November 26, 2020
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_h0601e1
CS/CS/HB 601

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 718.111, F.S.;
4requiring that hazard insurance be based upon the
5replacement cost of the property to be insured as
6determined by an independent insurance appraisal or update
7of a prior appraisal; requiring that the full insurable
8value be determined at specified intervals; providing a
9means by which an association may provide adequate hazard
10insurance; authorizing an association to consider certain
11information when determining coverage amounts; providing
12for coverage by developer-controlled associations;
13providing that policies may include deductibles as
14determined by the association's board of directors;
15providing requirements and guidelines for the
16establishment of such deductibles; requiring that the
17amounts of deductibles be set at a meeting of the board;
18providing requirements for such meeting; requiring that an
19association controlled by unit owners operating as a
20residential condominium use its best efforts to obtain and
21maintain adequate insurance to protect the association and
22property under its supervision or control; providing that
23a declaration of condominium may provide that condominium
24property consisting of freestanding buildings comprised of
25no more than one building in or on such unit need not be
26insured by the association if the declaration requires the
27unit owner to obtain adequate insurance for the
28condominium property; authorizing an association to obtain
29and maintain liability insurance for directors and
30officers, insurance for the benefit of association
31employees, and flood insurance for common elements,
32association property, and units; requiring that every
33hazard insurance policy issued or renewed on or after a
34specified date for the purpose of protecting the
35condominium provide certain coverage; requiring that such
36policies contain certain provisions; providing that such
37policies issued to individual unit owners do not provide
38rights of subrogation against the condominium association;
39providing for the insurance of improvements or additions
40benefiting fewer than all unit owners; requiring that an
41association require each owner to provide evidence of a
42current policy of hazard and liability insurance upon
43request; limiting the frequency with which an association
44may make such a request; authorizing an association to
45purchase coverage on behalf of an owner under certain
46circumstances; providing for the collection of the costs
47of such a policy; providing responsibilities of the unit
48owner and association with regard to reconstruction work
49and associated costs after a casualty loss; authorizing a
50multicondominium association to operate such condominiums
51as a single condominium for certain purposes by majority
52vote of the members of all applicable condominiums;
53providing that such election constitutes an amendment to
54the declaration of all applicable condominiums; requiring
55that an association maintain insurance or fidelity bonding
56for all persons who control or disburse association funds;
57requiring that such insurance policy or fidelity bond
58cover the maximum funds in the custody of the association
59or its management agent at any one time; defining the term
60"persons who control or disburse funds of the
61association"; authorizing an association to amend the
62declaration of condominium without regard to any
63requirement for approval by mortgagees of amendments
64affecting insurance requirements for the purpose of
65conforming the declaration of condominium to certain
66coverage requirements; providing that any portion of the
67condominium property required to be insured by the
68association against casualty loss which is damaged be
69reconstructed, repaired, or replaced as necessary by the
70association as a common expense; providing that all hazard
71insurance deductibles, uninsured losses, and other damages
72in excess of hazard insurance coverage under the hazard
73insurance policies maintained by the association are a
74common expense of the condominium; providing exceptions;
75allocating responsibility for certain costs of repair or
76reconstruction; authorizing an association to opt out of
77certain requirements related to such allocation of
78responsibility by majority vote; providing a procedure by
79which a multicondominium association that has not
80consolidated its financial operations may opt out of such
81allocation of responsibility; requiring that a decision to
82opt out be recorded; providing that such decision takes
83effect on the date on which it is recorded; authorizing
84the reversal of such decision; providing a procedure for
85reversal; providing that an association is not obligated
86to pay for any reconstruction or repair expenses for
87improvements made by an owner or the development if an
88improvement benefits only the unit for which it was
89installed; amending s. 718.115, F.S.; requiring that
90certain expenses be designated as common expenses;
91amending s. 718.116, F.S.; authorizing the designee of a
92unit owner or mortgagee to request a certificate of
93assessment; requiring that the fee for preparation of such
94certificate be stated on the certificate; providing for
95the establishment of such fees; providing for payment of
96the fee; requiring that the fee be refunded if a planned
97sale or mortgage does not occur; providing that any such
98refund is the obligation of the unit owner and is
99collectable in the same manner as an assessment; amending
100s. 718.117, F.S.; prohibiting the distribution of proceeds
101from the sale of a condominium unit to a lienholder from
102exceeding a unit owner's share of the proceeds; creating
103s. 720.30851, F.S.; requiring that the association provide
104a certificate signed by an officer or agent of the
105association stating all assessments and other moneys owed
106to the association by the parcel owner or mortgagee with
107respect to the parcel within a specified period after the
108association's receipt of a request for an estoppel
109certificate by an owner or mortgagee; providing that any
110person other than a parcel owner who relies upon a
111certificate receives the benefits and protection thereof;
112providing that a summary proceeding may be brought to
113compel the association to comply with the requirement to
114provide a certificate; providing that the prevailing party
115is entitled to recover reasonable attorney's fees;
116requiring that the fee for preparation of such certificate
117be stated on the certificate; providing for the
118establishment of such fees; providing for payment of the
119fee; requiring that the fee be refunded if a planned sale
120or mortgage does not occur; providing that any such refund
121is the obligation of the parcel owner and is collectable
122in the same manner as an assessment; amending s. 20.165,
123F.S.; changing the name of the Division of Florida Land
124Sales, Condominiums, and Mobile Homes to the Division of
125Florida Condominiums, Timeshares, and Mobile Homes and the
126Division of Technology, Licensure, and Testing to the
127Division of Technology; amending s. 215.20, F.S.;
128conforming the name of the division's trust fund to
129correspond to the name change of the division; amending s.
130450.33, F.S.; removing the requirement for a farm labor
131contractor to file a set of fingerprints with the
132department; amending s. 455.203, F.S.; authorizing the
133department to close and terminate deficient license
134applications and to approve professional license
135applications meeting certain criteria; amending s.
136455.217, F.S.; conforming terminology to changes made by
137the act; amending s. 455.2273, F.S.; authorizing the
138section to apply to disciplinary guidelines adopted by all
139boards and divisions; amending s. 468.841, F.S.;
140clarifying exemption provisions for license provisions
141governing mold-related services; amending s. 475.17, F.S.;
142revising requirements for licensure as a real estate
143broker; amending s. 475.451, F.S.; deleting requirements
144relating to the submission of certain real estate course
145rosters to the department; amending s. 477.019, F.S.,
146relating to cosmetologists; allowing a student to apply
147for licensure examination prior to graduation and to
148practice prior to licensure; amending s. 489.105, F.S.;
149clarifying that individuals and business entities that
150sell manufactured and factory-built buildings can legally
151enter into contracts for those sales; amending s. 489.511,
152F.S.; revising requirements for taking the electrical or
153alarm system contractor certification examination;
154providing requirements for certification; amending s.
155489.515, F.S.; revising requirements for certification as
156a certified contractor by the Electrical Contractors'
157Licensing Board to reflect changes made to s. 489.511,
158F.S., by this act; renumbering s. 498.009, F.S., relating
159to the location of the division's offices; amending and
160renumbering s. 498.011, F.S., relating to payment of per
161diem, mileage, and other expenses for division employees;
162providing for reimbursement of expenses for on-site
163review; deleting the expense reimbursement for inspection
164of subdivided lands; renumbering s. 498.013, F.S.,
165relating to the authentication of records; amending and
166renumbering s. 498.057, F.S., relating to service of
167process; deleting provision that service may be made by
168delivering a copy of the process to the division director;
169providing that the division can be the petitioner or the
170plaintiff; repealing ss. 498.001, 498.003, 498.005,
171498.007, 498.017, 498.021, 498.022, 498.023, 498.024,
172498.025, 498.027, 498.028, 498.029, 498.031, 498.033,
173498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
174498.051, 498.053, 498.059, 498.061, and 498.063, F.S.,
175relating to regulation of land sales practices; amending
176s. 548.0065, F.S.; including amateur mixed martial arts in
177a provision relating to the authority of the Florida State
178Boxing Commission to suspend amateur matches for violation
179of certain health and safety standards; amending s.
180548.008, F.S.; removing prohibition against holding
181amateur mixed martial arts matches in this state; amending
182s. 548.041, F.S.; providing additional licensure
183requirements for boxing participants; amending s. 718.501,
184F.S.; providing additional powers and duties of the
185division; providing for additional enforcement proceedings
186for carrying out the purposes of ch. 718, F.S.; deleting
187the payment of money by a developer to a condominium
188association as a permissible affirmative action; providing
189for actions of conservator or receiver; providing for
190application to circuit court for an order of restitution;
191providing for imposition of civil penalties and award of
192court costs, attorney's fees, and costs of investigation
193under certain circumstances; providing for contracting for
194investigative services; providing for acceptance of
195grants-in-aid; requiring the cooperation with similar
196agencies on establishment of certain procedures,
197standards, and forms; providing what constitutes
198completeness of notice; authorizing the division to issue
199a notice to show cause; providing conforming changes;
200amending s. 718.509, F.S., and transferring, renumbering,
201and amending s. 498.019, F.S.; consolidating and revising
202provisions relating to the creation, purposes, and sources
203of funds of the Division of Florida Condominiums,
204Timeshares, and Mobile Homes Trust Fund; revising
205provisions to conform to the change in division name;
206providing for the deposit of moneys resulting from an
207administrative final order; amending s. 721.03, F.S.;
208clarifying that timeshare plan includes a nonspecific
209multisite timeshare plan; amending ss. 73.073, 190.009,
210192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
211380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
212517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
213718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
214719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
215720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
216721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
217conform; providing effective dates.
218
219Be It Enacted by the Legislature of the State of Florida:
220
221     Section 1.  Subsection (11) of section 718.111, Florida
222Statutes, is amended to read:
223     718.111  The association.--
224     (11)  INSURANCE.--In order to protect the safety, health,
225and welfare of the people of the State of Florida and to ensure
226consistency in the provision of insurance coverage to
227condominiums and their unit owners, this subsection applies
228paragraphs (a), (b), and (c) are deemed to apply to every
229residential condominium in the state, regardless of the date of
230its declaration of condominium. It is the intent of the
231Legislature to encourage lower or stable insurance premiums for
232associations described in this subsection section.
233     (a)  Adequate hazard insurance, regardless of any
234requirement in the declaration of condominium for coverage by
235the association for full insurable value, replacement cost, or
236similar coverage, shall be based upon the replacement cost of
237the property to be insured as determined by an independent
238insurance appraisal or update of a prior appraisal. The full
239insurable value shall be determined at least once every 36
240months.
241     1.  An association or group of associations may provide
242adequate hazard insurance through a self-insurance fund that
243complies with the requirements of ss. 624.460-624.488.
244     2.  The association may also provide adequate hazard
245insurance coverage individually or for a group of no fewer than
246three communities created and operating under this chapter,
247chapter 719, chapter 720, or chapter 721 by obtaining and
248maintaining for such communities insurance coverage sufficient
249to cover an amount equal to the probable maximum loss for the
250communities for a 250-year windstorm event. Such probable
251maximum loss must be determined through the use of a competent
252model that has been accepted by the Florida Commission on
253Hurricane Loss Projection Methodology. No policy or program
254providing such coverage shall be issued or renewed after July 1,
2552008, unless it has been reviewed and approved by the Office of
256Insurance Regulation.  The review and approval shall include
257approval of the policy and related forms pursuant to ss. 627.410
258and 627.411, approval of the rates pursuant to s. 627.062, a
259determination that the loss model approved by the Commission was
260accurately and appropriately applied to the insured structures
261to determine the 250-year probable maximum loss, and a
262determination that complete and  accurate disclosure of all
263material provisions is provided to condominium unit owners prior
264to execution of the agreement by a condominium association.
265     3.  When determining the adequate amount of hazard
266insurance coverage, the association may consider deductibles as
267determined by this subsection.
268     (b)  If an association is a developer-controlled
269association, the association shall exercise its best efforts to
270obtain and maintain insurance as described in paragraph (a).
271Failure to obtain and maintain adequate hazard insurance during
272any period of developer control constitutes a breach of
273fiduciary responsibility by the developer-appointed members of
274the board of directors of the association, unless the members
275can show that despite such failure, they have made their best
276efforts to maintain the required coverage.
277     (c)  Policies may include deductibles as determined by the
278board.
279     1.  The deductibles shall be consistent with industry
280standards and prevailing practice for communities of similar
281size and age, and having similar construction and facilities in
282the locale where the condominium property is situated.
283     2.  The deductibles may be based upon available funds,
284including reserve accounts, or predetermined assessment
285authority at the time the insurance is obtained.
286     3.  The board shall establish the amount of deductibles
287based upon the level of available funds and predetermined
288assessment authority at a meeting of the board. Such meeting
289shall be open to all unit owners in the manner set forth in s.
290718.112(2)(e). The notice of such meeting must state the
291proposed deductible and the available funds and the assessment
292authority relied upon by the board and estimate any potential
293assessment amount against each unit, if any. The meeting
294described in this paragraph may be held in conjunction with a
295meeting to consider the proposed budget or an amendment thereto.
296     (d)  An association controlled by unit owners operating as
297a residential condominium shall use its best efforts to obtain
298and maintain adequate insurance to protect the association, the
299association property, the common elements, and the condominium
300property that is required to be insured by the association
301pursuant to this subsection.
302     (e)  The declaration of condominium as originally recorded,
303or as amended pursuant to procedures provided therein, may
304provide that condominium property consisting of freestanding
305buildings comprised of no more than one building in or on such
306unit need not be insured by the association if the declaration
307requires the unit owner to obtain adequate insurance for the
308condominium property. An association may also obtain and
309maintain liability insurance for directors and officers,
310insurance for the benefit of association employees, and flood
311insurance for common elements, association property, and units.
312     (f)  Every hazard insurance policy issued or renewed on or
313after January 1, 2009, for the purpose of protecting the
314condominium shall provide primary coverage for:
315     1.  All portions of the condominium property as originally
316installed or replacement of like kind and quality, in accordance
317with the original plans and specifications.
318     2.  All alterations or additions made to the condominium
319property or association property pursuant to s. 718.113(2).
320     3.  The coverage shall exclude all personal property within
321the unit or limited common elements, and floor, wall, and
322ceiling coverings, electrical fixtures, appliances, water
323heaters, water filters, built-in cabinets and countertops, and
324window treatments, including curtains, drapes, blinds, hardware,
325and similar window treatment components, or replacements of any
326of the foregoing.
327     (g)  Every hazard insurance policy issued or renewed on or
328after January 1, 2009, to an individual unit owner must contain
329a provision stating that the coverage afforded by such policy is
330excess coverage over the amount recoverable under any other
331policy covering the same property. Such policies must include
332special assessment coverage of no less than $2,000 per
333occurrence. An insurance policy issued to an individual unit
334owner providing such coverage does not provide rights of
335subrogation against the condominium association operating the
336condominium in which such individual's unit is located.
337     1.  All improvements or additions to the condominium
338property that benefit fewer than all unit owners shall be
339insured by the unit owner or owners having the use thereof, or
340may be insured by the association at the cost and expense of the
341unit owners having the use thereof.
342     2.  The association shall require each owner to provide
343evidence of a currently effective policy of hazard and liability
344insurance upon request, but not more than once per year. Upon
345the failure of an owner to provide a certificate of insurance
346issued by an insurer approved to write such insurance in this
347state within 30 days after the date on which a written request
348is delivered, the association may purchase a policy of insurance
349on behalf of an owner. The cost of such a policy, together with
350reconstruction costs undertaken by the association but which are
351the responsibility of the unit owner, may be collected in the
352manner provided for the collection of assessments in s. 718.116.
353     3.  All reconstruction work after a casualty loss shall be
354undertaken by the association except as otherwise authorized in
355this section. A unit owner may undertake reconstruction work on
356portions of the unit with the prior written consent of the board
357of administration. However, such work may be conditioned upon
358the approval of the repair methods, the qualifications of the
359proposed contractor, or the contract that is used for that
360purpose. A unit owner shall obtain all required governmental
361permits and approvals prior to commencing reconstruction.
362     4.  Unit owners are responsible for the cost of
363reconstruction of any portions of the condominium property for
364which the unit owner is required to carry casualty insurance,
365and any such reconstruction work undertaken by the association
366shall be chargeable to the unit owner and enforceable as an
367assessment pursuant to s. 718.116. The association must be an
368additional named insured and loss payee on all casualty
369insurance policies issued to unit owners in the condominium
370operated by the association.
371     5.  A multicondominium association may elect, by a majority
372vote of the collective members of the condominiums operated by
373the association, to operate such condominiums as a single
374condominium for purposes of insurance matters, including, but
375not limited to, the purchase of the hazard insurance required by
376this section and the apportionment of deductibles and damages in
377excess of coverage. The election to aggregate the treatment of
378insurance premiums, deductibles, and excess damages constitutes
379an amendment to the declaration of all condominiums operated by
380the association, and the costs of insurance shall be stated in
381the association budget. The amendments shall be recorded as
382required by s. 718.110.
383     (h)  The association shall maintain insurance or fidelity
384bonding of all persons who control or disburse funds of the
385association. The insurance policy or fidelity bond must cover
386the maximum funds that will be in the custody of the association
387or its management agent at any one time. As used in this
388paragraph, the term "persons who control or disburse funds of
389the association" includes, but is not limited to, those
390individuals authorized to sign checks on behalf of the
391association, and the president, secretary, and treasurer of the
392association. The association shall bear the cost of any such
393bonding.
394     (i)  The association may amend the declaration of
395condominium without regard to any requirement for approval by
396mortgagees of amendments affecting insurance requirements for
397the purpose of conforming the declaration of condominium to the
398coverage requirements of this subsection.
399     (j)  Any portion of the condominium property required to be
400insured by the association against casualty loss pursuant to
401paragraph (f) which is damaged by casualty shall be
402reconstructed, repaired, or replaced as necessary by the
403association as a common expense. All hazard insurance
404deductibles, uninsured losses, and other damages in excess of
405hazard insurance coverage under the hazard insurance policies
406maintained by the association are a common expense of the
407condominium, except that:
408     1.  A unit owner is responsible for the costs of repair or
409replacement of any portion of the condominium property not paid
410by insurance proceeds, if such damage is caused by intentional
411conduct, negligence, or failure to comply with the terms of the
412declaration or the rules of the association by a unit owner, the
413members of his or her family, unit occupants, tenants, guests,
414or invitees, without compromise of the subrogation rights of any
415insurer as set forth in paragraph (g).
416     2.  The provisions of subparagraph 1. regarding the
417financial responsibility of a unit owner for the costs of
418repairing or replacing other portions of the condominium
419property also applies to the costs of repair or replacement of
420personal property of other unit owners or the association, as
421well as other property, whether real or personal, which the unit
422owners are required to insure under paragraph (g).
423     3.  To the extent the cost of repair or reconstruction for
424which the unit owner is responsible under this paragraph is
425reimbursed to the association by insurance proceeds, and, to the
426extent the association has collected the cost of such repair or
427reconstruction from the unit owner, the association shall
428reimburse the unit owner without the waiver of any rights of
429subrogation.
430     4.  The association is not obligated to pay for repair or
431reconstruction or repairs of casualty losses as a common expense
432if the casualty losses were known or should have been known to a
433unit owner and were not reported to the association until after
434the insurance claim of the association for that casualty was
435settled or resolved with finality, or denied on the basis that
436it was untimely filed.
437     (k)  An association may, upon the approval of a majority of
438the total voting interests in the association, opt out of the
439provisions of paragraph (j) for the allocation of repair or
440reconstruction expenses and allocate repair or reconstruction
441expenses in the manner provided in the declaration as originally
442recorded or as amended. Such vote may be approved by the voting
443interests of the association without regard to any mortgagee
444consent requirements.
445     (l)  In a multicondominium association that has not
446consolidated its financial operations under s. 718.111(6), any
447condominium operated by the association may opt out of the
448provisions of paragraph (j) with the approval of a majority of
449the total voting interests in that condominium. Such vote may be
450approved by the voting interests without regard to any mortgagee
451consent requirements.
452     (m)  Any association or condominium voting to opt out of
453the guidelines for repair or reconstruction expenses as
454described in paragraph (j) must record a notice setting forth
455the date of the opt-out vote and the page of the official
456records book on which the declaration is recorded. The decision
457to opt out is effective upon the date of recording of the notice
458in the public records by the association. An association that
459has voted to opt out of paragraph (j) may reverse that decision
460by the same vote required in paragraphs (k) and (l), and notice
461thereof shall be recorded in the official records.
462     (n)  The association is not obligated to pay for any
463reconstruction or repair expenses due to casualty loss to any
464improvements installed by a current or former owner of the unit
465or by the developer if the improvement benefits only the unit
466for which it was installed and is not part of the standard
467improvements installed by the developer on all units as part of
468original construction, whether or not such improvement is
469located within the unit. This paragraph does not relieve any
470party of its obligations regarding recovery due under any
471insurance implemented specifically for any such improvements.
472     (o)  The provisions of this subsection shall not apply to
473timeshare condominium associations.  Insurance for timeshare
474condominium associations shall be maintained pursuant to s.
475721.165. Therefore, the Legislature requires a report to be
476prepared by the Office of Insurance Regulation of the Department
477of Financial Services for publication 18 months from the
478effective date of this act, evaluating premium increases or
479decreases for associations, unit owner premium increases or
480decreases, recommended changes to better define common areas, or
481any other information the Office of Insurance Regulation deems
482appropriate.
483     (a)  A unit-owner controlled association operating a
484residential condominium shall use its best efforts to obtain and
485maintain adequate insurance to protect the association, the
486association property, the common elements, and the condominium
487property required to be insured by the association pursuant to
488paragraph (b). If the association is developer controlled, the
489association shall exercise due diligence to obtain and maintain
490such insurance. Failure to obtain and maintain adequate
491insurance during any period of developer control shall
492constitute a breach of fiduciary responsibility by the
493developer-appointed members of the board of directors of the
494association, unless said members can show that despite such
495failure, they have exercised due diligence. The declaration of
496condominium as originally recorded, or amended pursuant to
497procedures provided therein, may require that condominium
498property consisting of freestanding buildings where there is no
499more than one building in or on such unit need not be insured by
500the association if the declaration requires the unit owner to
501obtain adequate insurance for the condominium property. An
502association may also obtain and maintain liability insurance for
503directors and officers, insurance for the benefit of association
504employees, and flood insurance for common elements, association
505property, and units. Adequate insurance, regardless of any
506requirement in the declaration of condominium for coverage by
507the association for "full insurable value," "replacement cost,"
508or the like, may include reasonable deductibles as determined by
509the board based upon available funds or predetermined assessment
510authority at the time that the insurance is obtained.
511     1.  Windstorm insurance coverage for a group of no fewer
512than three communities created and operating under this chapter,
513chapter 719, chapter 720, or chapter 721 may be obtained and
514maintained for the communities if the insurance coverage is
515sufficient to cover an amount equal to the probable maximum loss
516for the communities for a 250-year windstorm event. Such
517probable maximum loss must be determined through the use of a
518competent model that has been accepted by the Florida Commission
519on Hurricane Loss Projection Methodology. Such insurance
520coverage is deemed adequate windstorm insurance for the purposes
521of this section.
522     2.  An association or group of associations may self-insure
523against claims against the association, the association
524property, and the condominium property required to be insured by
525an association, upon compliance with the applicable provisions
526of ss. 624.460-624.488, which shall be considered adequate
527insurance for the purposes of this section. A copy of each
528policy of insurance in effect shall be made available for
529inspection by unit owners at reasonable times.
530     (b)  Every hazard insurance policy issued or renewed on or
531after January 1, 2004, to protect the condominium shall provide
532primary coverage for:
533     1.  All portions of the condominium property located
534outside the units;
535     2.  The condominium property located inside the units as
536such property was initially installed, or replacements thereof
537of like kind and quality and in accordance with the original
538plans and specifications or, if the original plans and
539specifications are not available, as they existed at the time
540the unit was initially conveyed; and
541     3.  All portions of the condominium property for which the
542declaration of condominium requires coverage by the association.
543
544Anything to the contrary notwithstanding, the terms "condominium
545property," "building," "improvements," "insurable improvements,"
546"common elements," "association property," or any other term
547found in the declaration of condominium which defines the scope
548of property or casualty insurance that a condominium association
549must obtain shall exclude all floor, wall, and ceiling
550coverings, electrical fixtures, appliances, air conditioner or
551heating equipment, water heaters, water filters, built-in
552cabinets and countertops, and window treatments, including
553curtains, drapes, blinds, hardware, and similar window treatment
554components, or replacements of any of the foregoing which are
555located within the boundaries of a unit and serve only one unit
556and all air conditioning compressors that service only an
557individual unit, whether or not located within the unit
558boundaries. The foregoing is intended to establish the property
559or casualty insuring responsibilities of the association and
560those of the individual unit owner and do not serve to broaden
561or extend the perils of coverage afforded by any insurance
562contract provided to the individual unit owner. Beginning
563January 1, 2004, the association shall have the authority to
564amend the declaration of condominium, without regard to any
565requirement for mortgagee approval of amendments affecting
566insurance requirements, to conform the declaration of
567condominium to the coverage requirements of this section.
568     (c)  Every hazard insurance policy issued or renewed on or
569after January 1, 2004, to an individual unit owner shall provide
570that the coverage afforded by such policy is excess over the
571amount recoverable under any other policy covering the same
572property. Each insurance policy issued to an individual unit
573owner providing such coverage shall be without rights of
574subrogation against the condominium association that operates
575the condominium in which such unit owner's unit is located. All
576real or personal property located within the boundaries of the
577unit owner's unit which is excluded from the coverage to be
578provided by the association as set forth in paragraph (b) shall
579be insured by the individual unit owner.
580     (d)  The association shall obtain and maintain adequate
581insurance or fidelity bonding of all persons who control or
582disburse funds of the association. The insurance policy or
583fidelity bond must cover the maximum funds that will be in the
584custody of the association or its management agent at any one
585time. As used in this paragraph, the term "persons who control
586or disburse funds of the association" includes, but is not
587limited to, those individuals authorized to sign checks and the
588president, secretary, and treasurer of the association. The
589association shall bear the cost of bonding.
590     Section 2.  Paragraph (a) of subsection (1) of section
591718.115, Florida Statutes, is amended to read:
592     718.115  Common expenses and common surplus.--
593     (1)(a)  Common expenses include the expenses of the
594operation, maintenance, repair, replacement, or protection of
595the common elements and association property, costs of carrying
596out the powers and duties of the association, and any other
597expense, whether or not included in the foregoing, designated as
598common expense by this chapter, the declaration, the documents
599creating the association, or the bylaws. Common expenses also
600include reasonable transportation services, insurance for
601directors and officers, road maintenance and operation expenses,
602in-house communications, and security services, which are
603reasonably related to the general benefit of the unit owners
604even if such expenses do not attach to the common elements or
605property of the condominium. However, such common expenses must
606either have been services or items provided on or after the date
607control of the association is transferred from the developer to
608the unit owners or must be services or items provided for in the
609condominium documents or bylaws. Unless the manner of payment or
610allocation of expenses is otherwise addressed in the declaration
611of condominium, the expenses of any items or services required
612by any federal, state, or local governmental entity to be
613installed, maintained, or supplied to the condominium property
614by the association, including, but not limited to, fire safety
615equipment or water and sewer service where a master meter serves
616the condominium, shall be common expenses whether or not such
617items or services are specifically identified as common expenses
618in the declaration of condominium, articles of incorporation, or
619bylaws of the association.
620     Section 3.  Subsection (8) of section 718.116, Florida
621Statutes, is amended to read:
622     718.116  Assessments; liability; lien and priority;
623interest; collection.--
624     (8)  Within 15 days after receiving a written request
625therefor from a unit owner or his or her designee purchaser, or  
626a unit mortgagee or his or her designee, the association shall
627provide a certificate signed by an officer or agent of the
628association stating all assessments and other moneys owed to the
629association by the unit owner with respect to the condominium
630parcel.
631     (a)  Any person other than the owner who relies upon such
632certificate shall be protected thereby.
633     (b)  A summary proceeding pursuant to s. 51.011 may be
634brought to compel compliance with this subsection, and in any
635such action the prevailing party is entitled to recover
636reasonable attorney's fees.
637     (c)  Notwithstanding any limitation on transfer fees
638contained in s. 718.112(2)(i), the association or its authorized
639agent may charge a reasonable fee for the preparation of the
640certificate. The amount of the fee must be included on the
641certificate.
642     (d)  The authority to charge a fee for the certificate
643shall be established by a written resolution adopted by the
644board or provided by a written management, bookkeeping, or
645maintenance contract and is payable upon the preparation of the
646certificate. If the certificate is requested in conjunction with
647the sale or mortgage of a unit but the closing does not occur
648and no later than 30 days after the closing date for which the
649certificate was sought the preparer receives a written request,
650accompanied by reasonable documentation, that the sale did not
651occur from a payer that is not the unit owner, the fee shall be
652refunded to that payer within 30 days after receipt of the
653request. The refund is the obligation of the unit owner, and the
654association may collect it from that owner in the same manner as
655an assessment as provided in this section.
656     Section 4.  Paragraph (c) of subsection (17) of section
657718.117, Florida Statutes, is amended to read:
658     718.117  Termination of condominium.--
659     (17)  DISTRIBUTION.--
660     (c)  The proceeds from any sale of condominium property or
661association property and any remaining condominium property or
662association property, common surplus, and other assets shall be
663distributed in the following priority:
664     1.  To pay the reasonable termination trustee's fees and
665costs and accounting fees and costs.
666     2.  To lienholders of liens recorded prior to the recording
667of the declaration.
668     3.  To purchase-money lienholders on units to the extent
669necessary to satisfy their liens; however, the distribution may
670not exceed a unit owner's share of the proceeds.
671     4.  To lienholders of liens of the association which have
672been consented to under s. 718.121(1).
673     5.  To creditors of the association, as their interests
674appear.
675     6.  To unit owners, the proceeds of any sale of condominium
676property subject to satisfaction of liens on each unit in their
677order of priority, in shares specified in the plan of
678termination, unless objected to by a unit owner or lienor as
679provided in paragraph (b).
680     7.  To unit owners, the remaining condominium property,
681subject to satisfaction of liens on each unit in their order of
682priority, in shares specified in the plan of termination, unless
683objected to by a unit owner or a lienor as provided in paragraph
684(b).
685     8.  To unit owners, the proceeds of any sale of association
686property, the remaining association property, common surplus,
687and other assets of the association, subject to satisfaction of
688liens on each unit in their order of priority, in shares
689specified in the plan of termination, unless objected to by a
690unit owner or a lienor as provided in paragraph (b).
691     Section 5.  Section 720.30851, Florida Statutes, is created
692to read:
693     720.30851  Estoppel certificates.--Within 15 days after the
694date on which a request for an estoppel certificate is received
695from a parcel owner or mortgagee, or his or her designee, the
696association shall provide a certificate signed by an officer or
697authorized agent of the association stating all assessments and
698other moneys owed to the association by the parcel owner or
699mortgagee with respect to the parcel. An association may charge
700a fee for the preparation of such certificate, and the amount of
701such fee must be stated on the certificate.
702     (1)  Any person other than a parcel owner who relies upon a
703certificate receives the benefits and protection thereof.
704     (2)  A summary proceeding pursuant to s. 51.011 may be
705brought to compel compliance with this section, and the
706prevailing party is entitled to recover reasonable attorney's
707fees.
708     (3)  The authority to charge a fee for the certificate
709shall be established by a written resolution adopted by the
710board or provided by a written management, bookkeeping, or
711maintenance contract and is payable upon the preparation of the
712certificate. If the certificate is requested in conjunction with
713the sale or mortgage of a parcel but the closing does not occur
714and no later than 30 days after the closing date for which the
715certificate was sought the preparer receives a written request,
716accompanied by reasonable documentation, that the sale did not
717occur from a payer that is not the parcel owner, the fee shall
718be refunded to that payer within 30 days after receipt of the
719request. The refund is the obligation of the parcel owner, and
720the association may collect it from that owner in the same
721manner as an assessment as provided in this section.
722     Section 6.  Paragraphs (d) and (j) of subsection (2) of
723section 20.165, Florida Statutes, are amended to read:
724     20.165  Department of Business and Professional
725Regulation.--There is created a Department of Business and
726Professional Regulation.
727     (2)  The following divisions of the Department of Business
728and Professional Regulation are established:
729     (d)  Division of Florida Land Sales, Condominiums,
730Timeshares, and Mobile Homes.
731     (j)  Division of Technology, Licensure, and Testing.
732     Section 7.  Subsection (2) of section 73.073, Florida
733Statutes, is amended to read:
734     73.073  Eminent domain procedure with respect to
735condominium common elements.--
736     (2)  With respect to the exercise of eminent domain or a
737negotiated sale for the purchase or taking of a portion of the
738common elements of a condominium, the condemning authority shall
739have the responsibility of contacting the condominium
740association and acquiring the most recent rolls indicating the
741names of the unit owners or contacting the appropriate taxing
742authority to obtain the names of the owners of record on the tax
743rolls. Notification shall thereupon be sent by certified mail,
744return receipt requested, to the unit owners of record of the
745condominium units by the condemning authority indicating the
746intent to purchase or take the required property and requesting
747a response from the unit owner. The condemning authority shall
748be responsible for the expense of sending notification pursuant
749to this section. Such notice shall, at a minimum, include:
750     (a)  The name and address of the condemning authority.
751     (b)  A written or visual description of the property.
752     (c)  The public purpose for which the property is needed.
753     (d)  The appraisal value of the property.
754     (e)  A clear, concise statement relating to the unit
755owner's right to object to the taking or appraisal value and the
756procedures and effects of exercising that right.
757     (f)  A clear, concise statement relating to the power of
758the association to convey the property on behalf of the unit
759owners if no objection to the taking or appraisal value is
760raised, and the effects of this alternative on the unit owner.
761
762The Division of Florida Land Sales, Condominiums, Timeshares,
763and Mobile Homes of the Department of Business and Professional
764Regulation may adopt, by rule, a standard form for such notice
765and may require the notice to include any additional relevant
766information.
767     Section 8.  Subsections (2) and (3) of section 190.009,
768Florida Statutes, are amended to read:
769     190.009  Disclosure of public financing.--
770     (2)  The Division of Florida Land Sales, Condominiums, and
771Mobile Homes of the Department of Business and Professional
772Regulation shall ensure that disclosures made by developers
773pursuant to chapter 498 meet the requirements of subsection (1).
774     (2)(3)  The Department of Community Affairs shall keep a
775current list of districts and their disclosures pursuant to this
776act and shall make such studies and reports and take such
777actions as it deems necessary.
778     Section 9.  Paragraph (e) of subsection (6) of section
779192.037, Florida Statutes, is amended to read:
780     192.037  Fee timeshare real property; taxes and
781assessments; escrow.--
782     (6)
783     (e)  On or before May 1 of each year, a statement of
784receipts and disbursements of the escrow account must be filed
785with the Division of Florida Land Sales, Condominiums,
786Timeshares, and Mobile Homes of the Department of Business and
787Professional Regulation, which may enforce this paragraph
788pursuant to s. 721.26. This statement must appropriately show
789the amount of principal and interest in such account.
790     Section 10.  Paragraph (i) of subsection (8) of section
791213.053, Florida Statutes, is amended to read:
792     213.053  Confidentiality and information sharing.--
793     (8)  Notwithstanding any other provision of this section,
794the department may provide:
795     (i)  Information relative to chapters 212 and 326 to the
796Division of Florida Land Sales, Condominiums, Timeshares, and
797Mobile Homes of the Department of Business and Professional
798Regulation in the conduct of its official duties.
799
800Disclosure of information under this subsection shall be
801pursuant to a written agreement between the executive director
802and the agency. Such agencies, governmental or nongovernmental,
803shall be bound by the same requirements of confidentiality as
804the Department of Revenue. Breach of confidentiality is a
805misdemeanor of the first degree, punishable as provided by s.
806775.082 or s. 775.083.
807     Section 11.  Paragraph (d) of subsection (4) of section
808215.20, Florida Statutes, is amended to read:
809     215.20  Certain income and certain trust funds to
810contribute to the General Revenue Fund.--
811     (4)  The income of a revenue nature deposited in the
812following described trust funds, by whatever name designated, is
813that from which the appropriations authorized by subsection (3)
814shall be made:
815     (d)  Within the Department of Business and Professional
816Regulation:
817     1.  The Administrative Trust Fund.
818     2.  The Alcoholic Beverage and Tobacco Trust Fund.
819     3.  The Cigarette Tax Collection Trust Fund.
820     4.  The Division of Florida Land Sales, Condominiums,
821Timeshares, and Mobile Homes Trust Fund.
822     5.  The Hotel and Restaurant Trust Fund, with the exception
823of those fees collected for the purpose of funding of the
824hospitality education program as stated in s. 509.302.
825     6.  The Professional Regulation Trust Fund.
826     7.  The trust funds administered by the Division of Pari-
827mutuel Wagering.
828
829The enumeration of the foregoing moneys or trust funds shall not
830prohibit the applicability thereto of s. 215.24 should the
831Governor determine that for the reasons mentioned in s. 215.24
832the money or trust funds should be exempt herefrom, as it is the
833purpose of this law to exempt income from its force and effect
834when, by the operation of this law, federal matching funds or
835contributions or private grants to any trust fund would be lost
836to the state.
837     Section 12.  Subsection (2) of section 326.002, Florida
838Statutes, is amended to read:
839     326.002  Definitions.--As used in ss. 326.001-326.006, the
840term:
841     (2)  "Division" means the Division of Florida Land Sales,
842Condominiums, Timeshares, and Mobile Homes of the Department of
843Business and Professional Regulation.
844     Section 13.  Paragraph (d) of subsection (2) and subsection
845(3) of section 326.006, Florida Statutes, are amended to read:
846     326.006  Powers and duties of division.--
847     (2)  The division has the power to enforce and ensure
848compliance with the provisions of this chapter and rules adopted
849under this chapter relating to the sale and ownership of yachts
850and ships. In performing its duties, the division has the
851following powers and duties:
852     (d)  Notwithstanding any remedies available to a yacht or
853ship purchaser, if the division has reasonable cause to believe
854that a violation of any provision of this chapter or rule
855adopted under this chapter has occurred, the division may
856institute enforcement proceedings in its own name against any
857broker or salesperson or any of his or her assignees or agents,
858or against any unlicensed person or any of his or her assignees
859or agents, as follows:
860     1.  The division may permit a person whose conduct or
861actions are under investigation to waive formal proceedings and
862enter into a consent proceeding whereby orders, rules, or
863letters of censure or warning, whether formal or informal, may
864be entered against the person.
865     2.  The division may issue an order requiring the broker or
866salesperson or any of his or her assignees or agents, or
867requiring any unlicensed person or any of his or her assignees
868or agents, to cease and desist from the unlawful practice and
869take such affirmative action as in the judgment of the division
870will carry out the purposes of this chapter.
871     3.  The division may bring an action in circuit court on
872behalf of a class of yacht or ship purchasers for declaratory
873relief, injunctive relief, or restitution.
874     4.  The division may impose a civil penalty against a
875broker or salesperson or any of his or her assignees or agents,
876or against an unlicensed person or any of his or her assignees
877or agents, for any violation of this chapter or a rule adopted
878under this chapter. A penalty may be imposed for each day of
879continuing violation, but in no event may the penalty for any
880offense exceed $10,000. All amounts collected must be deposited
881with the Chief Financial Officer to the credit of the Division
882of Florida Land Sales, Condominiums, Timeshares, and Mobile
883Homes Trust Fund. If a broker, salesperson, or unlicensed person
884working for a broker, fails to pay the civil penalty, the
885division shall thereupon issue an order suspending the broker's
886license until such time as the civil penalty is paid or may
887pursue enforcement of the penalty in a court of competent
888jurisdiction. The order imposing the civil penalty or the order
889of suspension may not become effective until 20 days after the
890date of such order. Any action commenced by the division must be
891brought in the county in which the division has its executive
892offices or in the county where the violation occurred.
893     (3)  All fees must be deposited in the Division of Florida
894Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
895Fund as provided by law.
896     Section 14.  Subsection (18) of section 380.05, Florida
897Statutes, is amended to read:
898     380.05  Areas of critical state concern.--
899     (18)  Neither the designation of an area of critical state
900concern nor the adoption of any regulations for such an area
901shall in any way limit or modify the rights of any person to
902complete any development that was has been authorized by
903registration of a subdivision pursuant to former chapter 498 or
904former chapter 478, by recordation pursuant to local subdivision
905plat law, or by a building permit or other authorization to
906commence development on which there has been reliance and a
907change of position, and which registration or recordation was
908accomplished, or which permit or authorization was issued, prior
909to the approval under subsection (6), or the adoption under
910subsection (8), of land development regulations for the area of
911critical state concern. If a developer has by his or her actions
912in reliance on prior regulations obtained vested or other legal
913rights that in law would have prevented a local government from
914changing those regulations in a way adverse to the developer's
915interests, nothing in this chapter authorizes any governmental
916agency to abridge those rights.
917     Section 15.  Subsection (20) of section 380.06, Florida
918Statutes, is amended to read:
919     380.06  Developments of regional impact.--
920     (20)  VESTED RIGHTS.--Nothing in this section shall limit
921or modify the rights of any person to complete any development
922that was has been authorized by registration of a subdivision
923pursuant to former chapter 498, by recordation pursuant to local
924subdivision plat law, or by a building permit or other
925authorization to commence development on which there has been
926reliance and a change of position and which registration or
927recordation was accomplished, or which permit or authorization
928was issued, prior to July 1, 1973. If a developer has, by his or
929her actions in reliance on prior regulations, obtained vested or
930other legal rights that in law would have prevented a local
931government from changing those regulations in a way adverse to
932the developer's interests, nothing in this chapter authorizes
933any governmental agency to abridge those rights.
934     (a)  For the purpose of determining the vesting of rights
935under this subsection, approval pursuant to local subdivision
936plat law, ordinances, or regulations of a subdivision plat by
937formal vote of a county or municipal governmental body having
938jurisdiction after August 1, 1967, and prior to July 1, 1973, is
939sufficient to vest all property rights for the purposes of this
940subsection; and no action in reliance on, or change of position
941concerning, such local governmental approval is required for
942vesting to take place. Anyone claiming vested rights under this
943paragraph must so notify the department in writing by January 1,
9441986. Such notification shall include information adequate to
945document the rights established by this subsection. When such
946notification requirements are met, in order for the vested
947rights authorized pursuant to this paragraph to remain valid
948after June 30, 1990, development of the vested plan must be
949commenced prior to that date upon the property that the state
950land planning agency has determined to have acquired vested
951rights following the notification or in a binding letter of
952interpretation. When the notification requirements have not been
953met, the vested rights authorized by this paragraph shall expire
954June 30, 1986, unless development commenced prior to that date.
955     (b)  For the purpose of this act, the conveyance of, or the
956agreement to convey, property to the county, state, or local
957government as a prerequisite to zoning change approval shall be
958construed as an act of reliance to vest rights as determined
959under this subsection, provided such zoning change is actually
960granted by such government.
961     Section 16.  Paragraph (a) of subsection (4) of section
962380.0651, Florida Statutes, is amended to read:
963     380.0651  Statewide guidelines and standards.--
964     (4)  Two or more developments, represented by their owners
965or developers to be separate developments, shall be aggregated
966and treated as a single development under this chapter when they
967are determined to be part of a unified plan of development and
968are physically proximate to one other.
969     (a)  The criteria of two of the following subparagraphs
970must be met in order for the state land planning agency to
971determine that there is a unified plan of development:
972     1.a.  The same person has retained or shared control of the
973developments;
974     b.  The same person has ownership or a significant legal or
975equitable interest in the developments; or
976     c.  There is common management of the developments
977controlling the form of physical development or disposition of
978parcels of the development.
979     2.  There is a reasonable closeness in time between the
980completion of 80 percent or less of one development and the
981submission to a governmental agency of a master plan or series
982of plans or drawings for the other development which is
983indicative of a common development effort.
984     3.  A master plan or series of plans or drawings exists
985covering the developments sought to be aggregated which have
986been submitted to a local general-purpose government, water
987management district, the Florida Department of Environmental
988Protection, or the Division of Florida Land Sales, Condominiums,
989Timeshares, and Mobile Homes for authorization to commence
990development. The existence or implementation of a utility's
991master utility plan required by the Public Service Commission or
992general-purpose local government or a master drainage plan shall
993not be the sole determinant of the existence of a master plan.
994     4.  The voluntary sharing of infrastructure that is
995indicative of a common development effort or is designated
996specifically to accommodate the developments sought to be
997aggregated, except that which was implemented because it was
998required by a local general-purpose government; water management
999district; the Department of Environmental Protection; the
1000Division of Florida Land Sales, Condominiums, Timeshares, and
1001Mobile Homes; or the Public Service Commission.
1002     5.  There is a common advertising scheme or promotional
1003plan in effect for the developments sought to be aggregated.
1004     Section 17.  Paragraph (c) of subsection (4) of section
1005381.0065, Florida Statutes, is amended to read:
1006     381.0065  Onsite sewage treatment and disposal systems;
1007regulation.--
1008     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1009not construct, repair, modify, abandon, or operate an onsite
1010sewage treatment and disposal system without first obtaining a
1011permit approved by the department. The department may issue
1012permits to carry out this section, but shall not make the
1013issuance of such permits contingent upon prior approval by the
1014Department of Environmental Protection, except that the issuance
1015of a permit for work seaward of the coastal construction control
1016line established under s. 161.053 shall be contingent upon
1017receipt of any required coastal construction control line permit
1018from the Department of Environmental Protection. A construction
1019permit is valid for 18 months from the issuance date and may be
1020extended by the department for one 90-day period under rules
1021adopted by the department. A repair permit is valid for 90 days
1022from the date of issuance. An operating permit must be obtained
1023prior to the use of any aerobic treatment unit or if the
1024establishment generates commercial waste. Buildings or
1025establishments that use an aerobic treatment unit or generate
1026commercial waste shall be inspected by the department at least
1027annually to assure compliance with the terms of the operating
1028permit. The operating permit for a commercial wastewater system
1029is valid for 1 year from the date of issuance and must be
1030renewed annually. The operating permit for an aerobic treatment
1031unit is valid for 2 years from the date of issuance and must be
1032renewed every 2 years. If all information pertaining to the
1033siting, location, and installation conditions or repair of an
1034onsite sewage treatment and disposal system remains the same, a
1035construction or repair permit for the onsite sewage treatment
1036and disposal system may be transferred to another person, if the
1037transferee files, within 60 days after the transfer of
1038ownership, an amended application providing all corrected
1039information and proof of ownership of the property. There is no
1040fee associated with the processing of this supplemental
1041information. A person may not contract to construct, modify,
1042alter, repair, service, abandon, or maintain any portion of an
1043onsite sewage treatment and disposal system without being
1044registered under part III of chapter 489. A property owner who
1045personally performs construction, maintenance, or repairs to a
1046system serving his or her own owner-occupied single-family
1047residence is exempt from registration requirements for
1048performing such construction, maintenance, or repairs on that
1049residence, but is subject to all permitting requirements. A
1050municipality or political subdivision of the state may not issue
1051a building or plumbing permit for any building that requires the
1052use of an onsite sewage treatment and disposal system unless the
1053owner or builder has received a construction permit for such
1054system from the department. A building or structure may not be
1055occupied and a municipality, political subdivision, or any state
1056or federal agency may not authorize occupancy until the
1057department approves the final installation of the onsite sewage
1058treatment and disposal system. A municipality or political
1059subdivision of the state may not approve any change in occupancy
1060or tenancy of a building that uses an onsite sewage treatment
1061and disposal system until the department has reviewed the use of
1062the system with the proposed change, approved the change, and
1063amended the operating permit.
1064     (c)  Notwithstanding the provisions of paragraphs (a) and
1065(b), for subdivisions platted of record on or before October 1,
10661991, when a developer or other appropriate entity has
1067previously made or makes provisions, including financial
1068assurances or other commitments, acceptable to the Department of
1069Health, that a central water system will be installed by a
1070regulated public utility based on a density formula, private
1071potable wells may be used with onsite sewage treatment and
1072disposal systems until the agreed-upon densities are reached.
1073The department may consider assurances filed with the Department
1074of Business and Professional Regulation under chapter 498 in
1075determining the adequacy of the financial assurance required by
1076this paragraph. In a subdivision regulated by this paragraph,
1077the average daily sewage flow may not exceed 2,500 gallons per
1078acre per day. This section does not affect the validity of
1079existing prior agreements. After October 1, 1991, the exception
1080provided under this paragraph is not available to a developer or
1081other appropriate entity.
1082     Section 18.  Subsections (8) through (12) of section
1083450.33, Florida Statutes, are amended to read:
1084     450.33  Duties of farm labor contractor.--Every farm labor
1085contractor must:
1086     (8)  File, within such time as the department may
1087prescribe, a set of his or her fingerprints.
1088     (8)(9)  Produce evidence to the department that each
1089vehicle he or she uses for the transportation of employees
1090complies with the requirements and specifications established in
1091chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
1092Pub. L. No. 97-470 meeting Department of Transportation
1093requirements or, in lieu thereof, bears a valid inspection
1094sticker showing that the vehicle has passed the inspection in
1095the state in which the vehicle is registered.
1096     (9)(10)  Comply with all applicable statutes, rules, and
1097regulations of the United States and of the State of Florida for
1098the protection or benefit of labor, including, but not limited
1099to, those providing for wages, hours, fair labor standards,
1100social security, workers' compensation, unemployment
1101compensation, child labor, and transportation.
1102     (10)(11)  Maintain accurate daily field records for each
1103employee actually paid by the farm labor contractor reflecting
1104the hours worked for the farm labor contractor and, if paid by
1105unit, the number of units harvested and the amount paid per
1106unit.
1107     (11)(12)  Clearly display on each vehicle used to transport
1108migrant or seasonal farm workers a display sticker issued by the
1109department, which states that the vehicle is authorized by the
1110department to transport farm workers and the expiration date of
1111the authorization.
1112     Section 19.  Subsection (10) is added to section 455.203,
1113Florida Statutes, to read:
1114     455.203  Department; powers and duties.--The department,
1115for the boards under its jurisdiction, shall:
1116     (10)  Have authority to:
1117     (a)  Close and terminate deficient license application
1118files 2 years after the board or the department notifies the
1119applicant of the deficiency; and
1120     (b)  Approve applications for professional licenses that
1121meet all statutory and rule requirements for licensure.
1122     Section 20.  Subsection (5) of section 455.116, Florida
1123Statutes, is amended to read:
1124     455.116  Regulation trust funds.--The following trust funds
1125shall be placed in the department:
1126     (5)  Division of Florida Land Sales, Condominiums,
1127Timeshares, and Mobile Homes Trust Fund.
1128     Section 21.  Subsection (1) of section 455.217, Florida
1129Statutes, is amended to read:
1130     455.217  Examinations.--This section shall be read in
1131conjunction with the appropriate practice act associated with
1132each regulated profession under this chapter.
1133     (1)  The Division of Technology, Licensure, and Testing of
1134the Department of Business and Professional Regulation shall
1135provide, contract, or approve services for the development,
1136preparation, administration, scoring, score reporting, and
1137evaluation of all examinations. The division shall seek the
1138advice of the appropriate board in providing such services.
1139     (a)  The department, acting in conjunction with the
1140Division of Technology, Licensure, and Testing and the Division
1141of Real Estate, as appropriate, shall ensure that examinations
1142adequately and reliably measure an applicant's ability to
1143practice the profession regulated by the department. After an
1144examination developed or approved by the department has been
1145administered, the board or department may reject any question
1146which does not reliably measure the general areas of competency
1147specified in the rules of the board or department, when there is
1148no board. The department shall use professional testing services
1149for the development, preparation, and evaluation of
1150examinations, when such services are available and approved by
1151the board.
1152     (b)  For each examination developed by the department or
1153contracted vendor, to the extent not otherwise specified by
1154statute, the board or the department when there is no board,
1155shall by rule specify the general areas of competency to be
1156covered by the examination, the relative weight to be assigned
1157in grading each area tested, the score necessary to achieve a
1158passing grade, and the fees, where applicable, to cover the
1159actual cost for any purchase, development, and administration of
1160the required examination. However, statutory fee caps in each
1161practice act shall apply. This subsection does not apply to
1162national examinations approved and administered pursuant to
1163paragraph (d).
1164     (c)  If a practical examination is deemed to be necessary,
1165rules shall specify the criteria by which examiners are to be
1166selected, the grading criteria to be used by the examiner, the
1167relative weight to be assigned in grading each criterion, and
1168the score necessary to achieve a passing grade. When a mandatory
1169standardization exercise for a practical examination is required
1170by law, the board may conduct such exercise. Therefore, board
1171members may serve as examiners at a practical examination with
1172the consent of the board.
1173     (d)  A board, or the department when there is no board, may
1174approve by rule the use of any national examination which the
1175department has certified as meeting requirements of national
1176examinations and generally accepted testing standards pursuant
1177to department rules. Providers of examinations, which may be
1178either profit or nonprofit entities, seeking certification by
1179the department shall pay the actual costs incurred by the
1180department in making a determination regarding the
1181certification. The department shall use any national examination
1182which is available, certified by the department, and approved by
1183the board. The name and number of a candidate may be provided to
1184a national contractor for the limited purpose of preparing the
1185grade tape and information to be returned to the board or
1186department or, to the extent otherwise specified by rule, the
1187candidate may apply directly to the vendor of the national
1188examination. The department may delegate to the board the duty
1189to provide and administer the examination. Any national
1190examination approved by a board, or the department when there is
1191no board, prior to October 1, 1997, is deemed certified under
1192this paragraph. Any licensing or certification examination that
1193is not developed or administered by the department in-house or
1194provided as a national examination shall be competitively bid.
1195     (e)  The department shall adopt rules regarding the
1196security and monitoring of examinations. In order to maintain
1197the security of examinations, the department may employ the
1198procedures set forth in s. 455.228 to seek fines and injunctive
1199relief against an examinee who violates the provisions of s.
1200455.2175 or the rules adopted pursuant to this paragraph. The
1201department, or any agent thereof, may, for the purposes of
1202investigation, confiscate any written, photographic, or
1203recording material or device in the possession of the examinee
1204at the examination site which the department deems necessary to
1205enforce such provisions or rules.
1206     (f)  If the professional board with jurisdiction over an
1207examination concurs, the department may, for a fee, share with
1208any other state's licensing authority an examination developed
1209by or for the department unless prohibited by a contract entered
1210into by the department for development or purchase of the
1211examination. The department, with the concurrence of the
1212appropriate board, shall establish guidelines that ensure
1213security of a shared exam and shall require that any other
1214state's licensing authority comply with those guidelines. Those
1215guidelines shall be approved by the appropriate professional
1216board. All fees paid by the user shall be applied to the
1217department's examination and development program for professions
1218regulated by this chapter. All fees paid by the user for
1219professions not regulated by this chapter shall be applied to
1220offset the fees for the development and administration of that
1221profession's examination. If both a written and a practical
1222examination are given, an applicant shall be required to retake
1223only the portion of the examination for which he or she failed
1224to achieve a passing grade, if he or she successfully passes
1225that portion within a reasonable time of his or her passing the
1226other portion.
1227     Section 22.  Subsection (6) is added to section 455.2273,
1228Florida Statutes, to read:
1229     455.2273  Disciplinary guidelines.--
1230     (6)  Notwithstanding s. 455.017, this section applies to
1231disciplinary guidelines adopted by all boards or divisions
1232within the department.
1233     Section 23.  Effective July 1, 2010, paragraph (d) of
1234subsection (1) and paragraph (d) of subsection (2) of section
1235468.841, Florida Statutes, are amended to read:
1236     468.841  Exemptions.--
1237     (1)  The following persons are not required to comply with
1238any provisions of this part relating to mold assessment:
1239     (d)  Persons or business organizations acting within the
1240scope of the respective licenses required under chapter 471,
1241part I of chapter 481, chapter 482, or chapter 489, or part XV
1242of this chapter, are acting on behalf of an insurer under part
1243VI of chapter 626, or are persons in the manufactured housing
1244industry who are licensed under chapter 320, except when any
1245such persons or business organizations hold themselves out for
1246hire to the public as a "certified mold assessor remediator,"
1247"registered mold assessor remediator," "licensed mold assessor
1248remediator," "mold assessor remediator," "professional mold
1249assessor remediator," or any combination thereof stating or
1250implying licensure under this part.
1251     (2)  The following persons are not required to comply with
1252any provisions of this part relating to mold remediation:
1253     (d)  Persons or business organizations that are acting
1254within the scope of the respective licenses required under
1255chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1256or part XV of this chapter, are acting on behalf of an insurer
1257under part VI of chapter 626, or are persons in the manufactured
1258housing industry who are licensed under chapter 320, except when
1259any such persons or business organizations hold themselves out
1260for hire to the public as a "certified mold remediator
1261assessor," "registered mold remediator assessor," "licensed mold
1262remediator assessor," "mold remediator assessor," "professional
1263mold remediator assessor," or any combination thereof stating or
1264implying licensure under this part.
1265     Section 24.  Paragraph (b) of subsection (2) of section
1266475.17, Florida Statutes, is amended to read:
1267     475.17  Qualifications for practice.--
1268     (2)
1269     (b)  A person may not be licensed as a real estate broker
1270unless, in addition to the other requirements of law, the person
1271has held:
1272     1.  An active real estate sales associate's license for at
1273least 24 12 months during the preceding 5 years in the office of
1274one or more real estate brokers licensed in this state or any
1275other state, territory, or jurisdiction of the United States or
1276in any foreign national jurisdiction;
1277     2.  A current and valid real estate sales associate's
1278license for at least 24 12 months during the preceding 5 years
1279in the employ of a governmental agency for a salary and
1280performing the duties authorized in this part for real estate
1281licensees; or
1282     3.  A current and valid real estate broker's license for at
1283least 24 12 months during the preceding 5 years in any other
1284state, territory, or jurisdiction of the United States or in any
1285foreign national jurisdiction.
1286
1287This paragraph does not apply to a person employed as a real
1288estate investigator by the Division of Real Estate, provided the
1289person has been employed as a real estate investigator for at
1290least 24 months. The person must be currently employed as a real
1291estate investigator to sit for the real estate broker's
1292examination and have held a valid and current sales associate's
1293license for at least 12 months.
1294     Section 25.  Subsection (9) of section 475.451, Florida
1295Statutes, is amended to read:
1296     475.451  Schools teaching real estate practice.--
1297     (9)(a)  Each school permitholder of a proprietary real
1298estate school, each chief administrative person of such an
1299institution, or each course sponsor shall deliver to the
1300department, in a format acceptable to the department, a copy of
1301the classroom course roster of courses that require satisfactory
1302completion of an examination no later than 30 days beyond the
1303end of the calendar month in which the course was completed.
1304     (b)  The course roster shall consist of the institution or
1305school name and permit number, if applicable, the instructor's
1306name and permit number, if applicable, course title, beginning
1307and ending dates of the course, number of course hours, course
1308location, if applicable, each student's full name and license
1309number, if applicable, each student's mailing address, and the
1310numerical grade each student achieved. The course roster shall
1311also include the signature of the school permitholder, the chief
1312administrative person, or the course sponsor.
1313     Section 26.  Section 475.455, Florida Statutes, is amended
1314to read:
1315     475.455  Exchange of disciplinary information.--The
1316commission shall inform the Division of Florida Land Sales,
1317Condominiums, Timeshares, and Mobile Homes of the Department of
1318Business and Professional Regulation of any disciplinary action
1319the commission has taken against any of its licensees. The
1320division shall inform the commission of any disciplinary action
1321the division has taken against any broker or sales associate
1322registered with the division.
1323     Section 27.  Paragraph (d) is added to subsection (2) of
1324section 477.019, Florida Statutes, and subsection (4) of that
1325section is amended, to read:
1326     477.019  Cosmetologists; qualifications; licensure;
1327supervised practice; license renewal; endorsement; continuing
1328education.--
1329     (2)  An applicant shall be eligible for licensure by
1330examination to practice cosmetology if the applicant:
1331     (d)  Has submitted for examination approval in the last 100
1332hours of training by a pregraduate of a licensed cosmetology
1333school or a program within the public school system, if such
1334school or program is certified by the Department of Education
1335and the applicant pays the application fee as required in
1336paragraph (b). Upon approval and the completion of all required
1337training, the applicant may schedule an examination. An
1338applicant must take the examination within 6 months from the
1339date on which he or she receives approval. If the applicant
1340fails to take the examination within the 6-month period, he or
1341she must reapply for examination approval. The board shall
1342establish by rule procedures for the pregraduate application
1343process.
1344     (4)  If an applicant passes all parts of the examination
1345for licensure as a cosmetologist, he or she may practice in the
1346time between passing the examination and receiving a physical
1347copy of his or her license if he or she practices under the
1348supervision of a licensed cosmetologist in a licensed salon. An
1349applicant who fails any part of the examination may not practice
1350as a cosmetologist and may immediately apply for reexamination.
1351Following the completion of the first licensing examination and
1352pending the results of that examination and issuance of a
1353license to practice cosmetology, graduates of licensed
1354cosmetology schools or cosmetology programs offered in public
1355school systems, which schools or programs are certified by the
1356Department of Education, are eligible to practice cosmetology,
1357provided such graduates practice under the supervision of a
1358licensed cosmetologist in a licensed cosmetology salon. A
1359graduate who fails the first examination may continue to
1360practice under the supervision of a licensed cosmetologist in a
1361licensed cosmetology salon if the graduate applies for the next
1362available examination and until the graduate receives the
1363results of that examination. No graduate may continue to
1364practice under this subsection if the graduate fails the
1365examination twice.
1366     Section 28.  Subsection (6) of section 489.105, Florida
1367Statutes, is amended to read:
1368     489.105  Definitions.--As used in this part:
1369     (6)  "Contracting" means, except as exempted in this part,
1370engaging in business as a contractor and includes, but is not
1371limited to, performance of any of the acts as set forth in
1372subsection (3) which define types of contractors. The attempted
1373sale of contracting services and the negotiation or bid for a
1374contract on these services also constitutes contracting. If the
1375services offered require licensure or agent qualification, the
1376offering, negotiation for a bid, or attempted sale of these
1377services requires the corresponding licensure. However, the term
1378"contracting" shall not extend to an individual, partnership,
1379corporation, trust, or other legal entity that offers to sell or
1380sells completed residences on property on which the individual
1381or business entity has any legal or equitable interest, or to
1382the individual or business entity that offers to sell or sells
1383manufactured or factory-built buildings that will be completed
1384on site on property on which either party to a contract has any
1385legal or equitable interest, if the services of a qualified
1386contractor certified or registered pursuant to the requirements
1387of this chapter have been or will be retained for the purpose of
1388constructing or completing such residences.
1389     Section 29.  Section 489.511, Florida Statutes, is amended
1390to read:
1391     489.511  Certification; application; examinations;
1392endorsement.--
1393     (1)(a)  Any person who is at least 18 years of age may take
1394the certification examination.
1395     (b)  Any person desiring to be certified as a contractor
1396shall apply to the department in writing and must meet the
1397following criteria: to take the certification examination.
1398     (2)(a)  A person shall be entitled to take the
1399certification examination for the purpose of determining whether
1400he or she is qualified to engage in contracting throughout the
1401state as a contractor if the person:
1402     1.  Is at least 18 years of age;
1403     1.2.  Be Is of good moral character;
1404     2.  Pass the certification examination, achieving a passing
1405grade as established by board rule; and
1406     3.  Meet Meets eligibility requirements according to one of
1407the following criteria:
1408     a.  Has, within the 6 years immediately preceding the
1409filing of the application, at least 3 years' proven management
1410experience in the trade or education equivalent thereto, or a
1411combination thereof, but not more than one-half of such
1412experience may be educational equivalent;
1413     b.  Has, within the 8 years immediately preceding the
1414filing of the application, at least 4 years' experience as a
1415supervisor or contractor in the trade for which he or she is
1416making application;
1417     c.  Has, within the 12 years immediately preceding the
1418filing of the application, at least 6 years of comprehensive
1419training, technical education, or supervisory experience
1420associated with an electrical or alarm system contracting
1421business, or at least 6 years of technical experience in
1422electrical or alarm system work with the Armed Forces or a
1423governmental entity;
1424     d.  Has, within the 12 years immediately preceding the
1425filing of the application, been licensed for 3 years as a
1426professional engineer who is qualified by education, training,
1427or experience to practice electrical engineering; or
1428     e.  Has any combination of qualifications under sub-
1429subparagraphs a.-c. totaling 6 years of experience.
1430     (c)(b)  For purposes of this subsection, "supervisor" means
1431a person having the experience gained while having the general
1432duty of overseeing the technical duties of the trade, provided
1433that such experience is gained by a person who is able to
1434perform the technical duties of the trade without supervision.
1435     (d)(c)  For purposes of this subsection, at least 40
1436percent of the work experience for an alarm system contractor I
1437must be in the types of fire alarm systems typically used in a
1438commercial setting.
1439     (2)(3)  The board may determine by rule the number of times
1440per year the applicant may take the examination and after three
1441unsuccessful attempts may On or after October 1, 1998, every
1442applicant who is qualified shall be allowed to take the
1443examination three times, notwithstanding the number of times the
1444applicant has previously failed the examination. If an applicant
1445fails the examination three times after October 1, 1998, the
1446board shall require the applicant to complete additional
1447college-level or technical education courses in the areas of
1448deficiency, as determined by the board, as a condition of future
1449eligibility to take the examination. The applicant must also
1450submit a new application that meets all certification
1451requirements at the time of its submission and must pay all
1452appropriate fees.
1453     (3)(4)(a)  "Good moral character" means a personal history
1454of honesty, fairness, and respect for the rights of others and
1455for laws of this state and nation.
1456     (b)  The board may determine that an individual applying
1457for certification is ineligible to take the examination for
1458failure to satisfy the requirement of good moral character only
1459if:
1460     1.  There is a substantial connection between the lack of
1461good moral character of the individual and the professional
1462responsibilities of a certified contractor; and
1463     2.  The finding by the board of lack of good moral
1464character is supported by clear and convincing evidence.
1465     (c)  When an individual is found to be unqualified for
1466certification examination because of a lack of good moral
1467character, the board shall furnish such individual a statement
1468containing the findings of the board, a complete record of the
1469evidence upon which the determination was based, and a notice of
1470the rights of the individual to a rehearing and appeal.
1471     (4)(5)  The board shall, by rule, designate those types of
1472specialty electrical or alarm system contractors who may be
1473certified under this part. The limit of the scope of work and
1474responsibility of a certified specialty contractor shall be
1475established by board rule. A certified specialty contractor
1476category exists as an optional statewide licensing category.
1477Qualification for certification in a specialty category created
1478by rule shall be the same as set forth in paragraph (1)(b)
1479(2)(a). The existence of a specialty category created by rule
1480does not itself create any licensing requirement; however,
1481neither does its optional nature remove any licensure
1482requirement established elsewhere in this part.
1483     (5)(6)  The board shall certify as qualified for
1484certification by endorsement any individual applying for
1485certification who:
1486     (a)  Meets the requirements for certification as set forth
1487in this section; has passed a national, regional, state, or
1488United States territorial licensing examination that is
1489substantially equivalent to the examination required by this
1490part; and has satisfied the requirements set forth in s.
1491489.521; or
1492     (b)  Holds a valid license to practice electrical or alarm
1493system contracting issued by another state or territory of the
1494United States, if the criteria for issuance of such license was
1495substantially equivalent to the certification criteria that
1496existed in this state at the time the certificate was issued.
1497     (6)(7)  Upon the issuance of a certificate, any previously
1498issued registered licenses for the classification in which the
1499certification is issued are rendered void.
1500     Section 30.  Paragraph (b) of subsection (1) of section
1501489.515, Florida Statutes, is amended to read:
1502     489.515  Issuance of certificates; registrations.--
1503     (1)
1504     (b)  The board shall certify as qualified for certification
1505any person who satisfies the requirements of s. 489.511, who
1506successfully passes the certification examination administered
1507by the department, achieving a passing grade as established by
1508board rule, and who submits satisfactory evidence that he or she
1509has obtained both workers' compensation insurance or an
1510acceptable exemption certificate issued by the department and
1511public liability and property damage insurance for the health,
1512safety, and welfare of the public in amounts determined by rule
1513of the board, and furnishes evidence of financial
1514responsibility, credit, and business reputation of either
1515himself or herself or the business organization he or she
1516desires to qualify.
1517     Section 31.  Section 494.008, Florida Statutes, is amended
1518to read:
1519     494.008  Mortgages offered by land developers licensed
1520pursuant to the Florida Uniform Land Sales Practices Law;
1521requirements; prohibitions.--No mortgage loan which has a face
1522amount of $35,000 or less and is secured by vacant land
1523registered under the Florida Uniform Land Sales Practices Law,
1524chapter 498, shall be sold to a mortgagee, except a financial
1525institution, by any person unless all of the following
1526requirements are met:
1527     (1)  Each mortgage securing a note or other obligation sold
1528or offered for sale shall be eligible for a recordation as a
1529first mortgage.
1530     (2)  Each mortgage negotiated pursuant to this section must
1531include a mortgagee's title insurance policy or an opinion of
1532title, from an attorney who is licensed to practice law in this
1533state, on each parcel of land which is described in the
1534mortgage. The policy or opinion shall reflect that there are no
1535other mortgages on the property. A notice stating the priority
1536of the mortgage shall be placed on the face of each mortgage in
1537an amount over $35,000 issued pursuant to this section.
1538     (3)  Contracts to purchase a mortgage loan shall contain,
1539immediately above the purchaser's signature line, the statement
1540in 10-point boldfaced type: "This mortgage is secured by vacant
1541land subject to development at a future time." This statement
1542shall also be typed or printed in 10-point type on the face of
1543the note and mortgage sold.
1544     (4)  The most recent assessment for tax purposes made by
1545the county property appraiser of each parcel of land described
1546in the mortgage shall be furnished to each mortgagee.
1547     (5)  The mortgage broker shall record or cause to be
1548recorded all mortgages or other similar documents prior to
1549delivery of the note and mortgage to the mortgagee.
1550     (6)  All funds received by the mortgage broker pursuant to
1551this section shall promptly be deposited in the broker's trust
1552account where they shall remain until the note and mortgage are
1553fully executed and recorded.
1554     (7)  Willful failure to comply with any of the above
1555provisions shall subject the person to the penalties of s.
1556494.05.
1557     Section 32.  Section 498.009, Florida Statutes, is
1558renumbered as section 718.50152, Florida Statutes.
1559     Section 33.  Section 498.011, Florida Statutes, is
1560renumbered as section 718.50153, Florida Statutes, and amended
1561to read:
1562     718.50153 498.011  Payment of per diem, mileage, and other
1563expenses to division employees.--The amount of per diem and
1564mileage and expense money paid to employees shall be as provided
1565in s. 112.061, except that the division shall establish by rule
1566the standards for reimbursement of actual verified expenses
1567incurred in connection with an on-site review inspection or
1568investigation of subdivided lands.
1569     Section 34.  Section 498.013, Florida Statutes, is
1570renumbered as section 718.50154, Florida Statutes.
1571     Section 35.  Section 498.057, Florida Statutes, is
1572renumbered as section 718.50155, Florida Statutes, and amended,
1573to read:
1574     718.50155 498.057  Service of process.--
1575     (1)  In addition to the methods of service provided for in
1576the Florida Rules of Civil Procedure and the Florida Statutes,
1577service may be made and by delivering a copy of the process to
1578the director of the division, which shall be binding upon the
1579defendant or respondent if:
1580     (a)  The division plaintiff, which is acting as the
1581petitioner or plaintiff may be the division, immediately sends a
1582copy of the process and of the pleading by certified mail to the
1583defendant or respondent at his or her last known address;, and
1584     (b)  The division plaintiff files an affidavit of
1585compliance with this section on or before the return date of the
1586process or within the time set by the court.
1587     (2)  If any person, including any nonresident of this
1588state, allegedly engages in conduct prohibited by this chapter,
1589or any rule or order of the division, and has not filed a
1590consent to service of process, and personal jurisdiction over
1591him or her cannot otherwise be obtained in this state, the
1592director shall be authorized to receive service of process in
1593any noncriminal proceeding against that person or his or her
1594successor which grows out of the conduct and which is brought by
1595the division under this chapter or any rule or order of the
1596division. The process shall have the same force and validity as
1597if personally served. Notice shall be given as provided in
1598subsection (1).
1599     Section 36.  Sections 498.001, 498.003, 498.005, 498.007,
1600498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1601498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1602498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1603and 498.063, Florida Statutes, are repealed.
1604     Section 37.  Section 509.512, Florida Statutes, is amended
1605to read:
1606     509.512  Timeshare plan developer and exchange company
1607exemption.--Sections 509.501-509.511 do not apply to a developer
1608of a timeshare plan or an exchange company approved by the
1609Division of Florida Land Sales, Condominiums, Timeshares, and
1610Mobile Homes pursuant to chapter 721, but only to the extent
1611that the developer or exchange company engages in conduct
1612regulated under chapter 721.
1613     Section 38.  Subsection (2) of section 517.301, Florida
1614Statutes, is amended to read:
1615     517.301  Fraudulent transactions; falsification or
1616concealment of facts.--
1617     (2)  For purposes of ss. 517.311 and 517.312 and this
1618section, the term "investment" means any commitment of money or
1619property principally induced by a representation that an
1620economic benefit may be derived from such commitment, except
1621that the term "investment" does not include a commitment of
1622money or property for:
1623     (a)  The purchase of a business opportunity, business
1624enterprise, or real property through a person licensed under
1625chapter 475 or registered under former chapter 498; or
1626     (b)  The purchase of tangible personal property through a
1627person not engaged in telephone solicitation, where said
1628property is offered and sold in accordance with the following
1629conditions:
1630     1.  There are no specific representations or guarantees
1631made by the offeror or seller as to the economic benefit to be
1632derived from the purchase;
1633     2.  The tangible property is delivered to the purchaser
1634within 30 days after sale, except that such 30-day period may be
1635extended by the office if market conditions so warrant; and
1636     3.  The seller has offered the purchaser a full refund
1637policy in writing, exercisable by the purchaser within 10 days
1638of the date of delivery of such tangible personal property,
1639except that the amount of such refund may not in no event shall
1640exceed the bid price in effect at the time the property is
1641returned to the seller. If the applicable sellers' market is
1642closed at the time the property is returned to the seller for a
1643refund, the amount of such refund shall be based on the bid
1644price for such property at the next opening of such market.
1645     Section 39.  Subsection (4) of section 548.0065, Florida
1646Statutes, is amended to read:
1647     548.0065  Amateur matches; sanctioning and supervision;
1648health and safety standards; compliance checks; continuation,
1649suspension, and revocation of sanctioning approval.--
1650     (4)  Any member of the commission or the executive director
1651of the commission may suspend the approval of an amateur
1652sanctioning organization for failure to supervise amateur
1653matches or to enforce the approved health and safety standards
1654required under this chapter, provided that the suspension
1655complies with the procedures for summary suspensions in s.
1656120.60(6). At any amateur boxing, or kickboxing, or mixed
1657martial arts contest, any member of the commission or a
1658representative of the commission may immediately suspend one or
1659more matches in an event whenever it appears that the match or
1660matches violate the health and safety standards established by
1661rule as required by this chapter. A law enforcement officer may
1662assist any member of the commission or a representative of the
1663commission to enforce an order to stop a contest if called upon
1664to do so by a member of the commission or a representative of
1665the commission.
1666     Section 40.  Subsections (2), (3), and (4) of section
1667548.008, Florida Statutes, are amended to read:
1668     548.008  Prohibited competitions.--
1669     (2)  No amateur mixed martial arts match may be held in
1670this state.
1671     (2)(3)  No professional match may be held in this state
1672unless it meets the requirements for holding the match as
1673provided in this chapter and the rules adopted by the
1674commission.
1675     (3)(4)(a)  Any person participating in a match prohibited
1676under this section, knowing the match to be prohibited, commits
1677a misdemeanor of the second degree, punishable as provided in s.
1678775.082 or s. 775.083.
1679     (b)  Any person holding, promoting, or sponsoring a match
1680prohibited under this section commits a felony of the third
1681degree, punishable as provided in s. 775.082, s. 775.083, or s.
1682775.084.
1683     Section 41.  Subsection (1) of section 548.041, Florida
1684Statutes, is amended to read:
1685     548.041  Age, condition, and suspension of participants.--
1686     (1)  A person may shall not be licensed as a participant,
1687and the license of a any participant shall be suspended or
1688revoked, if such person:
1689     (a)  Is under the age of 18;
1690     (b)  Has participated in a match in this state which was
1691not sanctioned by the commission or by a Native American
1692commission properly constituted under federal law; or
1693     (c)  Does not meet certain health and medical examination
1694conditions as required by rule of the commission;.
1695     (d)  Has not competed in a minimum number of amateur boxing
1696events as determined by commission rule prior to licensure; or
1697     (e)  Has not participated in a minimum number of amateur
1698mixed martial arts events as determined by commission rule prior
1699to licensure.
1700     Section 42.  Subsection (1) of section 559.935, Florida
1701Statutes, is amended to read:
1702     559.935  Exemptions.--
1703     (1)  This part does not apply to:
1704     (a)  A bona fide employee of a seller of travel who is
1705engaged solely in the business of her or his employer;
1706     (b)  Any direct common carrier of passengers or property
1707regulated by an agency of the Federal Government or employees of
1708such carrier when engaged solely in the transportation business
1709of the carrier as identified in the carrier's certificate;
1710     (c)  An intrastate common carrier of passengers or property
1711selling only transportation as defined in the applicable state
1712or local registration or certification, or employees of such
1713carrier when engaged solely in the transportation business of
1714the carrier;
1715     (d)  Hotels, motels, or other places of public
1716accommodation selling public accommodations, or employees of
1717such hotels, motels, or other places of public accommodation,
1718when engaged solely in making arrangements for lodging,
1719accommodations, or sightseeing tours within the state, or taking
1720reservations for the traveler with times, dates, locations, and
1721accommodations certain at the time the reservations are made,
1722provided that hotels and motels registered with the Department
1723of Business and Professional Regulation pursuant to chapter 509
1724are excluded from the provisions of this chapter;
1725     (e)  Persons involved solely in the rental, leasing, or
1726sale of residential property;
1727     (f)  Persons involved solely in the rental, leasing, or
1728sale of transportation vehicles;
1729     (g)  Persons who make travel arrangements for themselves;
1730for their employees or agents; for distributors, franchisees, or
1731dealers of the persons' products or services; for entities which
1732are financially related to the persons; or for the employees or
1733agents of the distributor, franchisee, or dealer or financially
1734related entity;
1735     (h)  A developer of a timeshare plan or an exchange company
1736approved by the Division of Florida Land Sales, Condominiums,
1737Timeshares, and Mobile Homes pursuant to chapter 721, but only
1738to the extent that the developer or exchange company engages in
1739conduct regulated under chapter 721; or
1740     (i)  Persons or entities engaged solely in offering diving
1741services, including classes and sales or rentals of equipment,
1742when engaged in making any prearranged travel-related or
1743tourist-related services in conjunction with a primarily dive-
1744related event.
1745     Section 43.  Subsection (17) of section 718.103, Florida
1746Statutes, is amended to read:
1747     718.103  Definitions.--As used in this chapter, the term:
1748     (17)  "Division" means the Division of Florida Land Sales,
1749Condominiums, Timeshares, and Mobile Homes of the Department of
1750Business and Professional Regulation.
1751     Section 44.  Paragraph (c) of subsection (4) of section
1752718.105, Florida Statutes, is amended to read:
1753     718.105  Recording of declaration.--
1754     (4)
1755     (c)  If the sum of money held by the clerk has not been
1756paid to the developer or association as provided in paragraph
1757(b) within by 3 years after the date the declaration was
1758originally recorded, the clerk in his or her discretion may
1759notify, in writing, the registered agent of the association that
1760the sum is still available and the purpose for which it was
1761deposited. If the association does not record the certificate
1762within 90 days after the clerk has given the notice, the clerk
1763may disburse the money to the developer. If the developer cannot
1764be located, the clerk shall disburse the money to the Division
1765of Florida Land Sales, Condominiums, Timeshares, and Mobile
1766Homes for deposit in the Division of Florida Land Sales,
1767Condominiums, Timeshares, and Mobile Homes Trust Fund.
1768     Section 45.  Subsection (4) of section 718.1255, Florida
1769Statutes, is amended to read:
1770     718.1255  Alternative dispute resolution; voluntary
1771mediation; mandatory nonbinding arbitration; legislative
1772findings.--
1773     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1774DISPUTES.--The Division of Florida Land Sales, Condominiums,
1775Timeshares, and Mobile Homes of the Department of Business and
1776Professional Regulation shall employ full-time attorneys to act
1777as arbitrators to conduct the arbitration hearings provided by
1778this chapter. The division may also certify attorneys who are
1779not employed by the division to act as arbitrators to conduct
1780the arbitration hearings provided by this section. No person may
1781be employed by the department as a full-time arbitrator unless
1782he or she is a member in good standing of The Florida Bar. The
1783department shall adopt promulgate rules of procedure to govern
1784such arbitration hearings including mediation incident thereto.
1785The decision of an arbitrator shall be final; however, such a
1786decision shall not be deemed final agency action. Nothing in
1787this provision shall be construed to foreclose parties from
1788proceeding in a trial de novo unless the parties have agreed
1789that the arbitration is binding. If such judicial proceedings
1790are initiated, the final decision of the arbitrator shall be
1791admissible in evidence in the trial de novo.
1792     (a)  Prior to the institution of court litigation, a party
1793to a dispute shall petition the division for nonbinding
1794arbitration. The petition must be accompanied by a filing fee in
1795the amount of $50. Filing fees collected under this section must
1796be used to defray the expenses of the alternative dispute
1797resolution program.
1798     (b)  The petition must recite, and have attached thereto,
1799supporting proof that the petitioner gave the respondents:
1800     1.  Advance written notice of the specific nature of the
1801dispute;
1802     2.  A demand for relief, and a reasonable opportunity to
1803comply or to provide the relief; and
1804     3.  Notice of the intention to file an arbitration petition
1805or other legal action in the absence of a resolution of the
1806dispute.
1807
1808Failure to include the allegations or proof of compliance with
1809these prerequisites requires dismissal of the petition without
1810prejudice.
1811     (c)  Upon receipt, the petition shall be promptly reviewed
1812by the division to determine the existence of a dispute and
1813compliance with the requirements of paragraphs (a) and (b). If
1814emergency relief is required and is not available through
1815arbitration, a motion to stay the arbitration may be filed. The
1816motion must be accompanied by a verified petition alleging facts
1817that, if proven, would support entry of a temporary injunction,
1818and if an appropriate motion and supporting papers are filed,
1819the division may abate the arbitration pending a court hearing
1820and disposition of a motion for temporary injunction.
1821     (d)  Upon determination by the division that a dispute
1822exists and that the petition substantially meets the
1823requirements of paragraphs (a) and (b) and any other applicable
1824rules, a copy of the petition shall forthwith be served by the
1825division upon all respondents.
1826     (e)  Either Before or after the filing of the respondents'
1827answer to the petition, any party may request that the
1828arbitrator refer the case to mediation under this section and
1829any rules adopted by the division. Upon receipt of a request for
1830mediation, the division shall promptly contact the parties to
1831determine if there is agreement that mediation would be
1832appropriate. If all parties agree, the dispute must be referred
1833to mediation. Notwithstanding a lack of an agreement by all
1834parties, the arbitrator may refer a dispute to mediation at any
1835time.
1836     (f)  Upon referral of a case to mediation, the parties must
1837select a mutually acceptable mediator. To assist in the
1838selection, the arbitrator shall provide the parties with a list
1839of both volunteer and paid mediators that have been certified by
1840the division under s. 718.501. If the parties are unable to
1841agree on a mediator within the time allowed by the arbitrator,
1842the arbitrator shall appoint a mediator from the list of
1843certified mediators. If a case is referred to mediation, the
1844parties shall attend a mediation conference, as scheduled by the
1845parties and the mediator. If any party fails to attend a duly
1846noticed mediation conference, without the permission or approval
1847of the arbitrator or mediator, the arbitrator must impose
1848sanctions against the party, including the striking of any
1849pleadings filed, the entry of an order of dismissal or default
1850if appropriate, and the award of costs and attorneys' fees
1851incurred by the other parties. Unless otherwise agreed to by the
1852parties or as provided by order of the arbitrator, a party is
1853deemed to have appeared at a mediation conference by the
1854physical presence of the party or its representative having full
1855authority to settle without further consultation, provided that
1856an association may comply by having one or more representatives
1857present with full authority to negotiate a settlement and
1858recommend that the board of administration ratify and approve
1859such a settlement within 5 days from the date of the mediation
1860conference. The parties shall share equally the expense of
1861mediation, unless they agree otherwise.
1862     (g)  The purpose of mediation as provided for by this
1863section is to present the parties with an opportunity to resolve
1864the underlying dispute in good faith, and with a minimum
1865expenditure of time and resources.
1866     (h)  Mediation proceedings must generally be conducted in
1867accordance with the Florida Rules of Civil Procedure, and these
1868proceedings are privileged and confidential to the same extent
1869as court-ordered mediation. Persons who are not parties to the
1870dispute are not allowed to attend the mediation conference
1871without the consent of all parties, with the exception of
1872counsel for the parties and corporate representatives designated
1873to appear for a party. If the mediator declares an impasse after
1874a mediation conference has been held, the arbitration proceeding
1875terminates, unless all parties agree in writing to continue the
1876arbitration proceeding, in which case the arbitrator's decision
1877shall be either binding or nonbinding, as agreed upon by the
1878parties; in the arbitration proceeding, the arbitrator shall not
1879consider any evidence relating to the unsuccessful mediation
1880except in a proceeding to impose sanctions for failure to appear
1881at the mediation conference. If the parties do not agree to
1882continue arbitration, the arbitrator shall enter an order of
1883dismissal, and either party may institute a suit in a court of
1884competent jurisdiction. The parties may seek to recover any
1885costs and attorneys' fees incurred in connection with
1886arbitration and mediation proceedings under this section as part
1887of the costs and fees that may be recovered by the prevailing
1888party in any subsequent litigation.
1889     (i)  Arbitration shall be conducted according to rules
1890adopted promulgated by the division. The filing of a petition
1891for arbitration shall toll the applicable statute of
1892limitations.
1893     (j)  At the request of any party to the arbitration, the
1894such arbitrator shall issue subpoenas for the attendance of
1895witnesses and the production of books, records, documents, and
1896other evidence and any party on whose behalf a subpoena is
1897issued may apply to the court for orders compelling such
1898attendance and production. Subpoenas shall be served and shall
1899be enforceable in the manner provided by the Florida Rules of
1900Civil Procedure. Discovery may, in the discretion of the
1901arbitrator, be permitted in the manner provided by the Florida
1902Rules of Civil Procedure. Rules adopted by the division may
1903authorize any reasonable sanctions except contempt for a
1904violation of the arbitration procedural rules of the division or
1905for the failure of a party to comply with a reasonable nonfinal
1906order issued by an arbitrator which is not under judicial
1907review.
1908     (k)  The arbitration decision shall be presented to the
1909parties in writing. An arbitration decision is final in those
1910disputes in which the parties have agreed to be bound. An
1911arbitration decision is also final if a complaint for a trial de
1912novo is not filed in a court of competent jurisdiction in which
1913the condominium is located within 30 days. The right to file for
1914a trial de novo entitles the parties to file a complaint in the
1915appropriate trial court for a judicial resolution of the
1916dispute. The prevailing party in an arbitration proceeding shall
1917be awarded the costs of the arbitration and reasonable
1918attorney's fees in an amount determined by the arbitrator. Such
1919an award shall include the costs and reasonable attorney's fees
1920incurred in the arbitration proceeding as well as the costs and
1921reasonable attorney's fees incurred in preparing for and
1922attending any scheduled mediation.
1923     (l)  The party who files a complaint for a trial de novo
1924shall be assessed the other party's arbitration costs, court
1925costs, and other reasonable costs, including attorney's fees,
1926investigation expenses, and expenses for expert or other
1927testimony or evidence incurred after the arbitration hearing if
1928the judgment upon the trial de novo is not more favorable than
1929the arbitration decision. If the judgment is more favorable, the
1930party who filed a complaint for trial de novo shall be awarded
1931reasonable court costs and attorney's fees.
1932     (m)  Any party to an arbitration proceeding may enforce an
1933arbitration award by filing a petition in a court of competent
1934jurisdiction in which the condominium is located. A petition may
1935not be granted unless the time for appeal by the filing of a
1936complaint for trial de novo has expired. If a complaint for a
1937trial de novo has been filed, a petition may not be granted with
1938respect to an arbitration award that has been stayed. If the
1939petition for enforcement is granted, the petitioner shall
1940recover reasonable attorney's fees and costs incurred in
1941enforcing the arbitration award. A mediation settlement may also
1942be enforced through the county or circuit court, as applicable,
1943and any costs and fees incurred in the enforcement of a
1944settlement agreement reached at mediation must be awarded to the
1945prevailing party in any enforcement action.
1946     Section 46.  Section 718.501, Florida Statutes, is amended
1947to read:
1948     718.501  Powers and duties of Division of Florida Land
1949Sales, Condominiums, Timeshares, and Mobile Homes.--
1950     (1)  The Division of Florida Land Sales, Condominiums,
1951Timeshares, and Mobile Homes of the Department of Business and
1952Professional Regulation, referred to as the "division" in this
1953part, in addition to other powers and duties prescribed by
1954chapter 498, has the power to enforce and ensure compliance with
1955the provisions of this chapter and rules promulgated pursuant
1956hereto relating to the development, construction, sale, lease,
1957ownership, operation, and management of residential condominium
1958units. In performing its duties, the division has the following
1959powers and duties:
1960     (a)1.  The division may make necessary public or private
1961investigations within or outside this state to determine whether
1962any person has violated this chapter or any rule or order
1963hereunder, to aid in the enforcement of this chapter, or to aid
1964in the adoption of rules or forms hereunder.
1965     2.  The division may submit any official written report,
1966worksheet, or other related paper, or a duly certified copy
1967thereof, compiled, prepared, drafted, or otherwise made by and
1968duly authenticated by a financial examiner or analyst to be
1969admitted as competent evidence in any hearing in which the
1970financial examiner or analyst is available for cross-examination
1971and attests under oath that such documents were prepared as a
1972result of an examination or inspection conducted pursuant to
1973this chapter.
1974     (b)  The division may require or permit any person to file
1975a statement in writing, under oath or otherwise, as the division
1976determines, as to the facts and circumstances concerning a
1977matter to be investigated.
1978     (c)  For the purpose of any investigation under this
1979chapter, the division director or any officer or employee
1980designated by the division director may administer oaths or
1981affirmations, subpoena witnesses and compel their attendance,
1982take evidence, and require the production of any matter which is
1983relevant to the investigation, including the existence,
1984description, nature, custody, condition, and location of any
1985books, documents, or other tangible things and the identity and
1986location of persons having knowledge of relevant facts or any
1987other matter reasonably calculated to lead to the discovery of
1988material evidence. Upon the failure by a person to obey a
1989subpoena or to answer questions propounded by the investigating
1990officer and upon reasonable notice to all persons affected
1991thereby, the division may apply to the circuit court for an
1992order compelling compliance.
1993     (d)  Notwithstanding any remedies available to unit owners
1994and associations, if the division has reasonable cause to
1995believe that a violation of any provision of this chapter or
1996related rule promulgated pursuant hereto has occurred, the
1997division may institute enforcement proceedings in its own name
1998against any developer, association, officer, or member of the
1999board of administration, or its assignees or agents, as follows:
2000     1.  The division may permit a person whose conduct or
2001actions may be under investigation to waive formal proceedings
2002and enter into a consent proceeding whereby orders, rules, or
2003letters of censure or warning, whether formal or informal, may
2004be entered against the person.
2005     2.  The division may issue an order requiring the
2006developer, association, officer, or member of the board of
2007administration, or its assignees or agents, to cease and desist
2008from the unlawful practice and take such affirmative action as
2009in the judgment of the division will carry out the purposes of
2010this chapter. Such affirmative action may include, but is not
2011limited to, an order requiring a developer to pay moneys
2012determined to be owed to a condominium association. If the
2013division finds that a developer, association, officer, or member
2014of the board of administration, or its assignees or agents, is
2015violating or is about to violate any provision of this chapter,
2016any rule adopted or order issued by the division, or any written
2017agreement entered into with the division, and presents an
2018immediate danger to the public requiring an immediate final
2019order, it may issue an emergency cease and desist order reciting
2020with particularity the facts underlying such findings. The
2021emergency cease and desist order is effective for 90 days. If
2022the division begins nonemergency cease and desist proceedings,
2023the emergency cease and desist order remains effective until the
2024conclusion of the proceedings under ss. 120.569 and 120.57.
2025     3.  The division may bring an action in circuit court on
2026behalf of a class of unit owners, lessees, or purchasers for
2027declaratory relief, injunctive relief, or restitution.
2028     4.  The division may petition the court for the appointment
2029of a receiver or conservator. If appointed, the receiver or
2030conservator may take action to implement the court order to
2031ensure the performance of the order and to remedy any breach
2032thereof. In addition to all other means provided by law for the
2033enforcement of an injunction or temporary restraining order, the
2034circuit court may impound or sequester the property of a party
2035defendant, including books, papers, documents, and related
2036records, and allow the examination and use of the property by
2037the division and a court-appointed receiver or conservator.
2038     5.  The division may apply to the circuit court for an
2039order of restitution whereby the defendant in an action brought
2040pursuant to subparagraph 4. shall be ordered to make restitution
2041of those sums shown by the division to have been obtained by the
2042defendant in violation of this chapter. Such restitution shall,
2043at the option of the court, be payable to the conservator or
2044receiver appointed pursuant to subparagraph 4. or directly to
2045the persons whose funds or assets were obtained in violation of
2046this chapter.
2047     6.4.  The division may impose a civil penalty against a
2048developer or association, or its assignee or agent, for any
2049violation of this chapter or a rule adopted under this chapter
2050promulgated pursuant hereto. The division may impose a civil
2051penalty individually against any officer or board member who
2052willfully and knowingly violates a provision of this chapter,
2053adopted a rule adopted pursuant hereto, or a final order of the
2054division. The term "willfully and knowingly" means that the
2055division informed the officer or board member that his or her
2056action or intended action violates this chapter, a rule adopted
2057under this chapter, or a final order of the division and that
2058the officer or board member refused to comply with the
2059requirements of this chapter, a rule adopted under this chapter,
2060or a final order of the division. The division, prior to
2061initiating formal agency action under chapter 120, shall afford
2062the officer or board member an opportunity to voluntarily comply
2063with this chapter, a rule adopted under this chapter, or a final
2064order of the division. An officer or board member who complies
2065within 10 days is not subject to a civil penalty. A penalty may
2066be imposed on the basis of each day of continuing violation, but
2067in no event shall the penalty for any offense exceed $5,000. By
2068January 1, 1998, the division shall adopt, by rule, penalty
2069guidelines applicable to possible violations or to categories of
2070violations of this chapter or rules adopted by the division. The
2071guidelines must specify a meaningful range of civil penalties
2072for each such violation of the statute and rules and must be
2073based upon the harm caused by the violation, the repetition of
2074the violation, and upon such other factors deemed relevant by
2075the division. For example, the division may consider whether the
2076violations were committed by a developer or owner-controlled
2077association, the size of the association, and other factors. The
2078guidelines must designate the possible mitigating or aggravating
2079circumstances that justify a departure from the range of
2080penalties provided by the rules. It is the legislative intent
2081that minor violations be distinguished from those which endanger
2082the health, safety, or welfare of the condominium residents or
2083other persons and that such guidelines provide reasonable and
2084meaningful notice to the public of likely penalties that may be
2085imposed for proscribed conduct. This subsection does not limit
2086the ability of the division to informally dispose of
2087administrative actions or complaints by stipulation, agreed
2088settlement, or consent order. All amounts collected shall be
2089deposited with the Chief Financial Officer to the credit of the
2090Division of Florida Land Sales, Condominiums, Timeshares, and
2091Mobile Homes Trust Fund. If a developer fails to pay the civil
2092penalty, the division shall thereupon issue an order directing
2093that such developer cease and desist from further operation
2094until such time as the civil penalty is paid or may pursue
2095enforcement of the penalty in a court of competent jurisdiction.
2096If an association fails to pay the civil penalty, the division
2097shall thereupon pursue enforcement in a court of competent
2098jurisdiction, and the order imposing the civil penalty or the
2099cease and desist order will not become effective until 20 days
2100after the date of such order. Any action commenced by the
2101division shall be brought in the county in which the division
2102has its executive offices or in the county where the violation
2103occurred.
2104     7.  In addition to subparagraph 6., the division may seek
2105the imposition of a civil penalty through the circuit court for
2106any violation for which the division may issue a notice to show
2107cause under paragraph (q). The civil penalty shall be at least
2108$500 but no more than $5,000 for each violation. The court may
2109also award to the prevailing party court costs and reasonable
2110attorney's fees and, if the division prevails, may also award
2111reasonable costs of investigation.
2112     (e)  The division may is authorized to prepare and
2113disseminate a prospectus and other information to assist
2114prospective owners, purchasers, lessees, and developers of
2115residential condominiums in assessing the rights, privileges,
2116and duties pertaining thereto.
2117     (f)  The division has authority to adopt rules pursuant to
2118ss. 120.536(1) and 120.54 to implement and enforce the
2119provisions of this chapter.
2120     (g)  The division shall establish procedures for providing
2121notice to an association when the division is considering the
2122issuance of a declaratory statement with respect to the
2123declaration of condominium or any related document governing in
2124such condominium community.
2125     (h)  The division shall furnish each association which pays
2126the fees required by paragraph (2)(a) a copy of this act,
2127subsequent changes to this act on an annual basis, an amended
2128version of this act as it becomes available from the Secretary
2129of State's office on a biennial basis, and the rules adopted
2130promulgated pursuant thereto on an annual basis.
2131     (i)  The division shall annually provide each association
2132with a summary of declaratory statements and formal legal
2133opinions relating to the operations of condominiums which were
2134rendered by the division during the previous year.
2135     (j)  The division shall provide training programs for
2136condominium association board members and unit owners.
2137     (k)  The division shall maintain a toll-free telephone
2138number accessible to condominium unit owners.
2139     (l)  The division shall develop a program to certify both
2140volunteer and paid mediators to provide mediation of condominium
2141disputes. The division shall provide, upon request, a list of
2142such mediators to any association, unit owner, or other
2143participant in arbitration proceedings under s. 718.1255
2144requesting a copy of the list. The division shall include on the
2145list of volunteer mediators only the names of persons who have
2146received at least 20 hours of training in mediation techniques
2147or who have mediated at least 20 disputes. In order to become
2148initially certified by the division, paid mediators must be
2149certified by the Supreme Court to mediate court cases in either
2150county or circuit courts. However, the division may adopt, by
2151rule, additional factors for the certification of paid
2152mediators, which factors must be related to experience,
2153education, or background. Any person initially certified as a
2154paid mediator by the division must, in order to continue to be
2155certified, comply with the factors or requirements imposed by
2156rules adopted by the division.
2157     (m)  When a complaint is made, the division shall conduct
2158its inquiry with due regard to the interests of the affected
2159parties. Within 30 days after receipt of a complaint, the
2160division shall acknowledge the complaint in writing and notify
2161the complainant whether the complaint is within the jurisdiction
2162of the division and whether additional information is needed by
2163the division from the complainant. The division shall conduct
2164its investigation and shall, within 90 days after receipt of the
2165original complaint or of timely requested additional
2166information, take action upon the complaint. However, the
2167failure to complete the investigation within 90 days does not
2168prevent the division from continuing the investigation,
2169accepting or considering evidence obtained or received after 90
2170days, or taking administrative action if reasonable cause exists
2171to believe that a violation of this chapter or a rule of the
2172division has occurred. If an investigation is not completed
2173within the time limits established in this paragraph, the
2174division shall, on a monthly basis, notify the complainant in
2175writing of the status of the investigation. When reporting its
2176action to the complainant, the division shall inform the
2177complainant of any right to a hearing pursuant to ss. 120.569
2178and 120.57.
2179     (n)  The division may:
2180     1.  Contract with agencies in this state or other
2181jurisdictions to perform investigative functions; or
2182     2.  Accept grants-in-aid from any source.
2183     (o)  The division shall cooperate with similar agencies in
2184other jurisdictions to establish uniform filing procedures and
2185forms, public offering statements, advertising standards, and
2186rules and common administrative practices.
2187     (p)  The division shall consider notice to a developer to
2188be complete when it is delivered to the developer's address
2189currently on file with the division.
2190     (q)  In addition to its enforcement authority, the division
2191may issue a notice to show cause, which shall provide for a
2192hearing, upon written request, in accordance with chapter 120.
2193     (2)(a)  Effective January 1, 1992, Each condominium
2194association which operates more than two units shall pay to the
2195division an annual fee in the amount of $4 for each residential
2196unit in condominiums operated by the association. If the fee is
2197not paid by March 1, then the association shall be assessed a
2198penalty of 10 percent of the amount due, and the association
2199will not have standing to maintain or defend any action in the
2200courts of this state until the amount due, plus any penalty, is
2201paid.
2202     (b)  All fees shall be deposited in the Division of Florida
2203Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2204Fund as provided by law.
2205     Section 47.  Subsection (1) of section 718.5011, Florida
2206Statutes, is amended to read:
2207     718.5011  Ombudsman; appointment; administration.--
2208     (1)  There is created an Office of the Condominium
2209Ombudsman, to be located for administrative purposes within the
2210Division of Florida Land Sales, Condominiums, Timeshares, and
2211Mobile Homes. The functions of the office shall be funded by the
2212Division of Florida Land Sales, Condominiums, Timeshares, and
2213Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
2214of the division, and the office shall be set within the division
2215in the same manner as any other bureau is staffed and funded.
2216     Section 48.  Paragraph (a) of subsection (2) of section
2217718.502, Florida Statutes, is amended to read:
2218     718.502  Filing prior to sale or lease.--
2219     (2)(a)  Prior to filing as required by subsection (1), and
2220prior to acquiring an ownership, leasehold, or contractual
2221interest in the land upon which the condominium is to be
2222developed, a developer shall not offer a contract for purchase
2223of a unit or lease of a unit for more than 5 years. However, the
2224developer may accept deposits for reservations upon the approval
2225of a fully executed escrow agreement and reservation agreement
2226form properly filed with the Division of Florida Land Sales,
2227Condominiums, Timeshares, and Mobile Homes. Each filing of a
2228proposed reservation program shall be accompanied by a filing
2229fee of $250. Reservations shall not be taken on a proposed
2230condominium unless the developer has an ownership, leasehold, or
2231contractual interest in the land upon which the condominium is
2232to be developed. The division shall notify the developer within
223320 days of receipt of the reservation filing of any deficiencies
2234contained therein. Such notification shall not preclude the
2235determination of reservation filing deficiencies at a later
2236date, nor shall it relieve the developer of any responsibility
2237under the law. The escrow agreement and the reservation
2238agreement form shall include a statement of the right of the
2239prospective purchaser to an immediate unqualified refund of the
2240reservation deposit moneys upon written request to the escrow
2241agent by the prospective purchaser or the developer.
2242     Section 49.  Section 718.504, Florida Statutes, is amended
2243to read:
2244     718.504  Prospectus or offering circular.--Every developer
2245of a residential condominium which contains more than 20
2246residential units, or which is part of a group of residential
2247condominiums which will be served by property to be used in
2248common by unit owners of more than 20 residential units, shall
2249prepare a prospectus or offering circular and file it with the
2250Division of Florida Land Sales, Condominiums, Timeshares, and
2251Mobile Homes prior to entering into an enforceable contract of
2252purchase and sale of any unit or lease of a unit for more than 5
2253years and shall furnish a copy of the prospectus or offering
2254circular to each buyer. In addition to the prospectus or
2255offering circular, each buyer shall be furnished a separate page
2256entitled "Frequently Asked Questions and Answers," which shall
2257be in accordance with a format approved by the division and a
2258copy of the financial information required by s. 718.111. This
2259page shall, in readable language, inform prospective purchasers
2260regarding their voting rights and unit use restrictions,
2261including restrictions on the leasing of a unit; shall indicate
2262whether and in what amount the unit owners or the association is
2263obligated to pay rent or land use fees for recreational or other
2264commonly used facilities; shall contain a statement identifying
2265that amount of assessment which, pursuant to the budget, would
2266be levied upon each unit type, exclusive of any special
2267assessments, and which shall further identify the basis upon
2268which assessments are levied, whether monthly, quarterly, or
2269otherwise; shall state and identify any court cases in which the
2270association is currently a party of record in which the
2271association may face liability in excess of $100,000; and which
2272shall further state whether membership in a recreational
2273facilities association is mandatory, and if so, shall identify
2274the fees currently charged per unit type. The division shall by
2275rule require such other disclosure as in its judgment will
2276assist prospective purchasers. The prospectus or offering
2277circular may include more than one condominium, although not all
2278such units are being offered for sale as of the date of the
2279prospectus or offering circular. The prospectus or offering
2280circular must contain the following information:
2281     (1)  The front cover or the first page must contain only:
2282     (a)  The name of the condominium.
2283     (b)  The following statements in conspicuous type:
2284     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2285MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2286     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2287NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2288ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2289MATERIALS.
2290     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2291STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2292PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2293REPRESENTATIONS.
2294     (2)  Summary: The next page must contain all statements
2295required to be in conspicuous type in the prospectus or offering
2296circular.
2297     (3)  A separate index of the contents and exhibits of the
2298prospectus.
2299     (4)  Beginning on the first page of the text (not including
2300the summary and index), a description of the condominium,
2301including, but not limited to, the following information:
2302     (a)  Its name and location.
2303     (b)  A description of the condominium property, including,
2304without limitation:
2305     1.  The number of buildings, the number of units in each
2306building, the number of bathrooms and bedrooms in each unit, and
2307the total number of units, if the condominium is not a phase
2308condominium, or the maximum number of buildings that may be
2309contained within the condominium, the minimum and maximum
2310numbers of units in each building, the minimum and maximum
2311numbers of bathrooms and bedrooms that may be contained in each
2312unit, and the maximum number of units that may be contained
2313within the condominium, if the condominium is a phase
2314condominium.
2315     2.  The page in the condominium documents where a copy of
2316the plot plan and survey of the condominium is located.
2317     3.  The estimated latest date of completion of
2318constructing, finishing, and equipping. In lieu of a date, the
2319description shall include a statement that the estimated date of
2320completion of the condominium is in the purchase agreement and a
2321reference to the article or paragraph containing that
2322information.
2323     (c)  The maximum number of units that will use facilities
2324in common with the condominium. If the maximum number of units
2325will vary, a description of the basis for variation and the
2326minimum amount of dollars per unit to be spent for additional
2327recreational facilities or enlargement of such facilities. If
2328the addition or enlargement of facilities will result in a
2329material increase of a unit owner's maintenance expense or
2330rental expense, if any, the maximum increase and limitations
2331thereon shall be stated.
2332     (5)(a)  A statement in conspicuous type describing whether
2333the condominium is created and being sold as fee simple
2334interests or as leasehold interests. If the condominium is
2335created or being sold on a leasehold, the location of the lease
2336in the disclosure materials shall be stated.
2337     (b)  If timeshare estates are or may be created with
2338respect to any unit in the condominium, a statement in
2339conspicuous type stating that timeshare estates are created and
2340being sold in units in the condominium.
2341     (6)  A description of the recreational and other commonly
2342used facilities that will be used only by unit owners of the
2343condominium, including, but not limited to, the following:
2344     (a)  Each room and its intended purposes, location,
2345approximate floor area, and capacity in numbers of people.
2346     (b)  Each swimming pool, as to its general location,
2347approximate size and depths, approximate deck size and capacity,
2348and whether heated.
2349     (c)  Additional facilities, as to the number of each
2350facility, its approximate location, approximate size, and
2351approximate capacity.
2352     (d)  A general description of the items of personal
2353property and the approximate number of each item of personal
2354property that the developer is committing to furnish for each
2355room or other facility or, in the alternative, a representation
2356as to the minimum amount of expenditure that will be made to
2357purchase the personal property for the facility.
2358     (e)  The estimated date when each room or other facility
2359will be available for use by the unit owners.
2360     (f)1.  An identification of each room or other facility to
2361be used by unit owners that will not be owned by the unit owners
2362or the association;
2363     2.  A reference to the location in the disclosure materials
2364of the lease or other agreements providing for the use of those
2365facilities; and
2366     3.  A description of the terms of the lease or other
2367agreements, including the length of the term; the rent payable,
2368directly or indirectly, by each unit owner, and the total rent
2369payable to the lessor, stated in monthly and annual amounts for
2370the entire term of the lease; and a description of any option to
2371purchase the property leased under any such lease, including the
2372time the option may be exercised, the purchase price or how it
2373is to be determined, the manner of payment, and whether the
2374option may be exercised for a unit owner's share or only as to
2375the entire leased property.
2376     (g)  A statement as to whether the developer may provide
2377additional facilities not described above; their general
2378locations and types; improvements or changes that may be made;
2379the approximate dollar amount to be expended; and the maximum
2380additional common expense or cost to the individual unit owners
2381that may be charged during the first annual period of operation
2382of the modified or added facilities.
2383
2384Descriptions as to locations, areas, capacities, numbers,
2385volumes, or sizes may be stated as approximations or minimums.
2386     (7)  A description of the recreational and other facilities
2387that will be used in common with other condominiums, community
2388associations, or planned developments which require the payment
2389of the maintenance and expenses of such facilities, either
2390directly or indirectly, by the unit owners. The description
2391shall include, but not be limited to, the following:
2392     (a)  Each building and facility committed to be built.
2393     (b)  Facilities not committed to be built except under
2394certain conditions, and a statement of those conditions or
2395contingencies.
2396     (c)  As to each facility committed to be built, or which
2397will be committed to be built upon the happening of one of the
2398conditions in paragraph (b), a statement of whether it will be
2399owned by the unit owners having the use thereof or by an
2400association or other entity which will be controlled by them, or
2401others, and the location in the exhibits of the lease or other
2402document providing for use of those facilities.
2403     (d)  The year in which each facility will be available for
2404use by the unit owners or, in the alternative, the maximum
2405number of unit owners in the project at the time each of all of
2406the facilities is committed to be completed.
2407     (e)  A general description of the items of personal
2408property, and the approximate number of each item of personal
2409property, that the developer is committing to furnish for each
2410room or other facility or, in the alternative, a representation
2411as to the minimum amount of expenditure that will be made to
2412purchase the personal property for the facility.
2413     (f)  If there are leases, a description thereof, including
2414the length of the term, the rent payable, and a description of
2415any option to purchase.
2416
2417Descriptions shall include location, areas, capacities, numbers,
2418volumes, or sizes and may be stated as approximations or
2419minimums.
2420     (8)  Recreation lease or associated club membership:
2421     (a)  If any recreational facilities or other facilities
2422offered by the developer and available to, or to be used by,
2423unit owners are to be leased or have club membership associated,
2424the following statement in conspicuous type shall be included:
2425THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2426CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2427CONDOMINIUM. There shall be a reference to the location in the
2428disclosure materials where the recreation lease or club
2429membership is described in detail.
2430     (b)  If it is mandatory that unit owners pay a fee, rent,
2431dues, or other charges under a recreational facilities lease or
2432club membership for the use of facilities, there shall be in
2433conspicuous type the applicable statement:
2434     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2435MANDATORY FOR UNIT OWNERS; or
2436     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2437TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2438     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2439COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2440REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2441LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2442     4.  A similar statement of the nature of the organization
2443or the manner in which the use rights are created, and that unit
2444owners are required to pay.
2445
2446Immediately following the applicable statement, the location in
2447the disclosure materials where the development is described in
2448detail shall be stated.
2449     (c)  If the developer, or any other person other than the
2450unit owners and other persons having use rights in the
2451facilities, reserves, or is entitled to receive, any rent, fee,
2452or other payment for the use of the facilities, then there shall
2453be the following statement in conspicuous type: THE UNIT OWNERS
2454OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2455RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2456following this statement, the location in the disclosure
2457materials where the rent or land use fees are described in
2458detail shall be stated.
2459     (d)  If, in any recreation format, whether leasehold, club,
2460or other, any person other than the association has the right to
2461a lien on the units to secure the payment of assessments, rent,
2462or other exactions, there shall appear a statement in
2463conspicuous type in substantially the following form:
2464     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2465SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2466RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2467PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2468     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2469SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2470FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2471OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2472THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2473
2474Immediately following the applicable statement, the location in
2475the disclosure materials where the lien or lien right is
2476described in detail shall be stated.
2477     (9)  If the developer or any other person has the right to
2478increase or add to the recreational facilities at any time after
2479the establishment of the condominium whose unit owners have use
2480rights therein, without the consent of the unit owners or
2481associations being required, there shall appear a statement in
2482conspicuous type in substantially the following form:
2483RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2484OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2485statement, the location in the disclosure materials where such
2486reserved rights are described shall be stated.
2487     (10)  A statement of whether the developer's plan includes
2488a program of leasing units rather than selling them, or leasing
2489units and selling them subject to such leases. If so, there
2490shall be a description of the plan, including the number and
2491identification of the units and the provisions and term of the
2492proposed leases, and a statement in boldfaced type that: THE
2493UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2494     (11)  The arrangements for management of the association
2495and maintenance and operation of the condominium property and of
2496other property that will serve the unit owners of the
2497condominium property, and a description of the management
2498contract and all other contracts for these purposes having a
2499term in excess of 1 year, including the following:
2500     (a)  The names of contracting parties.
2501     (b)  The term of the contract.
2502     (c)  The nature of the services included.
2503     (d)  The compensation, stated on a monthly and annual
2504basis, and provisions for increases in the compensation.
2505     (e)  A reference to the volumes and pages of the
2506condominium documents and of the exhibits containing copies of
2507such contracts.
2508
2509Copies of all described contracts shall be attached as exhibits.
2510If there is a contract for the management of the condominium
2511property, then a statement in conspicuous type in substantially
2512the following form shall appear, identifying the proposed or
2513existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2514THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2515CONTRACT MANAGER). Immediately following this statement, the
2516location in the disclosure materials of the contract for
2517management of the condominium property shall be stated.
2518     (12)  If the developer or any other person or persons other
2519than the unit owners has the right to retain control of the
2520board of administration of the association for a period of time
2521which can exceed 1 year after the closing of the sale of a
2522majority of the units in that condominium to persons other than
2523successors or alternate developers, then a statement in
2524conspicuous type in substantially the following form shall be
2525included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2526RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2527HAVE BEEN SOLD. Immediately following this statement, the
2528location in the disclosure materials where this right to control
2529is described in detail shall be stated.
2530     (13)  If there are any restrictions upon the sale,
2531transfer, conveyance, or leasing of a unit, then a statement in
2532conspicuous type in substantially the following form shall be
2533included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2534CONTROLLED. Immediately following this statement, the location
2535in the disclosure materials where the restriction, limitation,
2536or control on the sale, lease, or transfer of units is described
2537in detail shall be stated.
2538     (14)  If the condominium is part of a phase project, the
2539following information shall be stated:
2540     (a)  A statement in conspicuous type in substantially the
2541following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2542UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2543this statement, the location in the disclosure materials where
2544the phasing is described shall be stated.
2545     (b)  A summary of the provisions of the declaration which
2546provide for the phasing.
2547     (c)  A statement as to whether or not residential buildings
2548and units which are added to the condominium may be
2549substantially different from the residential buildings and units
2550originally in the condominium. If the added residential
2551buildings and units may be substantially different, there shall
2552be a general description of the extent to which such added
2553residential buildings and units may differ, and a statement in
2554conspicuous type in substantially the following form shall be
2555included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2556MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2557UNITS IN THE CONDOMINIUM. Immediately following this statement,
2558the location in the disclosure materials where the extent to
2559which added residential buildings and units may substantially
2560differ is described shall be stated.
2561     (d)  A statement of the maximum number of buildings
2562containing units, the maximum and minimum numbers of units in
2563each building, the maximum number of units, and the minimum and
2564maximum square footage of the units that may be contained within
2565each parcel of land which may be added to the condominium.
2566     (15)  If a condominium created on or after July 1, 2000, is
2567or may become part of a multicondominium, the following
2568information must be provided:
2569     (a)  A statement in conspicuous type in substantially the
2570following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2571MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2572(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2573this statement, the location in the prospectus or offering
2574circular and its exhibits where the multicondominium aspects of
2575the offering are described must be stated.
2576     (b)  A summary of the provisions in the declaration,
2577articles of incorporation, and bylaws which establish and
2578provide for the operation of the multicondominium, including a
2579statement as to whether unit owners in the condominium will have
2580the right to use recreational or other facilities located or
2581planned to be located in other condominiums operated by the same
2582association, and the manner of sharing the common expenses
2583related to such facilities.
2584     (c)  A statement of the minimum and maximum number of
2585condominiums, and the minimum and maximum number of units in
2586each of those condominiums, which will or may be operated by the
2587association, and the latest date by which the exact number will
2588be finally determined.
2589     (d)  A statement as to whether any of the condominiums in
2590the multicondominium may include units intended to be used for
2591nonresidential purposes and the purpose or purposes permitted
2592for such use.
2593     (e)  A general description of the location and approximate
2594acreage of any land on which any additional condominiums to be
2595operated by the association may be located.
2596     (16)  If the condominium is created by conversion of
2597existing improvements, the following information shall be
2598stated:
2599     (a)  The information required by s. 718.616.
2600     (b)  A caveat that there are no express warranties unless
2601they are stated in writing by the developer.
2602     (17)  A summary of the restrictions, if any, to be imposed
2603on units concerning the use of any of the condominium property,
2604including statements as to whether there are restrictions upon
2605children and pets, and reference to the volumes and pages of the
2606condominium documents where such restrictions are found, or if
2607such restrictions are contained elsewhere, then a copy of the
2608documents containing the restrictions shall be attached as an
2609exhibit.
2610     (18)  If there is any land that is offered by the developer
2611for use by the unit owners and that is neither owned by them nor
2612leased to them, the association, or any entity controlled by
2613unit owners and other persons having the use rights to such
2614land, a statement shall be made as to how such land will serve
2615the condominium. If any part of such land will serve the
2616condominium, the statement shall describe the land and the
2617nature and term of service, and the declaration or other
2618instrument creating such servitude shall be included as an
2619exhibit.
2620     (19)  The manner in which utility and other services,
2621including, but not limited to, sewage and waste disposal, water
2622supply, and storm drainage, will be provided and the person or
2623entity furnishing them.
2624     (20)  An explanation of the manner in which the
2625apportionment of common expenses and ownership of the common
2626elements has been determined.
2627     (21)  An estimated operating budget for the condominium and
2628the association, and a schedule of the unit owner's expenses
2629shall be attached as an exhibit and shall contain the following
2630information:
2631     (a)  The estimated monthly and annual expenses of the
2632condominium and the association that are collected from unit
2633owners by assessments.
2634     (b)  The estimated monthly and annual expenses of each unit
2635owner for a unit, other than common expenses paid by all unit
2636owners, payable by the unit owner to persons or entities other
2637than the association, as well as to the association, including
2638fees assessed pursuant to s. 718.113(1) for maintenance of
2639limited common elements where such costs are shared only by
2640those entitled to use the limited common element, and the total
2641estimated monthly and annual expense. There may be excluded from
2642this estimate expenses which are not provided for or
2643contemplated by the condominium documents, including, but not
2644limited to, the costs of private telephone; maintenance of the
2645interior of condominium units, which is not the obligation of
2646the association; maid or janitorial services privately
2647contracted for by the unit owners; utility bills billed directly
2648to each unit owner for utility services to his or her unit;
2649insurance premiums other than those incurred for policies
2650obtained by the condominium; and similar personal expenses of
2651the unit owner. A unit owner's estimated payments for
2652assessments shall also be stated in the estimated amounts for
2653the times when they will be due.
2654     (c)  The estimated items of expenses of the condominium and
2655the association, except as excluded under paragraph (b),
2656including, but not limited to, the following items, which shall
2657be stated either as an association expense collectible by
2658assessments or as unit owners' expenses payable to persons other
2659than the association:
2660     1.  Expenses for the association and condominium:
2661     a.  Administration of the association.
2662     b.  Management fees.
2663     c.  Maintenance.
2664     d.  Rent for recreational and other commonly used
2665facilities.
2666     e.  Taxes upon association property.
2667     f.  Taxes upon leased areas.
2668     g.  Insurance.
2669     h.  Security provisions.
2670     i.  Other expenses.
2671     j.  Operating capital.
2672     k.  Reserves.
2673     l.  Fees payable to the division.
2674     2.  Expenses for a unit owner:
2675     a.  Rent for the unit, if subject to a lease.
2676     b.  Rent payable by the unit owner directly to the lessor
2677or agent under any recreational lease or lease for the use of
2678commonly used facilities, which use and payment is a mandatory
2679condition of ownership and is not included in the common expense
2680or assessments for common maintenance paid by the unit owners to
2681the association.
2682     (d)  The following statement in conspicuous type: THE
2683BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2684ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2685ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2686FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2687ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2688CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2689THE OFFERING.
2690     (e)  Each budget for an association prepared by a developer
2691consistent with this subsection shall be prepared in good faith
2692and shall reflect accurate estimated amounts for the required
2693items in paragraph (c) at the time of the filing of the offering
2694circular with the division, and subsequent increased amounts of
2695any item included in the association's estimated budget that are
2696beyond the control of the developer shall not be considered an
2697amendment that would give rise to rescission rights set forth in
2698s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2699or otherwise affect any guarantee of the developer contained in
2700the offering circular or any purchase contract. It is the intent
2701of this paragraph to clarify existing law.
2702     (f)  The estimated amounts shall be stated for a period of
2703at least 12 months and may distinguish between the period prior
2704to the time unit owners other than the developer elect a
2705majority of the board of administration and the period after
2706that date.
2707     (22)  A schedule of estimated closing expenses to be paid
2708by a buyer or lessee of a unit and a statement of whether title
2709opinion or title insurance policy is available to the buyer and,
2710if so, at whose expense.
2711     (23)  The identity of the developer and the chief operating
2712officer or principal directing the creation and sale of the
2713condominium and a statement of its and his or her experience in
2714this field.
2715     (24)  Copies of the following, to the extent they are
2716applicable, shall be included as exhibits:
2717     (a)  The declaration of condominium, or the proposed
2718declaration if the declaration has not been recorded.
2719     (b)  The articles of incorporation creating the
2720association.
2721     (c)  The bylaws of the association.
2722     (d)  The ground lease or other underlying lease of the
2723condominium.
2724     (e)  The management agreement and all maintenance and other
2725contracts for management of the association and operation of the
2726condominium and facilities used by the unit owners having a
2727service term in excess of 1 year.
2728     (f)  The estimated operating budget for the condominium and
2729the required schedule of unit owners' expenses.
2730     (g)  A copy of the floor plan of the unit and the plot plan
2731showing the location of the residential buildings and the
2732recreation and other common areas.
2733     (h)  The lease of recreational and other facilities that
2734will be used only by unit owners of the subject condominium.
2735     (i)  The lease of facilities used by owners and others.
2736     (j)  The form of unit lease, if the offer is of a
2737leasehold.
2738     (k)  A declaration of servitude of properties serving the
2739condominium but not owned by unit owners or leased to them or
2740the association.
2741     (l)  The statement of condition of the existing building or
2742buildings, if the offering is of units in an operation being
2743converted to condominium ownership.
2744     (m)  The statement of inspection for termite damage and
2745treatment of the existing improvements, if the condominium is a
2746conversion.
2747     (n)  The form of agreement for sale or lease of units.
2748     (o)  A copy of the agreement for escrow of payments made to
2749the developer prior to closing.
2750     (p)  A copy of the documents containing any restrictions on
2751use of the property required by subsection (17).
2752     (25)  Any prospectus or offering circular complying, prior
2753to the effective date of this act, with the provisions of former
2754ss. 711.69 and 711.802 may continue to be used without amendment
2755or may be amended to comply with the provisions of this chapter.
2756     (26)  A brief narrative description of the location and
2757effect of all existing and intended easements located or to be
2758located on the condominium property other than those described
2759in the declaration.
2760     (27)  If the developer is required by state or local
2761authorities to obtain acceptance or approval of any dock or
2762marina facilities intended to serve the condominium, a copy of
2763any such acceptance or approval acquired by the time of filing
2764with the division under s. 718.502(1) or a statement that such
2765acceptance or approval has not been acquired or received.
2766     (28)  Evidence demonstrating that the developer has an
2767ownership, leasehold, or contractual interest in the land upon
2768which the condominium is to be developed.
2769     Section 50.  Section 718.508, Florida Statutes, is amended
2770to read:
2771     718.508  Regulation by Division of Hotels and
2772Restaurants.--In addition to the authority, regulation, or
2773control exercised by the Division of Florida Land Sales,
2774Condominiums, Timeshares, and Mobile Homes pursuant to this act
2775with respect to condominiums, buildings included in a
2776condominium property are shall be subject to the authority,
2777regulation, or control of the Division of Hotels and Restaurants
2778of the Department of Business and Professional Regulation, to
2779the extent provided for in chapter 399.
2780     Section 51.  Section 718.509, Florida Statutes, is amended,
2781and section 498.019, Florida Statutes, is transferred,
2782renumbered as subsections (1) and (2) of that section, and
2783amended to read:
2784     718.509  Division of Florida Land Sales, Condominiums,
2785Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2786the division and any amount paid for a fee or penalty under this
2787chapter shall be deposited in the State Treasury to the credit
2788of the Division of Florida Land Sales, Condominiums, and Mobile
2789Homes Trust Fund created by s. 498.019.
2790     498.019  Division of Florida Land Sales, Condominiums, and
2791Mobile Homes Trust Fund.--
2792     (1)  There is created within the State Treasury the
2793Division of Florida Land Sales, Condominiums, Timeshares, and
2794Mobile Homes Trust Fund to be used for the administration and
2795operation of this chapter and chapters 718, 719, 721, and 723 by
2796the division.
2797     (2)  All moneys collected by the division from fees, fines,
2798or penalties or from costs awarded to the division by a court or
2799administrative final order shall be paid into the Division of
2800Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2801Trust Fund. The Legislature shall appropriate funds from this
2802trust fund sufficient to carry out the provisions of this
2803chapter and the provisions of law with respect to each category
2804of business covered by the this trust fund. The division shall
2805maintain separate revenue accounts in the trust fund for each of
2806the businesses regulated by the division. The division shall
2807provide for the proportionate allocation among the accounts of
2808expenses incurred by the division in the performance of its
2809duties with respect to each of these businesses. As part of its
2810normal budgetary process, the division shall prepare an annual
2811report of revenue and allocated expenses related to the
2812operation of each of these businesses which may be used to
2813determine fees charged by the division. This subsection shall
2814operate pursuant to the provisions of s. 215.20.
2815     Section 52.  Paragraph (a) of subsection (2) of section
2816718.608, Florida Statutes, is amended to read:
2817     718.608  Notice of intended conversion; time of delivery;
2818content.--
2819     (2)(a)  Each notice of intended conversion shall be dated
2820and in writing. The notice shall contain the following
2821statement, with the phrases of the following statement which
2822appear in upper case printed in conspicuous type:
2823
2824     These apartments are being converted to condominium by  
2825(name of developer)  , the developer.
2826     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2827YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2828AGREEMENT AS FOLLOWS:
2829     a.  If you have continuously been a resident of these
2830apartments during the last 180 days and your rental agreement
2831expires during the next 270 days, you may extend your rental
2832agreement for up to 270 days after the date of this notice.
2833     b.  If you have not been a continuous resident of these
2834apartments for the last 180 days and your rental agreement
2835expires during the next 180 days, you may extend your rental
2836agreement for up to 180 days after the date of this notice.
2837     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2838MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2839DATE OF THIS NOTICE.
2840     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2841you may extend your rental agreement for up to 45 days after the
2842date of this notice while you decide whether to extend your
2843rental agreement as explained above. To do so, you must notify
2844the developer in writing. You will then have the full 45 days to
2845decide whether to extend your rental agreement as explained
2846above.
2847     3.  During the extension of your rental agreement you will
2848be charged the same rent that you are now paying.
2849     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2850OF THE RENTAL AGREEMENT AS FOLLOWS:
2851     a.  If your rental agreement began or was extended or
2852renewed after May 1, 1980, and your rental agreement, including
2853extensions and renewals, has an unexpired term of 180 days or
2854less, you may cancel your rental agreement upon 30 days' written
2855notice and move. Also, upon 30 days' written notice, you may
2856cancel any extension of the rental agreement.
2857     b.  If your rental agreement was not begun or was not
2858extended or renewed after May 1, 1980, you may not cancel the
2859rental agreement without the consent of the developer. If your
2860rental agreement, including extensions and renewals, has an
2861unexpired term of 180 days or less, you may, however, upon 30
2862days' written notice cancel any extension of the rental
2863agreement.
2864     5.  All notices must be given in writing and sent by mail,
2865return receipt requested, or delivered in person to the
2866developer at this address:   (name and address of developer)  .
2867     6.  If you have continuously been a resident of these
2868apartments during the last 180 days:
2869     a.  You have the right to purchase your apartment and will
2870have 45 days to decide whether to purchase. If you do not buy
2871the unit at that price and the unit is later offered at a lower
2872price, you will have the opportunity to buy the unit at the
2873lower price. However, in all events your right to purchase the
2874unit ends when the rental agreement or any extension of the
2875rental agreement ends or when you waive this right in writing.
2876     b.  Within 90 days you will be provided purchase
2877information relating to your apartment, including the price of
2878your unit and the condition of the building. If you do not
2879receive this information within 90 days, your rental agreement
2880and any extension will be extended 1 day for each day over 90
2881days until you are given the purchase information. If you do not
2882want this rental agreement extension, you must notify the
2883developer in writing.
2884     7.  If you have any questions regarding this conversion or
2885the Condominium Act, you may contact the developer or the state
2886agency which regulates condominiums: The Division of Florida
2887Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2888(Tallahassee address and telephone number of division)  .
2889     Section 53.  Subsection (17) of section 719.103, Florida
2890Statutes, is amended to read:
2891     719.103  Definitions.--As used in this chapter:
2892     (17)  "Division" means the Division of Florida Land Sales,
2893Condominiums, Timeshares, and Mobile Homes of the Department of
2894Business and Professional Regulation.
2895     Section 54.  Section 719.1255, Florida Statutes, is amended
2896to read:
2897     719.1255  Alternative resolution of disputes.--The Division
2898of Florida Land Sales, Condominiums, Timeshares, and Mobile
2899Homes of the Department of Business and Professional Regulation
2900shall provide for alternative dispute resolution in accordance
2901with s. 718.1255.
2902     Section 55.  Section 719.501, Florida Statutes, is amended
2903to read:
2904     719.501  Powers and duties of Division of Florida Land
2905Sales, Condominiums, Timeshares, and Mobile Homes.--
2906     (1)  The Division of Florida Land Sales, Condominiums,
2907Timeshares, and Mobile Homes of the Department of Business and
2908Professional Regulation, referred to as the "division" in this
2909part, in addition to other powers and duties prescribed by
2910chapter 718 498, has the power to enforce and ensure compliance
2911with the provisions of this chapter and adopted rules
2912promulgated pursuant hereto relating to the development,
2913construction, sale, lease, ownership, operation, and management
2914of residential cooperative units. In performing its duties, the
2915division shall have the following powers and duties:
2916     (a)  The division may make necessary public or private
2917investigations within or outside this state to determine whether
2918any person has violated this chapter or any rule or order
2919hereunder, to aid in the enforcement of this chapter, or to aid
2920in the adoption of rules or forms hereunder.
2921     (b)  The division may require or permit any person to file
2922a statement in writing, under oath or otherwise, as the division
2923determines, as to the facts and circumstances concerning a
2924matter to be investigated.
2925     (c)  For the purpose of any investigation under this
2926chapter, the division director or any officer or employee
2927designated by the division director may administer oaths or
2928affirmations, subpoena witnesses and compel their attendance,
2929take evidence, and require the production of any matter which is
2930relevant to the investigation, including the existence,
2931description, nature, custody, condition, and location of any
2932books, documents, or other tangible things and the identity and
2933location of persons having knowledge of relevant facts or any
2934other matter reasonably calculated to lead to the discovery of
2935material evidence. Upon failure by a person to obey a subpoena
2936or to answer questions propounded by the investigating officer
2937and upon reasonable notice to all persons affected thereby, the
2938division may apply to the circuit court for an order compelling
2939compliance.
2940     (d)  Notwithstanding any remedies available to unit owners
2941and associations, if the division has reasonable cause to
2942believe that a violation of any provision of this chapter or
2943related rule promulgated pursuant hereto has occurred, the
2944division may institute enforcement proceedings in its own name
2945against a developer, association, officer, or member of the
2946board, or its assignees or agents, as follows:
2947     1.  The division may permit a person whose conduct or
2948actions may be under investigation to waive formal proceedings
2949and enter into a consent proceeding whereby orders, rules, or
2950letters of censure or warning, whether formal or informal, may
2951be entered against the person.
2952     2.  The division may issue an order requiring the
2953developer, association, officer, or member of the board, or its
2954assignees or agents, to cease and desist from the unlawful
2955practice and take such affirmative action as in the judgment of
2956the division will carry out the purposes of this chapter. Such
2957affirmative action may include, but is not limited to, an order
2958requiring a developer to pay moneys determined to be owed to a
2959condominium association.
2960     3.  The division may bring an action in circuit court on
2961behalf of a class of unit owners, lessees, or purchasers for
2962declaratory relief, injunctive relief, or restitution.
2963     4.  The division may impose a civil penalty against a
2964developer or association, or its assignees or agents, for any
2965violation of this chapter or related a rule promulgated pursuant
2966hereto. The division may impose a civil penalty individually
2967against any officer or board member who willfully and knowingly
2968violates a provision of this chapter, a rule adopted pursuant to
2969this chapter, or a final order of the division. The term
2970"willfully and knowingly" means that the division informed the
2971officer or board member that his or her action or intended
2972action violates this chapter, a rule adopted under this chapter,
2973or a final order of the division, and that the officer or board
2974member refused to comply with the requirements of this chapter,
2975a rule adopted under this chapter, or a final order of the
2976division. The division, prior to initiating formal agency action
2977under chapter 120, shall afford the officer or board member an
2978opportunity to voluntarily comply with this chapter, a rule
2979adopted under this chapter, or a final order of the division. An
2980officer or board member who complies within 10 days is not
2981subject to a civil penalty. A penalty may be imposed on the
2982basis of each day of continuing violation, but in no event shall
2983the penalty for any offense exceed $5,000. By January 1, 1998,
2984the division shall adopt, by rule, penalty guidelines applicable
2985to possible violations or to categories of violations of this
2986chapter or rules adopted by the division. The guidelines must
2987specify a meaningful range of civil penalties for each such
2988violation of the statute and rules and must be based upon the
2989harm caused by the violation, the repetition of the violation,
2990and upon such other factors deemed relevant by the division. For
2991example, the division may consider whether the violations were
2992committed by a developer or owner-controlled association, the
2993size of the association, and other factors. The guidelines must
2994designate the possible mitigating or aggravating circumstances
2995that justify a departure from the range of penalties provided by
2996the rules. It is the legislative intent that minor violations be
2997distinguished from those which endanger the health, safety, or
2998welfare of the cooperative residents or other persons and that
2999such guidelines provide reasonable and meaningful notice to the
3000public of likely penalties that may be imposed for proscribed
3001conduct. This subsection does not limit the ability of the
3002division to informally dispose of administrative actions or
3003complaints by stipulation, agreed settlement, or consent order.
3004All amounts collected shall be deposited with the Chief
3005Financial Officer to the credit of the Division of Florida Land
3006Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
3007a developer fails to pay the civil penalty, the division shall
3008thereupon issue an order directing that such developer cease and
3009desist from further operation until such time as the civil
3010penalty is paid or may pursue enforcement of the penalty in a
3011court of competent jurisdiction. If an association fails to pay
3012the civil penalty, the division shall thereupon pursue
3013enforcement in a court of competent jurisdiction, and the order
3014imposing the civil penalty or the cease and desist order shall
3015not become effective until 20 days after the date of such order.
3016Any action commenced by the division shall be brought in the
3017county in which the division has its executive offices or in the
3018county where the violation occurred.
3019     (e)  The division may is authorized to prepare and
3020disseminate a prospectus and other information to assist
3021prospective owners, purchasers, lessees, and developers of
3022residential cooperatives in assessing the rights, privileges,
3023and duties pertaining thereto.
3024     (f)  The division has authority to adopt rules pursuant to
3025ss. 120.536(1) and 120.54 to implement and enforce the
3026provisions of this chapter.
3027     (g)  The division shall establish procedures for providing
3028notice to an association when the division is considering the
3029issuance of a declaratory statement with respect to the
3030cooperative documents governing such cooperative community.
3031     (h)  The division shall furnish each association which pays
3032the fees required by paragraph (2)(a) a copy of this act,
3033subsequent changes to this act on an annual basis, an amended
3034version of this act as it becomes available from the Secretary
3035of State's office on a biennial basis, and the rules adopted
3036promulgated pursuant thereto on an annual basis.
3037     (i)  The division shall annually provide each association
3038with a summary of declaratory statements and formal legal
3039opinions relating to the operations of cooperatives which were
3040rendered by the division during the previous year.
3041     (j)  The division shall adopt uniform accounting
3042principles, policies, and standards to be used by all
3043associations in the preparation and presentation of all
3044financial statements required by this chapter. The principles,
3045policies, and standards shall take into consideration the size
3046of the association and the total revenue collected by the
3047association.
3048     (k)  The division shall provide training programs for
3049cooperative association board members and unit owners.
3050     (l)  The division shall maintain a toll-free telephone
3051number accessible to cooperative unit owners.
3052     (m)  When a complaint is made to the division, the division
3053shall conduct its inquiry with reasonable dispatch and with due
3054regard to the interests of the affected parties. Within 30 days
3055after receipt of a complaint, the division shall acknowledge the
3056complaint in writing and notify the complainant whether the
3057complaint is within the jurisdiction of the division and whether
3058additional information is needed by the division from the
3059complainant. The division shall conduct its investigation and
3060shall, within 90 days after receipt of the original complaint or
3061timely requested additional information, take action upon the
3062complaint. However, the failure to complete the investigation
3063within 90 days does not prevent the division from continuing the
3064investigation, accepting or considering evidence obtained or
3065received after 90 days, or taking administrative action if
3066reasonable cause exists to believe that a violation of this
3067chapter or a rule of the division has occurred. If an
3068investigation is not completed within the time limits
3069established in this paragraph, the division shall, on a monthly
3070basis, notify the complainant in writing of the status of the
3071investigation. When reporting its action to the complainant, the
3072division shall inform the complainant of any right to a hearing
3073pursuant to ss. 120.569 and 120.57.
3074     (n)  The division shall develop a program to certify both
3075volunteer and paid mediators to provide mediation of cooperative
3076disputes. The division shall provide, upon request, a list of
3077such mediators to any association, unit owner, or other
3078participant in arbitration proceedings under s. 718.1255
3079requesting a copy of the list. The division shall include on the
3080list of voluntary mediators only persons who have received at
3081least 20 hours of training in mediation techniques or have
3082mediated at least 20 disputes. In order to become initially
3083certified by the division, paid mediators must be certified by
3084the Supreme Court to mediate court cases in either county or
3085circuit courts. However, the division may adopt, by rule,
3086additional factors for the certification of paid mediators,
3087which factors must be related to experience, education, or
3088background. Any person initially certified as a paid mediator by
3089the division must, in order to continue to be certified, comply
3090with the factors or requirements imposed by rules adopted by the
3091division.
3092     (2)(a)  Each cooperative association shall pay to the
3093division, on or before January 1 of each year, an annual fee in
3094the amount of $4 for each residential unit in cooperatives
3095operated by the association. If the fee is not paid by March 1,
3096then the association shall be assessed a penalty of 10 percent
3097of the amount due, and the association shall not have the
3098standing to maintain or defend any action in the courts of this
3099state until the amount due is paid.
3100     (b)  All fees shall be deposited in the Division of Florida
3101Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3102Fund as provided by law.
3103     Section 56.  Paragraph (a) of subsection (2) of section
3104719.502, Florida Statutes, is amended to read:
3105     719.502  Filing prior to sale or lease.--
3106     (2)(a)  Prior to filing as required by subsection (1), and
3107prior to acquiring an ownership, leasehold, or contractual
3108interest in the land upon which the cooperative is to be
3109developed, a developer shall not offer a contract for purchase
3110or lease of a unit for more than 5 years. However, the developer
3111may accept deposits for reservations upon the approval of a
3112fully executed escrow agreement and reservation agreement form
3113properly filed with the Division of Florida Land Sales,
3114Condominiums, Timeshares, and Mobile Homes. Each filing of a
3115proposed reservation program shall be accompanied by a filing
3116fee of $250. Reservations shall not be taken on a proposed
3117cooperative unless the developer has an ownership, leasehold, or
3118contractual interest in the land upon which the cooperative is
3119to be developed. The division shall notify the developer within
312020 days of receipt of the reservation filing of any deficiencies
3121contained therein. Such notification shall not preclude the
3122determination of reservation filing deficiencies at a later
3123date, nor shall it relieve the developer of any responsibility
3124under the law. The escrow agreement and the reservation
3125agreement form shall include a statement of the right of the
3126prospective purchaser to an immediate unqualified refund of the
3127reservation deposit moneys upon written request to the escrow
3128agent by the prospective purchaser or the developer.
3129     Section 57.  Section 719.504, Florida Statutes, is amended
3130to read:
3131     719.504  Prospectus or offering circular.--Every developer
3132of a residential cooperative which contains more than 20
3133residential units, or which is part of a group of residential
3134cooperatives which will be served by property to be used in
3135common by unit owners of more than 20 residential units, shall
3136prepare a prospectus or offering circular and file it with the
3137Division of Florida Land Sales, Condominiums, Timeshares, and
3138Mobile Homes prior to entering into an enforceable contract of
3139purchase and sale of any unit or lease of a unit for more than 5
3140years and shall furnish a copy of the prospectus or offering
3141circular to each buyer. In addition to the prospectus or
3142offering circular, each buyer shall be furnished a separate page
3143entitled "Frequently Asked Questions and Answers," which must be
3144in accordance with a format approved by the division. This page
3145must, in readable language: inform prospective purchasers
3146regarding their voting rights and unit use restrictions,
3147including restrictions on the leasing of a unit; indicate
3148whether and in what amount the unit owners or the association is
3149obligated to pay rent or land use fees for recreational or other
3150commonly used facilities; contain a statement identifying that
3151amount of assessment which, pursuant to the budget, would be
3152levied upon each unit type, exclusive of any special
3153assessments, and which identifies the basis upon which
3154assessments are levied, whether monthly, quarterly, or
3155otherwise; state and identify any court cases in which the
3156association is currently a party of record in which the
3157association may face liability in excess of $100,000; and state
3158whether membership in a recreational facilities association is
3159mandatory and, if so, identify the fees currently charged per
3160unit type. The division shall by rule require such other
3161disclosure as in its judgment will assist prospective
3162purchasers. The prospectus or offering circular may include more
3163than one cooperative, although not all such units are being
3164offered for sale as of the date of the prospectus or offering
3165circular. The prospectus or offering circular must contain the
3166following information:
3167     (1)  The front cover or the first page must contain only:
3168     (a)  The name of the cooperative.
3169     (b)  The following statements in conspicuous type:
3170     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3171MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3172     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3173NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3174ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
3175MATERIALS.
3176     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3177STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3178PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3179REPRESENTATIONS.
3180     (2)  Summary: The next page must contain all statements
3181required to be in conspicuous type in the prospectus or offering
3182circular.
3183     (3)  A separate index of the contents and exhibits of the
3184prospectus.
3185     (4)  Beginning on the first page of the text (not including
3186the summary and index), a description of the cooperative,
3187including, but not limited to, the following information:
3188     (a)  Its name and location.
3189     (b)  A description of the cooperative property, including,
3190without limitation:
3191     1.  The number of buildings, the number of units in each
3192building, the number of bathrooms and bedrooms in each unit, and
3193the total number of units, if the cooperative is not a phase
3194cooperative; or, if the cooperative is a phase cooperative, the
3195maximum number of buildings that may be contained within the
3196cooperative, the minimum and maximum number of units in each
3197building, the minimum and maximum number of bathrooms and
3198bedrooms that may be contained in each unit, and the maximum
3199number of units that may be contained within the cooperative.
3200     2.  The page in the cooperative documents where a copy of
3201the survey and plot plan of the cooperative is located.
3202     3.  The estimated latest date of completion of
3203constructing, finishing, and equipping. In lieu of a date, a
3204statement that the estimated date of completion of the
3205cooperative is in the purchase agreement and a reference to the
3206article or paragraph containing that information.
3207     (c)  The maximum number of units that will use facilities
3208in common with the cooperative. If the maximum number of units
3209will vary, a description of the basis for variation and the
3210minimum amount of dollars per unit to be spent for additional
3211recreational facilities or enlargement of such facilities. If
3212the addition or enlargement of facilities will result in a
3213material increase of a unit owner's maintenance expense or
3214rental expense, if any, the maximum increase and limitations
3215thereon shall be stated.
3216     (5)(a)  A statement in conspicuous type describing whether
3217the cooperative is created and being sold as fee simple
3218interests or as leasehold interests. If the cooperative is
3219created or being sold on a leasehold, the location of the lease
3220in the disclosure materials shall be stated.
3221     (b)  If timeshare estates are or may be created with
3222respect to any unit in the cooperative, a statement in
3223conspicuous type stating that timeshare estates are created and
3224being sold in such specified units in the cooperative.
3225     (6)  A description of the recreational and other common
3226areas that will be used only by unit owners of the cooperative,
3227including, but not limited to, the following:
3228     (a)  Each room and its intended purposes, location,
3229approximate floor area, and capacity in numbers of people.
3230     (b)  Each swimming pool, as to its general location,
3231approximate size and depths, approximate deck size and capacity,
3232and whether heated.
3233     (c)  Additional facilities, as to the number of each
3234facility, its approximate location, approximate size, and
3235approximate capacity.
3236     (d)  A general description of the items of personal
3237property and the approximate number of each item of personal
3238property that the developer is committing to furnish for each
3239room or other facility or, in the alternative, a representation
3240as to the minimum amount of expenditure that will be made to
3241purchase the personal property for the facility.
3242     (e)  The estimated date when each room or other facility
3243will be available for use by the unit owners.
3244     (f)1.  An identification of each room or other facility to
3245be used by unit owners that will not be owned by the unit owners
3246or the association;
3247     2.  A reference to the location in the disclosure materials
3248of the lease or other agreements providing for the use of those
3249facilities; and
3250     3.  A description of the terms of the lease or other
3251agreements, including the length of the term; the rent payable,
3252directly or indirectly, by each unit owner, and the total rent
3253payable to the lessor, stated in monthly and annual amounts for
3254the entire term of the lease; and a description of any option to
3255purchase the property leased under any such lease, including the
3256time the option may be exercised, the purchase price or how it
3257is to be determined, the manner of payment, and whether the
3258option may be exercised for a unit owner's share or only as to
3259the entire leased property.
3260     (g)  A statement as to whether the developer may provide
3261additional facilities not described above, their general
3262locations and types, improvements or changes that may be made,
3263the approximate dollar amount to be expended, and the maximum
3264additional common expense or cost to the individual unit owners
3265that may be charged during the first annual period of operation
3266of the modified or added facilities.
3267
3268Descriptions as to locations, areas, capacities, numbers,
3269volumes, or sizes may be stated as approximations or minimums.
3270     (7)  A description of the recreational and other facilities
3271that will be used in common with other cooperatives, community
3272associations, or planned developments which require the payment
3273of the maintenance and expenses of such facilities, either
3274directly or indirectly, by the unit owners. The description
3275shall include, but not be limited to, the following:
3276     (a)  Each building and facility committed to be built.
3277     (b)  Facilities not committed to be built except under
3278certain conditions, and a statement of those conditions or
3279contingencies.
3280     (c)  As to each facility committed to be built, or which
3281will be committed to be built upon the happening of one of the
3282conditions in paragraph (b), a statement of whether it will be
3283owned by the unit owners having the use thereof or by an
3284association or other entity which will be controlled by them, or
3285others, and the location in the exhibits of the lease or other
3286document providing for use of those facilities.
3287     (d)  The year in which each facility will be available for
3288use by the unit owners or, in the alternative, the maximum
3289number of unit owners in the project at the time each of all of
3290the facilities is committed to be completed.
3291     (e)  A general description of the items of personal
3292property, and the approximate number of each item of personal
3293property, that the developer is committing to furnish for each
3294room or other facility or, in the alternative, a representation
3295as to the minimum amount of expenditure that will be made to
3296purchase the personal property for the facility.
3297     (f)  If there are leases, a description thereof, including
3298the length of the term, the rent payable, and a description of
3299any option to purchase.
3300
3301Descriptions shall include location, areas, capacities, numbers,
3302volumes, or sizes and may be stated as approximations or
3303minimums.
3304     (8)  Recreation lease or associated club membership:
3305     (a)  If any recreational facilities or other common areas
3306offered by the developer and available to, or to be used by,
3307unit owners are to be leased or have club membership associated,
3308the following statement in conspicuous type shall be included:
3309THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3310COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3311COOPERATIVE. There shall be a reference to the location in the
3312disclosure materials where the recreation lease or club
3313membership is described in detail.
3314     (b)  If it is mandatory that unit owners pay a fee, rent,
3315dues, or other charges under a recreational facilities lease or
3316club membership for the use of facilities, there shall be in
3317conspicuous type the applicable statement:
3318     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3319MANDATORY FOR UNIT OWNERS; or
3320     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3321TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3322     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3323COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3324REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3325LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3326     4.  A similar statement of the nature of the organization
3327or manner in which the use rights are created, and that unit
3328owners are required to pay.
3329
3330Immediately following the applicable statement, the location in
3331the disclosure materials where the development is described in
3332detail shall be stated.
3333     (c)  If the developer, or any other person other than the
3334unit owners and other persons having use rights in the
3335facilities, reserves, or is entitled to receive, any rent, fee,
3336or other payment for the use of the facilities, then there shall
3337be the following statement in conspicuous type: THE UNIT OWNERS
3338OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3339RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3340statement, the location in the disclosure materials where the
3341rent or land use fees are described in detail shall be stated.
3342     (d)  If, in any recreation format, whether leasehold, club,
3343or other, any person other than the association has the right to
3344a lien on the units to secure the payment of assessments, rent,
3345or other exactions, there shall appear a statement in
3346conspicuous type in substantially the following form:
3347     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3348SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3349RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3350PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3351     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3352SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3353FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3354OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3355PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3356
3357Immediately following the applicable statement, the location in
3358the disclosure materials where the lien or lien right is
3359described in detail shall be stated.
3360     (9)  If the developer or any other person has the right to
3361increase or add to the recreational facilities at any time after
3362the establishment of the cooperative whose unit owners have use
3363rights therein, without the consent of the unit owners or
3364associations being required, there shall appear a statement in
3365conspicuous type in substantially the following form:
3366RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3367OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3368statement, the location in the disclosure materials where such
3369reserved rights are described shall be stated.
3370     (10)  A statement of whether the developer's plan includes
3371a program of leasing units rather than selling them, or leasing
3372units and selling them subject to such leases. If so, there
3373shall be a description of the plan, including the number and
3374identification of the units and the provisions and term of the
3375proposed leases, and a statement in boldfaced type that: THE
3376UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3377     (11)  The arrangements for management of the association
3378and maintenance and operation of the cooperative property and of
3379other property that will serve the unit owners of the
3380cooperative property, and a description of the management
3381contract and all other contracts for these purposes having a
3382term in excess of 1 year, including the following:
3383     (a)  The names of contracting parties.
3384     (b)  The term of the contract.
3385     (c)  The nature of the services included.
3386     (d)  The compensation, stated on a monthly and annual
3387basis, and provisions for increases in the compensation.
3388     (e)  A reference to the volumes and pages of the
3389cooperative documents and of the exhibits containing copies of
3390such contracts.
3391
3392Copies of all described contracts shall be attached as exhibits.
3393If there is a contract for the management of the cooperative
3394property, then a statement in conspicuous type in substantially
3395the following form shall appear, identifying the proposed or
3396existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3397THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3398CONTRACT MANAGER). Immediately following this statement, the
3399location in the disclosure materials of the contract for
3400management of the cooperative property shall be stated.
3401     (12)  If the developer or any other person or persons other
3402than the unit owners has the right to retain control of the
3403board of administration of the association for a period of time
3404which can exceed 1 year after the closing of the sale of a
3405majority of the units in that cooperative to persons other than
3406successors or alternate developers, then a statement in
3407conspicuous type in substantially the following form shall be
3408included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3409RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3410HAVE BEEN SOLD. Immediately following this statement, the
3411location in the disclosure materials where this right to control
3412is described in detail shall be stated.
3413     (13)  If there are any restrictions upon the sale,
3414transfer, conveyance, or leasing of a unit, then a statement in
3415conspicuous type in substantially the following form shall be
3416included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3417CONTROLLED. Immediately following this statement, the location
3418in the disclosure materials where the restriction, limitation,
3419or control on the sale, lease, or transfer of units is described
3420in detail shall be stated.
3421     (14)  If the cooperative is part of a phase project, the
3422following shall be stated:
3423     (a)  A statement in conspicuous type in substantially the
3424following form shall be included: THIS IS A PHASE COOPERATIVE.
3425ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3426Immediately following this statement, the location in the
3427disclosure materials where the phasing is described shall be
3428stated.
3429     (b)  A summary of the provisions of the declaration
3430providing for the phasing.
3431     (c)  A statement as to whether or not residential buildings
3432and units which are added to the cooperative may be
3433substantially different from the residential buildings and units
3434originally in the cooperative, and, if the added residential
3435buildings and units may be substantially different, there shall
3436be a general description of the extent to which such added
3437residential buildings and units may differ, and a statement in
3438conspicuous type in substantially the following form shall be
3439included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3440MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3441UNITS IN THE COOPERATIVE. Immediately following this statement,
3442the location in the disclosure materials where the extent to
3443which added residential buildings and units may substantially
3444differ is described shall be stated.
3445     (d)  A statement of the maximum number of buildings
3446containing units, the maximum and minimum number of units in
3447each building, the maximum number of units, and the minimum and
3448maximum square footage of the units that may be contained within
3449each parcel of land which may be added to the cooperative.
3450     (15)  If the cooperative is created by conversion of
3451existing improvements, the following information shall be
3452stated:
3453     (a)  The information required by s. 719.616.
3454     (b)  A caveat that there are no express warranties unless
3455they are stated in writing by the developer.
3456     (16)  A summary of the restrictions, if any, to be imposed
3457on units concerning the use of any of the cooperative property,
3458including statements as to whether there are restrictions upon
3459children and pets, and reference to the volumes and pages of the
3460cooperative documents where such restrictions are found, or if
3461such restrictions are contained elsewhere, then a copy of the
3462documents containing the restrictions shall be attached as an
3463exhibit.
3464     (17)  If there is any land that is offered by the developer
3465for use by the unit owners and that is neither owned by them nor
3466leased to them, the association, or any entity controlled by
3467unit owners and other persons having the use rights to such
3468land, a statement shall be made as to how such land will serve
3469the cooperative. If any part of such land will serve the
3470cooperative, the statement shall describe the land and the
3471nature and term of service, and the cooperative documents or
3472other instrument creating such servitude shall be included as an
3473exhibit.
3474     (18)  The manner in which utility and other services,
3475including, but not limited to, sewage and waste disposal, water
3476supply, and storm drainage, will be provided and the person or
3477entity furnishing them.
3478     (19)  An explanation of the manner in which the
3479apportionment of common expenses and ownership of the common
3480areas have been determined.
3481     (20)  An estimated operating budget for the cooperative and
3482the association, and a schedule of the unit owner's expenses
3483shall be attached as an exhibit and shall contain the following
3484information:
3485     (a)  The estimated monthly and annual expenses of the
3486cooperative and the association that are collected from unit
3487owners by assessments.
3488     (b)  The estimated monthly and annual expenses of each unit
3489owner for a unit, other than assessments payable to the
3490association, payable by the unit owner to persons or entities
3491other than the association, and the total estimated monthly and
3492annual expense. There may be excluded from this estimate
3493expenses that are personal to unit owners, which are not
3494uniformly incurred by all unit owners, or which are not provided
3495for or contemplated by the cooperative documents, including, but
3496not limited to, the costs of private telephone; maintenance of
3497the interior of cooperative units, which is not the obligation
3498of the association; maid or janitorial services privately
3499contracted for by the unit owners; utility bills billed directly
3500to each unit owner for utility services to his or her unit;
3501insurance premiums other than those incurred for policies
3502obtained by the cooperative; and similar personal expenses of
3503the unit owner. A unit owner's estimated payments for
3504assessments shall also be stated in the estimated amounts for
3505the times when they will be due.
3506     (c)  The estimated items of expenses of the cooperative and
3507the association, except as excluded under paragraph (b),
3508including, but not limited to, the following items, which shall
3509be stated either as an association expense collectible by
3510assessments or as unit owners' expenses payable to persons other
3511than the association:
3512     1.  Expenses for the association and cooperative:
3513     a.  Administration of the association.
3514     b.  Management fees.
3515     c.  Maintenance.
3516     d.  Rent for recreational and other commonly used areas.
3517     e.  Taxes upon association property.
3518     f.  Taxes upon leased areas.
3519     g.  Insurance.
3520     h.  Security provisions.
3521     i.  Other expenses.
3522     j.  Operating capital.
3523     k.  Reserves.
3524     l.  Fee payable to the division.
3525     2.  Expenses for a unit owner:
3526     a.  Rent for the unit, if subject to a lease.
3527     b.  Rent payable by the unit owner directly to the lessor
3528or agent under any recreational lease or lease for the use of
3529commonly used areas, which use and payment are a mandatory
3530condition of ownership and are not included in the common
3531expense or assessments for common maintenance paid by the unit
3532owners to the association.
3533     (d)  The following statement in conspicuous type: THE
3534BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3535ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3536ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3537FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3538ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3539CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3540THE OFFERING.
3541     (e)  Each budget for an association prepared by a developer
3542consistent with this subsection shall be prepared in good faith
3543and shall reflect accurate estimated amounts for the required
3544items in paragraph (c) at the time of the filing of the offering
3545circular with the division, and subsequent increased amounts of
3546any item included in the association's estimated budget that are
3547beyond the control of the developer shall not be considered an
3548amendment that would give rise to rescission rights set forth in
3549s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3550or otherwise affect any guarantee of the developer contained in
3551the offering circular or any purchase contract. It is the intent
3552of this paragraph to clarify existing law.
3553     (f)  The estimated amounts shall be stated for a period of
3554at least 12 months and may distinguish between the period prior
3555to the time unit owners other than the developer elect a
3556majority of the board of administration and the period after
3557that date.
3558     (21)  A schedule of estimated closing expenses to be paid
3559by a buyer or lessee of a unit and a statement of whether title
3560opinion or title insurance policy is available to the buyer and,
3561if so, at whose expense.
3562     (22)  The identity of the developer and the chief operating
3563officer or principal directing the creation and sale of the
3564cooperative and a statement of its and his or her experience in
3565this field.
3566     (23)  Copies of the following, to the extent they are
3567applicable, shall be included as exhibits:
3568     (a)  The cooperative documents, or the proposed cooperative
3569documents if the documents have not been recorded.
3570     (b)  The articles of incorporation creating the
3571association.
3572     (c)  The bylaws of the association.
3573     (d)  The ground lease or other underlying lease of the
3574cooperative.
3575     (e)  The management agreement and all maintenance and other
3576contracts for management of the association and operation of the
3577cooperative and facilities used by the unit owners having a
3578service term in excess of 1 year.
3579     (f)  The estimated operating budget for the cooperative and
3580the required schedule of unit owners' expenses.
3581     (g)  A copy of the floor plan of the unit and the plot plan
3582showing the location of the residential buildings and the
3583recreation and other common areas.
3584     (h)  The lease of recreational and other facilities that
3585will be used only by unit owners of the subject cooperative.
3586     (i)  The lease of facilities used by owners and others.
3587     (j)  The form of unit lease, if the offer is of a
3588leasehold.
3589     (k)  A declaration of servitude of properties serving the
3590cooperative but not owned by unit owners or leased to them or
3591the association.
3592     (l)  The statement of condition of the existing building or
3593buildings, if the offering is of units in an operation being
3594converted to cooperative ownership.
3595     (m)  The statement of inspection for termite damage and
3596treatment of the existing improvements, if the cooperative is a
3597conversion.
3598     (n)  The form of agreement for sale or lease of units.
3599     (o)  A copy of the agreement for escrow of payments made to
3600the developer prior to closing.
3601     (p)  A copy of the documents containing any restrictions on
3602use of the property required by subsection (16).
3603     (24)  Any prospectus or offering circular complying with
3604the provisions of former ss. 711.69 and 711.802 may continue to
3605be used without amendment, or may be amended to comply with the
3606provisions of this chapter.
3607     (25)  A brief narrative description of the location and
3608effect of all existing and intended easements located or to be
3609located on the cooperative property other than those in the
3610declaration.
3611     (26)  If the developer is required by state or local
3612authorities to obtain acceptance or approval of any dock or
3613marina facility intended to serve the cooperative, a copy of
3614such acceptance or approval acquired by the time of filing with
3615the division pursuant to s. 719.502 or a statement that such
3616acceptance has not been acquired or received.
3617     (27)  Evidence demonstrating that the developer has an
3618ownership, leasehold, or contractual interest in the land upon
3619which the cooperative is to be developed.
3620     Section 58.  Section 719.508, Florida Statutes, is amended
3621to read:
3622     719.508  Regulation by Division of Hotels and
3623Restaurants.--In addition to the authority, regulation, or
3624control exercised by the Division of Florida Land Sales,
3625Condominiums, Timeshares, and Mobile Homes pursuant to this act
3626with respect to cooperatives, buildings included in a
3627cooperative property shall be subject to the authority,
3628regulation, or control of the Division of Hotels and Restaurants
3629of the Department of Business and Professional Regulation, to
3630the extent provided for in chapters 399 and 509.
3631     Section 59.  Paragraph (a) of subsection (2) of section
3632719.608, Florida Statutes, is amended to read:
3633     719.608  Notice of intended conversion; time of delivery;
3634content.--
3635     (2)(a)  Each notice of intended conversion shall be dated
3636and in writing. The notice shall contain the following
3637statement, with the phrases of the following statement which
3638appear in upper case printed in conspicuous type:
3639
3640     These apartments are being converted to cooperative by  
3641(name of developer)  , the developer.
3642     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3643YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3644AGREEMENT AS FOLLOWS:
3645     a.  If you have continuously been a resident of these
3646apartments during the last 180 days and your rental agreement
3647expires during the next 270 days, you may extend your rental
3648agreement for up to 270 days after the date of this notice.
3649     b.  If you have not been a continuous resident of these
3650apartments for the last 180 days and your rental agreement
3651expires during the next 180 days, you may extend your rental
3652agreement for up to 180 days after the date of this notice.
3653     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3654MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3655DATE OF THIS NOTICE.
3656     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3657you may extend your rental agreement for up to 45 days after the
3658date of this notice while you decide whether to extend your
3659rental agreement as explained above. To do so, you must notify
3660the developer in writing. You will then have the full 45 days to
3661decide whether to extend your rental agreement as explained
3662above.
3663     3.  During the extension of your rental agreement you will
3664be charged the same rent that you are now paying.
3665     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3666OF THE RENTAL AGREEMENT AS FOLLOWS:
3667     a.  If your rental agreement began or was extended or
3668renewed after May 1, 1980, and your rental agreement, including
3669extensions and renewals, has an unexpired term of 180 days or
3670less, you may cancel your rental agreement upon 30 days' written
3671notice and move. Also, upon 30 days' written notice, you may
3672cancel any extension of the rental agreement.
3673     b.  If your rental agreement was not begun or was not
3674extended or renewed after May 1, 1980, you may not cancel the
3675rental agreement without the consent of the developer. If your
3676rental agreement, including extensions and renewals, has an
3677unexpired term of 180 days or less, you may, however, upon 30
3678days' written notice cancel any extension of the rental
3679agreement.
3680     5.  All notices must be given in writing and sent by mail,
3681return receipt requested, or delivered in person to the
3682developer at this address:   (name and address of developer)  .
3683     6.  If you have continuously been a resident of these
3684apartments during the last 180 days:
3685     a.  You have the right to purchase your apartment and will
3686have 45 days to decide whether to purchase. If you do not buy
3687the unit at that price and the unit is later offered at a lower
3688price, you will have the opportunity to buy the unit at the
3689lower price. However, in all events your right to purchase the
3690unit ends when the rental agreement or any extension of the
3691rental agreement ends or when you waive this right in writing.
3692     b.  Within 90 days you will be provided purchase
3693information relating to your apartment, including the price of
3694your unit and the condition of the building. If you do not
3695receive this information within 90 days, your rental agreement
3696and any extension will be extended 1 day for each day over 90
3697days until you are given the purchase information. If you do not
3698want this rental agreement extension, you must notify the
3699developer in writing.
3700     7.  If you have any questions regarding this conversion or
3701the Cooperative Act, you may contact the developer or the state
3702agency which regulates cooperatives: The Division of Florida
3703Land Sales, Condominiums, Timeshares, and Mobile Homes,  
3704(Tallahassee address and telephone number of division)  .
3705     Section 60.  Subsection (7) of section 720.301, Florida
3706Statutes, is amended to read:
3707     720.301  Definitions.--As used in this chapter, the term:
3708     (7)  "Division" means the Division of Florida Land Sales,
3709Condominiums, Timeshares, and Mobile Homes in the Department of
3710Business and Professional Regulation.
3711     Section 61.  Subsection (2) of section 720.401, Florida
3712Statutes, is amended to read:
3713     720.401  Prospective purchasers subject to association
3714membership requirement; disclosure required; covenants;
3715assessments; contract cancellation.--
3716     (2)  This section does not apply to any association
3717regulated under chapter 718, chapter 719, chapter 721, or
3718chapter 723 or to a subdivider registered under chapter 498; and
3719also does not apply if disclosure regarding the association is
3720otherwise made in connection with the requirements of chapter
3721718, chapter 719, chapter 721, or chapter 723.
3722     Section 62.  Paragraph (c) of subsection (1) of section
3723721.03, Florida Statutes, is amended to read:
3724     721.03  Scope of chapter.--
3725     (1)  This chapter applies to all timeshare plans consisting
3726of more than seven timeshare periods over a period of at least 3
3727years in which the accommodations and facilities, if any, are
3728located within this state or offered within this state; provided
3729that:
3730     (c)  All timeshare accommodations or facilities which are
3731located outside the state but offered for sale in this state
3732shall be governed by the following:
3733     1.  The offering for sale in this state of timeshare
3734accommodations and facilities located outside the state is
3735subject only to the provisions of ss. 721.01-721.12, 721.18,
3736721.20, 721.21, 721.26, 721.28, and part II.
3737     2.  The division shall not require a developer of timeshare
3738accommodations or facilities located outside of this state to
3739make changes in any timeshare instrument to conform to the
3740provisions of s. 721.07 or s. 721.55. The division shall have
3741the power to require disclosure of those provisions of the
3742timeshare instrument that do not conform to s. 721.07 or s.
3743721.55 as the director determines is necessary to fairly,
3744meaningfully, and effectively disclose all aspects of the
3745timeshare plan.
3746     3.  Except as provided in this subparagraph, the division
3747shall have no authority to determine whether any person has
3748complied with another state's laws or to disapprove any filing
3749out-of-state, timeshare instrument, or component site document,
3750based solely upon the lack or degree of timeshare regulation in
3751another state. The division may require a developer to obtain
3752and provide to the division existing documentation relating to
3753an out-of-state filing, timeshare instrument, or component site
3754document and prove compliance of same with the laws of that
3755state. In this regard, the division may accept any evidence of
3756the approval or acceptance of any out-of-state filing, timeshare
3757instrument, or component site document by another state in lieu
3758of requiring a developer to file the out-of-state filing,
3759timeshare instrument, or component site document with the
3760division pursuant to this section, or the division may accept an
3761opinion letter from an attorney or law firm opining as to the
3762compliance of such out-of-state filing, timeshare instrument, or
3763component site document with the laws of another state. The
3764division may refuse to approve the inclusion of any out-of-state
3765filing, timeshare instrument, or component site document as part
3766of a public offering statement based upon the inability of the
3767developer to establish the compliance of same with the laws of
3768another state.
3769     4.  The division is authorized to enter into an agreement
3770with another state for the purpose of facilitating the
3771processing of out-of-state timeshare instruments or other
3772component site documents pursuant to this chapter and for the
3773purpose of facilitating the referral of consumer complaints to
3774the appropriate state.
3775     5.  Notwithstanding any other provision of this paragraph,
3776the offer, in this state, of an additional interest to existing
3777purchasers in the same timeshare plan, the same nonspecific
3778multisite timeshare plan, or the same component site of a
3779multisite timeshare plan with accommodations and facilities
3780located outside of this state shall not be subject to the
3781provisions of this chapter if the offer complies with the
3782provisions of s. 721.11(4).
3783     Section 63.  Subsection (11) of section 721.05, Florida
3784Statutes, is amended to read:
3785     721.05  Definitions.--As used in this chapter, the term:
3786     (11)  "Division" means the Division of Florida Land Sales,
3787Condominiums, Timeshares, and Mobile Homes of the Department of
3788Business and Professional Regulation.
3789     Section 64.  Paragraph (d) of subsection (2) of section
3790721.07, Florida Statutes, is amended to read:
3791     721.07  Public offering statement.--Prior to offering any
3792timeshare plan, the developer must submit a filed public
3793offering statement to the division for approval as prescribed by
3794s. 721.03, s. 721.55, or this section. Until the division
3795approves such filing, any contract regarding the sale of that
3796timeshare plan is subject to cancellation by the purchaser
3797pursuant to s. 721.10.
3798     (2)
3799     (d)  A developer shall have the authority to deliver to
3800purchasers any purchaser public offering statement that is not
3801yet approved by the division, provided that the following shall
3802apply:
3803     1.  At the time the developer delivers an unapproved
3804purchaser public offering statement to a purchaser pursuant to
3805this paragraph, the developer shall deliver a fully completed
3806and executed copy of the purchase contract required by s. 721.06
3807that contains the following statement in conspicuous type in
3808substantially the following form which shall replace the
3809statements required by s. 721.06(1)(g):
3810
3811The developer is delivering to you a public offering statement
3812that has been filed with but not yet approved by the Division of
3813Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3814Any revisions to the unapproved public offering statement you
3815have received must be delivered to you, but only if the
3816revisions materially alter or modify the offering in a manner
3817adverse to you. After the division approves the public offering
3818statement, you will receive notice of the approval from the
3819developer and the required revisions, if any.
3820
3821Your statutory right to cancel this transaction without any
3822penalty or obligation expires 10 calendar days after the date
3823you signed your purchase contract or the date on which you
3824receive the last of all documents required to be given to you
3825pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3826days after you receive revisions required to be delivered to
3827you, if any, whichever is later. If you decide to cancel this
3828contract, you must notify the seller in writing of your intent
3829to cancel. Your notice of cancellation shall be effective upon
3830the date sent and shall be sent to   (Name of Seller)   at  
3831(Address of Seller)  . Any attempt to obtain a waiver of your
3832cancellation right is void and of no effect. While you may
3833execute all closing documents in advance, the closing, as
3834evidenced by delivery of the deed or other document, before
3835expiration of your 10-day cancellation period, is prohibited.
3836
3837     2.  After receipt of approval from the division and prior
3838to closing, if any revisions made to the documents contained in
3839the purchaser public offering statement materially alter or
3840modify the offering in a manner adverse to a purchaser, the
3841developer shall send the purchaser such revisions together with
3842a notice containing a statement in conspicuous type in
3843substantially the following form:
3844
3845The unapproved public offering statement previously delivered to
3846you, together with the enclosed revisions, has been approved by
3847the Division of Florida Land Sales, Condominiums, Timeshares,
3848and Mobile Homes. Accordingly, your cancellation right expires
384910 calendar days after you sign your purchase contract or 10
3850calendar days after you receive these revisions, whichever is
3851later. If you have any questions regarding your cancellation
3852rights, you may contact the division at [insert division's
3853current address].
3854
3855     3.  After receipt of approval from the division and prior
3856to closing, if no revisions have been made to the documents
3857contained in the unapproved purchaser public offering statement,
3858or if such revisions do not materially alter or modify the
3859offering in a manner adverse to a purchaser, the developer shall
3860send the purchaser a notice containing a statement in
3861conspicuous type in substantially the following form:
3862
3863The unapproved public offering statement previously delivered to
3864you has been approved by the Division of Florida Land Sales,
3865Condominiums, Timeshares, and Mobile Homes. Revisions made to
3866the unapproved public offering statement, if any, are either not
3867required to be delivered to you or are not deemed by the
3868developer, in its opinion, to materially alter or modify the
3869offering in a manner that is adverse to you. Accordingly, your
3870cancellation right expired 10 days after you signed your
3871purchase contract. A complete copy of the approved public
3872offering statement is available through the managing entity for
3873inspection as part of the books and records of the plan. If you
3874have any questions regarding your cancellation rights, you may
3875contact the division at [insert division's current address].
3876     Section 65.  Subsection (8) of section 721.08, Florida
3877Statutes, is amended to read:
3878     721.08  Escrow accounts; nondisturbance instruments;
3879alternate security arrangements; transfer of legal title.--
3880     (8)  An escrow agent holding escrowed funds pursuant to
3881this chapter that have not been claimed for a period of 5 years
3882after the date of deposit shall make at least one reasonable
3883attempt to deliver such unclaimed funds to the purchaser who
3884submitted such funds to escrow. In making such attempt, an
3885escrow agent is entitled to rely on a purchaser's last known
3886address as set forth in the books and records of the escrow
3887agent and is not required to conduct any further search for the
3888purchaser. If an escrow agent's attempt to deliver unclaimed
3889funds to any purchaser is unsuccessful, the escrow agent may
3890deliver such unclaimed funds to the division and the division
3891shall deposit such unclaimed funds in the Division of Florida
3892Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3893Fund, 30 days after giving notice in a publication of general
3894circulation in the county in which the timeshare property
3895containing the purchaser's timeshare interest is located. The
3896purchaser may claim the same at any time prior to the delivery
3897of such funds to the division. After delivery of such funds to
3898the division, the purchaser shall have no more rights to the
3899unclaimed funds. The escrow agent shall not be liable for any
3900claims from any party arising out of the escrow agent's delivery
3901of the unclaimed funds to the division pursuant to this section.
3902     Section 66.  Section 721.26, Florida Statutes, is amended
3903to read:
3904     721.26  Regulation by division.--The division has the power
3905to enforce and ensure compliance with the provisions of this
3906chapter, except for parts III and IV, using the powers provided
3907in this chapter, as well as the powers prescribed in chapters
3908498, 718, and 719. In performing its duties, the division shall
3909have the following powers and duties:
3910     (1)  To aid in the enforcement of this chapter, or any
3911division rule adopted or order promulgated or issued pursuant to
3912this chapter, the division may make necessary public or private
3913investigations within or outside this state to determine whether
3914any person has violated or is about to violate this chapter, or
3915any division rule adopted or order promulgated or issued
3916pursuant to this chapter.
3917     (2)  The division may require or permit any person to file
3918a written statement under oath or otherwise, as the division
3919determines, as to the facts and circumstances concerning a
3920matter under investigation.
3921     (3)  For the purpose of any investigation under this
3922chapter, the director of the division or any officer or employee
3923designated by the director may administer oaths or affirmations,
3924subpoena witnesses and compel their attendance, take evidence,
3925and require the production of any matter which is relevant to
3926the investigation, including the identity, existence,
3927description, nature, custody, condition, and location of any
3928books, documents, or other tangible things and the identity and
3929location of persons having knowledge of relevant facts or any
3930other matter reasonably calculated to lead to the discovery of
3931material evidence. Failure to obey a subpoena or to answer
3932questions propounded by the investigating officer and upon
3933reasonable notice to all persons affected thereby shall be a
3934violation of this chapter. In addition to the other enforcement
3935powers authorized in this subsection, the division may, at its
3936discretion, apply to the circuit court for an order compelling
3937compliance.
3938     (4)  The division may prepare and disseminate a prospectus
3939and other information to assist prospective purchasers, sellers,
3940and managing entities of timeshare plans in assessing the
3941rights, privileges, and duties pertaining thereto.
3942     (5)  Notwithstanding any remedies available to purchasers,
3943if the division has reasonable cause to believe that a violation
3944of this chapter, or of any division rule adopted or order
3945promulgated or issued pursuant to this chapter, has occurred,
3946the division may institute enforcement proceedings in its own
3947name against any regulated party, as such term is defined in
3948this subsection:
3949     (a)1.  "Regulated party," for purposes of this section,
3950means any developer, exchange company, seller, managing entity,
3951owners' association, owners' association director, owners'
3952association officer, manager, management firm, escrow agent,
3953trustee, any respective assignees or agents, or any other person
3954having duties or obligations pursuant to this chapter.
3955     2.  Any person who materially participates in any offer or
3956disposition of any interest in, or the management or operation
3957of, a timeshare plan in violation of this chapter or relevant
3958rules involving fraud, deception, false pretenses,
3959misrepresentation, or false advertising or the disbursement,
3960concealment, or diversion of any funds or assets, which conduct
3961adversely affects the interests of a purchaser, and which person
3962directly or indirectly controls a regulated party or is a
3963general partner, officer, director, agent, or employee of such
3964regulated party, shall be jointly and severally liable under
3965this subsection with such regulated party, unless such person
3966did not know, and in the exercise of reasonable care could not
3967have known, of the existence of the facts giving rise to the
3968violation of this chapter. A right of contribution shall exist
3969among jointly and severally liable persons pursuant to this
3970paragraph.
3971     (b)  The division may permit any person whose conduct or
3972actions may be under investigation to waive formal proceedings
3973and enter into a consent proceeding whereby an order, rule, or
3974letter of censure or warning, whether formal or informal, may be
3975entered against that person.
3976     (c)  The division may issue an order requiring a regulated
3977party to cease and desist from an unlawful practice under this
3978chapter and take such affirmative action as in the judgment of
3979the division will carry out the purposes of this chapter.
3980     (d)1.  The division may bring an action in circuit court
3981for declaratory or injunctive relief or for other appropriate
3982relief, including restitution.
3983     2.  The division shall have broad authority and discretion
3984to petition the circuit court to appoint a receiver with respect
3985to any managing entity which fails to perform its duties and
3986obligations under this chapter with respect to the operation of
3987a timeshare plan. The circumstances giving rise to an
3988appropriate petition for receivership under this subparagraph
3989include, but are not limited to:
3990     a.  Damage to or destruction of any of the accommodations
3991or facilities of a timeshare plan, where the managing entity has
3992failed to repair or reconstruct same.
3993     b.  A breach of fiduciary duty by the managing entity,
3994including, but not limited to, undisclosed self-dealing or
3995failure to timely assess, collect, or disburse the common
3996expenses of the timeshare plan.
3997     c.  Failure of the managing entity to operate the timeshare
3998plan in accordance with the timeshare instrument and this
3999chapter.
4000
4001If, under the circumstances, it appears that the events giving
4002rise to the petition for receivership cannot be reasonably and
4003timely corrected in a cost-effective manner consistent with the
4004timeshare instrument, the receiver may petition the circuit
4005court to implement such amendments or revisions to the timeshare
4006instrument as may be necessary to enable the managing entity to
4007resume effective operation of the timeshare plan, or to enter an
4008order terminating the timeshare plan, or to enter such further
4009orders regarding the disposition of the timeshare property as
4010the court deems appropriate, including the disposition and sale
4011of the timeshare property held by the owners' association or the
4012purchasers. In the event of a receiver's sale, all rights,
4013title, and interest held by the owners' association or any
4014purchaser shall be extinguished and title shall vest in the
4015buyer. This provision applies to timeshare estates, personal
4016property timeshare interests, and timeshare licenses. All
4017reasonable costs and fees of the receiver relating to the
4018receivership shall become common expenses of the timeshare plan
4019upon order of the court.
4020     3.  The division may revoke its approval of any filing for
4021any timeshare plan for which a petition for receivership has
4022been filed pursuant to this paragraph.
4023     (e)1.  The division may impose a penalty against any
4024regulated party for a violation of this chapter or any rule
4025adopted thereunder. A penalty may be imposed on the basis of
4026each day of continuing violation, but in no event may the
4027penalty for any offense exceed $10,000. All accounts collected
4028shall be deposited with the Chief Financial Officer to the
4029credit of the Division of Florida Land Sales, Condominiums,
4030Timeshares, and Mobile Homes Trust Fund.
4031     2.a.  If a regulated party fails to pay a penalty, the
4032division shall thereupon issue an order directing that such
4033regulated party cease and desist from further operation until
4034such time as the penalty is paid; or the division may pursue
4035enforcement of the penalty in a court of competent jurisdiction.
4036     b.  If an owners' association or managing entity fails to
4037pay a civil penalty, the division may pursue enforcement in a
4038court of competent jurisdiction.
4039     (f)  In order to permit the regulated party an opportunity
4040either to appeal such decision administratively or to seek
4041relief in a court of competent jurisdiction, the order imposing
4042the penalty or the cease and desist order shall not become
4043effective until 20 days after the date of such order.
4044     (g)  Any action commenced by the division shall be brought
4045in the county in which the division has its executive offices or
4046in the county where the violation occurred.
4047     (h)  Notice to any regulated party shall be complete when
4048delivered by United States mail, return receipt requested, to
4049the party's address currently on file with the division or to
4050such other address at which the division is able to locate the
4051party. Every regulated party has an affirmative duty to notify
4052the division of any change of address at least 5 business days
4053prior to such change.
4054     (6)  The division has authority to adopt rules pursuant to
4055ss. 120.536(1) and 120.54 to implement and enforce the
4056provisions of this chapter.
4057     (7)(a)  The use of any unfair or deceptive act or practice
4058by any person in connection with the sales or other operations
4059of an exchange program or timeshare plan is a violation of this
4060chapter.
4061     (b)  Any violation of the Florida Deceptive and Unfair
4062Trade Practices Act, ss. 501.201 et seq., relating to the
4063creation, promotion, sale, operation, or management of any
4064timeshare plan shall also be a violation of this chapter.
4065     (c)  The division may is authorized to institute
4066proceedings against any such person and take any appropriate
4067action authorized in this section in connection therewith,
4068notwithstanding any remedies available to purchasers.
4069     (8)  The failure of any person to comply with any order of
4070the division is a violation of this chapter.
4071     Section 67.  Section 721.28, Florida Statutes, is amended
4072to read:
4073     721.28  Division of Florida Land Sales, Condominiums,
4074Timeshares, and Mobile Homes Trust Fund.--All funds collected by
4075the division and any amounts paid as fees or penalties under
4076this chapter shall be deposited in the State Treasury to the
4077credit of the Division of Florida Land Sales, Condominiums,
4078Timeshares, and Mobile Homes Trust Fund created by s. 718.509
4079498.019.
4080     Section 68.  Paragraph (c) of subsection (1) of section
4081721.301, Florida Statutes, is amended to read:
4082     721.301  Florida Timesharing, Vacation Club, and
4083Hospitality Program.--
4084     (1)
4085     (c)  The director may designate funds from the Division of
4086Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
4087Trust Fund, not to exceed $50,000 annually, to support the
4088projects and proposals undertaken pursuant to paragraph (b). All
4089state trust funds to be expended pursuant to this section must
4090be matched equally with private moneys and shall comprise no
4091more than half of the total moneys expended annually.
4092     Section 69.  Section 721.50, Florida Statutes, is amended
4093to read:
4094     721.50  Short title.--This part may be cited as the
4095"McAllister Act" in recognition and appreciation for the years
4096of extraordinary and insightful contributions by Mr. Bryan C.
4097McAllister, Examinations Supervisor of the former, Division of
4098Florida Land Sales, Condominiums, and Mobile Homes.
4099     Section 70.  Subsection (1) of section 723.003, Florida
4100Statutes, is amended to read:
4101     723.003  Definitions.--As used in this chapter, the
4102following words and terms have the following meanings unless
4103clearly indicated otherwise:
4104     (1)  The term "division" means the Division of Florida Land
4105Sales, Condominiums, Timeshares, and Mobile Homes of the
4106Department of Business and Professional Regulation.
4107     Section 71.  Paragraph (e) of subsection (5) of section
4108723.006, Florida Statutes, is amended to read:
4109     723.006  Powers and duties of division.--In performing its
4110duties, the division has the following powers and duties:
4111     (5)  Notwithstanding any remedies available to mobile home
4112owners, mobile home park owners, and homeowners' associations,
4113if the division has reasonable cause to believe that a violation
4114of any provision of this chapter or related any rule promulgated
4115pursuant hereto has occurred, the division may institute
4116enforcement proceedings in its own name against a developer,
4117mobile home park owner, or homeowners' association, or its
4118assignee or agent, as follows:
4119     (e)1.  The division may impose a civil penalty against a
4120mobile home park owner or homeowners' association, or its
4121assignee or agent, for any violation of this chapter, a properly
4122adopted promulgated park rule or regulation, or a rule adopted
4123or regulation promulgated pursuant hereto. A penalty may be
4124imposed on the basis of each separate violation and, if the
4125violation is a continuing one, for each day of continuing
4126violation, but in no event may the penalty for each separate
4127violation or for each day of continuing violation exceed $5,000.
4128All amounts collected shall be deposited with the Chief
4129Financial Officer to the credit of the Division of Florida Land
4130Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
4131     2.  If a violator fails to pay the civil penalty, the
4132division shall thereupon issue an order directing that such
4133violator cease and desist from further violation until such time
4134as the civil penalty is paid or may pursue enforcement of the
4135penalty in a court of competent jurisdiction. If a homeowners'
4136association fails to pay the civil penalty, the division shall
4137thereupon pursue enforcement in a court of competent
4138jurisdiction, and the order imposing the civil penalty or the
4139cease and desist order shall not become effective until 20 days
4140after the date of such order. Any action commenced by the
4141division shall be brought in the county in which the division
4142has its executive offices or in which the violation occurred.
4143     Section 72.  Section 723.009, Florida Statutes, is amended
4144to read:
4145     723.009  Division of Florida Land Sales, Condominiums,
4146Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4147fees, penalties, and fines imposed pursuant to this chapter
4148shall be deposited into the Division of Florida Land Sales,
4149Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4150s. 718.509 498.019. Moneys in this fund, as appropriated by the
4151Legislature pursuant to chapter 216, may be used to defray the
4152expenses incurred by the division in administering the
4153provisions of this chapter.
4154     Section 73.  Paragraph (c) of subsection (2) of section
4155723.0611, Florida Statutes, is amended to read:
4156     723.0611  Florida Mobile Home Relocation Corporation.--
4157     (2)
4158     (c)  The corporation shall, for purposes of s. 768.28, be
4159considered an agency of the state. Agents or employees of the
4160corporation, members of the board of directors of the
4161corporation, or representatives of the Division of Florida Land
4162Sales, Condominiums, Timeshares, and Mobile Homes shall be
4163considered officers, employees, or agents of the state, and
4164actions against them and the corporation shall be governed by s.
4165768.28.
4166     Section 74.  Except as otherwise expressly provided in this
4167act, this act shall take effect July 1, 2008.


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