November 26, 2020
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CS/CS/HB 601

1
A bill to be entitled
2An act relating to the Department of Business and
3Professional Regulation; amending s. 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. 489.1425,
123F.S.; providing an exemption from the written notice
124requirement; amending s. 20.165, F.S.; changing the name
125of the Division of Florida Land Sales, Condominiums, and
126Mobile Homes to the Division of Florida Condominiums,
127Timeshares, and Mobile Homes and the Division of
128Technology, Licensure, and Testing to the Division of
129Technology; amending s. 215.20, F.S.; conforming the name
130of the division's trust fund to correspond to the name
131change of the division; amending s. 450.33, F.S.; removing
132the requirement for a farm labor contractor to file a set
133of fingerprints with the department; amending s. 455.203,
134F.S.; authorizing the department to close and terminate
135deficient license applications and to approve professional
136license applications meeting certain criteria; amending s.
137455.217, F.S.; conforming terminology to changes made by
138the act; amending s. 455.2273, F.S.; authorizing the
139section to apply to disciplinary guidelines adopted by all
140boards and divisions; amending s. 468.841, F.S.;
141clarifying exemption provisions for license provisions
142governing mold-related services; amending s. 475.17, F.S.;
143revising requirements for licensure as a real estate
144broker; amending s. 475.451, F.S.; deleting requirements
145relating to the submission of certain real estate course
146rosters to the department; amending s. 477.019, F.S.,
147relating to cosmetologists; allowing a student to apply
148for licensure examination prior to graduation and to
149practice prior to licensure; amending s. 489.105, F.S.;
150clarifying that individuals and business entities that
151sell manufactured and factory-built buildings can legally
152enter into contracts for those sales; amending s. 489.511,
153F.S.; revising requirements for taking the electrical or
154alarm system contractor certification examination;
155providing requirements for certification; amending s.
156489.515, F.S.; revising requirements for certification as
157a certified contractor by the Electrical Contractors'
158Licensing Board to reflect changes made to s. 489.511,
159F.S., by this act; renumbering s. 498.009, F.S., relating
160to the location of the division's offices; amending and
161renumbering s. 498.011, F.S., relating to payment of per
162diem, mileage, and other expenses for division employees;
163providing for reimbursement of expenses for on-site
164review; deleting the expense reimbursement for inspection
165of subdivided lands; renumbering s. 498.013, F.S.,
166relating to the authentication of records; amending and
167renumbering s. 498.057, F.S., relating to service of
168process; deleting provision that service may be made by
169delivering a copy of the process to the division director;
170providing that the division can be the petitioner or the
171plaintiff; repealing ss. 498.001, 498.003, 498.005,
172498.007, 498.017, 498.021, 498.022, 498.023, 498.024,
173498.025, 498.027, 498.028, 498.029, 498.031, 498.033,
174498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
175498.051, 498.053, 498.059, 498.061, and 498.063, F.S.,
176relating to regulation of land sales practices; amending
177s. 548.0065, F.S.; including amateur mixed martial arts in
178a provision relating to the authority of the Florida State
179Boxing Commission to suspend amateur matches for violation
180of certain health and safety standards; amending s.
181548.008, F.S.; removing prohibition against holding
182amateur mixed martial arts matches in this state; amending
183s. 548.041, F.S.; providing additional licensure
184requirements for boxing participants; amending s. 718.501,
185F.S.; providing additional powers and duties of the
186division; providing for additional enforcement proceedings
187for carrying out the purposes of ch. 718, F.S.; deleting
188the payment of money by a developer to a condominium
189association as a permissible affirmative action; providing
190for actions of conservator or receiver; providing for
191application to circuit court for an order of restitution;
192providing for imposition of civil penalties and award of
193court costs, attorney's fees, and costs of investigation
194under certain circumstances; providing for contracting for
195investigative services; providing for acceptance of
196grants-in-aid; requiring the cooperation with similar
197agencies on establishment of certain procedures,
198standards, and forms; providing what constitutes
199completeness of notice; authorizing the division to issue
200a notice to show cause; providing conforming changes;
201amending s. 718.509, F.S., and transferring, renumbering,
202and amending s. 498.019, F.S.; consolidating and revising
203provisions relating to the creation, purposes, and sources
204of funds of the Division of Florida Condominiums,
205Timeshares, and Mobile Homes Trust Fund; revising
206provisions to conform to the change in division name;
207providing for the deposit of moneys resulting from an
208administrative final order; amending s. 721.03, F.S.;
209clarifying that timeshare plan includes a nonspecific
210multisite timeshare plan; amending ss. 73.073, 190.009,
211192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
212380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
213517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
214718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
215719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
216720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
217721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
218conform; providing effective dates.
219
220Be It Enacted by the Legislature of the State of Florida:
221
222     Section 1.  Subsection (11) of section 718.111, Florida
223Statutes, is amended to read:
224     718.111  The association.--
225     (11)  INSURANCE.--In order to protect the safety, health,
226and welfare of the people of the State of Florida and to ensure
227consistency in the provision of insurance coverage to
228condominiums and their unit owners, this subsection applies
229paragraphs (a), (b), and (c) are deemed to apply to every
230residential condominium in the state, regardless of the date of
231its declaration of condominium. It is the intent of the
232Legislature to encourage lower or stable insurance premiums for
233associations described in this subsection section.
234     (a)  Adequate hazard insurance, regardless of any
235requirement in the declaration of condominium for coverage by
236the association for full insurable value, replacement cost, or
237similar coverage, shall be based upon the replacement cost of
238the property to be insured as determined by an independent
239insurance appraisal or update of a prior appraisal. The full
240insurable value shall be determined at least once every 36
241months.
242     1.  An association or group of associations may provide
243adequate hazard insurance through a self-insurance fund that
244complies with the requirements of ss. 624.460-624.488.
245     2.  The association may also provide adequate hazard
246insurance coverage for a group of no fewer than three
247communities created and operating under this chapter, chapter
248719, chapter 720, or chapter 721 by obtaining and maintaining
249for such communities insurance coverage sufficient to cover an
250amount equal to the probable maximum loss for the communities
251for a 250-year windstorm event. Such probable maximum loss must
252be determined through the use of a competent model that has been
253accepted by the Florida Commission on Hurricane Loss Projection
254Methodology. No policy or program providing such coverage shall
255be issued or renewed after July 1, 2008, unless it has been
256reviewed and approved by the Office of Insurance Regulation.
257 The review and approval shall include approval of the policy
258and related forms pursuant to ss. 627.410 and 627.411, approval
259of the rates pursuant to s. 627.062, a determination that the
260loss model approved by the Commission was accurately and
261appropriately applied to the insured structures to determine the
262250-year probable maximum loss, and a determination that
263complete and  accurate disclosure of all material provisions is
264provided to condominium unit owners prior to execution of the
265agreement by a condominium association.
266     3.  When determining the adequate amount of hazard
267insurance coverage, the association may consider deductibles as
268determined by this subsection.
269     (b)  If an association is a developer-controlled
270association, the association shall exercise its best efforts to
271obtain and maintain insurance as described in paragraph (a).
272Failure to obtain and maintain adequate hazard insurance during
273any period of developer control constitutes a breach of
274fiduciary responsibility by the developer-appointed members of
275the board of directors of the association, unless the members
276can show that despite such failure, they have made their best
277efforts to maintain the required coverage.
278     (c)  Policies may include deductibles as determined by the
279board.
280     1.  The deductibles shall be consistent with industry
281standards and prevailing practice for communities of similar
282size and age, and having similar construction and facilities in
283the locale where the condominium property is situated.
284     2.  The deductibles may be based upon available funds,
285including reserve accounts, or predetermined assessment
286authority at the time the insurance is obtained.
287     3.  The board shall establish the amount of deductibles
288based upon the level of available funds and predetermined
289assessment authority at a meeting of the board. Such meeting
290shall be open to all unit owners in the manner set forth in s.
291718.112(2)(e). The notice of such meeting must state the
292proposed deductible and the available funds and the assessment
293authority relied upon by the board and estimate any potential
294assessment amount against each unit, if any. The meeting
295described in this paragraph may be held in conjunction with a
296meeting to consider the proposed budget or an amendment thereto.
297     (d)  An association controlled by unit owners operating as
298a residential condominium shall use its best efforts to obtain
299and maintain adequate insurance to protect the association, the
300association property, the common elements, and the condominium
301property that is required to be insured by the association
302pursuant to this subsection.
303     (e)  The declaration of condominium as originally recorded,
304or as amended pursuant to procedures provided therein, may
305provide that condominium property consisting of freestanding
306buildings comprised of no more than one building in or on such
307unit need not be insured by the association if the declaration
308requires the unit owner to obtain adequate insurance for the
309condominium property. An association may also obtain and
310maintain liability insurance for directors and officers,
311insurance for the benefit of association employees, and flood
312insurance for common elements, association property, and units.
313     (f)  Every hazard insurance policy issued or renewed on or
314after January 1, 2009, for the purpose of protecting the
315condominium shall provide primary coverage for:
316     1.  All portions of the condominium property as originally
317installed or replacement of like kind and quality, in accordance
318with the original plans and specifications.
319     2.  All alterations or additions made to the condominium
320property or association property pursuant to s. 718.113(2).
321     3.  The coverage shall exclude all personal property within
322the unit or limited common elements, and floor, wall, and
323ceiling coverings, electrical fixtures, appliances, water
324heaters, water filters, built-in cabinets and countertops, and
325window treatments, including curtains, drapes, blinds, hardware,
326and similar window treatment components, or replacements of any
327of the foregoing.
328     (g)  Every hazard insurance policy issued or renewed on or
329after January 1, 2009, to an individual unit owner must contain
330a provision stating that the coverage afforded by such policy is
331excess coverage over the amount recoverable under any other
332policy covering the same property. Such policies must include
333special assessment coverage of no less than $2,000 per
334occurrence. An insurance policy issued to an individual unit
335owner providing such coverage does not provide rights of
336subrogation against the condominium association operating the
337condominium in which such individual's unit is located.
338     1.  All improvements or additions to the condominium
339property that benefit fewer than all unit owners shall be
340insured by the unit owner or owners having the use thereof, or
341may be insured by the association at the cost and expense of the
342unit owners having the use thereof.
343     2.  The association shall require each owner to provide
344evidence of a currently effective policy of hazard and liability
345insurance upon request, but not more than once per year. Upon
346the failure of an owner to provide a certificate of insurance
347issued by an insurer approved to write such insurance in this
348state within 30 days after the date on which a written request
349is delivered, the association may purchase a policy of insurance
350on behalf of an owner. The cost of such a policy, together with
351reconstruction costs undertaken by the association but which are
352the responsibility of the unit owner, may be collected in the
353manner provided for the collection of assessments in s. 718.116.
354     3.  All reconstruction work after a casualty loss shall be
355undertaken by the association except as otherwise authorized in
356this section. A unit owner may undertake reconstruction work on
357portions of the unit with the prior written consent of the board
358of administration. However, such work may be conditioned upon
359the approval of the repair methods, the qualifications of the
360proposed contractor, or the contract that is used for that
361purpose. A unit owner shall obtain all required governmental
362permits and approvals prior to commencing reconstruction.
363     4.  Unit owners are responsible for the cost of
364reconstruction of any portions of the condominium property for
365which the unit owner is required to carry casualty insurance,
366and any such reconstruction work undertaken by the association
367shall be chargeable to the unit owner and enforceable as an
368assessment pursuant to s. 718.116. The association must be an
369additional named insured and loss payee on all casualty
370insurance policies issued to unit owners in the condominium
371operated by the association.
372     5.  A multicondominium association may elect, by a majority
373vote of the collective members of the condominiums operated by
374the association, to operate such condominiums as a single
375condominium for purposes of insurance matters, including, but
376not limited to, the purchase of the hazard insurance required by
377this section and the apportionment of deductibles and damages in
378excess of coverage. The election to aggregate the treatment of
379insurance premiums, deductibles, and excess damages constitutes
380an amendment to the declaration of all condominiums operated by
381the association, and the costs of insurance shall be stated in
382the association budget. The amendments shall be recorded as
383required by s. 718.110.
384     (h)  The association shall maintain insurance or fidelity
385bonding of all persons who control or disburse funds of the
386association. The insurance policy or fidelity bond must cover
387the maximum funds that will be in the custody of the association
388or its management agent at any one time. As used in this
389paragraph, the term "persons who control or disburse funds of
390the association" includes, but is not limited to, those
391individuals authorized to sign checks on behalf of the
392association, and the president, secretary, and treasurer of the
393association. The association shall bear the cost of any such
394bonding.
395     (i)  The association may amend the declaration of
396condominium without regard to any requirement for approval by
397mortgagees of amendments affecting insurance requirements for
398the purpose of conforming the declaration of condominium to the
399coverage requirements of this subsection.
400     (j)  Any portion of the condominium property required to be
401insured by the association against casualty loss pursuant to
402paragraph (f) which is damaged by casualty shall be
403reconstructed, repaired, or replaced as necessary by the
404association as a common expense. All hazard insurance
405deductibles, uninsured losses, and other damages in excess of
406hazard insurance coverage under the hazard insurance policies
407maintained by the association are a common expense of the
408condominium, except that:
409     1.  A unit owner is responsible for the costs of repair or
410replacement of any portion of the condominium property not paid
411by insurance proceeds, if such damage is caused by intentional
412conduct, negligence, or failure to comply with the terms of the
413declaration or the rules of the association by a unit owner, the
414members of his or her family, unit occupants, tenants, guests,
415or invitees, without compromise of the subrogation rights of any
416insurer as set forth in paragraph (g).
417     2.  The provisions of subparagraph 1. regarding the
418financial responsibility of a unit owner for the costs of
419repairing or replacing other portions of the condominium
420property also applies to the costs of repair or replacement of
421personal property of other unit owners or the association, as
422well as other property, whether real or personal, which the unit
423owners are required to insure under paragraph (g).
424     3.  To the extent the cost of repair or reconstruction for
425which the unit owner is responsible under this paragraph is
426reimbursed to the association by insurance proceeds, and, to the
427extent the association has collected the cost of such repair or
428reconstruction from the unit owner, the association shall
429reimburse the unit owner without the waiver of any rights of
430subrogation.
431     4.  The association is not obligated to pay for repair or
432reconstruction or repairs of casualty losses as a common expense
433if the casualty losses were known or should have been known to a
434unit owner and were not reported to the association until after
435the insurance claim of the association for that casualty was
436settled or resolved with finality, or denied on the basis that
437it was untimely filed.
438     (k)  An association may, upon the approval of a majority of
439the total voting interests in the association, opt out of the
440provisions of paragraph (j) for the allocation of repair or
441reconstruction expenses and allocate repair or reconstruction
442expenses in the manner provided in the declaration as originally
443recorded or as amended. Such vote may be approved by the voting
444interests of the association without regard to any mortgagee
445consent requirements.
446     (l)  In a multicondominium association that has not
447consolidated its financial operations under s. 718.111(6), any
448condominium operated by the association may opt out of the
449provisions of paragraph (j) with the approval of a majority of
450the total voting interests in that condominium. Such vote may be
451approved by the voting interests without regard to any mortgagee
452consent requirements.
453     (m)  Any association or condominium voting to opt out of
454the guidelines for repair or reconstruction expenses as
455described in paragraph (j) must record a notice setting forth
456the date of the opt-out vote and the page of the official
457records book on which the declaration is recorded. The decision
458to opt out is effective upon the date of recording of the notice
459in the public records by the association. An association that
460has voted to opt out of paragraph (j) may reverse that decision
461by the same vote required in paragraphs (k) and (l), and notice
462thereof shall be recorded in the official records.
463     (n)  The association is not obligated to pay for any
464reconstruction or repair expenses due to casualty loss to any
465improvements installed by a current or former owner of the unit
466or by the developer if the improvement benefits only the unit
467for which it was installed and is not part of the standard
468improvements installed by the developer on all units as part of
469original construction, whether or not such improvement is
470located within the unit. This paragraph does not relieve any
471party of its obligations regarding recovery due under any
472insurance implemented specifically for any such improvements.
473     (o)  The provisions of this subsection shall not apply to
474timeshare condominium associations.  Insurance for timeshare
475condominium associations shall be maintained pursuant to s.
476721.165. Therefore, the Legislature requires a report to be
477prepared by the Office of Insurance Regulation of the Department
478of Financial Services for publication 18 months from the
479effective date of this act, evaluating premium increases or
480decreases for associations, unit owner premium increases or
481decreases, recommended changes to better define common areas, or
482any other information the Office of Insurance Regulation deems
483appropriate.
484     (a)  A unit-owner controlled association operating a
485residential condominium shall use its best efforts to obtain and
486maintain adequate insurance to protect the association, the
487association property, the common elements, and the condominium
488property required to be insured by the association pursuant to
489paragraph (b). If the association is developer controlled, the
490association shall exercise due diligence to obtain and maintain
491such insurance. Failure to obtain and maintain adequate
492insurance during any period of developer control shall
493constitute a breach of fiduciary responsibility by the
494developer-appointed members of the board of directors of the
495association, unless said members can show that despite such
496failure, they have exercised due diligence. The declaration of
497condominium as originally recorded, or amended pursuant to
498procedures provided therein, may require that condominium
499property consisting of freestanding buildings where there is no
500more than one building in or on such unit need not be insured by
501the association if the declaration requires the unit owner to
502obtain adequate insurance for the condominium property. An
503association may also obtain and maintain liability insurance for
504directors and officers, insurance for the benefit of association
505employees, and flood insurance for common elements, association
506property, and units. Adequate insurance, regardless of any
507requirement in the declaration of condominium for coverage by
508the association for "full insurable value," "replacement cost,"
509or the like, may include reasonable deductibles as determined by
510the board based upon available funds or predetermined assessment
511authority at the time that the insurance is obtained.
512     1.  Windstorm insurance coverage for a group of no fewer
513than three communities created and operating under this chapter,
514chapter 719, chapter 720, or chapter 721 may be obtained and
515maintained for the communities if the insurance coverage is
516sufficient to cover an amount equal to the probable maximum loss
517for the communities for a 250-year windstorm event. Such
518probable maximum loss must be determined through the use of a
519competent model that has been accepted by the Florida Commission
520on Hurricane Loss Projection Methodology. Such insurance
521coverage is deemed adequate windstorm insurance for the purposes
522of this section.
523     2.  An association or group of associations may self-insure
524against claims against the association, the association
525property, and the condominium property required to be insured by
526an association, upon compliance with the applicable provisions
527of ss. 624.460-624.488, which shall be considered adequate
528insurance for the purposes of this section. A copy of each
529policy of insurance in effect shall be made available for
530inspection by unit owners at reasonable times.
531     (b)  Every hazard insurance policy issued or renewed on or
532after January 1, 2004, to protect the condominium shall provide
533primary coverage for:
534     1.  All portions of the condominium property located
535outside the units;
536     2.  The condominium property located inside the units as
537such property was initially installed, or replacements thereof
538of like kind and quality and in accordance with the original
539plans and specifications or, if the original plans and
540specifications are not available, as they existed at the time
541the unit was initially conveyed; and
542     3.  All portions of the condominium property for which the
543declaration of condominium requires coverage by the association.
544
545Anything to the contrary notwithstanding, the terms "condominium
546property," "building," "improvements," "insurable improvements,"
547"common elements," "association property," or any other term
548found in the declaration of condominium which defines the scope
549of property or casualty insurance that a condominium association
550must obtain shall exclude all floor, wall, and ceiling
551coverings, electrical fixtures, appliances, air conditioner or
552heating equipment, water heaters, water filters, built-in
553cabinets and countertops, and window treatments, including
554curtains, drapes, blinds, hardware, and similar window treatment
555components, or replacements of any of the foregoing which are
556located within the boundaries of a unit and serve only one unit
557and all air conditioning compressors that service only an
558individual unit, whether or not located within the unit
559boundaries. The foregoing is intended to establish the property
560or casualty insuring responsibilities of the association and
561those of the individual unit owner and do not serve to broaden
562or extend the perils of coverage afforded by any insurance
563contract provided to the individual unit owner. Beginning
564January 1, 2004, the association shall have the authority to
565amend the declaration of condominium, without regard to any
566requirement for mortgagee approval of amendments affecting
567insurance requirements, to conform the declaration of
568condominium to the coverage requirements of this section.
569     (c)  Every hazard insurance policy issued or renewed on or
570after January 1, 2004, to an individual unit owner shall provide
571that the coverage afforded by such policy is excess over the
572amount recoverable under any other policy covering the same
573property. Each insurance policy issued to an individual unit
574owner providing such coverage shall be without rights of
575subrogation against the condominium association that operates
576the condominium in which such unit owner's unit is located. All
577real or personal property located within the boundaries of the
578unit owner's unit which is excluded from the coverage to be
579provided by the association as set forth in paragraph (b) shall
580be insured by the individual unit owner.
581     (d)  The association shall obtain and maintain adequate
582insurance or fidelity bonding of all persons who control or
583disburse funds of the association. The insurance policy or
584fidelity bond must cover the maximum funds that will be in the
585custody of the association or its management agent at any one
586time. As used in this paragraph, the term "persons who control
587or disburse funds of the association" includes, but is not
588limited to, those individuals authorized to sign checks and the
589president, secretary, and treasurer of the association. The
590association shall bear the cost of bonding.
591     Section 2.  Paragraph (a) of subsection (1) of section
592718.115, Florida Statutes, is amended to read:
593     718.115  Common expenses and common surplus.--
594     (1)(a)  Common expenses include the expenses of the
595operation, maintenance, repair, replacement, or protection of
596the common elements and association property, costs of carrying
597out the powers and duties of the association, and any other
598expense, whether or not included in the foregoing, designated as
599common expense by this chapter, the declaration, the documents
600creating the association, or the bylaws. Common expenses also
601include reasonable transportation services, insurance for
602directors and officers, road maintenance and operation expenses,
603in-house communications, and security services, which are
604reasonably related to the general benefit of the unit owners
605even if such expenses do not attach to the common elements or
606property of the condominium. However, such common expenses must
607either have been services or items provided on or after the date
608control of the association is transferred from the developer to
609the unit owners or must be services or items provided for in the
610condominium documents or bylaws. Unless the manner of payment or
611allocation of expenses is otherwise addressed in the declaration
612of condominium, the expenses of any items or services required
613by any federal, state, or local governmental entity to be
614installed, maintained, or supplied to the condominium property
615by the association, including, but not limited to, fire safety
616equipment or water and sewer service where a master meter serves
617the condominium, shall be common expenses whether or not such
618items or services are specifically identified as common expenses
619in the declaration of condominium, articles of incorporation, or
620bylaws of the association.
621     Section 3.  Subsection (8) of section 718.116, Florida
622Statutes, is amended to read:
623     718.116  Assessments; liability; lien and priority;
624interest; collection.--
625     (8)  Within 15 days after receiving a written request
626therefor from a unit owner or his or her designee purchaser, or  
627a unit mortgagee or his or her designee, the association shall
628provide a certificate signed by an officer or agent of the
629association stating all assessments and other moneys owed to the
630association by the unit owner with respect to the condominium
631parcel.
632     (a)  Any person other than the owner who relies upon such
633certificate shall be protected thereby.
634     (b)  A summary proceeding pursuant to s. 51.011 may be
635brought to compel compliance with this subsection, and in any
636such action the prevailing party is entitled to recover
637reasonable attorney's fees.
638     (c)  Notwithstanding any limitation on transfer fees
639contained in s. 718.112(2)(i), the association or its authorized
640agent may charge a reasonable fee for the preparation of the
641certificate. The amount of the fee must be included on the
642certificate.
643     (d)  The authority to charge a fee for the certificate
644shall be established by a written resolution adopted by the
645board or provided by a written management, bookkeeping, or
646maintenance contract and is payable upon the preparation of the
647certificate. If the certificate is requested in conjunction with
648the sale or mortgage of a unit but the closing does not occur
649and no later than 30 days after the closing date for which the
650certificate was sought the preparer receives a written request,
651accompanied by reasonable documentation, that the sale did not
652occur from a payer that is not the unit owner, the fee shall be
653refunded to that payer within 30 days after receipt of the
654request. The refund is the obligation of the unit owner, and the
655association may collect it from that owner in the same manner as
656an assessment as provided in this section.
657     Section 4.  Paragraph (c) of subsection (17) of section
658718.117, Florida Statutes, is amended to read:
659     718.117  Termination of condominium.--
660     (17)  DISTRIBUTION.--
661     (c)  The proceeds from any sale of condominium property or
662association property and any remaining condominium property or
663association property, common surplus, and other assets shall be
664distributed in the following priority:
665     1.  To pay the reasonable termination trustee's fees and
666costs and accounting fees and costs.
667     2.  To lienholders of liens recorded prior to the recording
668of the declaration.
669     3.  To purchase-money lienholders on units to the extent
670necessary to satisfy their liens; however, the distribution may
671not exceed a unit owner's share of the proceeds.
672     4.  To lienholders of liens of the association which have
673been consented to under s. 718.121(1).
674     5.  To creditors of the association, as their interests
675appear.
676     6.  To unit owners, the proceeds of any sale of condominium
677property subject to satisfaction of liens on each unit in their
678order of priority, in shares specified in the plan of
679termination, unless objected to by a unit owner or lienor as
680provided in paragraph (b).
681     7.  To unit owners, the remaining condominium property,
682subject to satisfaction of liens on each unit in their order of
683priority, in shares specified in the plan of termination, unless
684objected to by a unit owner or a lienor as provided in paragraph
685(b).
686     8.  To unit owners, the proceeds of any sale of association
687property, the remaining association property, common surplus,
688and other assets of the association, subject to satisfaction of
689liens on each unit in their order of priority, in shares
690specified in the plan of termination, unless objected to by a
691unit owner or a lienor as provided in paragraph (b).
692     Section 5.  Section 720.30851, Florida Statutes, is created
693to read:
694     720.30851  Estoppel certificates.--Within 15 days after the
695date on which a request for an estoppel certificate is received
696from a parcel owner or mortgagee, or his or her designee, the
697association shall provide a certificate signed by an officer or
698authorized agent of the association stating all assessments and
699other moneys owed to the association by the parcel owner or
700mortgagee with respect to the parcel. An association may charge
701a fee for the preparation of such certificate, and the amount of
702such fee must be stated on the certificate.
703     (1)  Any person other than a parcel owner who relies upon a
704certificate receives the benefits and protection thereof.
705     (2)  A summary proceeding pursuant to s. 51.011 may be
706brought to compel compliance with this section, and the
707prevailing party is entitled to recover reasonable attorney's
708fees.
709     (3)  The authority to charge a fee for the certificate
710shall be established by a written resolution adopted by the
711board or provided by a written management, bookkeeping, or
712maintenance contract and is payable upon the preparation of the
713certificate. If the certificate is requested in conjunction with
714the sale or mortgage of a parcel but the closing does not occur
715and no later than 30 days after the closing date for which the
716certificate was sought the preparer receives a written request,
717accompanied by reasonable documentation, that the sale did not
718occur from a payer that is not the parcel owner, the fee shall
719be refunded to that payer within 30 days after receipt of the
720request. The refund is the obligation of the parcel owner, and
721the association may collect it from that owner in the same
722manner as an assessment as provided in this section.
723     Section 6.  Subsection (3) is added to section 489.1425,
724Florida Statutes, to read:
725     489.1425  Duty of contractor to notify residential property
726owner of recovery fund.--
727     (3)  A business organization is exempt from the written
728statement in this section if the business organization, or its
729parent entity if the business organization is a wholly owned
730subsidiary, maintains a minimum net worth of $20 million.
731     Section 7.  Paragraphs (d) and (j) of subsection (2) of
732section 20.165, Florida Statutes, are amended to read:
733     20.165  Department of Business and Professional
734Regulation.--There is created a Department of Business and
735Professional Regulation.
736     (2)  The following divisions of the Department of Business
737and Professional Regulation are established:
738     (d)  Division of Florida Land Sales, Condominiums,
739Timeshares, and Mobile Homes.
740     (j)  Division of Technology, Licensure, and Testing.
741     Section 8.  Subsection (2) of section 73.073, Florida
742Statutes, is amended to read:
743     73.073  Eminent domain procedure with respect to
744condominium common elements.--
745     (2)  With respect to the exercise of eminent domain or a
746negotiated sale for the purchase or taking of a portion of the
747common elements of a condominium, the condemning authority shall
748have the responsibility of contacting the condominium
749association and acquiring the most recent rolls indicating the
750names of the unit owners or contacting the appropriate taxing
751authority to obtain the names of the owners of record on the tax
752rolls. Notification shall thereupon be sent by certified mail,
753return receipt requested, to the unit owners of record of the
754condominium units by the condemning authority indicating the
755intent to purchase or take the required property and requesting
756a response from the unit owner. The condemning authority shall
757be responsible for the expense of sending notification pursuant
758to this section. Such notice shall, at a minimum, include:
759     (a)  The name and address of the condemning authority.
760     (b)  A written or visual description of the property.
761     (c)  The public purpose for which the property is needed.
762     (d)  The appraisal value of the property.
763     (e)  A clear, concise statement relating to the unit
764owner's right to object to the taking or appraisal value and the
765procedures and effects of exercising that right.
766     (f)  A clear, concise statement relating to the power of
767the association to convey the property on behalf of the unit
768owners if no objection to the taking or appraisal value is
769raised, and the effects of this alternative on the unit owner.
770
771The Division of Florida Land Sales, Condominiums, Timeshares,
772and Mobile Homes of the Department of Business and Professional
773Regulation may adopt, by rule, a standard form for such notice
774and may require the notice to include any additional relevant
775information.
776     Section 9.  Subsections (2) and (3) of section 190.009,
777Florida Statutes, are amended to read:
778     190.009  Disclosure of public financing.--
779     (2)  The Division of Florida Land Sales, Condominiums, and
780Mobile Homes of the Department of Business and Professional
781Regulation shall ensure that disclosures made by developers
782pursuant to chapter 498 meet the requirements of subsection (1).
783     (2)(3)  The Department of Community Affairs shall keep a
784current list of districts and their disclosures pursuant to this
785act and shall make such studies and reports and take such
786actions as it deems necessary.
787     Section 10.  Paragraph (e) of subsection (6) of section
788192.037, Florida Statutes, is amended to read:
789     192.037  Fee timeshare real property; taxes and
790assessments; escrow.--
791     (6)
792     (e)  On or before May 1 of each year, a statement of
793receipts and disbursements of the escrow account must be filed
794with the Division of Florida Land Sales, Condominiums,
795Timeshares, and Mobile Homes of the Department of Business and
796Professional Regulation, which may enforce this paragraph
797pursuant to s. 721.26. This statement must appropriately show
798the amount of principal and interest in such account.
799     Section 11.  Paragraph (i) of subsection (8) of section
800213.053, Florida Statutes, is amended to read:
801     213.053  Confidentiality and information sharing.--
802     (8)  Notwithstanding any other provision of this section,
803the department may provide:
804     (i)  Information relative to chapters 212 and 326 to the
805Division of Florida Land Sales, Condominiums, Timeshares, and
806Mobile Homes of the Department of Business and Professional
807Regulation in the conduct of its official duties.
808
809Disclosure of information under this subsection shall be
810pursuant to a written agreement between the executive director
811and the agency. Such agencies, governmental or nongovernmental,
812shall be bound by the same requirements of confidentiality as
813the Department of Revenue. Breach of confidentiality is a
814misdemeanor of the first degree, punishable as provided by s.
815775.082 or s. 775.083.
816     Section 12.  Paragraph (d) of subsection (4) of section
817215.20, Florida Statutes, is amended to read:
818     215.20  Certain income and certain trust funds to
819contribute to the General Revenue Fund.--
820     (4)  The income of a revenue nature deposited in the
821following described trust funds, by whatever name designated, is
822that from which the appropriations authorized by subsection (3)
823shall be made:
824     (d)  Within the Department of Business and Professional
825Regulation:
826     1.  The Administrative Trust Fund.
827     2.  The Alcoholic Beverage and Tobacco Trust Fund.
828     3.  The Cigarette Tax Collection Trust Fund.
829     4.  The Division of Florida Land Sales, Condominiums,
830Timeshares, and Mobile Homes Trust Fund.
831     5.  The Hotel and Restaurant Trust Fund, with the exception
832of those fees collected for the purpose of funding of the
833hospitality education program as stated in s. 509.302.
834     6.  The Professional Regulation Trust Fund.
835     7.  The trust funds administered by the Division of Pari-
836mutuel Wagering.
837
838The enumeration of the foregoing moneys or trust funds shall not
839prohibit the applicability thereto of s. 215.24 should the
840Governor determine that for the reasons mentioned in s. 215.24
841the money or trust funds should be exempt herefrom, as it is the
842purpose of this law to exempt income from its force and effect
843when, by the operation of this law, federal matching funds or
844contributions or private grants to any trust fund would be lost
845to the state.
846     Section 13.  Subsection (2) of section 326.002, Florida
847Statutes, is amended to read:
848     326.002  Definitions.--As used in ss. 326.001-326.006, the
849term:
850     (2)  "Division" means the Division of Florida Land Sales,
851Condominiums, Timeshares, and Mobile Homes of the Department of
852Business and Professional Regulation.
853     Section 14.  Paragraph (d) of subsection (2) and subsection
854(3) of section 326.006, Florida Statutes, are amended to read:
855     326.006  Powers and duties of division.--
856     (2)  The division has the power to enforce and ensure
857compliance with the provisions of this chapter and rules adopted
858under this chapter relating to the sale and ownership of yachts
859and ships. In performing its duties, the division has the
860following powers and duties:
861     (d)  Notwithstanding any remedies available to a yacht or
862ship purchaser, if the division has reasonable cause to believe
863that a violation of any provision of this chapter or rule
864adopted under this chapter has occurred, the division may
865institute enforcement proceedings in its own name against any
866broker or salesperson or any of his or her assignees or agents,
867or against any unlicensed person or any of his or her assignees
868or agents, as follows:
869     1.  The division may permit a person whose conduct or
870actions are under investigation to waive formal proceedings and
871enter into a consent proceeding whereby orders, rules, or
872letters of censure or warning, whether formal or informal, may
873be entered against the person.
874     2.  The division may issue an order requiring the broker or
875salesperson or any of his or her assignees or agents, or
876requiring any unlicensed person or any of his or her assignees
877or agents, to cease and desist from the unlawful practice and
878take such affirmative action as in the judgment of the division
879will carry out the purposes of this chapter.
880     3.  The division may bring an action in circuit court on
881behalf of a class of yacht or ship purchasers for declaratory
882relief, injunctive relief, or restitution.
883     4.  The division may impose a civil penalty against a
884broker or salesperson or any of his or her assignees or agents,
885or against an unlicensed person or any of his or her assignees
886or agents, for any violation of this chapter or a rule adopted
887under this chapter. A penalty may be imposed for each day of
888continuing violation, but in no event may the penalty for any
889offense exceed $10,000. All amounts collected must be deposited
890with the Chief Financial Officer to the credit of the Division
891of Florida Land Sales, Condominiums, Timeshares, and Mobile
892Homes Trust Fund. If a broker, salesperson, or unlicensed person
893working for a broker, fails to pay the civil penalty, the
894division shall thereupon issue an order suspending the broker's
895license until such time as the civil penalty is paid or may
896pursue enforcement of the penalty in a court of competent
897jurisdiction. The order imposing the civil penalty or the order
898of suspension may not become effective until 20 days after the
899date of such order. Any action commenced by the division must be
900brought in the county in which the division has its executive
901offices or in the county where the violation occurred.
902     (3)  All fees must be deposited in the Division of Florida
903Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
904Fund as provided by law.
905     Section 15.  Subsection (18) of section 380.05, Florida
906Statutes, is amended to read:
907     380.05  Areas of critical state concern.--
908     (18)  Neither the designation of an area of critical state
909concern nor the adoption of any regulations for such an area
910shall in any way limit or modify the rights of any person to
911complete any development that was has been authorized by
912registration of a subdivision pursuant to former chapter 498 or
913former chapter 478, by recordation pursuant to local subdivision
914plat law, or by a building permit or other authorization to
915commence development on which there has been reliance and a
916change of position, and which registration or recordation was
917accomplished, or which permit or authorization was issued, prior
918to the approval under subsection (6), or the adoption under
919subsection (8), of land development regulations for the area of
920critical state concern. If a developer has by his or her actions
921in reliance on prior regulations obtained vested or other legal
922rights that in law would have prevented a local government from
923changing those regulations in a way adverse to the developer's
924interests, nothing in this chapter authorizes any governmental
925agency to abridge those rights.
926     Section 16.  Subsection (20) of section 380.06, Florida
927Statutes, is amended to read:
928     380.06  Developments of regional impact.--
929     (20)  VESTED RIGHTS.--Nothing in this section shall limit
930or modify the rights of any person to complete any development
931that was has been authorized by registration of a subdivision
932pursuant to former chapter 498, by recordation pursuant to local
933subdivision plat law, or by a building permit or other
934authorization to commence development on which there has been
935reliance and a change of position and which registration or
936recordation was accomplished, or which permit or authorization
937was issued, prior to July 1, 1973. If a developer has, by his or
938her actions in reliance on prior regulations, obtained vested or
939other legal rights that in law would have prevented a local
940government from changing those regulations in a way adverse to
941the developer's interests, nothing in this chapter authorizes
942any governmental agency to abridge those rights.
943     (a)  For the purpose of determining the vesting of rights
944under this subsection, approval pursuant to local subdivision
945plat law, ordinances, or regulations of a subdivision plat by
946formal vote of a county or municipal governmental body having
947jurisdiction after August 1, 1967, and prior to July 1, 1973, is
948sufficient to vest all property rights for the purposes of this
949subsection; and no action in reliance on, or change of position
950concerning, such local governmental approval is required for
951vesting to take place. Anyone claiming vested rights under this
952paragraph must so notify the department in writing by January 1,
9531986. Such notification shall include information adequate to
954document the rights established by this subsection. When such
955notification requirements are met, in order for the vested
956rights authorized pursuant to this paragraph to remain valid
957after June 30, 1990, development of the vested plan must be
958commenced prior to that date upon the property that the state
959land planning agency has determined to have acquired vested
960rights following the notification or in a binding letter of
961interpretation. When the notification requirements have not been
962met, the vested rights authorized by this paragraph shall expire
963June 30, 1986, unless development commenced prior to that date.
964     (b)  For the purpose of this act, the conveyance of, or the
965agreement to convey, property to the county, state, or local
966government as a prerequisite to zoning change approval shall be
967construed as an act of reliance to vest rights as determined
968under this subsection, provided such zoning change is actually
969granted by such government.
970     Section 17.  Paragraph (a) of subsection (4) of section
971380.0651, Florida Statutes, is amended to read:
972     380.0651  Statewide guidelines and standards.--
973     (4)  Two or more developments, represented by their owners
974or developers to be separate developments, shall be aggregated
975and treated as a single development under this chapter when they
976are determined to be part of a unified plan of development and
977are physically proximate to one other.
978     (a)  The criteria of two of the following subparagraphs
979must be met in order for the state land planning agency to
980determine that there is a unified plan of development:
981     1.a.  The same person has retained or shared control of the
982developments;
983     b.  The same person has ownership or a significant legal or
984equitable interest in the developments; or
985     c.  There is common management of the developments
986controlling the form of physical development or disposition of
987parcels of the development.
988     2.  There is a reasonable closeness in time between the
989completion of 80 percent or less of one development and the
990submission to a governmental agency of a master plan or series
991of plans or drawings for the other development which is
992indicative of a common development effort.
993     3.  A master plan or series of plans or drawings exists
994covering the developments sought to be aggregated which have
995been submitted to a local general-purpose government, water
996management district, the Florida Department of Environmental
997Protection, or the Division of Florida Land Sales, Condominiums,
998Timeshares, and Mobile Homes for authorization to commence
999development. The existence or implementation of a utility's
1000master utility plan required by the Public Service Commission or
1001general-purpose local government or a master drainage plan shall
1002not be the sole determinant of the existence of a master plan.
1003     4.  The voluntary sharing of infrastructure that is
1004indicative of a common development effort or is designated
1005specifically to accommodate the developments sought to be
1006aggregated, except that which was implemented because it was
1007required by a local general-purpose government; water management
1008district; the Department of Environmental Protection; the
1009Division of Florida Land Sales, Condominiums, Timeshares, and
1010Mobile Homes; or the Public Service Commission.
1011     5.  There is a common advertising scheme or promotional
1012plan in effect for the developments sought to be aggregated.
1013     Section 18.  Paragraph (c) of subsection (4) of section
1014381.0065, Florida Statutes, is amended to read:
1015     381.0065  Onsite sewage treatment and disposal systems;
1016regulation.--
1017     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1018not construct, repair, modify, abandon, or operate an onsite
1019sewage treatment and disposal system without first obtaining a
1020permit approved by the department. The department may issue
1021permits to carry out this section, but shall not make the
1022issuance of such permits contingent upon prior approval by the
1023Department of Environmental Protection, except that the issuance
1024of a permit for work seaward of the coastal construction control
1025line established under s. 161.053 shall be contingent upon
1026receipt of any required coastal construction control line permit
1027from the Department of Environmental Protection. A construction
1028permit is valid for 18 months from the issuance date and may be
1029extended by the department for one 90-day period under rules
1030adopted by the department. A repair permit is valid for 90 days
1031from the date of issuance. An operating permit must be obtained
1032prior to the use of any aerobic treatment unit or if the
1033establishment generates commercial waste. Buildings or
1034establishments that use an aerobic treatment unit or generate
1035commercial waste shall be inspected by the department at least
1036annually to assure compliance with the terms of the operating
1037permit. The operating permit for a commercial wastewater system
1038is valid for 1 year from the date of issuance and must be
1039renewed annually. The operating permit for an aerobic treatment
1040unit is valid for 2 years from the date of issuance and must be
1041renewed every 2 years. If all information pertaining to the
1042siting, location, and installation conditions or repair of an
1043onsite sewage treatment and disposal system remains the same, a
1044construction or repair permit for the onsite sewage treatment
1045and disposal system may be transferred to another person, if the
1046transferee files, within 60 days after the transfer of
1047ownership, an amended application providing all corrected
1048information and proof of ownership of the property. There is no
1049fee associated with the processing of this supplemental
1050information. A person may not contract to construct, modify,
1051alter, repair, service, abandon, or maintain any portion of an
1052onsite sewage treatment and disposal system without being
1053registered under part III of chapter 489. A property owner who
1054personally performs construction, maintenance, or repairs to a
1055system serving his or her own owner-occupied single-family
1056residence is exempt from registration requirements for
1057performing such construction, maintenance, or repairs on that
1058residence, but is subject to all permitting requirements. A
1059municipality or political subdivision of the state may not issue
1060a building or plumbing permit for any building that requires the
1061use of an onsite sewage treatment and disposal system unless the
1062owner or builder has received a construction permit for such
1063system from the department. A building or structure may not be
1064occupied and a municipality, political subdivision, or any state
1065or federal agency may not authorize occupancy until the
1066department approves the final installation of the onsite sewage
1067treatment and disposal system. A municipality or political
1068subdivision of the state may not approve any change in occupancy
1069or tenancy of a building that uses an onsite sewage treatment
1070and disposal system until the department has reviewed the use of
1071the system with the proposed change, approved the change, and
1072amended the operating permit.
1073     (c)  Notwithstanding the provisions of paragraphs (a) and
1074(b), for subdivisions platted of record on or before October 1,
10751991, when a developer or other appropriate entity has
1076previously made or makes provisions, including financial
1077assurances or other commitments, acceptable to the Department of
1078Health, that a central water system will be installed by a
1079regulated public utility based on a density formula, private
1080potable wells may be used with onsite sewage treatment and
1081disposal systems until the agreed-upon densities are reached.
1082The department may consider assurances filed with the Department
1083of Business and Professional Regulation under chapter 498 in
1084determining the adequacy of the financial assurance required by
1085this paragraph. In a subdivision regulated by this paragraph,
1086the average daily sewage flow may not exceed 2,500 gallons per
1087acre per day. This section does not affect the validity of
1088existing prior agreements. After October 1, 1991, the exception
1089provided under this paragraph is not available to a developer or
1090other appropriate entity.
1091     Section 19.  Subsections (8) through (12) of section
1092450.33, Florida Statutes, are amended to read:
1093     450.33  Duties of farm labor contractor.--Every farm labor
1094contractor must:
1095     (8)  File, within such time as the department may
1096prescribe, a set of his or her fingerprints.
1097     (8)(9)  Produce evidence to the department that each
1098vehicle he or she uses for the transportation of employees
1099complies with the requirements and specifications established in
1100chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
1101Pub. L. No. 97-470 meeting Department of Transportation
1102requirements or, in lieu thereof, bears a valid inspection
1103sticker showing that the vehicle has passed the inspection in
1104the state in which the vehicle is registered.
1105     (9)(10)  Comply with all applicable statutes, rules, and
1106regulations of the United States and of the State of Florida for
1107the protection or benefit of labor, including, but not limited
1108to, those providing for wages, hours, fair labor standards,
1109social security, workers' compensation, unemployment
1110compensation, child labor, and transportation.
1111     (10)(11)  Maintain accurate daily field records for each
1112employee actually paid by the farm labor contractor reflecting
1113the hours worked for the farm labor contractor and, if paid by
1114unit, the number of units harvested and the amount paid per
1115unit.
1116     (11)(12)  Clearly display on each vehicle used to transport
1117migrant or seasonal farm workers a display sticker issued by the
1118department, which states that the vehicle is authorized by the
1119department to transport farm workers and the expiration date of
1120the authorization.
1121     Section 20.  Subsection (10) is added to section 455.203,
1122Florida Statutes, to read:
1123     455.203  Department; powers and duties.--The department,
1124for the boards under its jurisdiction, shall:
1125     (10)  Have authority to:
1126     (a)  Close and terminate deficient license application
1127files 2 years after the board or the department notifies the
1128applicant of the deficiency; and
1129     (b)  Approve applications for professional licenses that
1130meet all statutory and rule requirements for licensure.
1131     Section 21.  Subsection (5) of section 455.116, Florida
1132Statutes, is amended to read:
1133     455.116  Regulation trust funds.--The following trust funds
1134shall be placed in the department:
1135     (5)  Division of Florida Land Sales, Condominiums,
1136Timeshares, and Mobile Homes Trust Fund.
1137     Section 22.  Subsection (1) of section 455.217, Florida
1138Statutes, is amended to read:
1139     455.217  Examinations.--This section shall be read in
1140conjunction with the appropriate practice act associated with
1141each regulated profession under this chapter.
1142     (1)  The Division of Technology, Licensure, and Testing of
1143the Department of Business and Professional Regulation shall
1144provide, contract, or approve services for the development,
1145preparation, administration, scoring, score reporting, and
1146evaluation of all examinations. The division shall seek the
1147advice of the appropriate board in providing such services.
1148     (a)  The department, acting in conjunction with the
1149Division of Technology, Licensure, and Testing and the Division
1150of Real Estate, as appropriate, shall ensure that examinations
1151adequately and reliably measure an applicant's ability to
1152practice the profession regulated by the department. After an
1153examination developed or approved by the department has been
1154administered, the board or department may reject any question
1155which does not reliably measure the general areas of competency
1156specified in the rules of the board or department, when there is
1157no board. The department shall use professional testing services
1158for the development, preparation, and evaluation of
1159examinations, when such services are available and approved by
1160the board.
1161     (b)  For each examination developed by the department or
1162contracted vendor, to the extent not otherwise specified by
1163statute, the board or the department when there is no board,
1164shall by rule specify the general areas of competency to be
1165covered by the examination, the relative weight to be assigned
1166in grading each area tested, the score necessary to achieve a
1167passing grade, and the fees, where applicable, to cover the
1168actual cost for any purchase, development, and administration of
1169the required examination. However, statutory fee caps in each
1170practice act shall apply. This subsection does not apply to
1171national examinations approved and administered pursuant to
1172paragraph (d).
1173     (c)  If a practical examination is deemed to be necessary,
1174rules shall specify the criteria by which examiners are to be
1175selected, the grading criteria to be used by the examiner, the
1176relative weight to be assigned in grading each criterion, and
1177the score necessary to achieve a passing grade. When a mandatory
1178standardization exercise for a practical examination is required
1179by law, the board may conduct such exercise. Therefore, board
1180members may serve as examiners at a practical examination with
1181the consent of the board.
1182     (d)  A board, or the department when there is no board, may
1183approve by rule the use of any national examination which the
1184department has certified as meeting requirements of national
1185examinations and generally accepted testing standards pursuant
1186to department rules. Providers of examinations, which may be
1187either profit or nonprofit entities, seeking certification by
1188the department shall pay the actual costs incurred by the
1189department in making a determination regarding the
1190certification. The department shall use any national examination
1191which is available, certified by the department, and approved by
1192the board. The name and number of a candidate may be provided to
1193a national contractor for the limited purpose of preparing the
1194grade tape and information to be returned to the board or
1195department or, to the extent otherwise specified by rule, the
1196candidate may apply directly to the vendor of the national
1197examination. The department may delegate to the board the duty
1198to provide and administer the examination. Any national
1199examination approved by a board, or the department when there is
1200no board, prior to October 1, 1997, is deemed certified under
1201this paragraph. Any licensing or certification examination that
1202is not developed or administered by the department in-house or
1203provided as a national examination shall be competitively bid.
1204     (e)  The department shall adopt rules regarding the
1205security and monitoring of examinations. In order to maintain
1206the security of examinations, the department may employ the
1207procedures set forth in s. 455.228 to seek fines and injunctive
1208relief against an examinee who violates the provisions of s.
1209455.2175 or the rules adopted pursuant to this paragraph. The
1210department, or any agent thereof, may, for the purposes of
1211investigation, confiscate any written, photographic, or
1212recording material or device in the possession of the examinee
1213at the examination site which the department deems necessary to
1214enforce such provisions or rules.
1215     (f)  If the professional board with jurisdiction over an
1216examination concurs, the department may, for a fee, share with
1217any other state's licensing authority an examination developed
1218by or for the department unless prohibited by a contract entered
1219into by the department for development or purchase of the
1220examination. The department, with the concurrence of the
1221appropriate board, shall establish guidelines that ensure
1222security of a shared exam and shall require that any other
1223state's licensing authority comply with those guidelines. Those
1224guidelines shall be approved by the appropriate professional
1225board. All fees paid by the user shall be applied to the
1226department's examination and development program for professions
1227regulated by this chapter. All fees paid by the user for
1228professions not regulated by this chapter shall be applied to
1229offset the fees for the development and administration of that
1230profession's examination. If both a written and a practical
1231examination are given, an applicant shall be required to retake
1232only the portion of the examination for which he or she failed
1233to achieve a passing grade, if he or she successfully passes
1234that portion within a reasonable time of his or her passing the
1235other portion.
1236     Section 23.  Subsection (6) is added to section 455.2273,
1237Florida Statutes, to read:
1238     455.2273  Disciplinary guidelines.--
1239     (6)  Notwithstanding s. 455.017, this section applies to
1240disciplinary guidelines adopted by all boards or divisions
1241within the department.
1242     Section 24.  Effective July 1, 2010, paragraph (d) of
1243subsection (1) and paragraph (d) of subsection (2) of section
1244468.841, Florida Statutes, are amended to read:
1245     468.841  Exemptions.--
1246     (1)  The following persons are not required to comply with
1247any provisions of this part relating to mold assessment:
1248     (d)  Persons or business organizations acting within the
1249scope of the respective licenses required under chapter 471,
1250part I of chapter 481, chapter 482, or chapter 489, or part XV
1251of this chapter, are acting on behalf of an insurer under part
1252VI of chapter 626, or are persons in the manufactured housing
1253industry who are licensed under chapter 320, except when any
1254such persons or business organizations hold themselves out for
1255hire to the public as a "certified mold assessor remediator,"
1256"registered mold assessor remediator," "licensed mold assessor
1257remediator," "mold assessor remediator," "professional mold
1258assessor remediator," or any combination thereof stating or
1259implying licensure under this part.
1260     (2)  The following persons are not required to comply with
1261any provisions of this part relating to mold remediation:
1262     (d)  Persons or business organizations that are acting
1263within the scope of the respective licenses required under
1264chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1265or part XV of this chapter, are acting on behalf of an insurer
1266under part VI of chapter 626, or are persons in the manufactured
1267housing industry who are licensed under chapter 320, except when
1268any such persons or business organizations hold themselves out
1269for hire to the public as a "certified mold remediator
1270assessor," "registered mold remediator assessor," "licensed mold
1271remediator assessor," "mold remediator assessor," "professional
1272mold remediator assessor," or any combination thereof stating or
1273implying licensure under this part.
1274     Section 25.  Paragraph (b) of subsection (2) of section
1275475.17, Florida Statutes, is amended to read:
1276     475.17  Qualifications for practice.--
1277     (2)
1278     (b)  A person may not be licensed as a real estate broker
1279unless, in addition to the other requirements of law, the person
1280has held:
1281     1.  An active real estate sales associate's license for at
1282least 24 12 months during the preceding 5 years in the office of
1283one or more real estate brokers licensed in this state or any
1284other state, territory, or jurisdiction of the United States or
1285in any foreign national jurisdiction;
1286     2.  A current and valid real estate sales associate's
1287license for at least 24 12 months during the preceding 5 years
1288in the employ of a governmental agency for a salary and
1289performing the duties authorized in this part for real estate
1290licensees; or
1291     3.  A current and valid real estate broker's license for at
1292least 24 12 months during the preceding 5 years in any other
1293state, territory, or jurisdiction of the United States or in any
1294foreign national jurisdiction.
1295
1296This paragraph does not apply to a person employed as a real
1297estate investigator by the Division of Real Estate, provided the
1298person has been employed as a real estate investigator for at
1299least 24 months. The person must be currently employed as a real
1300estate investigator to sit for the real estate broker's
1301examination and have held a valid and current sales associate's
1302license for at least 12 months.
1303     Section 26.  Subsection (9) of section 475.451, Florida
1304Statutes, is amended to read:
1305     475.451  Schools teaching real estate practice.--
1306     (9)(a)  Each school permitholder of a proprietary real
1307estate school, each chief administrative person of such an
1308institution, or each course sponsor shall deliver to the
1309department, in a format acceptable to the department, a copy of
1310the classroom course roster of courses that require satisfactory
1311completion of an examination no later than 30 days beyond the
1312end of the calendar month in which the course was completed.
1313     (b)  The course roster shall consist of the institution or
1314school name and permit number, if applicable, the instructor's
1315name and permit number, if applicable, course title, beginning
1316and ending dates of the course, number of course hours, course
1317location, if applicable, each student's full name and license
1318number, if applicable, each student's mailing address, and the
1319numerical grade each student achieved. The course roster shall
1320also include the signature of the school permitholder, the chief
1321administrative person, or the course sponsor.
1322     Section 27.  Section 475.455, Florida Statutes, is amended
1323to read:
1324     475.455  Exchange of disciplinary information.--The
1325commission shall inform the Division of Florida Land Sales,
1326Condominiums, Timeshares, and Mobile Homes of the Department of
1327Business and Professional Regulation of any disciplinary action
1328the commission has taken against any of its licensees. The
1329division shall inform the commission of any disciplinary action
1330the division has taken against any broker or sales associate
1331registered with the division.
1332     Section 28.  Paragraph (d) is added to subsection (2) of
1333section 477.019, Florida Statutes, and subsection (4) of that
1334section is amended, to read:
1335     477.019  Cosmetologists; qualifications; licensure;
1336supervised practice; license renewal; endorsement; continuing
1337education.--
1338     (2)  An applicant shall be eligible for licensure by
1339examination to practice cosmetology if the applicant:
1340     (d)  Has submitted for examination approval in the last 100
1341hours of training by a pregraduate of a licensed cosmetology
1342school or a program within the public school system, if such
1343school or program is certified by the Department of Education
1344and the applicant pays the application fee as required in
1345paragraph (b). Upon approval and the completion of all required
1346training, the applicant may schedule an examination. An
1347applicant must take the examination within 6 months from the
1348date on which he or she receives approval. If the applicant
1349fails to take the examination within the 6-month period, he or
1350she must reapply for examination approval. The board shall
1351establish by rule procedures for the pregraduate application
1352process.
1353     (4)  If an applicant passes all parts of the examination
1354for licensure as a cosmetologist, he or she may practice in the
1355time between passing the examination and receiving a physical
1356copy of his or her license if he or she practices under the
1357supervision of a licensed cosmetologist in a licensed salon. An
1358applicant who fails any part of the examination may not practice
1359as a cosmetologist and may immediately apply for reexamination.
1360Following the completion of the first licensing examination and
1361pending the results of that examination and issuance of a
1362license to practice cosmetology, graduates of licensed
1363cosmetology schools or cosmetology programs offered in public
1364school systems, which schools or programs are certified by the
1365Department of Education, are eligible to practice cosmetology,
1366provided such graduates practice under the supervision of a
1367licensed cosmetologist in a licensed cosmetology salon. A
1368graduate who fails the first examination may continue to
1369practice under the supervision of a licensed cosmetologist in a
1370licensed cosmetology salon if the graduate applies for the next
1371available examination and until the graduate receives the
1372results of that examination. No graduate may continue to
1373practice under this subsection if the graduate fails the
1374examination twice.
1375     Section 29.  Subsection (6) of section 489.105, Florida
1376Statutes, is amended to read:
1377     489.105  Definitions.--As used in this part:
1378     (6)  "Contracting" means, except as exempted in this part,
1379engaging in business as a contractor and includes, but is not
1380limited to, performance of any of the acts as set forth in
1381subsection (3) which define types of contractors. The attempted
1382sale of contracting services and the negotiation or bid for a
1383contract on these services also constitutes contracting. If the
1384services offered require licensure or agent qualification, the
1385offering, negotiation for a bid, or attempted sale of these
1386services requires the corresponding licensure. However, the term
1387"contracting" shall not extend to an individual, partnership,
1388corporation, trust, or other legal entity that offers to sell or
1389sells completed residences on property on which the individual
1390or business entity has any legal or equitable interest, or to
1391the individual or business entity that offers to sell or sells
1392manufactured or factory-built buildings that will be completed
1393on site on property on which either party to a contract has any
1394legal or equitable interest, if the services of a qualified
1395contractor certified or registered pursuant to the requirements
1396of this chapter have been or will be retained for the purpose of
1397constructing or completing such residences.
1398     Section 30.  Section 489.511, Florida Statutes, is amended
1399to read:
1400     489.511  Certification; application; examinations;
1401endorsement.--
1402     (1)(a)  Any person who is at least 18 years of age may take
1403the certification examination.
1404     (b)  Any person desiring to be certified as a contractor
1405shall apply to the department in writing and must meet the
1406following criteria: to take the certification examination.
1407     (2)(a)  A person shall be entitled to take the
1408certification examination for the purpose of determining whether
1409he or she is qualified to engage in contracting throughout the
1410state as a contractor if the person:
1411     1.  Is at least 18 years of age;
1412     1.2.  Be Is of good moral character;
1413     2.  Pass the certification examination, achieving a passing
1414grade as established by board rule; and
1415     3.  Meet Meets eligibility requirements according to one of
1416the following criteria:
1417     a.  Has, within the 6 years immediately preceding the
1418filing of the application, at least 3 years' proven management
1419experience in the trade or education equivalent thereto, or a
1420combination thereof, but not more than one-half of such
1421experience may be educational equivalent;
1422     b.  Has, within the 8 years immediately preceding the
1423filing of the application, at least 4 years' experience as a
1424supervisor or contractor in the trade for which he or she is
1425making application;
1426     c.  Has, within the 12 years immediately preceding the
1427filing of the application, at least 6 years of comprehensive
1428training, technical education, or supervisory experience
1429associated with an electrical or alarm system contracting
1430business, or at least 6 years of technical experience in
1431electrical or alarm system work with the Armed Forces or a
1432governmental entity;
1433     d.  Has, within the 12 years immediately preceding the
1434filing of the application, been licensed for 3 years as a
1435professional engineer who is qualified by education, training,
1436or experience to practice electrical engineering; or
1437     e.  Has any combination of qualifications under sub-
1438subparagraphs a.-c. totaling 6 years of experience.
1439     (c)(b)  For purposes of this subsection, "supervisor" means
1440a person having the experience gained while having the general
1441duty of overseeing the technical duties of the trade, provided
1442that such experience is gained by a person who is able to
1443perform the technical duties of the trade without supervision.
1444     (d)(c)  For purposes of this subsection, at least 40
1445percent of the work experience for an alarm system contractor I
1446must be in the types of fire alarm systems typically used in a
1447commercial setting.
1448     (2)(3)  The board may determine by rule the number of times
1449per year the applicant may take the examination and after three
1450unsuccessful attempts may On or after October 1, 1998, every
1451applicant who is qualified shall be allowed to take the
1452examination three times, notwithstanding the number of times the
1453applicant has previously failed the examination. If an applicant
1454fails the examination three times after October 1, 1998, the
1455board shall require the applicant to complete additional
1456college-level or technical education courses in the areas of
1457deficiency, as determined by the board, as a condition of future
1458eligibility to take the examination. The applicant must also
1459submit a new application that meets all certification
1460requirements at the time of its submission and must pay all
1461appropriate fees.
1462     (3)(4)(a)  "Good moral character" means a personal history
1463of honesty, fairness, and respect for the rights of others and
1464for laws of this state and nation.
1465     (b)  The board may determine that an individual applying
1466for certification is ineligible to take the examination for
1467failure to satisfy the requirement of good moral character only
1468if:
1469     1.  There is a substantial connection between the lack of
1470good moral character of the individual and the professional
1471responsibilities of a certified contractor; and
1472     2.  The finding by the board of lack of good moral
1473character is supported by clear and convincing evidence.
1474     (c)  When an individual is found to be unqualified for
1475certification examination because of a lack of good moral
1476character, the board shall furnish such individual a statement
1477containing the findings of the board, a complete record of the
1478evidence upon which the determination was based, and a notice of
1479the rights of the individual to a rehearing and appeal.
1480     (4)(5)  The board shall, by rule, designate those types of
1481specialty electrical or alarm system contractors who may be
1482certified under this part. The limit of the scope of work and
1483responsibility of a certified specialty contractor shall be
1484established by board rule. A certified specialty contractor
1485category exists as an optional statewide licensing category.
1486Qualification for certification in a specialty category created
1487by rule shall be the same as set forth in paragraph (1)(b)
1488(2)(a). The existence of a specialty category created by rule
1489does not itself create any licensing requirement; however,
1490neither does its optional nature remove any licensure
1491requirement established elsewhere in this part.
1492     (5)(6)  The board shall certify as qualified for
1493certification by endorsement any individual applying for
1494certification who:
1495     (a)  Meets the requirements for certification as set forth
1496in this section; has passed a national, regional, state, or
1497United States territorial licensing examination that is
1498substantially equivalent to the examination required by this
1499part; and has satisfied the requirements set forth in s.
1500489.521; or
1501     (b)  Holds a valid license to practice electrical or alarm
1502system contracting issued by another state or territory of the
1503United States, if the criteria for issuance of such license was
1504substantially equivalent to the certification criteria that
1505existed in this state at the time the certificate was issued.
1506     (6)(7)  Upon the issuance of a certificate, any previously
1507issued registered licenses for the classification in which the
1508certification is issued are rendered void.
1509     Section 31.  Paragraph (b) of subsection (1) of section
1510489.515, Florida Statutes, is amended to read:
1511     489.515  Issuance of certificates; registrations.--
1512     (1)
1513     (b)  The board shall certify as qualified for certification
1514any person who satisfies the requirements of s. 489.511, who
1515successfully passes the certification examination administered
1516by the department, achieving a passing grade as established by
1517board rule, and who submits satisfactory evidence that he or she
1518has obtained both workers' compensation insurance or an
1519acceptable exemption certificate issued by the department and
1520public liability and property damage insurance for the health,
1521safety, and welfare of the public in amounts determined by rule
1522of the board, and furnishes evidence of financial
1523responsibility, credit, and business reputation of either
1524himself or herself or the business organization he or she
1525desires to qualify.
1526     Section 32.  Section 494.008, Florida Statutes, is amended
1527to read:
1528     494.008  Mortgages offered by land developers licensed
1529pursuant to the Florida Uniform Land Sales Practices Law;
1530requirements; prohibitions.--No mortgage loan which has a face
1531amount of $35,000 or less and is secured by vacant land
1532registered under the Florida Uniform Land Sales Practices Law,
1533chapter 498, shall be sold to a mortgagee, except a financial
1534institution, by any person unless all of the following
1535requirements are met:
1536     (1)  Each mortgage securing a note or other obligation sold
1537or offered for sale shall be eligible for a recordation as a
1538first mortgage.
1539     (2)  Each mortgage negotiated pursuant to this section must
1540include a mortgagee's title insurance policy or an opinion of
1541title, from an attorney who is licensed to practice law in this
1542state, on each parcel of land which is described in the
1543mortgage. The policy or opinion shall reflect that there are no
1544other mortgages on the property. A notice stating the priority
1545of the mortgage shall be placed on the face of each mortgage in
1546an amount over $35,000 issued pursuant to this section.
1547     (3)  Contracts to purchase a mortgage loan shall contain,
1548immediately above the purchaser's signature line, the statement
1549in 10-point boldfaced type: "This mortgage is secured by vacant
1550land subject to development at a future time." This statement
1551shall also be typed or printed in 10-point type on the face of
1552the note and mortgage sold.
1553     (4)  The most recent assessment for tax purposes made by
1554the county property appraiser of each parcel of land described
1555in the mortgage shall be furnished to each mortgagee.
1556     (5)  The mortgage broker shall record or cause to be
1557recorded all mortgages or other similar documents prior to
1558delivery of the note and mortgage to the mortgagee.
1559     (6)  All funds received by the mortgage broker pursuant to
1560this section shall promptly be deposited in the broker's trust
1561account where they shall remain until the note and mortgage are
1562fully executed and recorded.
1563     (7)  Willful failure to comply with any of the above
1564provisions shall subject the person to the penalties of s.
1565494.05.
1566     Section 33.  Section 498.009, Florida Statutes, is
1567renumbered as section 718.50152, Florida Statutes.
1568     Section 34.  Section 498.011, Florida Statutes, is
1569renumbered as section 718.50153, Florida Statutes, and amended
1570to read:
1571     718.50153 498.011  Payment of per diem, mileage, and other
1572expenses to division employees.--The amount of per diem and
1573mileage and expense money paid to employees shall be as provided
1574in s. 112.061, except that the division shall establish by rule
1575the standards for reimbursement of actual verified expenses
1576incurred in connection with an on-site review inspection or
1577investigation of subdivided lands.
1578     Section 35.  Section 498.013, Florida Statutes, is
1579renumbered as section 718.50154, Florida Statutes.
1580     Section 36.  Section 498.057, Florida Statutes, is
1581renumbered as section 718.50155, Florida Statutes, and amended,
1582to read:
1583     718.50155 498.057  Service of process.--
1584     (1)  In addition to the methods of service provided for in
1585the Florida Rules of Civil Procedure and the Florida Statutes,
1586service may be made and by delivering a copy of the process to
1587the director of the division, which shall be binding upon the
1588defendant or respondent if:
1589     (a)  The division plaintiff, which is acting as the
1590petitioner or plaintiff may be the division, immediately sends a
1591copy of the process and of the pleading by certified mail to the
1592defendant or respondent at his or her last known address;, and
1593     (b)  The division plaintiff files an affidavit of
1594compliance with this section on or before the return date of the
1595process or within the time set by the court.
1596     (2)  If any person, including any nonresident of this
1597state, allegedly engages in conduct prohibited by this chapter,
1598or any rule or order of the division, and has not filed a
1599consent to service of process, and personal jurisdiction over
1600him or her cannot otherwise be obtained in this state, the
1601director shall be authorized to receive service of process in
1602any noncriminal proceeding against that person or his or her
1603successor which grows out of the conduct and which is brought by
1604the division under this chapter or any rule or order of the
1605division. The process shall have the same force and validity as
1606if personally served. Notice shall be given as provided in
1607subsection (1).
1608     Section 37.  Sections 498.001, 498.003, 498.005, 498.007,
1609498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1610498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1611498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1612and 498.063, Florida Statutes, are repealed.
1613     Section 38.  Section 509.512, Florida Statutes, is amended
1614to read:
1615     509.512  Timeshare plan developer and exchange company
1616exemption.--Sections 509.501-509.511 do not apply to a developer
1617of a timeshare plan or an exchange company approved by the
1618Division of Florida Land Sales, Condominiums, Timeshares, and
1619Mobile Homes pursuant to chapter 721, but only to the extent
1620that the developer or exchange company engages in conduct
1621regulated under chapter 721.
1622     Section 39.  Subsection (2) of section 517.301, Florida
1623Statutes, is amended to read:
1624     517.301  Fraudulent transactions; falsification or
1625concealment of facts.--
1626     (2)  For purposes of ss. 517.311 and 517.312 and this
1627section, the term "investment" means any commitment of money or
1628property principally induced by a representation that an
1629economic benefit may be derived from such commitment, except
1630that the term "investment" does not include a commitment of
1631money or property for:
1632     (a)  The purchase of a business opportunity, business
1633enterprise, or real property through a person licensed under
1634chapter 475 or registered under former chapter 498; or
1635     (b)  The purchase of tangible personal property through a
1636person not engaged in telephone solicitation, where said
1637property is offered and sold in accordance with the following
1638conditions:
1639     1.  There are no specific representations or guarantees
1640made by the offeror or seller as to the economic benefit to be
1641derived from the purchase;
1642     2.  The tangible property is delivered to the purchaser
1643within 30 days after sale, except that such 30-day period may be
1644extended by the office if market conditions so warrant; and
1645     3.  The seller has offered the purchaser a full refund
1646policy in writing, exercisable by the purchaser within 10 days
1647of the date of delivery of such tangible personal property,
1648except that the amount of such refund may not in no event shall
1649exceed the bid price in effect at the time the property is
1650returned to the seller. If the applicable sellers' market is
1651closed at the time the property is returned to the seller for a
1652refund, the amount of such refund shall be based on the bid
1653price for such property at the next opening of such market.
1654     Section 40.  Subsection (4) of section 548.0065, Florida
1655Statutes, is amended to read:
1656     548.0065  Amateur matches; sanctioning and supervision;
1657health and safety standards; compliance checks; continuation,
1658suspension, and revocation of sanctioning approval.--
1659     (4)  Any member of the commission or the executive director
1660of the commission may suspend the approval of an amateur
1661sanctioning organization for failure to supervise amateur
1662matches or to enforce the approved health and safety standards
1663required under this chapter, provided that the suspension
1664complies with the procedures for summary suspensions in s.
1665120.60(6). At any amateur boxing, or kickboxing, or mixed
1666martial arts contest, any member of the commission or a
1667representative of the commission may immediately suspend one or
1668more matches in an event whenever it appears that the match or
1669matches violate the health and safety standards established by
1670rule as required by this chapter. A law enforcement officer may
1671assist any member of the commission or a representative of the
1672commission to enforce an order to stop a contest if called upon
1673to do so by a member of the commission or a representative of
1674the commission.
1675     Section 41.  Subsections (2), (3), and (4) of section
1676548.008, Florida Statutes, are amended to read:
1677     548.008  Prohibited competitions.--
1678     (2)  No amateur mixed martial arts match may be held in
1679this state.
1680     (2)(3)  No professional match may be held in this state
1681unless it meets the requirements for holding the match as
1682provided in this chapter and the rules adopted by the
1683commission.
1684     (3)(4)(a)  Any person participating in a match prohibited
1685under this section, knowing the match to be prohibited, commits
1686a misdemeanor of the second degree, punishable as provided in s.
1687775.082 or s. 775.083.
1688     (b)  Any person holding, promoting, or sponsoring a match
1689prohibited under this section commits a felony of the third
1690degree, punishable as provided in s. 775.082, s. 775.083, or s.
1691775.084.
1692     Section 42.  Subsection (1) of section 548.041, Florida
1693Statutes, is amended to read:
1694     548.041  Age, condition, and suspension of participants.--
1695     (1)  A person may shall not be licensed as a participant,
1696and the license of a any participant shall be suspended or
1697revoked, if such person:
1698     (a)  Is under the age of 18;
1699     (b)  Has participated in a match in this state which was
1700not sanctioned by the commission or by a Native American
1701commission properly constituted under federal law; or
1702     (c)  Does not meet certain health and medical examination
1703conditions as required by rule of the commission;.
1704     (d)  Has not competed in a minimum number of amateur boxing
1705events as determined by commission rule prior to licensure; or
1706     (e)  Has not participated in a minimum number of amateur
1707mixed martial arts events as determined by commission rule prior
1708to licensure.
1709     Section 43.  Subsection (1) of section 559.935, Florida
1710Statutes, is amended to read:
1711     559.935  Exemptions.--
1712     (1)  This part does not apply to:
1713     (a)  A bona fide employee of a seller of travel who is
1714engaged solely in the business of her or his employer;
1715     (b)  Any direct common carrier of passengers or property
1716regulated by an agency of the Federal Government or employees of
1717such carrier when engaged solely in the transportation business
1718of the carrier as identified in the carrier's certificate;
1719     (c)  An intrastate common carrier of passengers or property
1720selling only transportation as defined in the applicable state
1721or local registration or certification, or employees of such
1722carrier when engaged solely in the transportation business of
1723the carrier;
1724     (d)  Hotels, motels, or other places of public
1725accommodation selling public accommodations, or employees of
1726such hotels, motels, or other places of public accommodation,
1727when engaged solely in making arrangements for lodging,
1728accommodations, or sightseeing tours within the state, or taking
1729reservations for the traveler with times, dates, locations, and
1730accommodations certain at the time the reservations are made,
1731provided that hotels and motels registered with the Department
1732of Business and Professional Regulation pursuant to chapter 509
1733are excluded from the provisions of this chapter;
1734     (e)  Persons involved solely in the rental, leasing, or
1735sale of residential property;
1736     (f)  Persons involved solely in the rental, leasing, or
1737sale of transportation vehicles;
1738     (g)  Persons who make travel arrangements for themselves;
1739for their employees or agents; for distributors, franchisees, or
1740dealers of the persons' products or services; for entities which
1741are financially related to the persons; or for the employees or
1742agents of the distributor, franchisee, or dealer or financially
1743related entity;
1744     (h)  A developer of a timeshare plan or an exchange company
1745approved by the Division of Florida Land Sales, Condominiums,
1746Timeshares, and Mobile Homes pursuant to chapter 721, but only
1747to the extent that the developer or exchange company engages in
1748conduct regulated under chapter 721; or
1749     (i)  Persons or entities engaged solely in offering diving
1750services, including classes and sales or rentals of equipment,
1751when engaged in making any prearranged travel-related or
1752tourist-related services in conjunction with a primarily dive-
1753related event.
1754     Section 44.  Subsection (17) of section 718.103, Florida
1755Statutes, is amended to read:
1756     718.103  Definitions.--As used in this chapter, the term:
1757     (17)  "Division" means the Division of Florida Land Sales,
1758Condominiums, Timeshares, and Mobile Homes of the Department of
1759Business and Professional Regulation.
1760     Section 45.  Paragraph (c) of subsection (4) of section
1761718.105, Florida Statutes, is amended to read:
1762     718.105  Recording of declaration.--
1763     (4)
1764     (c)  If the sum of money held by the clerk has not been
1765paid to the developer or association as provided in paragraph
1766(b) within by 3 years after the date the declaration was
1767originally recorded, the clerk in his or her discretion may
1768notify, in writing, the registered agent of the association that
1769the sum is still available and the purpose for which it was
1770deposited. If the association does not record the certificate
1771within 90 days after the clerk has given the notice, the clerk
1772may disburse the money to the developer. If the developer cannot
1773be located, the clerk shall disburse the money to the Division
1774of Florida Land Sales, Condominiums, Timeshares, and Mobile
1775Homes for deposit in the Division of Florida Land Sales,
1776Condominiums, Timeshares, and Mobile Homes Trust Fund.
1777     Section 46.  Subsection (4) of section 718.1255, Florida
1778Statutes, is amended to read:
1779     718.1255  Alternative dispute resolution; voluntary
1780mediation; mandatory nonbinding arbitration; legislative
1781findings.--
1782     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1783DISPUTES.--The Division of Florida Land Sales, Condominiums,
1784Timeshares, and Mobile Homes of the Department of Business and
1785Professional Regulation shall employ full-time attorneys to act
1786as arbitrators to conduct the arbitration hearings provided by
1787this chapter. The division may also certify attorneys who are
1788not employed by the division to act as arbitrators to conduct
1789the arbitration hearings provided by this section. No person may
1790be employed by the department as a full-time arbitrator unless
1791he or she is a member in good standing of The Florida Bar. The
1792department shall adopt promulgate rules of procedure to govern
1793such arbitration hearings including mediation incident thereto.
1794The decision of an arbitrator shall be final; however, such a
1795decision shall not be deemed final agency action. Nothing in
1796this provision shall be construed to foreclose parties from
1797proceeding in a trial de novo unless the parties have agreed
1798that the arbitration is binding. If such judicial proceedings
1799are initiated, the final decision of the arbitrator shall be
1800admissible in evidence in the trial de novo.
1801     (a)  Prior to the institution of court litigation, a party
1802to a dispute shall petition the division for nonbinding
1803arbitration. The petition must be accompanied by a filing fee in
1804the amount of $50. Filing fees collected under this section must
1805be used to defray the expenses of the alternative dispute
1806resolution program.
1807     (b)  The petition must recite, and have attached thereto,
1808supporting proof that the petitioner gave the respondents:
1809     1.  Advance written notice of the specific nature of the
1810dispute;
1811     2.  A demand for relief, and a reasonable opportunity to
1812comply or to provide the relief; and
1813     3.  Notice of the intention to file an arbitration petition
1814or other legal action in the absence of a resolution of the
1815dispute.
1816
1817Failure to include the allegations or proof of compliance with
1818these prerequisites requires dismissal of the petition without
1819prejudice.
1820     (c)  Upon receipt, the petition shall be promptly reviewed
1821by the division to determine the existence of a dispute and
1822compliance with the requirements of paragraphs (a) and (b). If
1823emergency relief is required and is not available through
1824arbitration, a motion to stay the arbitration may be filed. The
1825motion must be accompanied by a verified petition alleging facts
1826that, if proven, would support entry of a temporary injunction,
1827and if an appropriate motion and supporting papers are filed,
1828the division may abate the arbitration pending a court hearing
1829and disposition of a motion for temporary injunction.
1830     (d)  Upon determination by the division that a dispute
1831exists and that the petition substantially meets the
1832requirements of paragraphs (a) and (b) and any other applicable
1833rules, a copy of the petition shall forthwith be served by the
1834division upon all respondents.
1835     (e)  Either Before or after the filing of the respondents'
1836answer to the petition, any party may request that the
1837arbitrator refer the case to mediation under this section and
1838any rules adopted by the division. Upon receipt of a request for
1839mediation, the division shall promptly contact the parties to
1840determine if there is agreement that mediation would be
1841appropriate. If all parties agree, the dispute must be referred
1842to mediation. Notwithstanding a lack of an agreement by all
1843parties, the arbitrator may refer a dispute to mediation at any
1844time.
1845     (f)  Upon referral of a case to mediation, the parties must
1846select a mutually acceptable mediator. To assist in the
1847selection, the arbitrator shall provide the parties with a list
1848of both volunteer and paid mediators that have been certified by
1849the division under s. 718.501. If the parties are unable to
1850agree on a mediator within the time allowed by the arbitrator,
1851the arbitrator shall appoint a mediator from the list of
1852certified mediators. If a case is referred to mediation, the
1853parties shall attend a mediation conference, as scheduled by the
1854parties and the mediator. If any party fails to attend a duly
1855noticed mediation conference, without the permission or approval
1856of the arbitrator or mediator, the arbitrator must impose
1857sanctions against the party, including the striking of any
1858pleadings filed, the entry of an order of dismissal or default
1859if appropriate, and the award of costs and attorneys' fees
1860incurred by the other parties. Unless otherwise agreed to by the
1861parties or as provided by order of the arbitrator, a party is
1862deemed to have appeared at a mediation conference by the
1863physical presence of the party or its representative having full
1864authority to settle without further consultation, provided that
1865an association may comply by having one or more representatives
1866present with full authority to negotiate a settlement and
1867recommend that the board of administration ratify and approve
1868such a settlement within 5 days from the date of the mediation
1869conference. The parties shall share equally the expense of
1870mediation, unless they agree otherwise.
1871     (g)  The purpose of mediation as provided for by this
1872section is to present the parties with an opportunity to resolve
1873the underlying dispute in good faith, and with a minimum
1874expenditure of time and resources.
1875     (h)  Mediation proceedings must generally be conducted in
1876accordance with the Florida Rules of Civil Procedure, and these
1877proceedings are privileged and confidential to the same extent
1878as court-ordered mediation. Persons who are not parties to the
1879dispute are not allowed to attend the mediation conference
1880without the consent of all parties, with the exception of
1881counsel for the parties and corporate representatives designated
1882to appear for a party. If the mediator declares an impasse after
1883a mediation conference has been held, the arbitration proceeding
1884terminates, unless all parties agree in writing to continue the
1885arbitration proceeding, in which case the arbitrator's decision
1886shall be either binding or nonbinding, as agreed upon by the
1887parties; in the arbitration proceeding, the arbitrator shall not
1888consider any evidence relating to the unsuccessful mediation
1889except in a proceeding to impose sanctions for failure to appear
1890at the mediation conference. If the parties do not agree to
1891continue arbitration, the arbitrator shall enter an order of
1892dismissal, and either party may institute a suit in a court of
1893competent jurisdiction. The parties may seek to recover any
1894costs and attorneys' fees incurred in connection with
1895arbitration and mediation proceedings under this section as part
1896of the costs and fees that may be recovered by the prevailing
1897party in any subsequent litigation.
1898     (i)  Arbitration shall be conducted according to rules
1899adopted promulgated by the division. The filing of a petition
1900for arbitration shall toll the applicable statute of
1901limitations.
1902     (j)  At the request of any party to the arbitration, the
1903such arbitrator shall issue subpoenas for the attendance of
1904witnesses and the production of books, records, documents, and
1905other evidence and any party on whose behalf a subpoena is
1906issued may apply to the court for orders compelling such
1907attendance and production. Subpoenas shall be served and shall
1908be enforceable in the manner provided by the Florida Rules of
1909Civil Procedure. Discovery may, in the discretion of the
1910arbitrator, be permitted in the manner provided by the Florida
1911Rules of Civil Procedure. Rules adopted by the division may
1912authorize any reasonable sanctions except contempt for a
1913violation of the arbitration procedural rules of the division or
1914for the failure of a party to comply with a reasonable nonfinal
1915order issued by an arbitrator which is not under judicial
1916review.
1917     (k)  The arbitration decision shall be presented to the
1918parties in writing. An arbitration decision is final in those
1919disputes in which the parties have agreed to be bound. An
1920arbitration decision is also final if a complaint for a trial de
1921novo is not filed in a court of competent jurisdiction in which
1922the condominium is located within 30 days. The right to file for
1923a trial de novo entitles the parties to file a complaint in the
1924appropriate trial court for a judicial resolution of the
1925dispute. The prevailing party in an arbitration proceeding shall
1926be awarded the costs of the arbitration and reasonable
1927attorney's fees in an amount determined by the arbitrator. Such
1928an award shall include the costs and reasonable attorney's fees
1929incurred in the arbitration proceeding as well as the costs and
1930reasonable attorney's fees incurred in preparing for and
1931attending any scheduled mediation.
1932     (l)  The party who files a complaint for a trial de novo
1933shall be assessed the other party's arbitration costs, court
1934costs, and other reasonable costs, including attorney's fees,
1935investigation expenses, and expenses for expert or other
1936testimony or evidence incurred after the arbitration hearing if
1937the judgment upon the trial de novo is not more favorable than
1938the arbitration decision. If the judgment is more favorable, the
1939party who filed a complaint for trial de novo shall be awarded
1940reasonable court costs and attorney's fees.
1941     (m)  Any party to an arbitration proceeding may enforce an
1942arbitration award by filing a petition in a court of competent
1943jurisdiction in which the condominium is located. A petition may
1944not be granted unless the time for appeal by the filing of a
1945complaint for trial de novo has expired. If a complaint for a
1946trial de novo has been filed, a petition may not be granted with
1947respect to an arbitration award that has been stayed. If the
1948petition for enforcement is granted, the petitioner shall
1949recover reasonable attorney's fees and costs incurred in
1950enforcing the arbitration award. A mediation settlement may also
1951be enforced through the county or circuit court, as applicable,
1952and any costs and fees incurred in the enforcement of a
1953settlement agreement reached at mediation must be awarded to the
1954prevailing party in any enforcement action.
1955     Section 47.  Section 718.501, Florida Statutes, is amended
1956to read:
1957     718.501  Powers and duties of Division of Florida Land
1958Sales, Condominiums, Timeshares, and Mobile Homes.--
1959     (1)  The Division of Florida Land Sales, Condominiums,
1960Timeshares, and Mobile Homes of the Department of Business and
1961Professional Regulation, referred to as the "division" in this
1962part, in addition to other powers and duties prescribed by
1963chapter 498, has the power to enforce and ensure compliance with
1964the provisions of this chapter and rules promulgated pursuant
1965hereto relating to the development, construction, sale, lease,
1966ownership, operation, and management of residential condominium
1967units. In performing its duties, the division has the following
1968powers and duties:
1969     (a)1.  The division may make necessary public or private
1970investigations within or outside this state to determine whether
1971any person has violated this chapter or any rule or order
1972hereunder, to aid in the enforcement of this chapter, or to aid
1973in the adoption of rules or forms hereunder.
1974     2.  The division may submit any official written report,
1975worksheet, or other related paper, or a duly certified copy
1976thereof, compiled, prepared, drafted, or otherwise made by and
1977duly authenticated by a financial examiner or analyst to be
1978admitted as competent evidence in any hearing in which the
1979financial examiner or analyst is available for cross-examination
1980and attests under oath that such documents were prepared as a
1981result of an examination or inspection conducted pursuant to
1982this chapter.
1983     (b)  The division may require or permit any person to file
1984a statement in writing, under oath or otherwise, as the division
1985determines, as to the facts and circumstances concerning a
1986matter to be investigated.
1987     (c)  For the purpose of any investigation under this
1988chapter, the division director or any officer or employee
1989designated by the division director may administer oaths or
1990affirmations, subpoena witnesses and compel their attendance,
1991take evidence, and require the production of any matter which is
1992relevant to the investigation, including the existence,
1993description, nature, custody, condition, and location of any
1994books, documents, or other tangible things and the identity and
1995location of persons having knowledge of relevant facts or any
1996other matter reasonably calculated to lead to the discovery of
1997material evidence. Upon the failure by a person to obey a
1998subpoena or to answer questions propounded by the investigating
1999officer and upon reasonable notice to all persons affected
2000thereby, the division may apply to the circuit court for an
2001order compelling compliance.
2002     (d)  Notwithstanding any remedies available to unit owners
2003and associations, if the division has reasonable cause to
2004believe that a violation of any provision of this chapter or
2005related rule promulgated pursuant hereto has occurred, the
2006division may institute enforcement proceedings in its own name
2007against any developer, association, officer, or member of the
2008board of administration, or its assignees or agents, as follows:
2009     1.  The division may permit a person whose conduct or
2010actions may be under investigation to waive formal proceedings
2011and enter into a consent proceeding whereby orders, rules, or
2012letters of censure or warning, whether formal or informal, may
2013be entered against the person.
2014     2.  The division may issue an order requiring the
2015developer, association, officer, or member of the board of
2016administration, or its assignees or agents, to cease and desist
2017from the unlawful practice and take such affirmative action as
2018in the judgment of the division will carry out the purposes of
2019this chapter. Such affirmative action may include, but is not
2020limited to, an order requiring a developer to pay moneys
2021determined to be owed to a condominium association. If the
2022division finds that a developer, association, officer, or member
2023of the board of administration, or its assignees or agents, is
2024violating or is about to violate any provision of this chapter,
2025any rule adopted or order issued by the division, or any written
2026agreement entered into with the division, and presents an
2027immediate danger to the public requiring an immediate final
2028order, it may issue an emergency cease and desist order reciting
2029with particularity the facts underlying such findings. The
2030emergency cease and desist order is effective for 90 days. If
2031the division begins nonemergency cease and desist proceedings,
2032the emergency cease and desist order remains effective until the
2033conclusion of the proceedings under ss. 120.569 and 120.57.
2034     3.  The division may bring an action in circuit court on
2035behalf of a class of unit owners, lessees, or purchasers for
2036declaratory relief, injunctive relief, or restitution.
2037     4.  The division may petition the court for the appointment
2038of a receiver or conservator. If appointed, the receiver or
2039conservator may take action to implement the court order to
2040ensure the performance of the order and to remedy any breach
2041thereof. In addition to all other means provided by law for the
2042enforcement of an injunction or temporary restraining order, the
2043circuit court may impound or sequester the property of a party
2044defendant, including books, papers, documents, and related
2045records, and allow the examination and use of the property by
2046the division and a court-appointed receiver or conservator.
2047     5.  The division may apply to the circuit court for an
2048order of restitution whereby the defendant in an action brought
2049pursuant to subparagraph 4. shall be ordered to make restitution
2050of those sums shown by the division to have been obtained by the
2051defendant in violation of this chapter. Such restitution shall,
2052at the option of the court, be payable to the conservator or
2053receiver appointed pursuant to subparagraph 4. or directly to
2054the persons whose funds or assets were obtained in violation of
2055this chapter.
2056     6.4.  The division may impose a civil penalty against a
2057developer or association, or its assignee or agent, for any
2058violation of this chapter or a rule adopted under this chapter
2059promulgated pursuant hereto. The division may impose a civil
2060penalty individually against any officer or board member who
2061willfully and knowingly violates a provision of this chapter,
2062adopted a rule adopted pursuant hereto, or a final order of the
2063division. The term "willfully and knowingly" means that the
2064division informed the officer or board member that his or her
2065action or intended action violates this chapter, a rule adopted
2066under this chapter, or a final order of the division and that
2067the officer or board member refused to comply with the
2068requirements of this chapter, a rule adopted under this chapter,
2069or a final order of the division. The division, prior to
2070initiating formal agency action under chapter 120, shall afford
2071the officer or board member an opportunity to voluntarily comply
2072with this chapter, a rule adopted under this chapter, or a final
2073order of the division. An officer or board member who complies
2074within 10 days is not subject to a civil penalty. A penalty may
2075be imposed on the basis of each day of continuing violation, but
2076in no event shall the penalty for any offense exceed $5,000. By
2077January 1, 1998, the division shall adopt, by rule, penalty
2078guidelines applicable to possible violations or to categories of
2079violations of this chapter or rules adopted by the division. The
2080guidelines must specify a meaningful range of civil penalties
2081for each such violation of the statute and rules and must be
2082based upon the harm caused by the violation, the repetition of
2083the violation, and upon such other factors deemed relevant by
2084the division. For example, the division may consider whether the
2085violations were committed by a developer or owner-controlled
2086association, the size of the association, and other factors. The
2087guidelines must designate the possible mitigating or aggravating
2088circumstances that justify a departure from the range of
2089penalties provided by the rules. It is the legislative intent
2090that minor violations be distinguished from those which endanger
2091the health, safety, or welfare of the condominium residents or
2092other persons and that such guidelines provide reasonable and
2093meaningful notice to the public of likely penalties that may be
2094imposed for proscribed conduct. This subsection does not limit
2095the ability of the division to informally dispose of
2096administrative actions or complaints by stipulation, agreed
2097settlement, or consent order. All amounts collected shall be
2098deposited with the Chief Financial Officer to the credit of the
2099Division of Florida Land Sales, Condominiums, Timeshares, and
2100Mobile Homes Trust Fund. If a developer fails to pay the civil
2101penalty, the division shall thereupon issue an order directing
2102that such developer cease and desist from further operation
2103until such time as the civil penalty is paid or may pursue
2104enforcement of the penalty in a court of competent jurisdiction.
2105If an association fails to pay the civil penalty, the division
2106shall thereupon pursue enforcement in a court of competent
2107jurisdiction, and the order imposing the civil penalty or the
2108cease and desist order will not become effective until 20 days
2109after the date of such order. Any action commenced by the
2110division shall be brought in the county in which the division
2111has its executive offices or in the county where the violation
2112occurred.
2113     7.  In addition to subparagraph 6., the division may seek
2114the imposition of a civil penalty through the circuit court for
2115any violation for which the division may issue a notice to show
2116cause under paragraph (q). The civil penalty shall be at least
2117$500 but no more than $5,000 for each violation. The court may
2118also award to the prevailing party court costs and reasonable
2119attorney's fees and, if the division prevails, may also award
2120reasonable costs of investigation.
2121     (e)  The division may is authorized to prepare and
2122disseminate a prospectus and other information to assist
2123prospective owners, purchasers, lessees, and developers of
2124residential condominiums in assessing the rights, privileges,
2125and duties pertaining thereto.
2126     (f)  The division has authority to adopt rules pursuant to
2127ss. 120.536(1) and 120.54 to implement and enforce the
2128provisions of this chapter.
2129     (g)  The division shall establish procedures for providing
2130notice to an association when the division is considering the
2131issuance of a declaratory statement with respect to the
2132declaration of condominium or any related document governing in
2133such condominium community.
2134     (h)  The division shall furnish each association which pays
2135the fees required by paragraph (2)(a) a copy of this act,
2136subsequent changes to this act on an annual basis, an amended
2137version of this act as it becomes available from the Secretary
2138of State's office on a biennial basis, and the rules adopted
2139promulgated pursuant thereto on an annual basis.
2140     (i)  The division shall annually provide each association
2141with a summary of declaratory statements and formal legal
2142opinions relating to the operations of condominiums which were
2143rendered by the division during the previous year.
2144     (j)  The division shall provide training programs for
2145condominium association board members and unit owners.
2146     (k)  The division shall maintain a toll-free telephone
2147number accessible to condominium unit owners.
2148     (l)  The division shall develop a program to certify both
2149volunteer and paid mediators to provide mediation of condominium
2150disputes. The division shall provide, upon request, a list of
2151such mediators to any association, unit owner, or other
2152participant in arbitration proceedings under s. 718.1255
2153requesting a copy of the list. The division shall include on the
2154list of volunteer mediators only the names of persons who have
2155received at least 20 hours of training in mediation techniques
2156or who have mediated at least 20 disputes. In order to become
2157initially certified by the division, paid mediators must be
2158certified by the Supreme Court to mediate court cases in either
2159county or circuit courts. However, the division may adopt, by
2160rule, additional factors for the certification of paid
2161mediators, which factors must be related to experience,
2162education, or background. Any person initially certified as a
2163paid mediator by the division must, in order to continue to be
2164certified, comply with the factors or requirements imposed by
2165rules adopted by the division.
2166     (m)  When a complaint is made, the division shall conduct
2167its inquiry with due regard to the interests of the affected
2168parties. Within 30 days after receipt of a complaint, the
2169division shall acknowledge the complaint in writing and notify
2170the complainant whether the complaint is within the jurisdiction
2171of the division and whether additional information is needed by
2172the division from the complainant. The division shall conduct
2173its investigation and shall, within 90 days after receipt of the
2174original complaint or of timely requested additional
2175information, take action upon the complaint. However, the
2176failure to complete the investigation within 90 days does not
2177prevent the division from continuing the investigation,
2178accepting or considering evidence obtained or received after 90
2179days, or taking administrative action if reasonable cause exists
2180to believe that a violation of this chapter or a rule of the
2181division has occurred. If an investigation is not completed
2182within the time limits established in this paragraph, the
2183division shall, on a monthly basis, notify the complainant in
2184writing of the status of the investigation. When reporting its
2185action to the complainant, the division shall inform the
2186complainant of any right to a hearing pursuant to ss. 120.569
2187and 120.57.
2188     (n)  The division may:
2189     1.  Contract with agencies in this state or other
2190jurisdictions to perform investigative functions; or
2191     2.  Accept grants-in-aid from any source.
2192     (o)  The division shall cooperate with similar agencies in
2193other jurisdictions to establish uniform filing procedures and
2194forms, public offering statements, advertising standards, and
2195rules and common administrative practices.
2196     (p)  The division shall consider notice to a developer to
2197be complete when it is delivered to the developer's address
2198currently on file with the division.
2199     (q)  In addition to its enforcement authority, the division
2200may issue a notice to show cause, which shall provide for a
2201hearing, upon written request, in accordance with chapter 120.
2202     (2)(a)  Effective January 1, 1992, Each condominium
2203association which operates more than two units shall pay to the
2204division an annual fee in the amount of $4 for each residential
2205unit in condominiums operated by the association. If the fee is
2206not paid by March 1, then the association shall be assessed a
2207penalty of 10 percent of the amount due, and the association
2208will not have standing to maintain or defend any action in the
2209courts of this state until the amount due, plus any penalty, is
2210paid.
2211     (b)  All fees shall be deposited in the Division of Florida
2212Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2213Fund as provided by law.
2214     Section 48.  Subsection (1) of section 718.5011, Florida
2215Statutes, is amended to read:
2216     718.5011  Ombudsman; appointment; administration.--
2217     (1)  There is created an Office of the Condominium
2218Ombudsman, to be located for administrative purposes within the
2219Division of Florida Land Sales, Condominiums, Timeshares, and
2220Mobile Homes. The functions of the office shall be funded by the
2221Division of Florida Land Sales, Condominiums, Timeshares, and
2222Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
2223of the division, and the office shall be set within the division
2224in the same manner as any other bureau is staffed and funded.
2225     Section 49.  Paragraph (a) of subsection (2) of section
2226718.502, Florida Statutes, is amended to read:
2227     718.502  Filing prior to sale or lease.--
2228     (2)(a)  Prior to filing as required by subsection (1), and
2229prior to acquiring an ownership, leasehold, or contractual
2230interest in the land upon which the condominium is to be
2231developed, a developer shall not offer a contract for purchase
2232of a unit or lease of a unit for more than 5 years. However, the
2233developer may accept deposits for reservations upon the approval
2234of a fully executed escrow agreement and reservation agreement
2235form properly filed with the Division of Florida Land Sales,
2236Condominiums, Timeshares, and Mobile Homes. Each filing of a
2237proposed reservation program shall be accompanied by a filing
2238fee of $250. Reservations shall not be taken on a proposed
2239condominium unless the developer has an ownership, leasehold, or
2240contractual interest in the land upon which the condominium is
2241to be developed. The division shall notify the developer within
224220 days of receipt of the reservation filing of any deficiencies
2243contained therein. Such notification shall not preclude the
2244determination of reservation filing deficiencies at a later
2245date, nor shall it relieve the developer of any responsibility
2246under the law. The escrow agreement and the reservation
2247agreement form shall include a statement of the right of the
2248prospective purchaser to an immediate unqualified refund of the
2249reservation deposit moneys upon written request to the escrow
2250agent by the prospective purchaser or the developer.
2251     Section 50.  Section 718.504, Florida Statutes, is amended
2252to read:
2253     718.504  Prospectus or offering circular.--Every developer
2254of a residential condominium which contains more than 20
2255residential units, or which is part of a group of residential
2256condominiums which will be served by property to be used in
2257common by unit owners of more than 20 residential units, shall
2258prepare a prospectus or offering circular and file it with the
2259Division of Florida Land Sales, Condominiums, Timeshares, and
2260Mobile Homes prior to entering into an enforceable contract of
2261purchase and sale of any unit or lease of a unit for more than 5
2262years and shall furnish a copy of the prospectus or offering
2263circular to each buyer. In addition to the prospectus or
2264offering circular, each buyer shall be furnished a separate page
2265entitled "Frequently Asked Questions and Answers," which shall
2266be in accordance with a format approved by the division and a
2267copy of the financial information required by s. 718.111. This
2268page shall, in readable language, inform prospective purchasers
2269regarding their voting rights and unit use restrictions,
2270including restrictions on the leasing of a unit; shall indicate
2271whether and in what amount the unit owners or the association is
2272obligated to pay rent or land use fees for recreational or other
2273commonly used facilities; shall contain a statement identifying
2274that amount of assessment which, pursuant to the budget, would
2275be levied upon each unit type, exclusive of any special
2276assessments, and which shall further identify the basis upon
2277which assessments are levied, whether monthly, quarterly, or
2278otherwise; shall state and identify any court cases in which the
2279association is currently a party of record in which the
2280association may face liability in excess of $100,000; and which
2281shall further state whether membership in a recreational
2282facilities association is mandatory, and if so, shall identify
2283the fees currently charged per unit type. The division shall by
2284rule require such other disclosure as in its judgment will
2285assist prospective purchasers. The prospectus or offering
2286circular may include more than one condominium, although not all
2287such units are being offered for sale as of the date of the
2288prospectus or offering circular. The prospectus or offering
2289circular must contain the following information:
2290     (1)  The front cover or the first page must contain only:
2291     (a)  The name of the condominium.
2292     (b)  The following statements in conspicuous type:
2293     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2294MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2295     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2296NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2297ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2298MATERIALS.
2299     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2300STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2301PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2302REPRESENTATIONS.
2303     (2)  Summary: The next page must contain all statements
2304required to be in conspicuous type in the prospectus or offering
2305circular.
2306     (3)  A separate index of the contents and exhibits of the
2307prospectus.
2308     (4)  Beginning on the first page of the text (not including
2309the summary and index), a description of the condominium,
2310including, but not limited to, the following information:
2311     (a)  Its name and location.
2312     (b)  A description of the condominium property, including,
2313without limitation:
2314     1.  The number of buildings, the number of units in each
2315building, the number of bathrooms and bedrooms in each unit, and
2316the total number of units, if the condominium is not a phase
2317condominium, or the maximum number of buildings that may be
2318contained within the condominium, the minimum and maximum
2319numbers of units in each building, the minimum and maximum
2320numbers of bathrooms and bedrooms that may be contained in each
2321unit, and the maximum number of units that may be contained
2322within the condominium, if the condominium is a phase
2323condominium.
2324     2.  The page in the condominium documents where a copy of
2325the plot plan and survey of the condominium is located.
2326     3.  The estimated latest date of completion of
2327constructing, finishing, and equipping. In lieu of a date, the
2328description shall include a statement that the estimated date of
2329completion of the condominium is in the purchase agreement and a
2330reference to the article or paragraph containing that
2331information.
2332     (c)  The maximum number of units that will use facilities
2333in common with the condominium. If the maximum number of units
2334will vary, a description of the basis for variation and the
2335minimum amount of dollars per unit to be spent for additional
2336recreational facilities or enlargement of such facilities. If
2337the addition or enlargement of facilities will result in a
2338material increase of a unit owner's maintenance expense or
2339rental expense, if any, the maximum increase and limitations
2340thereon shall be stated.
2341     (5)(a)  A statement in conspicuous type describing whether
2342the condominium is created and being sold as fee simple
2343interests or as leasehold interests. If the condominium is
2344created or being sold on a leasehold, the location of the lease
2345in the disclosure materials shall be stated.
2346     (b)  If timeshare estates are or may be created with
2347respect to any unit in the condominium, a statement in
2348conspicuous type stating that timeshare estates are created and
2349being sold in units in the condominium.
2350     (6)  A description of the recreational and other commonly
2351used facilities that will be used only by unit owners of the
2352condominium, including, but not limited to, the following:
2353     (a)  Each room and its intended purposes, location,
2354approximate floor area, and capacity in numbers of people.
2355     (b)  Each swimming pool, as to its general location,
2356approximate size and depths, approximate deck size and capacity,
2357and whether heated.
2358     (c)  Additional facilities, as to the number of each
2359facility, its approximate location, approximate size, and
2360approximate capacity.
2361     (d)  A general description of the items of personal
2362property and the approximate number of each item of personal
2363property that the developer is committing to furnish for each
2364room or other facility or, in the alternative, a representation
2365as to the minimum amount of expenditure that will be made to
2366purchase the personal property for the facility.
2367     (e)  The estimated date when each room or other facility
2368will be available for use by the unit owners.
2369     (f)1.  An identification of each room or other facility to
2370be used by unit owners that will not be owned by the unit owners
2371or the association;
2372     2.  A reference to the location in the disclosure materials
2373of the lease or other agreements providing for the use of those
2374facilities; and
2375     3.  A description of the terms of the lease or other
2376agreements, including the length of the term; the rent payable,
2377directly or indirectly, by each unit owner, and the total rent
2378payable to the lessor, stated in monthly and annual amounts for
2379the entire term of the lease; and a description of any option to
2380purchase the property leased under any such lease, including the
2381time the option may be exercised, the purchase price or how it
2382is to be determined, the manner of payment, and whether the
2383option may be exercised for a unit owner's share or only as to
2384the entire leased property.
2385     (g)  A statement as to whether the developer may provide
2386additional facilities not described above; their general
2387locations and types; improvements or changes that may be made;
2388the approximate dollar amount to be expended; and the maximum
2389additional common expense or cost to the individual unit owners
2390that may be charged during the first annual period of operation
2391of the modified or added facilities.
2392
2393Descriptions as to locations, areas, capacities, numbers,
2394volumes, or sizes may be stated as approximations or minimums.
2395     (7)  A description of the recreational and other facilities
2396that will be used in common with other condominiums, community
2397associations, or planned developments which require the payment
2398of the maintenance and expenses of such facilities, either
2399directly or indirectly, by the unit owners. The description
2400shall include, but not be limited to, the following:
2401     (a)  Each building and facility committed to be built.
2402     (b)  Facilities not committed to be built except under
2403certain conditions, and a statement of those conditions or
2404contingencies.
2405     (c)  As to each facility committed to be built, or which
2406will be committed to be built upon the happening of one of the
2407conditions in paragraph (b), a statement of whether it will be
2408owned by the unit owners having the use thereof or by an
2409association or other entity which will be controlled by them, or
2410others, and the location in the exhibits of the lease or other
2411document providing for use of those facilities.
2412     (d)  The year in which each facility will be available for
2413use by the unit owners or, in the alternative, the maximum
2414number of unit owners in the project at the time each of all of
2415the facilities is committed to be completed.
2416     (e)  A general description of the items of personal
2417property, and the approximate number of each item of personal
2418property, that the developer is committing to furnish for each
2419room or other facility or, in the alternative, a representation
2420as to the minimum amount of expenditure that will be made to
2421purchase the personal property for the facility.
2422     (f)  If there are leases, a description thereof, including
2423the length of the term, the rent payable, and a description of
2424any option to purchase.
2425
2426Descriptions shall include location, areas, capacities, numbers,
2427volumes, or sizes and may be stated as approximations or
2428minimums.
2429     (8)  Recreation lease or associated club membership:
2430     (a)  If any recreational facilities or other facilities
2431offered by the developer and available to, or to be used by,
2432unit owners are to be leased or have club membership associated,
2433the following statement in conspicuous type shall be included:
2434THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2435CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2436CONDOMINIUM. There shall be a reference to the location in the
2437disclosure materials where the recreation lease or club
2438membership is described in detail.
2439     (b)  If it is mandatory that unit owners pay a fee, rent,
2440dues, or other charges under a recreational facilities lease or
2441club membership for the use of facilities, there shall be in
2442conspicuous type the applicable statement:
2443     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2444MANDATORY FOR UNIT OWNERS; or
2445     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2446TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2447     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2448COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2449REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2450LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2451     4.  A similar statement of the nature of the organization
2452or the manner in which the use rights are created, and that unit
2453owners are required to pay.
2454
2455Immediately following the applicable statement, the location in
2456the disclosure materials where the development is described in
2457detail shall be stated.
2458     (c)  If the developer, or any other person other than the
2459unit owners and other persons having use rights in the
2460facilities, reserves, or is entitled to receive, any rent, fee,
2461or other payment for the use of the facilities, then there shall
2462be the following statement in conspicuous type: THE UNIT OWNERS
2463OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2464RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2465following this statement, the location in the disclosure
2466materials where the rent or land use fees are described in
2467detail shall be stated.
2468     (d)  If, in any recreation format, whether leasehold, club,
2469or other, any person other than the association has the right to
2470a lien on the units to secure the payment of assessments, rent,
2471or other exactions, there shall appear a statement in
2472conspicuous type in substantially the following form:
2473     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2474SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2475RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2476PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2477     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2478SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2479FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2480OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2481THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2482
2483Immediately following the applicable statement, the location in
2484the disclosure materials where the lien or lien right is
2485described in detail shall be stated.
2486     (9)  If the developer or any other person has the right to
2487increase or add to the recreational facilities at any time after
2488the establishment of the condominium whose unit owners have use
2489rights therein, without the consent of the unit owners or
2490associations being required, there shall appear a statement in
2491conspicuous type in substantially the following form:
2492RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2493OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2494statement, the location in the disclosure materials where such
2495reserved rights are described shall be stated.
2496     (10)  A statement of whether the developer's plan includes
2497a program of leasing units rather than selling them, or leasing
2498units and selling them subject to such leases. If so, there
2499shall be a description of the plan, including the number and
2500identification of the units and the provisions and term of the
2501proposed leases, and a statement in boldfaced type that: THE
2502UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2503     (11)  The arrangements for management of the association
2504and maintenance and operation of the condominium property and of
2505other property that will serve the unit owners of the
2506condominium property, and a description of the management
2507contract and all other contracts for these purposes having a
2508term in excess of 1 year, including the following:
2509     (a)  The names of contracting parties.
2510     (b)  The term of the contract.
2511     (c)  The nature of the services included.
2512     (d)  The compensation, stated on a monthly and annual
2513basis, and provisions for increases in the compensation.
2514     (e)  A reference to the volumes and pages of the
2515condominium documents and of the exhibits containing copies of
2516such contracts.
2517
2518Copies of all described contracts shall be attached as exhibits.
2519If there is a contract for the management of the condominium
2520property, then a statement in conspicuous type in substantially
2521the following form shall appear, identifying the proposed or
2522existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2523THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2524CONTRACT MANAGER). Immediately following this statement, the
2525location in the disclosure materials of the contract for
2526management of the condominium property shall be stated.
2527     (12)  If the developer or any other person or persons other
2528than the unit owners has the right to retain control of the
2529board of administration of the association for a period of time
2530which can exceed 1 year after the closing of the sale of a
2531majority of the units in that condominium to persons other than
2532successors or alternate developers, then a statement in
2533conspicuous type in substantially the following form shall be
2534included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2535RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2536HAVE BEEN SOLD. Immediately following this statement, the
2537location in the disclosure materials where this right to control
2538is described in detail shall be stated.
2539     (13)  If there are any restrictions upon the sale,
2540transfer, conveyance, or leasing of a unit, then a statement in
2541conspicuous type in substantially the following form shall be
2542included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2543CONTROLLED. Immediately following this statement, the location
2544in the disclosure materials where the restriction, limitation,
2545or control on the sale, lease, or transfer of units is described
2546in detail shall be stated.
2547     (14)  If the condominium is part of a phase project, the
2548following information shall be stated:
2549     (a)  A statement in conspicuous type in substantially the
2550following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2551UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2552this statement, the location in the disclosure materials where
2553the phasing is described shall be stated.
2554     (b)  A summary of the provisions of the declaration which
2555provide for the phasing.
2556     (c)  A statement as to whether or not residential buildings
2557and units which are added to the condominium may be
2558substantially different from the residential buildings and units
2559originally in the condominium. If the added residential
2560buildings and units may be substantially different, there shall
2561be a general description of the extent to which such added
2562residential buildings and units may differ, and a statement in
2563conspicuous type in substantially the following form shall be
2564included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2565MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2566UNITS IN THE CONDOMINIUM. Immediately following this statement,
2567the location in the disclosure materials where the extent to
2568which added residential buildings and units may substantially
2569differ is described shall be stated.
2570     (d)  A statement of the maximum number of buildings
2571containing units, the maximum and minimum numbers of units in
2572each building, the maximum number of units, and the minimum and
2573maximum square footage of the units that may be contained within
2574each parcel of land which may be added to the condominium.
2575     (15)  If a condominium created on or after July 1, 2000, is
2576or may become part of a multicondominium, the following
2577information must be provided:
2578     (a)  A statement in conspicuous type in substantially the
2579following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2580MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2581(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2582this statement, the location in the prospectus or offering
2583circular and its exhibits where the multicondominium aspects of
2584the offering are described must be stated.
2585     (b)  A summary of the provisions in the declaration,
2586articles of incorporation, and bylaws which establish and
2587provide for the operation of the multicondominium, including a
2588statement as to whether unit owners in the condominium will have
2589the right to use recreational or other facilities located or
2590planned to be located in other condominiums operated by the same
2591association, and the manner of sharing the common expenses
2592related to such facilities.
2593     (c)  A statement of the minimum and maximum number of
2594condominiums, and the minimum and maximum number of units in
2595each of those condominiums, which will or may be operated by the
2596association, and the latest date by which the exact number will
2597be finally determined.
2598     (d)  A statement as to whether any of the condominiums in
2599the multicondominium may include units intended to be used for
2600nonresidential purposes and the purpose or purposes permitted
2601for such use.
2602     (e)  A general description of the location and approximate
2603acreage of any land on which any additional condominiums to be
2604operated by the association may be located.
2605     (16)  If the condominium is created by conversion of
2606existing improvements, the following information shall be
2607stated:
2608     (a)  The information required by s. 718.616.
2609     (b)  A caveat that there are no express warranties unless
2610they are stated in writing by the developer.
2611     (17)  A summary of the restrictions, if any, to be imposed
2612on units concerning the use of any of the condominium property,
2613including statements as to whether there are restrictions upon
2614children and pets, and reference to the volumes and pages of the
2615condominium documents where such restrictions are found, or if
2616such restrictions are contained elsewhere, then a copy of the
2617documents containing the restrictions shall be attached as an
2618exhibit.
2619     (18)  If there is any land that is offered by the developer
2620for use by the unit owners and that is neither owned by them nor
2621leased to them, the association, or any entity controlled by
2622unit owners and other persons having the use rights to such
2623land, a statement shall be made as to how such land will serve
2624the condominium. If any part of such land will serve the
2625condominium, the statement shall describe the land and the
2626nature and term of service, and the declaration or other
2627instrument creating such servitude shall be included as an
2628exhibit.
2629     (19)  The manner in which utility and other services,
2630including, but not limited to, sewage and waste disposal, water
2631supply, and storm drainage, will be provided and the person or
2632entity furnishing them.
2633     (20)  An explanation of the manner in which the
2634apportionment of common expenses and ownership of the common
2635elements has been determined.
2636     (21)  An estimated operating budget for the condominium and
2637the association, and a schedule of the unit owner's expenses
2638shall be attached as an exhibit and shall contain the following
2639information:
2640     (a)  The estimated monthly and annual expenses of the
2641condominium and the association that are collected from unit
2642owners by assessments.
2643     (b)  The estimated monthly and annual expenses of each unit
2644owner for a unit, other than common expenses paid by all unit
2645owners, payable by the unit owner to persons or entities other
2646than the association, as well as to the association, including
2647fees assessed pursuant to s. 718.113(1) for maintenance of
2648limited common elements where such costs are shared only by
2649those entitled to use the limited common element, and the total
2650estimated monthly and annual expense. There may be excluded from
2651this estimate expenses which are not provided for or
2652contemplated by the condominium documents, including, but not
2653limited to, the costs of private telephone; maintenance of the
2654interior of condominium units, which is not the obligation of
2655the association; maid or janitorial services privately
2656contracted for by the unit owners; utility bills billed directly
2657to each unit owner for utility services to his or her unit;
2658insurance premiums other than those incurred for policies
2659obtained by the condominium; and similar personal expenses of
2660the unit owner. A unit owner's estimated payments for
2661assessments shall also be stated in the estimated amounts for
2662the times when they will be due.
2663     (c)  The estimated items of expenses of the condominium and
2664the association, except as excluded under paragraph (b),
2665including, but not limited to, the following items, which shall
2666be stated either as an association expense collectible by
2667assessments or as unit owners' expenses payable to persons other
2668than the association:
2669     1.  Expenses for the association and condominium:
2670     a.  Administration of the association.
2671     b.  Management fees.
2672     c.  Maintenance.
2673     d.  Rent for recreational and other commonly used
2674facilities.
2675     e.  Taxes upon association property.
2676     f.  Taxes upon leased areas.
2677     g.  Insurance.
2678     h.  Security provisions.
2679     i.  Other expenses.
2680     j.  Operating capital.
2681     k.  Reserves.
2682     l.  Fees payable to the division.
2683     2.  Expenses for a unit owner:
2684     a.  Rent for the unit, if subject to a lease.
2685     b.  Rent payable by the unit owner directly to the lessor
2686or agent under any recreational lease or lease for the use of
2687commonly used facilities, which use and payment is a mandatory
2688condition of ownership and is not included in the common expense
2689or assessments for common maintenance paid by the unit owners to
2690the association.
2691     (d)  The following statement in conspicuous type: THE
2692BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2693ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2694ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2695FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2696ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2697CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2698THE OFFERING.
2699     (e)  Each budget for an association prepared by a developer
2700consistent with this subsection shall be prepared in good faith
2701and shall reflect accurate estimated amounts for the required
2702items in paragraph (c) at the time of the filing of the offering
2703circular with the division, and subsequent increased amounts of
2704any item included in the association's estimated budget that are
2705beyond the control of the developer shall not be considered an
2706amendment that would give rise to rescission rights set forth in
2707s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2708or otherwise affect any guarantee of the developer contained in
2709the offering circular or any purchase contract. It is the intent
2710of this paragraph to clarify existing law.
2711     (f)  The estimated amounts shall be stated for a period of
2712at least 12 months and may distinguish between the period prior
2713to the time unit owners other than the developer elect a
2714majority of the board of administration and the period after
2715that date.
2716     (22)  A schedule of estimated closing expenses to be paid
2717by a buyer or lessee of a unit and a statement of whether title
2718opinion or title insurance policy is available to the buyer and,
2719if so, at whose expense.
2720     (23)  The identity of the developer and the chief operating
2721officer or principal directing the creation and sale of the
2722condominium and a statement of its and his or her experience in
2723this field.
2724     (24)  Copies of the following, to the extent they are
2725applicable, shall be included as exhibits:
2726     (a)  The declaration of condominium, or the proposed
2727declaration if the declaration has not been recorded.
2728     (b)  The articles of incorporation creating the
2729association.
2730     (c)  The bylaws of the association.
2731     (d)  The ground lease or other underlying lease of the
2732condominium.
2733     (e)  The management agreement and all maintenance and other
2734contracts for management of the association and operation of the
2735condominium and facilities used by the unit owners having a
2736service term in excess of 1 year.
2737     (f)  The estimated operating budget for the condominium and
2738the required schedule of unit owners' expenses.
2739     (g)  A copy of the floor plan of the unit and the plot plan
2740showing the location of the residential buildings and the
2741recreation and other common areas.
2742     (h)  The lease of recreational and other facilities that
2743will be used only by unit owners of the subject condominium.
2744     (i)  The lease of facilities used by owners and others.
2745     (j)  The form of unit lease, if the offer is of a
2746leasehold.
2747     (k)  A declaration of servitude of properties serving the
2748condominium but not owned by unit owners or leased to them or
2749the association.
2750     (l)  The statement of condition of the existing building or
2751buildings, if the offering is of units in an operation being
2752converted to condominium ownership.
2753     (m)  The statement of inspection for termite damage and
2754treatment of the existing improvements, if the condominium is a
2755conversion.
2756     (n)  The form of agreement for sale or lease of units.
2757     (o)  A copy of the agreement for escrow of payments made to
2758the developer prior to closing.
2759     (p)  A copy of the documents containing any restrictions on
2760use of the property required by subsection (17).
2761     (25)  Any prospectus or offering circular complying, prior
2762to the effective date of this act, with the provisions of former
2763ss. 711.69 and 711.802 may continue to be used without amendment
2764or may be amended to comply with the provisions of this chapter.
2765     (26)  A brief narrative description of the location and
2766effect of all existing and intended easements located or to be
2767located on the condominium property other than those described
2768in the declaration.
2769     (27)  If the developer is required by state or local
2770authorities to obtain acceptance or approval of any dock or
2771marina facilities intended to serve the condominium, a copy of
2772any such acceptance or approval acquired by the time of filing
2773with the division under s. 718.502(1) or a statement that such
2774acceptance or approval has not been acquired or received.
2775     (28)  Evidence demonstrating that the developer has an
2776ownership, leasehold, or contractual interest in the land upon
2777which the condominium is to be developed.
2778     Section 51.  Section 718.508, Florida Statutes, is amended
2779to read:
2780     718.508  Regulation by Division of Hotels and
2781Restaurants.--In addition to the authority, regulation, or
2782control exercised by the Division of Florida Land Sales,
2783Condominiums, Timeshares, and Mobile Homes pursuant to this act
2784with respect to condominiums, buildings included in a
2785condominium property are shall be subject to the authority,
2786regulation, or control of the Division of Hotels and Restaurants
2787of the Department of Business and Professional Regulation, to
2788the extent provided for in chapter 399.
2789     Section 52.  Section 718.509, Florida Statutes, is amended,
2790and section 498.019, Florida Statutes, is transferred,
2791renumbered as subsections (1) and (2) of that section, and
2792amended to read:
2793     718.509  Division of Florida Land Sales, Condominiums,
2794Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2795the division and any amount paid for a fee or penalty under this
2796chapter shall be deposited in the State Treasury to the credit
2797of the Division of Florida Land Sales, Condominiums, and Mobile
2798Homes Trust Fund created by s. 498.019.
2799     498.019  Division of Florida Land Sales, Condominiums, and
2800Mobile Homes Trust Fund.--
2801     (1)  There is created within the State Treasury the
2802Division of Florida Land Sales, Condominiums, Timeshares, and
2803Mobile Homes Trust Fund to be used for the administration and
2804operation of this chapter and chapters 718, 719, 721, and 723 by
2805the division.
2806     (2)  All moneys collected by the division from fees, fines,
2807or penalties or from costs awarded to the division by a court or
2808administrative final order shall be paid into the Division of
2809Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2810Trust Fund. The Legislature shall appropriate funds from this
2811trust fund sufficient to carry out the provisions of this
2812chapter and the provisions of law with respect to each category
2813of business covered by the this trust fund. The division shall
2814maintain separate revenue accounts in the trust fund for each of
2815the businesses regulated by the division. The division shall
2816provide for the proportionate allocation among the accounts of
2817expenses incurred by the division in the performance of its
2818duties with respect to each of these businesses. As part of its
2819normal budgetary process, the division shall prepare an annual
2820report of revenue and allocated expenses related to the
2821operation of each of these businesses which may be used to
2822determine fees charged by the division. This subsection shall
2823operate pursuant to the provisions of s. 215.20.
2824     Section 53.  Paragraph (a) of subsection (2) of section
2825718.608, Florida Statutes, is amended to read:
2826     718.608  Notice of intended conversion; time of delivery;
2827content.--
2828     (2)(a)  Each notice of intended conversion shall be dated
2829and in writing. The notice shall contain the following
2830statement, with the phrases of the following statement which
2831appear in upper case printed in conspicuous type:
2832
2833     These apartments are being converted to condominium by  
2834(name of developer)  , the developer.
2835     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2836YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2837AGREEMENT AS FOLLOWS:
2838     a.  If you have continuously been a resident of these
2839apartments during the last 180 days and your rental agreement
2840expires during the next 270 days, you may extend your rental
2841agreement for up to 270 days after the date of this notice.
2842     b.  If you have not been a continuous resident of these
2843apartments for the last 180 days and your rental agreement
2844expires during the next 180 days, you may extend your rental
2845agreement for up to 180 days after the date of this notice.
2846     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2847MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2848DATE OF THIS NOTICE.
2849     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2850you may extend your rental agreement for up to 45 days after the
2851date of this notice while you decide whether to extend your
2852rental agreement as explained above. To do so, you must notify
2853the developer in writing. You will then have the full 45 days to
2854decide whether to extend your rental agreement as explained
2855above.
2856     3.  During the extension of your rental agreement you will
2857be charged the same rent that you are now paying.
2858     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2859OF THE RENTAL AGREEMENT AS FOLLOWS:
2860     a.  If your rental agreement began or was extended or
2861renewed after May 1, 1980, and your rental agreement, including
2862extensions and renewals, has an unexpired term of 180 days or
2863less, you may cancel your rental agreement upon 30 days' written
2864notice and move. Also, upon 30 days' written notice, you may
2865cancel any extension of the rental agreement.
2866     b.  If your rental agreement was not begun or was not
2867extended or renewed after May 1, 1980, you may not cancel the
2868rental agreement without the consent of the developer. If your
2869rental agreement, including extensions and renewals, has an
2870unexpired term of 180 days or less, you may, however, upon 30
2871days' written notice cancel any extension of the rental
2872agreement.
2873     5.  All notices must be given in writing and sent by mail,
2874return receipt requested, or delivered in person to the
2875developer at this address:   (name and address of developer)  .
2876     6.  If you have continuously been a resident of these
2877apartments during the last 180 days:
2878     a.  You have the right to purchase your apartment and will
2879have 45 days to decide whether to purchase. If you do not buy
2880the unit at that price and the unit is later offered at a lower
2881price, you will have the opportunity to buy the unit at the
2882lower price. However, in all events your right to purchase the
2883unit ends when the rental agreement or any extension of the
2884rental agreement ends or when you waive this right in writing.
2885     b.  Within 90 days you will be provided purchase
2886information relating to your apartment, including the price of
2887your unit and the condition of the building. If you do not
2888receive this information within 90 days, your rental agreement
2889and any extension will be extended 1 day for each day over 90
2890days until you are given the purchase information. If you do not
2891want this rental agreement extension, you must notify the
2892developer in writing.
2893     7.  If you have any questions regarding this conversion or
2894the Condominium Act, you may contact the developer or the state
2895agency which regulates condominiums: The Division of Florida
2896Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2897(Tallahassee address and telephone number of division)  .
2898     Section 54.  Subsection (17) of section 719.103, Florida
2899Statutes, is amended to read:
2900     719.103  Definitions.--As used in this chapter:
2901     (17)  "Division" means the Division of Florida Land Sales,
2902Condominiums, Timeshares, and Mobile Homes of the Department of
2903Business and Professional Regulation.
2904     Section 55.  Section 719.1255, Florida Statutes, is amended
2905to read:
2906     719.1255  Alternative resolution of disputes.--The Division
2907of Florida Land Sales, Condominiums, Timeshares, and Mobile
2908Homes of the Department of Business and Professional Regulation
2909shall provide for alternative dispute resolution in accordance
2910with s. 718.1255.
2911     Section 56.  Section 719.501, Florida Statutes, is amended
2912to read:
2913     719.501  Powers and duties of Division of Florida Land
2914Sales, Condominiums, Timeshares, and Mobile Homes.--
2915     (1)  The Division of Florida Land Sales, Condominiums,
2916Timeshares, and Mobile Homes of the Department of Business and
2917Professional Regulation, referred to as the "division" in this
2918part, in addition to other powers and duties prescribed by
2919chapter 718 498, has the power to enforce and ensure compliance
2920with the provisions of this chapter and adopted rules
2921promulgated pursuant hereto relating to the development,
2922construction, sale, lease, ownership, operation, and management
2923of residential cooperative units. In performing its duties, the
2924division shall have the following powers and duties:
2925     (a)  The division may make necessary public or private
2926investigations within or outside this state to determine whether
2927any person has violated this chapter or any rule or order
2928hereunder, to aid in the enforcement of this chapter, or to aid
2929in the adoption of rules or forms hereunder.
2930     (b)  The division may require or permit any person to file
2931a statement in writing, under oath or otherwise, as the division
2932determines, as to the facts and circumstances concerning a
2933matter to be investigated.
2934     (c)  For the purpose of any investigation under this
2935chapter, the division director or any officer or employee
2936designated by the division director may administer oaths or
2937affirmations, subpoena witnesses and compel their attendance,
2938take evidence, and require the production of any matter which is
2939relevant to the investigation, including the existence,
2940description, nature, custody, condition, and location of any
2941books, documents, or other tangible things and the identity and
2942location of persons having knowledge of relevant facts or any
2943other matter reasonably calculated to lead to the discovery of
2944material evidence. Upon failure by a person to obey a subpoena
2945or to answer questions propounded by the investigating officer
2946and upon reasonable notice to all persons affected thereby, the
2947division may apply to the circuit court for an order compelling
2948compliance.
2949     (d)  Notwithstanding any remedies available to unit owners
2950and associations, if the division has reasonable cause to
2951believe that a violation of any provision of this chapter or
2952related rule promulgated pursuant hereto has occurred, the
2953division may institute enforcement proceedings in its own name
2954against a developer, association, officer, or member of the
2955board, or its assignees or agents, as follows:
2956     1.  The division may permit a person whose conduct or
2957actions may be under investigation to waive formal proceedings
2958and enter into a consent proceeding whereby orders, rules, or
2959letters of censure or warning, whether formal or informal, may
2960be entered against the person.
2961     2.  The division may issue an order requiring the
2962developer, association, officer, or member of the board, or its
2963assignees or agents, to cease and desist from the unlawful
2964practice and take such affirmative action as in the judgment of
2965the division will carry out the purposes of this chapter. Such
2966affirmative action may include, but is not limited to, an order
2967requiring a developer to pay moneys determined to be owed to a
2968condominium association.
2969     3.  The division may bring an action in circuit court on
2970behalf of a class of unit owners, lessees, or purchasers for
2971declaratory relief, injunctive relief, or restitution.
2972     4.  The division may impose a civil penalty against a
2973developer or association, or its assignees or agents, for any
2974violation of this chapter or related a rule promulgated pursuant
2975hereto. The division may impose a civil penalty individually
2976against any officer or board member who willfully and knowingly
2977violates a provision of this chapter, a rule adopted pursuant to
2978this chapter, or a final order of the division. The term
2979"willfully and knowingly" means that the division informed the
2980officer or board member that his or her action or intended
2981action violates this chapter, a rule adopted under this chapter,
2982or a final order of the division, and that the officer or board
2983member refused to comply with the requirements of this chapter,
2984a rule adopted under this chapter, or a final order of the
2985division. The division, prior to initiating formal agency action
2986under chapter 120, shall afford the officer or board member an
2987opportunity to voluntarily comply with this chapter, a rule
2988adopted under this chapter, or a final order of the division. An
2989officer or board member who complies within 10 days is not
2990subject to a civil penalty. A penalty may be imposed on the
2991basis of each day of continuing violation, but in no event shall
2992the penalty for any offense exceed $5,000. By January 1, 1998,
2993the division shall adopt, by rule, penalty guidelines applicable
2994to possible violations or to categories of violations of this
2995chapter or rules adopted by the division. The guidelines must
2996specify a meaningful range of civil penalties for each such
2997violation of the statute and rules and must be based upon the
2998harm caused by the violation, the repetition of the violation,
2999and upon such other factors deemed relevant by the division. For
3000example, the division may consider whether the violations were
3001committed by a developer or owner-controlled association, the
3002size of the association, and other factors. The guidelines must
3003designate the possible mitigating or aggravating circumstances
3004that justify a departure from the range of penalties provided by
3005the rules. It is the legislative intent that minor violations be
3006distinguished from those which endanger the health, safety, or
3007welfare of the cooperative residents or other persons and that
3008such guidelines provide reasonable and meaningful notice to the
3009public of likely penalties that may be imposed for proscribed
3010conduct. This subsection does not limit the ability of the
3011division to informally dispose of administrative actions or
3012complaints by stipulation, agreed settlement, or consent order.
3013All amounts collected shall be deposited with the Chief
3014Financial Officer to the credit of the Division of Florida Land
3015Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
3016a developer fails to pay the civil penalty, the division shall
3017thereupon issue an order directing that such developer cease and
3018desist from further operation until such time as the civil
3019penalty is paid or may pursue enforcement of the penalty in a
3020court of competent jurisdiction. If an association fails to pay
3021the civil penalty, the division shall thereupon pursue
3022enforcement in a court of competent jurisdiction, and the order
3023imposing the civil penalty or the cease and desist order shall
3024not become effective until 20 days after the date of such order.
3025Any action commenced by the division shall be brought in the
3026county in which the division has its executive offices or in the
3027county where the violation occurred.
3028     (e)  The division may is authorized to prepare and
3029disseminate a prospectus and other information to assist
3030prospective owners, purchasers, lessees, and developers of
3031residential cooperatives in assessing the rights, privileges,
3032and duties pertaining thereto.
3033     (f)  The division has authority to adopt rules pursuant to
3034ss. 120.536(1) and 120.54 to implement and enforce the
3035provisions of this chapter.
3036     (g)  The division shall establish procedures for providing
3037notice to an association when the division is considering the
3038issuance of a declaratory statement with respect to the
3039cooperative documents governing such cooperative community.
3040     (h)  The division shall furnish each association which pays
3041the fees required by paragraph (2)(a) a copy of this act,
3042subsequent changes to this act on an annual basis, an amended
3043version of this act as it becomes available from the Secretary
3044of State's office on a biennial basis, and the rules adopted
3045promulgated pursuant thereto on an annual basis.
3046     (i)  The division shall annually provide each association
3047with a summary of declaratory statements and formal legal
3048opinions relating to the operations of cooperatives which were
3049rendered by the division during the previous year.
3050     (j)  The division shall adopt uniform accounting
3051principles, policies, and standards to be used by all
3052associations in the preparation and presentation of all
3053financial statements required by this chapter. The principles,
3054policies, and standards shall take into consideration the size
3055of the association and the total revenue collected by the
3056association.
3057     (k)  The division shall provide training programs for
3058cooperative association board members and unit owners.
3059     (l)  The division shall maintain a toll-free telephone
3060number accessible to cooperative unit owners.
3061     (m)  When a complaint is made to the division, the division
3062shall conduct its inquiry with reasonable dispatch and with due
3063regard to the interests of the affected parties. Within 30 days
3064after receipt of a complaint, the division shall acknowledge the
3065complaint in writing and notify the complainant whether the
3066complaint is within the jurisdiction of the division and whether
3067additional information is needed by the division from the
3068complainant. The division shall conduct its investigation and
3069shall, within 90 days after receipt of the original complaint or
3070timely requested additional information, take action upon the
3071complaint. However, the failure to complete the investigation
3072within 90 days does not prevent the division from continuing the
3073investigation, accepting or considering evidence obtained or
3074received after 90 days, or taking administrative action if
3075reasonable cause exists to believe that a violation of this
3076chapter or a rule of the division has occurred. If an
3077investigation is not completed within the time limits
3078established in this paragraph, the division shall, on a monthly
3079basis, notify the complainant in writing of the status of the
3080investigation. When reporting its action to the complainant, the
3081division shall inform the complainant of any right to a hearing
3082pursuant to ss. 120.569 and 120.57.
3083     (n)  The division shall develop a program to certify both
3084volunteer and paid mediators to provide mediation of cooperative
3085disputes. The division shall provide, upon request, a list of
3086such mediators to any association, unit owner, or other
3087participant in arbitration proceedings under s. 718.1255
3088requesting a copy of the list. The division shall include on the
3089list of voluntary mediators only persons who have received at
3090least 20 hours of training in mediation techniques or have
3091mediated at least 20 disputes. In order to become initially
3092certified by the division, paid mediators must be certified by
3093the Supreme Court to mediate court cases in either county or
3094circuit courts. However, the division may adopt, by rule,
3095additional factors for the certification of paid mediators,
3096which factors must be related to experience, education, or
3097background. Any person initially certified as a paid mediator by
3098the division must, in order to continue to be certified, comply
3099with the factors or requirements imposed by rules adopted by the
3100division.
3101     (2)(a)  Each cooperative association shall pay to the
3102division, on or before January 1 of each year, an annual fee in
3103the amount of $4 for each residential unit in cooperatives
3104operated by the association. If the fee is not paid by March 1,
3105then the association shall be assessed a penalty of 10 percent
3106of the amount due, and the association shall not have the
3107standing to maintain or defend any action in the courts of this
3108state until the amount due is paid.
3109     (b)  All fees shall be deposited in the Division of Florida
3110Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3111Fund as provided by law.
3112     Section 57.  Paragraph (a) of subsection (2) of section
3113719.502, Florida Statutes, is amended to read:
3114     719.502  Filing prior to sale or lease.--
3115     (2)(a)  Prior to filing as required by subsection (1), and
3116prior to acquiring an ownership, leasehold, or contractual
3117interest in the land upon which the cooperative is to be
3118developed, a developer shall not offer a contract for purchase
3119or lease of a unit for more than 5 years. However, the developer
3120may accept deposits for reservations upon the approval of a
3121fully executed escrow agreement and reservation agreement form
3122properly filed with the Division of Florida Land Sales,
3123Condominiums, Timeshares, and Mobile Homes. Each filing of a
3124proposed reservation program shall be accompanied by a filing
3125fee of $250. Reservations shall not be taken on a proposed
3126cooperative unless the developer has an ownership, leasehold, or
3127contractual interest in the land upon which the cooperative is
3128to be developed. The division shall notify the developer within
312920 days of receipt of the reservation filing of any deficiencies
3130contained therein. Such notification shall not preclude the
3131determination of reservation filing deficiencies at a later
3132date, nor shall it relieve the developer of any responsibility
3133under the law. The escrow agreement and the reservation
3134agreement form shall include a statement of the right of the
3135prospective purchaser to an immediate unqualified refund of the
3136reservation deposit moneys upon written request to the escrow
3137agent by the prospective purchaser or the developer.
3138     Section 58.  Section 719.504, Florida Statutes, is amended
3139to read:
3140     719.504  Prospectus or offering circular.--Every developer
3141of a residential cooperative which contains more than 20
3142residential units, or which is part of a group of residential
3143cooperatives which will be served by property to be used in
3144common by unit owners of more than 20 residential units, shall
3145prepare a prospectus or offering circular and file it with the
3146Division of Florida Land Sales, Condominiums, Timeshares, and
3147Mobile Homes prior to entering into an enforceable contract of
3148purchase and sale of any unit or lease of a unit for more than 5
3149years and shall furnish a copy of the prospectus or offering
3150circular to each buyer. In addition to the prospectus or
3151offering circular, each buyer shall be furnished a separate page
3152entitled "Frequently Asked Questions and Answers," which must be
3153in accordance with a format approved by the division. This page
3154must, in readable language: inform prospective purchasers
3155regarding their voting rights and unit use restrictions,
3156including restrictions on the leasing of a unit; indicate
3157whether and in what amount the unit owners or the association is
3158obligated to pay rent or land use fees for recreational or other
3159commonly used facilities; contain a statement identifying that
3160amount of assessment which, pursuant to the budget, would be
3161levied upon each unit type, exclusive of any special
3162assessments, and which identifies the basis upon which
3163assessments are levied, whether monthly, quarterly, or
3164otherwise; state and identify any court cases in which the
3165association is currently a party of record in which the
3166association may face liability in excess of $100,000; and state
3167whether membership in a recreational facilities association is
3168mandatory and, if so, identify the fees currently charged per
3169unit type. The division shall by rule require such other
3170disclosure as in its judgment will assist prospective
3171purchasers. The prospectus or offering circular may include more
3172than one cooperative, although not all such units are being
3173offered for sale as of the date of the prospectus or offering
3174circular. The prospectus or offering circular must contain the
3175following information:
3176     (1)  The front cover or the first page must contain only:
3177     (a)  The name of the cooperative.
3178     (b)  The following statements in conspicuous type:
3179     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3180MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3181     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3182NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3183ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
3184MATERIALS.
3185     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3186STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3187PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3188REPRESENTATIONS.
3189     (2)  Summary: The next page must contain all statements
3190required to be in conspicuous type in the prospectus or offering
3191circular.
3192     (3)  A separate index of the contents and exhibits of the
3193prospectus.
3194     (4)  Beginning on the first page of the text (not including
3195the summary and index), a description of the cooperative,
3196including, but not limited to, the following information:
3197     (a)  Its name and location.
3198     (b)  A description of the cooperative property, including,
3199without limitation:
3200     1.  The number of buildings, the number of units in each
3201building, the number of bathrooms and bedrooms in each unit, and
3202the total number of units, if the cooperative is not a phase
3203cooperative; or, if the cooperative is a phase cooperative, the
3204maximum number of buildings that may be contained within the
3205cooperative, the minimum and maximum number of units in each
3206building, the minimum and maximum number of bathrooms and
3207bedrooms that may be contained in each unit, and the maximum
3208number of units that may be contained within the cooperative.
3209     2.  The page in the cooperative documents where a copy of
3210the survey and plot plan of the cooperative is located.
3211     3.  The estimated latest date of completion of
3212constructing, finishing, and equipping. In lieu of a date, a
3213statement that the estimated date of completion of the
3214cooperative is in the purchase agreement and a reference to the
3215article or paragraph containing that information.
3216     (c)  The maximum number of units that will use facilities
3217in common with the cooperative. If the maximum number of units
3218will vary, a description of the basis for variation and the
3219minimum amount of dollars per unit to be spent for additional
3220recreational facilities or enlargement of such facilities. If
3221the addition or enlargement of facilities will result in a
3222material increase of a unit owner's maintenance expense or
3223rental expense, if any, the maximum increase and limitations
3224thereon shall be stated.
3225     (5)(a)  A statement in conspicuous type describing whether
3226the cooperative is created and being sold as fee simple
3227interests or as leasehold interests. If the cooperative is
3228created or being sold on a leasehold, the location of the lease
3229in the disclosure materials shall be stated.
3230     (b)  If timeshare estates are or may be created with
3231respect to any unit in the cooperative, a statement in
3232conspicuous type stating that timeshare estates are created and
3233being sold in such specified units in the cooperative.
3234     (6)  A description of the recreational and other common
3235areas that will be used only by unit owners of the cooperative,
3236including, but not limited to, the following:
3237     (a)  Each room and its intended purposes, location,
3238approximate floor area, and capacity in numbers of people.
3239     (b)  Each swimming pool, as to its general location,
3240approximate size and depths, approximate deck size and capacity,
3241and whether heated.
3242     (c)  Additional facilities, as to the number of each
3243facility, its approximate location, approximate size, and
3244approximate capacity.
3245     (d)  A general description of the items of personal
3246property and the approximate number of each item of personal
3247property that the developer is committing to furnish for each
3248room or other facility or, in the alternative, a representation
3249as to the minimum amount of expenditure that will be made to
3250purchase the personal property for the facility.
3251     (e)  The estimated date when each room or other facility
3252will be available for use by the unit owners.
3253     (f)1.  An identification of each room or other facility to
3254be used by unit owners that will not be owned by the unit owners
3255or the association;
3256     2.  A reference to the location in the disclosure materials
3257of the lease or other agreements providing for the use of those
3258facilities; and
3259     3.  A description of the terms of the lease or other
3260agreements, including the length of the term; the rent payable,
3261directly or indirectly, by each unit owner, and the total rent
3262payable to the lessor, stated in monthly and annual amounts for
3263the entire term of the lease; and a description of any option to
3264purchase the property leased under any such lease, including the
3265time the option may be exercised, the purchase price or how it
3266is to be determined, the manner of payment, and whether the
3267option may be exercised for a unit owner's share or only as to
3268the entire leased property.
3269     (g)  A statement as to whether the developer may provide
3270additional facilities not described above, their general
3271locations and types, improvements or changes that may be made,
3272the approximate dollar amount to be expended, and the maximum
3273additional common expense or cost to the individual unit owners
3274that may be charged during the first annual period of operation
3275of the modified or added facilities.
3276
3277Descriptions as to locations, areas, capacities, numbers,
3278volumes, or sizes may be stated as approximations or minimums.
3279     (7)  A description of the recreational and other facilities
3280that will be used in common with other cooperatives, community
3281associations, or planned developments which require the payment
3282of the maintenance and expenses of such facilities, either
3283directly or indirectly, by the unit owners. The description
3284shall include, but not be limited to, the following:
3285     (a)  Each building and facility committed to be built.
3286     (b)  Facilities not committed to be built except under
3287certain conditions, and a statement of those conditions or
3288contingencies.
3289     (c)  As to each facility committed to be built, or which
3290will be committed to be built upon the happening of one of the
3291conditions in paragraph (b), a statement of whether it will be
3292owned by the unit owners having the use thereof or by an
3293association or other entity which will be controlled by them, or
3294others, and the location in the exhibits of the lease or other
3295document providing for use of those facilities.
3296     (d)  The year in which each facility will be available for
3297use by the unit owners or, in the alternative, the maximum
3298number of unit owners in the project at the time each of all of
3299the facilities is committed to be completed.
3300     (e)  A general description of the items of personal
3301property, and the approximate number of each item of personal
3302property, that the developer is committing to furnish for each
3303room or other facility or, in the alternative, a representation
3304as to the minimum amount of expenditure that will be made to
3305purchase the personal property for the facility.
3306     (f)  If there are leases, a description thereof, including
3307the length of the term, the rent payable, and a description of
3308any option to purchase.
3309
3310Descriptions shall include location, areas, capacities, numbers,
3311volumes, or sizes and may be stated as approximations or
3312minimums.
3313     (8)  Recreation lease or associated club membership:
3314     (a)  If any recreational facilities or other common areas
3315offered by the developer and available to, or to be used by,
3316unit owners are to be leased or have club membership associated,
3317the following statement in conspicuous type shall be included:
3318THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3319COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3320COOPERATIVE. There shall be a reference to the location in the
3321disclosure materials where the recreation lease or club
3322membership is described in detail.
3323     (b)  If it is mandatory that unit owners pay a fee, rent,
3324dues, or other charges under a recreational facilities lease or
3325club membership for the use of facilities, there shall be in
3326conspicuous type the applicable statement:
3327     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3328MANDATORY FOR UNIT OWNERS; or
3329     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3330TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3331     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3332COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3333REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3334LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3335     4.  A similar statement of the nature of the organization
3336or manner in which the use rights are created, and that unit
3337owners are required to pay.
3338
3339Immediately following the applicable statement, the location in
3340the disclosure materials where the development is described in
3341detail shall be stated.
3342     (c)  If the developer, or any other person other than the
3343unit owners and other persons having use rights in the
3344facilities, reserves, or is entitled to receive, any rent, fee,
3345or other payment for the use of the facilities, then there shall
3346be the following statement in conspicuous type: THE UNIT OWNERS
3347OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3348RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3349statement, the location in the disclosure materials where the
3350rent or land use fees are described in detail shall be stated.
3351     (d)  If, in any recreation format, whether leasehold, club,
3352or other, any person other than the association has the right to
3353a lien on the units to secure the payment of assessments, rent,
3354or other exactions, there shall appear a statement in
3355conspicuous type in substantially the following form:
3356     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3357SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3358RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3359PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3360     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3361SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3362FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3363OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3364PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3365
3366Immediately following the applicable statement, the location in
3367the disclosure materials where the lien or lien right is
3368described in detail shall be stated.
3369     (9)  If the developer or any other person has the right to
3370increase or add to the recreational facilities at any time after
3371the establishment of the cooperative whose unit owners have use
3372rights therein, without the consent of the unit owners or
3373associations being required, there shall appear a statement in
3374conspicuous type in substantially the following form:
3375RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3376OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3377statement, the location in the disclosure materials where such
3378reserved rights are described shall be stated.
3379     (10)  A statement of whether the developer's plan includes
3380a program of leasing units rather than selling them, or leasing
3381units and selling them subject to such leases. If so, there
3382shall be a description of the plan, including the number and
3383identification of the units and the provisions and term of the
3384proposed leases, and a statement in boldfaced type that: THE
3385UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3386     (11)  The arrangements for management of the association
3387and maintenance and operation of the cooperative property and of
3388other property that will serve the unit owners of the
3389cooperative property, and a description of the management
3390contract and all other contracts for these purposes having a
3391term in excess of 1 year, including the following:
3392     (a)  The names of contracting parties.
3393     (b)  The term of the contract.
3394     (c)  The nature of the services included.
3395     (d)  The compensation, stated on a monthly and annual
3396basis, and provisions for increases in the compensation.
3397     (e)  A reference to the volumes and pages of the
3398cooperative documents and of the exhibits containing copies of
3399such contracts.
3400
3401Copies of all described contracts shall be attached as exhibits.
3402If there is a contract for the management of the cooperative
3403property, then a statement in conspicuous type in substantially
3404the following form shall appear, identifying the proposed or
3405existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3406THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3407CONTRACT MANAGER). Immediately following this statement, the
3408location in the disclosure materials of the contract for
3409management of the cooperative property shall be stated.
3410     (12)  If the developer or any other person or persons other
3411than the unit owners has the right to retain control of the
3412board of administration of the association for a period of time
3413which can exceed 1 year after the closing of the sale of a
3414majority of the units in that cooperative to persons other than
3415successors or alternate developers, then a statement in
3416conspicuous type in substantially the following form shall be
3417included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3418RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3419HAVE BEEN SOLD. Immediately following this statement, the
3420location in the disclosure materials where this right to control
3421is described in detail shall be stated.
3422     (13)  If there are any restrictions upon the sale,
3423transfer, conveyance, or leasing of a unit, then a statement in
3424conspicuous type in substantially the following form shall be
3425included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3426CONTROLLED. Immediately following this statement, the location
3427in the disclosure materials where the restriction, limitation,
3428or control on the sale, lease, or transfer of units is described
3429in detail shall be stated.
3430     (14)  If the cooperative is part of a phase project, the
3431following shall be stated:
3432     (a)  A statement in conspicuous type in substantially the
3433following form shall be included: THIS IS A PHASE COOPERATIVE.
3434ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3435Immediately following this statement, the location in the
3436disclosure materials where the phasing is described shall be
3437stated.
3438     (b)  A summary of the provisions of the declaration
3439providing for the phasing.
3440     (c)  A statement as to whether or not residential buildings
3441and units which are added to the cooperative may be
3442substantially different from the residential buildings and units
3443originally in the cooperative, and, if the added residential
3444buildings and units may be substantially different, there shall
3445be a general description of the extent to which such added
3446residential buildings and units may differ, and a statement in
3447conspicuous type in substantially the following form shall be
3448included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3449MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3450UNITS IN THE COOPERATIVE. Immediately following this statement,
3451the location in the disclosure materials where the extent to
3452which added residential buildings and units may substantially
3453differ is described shall be stated.
3454     (d)  A statement of the maximum number of buildings
3455containing units, the maximum and minimum number of units in
3456each building, the maximum number of units, and the minimum and
3457maximum square footage of the units that may be contained within
3458each parcel of land which may be added to the cooperative.
3459     (15)  If the cooperative is created by conversion of
3460existing improvements, the following information shall be
3461stated:
3462     (a)  The information required by s. 719.616.
3463     (b)  A caveat that there are no express warranties unless
3464they are stated in writing by the developer.
3465     (16)  A summary of the restrictions, if any, to be imposed
3466on units concerning the use of any of the cooperative property,
3467including statements as to whether there are restrictions upon
3468children and pets, and reference to the volumes and pages of the
3469cooperative documents where such restrictions are found, or if
3470such restrictions are contained elsewhere, then a copy of the
3471documents containing the restrictions shall be attached as an
3472exhibit.
3473     (17)  If there is any land that is offered by the developer
3474for use by the unit owners and that is neither owned by them nor
3475leased to them, the association, or any entity controlled by
3476unit owners and other persons having the use rights to such
3477land, a statement shall be made as to how such land will serve
3478the cooperative. If any part of such land will serve the
3479cooperative, the statement shall describe the land and the
3480nature and term of service, and the cooperative documents or
3481other instrument creating such servitude shall be included as an
3482exhibit.
3483     (18)  The manner in which utility and other services,
3484including, but not limited to, sewage and waste disposal, water
3485supply, and storm drainage, will be provided and the person or
3486entity furnishing them.
3487     (19)  An explanation of the manner in which the
3488apportionment of common expenses and ownership of the common
3489areas have been determined.
3490     (20)  An estimated operating budget for the cooperative and
3491the association, and a schedule of the unit owner's expenses
3492shall be attached as an exhibit and shall contain the following
3493information:
3494     (a)  The estimated monthly and annual expenses of the
3495cooperative and the association that are collected from unit
3496owners by assessments.
3497     (b)  The estimated monthly and annual expenses of each unit
3498owner for a unit, other than assessments payable to the
3499association, payable by the unit owner to persons or entities
3500other than the association, and the total estimated monthly and
3501annual expense. There may be excluded from this estimate
3502expenses that are personal to unit owners, which are not
3503uniformly incurred by all unit owners, or which are not provided
3504for or contemplated by the cooperative documents, including, but
3505not limited to, the costs of private telephone; maintenance of
3506the interior of cooperative units, which is not the obligation
3507of the association; maid or janitorial services privately
3508contracted for by the unit owners; utility bills billed directly
3509to each unit owner for utility services to his or her unit;
3510insurance premiums other than those incurred for policies
3511obtained by the cooperative; and similar personal expenses of
3512the unit owner. A unit owner's estimated payments for
3513assessments shall also be stated in the estimated amounts for
3514the times when they will be due.
3515     (c)  The estimated items of expenses of the cooperative and
3516the association, except as excluded under paragraph (b),
3517including, but not limited to, the following items, which shall
3518be stated either as an association expense collectible by
3519assessments or as unit owners' expenses payable to persons other
3520than the association:
3521     1.  Expenses for the association and cooperative:
3522     a.  Administration of the association.
3523     b.  Management fees.
3524     c.  Maintenance.
3525     d.  Rent for recreational and other commonly used areas.
3526     e.  Taxes upon association property.
3527     f.  Taxes upon leased areas.
3528     g.  Insurance.
3529     h.  Security provisions.
3530     i.  Other expenses.
3531     j.  Operating capital.
3532     k.  Reserves.
3533     l.  Fee payable to the division.
3534     2.  Expenses for a unit owner:
3535     a.  Rent for the unit, if subject to a lease.
3536     b.  Rent payable by the unit owner directly to the lessor
3537or agent under any recreational lease or lease for the use of
3538commonly used areas, which use and payment are a mandatory
3539condition of ownership and are not included in the common
3540expense or assessments for common maintenance paid by the unit
3541owners to the association.
3542     (d)  The following statement in conspicuous type: THE
3543BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3544ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3545ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3546FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3547ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3548CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3549THE OFFERING.
3550     (e)  Each budget for an association prepared by a developer
3551consistent with this subsection shall be prepared in good faith
3552and shall reflect accurate estimated amounts for the required
3553items in paragraph (c) at the time of the filing of the offering
3554circular with the division, and subsequent increased amounts of
3555any item included in the association's estimated budget that are
3556beyond the control of the developer shall not be considered an
3557amendment that would give rise to rescission rights set forth in
3558s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3559or otherwise affect any guarantee of the developer contained in
3560the offering circular or any purchase contract. It is the intent
3561of this paragraph to clarify existing law.
3562     (f)  The estimated amounts shall be stated for a period of
3563at least 12 months and may distinguish between the period prior
3564to the time unit owners other than the developer elect a
3565majority of the board of administration and the period after
3566that date.
3567     (21)  A schedule of estimated closing expenses to be paid
3568by a buyer or lessee of a unit and a statement of whether title
3569opinion or title insurance policy is available to the buyer and,
3570if so, at whose expense.
3571     (22)  The identity of the developer and the chief operating
3572officer or principal directing the creation and sale of the
3573cooperative and a statement of its and his or her experience in
3574this field.
3575     (23)  Copies of the following, to the extent they are
3576applicable, shall be included as exhibits:
3577     (a)  The cooperative documents, or the proposed cooperative
3578documents if the documents have not been recorded.
3579     (b)  The articles of incorporation creating the
3580association.
3581     (c)  The bylaws of the association.
3582     (d)  The ground lease or other underlying lease of the
3583cooperative.
3584     (e)  The management agreement and all maintenance and other
3585contracts for management of the association and operation of the
3586cooperative and facilities used by the unit owners having a
3587service term in excess of 1 year.
3588     (f)  The estimated operating budget for the cooperative and
3589the required schedule of unit owners' expenses.
3590     (g)  A copy of the floor plan of the unit and the plot plan
3591showing the location of the residential buildings and the
3592recreation and other common areas.
3593     (h)  The lease of recreational and other facilities that
3594will be used only by unit owners of the subject cooperative.
3595     (i)  The lease of facilities used by owners and others.
3596     (j)  The form of unit lease, if the offer is of a
3597leasehold.
3598     (k)  A declaration of servitude of properties serving the
3599cooperative but not owned by unit owners or leased to them or
3600the association.
3601     (l)  The statement of condition of the existing building or
3602buildings, if the offering is of units in an operation being
3603converted to cooperative ownership.
3604     (m)  The statement of inspection for termite damage and
3605treatment of the existing improvements, if the cooperative is a
3606conversion.
3607     (n)  The form of agreement for sale or lease of units.
3608     (o)  A copy of the agreement for escrow of payments made to
3609the developer prior to closing.
3610     (p)  A copy of the documents containing any restrictions on
3611use of the property required by subsection (16).
3612     (24)  Any prospectus or offering circular complying with
3613the provisions of former ss. 711.69 and 711.802 may continue to
3614be used without amendment, or may be amended to comply with the
3615provisions of this chapter.
3616     (25)  A brief narrative description of the location and
3617effect of all existing and intended easements located or to be
3618located on the cooperative property other than those in the
3619declaration.
3620     (26)  If the developer is required by state or local
3621authorities to obtain acceptance or approval of any dock or
3622marina facility intended to serve the cooperative, a copy of
3623such acceptance or approval acquired by the time of filing with
3624the division pursuant to s. 719.502 or a statement that such
3625acceptance has not been acquired or received.
3626     (27)  Evidence demonstrating that the developer has an
3627ownership, leasehold, or contractual interest in the land upon
3628which the cooperative is to be developed.
3629     Section 59.  Section 719.508, Florida Statutes, is amended
3630to read:
3631     719.508  Regulation by Division of Hotels and
3632Restaurants.--In addition to the authority, regulation, or
3633control exercised by the Division of Florida Land Sales,
3634Condominiums, Timeshares, and Mobile Homes pursuant to this act
3635with respect to cooperatives, buildings included in a
3636cooperative property shall be subject to the authority,
3637regulation, or control of the Division of Hotels and Restaurants
3638of the Department of Business and Professional Regulation, to
3639the extent provided for in chapters 399 and 509.
3640     Section 60.  Paragraph (a) of subsection (2) of section
3641719.608, Florida Statutes, is amended to read:
3642     719.608  Notice of intended conversion; time of delivery;
3643content.--
3644     (2)(a)  Each notice of intended conversion shall be dated
3645and in writing. The notice shall contain the following
3646statement, with the phrases of the following statement which
3647appear in upper case printed in conspicuous type:
3648
3649     These apartments are being converted to cooperative by  
3650(name of developer)  , the developer.
3651     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3652YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3653AGREEMENT AS FOLLOWS:
3654     a.  If you have continuously been a resident of these
3655apartments during the last 180 days and your rental agreement
3656expires during the next 270 days, you may extend your rental
3657agreement for up to 270 days after the date of this notice.
3658     b.  If you have not been a continuous resident of these
3659apartments for the last 180 days and your rental agreement
3660expires during the next 180 days, you may extend your rental
3661agreement for up to 180 days after the date of this notice.
3662     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3663MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3664DATE OF THIS NOTICE.
3665     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3666you may extend your rental agreement for up to 45 days after the
3667date of this notice while you decide whether to extend your
3668rental agreement as explained above. To do so, you must notify
3669the developer in writing. You will then have the full 45 days to
3670decide whether to extend your rental agreement as explained
3671above.
3672     3.  During the extension of your rental agreement you will
3673be charged the same rent that you are now paying.
3674     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3675OF THE RENTAL AGREEMENT AS FOLLOWS:
3676     a.  If your rental agreement began or was extended or
3677renewed after May 1, 1980, and your rental agreement, including
3678extensions and renewals, has an unexpired term of 180 days or
3679less, you may cancel your rental agreement upon 30 days' written
3680notice and move. Also, upon 30 days' written notice, you may
3681cancel any extension of the rental agreement.
3682     b.  If your rental agreement was not begun or was not
3683extended or renewed after May 1, 1980, you may not cancel the
3684rental agreement without the consent of the developer. If your
3685rental agreement, including extensions and renewals, has an
3686unexpired term of 180 days or less, you may, however, upon 30
3687days' written notice cancel any extension of the rental
3688agreement.
3689     5.  All notices must be given in writing and sent by mail,
3690return receipt requested, or delivered in person to the
3691developer at this address:   (name and address of developer)  .
3692     6.  If you have continuously been a resident of these
3693apartments during the last 180 days:
3694     a.  You have the right to purchase your apartment and will
3695have 45 days to decide whether to purchase. If you do not buy
3696the unit at that price and the unit is later offered at a lower
3697price, you will have the opportunity to buy the unit at the
3698lower price. However, in all events your right to purchase the
3699unit ends when the rental agreement or any extension of the
3700rental agreement ends or when you waive this right in writing.
3701     b.  Within 90 days you will be provided purchase
3702information relating to your apartment, including the price of
3703your unit and the condition of the building. If you do not
3704receive this information within 90 days, your rental agreement
3705and any extension will be extended 1 day for each day over 90
3706days until you are given the purchase information. If you do not
3707want this rental agreement extension, you must notify the
3708developer in writing.
3709     7.  If you have any questions regarding this conversion or
3710the Cooperative Act, you may contact the developer or the state
3711agency which regulates cooperatives: The Division of Florida
3712Land Sales, Condominiums, Timeshares, and Mobile Homes,  
3713(Tallahassee address and telephone number of division)  .
3714     Section 61.  Subsection (7) of section 720.301, Florida
3715Statutes, is amended to read:
3716     720.301  Definitions.--As used in this chapter, the term:
3717     (7)  "Division" means the Division of Florida Land Sales,
3718Condominiums, Timeshares, and Mobile Homes in the Department of
3719Business and Professional Regulation.
3720     Section 62.  Subsection (2) of section 720.401, Florida
3721Statutes, is amended to read:
3722     720.401  Prospective purchasers subject to association
3723membership requirement; disclosure required; covenants;
3724assessments; contract cancellation.--
3725     (2)  This section does not apply to any association
3726regulated under chapter 718, chapter 719, chapter 721, or
3727chapter 723 or to a subdivider registered under chapter 498; and
3728also does not apply if disclosure regarding the association is
3729otherwise made in connection with the requirements of chapter
3730718, chapter 719, chapter 721, or chapter 723.
3731     Section 63.  Paragraph (c) of subsection (1) of section
3732721.03, Florida Statutes, is amended to read:
3733     721.03  Scope of chapter.--
3734     (1)  This chapter applies to all timeshare plans consisting
3735of more than seven timeshare periods over a period of at least 3
3736years in which the accommodations and facilities, if any, are
3737located within this state or offered within this state; provided
3738that:
3739     (c)  All timeshare accommodations or facilities which are
3740located outside the state but offered for sale in this state
3741shall be governed by the following:
3742     1.  The offering for sale in this state of timeshare
3743accommodations and facilities located outside the state is
3744subject only to the provisions of ss. 721.01-721.12, 721.18,
3745721.20, 721.21, 721.26, 721.28, and part II.
3746     2.  The division shall not require a developer of timeshare
3747accommodations or facilities located outside of this state to
3748make changes in any timeshare instrument to conform to the
3749provisions of s. 721.07 or s. 721.55. The division shall have
3750the power to require disclosure of those provisions of the
3751timeshare instrument that do not conform to s. 721.07 or s.
3752721.55 as the director determines is necessary to fairly,
3753meaningfully, and effectively disclose all aspects of the
3754timeshare plan.
3755     3.  Except as provided in this subparagraph, the division
3756shall have no authority to determine whether any person has
3757complied with another state's laws or to disapprove any filing
3758out-of-state, timeshare instrument, or component site document,
3759based solely upon the lack or degree of timeshare regulation in
3760another state. The division may require a developer to obtain
3761and provide to the division existing documentation relating to
3762an out-of-state filing, timeshare instrument, or component site
3763document and prove compliance of same with the laws of that
3764state. In this regard, the division may accept any evidence of
3765the approval or acceptance of any out-of-state filing, timeshare
3766instrument, or component site document by another state in lieu
3767of requiring a developer to file the out-of-state filing,
3768timeshare instrument, or component site document with the
3769division pursuant to this section, or the division may accept an
3770opinion letter from an attorney or law firm opining as to the
3771compliance of such out-of-state filing, timeshare instrument, or
3772component site document with the laws of another state. The
3773division may refuse to approve the inclusion of any out-of-state
3774filing, timeshare instrument, or component site document as part
3775of a public offering statement based upon the inability of the
3776developer to establish the compliance of same with the laws of
3777another state.
3778     4.  The division is authorized to enter into an agreement
3779with another state for the purpose of facilitating the
3780processing of out-of-state timeshare instruments or other
3781component site documents pursuant to this chapter and for the
3782purpose of facilitating the referral of consumer complaints to
3783the appropriate state.
3784     5.  Notwithstanding any other provision of this paragraph,
3785the offer, in this state, of an additional interest to existing
3786purchasers in the same timeshare plan, the same nonspecific
3787multisite timeshare plan, or the same component site of a
3788multisite timeshare plan with accommodations and facilities
3789located outside of this state shall not be subject to the
3790provisions of this chapter if the offer complies with the
3791provisions of s. 721.11(4).
3792     Section 64.  Subsection (11) of section 721.05, Florida
3793Statutes, is amended to read:
3794     721.05  Definitions.--As used in this chapter, the term:
3795     (11)  "Division" means the Division of Florida Land Sales,
3796Condominiums, Timeshares, and Mobile Homes of the Department of
3797Business and Professional Regulation.
3798     Section 65.  Paragraph (d) of subsection (2) of section
3799721.07, Florida Statutes, is amended to read:
3800     721.07  Public offering statement.--Prior to offering any
3801timeshare plan, the developer must submit a filed public
3802offering statement to the division for approval as prescribed by
3803s. 721.03, s. 721.55, or this section. Until the division
3804approves such filing, any contract regarding the sale of that
3805timeshare plan is subject to cancellation by the purchaser
3806pursuant to s. 721.10.
3807     (2)
3808     (d)  A developer shall have the authority to deliver to
3809purchasers any purchaser public offering statement that is not
3810yet approved by the division, provided that the following shall
3811apply:
3812     1.  At the time the developer delivers an unapproved
3813purchaser public offering statement to a purchaser pursuant to
3814this paragraph, the developer shall deliver a fully completed
3815and executed copy of the purchase contract required by s. 721.06
3816that contains the following statement in conspicuous type in
3817substantially the following form which shall replace the
3818statements required by s. 721.06(1)(g):
3819
3820The developer is delivering to you a public offering statement
3821that has been filed with but not yet approved by the Division of
3822Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3823Any revisions to the unapproved public offering statement you
3824have received must be delivered to you, but only if the
3825revisions materially alter or modify the offering in a manner
3826adverse to you. After the division approves the public offering
3827statement, you will receive notice of the approval from the
3828developer and the required revisions, if any.
3829
3830Your statutory right to cancel this transaction without any
3831penalty or obligation expires 10 calendar days after the date
3832you signed your purchase contract or the date on which you
3833receive the last of all documents required to be given to you
3834pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3835days after you receive revisions required to be delivered to
3836you, if any, whichever is later. If you decide to cancel this
3837contract, you must notify the seller in writing of your intent
3838to cancel. Your notice of cancellation shall be effective upon
3839the date sent and shall be sent to   (Name of Seller)   at  
3840(Address of Seller)  . Any attempt to obtain a waiver of your
3841cancellation right is void and of no effect. While you may
3842execute all closing documents in advance, the closing, as
3843evidenced by delivery of the deed or other document, before
3844expiration of your 10-day cancellation period, is prohibited.
3845
3846     2.  After receipt of approval from the division and prior
3847to closing, if any revisions made to the documents contained in
3848the purchaser public offering statement materially alter or
3849modify the offering in a manner adverse to a purchaser, the
3850developer shall send the purchaser such revisions together with
3851a notice containing a statement in conspicuous type in
3852substantially the following form:
3853
3854The unapproved public offering statement previously delivered to
3855you, together with the enclosed revisions, has been approved by
3856the Division of Florida Land Sales, Condominiums, Timeshares,
3857and Mobile Homes. Accordingly, your cancellation right expires
385810 calendar days after you sign your purchase contract or 10
3859calendar days after you receive these revisions, whichever is
3860later. If you have any questions regarding your cancellation
3861rights, you may contact the division at [insert division's
3862current address].
3863
3864     3.  After receipt of approval from the division and prior
3865to closing, if no revisions have been made to the documents
3866contained in the unapproved purchaser public offering statement,
3867or if such revisions do not materially alter or modify the
3868offering in a manner adverse to a purchaser, the developer shall
3869send the purchaser a notice containing a statement in
3870conspicuous type in substantially the following form:
3871
3872The unapproved public offering statement previously delivered to
3873you has been approved by the Division of Florida Land Sales,
3874Condominiums, Timeshares, and Mobile Homes. Revisions made to
3875the unapproved public offering statement, if any, are either not
3876required to be delivered to you or are not deemed by the
3877developer, in its opinion, to materially alter or modify the
3878offering in a manner that is adverse to you. Accordingly, your
3879cancellation right expired 10 days after you signed your
3880purchase contract. A complete copy of the approved public
3881offering statement is available through the managing entity for
3882inspection as part of the books and records of the plan. If you
3883have any questions regarding your cancellation rights, you may
3884contact the division at [insert division's current address].
3885     Section 66.  Subsection (8) of section 721.08, Florida
3886Statutes, is amended to read:
3887     721.08  Escrow accounts; nondisturbance instruments;
3888alternate security arrangements; transfer of legal title.--
3889     (8)  An escrow agent holding escrowed funds pursuant to
3890this chapter that have not been claimed for a period of 5 years
3891after the date of deposit shall make at least one reasonable
3892attempt to deliver such unclaimed funds to the purchaser who
3893submitted such funds to escrow. In making such attempt, an
3894escrow agent is entitled to rely on a purchaser's last known
3895address as set forth in the books and records of the escrow
3896agent and is not required to conduct any further search for the
3897purchaser. If an escrow agent's attempt to deliver unclaimed
3898funds to any purchaser is unsuccessful, the escrow agent may
3899deliver such unclaimed funds to the division and the division
3900shall deposit such unclaimed funds in the Division of Florida
3901Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3902Fund, 30 days after giving notice in a publication of general
3903circulation in the county in which the timeshare property
3904containing the purchaser's timeshare interest is located. The
3905purchaser may claim the same at any time prior to the delivery
3906of such funds to the division. After delivery of such funds to
3907the division, the purchaser shall have no more rights to the
3908unclaimed funds. The escrow agent shall not be liable for any
3909claims from any party arising out of the escrow agent's delivery
3910of the unclaimed funds to the division pursuant to this section.
3911     Section 67.  Section 721.26, Florida Statutes, is amended
3912to read:
3913     721.26  Regulation by division.--The division has the power
3914to enforce and ensure compliance with the provisions of this
3915chapter, except for parts III and IV, using the powers provided
3916in this chapter, as well as the powers prescribed in chapters
3917498, 718, and 719. In performing its duties, the division shall
3918have the following powers and duties:
3919     (1)  To aid in the enforcement of this chapter, or any
3920division rule adopted or order promulgated or issued pursuant to
3921this chapter, the division may make necessary public or private
3922investigations within or outside this state to determine whether
3923any person has violated or is about to violate this chapter, or
3924any division rule adopted or order promulgated or issued
3925pursuant to this chapter.
3926     (2)  The division may require or permit any person to file
3927a written statement under oath or otherwise, as the division
3928determines, as to the facts and circumstances concerning a
3929matter under investigation.
3930     (3)  For the purpose of any investigation under this
3931chapter, the director of the division or any officer or employee
3932designated by the director may administer oaths or affirmations,
3933subpoena witnesses and compel their attendance, take evidence,
3934and require the production of any matter which is relevant to
3935the investigation, including the identity, existence,
3936description, nature, custody, condition, and location of any
3937books, documents, or other tangible things and the identity and
3938location of persons having knowledge of relevant facts or any
3939other matter reasonably calculated to lead to the discovery of
3940material evidence. Failure to obey a subpoena or to answer
3941questions propounded by the investigating officer and upon
3942reasonable notice to all persons affected thereby shall be a
3943violation of this chapter. In addition to the other enforcement
3944powers authorized in this subsection, the division may, at its
3945discretion, apply to the circuit court for an order compelling
3946compliance.
3947     (4)  The division may prepare and disseminate a prospectus
3948and other information to assist prospective purchasers, sellers,
3949and managing entities of timeshare plans in assessing the
3950rights, privileges, and duties pertaining thereto.
3951     (5)  Notwithstanding any remedies available to purchasers,
3952if the division has reasonable cause to believe that a violation
3953of this chapter, or of any division rule adopted or order
3954promulgated or issued pursuant to this chapter, has occurred,
3955the division may institute enforcement proceedings in its own
3956name against any regulated party, as such term is defined in
3957this subsection:
3958     (a)1.  "Regulated party," for purposes of this section,
3959means any developer, exchange company, seller, managing entity,
3960owners' association, owners' association director, owners'
3961association officer, manager, management firm, escrow agent,
3962trustee, any respective assignees or agents, or any other person
3963having duties or obligations pursuant to this chapter.
3964     2.  Any person who materially participates in any offer or
3965disposition of any interest in, or the management or operation
3966of, a timeshare plan in violation of this chapter or relevant
3967rules involving fraud, deception, false pretenses,
3968misrepresentation, or false advertising or the disbursement,
3969concealment, or diversion of any funds or assets, which conduct
3970adversely affects the interests of a purchaser, and which person
3971directly or indirectly controls a regulated party or is a
3972general partner, officer, director, agent, or employee of such
3973regulated party, shall be jointly and severally liable under
3974this subsection with such regulated party, unless such person
3975did not know, and in the exercise of reasonable care could not
3976have known, of the existence of the facts giving rise to the
3977violation of this chapter. A right of contribution shall exist
3978among jointly and severally liable persons pursuant to this
3979paragraph.
3980     (b)  The division may permit any person whose conduct or
3981actions may be under investigation to waive formal proceedings
3982and enter into a consent proceeding whereby an order, rule, or
3983letter of censure or warning, whether formal or informal, may be
3984entered against that person.
3985     (c)  The division may issue an order requiring a regulated
3986party to cease and desist from an unlawful practice under this
3987chapter and take such affirmative action as in the judgment of
3988the division will carry out the purposes of this chapter.
3989     (d)1.  The division may bring an action in circuit court
3990for declaratory or injunctive relief or for other appropriate
3991relief, including restitution.
3992     2.  The division shall have broad authority and discretion
3993to petition the circuit court to appoint a receiver with respect
3994to any managing entity which fails to perform its duties and
3995obligations under this chapter with respect to the operation of
3996a timeshare plan. The circumstances giving rise to an
3997appropriate petition for receivership under this subparagraph
3998include, but are not limited to:
3999     a.  Damage to or destruction of any of the accommodations
4000or facilities of a timeshare plan, where the managing entity has
4001failed to repair or reconstruct same.
4002     b.  A breach of fiduciary duty by the managing entity,
4003including, but not limited to, undisclosed self-dealing or
4004failure to timely assess, collect, or disburse the common
4005expenses of the timeshare plan.
4006     c.  Failure of the managing entity to operate the timeshare
4007plan in accordance with the timeshare instrument and this
4008chapter.
4009
4010If, under the circumstances, it appears that the events giving
4011rise to the petition for receivership cannot be reasonably and
4012timely corrected in a cost-effective manner consistent with the
4013timeshare instrument, the receiver may petition the circuit
4014court to implement such amendments or revisions to the timeshare
4015instrument as may be necessary to enable the managing entity to
4016resume effective operation of the timeshare plan, or to enter an
4017order terminating the timeshare plan, or to enter such further
4018orders regarding the disposition of the timeshare property as
4019the court deems appropriate, including the disposition and sale
4020of the timeshare property held by the owners' association or the
4021purchasers. In the event of a receiver's sale, all rights,
4022title, and interest held by the owners' association or any
4023purchaser shall be extinguished and title shall vest in the
4024buyer. This provision applies to timeshare estates, personal
4025property timeshare interests, and timeshare licenses. All
4026reasonable costs and fees of the receiver relating to the
4027receivership shall become common expenses of the timeshare plan
4028upon order of the court.
4029     3.  The division may revoke its approval of any filing for
4030any timeshare plan for which a petition for receivership has
4031been filed pursuant to this paragraph.
4032     (e)1.  The division may impose a penalty against any
4033regulated party for a violation of this chapter or any rule
4034adopted thereunder. A penalty may be imposed on the basis of
4035each day of continuing violation, but in no event may the
4036penalty for any offense exceed $10,000. All accounts collected
4037shall be deposited with the Chief Financial Officer to the
4038credit of the Division of Florida Land Sales, Condominiums,
4039Timeshares, and Mobile Homes Trust Fund.
4040     2.a.  If a regulated party fails to pay a penalty, the
4041division shall thereupon issue an order directing that such
4042regulated party cease and desist from further operation until
4043such time as the penalty is paid; or the division may pursue
4044enforcement of the penalty in a court of competent jurisdiction.
4045     b.  If an owners' association or managing entity fails to
4046pay a civil penalty, the division may pursue enforcement in a
4047court of competent jurisdiction.
4048     (f)  In order to permit the regulated party an opportunity
4049either to appeal such decision administratively or to seek
4050relief in a court of competent jurisdiction, the order imposing
4051the penalty or the cease and desist order shall not become
4052effective until 20 days after the date of such order.
4053     (g)  Any action commenced by the division shall be brought
4054in the county in which the division has its executive offices or
4055in the county where the violation occurred.
4056     (h)  Notice to any regulated party shall be complete when
4057delivered by United States mail, return receipt requested, to
4058the party's address currently on file with the division or to
4059such other address at which the division is able to locate the
4060party. Every regulated party has an affirmative duty to notify
4061the division of any change of address at least 5 business days
4062prior to such change.
4063     (6)  The division has authority to adopt rules pursuant to
4064ss. 120.536(1) and 120.54 to implement and enforce the
4065provisions of this chapter.
4066     (7)(a)  The use of any unfair or deceptive act or practice
4067by any person in connection with the sales or other operations
4068of an exchange program or timeshare plan is a violation of this
4069chapter.
4070     (b)  Any violation of the Florida Deceptive and Unfair
4071Trade Practices Act, ss. 501.201 et seq., relating to the
4072creation, promotion, sale, operation, or management of any
4073timeshare plan shall also be a violation of this chapter.
4074     (c)  The division may is authorized to institute
4075proceedings against any such person and take any appropriate
4076action authorized in this section in connection therewith,
4077notwithstanding any remedies available to purchasers.
4078     (8)  The failure of any person to comply with any order of
4079the division is a violation of this chapter.
4080     Section 68.  Section 721.28, Florida Statutes, is amended
4081to read:
4082     721.28  Division of Florida Land Sales, Condominiums,
4083Timeshares, and Mobile Homes Trust Fund.--All funds collected by
4084the division and any amounts paid as fees or penalties under
4085this chapter shall be deposited in the State Treasury to the
4086credit of the Division of Florida Land Sales, Condominiums,
4087Timeshares, and Mobile Homes Trust Fund created by s. 718.509
4088498.019.
4089     Section 69.  Paragraph (c) of subsection (1) of section
4090721.301, Florida Statutes, is amended to read:
4091     721.301  Florida Timesharing, Vacation Club, and
4092Hospitality Program.--
4093     (1)
4094     (c)  The director may designate funds from the Division of
4095Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
4096Trust Fund, not to exceed $50,000 annually, to support the
4097projects and proposals undertaken pursuant to paragraph (b). All
4098state trust funds to be expended pursuant to this section must
4099be matched equally with private moneys and shall comprise no
4100more than half of the total moneys expended annually.
4101     Section 70.  Section 721.50, Florida Statutes, is amended
4102to read:
4103     721.50  Short title.--This part may be cited as the
4104"McAllister Act" in recognition and appreciation for the years
4105of extraordinary and insightful contributions by Mr. Bryan C.
4106McAllister, Examinations Supervisor of the former, Division of
4107Florida Land Sales, Condominiums, and Mobile Homes.
4108     Section 71.  Subsection (1) of section 723.003, Florida
4109Statutes, is amended to read:
4110     723.003  Definitions.--As used in this chapter, the
4111following words and terms have the following meanings unless
4112clearly indicated otherwise:
4113     (1)  The term "division" means the Division of Florida Land
4114Sales, Condominiums, Timeshares, and Mobile Homes of the
4115Department of Business and Professional Regulation.
4116     Section 72.  Paragraph (e) of subsection (5) of section
4117723.006, Florida Statutes, is amended to read:
4118     723.006  Powers and duties of division.--In performing its
4119duties, the division has the following powers and duties:
4120     (5)  Notwithstanding any remedies available to mobile home
4121owners, mobile home park owners, and homeowners' associations,
4122if the division has reasonable cause to believe that a violation
4123of any provision of this chapter or related any rule promulgated
4124pursuant hereto has occurred, the division may institute
4125enforcement proceedings in its own name against a developer,
4126mobile home park owner, or homeowners' association, or its
4127assignee or agent, as follows:
4128     (e)1.  The division may impose a civil penalty against a
4129mobile home park owner or homeowners' association, or its
4130assignee or agent, for any violation of this chapter, a properly
4131adopted promulgated park rule or regulation, or a rule adopted
4132or regulation promulgated pursuant hereto. A penalty may be
4133imposed on the basis of each separate violation and, if the
4134violation is a continuing one, for each day of continuing
4135violation, but in no event may the penalty for each separate
4136violation or for each day of continuing violation exceed $5,000.
4137All amounts collected shall be deposited with the Chief
4138Financial Officer to the credit of the Division of Florida Land
4139Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
4140     2.  If a violator fails to pay the civil penalty, the
4141division shall thereupon issue an order directing that such
4142violator cease and desist from further violation until such time
4143as the civil penalty is paid or may pursue enforcement of the
4144penalty in a court of competent jurisdiction. If a homeowners'
4145association fails to pay the civil penalty, the division shall
4146thereupon pursue enforcement in a court of competent
4147jurisdiction, and the order imposing the civil penalty or the
4148cease and desist order shall not become effective until 20 days
4149after the date of such order. Any action commenced by the
4150division shall be brought in the county in which the division
4151has its executive offices or in which the violation occurred.
4152     Section 73.  Section 723.009, Florida Statutes, is amended
4153to read:
4154     723.009  Division of Florida Land Sales, Condominiums,
4155Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4156fees, penalties, and fines imposed pursuant to this chapter
4157shall be deposited into the Division of Florida Land Sales,
4158Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4159s. 718.509 498.019. Moneys in this fund, as appropriated by the
4160Legislature pursuant to chapter 216, may be used to defray the
4161expenses incurred by the division in administering the
4162provisions of this chapter.
4163     Section 74.  Paragraph (c) of subsection (2) of section
4164723.0611, Florida Statutes, is amended to read:
4165     723.0611  Florida Mobile Home Relocation Corporation.--
4166     (2)
4167     (c)  The corporation shall, for purposes of s. 768.28, be
4168considered an agency of the state. Agents or employees of the
4169corporation, members of the board of directors of the
4170corporation, or representatives of the Division of Florida Land
4171Sales, Condominiums, Timeshares, and Mobile Homes shall be
4172considered officers, employees, or agents of the state, and
4173actions against them and the corporation shall be governed by s.
4174768.28.
4175     Section 75.  Except as otherwise expressly provided in this
4176act, this act shall take effect July 1, 2008.


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