November 26, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h0601er
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.;
4providing for an condominium association director to
5abstain from an association vote; providing for
6application; requiring that hazard insurance be based upon
7the replacement cost of the property to be insured as
8determined by an independent insurance appraisal or update
9of a prior appraisal; requiring that the full insurable
10value be determined at specified intervals; providing a
11means by which an association may provide adequate hazard
12insurance; authorizing an association to consider certain
13information when determining coverage amounts; providing
14for coverage by developer-controlled associations;
15providing that policies may include deductibles as
16determined by the association's board of directors;
17providing requirements and guidelines for the
18establishment of such deductibles; requiring that the
19amounts of deductibles be set at a meeting of the board;
20providing requirements for such meeting; requiring that an
21association controlled by unit owners operating as a
22residential condominium use its best efforts to obtain and
23maintain adequate insurance to protect the association and
24property under its supervision or control; providing that
25a declaration of condominium may provide that condominium
26property consisting of freestanding buildings comprised of
27no more than one building in or on such unit need not be
28insured by the association if the declaration requires the
29unit owner to obtain adequate insurance for the
30condominium property; authorizing an association to obtain
31and maintain liability insurance for directors and
32officers, insurance for the benefit of association
33employees, and flood insurance for common elements,
34association property, and units; requiring that every
35hazard insurance policy issued or renewed on or after a
36specified date for the purpose of protecting the
37condominium provide certain coverage; requiring that such
38policies contain certain provisions; providing that such
39policies issued to individual unit owners do not provide
40rights of subrogation against the condominium association;
41providing for the insurance of improvements or additions
42benefiting fewer than all unit owners; requiring that an
43association require each owner to provide evidence of a
44current policy of hazard and liability insurance upon
45request; limiting the frequency with which an association
46may make such a request; authorizing an association to
47purchase coverage on behalf of an owner under certain
48circumstances; providing for the collection of the costs
49of such a policy; providing responsibilities of the unit
50owner and association with regard to reconstruction work
51and associated costs after a casualty loss; authorizing a
52multicondominium association to operate such condominiums
53as a single condominium for certain purposes by majority
54vote of the members of all applicable condominiums;
55providing that such election constitutes an amendment to
56the declaration of all applicable condominiums; requiring
57that an association maintain insurance or fidelity bonding
58for all persons who control or disburse association funds;
59requiring that such insurance policy or fidelity bond
60cover the maximum funds in the custody of the association
61or its management agent at any one time; defining the term
62"persons who control or disburse funds of the
63association"; authorizing an association to amend the
64declaration of condominium without regard to any
65requirement for approval by mortgagees of amendments
66affecting insurance requirements for the purpose of
67conforming the declaration of condominium to certain
68coverage requirements; providing that any portion of the
69condominium property required to be insured by the
70association against casualty loss which is damaged be
71reconstructed, repaired, or replaced as necessary by the
72association as a common expense; providing that all hazard
73insurance deductibles, uninsured losses, and other damages
74in excess of hazard insurance coverage under the hazard
75insurance policies maintained by the association are a
76common expense of the condominium; providing exceptions;
77allocating responsibility for certain costs of repair or
78reconstruction; authorizing an association to opt out of
79certain requirements related to such allocation of
80responsibility by majority vote; providing a procedure by
81which a multicondominium association that has not
82consolidated its financial operations may opt out of such
83allocation of responsibility; requiring that a decision to
84opt out be recorded; providing that such decision takes
85effect on the date on which it is recorded; authorizing
86the reversal of such decision; providing a procedure for
87reversal; providing that an association is not obligated
88to pay for any reconstruction or repair expenses for
89improvements made by an owner or the development if an
90improvement benefits only the unit for which it was
91installed; amending s. 718.115, F.S.; requiring that
92certain expenses be designated as common expenses;
93amending s. 718.116, F.S.; authorizing the designee of a
94unit owner or mortgagee to request a certificate of
95assessment; requiring that the fee for preparation of such
96certificate be stated on the certificate; providing for
97the establishment of such fees; providing for payment of
98the fee; requiring that the fee be refunded if a planned
99sale or mortgage does not occur; providing that any such
100refund is the obligation of the unit owner and is
101collectable in the same manner as an assessment; amending
102s. 718.117, F.S.; prohibiting the distribution of proceeds
103from the sale of a condominium unit to a lienholder from
104exceeding a unit owner's share of the proceeds; creating
105s. 720.30851, F.S.; requiring that the association provide
106a certificate signed by an officer or agent of the
107association stating all assessments and other moneys owed
108to the association by the parcel owner or mortgagee with
109respect to the parcel within a specified period after the
110association's receipt of a request for an estoppel
111certificate by an owner or mortgagee; providing that any
112person other than a parcel owner who relies upon a
113certificate receives the benefits and protection thereof;
114providing that a summary proceeding may be brought to
115compel the association to comply with the requirement to
116provide a certificate; providing that the prevailing party
117is entitled to recover reasonable attorney's fees;
118requiring that the fee for preparation of such certificate
119be stated on the certificate; providing for the
120establishment of such fees; providing for payment of the
121fee; requiring that the fee be refunded if a planned sale
122or mortgage does not occur; providing that any such refund
123is the obligation of the parcel owner and is collectable
124in the same manner as an assessment; amending s. 20.165,
125F.S.; changing the name of the Division of Florida Land
126Sales, Condominiums, and Mobile Homes to the Division of
127Florida Condominiums, Timeshares, and Mobile Homes and the
128Division of Technology, Licensure, and Testing to the
129Division of Technology; amending s. 215.20, F.S.;
130conforming the name of the division's trust fund to
131correspond to the name change of the division; amending s.
132450.33, F.S.; removing the requirement for a farm labor
133contractor to file a set of fingerprints with the
134department; amending s. 455.203, F.S.; authorizing the
135department to close and terminate deficient license
136applications and to approve professional license
137applications meeting certain criteria; amending s.
138455.217, F.S.; conforming terminology to changes made by
139the act; amending s. 455.2273, F.S.; authorizing the
140section to apply to disciplinary guidelines adopted by all
141boards and divisions; amending s. 468.841, F.S.;
142clarifying exemption provisions for license provisions
143governing mold-related services; amending s. 475.17, F.S.;
144revising requirements for licensure as a real estate
145broker; amending s. 475.451, F.S.; deleting requirements
146relating to the submission of certain real estate course
147rosters to the department; amending s. 477.019, F.S.,
148relating to cosmetologists; allowing a student to apply
149for licensure examination prior to graduation and to
150practice prior to licensure; amending s. 489.105, F.S.;
151clarifying that individuals and business entities that
152sell manufactured and factory-built buildings can legally
153enter into contracts for those sales; amending s. 489.511,
154F.S.; revising requirements for taking the electrical or
155alarm system contractor certification examination;
156providing requirements for certification; amending s.
157489.515, F.S.; revising requirements for certification as
158a certified contractor by the Electrical Contractors'
159Licensing Board to reflect changes made to s. 489.511,
160F.S., by this act; renumbering s. 498.009, F.S., relating
161to the location of the division's offices; amending and
162renumbering s. 498.011, F.S., relating to payment of per
163diem, mileage, and other expenses for division employees;
164providing for reimbursement of expenses for on-site
165review; deleting the expense reimbursement for inspection
166of subdivided lands; renumbering s. 498.013, F.S.,
167relating to the authentication of records; amending and
168renumbering s. 498.057, F.S., relating to service of
169process; deleting provision that service may be made by
170delivering a copy of the process to the division director;
171providing that the division can be the petitioner or the
172plaintiff; repealing ss. 498.001, 498.003, 498.005,
173498.007, 498.017, 498.021, 498.022, 498.023, 498.024,
174498.025, 498.027, 498.028, 498.029, 498.031, 498.033,
175498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
176498.051, 498.053, 498.059, 498.061, and 498.063, F.S.,
177relating to regulation of land sales practices; amending
178s. 548.0065, F.S.; including amateur mixed martial arts in
179a provision relating to the authority of the Florida State
180Boxing Commission to suspend amateur matches for violation
181of certain health and safety standards; amending s.
182548.008, F.S.; removing prohibition against holding
183amateur mixed martial arts matches in this state; amending
184s. 548.041, F.S.; providing additional licensure
185requirements for boxing participants; amending s. 718.501,
186F.S.; providing additional powers and duties of the
187division; providing for additional enforcement proceedings
188for carrying out the purposes of ch. 718, F.S.; deleting
189the payment of money by a developer to a condominium
190association as a permissible affirmative action; providing
191for actions of conservator or receiver; providing for
192application to circuit court for an order of restitution;
193providing for imposition of civil penalties and award of
194court costs, attorney's fees, and costs of investigation
195under certain circumstances; providing for contracting for
196investigative services; providing for acceptance of
197grants-in-aid; requiring the cooperation with similar
198agencies on establishment of certain procedures,
199standards, and forms; providing what constitutes
200completeness of notice; authorizing the division to issue
201a notice to show cause; providing conforming changes;
202amending s. 718.509, F.S., and transferring, renumbering,
203and amending s. 498.019, F.S.; consolidating and revising
204provisions relating to the creation, purposes, and sources
205of funds of the Division of Florida Condominiums,
206Timeshares, and Mobile Homes Trust Fund; revising
207provisions to conform to the change in division name;
208providing for the deposit of moneys resulting from an
209administrative final order; amending s. 721.03, F.S.;
210clarifying that timeshare plan includes a nonspecific
211multisite timeshare plan; amending ss. 73.073, 190.009,
212192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
213380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
214517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
215718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
216719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
217720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
218721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
219conform; providing effective dates.
220
221Be It Enacted by the Legislature of the State of Florida:
222
223     Section 1.  Paragraph (b) of subsection (1) of section
224718.111, Florida Statutes, as amended by section 6 of House Bill
225995, enacted in the 2008 Regular Session, is amended to read:
226     718.111  The association.--
227     (1)  CORPORATE ENTITY.--
228     (b)  A director of the association who is present at a
229meeting of its board at which action on any corporate matter is
230taken shall be presumed to have assented to the action taken
231unless he or she votes against such action or abstains from
232voting in respect thereto because of an asserted conflict of
233interest. A director of the association who abstains from voting
234on any action taken on any corporate matter shall be presumed to
235have taken no position with regard to the action. Directors may
236not vote by proxy or by secret ballot at board meetings, except
237that officers may be elected by secret ballot. A vote or
238abstention for each member present shall be recorded in the
239minutes.
240     Section 2.  The amendments to section 718.111, Florida
241Statutes, in this act prevail over any conflicting amendments to
242that section contained in HB 995 and enacted during the 2008
243Regular Session.
244     Section 3.  Subsection (11) of section 718.111, Florida
245Statutes, is amended to read:
246     718.111  The association.--
247     (11)  INSURANCE.--In order to protect the safety, health,
248and welfare of the people of the State of Florida and to ensure
249consistency in the provision of insurance coverage to
250condominiums and their unit owners, this subsection applies
251paragraphs (a), (b), and (c) are deemed to apply to every
252residential condominium in the state, regardless of the date of
253its declaration of condominium. It is the intent of the
254Legislature to encourage lower or stable insurance premiums for
255associations described in this subsection section.
256     (a)  Adequate hazard insurance, regardless of any
257requirement in the declaration of condominium for coverage by
258the association for full insurable value, replacement cost, or
259similar coverage, shall be based upon the replacement cost of
260the property to be insured as determined by an independent
261insurance appraisal or update of a prior appraisal. The full
262insurable value shall be determined at least once every 36
263months.
264     1.  An association or group of associations may provide
265adequate hazard insurance through a self-insurance fund that
266complies with the requirements of ss. 624.460-624.488.
267     2.  The association may also provide adequate hazard
268insurance coverage for a group of no fewer than three
269communities created and operating under this chapter, chapter
270719, chapter 720, or chapter 721 by obtaining and maintaining
271for such communities insurance coverage sufficient to cover an
272amount equal to the probable maximum loss for the communities
273for a 250-year windstorm event. Such probable maximum loss must
274be determined through the use of a competent model that has been
275accepted by the Florida Commission on Hurricane Loss Projection
276Methodology. No policy or program providing such coverage shall
277be issued or renewed after July 1, 2008, unless it has been
278reviewed and approved by the Office of Insurance Regulation.
279 The review and approval shall include approval of the policy
280and related forms pursuant to ss. 627.410 and 627.411, approval
281of the rates pursuant to s. 627.062, a determination that the
282loss model approved by the Commission was accurately and
283appropriately applied to the insured structures to determine the
284250-year probable maximum loss, and a determination that
285complete and  accurate disclosure of all material provisions is
286provided to condominium unit owners prior to execution of the
287agreement by a condominium association.
288     3.  When determining the adequate amount of hazard
289insurance coverage, the association may consider deductibles as
290determined by this subsection.
291     (b)  If an association is a developer-controlled
292association, the association shall exercise its best efforts to
293obtain and maintain insurance as described in paragraph (a).
294Failure to obtain and maintain adequate hazard insurance during
295any period of developer control constitutes a breach of
296fiduciary responsibility by the developer-appointed members of
297the board of directors of the association, unless the members
298can show that despite such failure, they have made their best
299efforts to maintain the required coverage.
300     (c)  Policies may include deductibles as determined by the
301board.
302     1.  The deductibles shall be consistent with industry
303standards and prevailing practice for communities of similar
304size and age, and having similar construction and facilities in
305the locale where the condominium property is situated.
306     2.  The deductibles may be based upon available funds,
307including reserve accounts, or predetermined assessment
308authority at the time the insurance is obtained.
309     3.  The board shall establish the amount of deductibles
310based upon the level of available funds and predetermined
311assessment authority at a meeting of the board. Such meeting
312shall be open to all unit owners in the manner set forth in s.
313718.112(2)(e). The notice of such meeting must state the
314proposed deductible and the available funds and the assessment
315authority relied upon by the board and estimate any potential
316assessment amount against each unit, if any. The meeting
317described in this paragraph may be held in conjunction with a
318meeting to consider the proposed budget or an amendment thereto.
319     (d)  An association controlled by unit owners operating as
320a residential condominium shall use its best efforts to obtain
321and maintain adequate insurance to protect the association, the
322association property, the common elements, and the condominium
323property that is required to be insured by the association
324pursuant to this subsection.
325     (e)  The declaration of condominium as originally recorded,
326or as amended pursuant to procedures provided therein, may
327provide that condominium property consisting of freestanding
328buildings comprised of no more than one building in or on such
329unit need not be insured by the association if the declaration
330requires the unit owner to obtain adequate insurance for the
331condominium property. An association may also obtain and
332maintain liability insurance for directors and officers,
333insurance for the benefit of association employees, and flood
334insurance for common elements, association property, and units.
335     (f)  Every hazard insurance policy issued or renewed on or
336after January 1, 2009, for the purpose of protecting the
337condominium shall provide primary coverage for:
338     1.  All portions of the condominium property as originally
339installed or replacement of like kind and quality, in accordance
340with the original plans and specifications.
341     2.  All alterations or additions made to the condominium
342property or association property pursuant to s. 718.113(2).
343     3.  The coverage shall exclude all personal property within
344the unit or limited common elements, and floor, wall, and
345ceiling coverings, electrical fixtures, appliances, water
346heaters, water filters, built-in cabinets and countertops, and
347window treatments, including curtains, drapes, blinds, hardware,
348and similar window treatment components, or replacements of any
349of the foregoing.
350     (g)  Every hazard insurance policy issued or renewed on or
351after January 1, 2009, to an individual unit owner must contain
352a provision stating that the coverage afforded by such policy is
353excess coverage over the amount recoverable under any other
354policy covering the same property. Such policies must include
355special assessment coverage of no less than $2,000 per
356occurrence. An insurance policy issued to an individual unit
357owner providing such coverage does not provide rights of
358subrogation against the condominium association operating the
359condominium in which such individual's unit is located.
360     1.  All improvements or additions to the condominium
361property that benefit fewer than all unit owners shall be
362insured by the unit owner or owners having the use thereof, or
363may be insured by the association at the cost and expense of the
364unit owners having the use thereof.
365     2.  The association shall require each owner to provide
366evidence of a currently effective policy of hazard and liability
367insurance upon request, but not more than once per year. Upon
368the failure of an owner to provide a certificate of insurance
369issued by an insurer approved to write such insurance in this
370state within 30 days after the date on which a written request
371is delivered, the association may purchase a policy of insurance
372on behalf of an owner. The cost of such a policy, together with
373reconstruction costs undertaken by the association but which are
374the responsibility of the unit owner, may be collected in the
375manner provided for the collection of assessments in s. 718.116.
376     3.  All reconstruction work after a casualty loss shall be
377undertaken by the association except as otherwise authorized in
378this section. A unit owner may undertake reconstruction work on
379portions of the unit with the prior written consent of the board
380of administration. However, such work may be conditioned upon
381the approval of the repair methods, the qualifications of the
382proposed contractor, or the contract that is used for that
383purpose. A unit owner shall obtain all required governmental
384permits and approvals prior to commencing reconstruction.
385     4.  Unit owners are responsible for the cost of
386reconstruction of any portions of the condominium property for
387which the unit owner is required to carry casualty insurance,
388and any such reconstruction work undertaken by the association
389shall be chargeable to the unit owner and enforceable as an
390assessment pursuant to s. 718.116. The association must be an
391additional named insured and loss payee on all casualty
392insurance policies issued to unit owners in the condominium
393operated by the association.
394     5.  A multicondominium association may elect, by a majority
395vote of the collective members of the condominiums operated by
396the association, to operate such condominiums as a single
397condominium for purposes of insurance matters, including, but
398not limited to, the purchase of the hazard insurance required by
399this section and the apportionment of deductibles and damages in
400excess of coverage. The election to aggregate the treatment of
401insurance premiums, deductibles, and excess damages constitutes
402an amendment to the declaration of all condominiums operated by
403the association, and the costs of insurance shall be stated in
404the association budget. The amendments shall be recorded as
405required by s. 718.110.
406     (h)  The association shall maintain insurance or fidelity
407bonding of all persons who control or disburse funds of the
408association. The insurance policy or fidelity bond must cover
409the maximum funds that will be in the custody of the association
410or its management agent at any one time. As used in this
411paragraph, the term "persons who control or disburse funds of
412the association" includes, but is not limited to, those
413individuals authorized to sign checks on behalf of the
414association, and the president, secretary, and treasurer of the
415association. The association shall bear the cost of any such
416bonding.
417     (i)  The association may amend the declaration of
418condominium without regard to any requirement for approval by
419mortgagees of amendments affecting insurance requirements for
420the purpose of conforming the declaration of condominium to the
421coverage requirements of this subsection.
422     (j)  Any portion of the condominium property required to be
423insured by the association against casualty loss pursuant to
424paragraph (f) which is damaged by casualty shall be
425reconstructed, repaired, or replaced as necessary by the
426association as a common expense. All hazard insurance
427deductibles, uninsured losses, and other damages in excess of
428hazard insurance coverage under the hazard insurance policies
429maintained by the association are a common expense of the
430condominium, except that:
431     1.  A unit owner is responsible for the costs of repair or
432replacement of any portion of the condominium property not paid
433by insurance proceeds, if such damage is caused by intentional
434conduct, negligence, or failure to comply with the terms of the
435declaration or the rules of the association by a unit owner, the
436members of his or her family, unit occupants, tenants, guests,
437or invitees, without compromise of the subrogation rights of any
438insurer as set forth in paragraph (g).
439     2.  The provisions of subparagraph 1. regarding the
440financial responsibility of a unit owner for the costs of
441repairing or replacing other portions of the condominium
442property also applies to the costs of repair or replacement of
443personal property of other unit owners or the association, as
444well as other property, whether real or personal, which the unit
445owners are required to insure under paragraph (g).
446     3.  To the extent the cost of repair or reconstruction for
447which the unit owner is responsible under this paragraph is
448reimbursed to the association by insurance proceeds, and, to the
449extent the association has collected the cost of such repair or
450reconstruction from the unit owner, the association shall
451reimburse the unit owner without the waiver of any rights of
452subrogation.
453     4.  The association is not obligated to pay for repair or
454reconstruction or repairs of casualty losses as a common expense
455if the casualty losses were known or should have been known to a
456unit owner and were not reported to the association until after
457the insurance claim of the association for that casualty was
458settled or resolved with finality, or denied on the basis that
459it was untimely filed.
460     (k)  An association may, upon the approval of a majority of
461the total voting interests in the association, opt out of the
462provisions of paragraph (j) for the allocation of repair or
463reconstruction expenses and allocate repair or reconstruction
464expenses in the manner provided in the declaration as originally
465recorded or as amended. Such vote may be approved by the voting
466interests of the association without regard to any mortgagee
467consent requirements.
468     (l)  In a multicondominium association that has not
469consolidated its financial operations under s. 718.111(6), any
470condominium operated by the association may opt out of the
471provisions of paragraph (j) with the approval of a majority of
472the total voting interests in that condominium. Such vote may be
473approved by the voting interests without regard to any mortgagee
474consent requirements.
475     (m)  Any association or condominium voting to opt out of
476the guidelines for repair or reconstruction expenses as
477described in paragraph (j) must record a notice setting forth
478the date of the opt-out vote and the page of the official
479records book on which the declaration is recorded. The decision
480to opt out is effective upon the date of recording of the notice
481in the public records by the association. An association that
482has voted to opt out of paragraph (j) may reverse that decision
483by the same vote required in paragraphs (k) and (l), and notice
484thereof shall be recorded in the official records.
485     (n)  The association is not obligated to pay for any
486reconstruction or repair expenses due to casualty loss to any
487improvements installed by a current or former owner of the unit
488or by the developer if the improvement benefits only the unit
489for which it was installed and is not part of the standard
490improvements installed by the developer on all units as part of
491original construction, whether or not such improvement is
492located within the unit. This paragraph does not relieve any
493party of its obligations regarding recovery due under any
494insurance implemented specifically for any such improvements.
495     (o)  The provisions of this subsection shall not apply to
496timeshare condominium associations.  Insurance for timeshare
497condominium associations shall be maintained pursuant to s.
498721.165. Therefore, the Legislature requires a report to be
499prepared by the Office of Insurance Regulation of the Department
500of Financial Services for publication 18 months from the
501effective date of this act, evaluating premium increases or
502decreases for associations, unit owner premium increases or
503decreases, recommended changes to better define common areas, or
504any other information the Office of Insurance Regulation deems
505appropriate.
506     (a)  A unit-owner controlled association operating a
507residential condominium shall use its best efforts to obtain and
508maintain adequate insurance to protect the association, the
509association property, the common elements, and the condominium
510property required to be insured by the association pursuant to
511paragraph (b). If the association is developer controlled, the
512association shall exercise due diligence to obtain and maintain
513such insurance. Failure to obtain and maintain adequate
514insurance during any period of developer control shall
515constitute a breach of fiduciary responsibility by the
516developer-appointed members of the board of directors of the
517association, unless said members can show that despite such
518failure, they have exercised due diligence. The declaration of
519condominium as originally recorded, or amended pursuant to
520procedures provided therein, may require that condominium
521property consisting of freestanding buildings where there is no
522more than one building in or on such unit need not be insured by
523the association if the declaration requires the unit owner to
524obtain adequate insurance for the condominium property. An
525association may also obtain and maintain liability insurance for
526directors and officers, insurance for the benefit of association
527employees, and flood insurance for common elements, association
528property, and units. Adequate insurance, regardless of any
529requirement in the declaration of condominium for coverage by
530the association for "full insurable value," "replacement cost,"
531or the like, may include reasonable deductibles as determined by
532the board based upon available funds or predetermined assessment
533authority at the time that the insurance is obtained.
534     1.  Windstorm insurance coverage for a group of no fewer
535than three communities created and operating under this chapter,
536chapter 719, chapter 720, or chapter 721 may be obtained and
537maintained for the communities if the insurance coverage is
538sufficient to cover an amount equal to the probable maximum loss
539for the communities for a 250-year windstorm event. Such
540probable maximum loss must be determined through the use of a
541competent model that has been accepted by the Florida Commission
542on Hurricane Loss Projection Methodology. Such insurance
543coverage is deemed adequate windstorm insurance for the purposes
544of this section.
545     2.  An association or group of associations may self-insure
546against claims against the association, the association
547property, and the condominium property required to be insured by
548an association, upon compliance with the applicable provisions
549of ss. 624.460-624.488, which shall be considered adequate
550insurance for the purposes of this section. A copy of each
551policy of insurance in effect shall be made available for
552inspection by unit owners at reasonable times.
553     (b)  Every hazard insurance policy issued or renewed on or
554after January 1, 2004, to protect the condominium shall provide
555primary coverage for:
556     1.  All portions of the condominium property located
557outside the units;
558     2.  The condominium property located inside the units as
559such property was initially installed, or replacements thereof
560of like kind and quality and in accordance with the original
561plans and specifications or, if the original plans and
562specifications are not available, as they existed at the time
563the unit was initially conveyed; and
564     3.  All portions of the condominium property for which the
565declaration of condominium requires coverage by the association.
566
567Anything to the contrary notwithstanding, the terms "condominium
568property," "building," "improvements," "insurable improvements,"
569"common elements," "association property," or any other term
570found in the declaration of condominium which defines the scope
571of property or casualty insurance that a condominium association
572must obtain shall exclude all floor, wall, and ceiling
573coverings, electrical fixtures, appliances, air conditioner or
574heating equipment, water heaters, water filters, built-in
575cabinets and countertops, and window treatments, including
576curtains, drapes, blinds, hardware, and similar window treatment
577components, or replacements of any of the foregoing which are
578located within the boundaries of a unit and serve only one unit
579and all air conditioning compressors that service only an
580individual unit, whether or not located within the unit
581boundaries. The foregoing is intended to establish the property
582or casualty insuring responsibilities of the association and
583those of the individual unit owner and do not serve to broaden
584or extend the perils of coverage afforded by any insurance
585contract provided to the individual unit owner. Beginning
586January 1, 2004, the association shall have the authority to
587amend the declaration of condominium, without regard to any
588requirement for mortgagee approval of amendments affecting
589insurance requirements, to conform the declaration of
590condominium to the coverage requirements of this section.
591     (c)  Every hazard insurance policy issued or renewed on or
592after January 1, 2004, to an individual unit owner shall provide
593that the coverage afforded by such policy is excess over the
594amount recoverable under any other policy covering the same
595property. Each insurance policy issued to an individual unit
596owner providing such coverage shall be without rights of
597subrogation against the condominium association that operates
598the condominium in which such unit owner's unit is located. All
599real or personal property located within the boundaries of the
600unit owner's unit which is excluded from the coverage to be
601provided by the association as set forth in paragraph (b) shall
602be insured by the individual unit owner.
603     (d)  The association shall obtain and maintain adequate
604insurance or fidelity bonding of all persons who control or
605disburse funds of the association. The insurance policy or
606fidelity bond must cover the maximum funds that will be in the
607custody of the association or its management agent at any one
608time. As used in this paragraph, the term "persons who control
609or disburse funds of the association" includes, but is not
610limited to, those individuals authorized to sign checks and the
611president, secretary, and treasurer of the association. The
612association shall bear the cost of bonding.
613     Section 4.  Paragraph (a) of subsection (1) of section
614718.115, Florida Statutes, is amended to read:
615     718.115  Common expenses and common surplus.--
616     (1)(a)  Common expenses include the expenses of the
617operation, maintenance, repair, replacement, or protection of
618the common elements and association property, costs of carrying
619out the powers and duties of the association, and any other
620expense, whether or not included in the foregoing, designated as
621common expense by this chapter, the declaration, the documents
622creating the association, or the bylaws. Common expenses also
623include reasonable transportation services, insurance for
624directors and officers, road maintenance and operation expenses,
625in-house communications, and security services, which are
626reasonably related to the general benefit of the unit owners
627even if such expenses do not attach to the common elements or
628property of the condominium. However, such common expenses must
629either have been services or items provided on or after the date
630control of the association is transferred from the developer to
631the unit owners or must be services or items provided for in the
632condominium documents or bylaws. Unless the manner of payment or
633allocation of expenses is otherwise addressed in the declaration
634of condominium, the expenses of any items or services required
635by any federal, state, or local governmental entity to be
636installed, maintained, or supplied to the condominium property
637by the association, including, but not limited to, fire safety
638equipment or water and sewer service where a master meter serves
639the condominium, shall be common expenses whether or not such
640items or services are specifically identified as common expenses
641in the declaration of condominium, articles of incorporation, or
642bylaws of the association.
643     Section 5.  Subsection (8) of section 718.116, Florida
644Statutes, is amended to read:
645     718.116  Assessments; liability; lien and priority;
646interest; collection.--
647     (8)  Within 15 days after receiving a written request
648therefor from a unit owner or his or her designee purchaser, or  
649a unit mortgagee or his or her designee, the association shall
650provide a certificate signed by an officer or agent of the
651association stating all assessments and other moneys owed to the
652association by the unit owner with respect to the condominium
653parcel.
654     (a)  Any person other than the owner who relies upon such
655certificate shall be protected thereby.
656     (b)  A summary proceeding pursuant to s. 51.011 may be
657brought to compel compliance with this subsection, and in any
658such action the prevailing party is entitled to recover
659reasonable attorney's fees.
660     (c)  Notwithstanding any limitation on transfer fees
661contained in s. 718.112(2)(i), the association or its authorized
662agent may charge a reasonable fee for the preparation of the
663certificate. The amount of the fee must be included on the
664certificate.
665     (d)  The authority to charge a fee for the certificate
666shall be established by a written resolution adopted by the
667board or provided by a written management, bookkeeping, or
668maintenance contract and is payable upon the preparation of the
669certificate. If the certificate is requested in conjunction with
670the sale or mortgage of a unit but the closing does not occur
671and no later than 30 days after the closing date for which the
672certificate was sought the preparer receives a written request,
673accompanied by reasonable documentation, that the sale did not
674occur from a payer that is not the unit owner, the fee shall be
675refunded to that payer within 30 days after receipt of the
676request. The refund is the obligation of the unit owner, and the
677association may collect it from that owner in the same manner as
678an assessment as provided in this section.
679     Section 6.  Paragraph (c) of subsection (17) of section
680718.117, Florida Statutes, is amended to read:
681     718.117  Termination of condominium.--
682     (17)  DISTRIBUTION.--
683     (c)  The proceeds from any sale of condominium property or
684association property and any remaining condominium property or
685association property, common surplus, and other assets shall be
686distributed in the following priority:
687     1.  To pay the reasonable termination trustee's fees and
688costs and accounting fees and costs.
689     2.  To lienholders of liens recorded prior to the recording
690of the declaration.
691     3.  To purchase-money lienholders on units to the extent
692necessary to satisfy their liens; however, the distribution may
693not exceed a unit owner's share of the proceeds.
694     4.  To lienholders of liens of the association which have
695been consented to under s. 718.121(1).
696     5.  To creditors of the association, as their interests
697appear.
698     6.  To unit owners, the proceeds of any sale of condominium
699property subject to satisfaction of liens on each unit in their
700order of priority, in shares specified in the plan of
701termination, unless objected to by a unit owner or lienor as
702provided in paragraph (b).
703     7.  To unit owners, the remaining condominium property,
704subject to satisfaction of liens on each unit in their order of
705priority, in shares specified in the plan of termination, unless
706objected to by a unit owner or a lienor as provided in paragraph
707(b).
708     8.  To unit owners, the proceeds of any sale of association
709property, the remaining association property, common surplus,
710and other assets of the association, subject to satisfaction of
711liens on each unit in their order of priority, in shares
712specified in the plan of termination, unless objected to by a
713unit owner or a lienor as provided in paragraph (b).
714     Section 7.  Section 720.30851, Florida Statutes, is created
715to read:
716     720.30851  Estoppel certificates.--Within 15 days after the
717date on which a request for an estoppel certificate is received
718from a parcel owner or mortgagee, or his or her designee, the
719association shall provide a certificate signed by an officer or
720authorized agent of the association stating all assessments and
721other moneys owed to the association by the parcel owner or
722mortgagee with respect to the parcel. An association may charge
723a fee for the preparation of such certificate, and the amount of
724such fee must be stated on the certificate.
725     (1)  Any person other than a parcel owner who relies upon a
726certificate receives the benefits and protection thereof.
727     (2)  A summary proceeding pursuant to s. 51.011 may be
728brought to compel compliance with this section, and the
729prevailing party is entitled to recover reasonable attorney's
730fees.
731     (3)  The authority to charge a fee for the certificate
732shall be established by a written resolution adopted by the
733board or provided by a written management, bookkeeping, or
734maintenance contract and is payable upon the preparation of the
735certificate. If the certificate is requested in conjunction with
736the sale or mortgage of a parcel but the closing does not occur
737and no later than 30 days after the closing date for which the
738certificate was sought the preparer receives a written request,
739accompanied by reasonable documentation, that the sale did not
740occur from a payer that is not the parcel owner, the fee shall
741be refunded to that payer within 30 days after receipt of the
742request. The refund is the obligation of the parcel owner, and
743the association may collect it from that owner in the same
744manner as an assessment as provided in this section.
745     Section 8.  Paragraphs (d) and (j) of subsection (2) of
746section 20.165, Florida Statutes, are amended to read:
747     20.165  Department of Business and Professional
748Regulation.--There is created a Department of Business and
749Professional Regulation.
750     (2)  The following divisions of the Department of Business
751and Professional Regulation are established:
752     (d)  Division of Florida Land Sales, Condominiums,
753Timeshares, and Mobile Homes.
754     (j)  Division of Technology, Licensure, and Testing.
755     Section 9.  Subsection (2) of section 73.073, Florida
756Statutes, is amended to read:
757     73.073  Eminent domain procedure with respect to
758condominium common elements.--
759     (2)  With respect to the exercise of eminent domain or a
760negotiated sale for the purchase or taking of a portion of the
761common elements of a condominium, the condemning authority shall
762have the responsibility of contacting the condominium
763association and acquiring the most recent rolls indicating the
764names of the unit owners or contacting the appropriate taxing
765authority to obtain the names of the owners of record on the tax
766rolls. Notification shall thereupon be sent by certified mail,
767return receipt requested, to the unit owners of record of the
768condominium units by the condemning authority indicating the
769intent to purchase or take the required property and requesting
770a response from the unit owner. The condemning authority shall
771be responsible for the expense of sending notification pursuant
772to this section. Such notice shall, at a minimum, include:
773     (a)  The name and address of the condemning authority.
774     (b)  A written or visual description of the property.
775     (c)  The public purpose for which the property is needed.
776     (d)  The appraisal value of the property.
777     (e)  A clear, concise statement relating to the unit
778owner's right to object to the taking or appraisal value and the
779procedures and effects of exercising that right.
780     (f)  A clear, concise statement relating to the power of
781the association to convey the property on behalf of the unit
782owners if no objection to the taking or appraisal value is
783raised, and the effects of this alternative on the unit owner.
784
785The Division of Florida Land Sales, Condominiums, Timeshares,
786and Mobile Homes of the Department of Business and Professional
787Regulation may adopt, by rule, a standard form for such notice
788and may require the notice to include any additional relevant
789information.
790     Section 10.  Subsections (2) and (3) of section 190.009,
791Florida Statutes, are amended to read:
792     190.009  Disclosure of public financing.--
793     (2)  The Division of Florida Land Sales, Condominiums, and
794Mobile Homes of the Department of Business and Professional
795Regulation shall ensure that disclosures made by developers
796pursuant to chapter 498 meet the requirements of subsection (1).
797     (2)(3)  The Department of Community Affairs shall keep a
798current list of districts and their disclosures pursuant to this
799act and shall make such studies and reports and take such
800actions as it deems necessary.
801     Section 11.  Paragraph (e) of subsection (6) of section
802192.037, Florida Statutes, is amended to read:
803     192.037  Fee timeshare real property; taxes and
804assessments; escrow.--
805     (6)
806     (e)  On or before May 1 of each year, a statement of
807receipts and disbursements of the escrow account must be filed
808with the Division of Florida Land Sales, Condominiums,
809Timeshares, and Mobile Homes of the Department of Business and
810Professional Regulation, which may enforce this paragraph
811pursuant to s. 721.26. This statement must appropriately show
812the amount of principal and interest in such account.
813     Section 12.  Paragraph (i) of subsection (8) of section
814213.053, Florida Statutes, is amended to read:
815     213.053  Confidentiality and information sharing.--
816     (8)  Notwithstanding any other provision of this section,
817the department may provide:
818     (i)  Information relative to chapters 212 and 326 to the
819Division of Florida Land Sales, Condominiums, Timeshares, and
820Mobile Homes of the Department of Business and Professional
821Regulation in the conduct of its official duties.
822
823Disclosure of information under this subsection shall be
824pursuant to a written agreement between the executive director
825and the agency. Such agencies, governmental or nongovernmental,
826shall be bound by the same requirements of confidentiality as
827the Department of Revenue. Breach of confidentiality is a
828misdemeanor of the first degree, punishable as provided by s.
829775.082 or s. 775.083.
830     Section 13.  Paragraph (d) of subsection (4) of section
831215.20, Florida Statutes, is amended to read:
832     215.20  Certain income and certain trust funds to
833contribute to the General Revenue Fund.--
834     (4)  The income of a revenue nature deposited in the
835following described trust funds, by whatever name designated, is
836that from which the appropriations authorized by subsection (3)
837shall be made:
838     (d)  Within the Department of Business and Professional
839Regulation:
840     1.  The Administrative Trust Fund.
841     2.  The Alcoholic Beverage and Tobacco Trust Fund.
842     3.  The Cigarette Tax Collection Trust Fund.
843     4.  The Division of Florida Land Sales, Condominiums,
844Timeshares, and Mobile Homes Trust Fund.
845     5.  The Hotel and Restaurant Trust Fund, with the exception
846of those fees collected for the purpose of funding of the
847hospitality education program as stated in s. 509.302.
848     6.  The Professional Regulation Trust Fund.
849     7.  The trust funds administered by the Division of Pari-
850mutuel Wagering.
851
852The enumeration of the foregoing moneys or trust funds shall not
853prohibit the applicability thereto of s. 215.24 should the
854Governor determine that for the reasons mentioned in s. 215.24
855the money or trust funds should be exempt herefrom, as it is the
856purpose of this law to exempt income from its force and effect
857when, by the operation of this law, federal matching funds or
858contributions or private grants to any trust fund would be lost
859to the state.
860     Section 14.  Subsection (2) of section 326.002, Florida
861Statutes, is amended to read:
862     326.002  Definitions.--As used in ss. 326.001-326.006, the
863term:
864     (2)  "Division" means the Division of Florida Land Sales,
865Condominiums, Timeshares, and Mobile Homes of the Department of
866Business and Professional Regulation.
867     Section 15.  Paragraph (d) of subsection (2) and subsection
868(3) of section 326.006, Florida Statutes, are amended to read:
869     326.006  Powers and duties of division.--
870     (2)  The division has the power to enforce and ensure
871compliance with the provisions of this chapter and rules adopted
872under this chapter relating to the sale and ownership of yachts
873and ships. In performing its duties, the division has the
874following powers and duties:
875     (d)  Notwithstanding any remedies available to a yacht or
876ship purchaser, if the division has reasonable cause to believe
877that a violation of any provision of this chapter or rule
878adopted under this chapter has occurred, the division may
879institute enforcement proceedings in its own name against any
880broker or salesperson or any of his or her assignees or agents,
881or against any unlicensed person or any of his or her assignees
882or agents, as follows:
883     1.  The division may permit a person whose conduct or
884actions are under investigation to waive formal proceedings and
885enter into a consent proceeding whereby orders, rules, or
886letters of censure or warning, whether formal or informal, may
887be entered against the person.
888     2.  The division may issue an order requiring the broker or
889salesperson or any of his or her assignees or agents, or
890requiring any unlicensed person or any of his or her assignees
891or agents, to cease and desist from the unlawful practice and
892take such affirmative action as in the judgment of the division
893will carry out the purposes of this chapter.
894     3.  The division may bring an action in circuit court on
895behalf of a class of yacht or ship purchasers for declaratory
896relief, injunctive relief, or restitution.
897     4.  The division may impose a civil penalty against a
898broker or salesperson or any of his or her assignees or agents,
899or against an unlicensed person or any of his or her assignees
900or agents, for any violation of this chapter or a rule adopted
901under this chapter. A penalty may be imposed for each day of
902continuing violation, but in no event may the penalty for any
903offense exceed $10,000. All amounts collected must be deposited
904with the Chief Financial Officer to the credit of the Division
905of Florida Land Sales, Condominiums, Timeshares, and Mobile
906Homes Trust Fund. If a broker, salesperson, or unlicensed person
907working for a broker, fails to pay the civil penalty, the
908division shall thereupon issue an order suspending the broker's
909license until such time as the civil penalty is paid or may
910pursue enforcement of the penalty in a court of competent
911jurisdiction. The order imposing the civil penalty or the order
912of suspension may not become effective until 20 days after the
913date of such order. Any action commenced by the division must be
914brought in the county in which the division has its executive
915offices or in the county where the violation occurred.
916     (3)  All fees must be deposited in the Division of Florida
917Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
918Fund as provided by law.
919     Section 16.  Subsection (18) of section 380.05, Florida
920Statutes, is amended to read:
921     380.05  Areas of critical state concern.--
922     (18)  Neither the designation of an area of critical state
923concern nor the adoption of any regulations for such an area
924shall in any way limit or modify the rights of any person to
925complete any development that was has been authorized by
926registration of a subdivision pursuant to former chapter 498 or
927former chapter 478, by recordation pursuant to local subdivision
928plat law, or by a building permit or other authorization to
929commence development on which there has been reliance and a
930change of position, and which registration or recordation was
931accomplished, or which permit or authorization was issued, prior
932to the approval under subsection (6), or the adoption under
933subsection (8), of land development regulations for the area of
934critical state concern. If a developer has by his or her actions
935in reliance on prior regulations obtained vested or other legal
936rights that in law would have prevented a local government from
937changing those regulations in a way adverse to the developer's
938interests, nothing in this chapter authorizes any governmental
939agency to abridge those rights.
940     Section 17.  Subsection (20) of section 380.06, Florida
941Statutes, is amended to read:
942     380.06  Developments of regional impact.--
943     (20)  VESTED RIGHTS.--Nothing in this section shall limit
944or modify the rights of any person to complete any development
945that was has been authorized by registration of a subdivision
946pursuant to former chapter 498, by recordation pursuant to local
947subdivision plat law, or by a building permit or other
948authorization to commence development on which there has been
949reliance and a change of position and which registration or
950recordation was accomplished, or which permit or authorization
951was issued, prior to July 1, 1973. If a developer has, by his or
952her actions in reliance on prior regulations, obtained vested or
953other legal rights that in law would have prevented a local
954government from changing those regulations in a way adverse to
955the developer's interests, nothing in this chapter authorizes
956any governmental agency to abridge those rights.
957     (a)  For the purpose of determining the vesting of rights
958under this subsection, approval pursuant to local subdivision
959plat law, ordinances, or regulations of a subdivision plat by
960formal vote of a county or municipal governmental body having
961jurisdiction after August 1, 1967, and prior to July 1, 1973, is
962sufficient to vest all property rights for the purposes of this
963subsection; and no action in reliance on, or change of position
964concerning, such local governmental approval is required for
965vesting to take place. Anyone claiming vested rights under this
966paragraph must so notify the department in writing by January 1,
9671986. Such notification shall include information adequate to
968document the rights established by this subsection. When such
969notification requirements are met, in order for the vested
970rights authorized pursuant to this paragraph to remain valid
971after June 30, 1990, development of the vested plan must be
972commenced prior to that date upon the property that the state
973land planning agency has determined to have acquired vested
974rights following the notification or in a binding letter of
975interpretation. When the notification requirements have not been
976met, the vested rights authorized by this paragraph shall expire
977June 30, 1986, unless development commenced prior to that date.
978     (b)  For the purpose of this act, the conveyance of, or the
979agreement to convey, property to the county, state, or local
980government as a prerequisite to zoning change approval shall be
981construed as an act of reliance to vest rights as determined
982under this subsection, provided such zoning change is actually
983granted by such government.
984     Section 18.  Paragraph (a) of subsection (4) of section
985380.0651, Florida Statutes, is amended to read:
986     380.0651  Statewide guidelines and standards.--
987     (4)  Two or more developments, represented by their owners
988or developers to be separate developments, shall be aggregated
989and treated as a single development under this chapter when they
990are determined to be part of a unified plan of development and
991are physically proximate to one other.
992     (a)  The criteria of two of the following subparagraphs
993must be met in order for the state land planning agency to
994determine that there is a unified plan of development:
995     1.a.  The same person has retained or shared control of the
996developments;
997     b.  The same person has ownership or a significant legal or
998equitable interest in the developments; or
999     c.  There is common management of the developments
1000controlling the form of physical development or disposition of
1001parcels of the development.
1002     2.  There is a reasonable closeness in time between the
1003completion of 80 percent or less of one development and the
1004submission to a governmental agency of a master plan or series
1005of plans or drawings for the other development which is
1006indicative of a common development effort.
1007     3.  A master plan or series of plans or drawings exists
1008covering the developments sought to be aggregated which have
1009been submitted to a local general-purpose government, water
1010management district, the Florida Department of Environmental
1011Protection, or the Division of Florida Land Sales, Condominiums,
1012Timeshares, and Mobile Homes for authorization to commence
1013development. The existence or implementation of a utility's
1014master utility plan required by the Public Service Commission or
1015general-purpose local government or a master drainage plan shall
1016not be the sole determinant of the existence of a master plan.
1017     4.  The voluntary sharing of infrastructure that is
1018indicative of a common development effort or is designated
1019specifically to accommodate the developments sought to be
1020aggregated, except that which was implemented because it was
1021required by a local general-purpose government; water management
1022district; the Department of Environmental Protection; the
1023Division of Florida Land Sales, Condominiums, Timeshares, and
1024Mobile Homes; or the Public Service Commission.
1025     5.  There is a common advertising scheme or promotional
1026plan in effect for the developments sought to be aggregated.
1027     Section 19.  Paragraph (c) of subsection (4) of section
1028381.0065, Florida Statutes, is amended to read:
1029     381.0065  Onsite sewage treatment and disposal systems;
1030regulation.--
1031     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1032not construct, repair, modify, abandon, or operate an onsite
1033sewage treatment and disposal system without first obtaining a
1034permit approved by the department. The department may issue
1035permits to carry out this section, but shall not make the
1036issuance of such permits contingent upon prior approval by the
1037Department of Environmental Protection, except that the issuance
1038of a permit for work seaward of the coastal construction control
1039line established under s. 161.053 shall be contingent upon
1040receipt of any required coastal construction control line permit
1041from the Department of Environmental Protection. A construction
1042permit is valid for 18 months from the issuance date and may be
1043extended by the department for one 90-day period under rules
1044adopted by the department. A repair permit is valid for 90 days
1045from the date of issuance. An operating permit must be obtained
1046prior to the use of any aerobic treatment unit or if the
1047establishment generates commercial waste. Buildings or
1048establishments that use an aerobic treatment unit or generate
1049commercial waste shall be inspected by the department at least
1050annually to assure compliance with the terms of the operating
1051permit. The operating permit for a commercial wastewater system
1052is valid for 1 year from the date of issuance and must be
1053renewed annually. The operating permit for an aerobic treatment
1054unit is valid for 2 years from the date of issuance and must be
1055renewed every 2 years. If all information pertaining to the
1056siting, location, and installation conditions or repair of an
1057onsite sewage treatment and disposal system remains the same, a
1058construction or repair permit for the onsite sewage treatment
1059and disposal system may be transferred to another person, if the
1060transferee files, within 60 days after the transfer of
1061ownership, an amended application providing all corrected
1062information and proof of ownership of the property. There is no
1063fee associated with the processing of this supplemental
1064information. A person may not contract to construct, modify,
1065alter, repair, service, abandon, or maintain any portion of an
1066onsite sewage treatment and disposal system without being
1067registered under part III of chapter 489. A property owner who
1068personally performs construction, maintenance, or repairs to a
1069system serving his or her own owner-occupied single-family
1070residence is exempt from registration requirements for
1071performing such construction, maintenance, or repairs on that
1072residence, but is subject to all permitting requirements. A
1073municipality or political subdivision of the state may not issue
1074a building or plumbing permit for any building that requires the
1075use of an onsite sewage treatment and disposal system unless the
1076owner or builder has received a construction permit for such
1077system from the department. A building or structure may not be
1078occupied and a municipality, political subdivision, or any state
1079or federal agency may not authorize occupancy until the
1080department approves the final installation of the onsite sewage
1081treatment and disposal system. A municipality or political
1082subdivision of the state may not approve any change in occupancy
1083or tenancy of a building that uses an onsite sewage treatment
1084and disposal system until the department has reviewed the use of
1085the system with the proposed change, approved the change, and
1086amended the operating permit.
1087     (c)  Notwithstanding the provisions of paragraphs (a) and
1088(b), for subdivisions platted of record on or before October 1,
10891991, when a developer or other appropriate entity has
1090previously made or makes provisions, including financial
1091assurances or other commitments, acceptable to the Department of
1092Health, that a central water system will be installed by a
1093regulated public utility based on a density formula, private
1094potable wells may be used with onsite sewage treatment and
1095disposal systems until the agreed-upon densities are reached.
1096The department may consider assurances filed with the Department
1097of Business and Professional Regulation under chapter 498 in
1098determining the adequacy of the financial assurance required by
1099this paragraph. In a subdivision regulated by this paragraph,
1100the average daily sewage flow may not exceed 2,500 gallons per
1101acre per day. This section does not affect the validity of
1102existing prior agreements. After October 1, 1991, the exception
1103provided under this paragraph is not available to a developer or
1104other appropriate entity.
1105     Section 20.  Subsections (8) through (12) of section
1106450.33, Florida Statutes, are amended to read:
1107     450.33  Duties of farm labor contractor.--Every farm labor
1108contractor must:
1109     (8)  File, within such time as the department may
1110prescribe, a set of his or her fingerprints.
1111     (8)(9)  Produce evidence to the department that each
1112vehicle he or she uses for the transportation of employees
1113complies with the requirements and specifications established in
1114chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
1115Pub. L. No. 97-470 meeting Department of Transportation
1116requirements or, in lieu thereof, bears a valid inspection
1117sticker showing that the vehicle has passed the inspection in
1118the state in which the vehicle is registered.
1119     (9)(10)  Comply with all applicable statutes, rules, and
1120regulations of the United States and of the State of Florida for
1121the protection or benefit of labor, including, but not limited
1122to, those providing for wages, hours, fair labor standards,
1123social security, workers' compensation, unemployment
1124compensation, child labor, and transportation.
1125     (10)(11)  Maintain accurate daily field records for each
1126employee actually paid by the farm labor contractor reflecting
1127the hours worked for the farm labor contractor and, if paid by
1128unit, the number of units harvested and the amount paid per
1129unit.
1130     (11)(12)  Clearly display on each vehicle used to transport
1131migrant or seasonal farm workers a display sticker issued by the
1132department, which states that the vehicle is authorized by the
1133department to transport farm workers and the expiration date of
1134the authorization.
1135     Section 21.  Subsection (10) is added to section 455.203,
1136Florida Statutes, to read:
1137     455.203  Department; powers and duties.--The department,
1138for the boards under its jurisdiction, shall:
1139     (10)  Have authority to:
1140     (a)  Close and terminate deficient license application
1141files 2 years after the board or the department notifies the
1142applicant of the deficiency; and
1143     (b)  Approve applications for professional licenses that
1144meet all statutory and rule requirements for licensure.
1145     Section 22.  Subsection (5) of section 455.116, Florida
1146Statutes, is amended to read:
1147     455.116  Regulation trust funds.--The following trust funds
1148shall be placed in the department:
1149     (5)  Division of Florida Land Sales, Condominiums,
1150Timeshares, and Mobile Homes Trust Fund.
1151     Section 23.  Subsection (1) of section 455.217, Florida
1152Statutes, is amended to read:
1153     455.217  Examinations.--This section shall be read in
1154conjunction with the appropriate practice act associated with
1155each regulated profession under this chapter.
1156     (1)  The Division of Technology, Licensure, and Testing of
1157the Department of Business and Professional Regulation shall
1158provide, contract, or approve services for the development,
1159preparation, administration, scoring, score reporting, and
1160evaluation of all examinations. The division shall seek the
1161advice of the appropriate board in providing such services.
1162     (a)  The department, acting in conjunction with the
1163Division of Technology, Licensure, and Testing and the Division
1164of Real Estate, as appropriate, shall ensure that examinations
1165adequately and reliably measure an applicant's ability to
1166practice the profession regulated by the department. After an
1167examination developed or approved by the department has been
1168administered, the board or department may reject any question
1169which does not reliably measure the general areas of competency
1170specified in the rules of the board or department, when there is
1171no board. The department shall use professional testing services
1172for the development, preparation, and evaluation of
1173examinations, when such services are available and approved by
1174the board.
1175     (b)  For each examination developed by the department or
1176contracted vendor, to the extent not otherwise specified by
1177statute, the board or the department when there is no board,
1178shall by rule specify the general areas of competency to be
1179covered by the examination, the relative weight to be assigned
1180in grading each area tested, the score necessary to achieve a
1181passing grade, and the fees, where applicable, to cover the
1182actual cost for any purchase, development, and administration of
1183the required examination. However, statutory fee caps in each
1184practice act shall apply. This subsection does not apply to
1185national examinations approved and administered pursuant to
1186paragraph (d).
1187     (c)  If a practical examination is deemed to be necessary,
1188rules shall specify the criteria by which examiners are to be
1189selected, the grading criteria to be used by the examiner, the
1190relative weight to be assigned in grading each criterion, and
1191the score necessary to achieve a passing grade. When a mandatory
1192standardization exercise for a practical examination is required
1193by law, the board may conduct such exercise. Therefore, board
1194members may serve as examiners at a practical examination with
1195the consent of the board.
1196     (d)  A board, or the department when there is no board, may
1197approve by rule the use of any national examination which the
1198department has certified as meeting requirements of national
1199examinations and generally accepted testing standards pursuant
1200to department rules. Providers of examinations, which may be
1201either profit or nonprofit entities, seeking certification by
1202the department shall pay the actual costs incurred by the
1203department in making a determination regarding the
1204certification. The department shall use any national examination
1205which is available, certified by the department, and approved by
1206the board. The name and number of a candidate may be provided to
1207a national contractor for the limited purpose of preparing the
1208grade tape and information to be returned to the board or
1209department or, to the extent otherwise specified by rule, the
1210candidate may apply directly to the vendor of the national
1211examination. The department may delegate to the board the duty
1212to provide and administer the examination. Any national
1213examination approved by a board, or the department when there is
1214no board, prior to October 1, 1997, is deemed certified under
1215this paragraph. Any licensing or certification examination that
1216is not developed or administered by the department in-house or
1217provided as a national examination shall be competitively bid.
1218     (e)  The department shall adopt rules regarding the
1219security and monitoring of examinations. In order to maintain
1220the security of examinations, the department may employ the
1221procedures set forth in s. 455.228 to seek fines and injunctive
1222relief against an examinee who violates the provisions of s.
1223455.2175 or the rules adopted pursuant to this paragraph. The
1224department, or any agent thereof, may, for the purposes of
1225investigation, confiscate any written, photographic, or
1226recording material or device in the possession of the examinee
1227at the examination site which the department deems necessary to
1228enforce such provisions or rules.
1229     (f)  If the professional board with jurisdiction over an
1230examination concurs, the department may, for a fee, share with
1231any other state's licensing authority an examination developed
1232by or for the department unless prohibited by a contract entered
1233into by the department for development or purchase of the
1234examination. The department, with the concurrence of the
1235appropriate board, shall establish guidelines that ensure
1236security of a shared exam and shall require that any other
1237state's licensing authority comply with those guidelines. Those
1238guidelines shall be approved by the appropriate professional
1239board. All fees paid by the user shall be applied to the
1240department's examination and development program for professions
1241regulated by this chapter. All fees paid by the user for
1242professions not regulated by this chapter shall be applied to
1243offset the fees for the development and administration of that
1244profession's examination. If both a written and a practical
1245examination are given, an applicant shall be required to retake
1246only the portion of the examination for which he or she failed
1247to achieve a passing grade, if he or she successfully passes
1248that portion within a reasonable time of his or her passing the
1249other portion.
1250     Section 24.  Subsection (6) is added to section 455.2273,
1251Florida Statutes, to read:
1252     455.2273  Disciplinary guidelines.--
1253     (6)  Notwithstanding s. 455.017, this section applies to
1254disciplinary guidelines adopted by all boards or divisions
1255within the department.
1256     Section 25.  Effective July 1, 2010, paragraph (d) of
1257subsection (1) and paragraph (d) of subsection (2) of section
1258468.841, Florida Statutes, are amended to read:
1259     468.841  Exemptions.--
1260     (1)  The following persons are not required to comply with
1261any provisions of this part relating to mold assessment:
1262     (d)  Persons or business organizations acting within the
1263scope of the respective licenses required under chapter 471,
1264part I of chapter 481, chapter 482, or chapter 489, or part XV
1265of this chapter, are acting on behalf of an insurer under part
1266VI of chapter 626, or are persons in the manufactured housing
1267industry who are licensed under chapter 320, except when any
1268such persons or business organizations hold themselves out for
1269hire to the public as a "certified mold assessor remediator,"
1270"registered mold assessor remediator," "licensed mold assessor
1271remediator," "mold assessor remediator," "professional mold
1272assessor remediator," or any combination thereof stating or
1273implying licensure under this part.
1274     (2)  The following persons are not required to comply with
1275any provisions of this part relating to mold remediation:
1276     (d)  Persons or business organizations that are acting
1277within the scope of the respective licenses required under
1278chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1279or part XV of this chapter, are acting on behalf of an insurer
1280under part VI of chapter 626, or are persons in the manufactured
1281housing industry who are licensed under chapter 320, except when
1282any such persons or business organizations hold themselves out
1283for hire to the public as a "certified mold remediator
1284assessor," "registered mold remediator assessor," "licensed mold
1285remediator assessor," "mold remediator assessor," "professional
1286mold remediator assessor," or any combination thereof stating or
1287implying licensure under this part.
1288     Section 26.  Paragraph (b) of subsection (2) of section
1289475.17, Florida Statutes, is amended to read:
1290     475.17  Qualifications for practice.--
1291     (2)
1292     (b)  A person may not be licensed as a real estate broker
1293unless, in addition to the other requirements of law, the person
1294has held:
1295     1.  An active real estate sales associate's license for at
1296least 24 12 months during the preceding 5 years in the office of
1297one or more real estate brokers licensed in this state or any
1298other state, territory, or jurisdiction of the United States or
1299in any foreign national jurisdiction;
1300     2.  A current and valid real estate sales associate's
1301license for at least 24 12 months during the preceding 5 years
1302in the employ of a governmental agency for a salary and
1303performing the duties authorized in this part for real estate
1304licensees; or
1305     3.  A current and valid real estate broker's license for at
1306least 24 12 months during the preceding 5 years in any other
1307state, territory, or jurisdiction of the United States or in any
1308foreign national jurisdiction.
1309
1310This paragraph does not apply to a person employed as a real
1311estate investigator by the Division of Real Estate, provided the
1312person has been employed as a real estate investigator for at
1313least 24 months. The person must be currently employed as a real
1314estate investigator to sit for the real estate broker's
1315examination and have held a valid and current sales associate's
1316license for at least 12 months.
1317     Section 27.  Subsection (9) of section 475.451, Florida
1318Statutes, is amended to read:
1319     475.451  Schools teaching real estate practice.--
1320     (9)(a)  Each school permitholder of a proprietary real
1321estate school, each chief administrative person of such an
1322institution, or each course sponsor shall deliver to the
1323department, in a format acceptable to the department, a copy of
1324the classroom course roster of courses that require satisfactory
1325completion of an examination no later than 30 days beyond the
1326end of the calendar month in which the course was completed.
1327     (b)  The course roster shall consist of the institution or
1328school name and permit number, if applicable, the instructor's
1329name and permit number, if applicable, course title, beginning
1330and ending dates of the course, number of course hours, course
1331location, if applicable, each student's full name and license
1332number, if applicable, each student's mailing address, and the
1333numerical grade each student achieved. The course roster shall
1334also include the signature of the school permitholder, the chief
1335administrative person, or the course sponsor.
1336     Section 28.  Section 475.455, Florida Statutes, is amended
1337to read:
1338     475.455  Exchange of disciplinary information.--The
1339commission shall inform the Division of Florida Land Sales,
1340Condominiums, Timeshares, and Mobile Homes of the Department of
1341Business and Professional Regulation of any disciplinary action
1342the commission has taken against any of its licensees. The
1343division shall inform the commission of any disciplinary action
1344the division has taken against any broker or sales associate
1345registered with the division.
1346     Section 29.  Subsections (4) and (5) of section 477.019,
1347Florida Statutes, are amended, subsections (5) through (7) of
1348that section are renumbered as subsections (6) through (8),
1349respectively, and a new subsection (3) is added to that section,
1350to read:
1351     477.019  Cosmetologists; qualifications; licensure;
1352supervised practice; license renewal; endorsement; continuing
1353education.--
1354     (3)  An application for the licensure examination for any
1355license under this section may be submitted for examination
1356approval in the last 100 hours of training by a pregraduate of a
1357licensed cosmetology school or a program within the public
1358school system, which school or program is certified by the
1359Department of Education with fees as required in paragraph
1360(2)(b). Upon approval, the applicant may schedule the
1361examination on a date when the training hours are completed. An
1362applicant shall have 6 months from the date of approval to take
1363the examination. After the 6 months have passed, if the
1364applicant failed to take the examination, the applicant must
1365reapply. The board shall establish by rule the procedures for
1366the pregraduate application process.
1367     (4) (3)  Upon an applicant receiving a passing grade, as
1368established by board rule, on the examination and paying the
1369initial licensing fee, the department shall issue a license to
1370practice cosmetology.
1371     (5) (4)  If an applicant passes all parts of the
1372examination for licensure as a cosmetologist, he or she may
1373practice in the time between passing the examination and
1374receiving a physical copy of his or her license if he or she
1375practices under the supervision of a licensed cosmetologist in a
1376licensed salon. An applicant who fails any part of the
1377examination may not practice as a cosmetologist and may
1378immediately apply for reexamination. Following the completion of
1379the first licensing examination and pending the results of that
1380examination and issuance of a license to practice cosmetology,
1381graduates of licensed cosmetology schools or cosmetology
1382programs offered in public school systems, which schools or
1383programs are certified by the Department of Education, are
1384eligible to practice cosmetology, provided such graduates
1385practice under the supervision of a licensed cosmetologist in a
1386licensed cosmetology salon. A graduate who fails the first
1387examination may continue to practice under the supervision of a
1388licensed cosmetologist in a licensed cosmetology salon if the
1389graduate applies for the next available examination and until
1390the graduate receives the results of that examination. No
1391graduate may continue to practice under this subsection if the
1392graduate fails the examination twice.
1393     Section 30.  Subsection (6) of section 489.105, Florida
1394Statutes, is amended to read:
1395     489.105  Definitions.--As used in this part:
1396     (6)  "Contracting" means, except as exempted in this part,
1397engaging in business as a contractor and includes, but is not
1398limited to, performance of any of the acts as set forth in
1399subsection (3) which define types of contractors. The attempted
1400sale of contracting services and the negotiation or bid for a
1401contract on these services also constitutes contracting. If the
1402services offered require licensure or agent qualification, the
1403offering, negotiation for a bid, or attempted sale of these
1404services requires the corresponding licensure. However, the term
1405"contracting" shall not extend to an individual, partnership,
1406corporation, trust, or other legal entity that offers to sell or
1407sells completed residences on property on which the individual
1408or business entity has any legal or equitable interest, or to
1409the individual or business entity that offers to sell or sells
1410manufactured or factory-built buildings that will be completed
1411on site on property on which either party to a contract has any
1412legal or equitable interest, if the services of a qualified
1413contractor certified or registered pursuant to the requirements
1414of this chapter have been or will be retained for the purpose of
1415constructing or completing such residences.
1416     Section 31.  Section 489.511, Florida Statutes, is amended
1417to read:
1418     489.511  Certification; application; examinations;
1419endorsement.--
1420     (1)(a)  Any person who is at least 18 years of age may take
1421the certification examination.
1422     (b)  Any person desiring to be certified as a contractor
1423shall apply to the department in writing and must meet the
1424following criteria: to take the certification examination.
1425     (2)(a)  A person shall be entitled to take the
1426certification examination for the purpose of determining whether
1427he or she is qualified to engage in contracting throughout the
1428state as a contractor if the person:
1429     1.  Is at least 18 years of age;
1430     1.2.  Be Is of good moral character;
1431     2.  Pass the certification examination, achieving a passing
1432grade as established by board rule; and
1433     3.  Meet Meets eligibility requirements according to one of
1434the following criteria:
1435     a.  Has, within the 6 years immediately preceding the
1436filing of the application, at least 3 years' proven management
1437experience in the trade or education equivalent thereto, or a
1438combination thereof, but not more than one-half of such
1439experience may be educational equivalent;
1440     b.  Has, within the 8 years immediately preceding the
1441filing of the application, at least 4 years' experience as a
1442supervisor or contractor in the trade for which he or she is
1443making application;
1444     c.  Has, within the 12 years immediately preceding the
1445filing of the application, at least 6 years of comprehensive
1446training, technical education, or supervisory experience
1447associated with an electrical or alarm system contracting
1448business, or at least 6 years of technical experience in
1449electrical or alarm system work with the Armed Forces or a
1450governmental entity;
1451     d.  Has, within the 12 years immediately preceding the
1452filing of the application, been licensed for 3 years as a
1453professional engineer who is qualified by education, training,
1454or experience to practice electrical engineering; or
1455     e.  Has any combination of qualifications under sub-
1456subparagraphs a.-c. totaling 6 years of experience.
1457     (c)(b)  For purposes of this subsection, "supervisor" means
1458a person having the experience gained while having the general
1459duty of overseeing the technical duties of the trade, provided
1460that such experience is gained by a person who is able to
1461perform the technical duties of the trade without supervision.
1462     (d)(c)  For purposes of this subsection, at least 40
1463percent of the work experience for an alarm system contractor I
1464must be in the types of fire alarm systems typically used in a
1465commercial setting.
1466     (2)(3)  The board may determine by rule the number of times
1467per year the applicant may take the examination and after three
1468unsuccessful attempts may On or after October 1, 1998, every
1469applicant who is qualified shall be allowed to take the
1470examination three times, notwithstanding the number of times the
1471applicant has previously failed the examination. If an applicant
1472fails the examination three times after October 1, 1998, the
1473board shall require the applicant to complete additional
1474college-level or technical education courses in the areas of
1475deficiency, as determined by the board, as a condition of future
1476eligibility to take the examination. The applicant must also
1477submit a new application that meets all certification
1478requirements at the time of its submission and must pay all
1479appropriate fees.
1480     (3)(4)(a)  "Good moral character" means a personal history
1481of honesty, fairness, and respect for the rights of others and
1482for laws of this state and nation.
1483     (b)  The board may determine that an individual applying
1484for certification is ineligible to take the examination for
1485failure to satisfy the requirement of good moral character only
1486if:
1487     1.  There is a substantial connection between the lack of
1488good moral character of the individual and the professional
1489responsibilities of a certified contractor; and
1490     2.  The finding by the board of lack of good moral
1491character is supported by clear and convincing evidence.
1492     (c)  When an individual is found to be unqualified for
1493certification examination because of a lack of good moral
1494character, the board shall furnish such individual a statement
1495containing the findings of the board, a complete record of the
1496evidence upon which the determination was based, and a notice of
1497the rights of the individual to a rehearing and appeal.
1498     (4)(5)  The board shall, by rule, designate those types of
1499specialty electrical or alarm system contractors who may be
1500certified under this part. The limit of the scope of work and
1501responsibility of a certified specialty contractor shall be
1502established by board rule. A certified specialty contractor
1503category exists as an optional statewide licensing category.
1504Qualification for certification in a specialty category created
1505by rule shall be the same as set forth in paragraph (1)(b)
1506(2)(a). The existence of a specialty category created by rule
1507does not itself create any licensing requirement; however,
1508neither does its optional nature remove any licensure
1509requirement established elsewhere in this part.
1510     (5)(6)  The board shall certify as qualified for
1511certification by endorsement any individual applying for
1512certification who:
1513     (a)  Meets the requirements for certification as set forth
1514in this section; has passed a national, regional, state, or
1515United States territorial licensing examination that is
1516substantially equivalent to the examination required by this
1517part; and has satisfied the requirements set forth in s.
1518489.521; or
1519     (b)  Holds a valid license to practice electrical or alarm
1520system contracting issued by another state or territory of the
1521United States, if the criteria for issuance of such license was
1522substantially equivalent to the certification criteria that
1523existed in this state at the time the certificate was issued.
1524     (6)(7)  Upon the issuance of a certificate, any previously
1525issued registered licenses for the classification in which the
1526certification is issued are rendered void.
1527     Section 32.  Paragraph (b) of subsection (1) of section
1528489.515, Florida Statutes, is amended to read:
1529     489.515  Issuance of certificates; registrations.--
1530     (1)
1531     (b)  The board shall certify as qualified for certification
1532any person who satisfies the requirements of s. 489.511, who
1533successfully passes the certification examination administered
1534by the department, achieving a passing grade as established by
1535board rule, and who submits satisfactory evidence that he or she
1536has obtained both workers' compensation insurance or an
1537acceptable exemption certificate issued by the department and
1538public liability and property damage insurance for the health,
1539safety, and welfare of the public in amounts determined by rule
1540of the board, and furnishes evidence of financial
1541responsibility, credit, and business reputation of either
1542himself or herself or the business organization he or she
1543desires to qualify.
1544     Section 33.  Section 494.008, Florida Statutes, is amended
1545to read:
1546     494.008  Mortgages offered by land developers licensed
1547pursuant to the Florida Uniform Land Sales Practices Law;
1548requirements; prohibitions.--No mortgage loan which has a face
1549amount of $35,000 or less and is secured by vacant land
1550registered under the Florida Uniform Land Sales Practices Law,
1551chapter 498, shall be sold to a mortgagee, except a financial
1552institution, by any person unless all of the following
1553requirements are met:
1554     (1)  Each mortgage securing a note or other obligation sold
1555or offered for sale shall be eligible for a recordation as a
1556first mortgage.
1557     (2)  Each mortgage negotiated pursuant to this section must
1558include a mortgagee's title insurance policy or an opinion of
1559title, from an attorney who is licensed to practice law in this
1560state, on each parcel of land which is described in the
1561mortgage. The policy or opinion shall reflect that there are no
1562other mortgages on the property. A notice stating the priority
1563of the mortgage shall be placed on the face of each mortgage in
1564an amount over $35,000 issued pursuant to this section.
1565     (3)  Contracts to purchase a mortgage loan shall contain,
1566immediately above the purchaser's signature line, the statement
1567in 10-point boldfaced type: "This mortgage is secured by vacant
1568land subject to development at a future time." This statement
1569shall also be typed or printed in 10-point type on the face of
1570the note and mortgage sold.
1571     (4)  The most recent assessment for tax purposes made by
1572the county property appraiser of each parcel of land described
1573in the mortgage shall be furnished to each mortgagee.
1574     (5)  The mortgage broker shall record or cause to be
1575recorded all mortgages or other similar documents prior to
1576delivery of the note and mortgage to the mortgagee.
1577     (6)  All funds received by the mortgage broker pursuant to
1578this section shall promptly be deposited in the broker's trust
1579account where they shall remain until the note and mortgage are
1580fully executed and recorded.
1581     (7)  Willful failure to comply with any of the above
1582provisions shall subject the person to the penalties of s.
1583494.05.
1584     Section 34.  Section 498.009, Florida Statutes, is
1585renumbered as section 718.50152, Florida Statutes.
1586     Section 35.  Section 498.011, Florida Statutes, is
1587renumbered as section 718.50153, Florida Statutes, and amended
1588to read:
1589     718.50153 498.011  Payment of per diem, mileage, and other
1590expenses to division employees.--The amount of per diem and
1591mileage and expense money paid to employees shall be as provided
1592in s. 112.061, except that the division shall establish by rule
1593the standards for reimbursement of actual verified expenses
1594incurred in connection with an on-site review inspection or
1595investigation of subdivided lands.
1596     Section 36.  Section 498.013, Florida Statutes, is
1597renumbered as section 718.50154, Florida Statutes.
1598     Section 37.  Section 498.057, Florida Statutes, is
1599renumbered as section 718.50155, Florida Statutes, and amended,
1600to read:
1601     718.50155 498.057  Service of process.--
1602     (1)  In addition to the methods of service provided for in
1603the Florida Rules of Civil Procedure and the Florida Statutes,
1604service may be made and by delivering a copy of the process to
1605the director of the division, which shall be binding upon the
1606defendant or respondent if:
1607     (a)  The division plaintiff, which is acting as the
1608petitioner or plaintiff may be the division, immediately sends a
1609copy of the process and of the pleading by certified mail to the
1610defendant or respondent at his or her last known address;, and
1611     (b)  The division plaintiff files an affidavit of
1612compliance with this section on or before the return date of the
1613process or within the time set by the court.
1614     (2)  If any person, including any nonresident of this
1615state, allegedly engages in conduct prohibited by this chapter,
1616or any rule or order of the division, and has not filed a
1617consent to service of process, and personal jurisdiction over
1618him or her cannot otherwise be obtained in this state, the
1619director shall be authorized to receive service of process in
1620any noncriminal proceeding against that person or his or her
1621successor which grows out of the conduct and which is brought by
1622the division under this chapter or any rule or order of the
1623division. The process shall have the same force and validity as
1624if personally served. Notice shall be given as provided in
1625subsection (1).
1626     Section 38.  Sections 498.001, 498.003, 498.005, 498.007,
1627498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1628498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1629498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1630and 498.063, Florida Statutes, are repealed.
1631     Section 39.  Section 509.512, Florida Statutes, is amended
1632to read:
1633     509.512  Timeshare plan developer and exchange company
1634exemption.--Sections 509.501-509.511 do not apply to a developer
1635of a timeshare plan or an exchange company approved by the
1636Division of Florida Land Sales, Condominiums, Timeshares, and
1637Mobile Homes pursuant to chapter 721, but only to the extent
1638that the developer or exchange company engages in conduct
1639regulated under chapter 721.
1640     Section 40.  Subsection (2) of section 517.301, Florida
1641Statutes, is amended to read:
1642     517.301  Fraudulent transactions; falsification or
1643concealment of facts.--
1644     (2)  For purposes of ss. 517.311 and 517.312 and this
1645section, the term "investment" means any commitment of money or
1646property principally induced by a representation that an
1647economic benefit may be derived from such commitment, except
1648that the term "investment" does not include a commitment of
1649money or property for:
1650     (a)  The purchase of a business opportunity, business
1651enterprise, or real property through a person licensed under
1652chapter 475 or registered under former chapter 498; or
1653     (b)  The purchase of tangible personal property through a
1654person not engaged in telephone solicitation, where said
1655property is offered and sold in accordance with the following
1656conditions:
1657     1.  There are no specific representations or guarantees
1658made by the offeror or seller as to the economic benefit to be
1659derived from the purchase;
1660     2.  The tangible property is delivered to the purchaser
1661within 30 days after sale, except that such 30-day period may be
1662extended by the office if market conditions so warrant; and
1663     3.  The seller has offered the purchaser a full refund
1664policy in writing, exercisable by the purchaser within 10 days
1665of the date of delivery of such tangible personal property,
1666except that the amount of such refund may not in no event shall
1667exceed the bid price in effect at the time the property is
1668returned to the seller. If the applicable sellers' market is
1669closed at the time the property is returned to the seller for a
1670refund, the amount of such refund shall be based on the bid
1671price for such property at the next opening of such market.
1672     Section 41.  Subsection (4) of section 548.0065, Florida
1673Statutes, is amended to read:
1674     548.0065  Amateur matches; sanctioning and supervision;
1675health and safety standards; compliance checks; continuation,
1676suspension, and revocation of sanctioning approval.--
1677     (4)  Any member of the commission or the executive director
1678of the commission may suspend the approval of an amateur
1679sanctioning organization for failure to supervise amateur
1680matches or to enforce the approved health and safety standards
1681required under this chapter, provided that the suspension
1682complies with the procedures for summary suspensions in s.
1683120.60(6). At any amateur boxing, or kickboxing, or mixed
1684martial arts contest, any member of the commission or a
1685representative of the commission may immediately suspend one or
1686more matches in an event whenever it appears that the match or
1687matches violate the health and safety standards established by
1688rule as required by this chapter. A law enforcement officer may
1689assist any member of the commission or a representative of the
1690commission to enforce an order to stop a contest if called upon
1691to do so by a member of the commission or a representative of
1692the commission.
1693     Section 42.  Subsections (2), (3), and (4) of section
1694548.008, Florida Statutes, are amended to read:
1695     548.008  Prohibited competitions.--
1696     (2)  No amateur mixed martial arts match may be held in
1697this state.
1698     (2)(3)  No professional match may be held in this state
1699unless it meets the requirements for holding the match as
1700provided in this chapter and the rules adopted by the
1701commission.
1702     (3)(4)(a)  Any person participating in a match prohibited
1703under this section, knowing the match to be prohibited, commits
1704a misdemeanor of the second degree, punishable as provided in s.
1705775.082 or s. 775.083.
1706     (b)  Any person holding, promoting, or sponsoring a match
1707prohibited under this section commits a felony of the third
1708degree, punishable as provided in s. 775.082, s. 775.083, or s.
1709775.084.
1710     Section 43.  Subsection (1) of section 548.041, Florida
1711Statutes, is amended to read:
1712     548.041  Age, condition, and suspension of participants.--
1713     (1)  A person may shall not be licensed as a participant,
1714and the license of a any participant shall be suspended or
1715revoked, if such person:
1716     (a)  Is under the age of 18;
1717     (b)  Has participated in a match in this state which was
1718not sanctioned by the commission or by a Native American
1719commission properly constituted under federal law; or
1720     (c)  Does not meet certain health and medical examination
1721conditions as required by rule of the commission;.
1722     (d)  Has not competed in a minimum number of amateur boxing
1723events as determined by commission rule prior to licensure; or
1724     (e)  Has not participated in a minimum number of amateur
1725mixed martial arts events as determined by commission rule prior
1726to licensure.
1727     Section 44.  Subsection (1) of section 559.935, Florida
1728Statutes, is amended to read:
1729     559.935  Exemptions.--
1730     (1)  This part does not apply to:
1731     (a)  A bona fide employee of a seller of travel who is
1732engaged solely in the business of her or his employer;
1733     (b)  Any direct common carrier of passengers or property
1734regulated by an agency of the Federal Government or employees of
1735such carrier when engaged solely in the transportation business
1736of the carrier as identified in the carrier's certificate;
1737     (c)  An intrastate common carrier of passengers or property
1738selling only transportation as defined in the applicable state
1739or local registration or certification, or employees of such
1740carrier when engaged solely in the transportation business of
1741the carrier;
1742     (d)  Hotels, motels, or other places of public
1743accommodation selling public accommodations, or employees of
1744such hotels, motels, or other places of public accommodation,
1745when engaged solely in making arrangements for lodging,
1746accommodations, or sightseeing tours within the state, or taking
1747reservations for the traveler with times, dates, locations, and
1748accommodations certain at the time the reservations are made,
1749provided that hotels and motels registered with the Department
1750of Business and Professional Regulation pursuant to chapter 509
1751are excluded from the provisions of this chapter;
1752     (e)  Persons involved solely in the rental, leasing, or
1753sale of residential property;
1754     (f)  Persons involved solely in the rental, leasing, or
1755sale of transportation vehicles;
1756     (g)  Persons who make travel arrangements for themselves;
1757for their employees or agents; for distributors, franchisees, or
1758dealers of the persons' products or services; for entities which
1759are financially related to the persons; or for the employees or
1760agents of the distributor, franchisee, or dealer or financially
1761related entity;
1762     (h)  A developer of a timeshare plan or an exchange company
1763approved by the Division of Florida Land Sales, Condominiums,
1764Timeshares, and Mobile Homes pursuant to chapter 721, but only
1765to the extent that the developer or exchange company engages in
1766conduct regulated under chapter 721; or
1767     (i)  Persons or entities engaged solely in offering diving
1768services, including classes and sales or rentals of equipment,
1769when engaged in making any prearranged travel-related or
1770tourist-related services in conjunction with a primarily dive-
1771related event.
1772     Section 45.  Subsection (17) of section 718.103, Florida
1773Statutes, is amended to read:
1774     718.103  Definitions.--As used in this chapter, the term:
1775     (17)  "Division" means the Division of Florida Land Sales,
1776Condominiums, Timeshares, and Mobile Homes of the Department of
1777Business and Professional Regulation.
1778     Section 46.  Paragraph (c) of subsection (4) of section
1779718.105, Florida Statutes, is amended to read:
1780     718.105  Recording of declaration.--
1781     (4)
1782     (c)  If the sum of money held by the clerk has not been
1783paid to the developer or association as provided in paragraph
1784(b) within by 3 years after the date the declaration was
1785originally recorded, the clerk in his or her discretion may
1786notify, in writing, the registered agent of the association that
1787the sum is still available and the purpose for which it was
1788deposited. If the association does not record the certificate
1789within 90 days after the clerk has given the notice, the clerk
1790may disburse the money to the developer. If the developer cannot
1791be located, the clerk shall disburse the money to the Division
1792of Florida Land Sales, Condominiums, Timeshares, and Mobile
1793Homes for deposit in the Division of Florida Land Sales,
1794Condominiums, Timeshares, and Mobile Homes Trust Fund.
1795     Section 47.  Subsection (4) of section 718.1255, Florida
1796Statutes, is amended to read:
1797     718.1255  Alternative dispute resolution; voluntary
1798mediation; mandatory nonbinding arbitration; legislative
1799findings.--
1800     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1801DISPUTES.--The Division of Florida Land Sales, Condominiums,
1802Timeshares, and Mobile Homes of the Department of Business and
1803Professional Regulation shall employ full-time attorneys to act
1804as arbitrators to conduct the arbitration hearings provided by
1805this chapter. The division may also certify attorneys who are
1806not employed by the division to act as arbitrators to conduct
1807the arbitration hearings provided by this section. No person may
1808be employed by the department as a full-time arbitrator unless
1809he or she is a member in good standing of The Florida Bar. The
1810department shall adopt promulgate rules of procedure to govern
1811such arbitration hearings including mediation incident thereto.
1812The decision of an arbitrator shall be final; however, such a
1813decision shall not be deemed final agency action. Nothing in
1814this provision shall be construed to foreclose parties from
1815proceeding in a trial de novo unless the parties have agreed
1816that the arbitration is binding. If such judicial proceedings
1817are initiated, the final decision of the arbitrator shall be
1818admissible in evidence in the trial de novo.
1819     (a)  Prior to the institution of court litigation, a party
1820to a dispute shall petition the division for nonbinding
1821arbitration. The petition must be accompanied by a filing fee in
1822the amount of $50. Filing fees collected under this section must
1823be used to defray the expenses of the alternative dispute
1824resolution program.
1825     (b)  The petition must recite, and have attached thereto,
1826supporting proof that the petitioner gave the respondents:
1827     1.  Advance written notice of the specific nature of the
1828dispute;
1829     2.  A demand for relief, and a reasonable opportunity to
1830comply or to provide the relief; and
1831     3.  Notice of the intention to file an arbitration petition
1832or other legal action in the absence of a resolution of the
1833dispute.
1834
1835Failure to include the allegations or proof of compliance with
1836these prerequisites requires dismissal of the petition without
1837prejudice.
1838     (c)  Upon receipt, the petition shall be promptly reviewed
1839by the division to determine the existence of a dispute and
1840compliance with the requirements of paragraphs (a) and (b). If
1841emergency relief is required and is not available through
1842arbitration, a motion to stay the arbitration may be filed. The
1843motion must be accompanied by a verified petition alleging facts
1844that, if proven, would support entry of a temporary injunction,
1845and if an appropriate motion and supporting papers are filed,
1846the division may abate the arbitration pending a court hearing
1847and disposition of a motion for temporary injunction.
1848     (d)  Upon determination by the division that a dispute
1849exists and that the petition substantially meets the
1850requirements of paragraphs (a) and (b) and any other applicable
1851rules, a copy of the petition shall forthwith be served by the
1852division upon all respondents.
1853     (e)  Either Before or after the filing of the respondents'
1854answer to the petition, any party may request that the
1855arbitrator refer the case to mediation under this section and
1856any rules adopted by the division. Upon receipt of a request for
1857mediation, the division shall promptly contact the parties to
1858determine if there is agreement that mediation would be
1859appropriate. If all parties agree, the dispute must be referred
1860to mediation. Notwithstanding a lack of an agreement by all
1861parties, the arbitrator may refer a dispute to mediation at any
1862time.
1863     (f)  Upon referral of a case to mediation, the parties must
1864select a mutually acceptable mediator. To assist in the
1865selection, the arbitrator shall provide the parties with a list
1866of both volunteer and paid mediators that have been certified by
1867the division under s. 718.501. If the parties are unable to
1868agree on a mediator within the time allowed by the arbitrator,
1869the arbitrator shall appoint a mediator from the list of
1870certified mediators. If a case is referred to mediation, the
1871parties shall attend a mediation conference, as scheduled by the
1872parties and the mediator. If any party fails to attend a duly
1873noticed mediation conference, without the permission or approval
1874of the arbitrator or mediator, the arbitrator must impose
1875sanctions against the party, including the striking of any
1876pleadings filed, the entry of an order of dismissal or default
1877if appropriate, and the award of costs and attorneys' fees
1878incurred by the other parties. Unless otherwise agreed to by the
1879parties or as provided by order of the arbitrator, a party is
1880deemed to have appeared at a mediation conference by the
1881physical presence of the party or its representative having full
1882authority to settle without further consultation, provided that
1883an association may comply by having one or more representatives
1884present with full authority to negotiate a settlement and
1885recommend that the board of administration ratify and approve
1886such a settlement within 5 days from the date of the mediation
1887conference. The parties shall share equally the expense of
1888mediation, unless they agree otherwise.
1889     (g)  The purpose of mediation as provided for by this
1890section is to present the parties with an opportunity to resolve
1891the underlying dispute in good faith, and with a minimum
1892expenditure of time and resources.
1893     (h)  Mediation proceedings must generally be conducted in
1894accordance with the Florida Rules of Civil Procedure, and these
1895proceedings are privileged and confidential to the same extent
1896as court-ordered mediation. Persons who are not parties to the
1897dispute are not allowed to attend the mediation conference
1898without the consent of all parties, with the exception of
1899counsel for the parties and corporate representatives designated
1900to appear for a party. If the mediator declares an impasse after
1901a mediation conference has been held, the arbitration proceeding
1902terminates, unless all parties agree in writing to continue the
1903arbitration proceeding, in which case the arbitrator's decision
1904shall be either binding or nonbinding, as agreed upon by the
1905parties; in the arbitration proceeding, the arbitrator shall not
1906consider any evidence relating to the unsuccessful mediation
1907except in a proceeding to impose sanctions for failure to appear
1908at the mediation conference. If the parties do not agree to
1909continue arbitration, the arbitrator shall enter an order of
1910dismissal, and either party may institute a suit in a court of
1911competent jurisdiction. The parties may seek to recover any
1912costs and attorneys' fees incurred in connection with
1913arbitration and mediation proceedings under this section as part
1914of the costs and fees that may be recovered by the prevailing
1915party in any subsequent litigation.
1916     (i)  Arbitration shall be conducted according to rules
1917adopted promulgated by the division. The filing of a petition
1918for arbitration shall toll the applicable statute of
1919limitations.
1920     (j)  At the request of any party to the arbitration, the
1921such arbitrator shall issue subpoenas for the attendance of
1922witnesses and the production of books, records, documents, and
1923other evidence and any party on whose behalf a subpoena is
1924issued may apply to the court for orders compelling such
1925attendance and production. Subpoenas shall be served and shall
1926be enforceable in the manner provided by the Florida Rules of
1927Civil Procedure. Discovery may, in the discretion of the
1928arbitrator, be permitted in the manner provided by the Florida
1929Rules of Civil Procedure. Rules adopted by the division may
1930authorize any reasonable sanctions except contempt for a
1931violation of the arbitration procedural rules of the division or
1932for the failure of a party to comply with a reasonable nonfinal
1933order issued by an arbitrator which is not under judicial
1934review.
1935     (k)  The arbitration decision shall be presented to the
1936parties in writing. An arbitration decision is final in those
1937disputes in which the parties have agreed to be bound. An
1938arbitration decision is also final if a complaint for a trial de
1939novo is not filed in a court of competent jurisdiction in which
1940the condominium is located within 30 days. The right to file for
1941a trial de novo entitles the parties to file a complaint in the
1942appropriate trial court for a judicial resolution of the
1943dispute. The prevailing party in an arbitration proceeding shall
1944be awarded the costs of the arbitration and reasonable
1945attorney's fees in an amount determined by the arbitrator. Such
1946an award shall include the costs and reasonable attorney's fees
1947incurred in the arbitration proceeding as well as the costs and
1948reasonable attorney's fees incurred in preparing for and
1949attending any scheduled mediation.
1950     (l)  The party who files a complaint for a trial de novo
1951shall be assessed the other party's arbitration costs, court
1952costs, and other reasonable costs, including attorney's fees,
1953investigation expenses, and expenses for expert or other
1954testimony or evidence incurred after the arbitration hearing if
1955the judgment upon the trial de novo is not more favorable than
1956the arbitration decision. If the judgment is more favorable, the
1957party who filed a complaint for trial de novo shall be awarded
1958reasonable court costs and attorney's fees.
1959     (m)  Any party to an arbitration proceeding may enforce an
1960arbitration award by filing a petition in a court of competent
1961jurisdiction in which the condominium is located. A petition may
1962not be granted unless the time for appeal by the filing of a
1963complaint for trial de novo has expired. If a complaint for a
1964trial de novo has been filed, a petition may not be granted with
1965respect to an arbitration award that has been stayed. If the
1966petition for enforcement is granted, the petitioner shall
1967recover reasonable attorney's fees and costs incurred in
1968enforcing the arbitration award. A mediation settlement may also
1969be enforced through the county or circuit court, as applicable,
1970and any costs and fees incurred in the enforcement of a
1971settlement agreement reached at mediation must be awarded to the
1972prevailing party in any enforcement action.
1973     Section 48.  Section 718.501, Florida Statutes, is amended
1974to read:
1975     718.501  Powers and duties of Division of Florida Land
1976Sales, Condominiums, Timeshares, and Mobile Homes.--
1977     (1)  The Division of Florida Land Sales, Condominiums,
1978Timeshares, and Mobile Homes of the Department of Business and
1979Professional Regulation, referred to as the "division" in this
1980part, in addition to other powers and duties prescribed by
1981chapter 498, has the power to enforce and ensure compliance with
1982the provisions of this chapter and rules promulgated pursuant
1983hereto relating to the development, construction, sale, lease,
1984ownership, operation, and management of residential condominium
1985units. In performing its duties, the division has the following
1986powers and duties:
1987     (a)1.  The division may make necessary public or private
1988investigations within or outside this state to determine whether
1989any person has violated this chapter or any rule or order
1990hereunder, to aid in the enforcement of this chapter, or to aid
1991in the adoption of rules or forms hereunder.
1992     2.  The division may submit any official written report,
1993worksheet, or other related paper, or a duly certified copy
1994thereof, compiled, prepared, drafted, or otherwise made by and
1995duly authenticated by a financial examiner or analyst to be
1996admitted as competent evidence in any hearing in which the
1997financial examiner or analyst is available for cross-examination
1998and attests under oath that such documents were prepared as a
1999result of an examination or inspection conducted pursuant to
2000this chapter.
2001     (b)  The division may require or permit any person to file
2002a statement in writing, under oath or otherwise, as the division
2003determines, as to the facts and circumstances concerning a
2004matter to be investigated.
2005     (c)  For the purpose of any investigation under this
2006chapter, the division director or any officer or employee
2007designated by the division director may administer oaths or
2008affirmations, subpoena witnesses and compel their attendance,
2009take evidence, and require the production of any matter which is
2010relevant to the investigation, including the existence,
2011description, nature, custody, condition, and location of any
2012books, documents, or other tangible things and the identity and
2013location of persons having knowledge of relevant facts or any
2014other matter reasonably calculated to lead to the discovery of
2015material evidence. Upon the failure by a person to obey a
2016subpoena or to answer questions propounded by the investigating
2017officer and upon reasonable notice to all persons affected
2018thereby, the division may apply to the circuit court for an
2019order compelling compliance.
2020     (d)  Notwithstanding any remedies available to unit owners
2021and associations, if the division has reasonable cause to
2022believe that a violation of any provision of this chapter or
2023related rule promulgated pursuant hereto has occurred, the
2024division may institute enforcement proceedings in its own name
2025against any developer, association, officer, or member of the
2026board of administration, or its assignees or agents, as follows:
2027     1.  The division may permit a person whose conduct or
2028actions may be under investigation to waive formal proceedings
2029and enter into a consent proceeding whereby orders, rules, or
2030letters of censure or warning, whether formal or informal, may
2031be entered against the person.
2032     2.  The division may issue an order requiring the
2033developer, association, officer, or member of the board of
2034administration, or its assignees or agents, to cease and desist
2035from the unlawful practice and take such affirmative action as
2036in the judgment of the division will carry out the purposes of
2037this chapter. Such affirmative action may include, but is not
2038limited to, an order requiring a developer to pay moneys
2039determined to be owed to a condominium association. If the
2040division finds that a developer, association, officer, or member
2041of the board of administration, or its assignees or agents, is
2042violating or is about to violate any provision of this chapter,
2043any rule adopted or order issued by the division, or any written
2044agreement entered into with the division, and presents an
2045immediate danger to the public requiring an immediate final
2046order, it may issue an emergency cease and desist order reciting
2047with particularity the facts underlying such findings. The
2048emergency cease and desist order is effective for 90 days. If
2049the division begins nonemergency cease and desist proceedings,
2050the emergency cease and desist order remains effective until the
2051conclusion of the proceedings under ss. 120.569 and 120.57.
2052     3.  The division may bring an action in circuit court on
2053behalf of a class of unit owners, lessees, or purchasers for
2054declaratory relief, injunctive relief, or restitution.
2055     4.  The division may petition the court for the appointment
2056of a receiver or conservator. If appointed, the receiver or
2057conservator may take action to implement the court order to
2058ensure the performance of the order and to remedy any breach
2059thereof. In addition to all other means provided by law for the
2060enforcement of an injunction or temporary restraining order, the
2061circuit court may impound or sequester the property of a party
2062defendant, including books, papers, documents, and related
2063records, and allow the examination and use of the property by
2064the division and a court-appointed receiver or conservator.
2065     5.  The division may apply to the circuit court for an
2066order of restitution whereby the defendant in an action brought
2067pursuant to subparagraph 4. shall be ordered to make restitution
2068of those sums shown by the division to have been obtained by the
2069defendant in violation of this chapter. Such restitution shall,
2070at the option of the court, be payable to the conservator or
2071receiver appointed pursuant to subparagraph 4. or directly to
2072the persons whose funds or assets were obtained in violation of
2073this chapter.
2074     6.4.  The division may impose a civil penalty against a
2075developer or association, or its assignee or agent, for any
2076violation of this chapter or a rule adopted under this chapter
2077promulgated pursuant hereto. The division may impose a civil
2078penalty individually against any officer or board member who
2079willfully and knowingly violates a provision of this chapter,
2080adopted a rule adopted pursuant hereto, or a final order of the
2081division. The term "willfully and knowingly" means that the
2082division informed the officer or board member that his or her
2083action or intended action violates this chapter, a rule adopted
2084under this chapter, or a final order of the division and that
2085the officer or board member refused to comply with the
2086requirements of this chapter, a rule adopted under this chapter,
2087or a final order of the division. The division, prior to
2088initiating formal agency action under chapter 120, shall afford
2089the officer or board member an opportunity to voluntarily comply
2090with this chapter, a rule adopted under this chapter, or a final
2091order of the division. An officer or board member who complies
2092within 10 days is not subject to a civil penalty. A penalty may
2093be imposed on the basis of each day of continuing violation, but
2094in no event shall the penalty for any offense exceed $5,000. By
2095January 1, 1998, the division shall adopt, by rule, penalty
2096guidelines applicable to possible violations or to categories of
2097violations of this chapter or rules adopted by the division. The
2098guidelines must specify a meaningful range of civil penalties
2099for each such violation of the statute and rules and must be
2100based upon the harm caused by the violation, the repetition of
2101the violation, and upon such other factors deemed relevant by
2102the division. For example, the division may consider whether the
2103violations were committed by a developer or owner-controlled
2104association, the size of the association, and other factors. The
2105guidelines must designate the possible mitigating or aggravating
2106circumstances that justify a departure from the range of
2107penalties provided by the rules. It is the legislative intent
2108that minor violations be distinguished from those which endanger
2109the health, safety, or welfare of the condominium residents or
2110other persons and that such guidelines provide reasonable and
2111meaningful notice to the public of likely penalties that may be
2112imposed for proscribed conduct. This subsection does not limit
2113the ability of the division to informally dispose of
2114administrative actions or complaints by stipulation, agreed
2115settlement, or consent order. All amounts collected shall be
2116deposited with the Chief Financial Officer to the credit of the
2117Division of Florida Land Sales, Condominiums, Timeshares, and
2118Mobile Homes Trust Fund. If a developer fails to pay the civil
2119penalty, the division shall thereupon issue an order directing
2120that such developer cease and desist from further operation
2121until such time as the civil penalty is paid or may pursue
2122enforcement of the penalty in a court of competent jurisdiction.
2123If an association fails to pay the civil penalty, the division
2124shall thereupon pursue enforcement in a court of competent
2125jurisdiction, and the order imposing the civil penalty or the
2126cease and desist order will not become effective until 20 days
2127after the date of such order. Any action commenced by the
2128division shall be brought in the county in which the division
2129has its executive offices or in the county where the violation
2130occurred.
2131     7.  In addition to subparagraph 6., the division may seek
2132the imposition of a civil penalty through the circuit court for
2133any violation for which the division may issue a notice to show
2134cause under paragraph (q). The civil penalty shall be at least
2135$500 but no more than $5,000 for each violation. The court may
2136also award to the prevailing party court costs and reasonable
2137attorney's fees and, if the division prevails, may also award
2138reasonable costs of investigation.
2139     (e)  The division may is authorized to prepare and
2140disseminate a prospectus and other information to assist
2141prospective owners, purchasers, lessees, and developers of
2142residential condominiums in assessing the rights, privileges,
2143and duties pertaining thereto.
2144     (f)  The division has authority to adopt rules pursuant to
2145ss. 120.536(1) and 120.54 to implement and enforce the
2146provisions of this chapter.
2147     (g)  The division shall establish procedures for providing
2148notice to an association when the division is considering the
2149issuance of a declaratory statement with respect to the
2150declaration of condominium or any related document governing in
2151such condominium community.
2152     (h)  The division shall furnish each association which pays
2153the fees required by paragraph (2)(a) a copy of this act,
2154subsequent changes to this act on an annual basis, an amended
2155version of this act as it becomes available from the Secretary
2156of State's office on a biennial basis, and the rules adopted
2157promulgated pursuant thereto on an annual basis.
2158     (i)  The division shall annually provide each association
2159with a summary of declaratory statements and formal legal
2160opinions relating to the operations of condominiums which were
2161rendered by the division during the previous year.
2162     (j)  The division shall provide training programs for
2163condominium association board members and unit owners.
2164     (k)  The division shall maintain a toll-free telephone
2165number accessible to condominium unit owners.
2166     (l)  The division shall develop a program to certify both
2167volunteer and paid mediators to provide mediation of condominium
2168disputes. The division shall provide, upon request, a list of
2169such mediators to any association, unit owner, or other
2170participant in arbitration proceedings under s. 718.1255
2171requesting a copy of the list. The division shall include on the
2172list of volunteer mediators only the names of persons who have
2173received at least 20 hours of training in mediation techniques
2174or who have mediated at least 20 disputes. In order to become
2175initially certified by the division, paid mediators must be
2176certified by the Supreme Court to mediate court cases in either
2177county or circuit courts. However, the division may adopt, by
2178rule, additional factors for the certification of paid
2179mediators, which factors must be related to experience,
2180education, or background. Any person initially certified as a
2181paid mediator by the division must, in order to continue to be
2182certified, comply with the factors or requirements imposed by
2183rules adopted by the division.
2184     (m)  When a complaint is made, the division shall conduct
2185its inquiry with due regard to the interests of the affected
2186parties. Within 30 days after receipt of a complaint, the
2187division shall acknowledge the complaint in writing and notify
2188the complainant whether the complaint is within the jurisdiction
2189of the division and whether additional information is needed by
2190the division from the complainant. The division shall conduct
2191its investigation and shall, within 90 days after receipt of the
2192original complaint or of timely requested additional
2193information, take action upon the complaint. However, the
2194failure to complete the investigation within 90 days does not
2195prevent the division from continuing the investigation,
2196accepting or considering evidence obtained or received after 90
2197days, or taking administrative action if reasonable cause exists
2198to believe that a violation of this chapter or a rule of the
2199division has occurred. If an investigation is not completed
2200within the time limits established in this paragraph, the
2201division shall, on a monthly basis, notify the complainant in
2202writing of the status of the investigation. When reporting its
2203action to the complainant, the division shall inform the
2204complainant of any right to a hearing pursuant to ss. 120.569
2205and 120.57.
2206     (n)  The division may:
2207     1.  Contract with agencies in this state or other
2208jurisdictions to perform investigative functions; or
2209     2.  Accept grants-in-aid from any source.
2210     (o)  The division shall cooperate with similar agencies in
2211other jurisdictions to establish uniform filing procedures and
2212forms, public offering statements, advertising standards, and
2213rules and common administrative practices.
2214     (p)  The division shall consider notice to a developer to
2215be complete when it is delivered to the developer's address
2216currently on file with the division.
2217     (q)  In addition to its enforcement authority, the division
2218may issue a notice to show cause, which shall provide for a
2219hearing, upon written request, in accordance with chapter 120.
2220     (2)(a)  Effective January 1, 1992, Each condominium
2221association which operates more than two units shall pay to the
2222division an annual fee in the amount of $4 for each residential
2223unit in condominiums operated by the association. If the fee is
2224not paid by March 1, then the association shall be assessed a
2225penalty of 10 percent of the amount due, and the association
2226will not have standing to maintain or defend any action in the
2227courts of this state until the amount due, plus any penalty, is
2228paid.
2229     (b)  All fees shall be deposited in the Division of Florida
2230Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2231Fund as provided by law.
2232     Section 49.  Subsection (1) of section 718.5011, Florida
2233Statutes, is amended to read:
2234     718.5011  Ombudsman; appointment; administration.--
2235     (1)  There is created an Office of the Condominium
2236Ombudsman, to be located for administrative purposes within the
2237Division of Florida Land Sales, Condominiums, Timeshares, and
2238Mobile Homes. The functions of the office shall be funded by the
2239Division of Florida Land Sales, Condominiums, Timeshares, and
2240Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
2241of the division, and the office shall be set within the division
2242in the same manner as any other bureau is staffed and funded.
2243     Section 50.  Paragraph (a) of subsection (2) of section
2244718.502, Florida Statutes, is amended to read:
2245     718.502  Filing prior to sale or lease.--
2246     (2)(a)  Prior to filing as required by subsection (1), and
2247prior to acquiring an ownership, leasehold, or contractual
2248interest in the land upon which the condominium is to be
2249developed, a developer shall not offer a contract for purchase
2250of a unit or lease of a unit for more than 5 years. However, the
2251developer may accept deposits for reservations upon the approval
2252of a fully executed escrow agreement and reservation agreement
2253form properly filed with the Division of Florida Land Sales,
2254Condominiums, Timeshares, and Mobile Homes. Each filing of a
2255proposed reservation program shall be accompanied by a filing
2256fee of $250. Reservations shall not be taken on a proposed
2257condominium unless the developer has an ownership, leasehold, or
2258contractual interest in the land upon which the condominium is
2259to be developed. The division shall notify the developer within
226020 days of receipt of the reservation filing of any deficiencies
2261contained therein. Such notification shall not preclude the
2262determination of reservation filing deficiencies at a later
2263date, nor shall it relieve the developer of any responsibility
2264under the law. The escrow agreement and the reservation
2265agreement form shall include a statement of the right of the
2266prospective purchaser to an immediate unqualified refund of the
2267reservation deposit moneys upon written request to the escrow
2268agent by the prospective purchaser or the developer.
2269     Section 51.  Section 718.504, Florida Statutes, is amended
2270to read:
2271     718.504  Prospectus or offering circular.--Every developer
2272of a residential condominium which contains more than 20
2273residential units, or which is part of a group of residential
2274condominiums which will be served by property to be used in
2275common by unit owners of more than 20 residential units, shall
2276prepare a prospectus or offering circular and file it with the
2277Division of Florida Land Sales, Condominiums, Timeshares, and
2278Mobile Homes prior to entering into an enforceable contract of
2279purchase and sale of any unit or lease of a unit for more than 5
2280years and shall furnish a copy of the prospectus or offering
2281circular to each buyer. In addition to the prospectus or
2282offering circular, each buyer shall be furnished a separate page
2283entitled "Frequently Asked Questions and Answers," which shall
2284be in accordance with a format approved by the division and a
2285copy of the financial information required by s. 718.111. This
2286page shall, in readable language, inform prospective purchasers
2287regarding their voting rights and unit use restrictions,
2288including restrictions on the leasing of a unit; shall indicate
2289whether and in what amount the unit owners or the association is
2290obligated to pay rent or land use fees for recreational or other
2291commonly used facilities; shall contain a statement identifying
2292that amount of assessment which, pursuant to the budget, would
2293be levied upon each unit type, exclusive of any special
2294assessments, and which shall further identify the basis upon
2295which assessments are levied, whether monthly, quarterly, or
2296otherwise; shall state and identify any court cases in which the
2297association is currently a party of record in which the
2298association may face liability in excess of $100,000; and which
2299shall further state whether membership in a recreational
2300facilities association is mandatory, and if so, shall identify
2301the fees currently charged per unit type. The division shall by
2302rule require such other disclosure as in its judgment will
2303assist prospective purchasers. The prospectus or offering
2304circular may include more than one condominium, although not all
2305such units are being offered for sale as of the date of the
2306prospectus or offering circular. The prospectus or offering
2307circular must contain the following information:
2308     (1)  The front cover or the first page must contain only:
2309     (a)  The name of the condominium.
2310     (b)  The following statements in conspicuous type:
2311     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2312MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2313     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2314NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2315ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2316MATERIALS.
2317     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2318STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2319PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2320REPRESENTATIONS.
2321     (2)  Summary: The next page must contain all statements
2322required to be in conspicuous type in the prospectus or offering
2323circular.
2324     (3)  A separate index of the contents and exhibits of the
2325prospectus.
2326     (4)  Beginning on the first page of the text (not including
2327the summary and index), a description of the condominium,
2328including, but not limited to, the following information:
2329     (a)  Its name and location.
2330     (b)  A description of the condominium property, including,
2331without limitation:
2332     1.  The number of buildings, the number of units in each
2333building, the number of bathrooms and bedrooms in each unit, and
2334the total number of units, if the condominium is not a phase
2335condominium, or the maximum number of buildings that may be
2336contained within the condominium, the minimum and maximum
2337numbers of units in each building, the minimum and maximum
2338numbers of bathrooms and bedrooms that may be contained in each
2339unit, and the maximum number of units that may be contained
2340within the condominium, if the condominium is a phase
2341condominium.
2342     2.  The page in the condominium documents where a copy of
2343the plot plan and survey of the condominium is located.
2344     3.  The estimated latest date of completion of
2345constructing, finishing, and equipping. In lieu of a date, the
2346description shall include a statement that the estimated date of
2347completion of the condominium is in the purchase agreement and a
2348reference to the article or paragraph containing that
2349information.
2350     (c)  The maximum number of units that will use facilities
2351in common with the condominium. If the maximum number of units
2352will vary, a description of the basis for variation and the
2353minimum amount of dollars per unit to be spent for additional
2354recreational facilities or enlargement of such facilities. If
2355the addition or enlargement of facilities will result in a
2356material increase of a unit owner's maintenance expense or
2357rental expense, if any, the maximum increase and limitations
2358thereon shall be stated.
2359     (5)(a)  A statement in conspicuous type describing whether
2360the condominium is created and being sold as fee simple
2361interests or as leasehold interests. If the condominium is
2362created or being sold on a leasehold, the location of the lease
2363in the disclosure materials shall be stated.
2364     (b)  If timeshare estates are or may be created with
2365respect to any unit in the condominium, a statement in
2366conspicuous type stating that timeshare estates are created and
2367being sold in units in the condominium.
2368     (6)  A description of the recreational and other commonly
2369used facilities that will be used only by unit owners of the
2370condominium, including, but not limited to, the following:
2371     (a)  Each room and its intended purposes, location,
2372approximate floor area, and capacity in numbers of people.
2373     (b)  Each swimming pool, as to its general location,
2374approximate size and depths, approximate deck size and capacity,
2375and whether heated.
2376     (c)  Additional facilities, as to the number of each
2377facility, its approximate location, approximate size, and
2378approximate capacity.
2379     (d)  A general description of the items of personal
2380property and the approximate number of each item of personal
2381property that the developer is committing to furnish for each
2382room or other facility or, in the alternative, a representation
2383as to the minimum amount of expenditure that will be made to
2384purchase the personal property for the facility.
2385     (e)  The estimated date when each room or other facility
2386will be available for use by the unit owners.
2387     (f)1.  An identification of each room or other facility to
2388be used by unit owners that will not be owned by the unit owners
2389or the association;
2390     2.  A reference to the location in the disclosure materials
2391of the lease or other agreements providing for the use of those
2392facilities; and
2393     3.  A description of the terms of the lease or other
2394agreements, including the length of the term; the rent payable,
2395directly or indirectly, by each unit owner, and the total rent
2396payable to the lessor, stated in monthly and annual amounts for
2397the entire term of the lease; and a description of any option to
2398purchase the property leased under any such lease, including the
2399time the option may be exercised, the purchase price or how it
2400is to be determined, the manner of payment, and whether the
2401option may be exercised for a unit owner's share or only as to
2402the entire leased property.
2403     (g)  A statement as to whether the developer may provide
2404additional facilities not described above; their general
2405locations and types; improvements or changes that may be made;
2406the approximate dollar amount to be expended; and the maximum
2407additional common expense or cost to the individual unit owners
2408that may be charged during the first annual period of operation
2409of the modified or added facilities.
2410
2411Descriptions as to locations, areas, capacities, numbers,
2412volumes, or sizes may be stated as approximations or minimums.
2413     (7)  A description of the recreational and other facilities
2414that will be used in common with other condominiums, community
2415associations, or planned developments which require the payment
2416of the maintenance and expenses of such facilities, either
2417directly or indirectly, by the unit owners. The description
2418shall include, but not be limited to, the following:
2419     (a)  Each building and facility committed to be built.
2420     (b)  Facilities not committed to be built except under
2421certain conditions, and a statement of those conditions or
2422contingencies.
2423     (c)  As to each facility committed to be built, or which
2424will be committed to be built upon the happening of one of the
2425conditions in paragraph (b), a statement of whether it will be
2426owned by the unit owners having the use thereof or by an
2427association or other entity which will be controlled by them, or
2428others, and the location in the exhibits of the lease or other
2429document providing for use of those facilities.
2430     (d)  The year in which each facility will be available for
2431use by the unit owners or, in the alternative, the maximum
2432number of unit owners in the project at the time each of all of
2433the facilities is committed to be completed.
2434     (e)  A general description of the items of personal
2435property, and the approximate number of each item of personal
2436property, that the developer is committing to furnish for each
2437room or other facility or, in the alternative, a representation
2438as to the minimum amount of expenditure that will be made to
2439purchase the personal property for the facility.
2440     (f)  If there are leases, a description thereof, including
2441the length of the term, the rent payable, and a description of
2442any option to purchase.
2443
2444Descriptions shall include location, areas, capacities, numbers,
2445volumes, or sizes and may be stated as approximations or
2446minimums.
2447     (8)  Recreation lease or associated club membership:
2448     (a)  If any recreational facilities or other facilities
2449offered by the developer and available to, or to be used by,
2450unit owners are to be leased or have club membership associated,
2451the following statement in conspicuous type shall be included:
2452THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2453CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2454CONDOMINIUM. There shall be a reference to the location in the
2455disclosure materials where the recreation lease or club
2456membership is described in detail.
2457     (b)  If it is mandatory that unit owners pay a fee, rent,
2458dues, or other charges under a recreational facilities lease or
2459club membership for the use of facilities, there shall be in
2460conspicuous type the applicable statement:
2461     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2462MANDATORY FOR UNIT OWNERS; or
2463     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2464TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2465     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2466COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2467REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2468LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2469     4.  A similar statement of the nature of the organization
2470or the manner in which the use rights are created, and that unit
2471owners are required to pay.
2472
2473Immediately following the applicable statement, the location in
2474the disclosure materials where the development is described in
2475detail shall be stated.
2476     (c)  If the developer, or any other person other than the
2477unit owners and other persons having use rights in the
2478facilities, reserves, or is entitled to receive, any rent, fee,
2479or other payment for the use of the facilities, then there shall
2480be the following statement in conspicuous type: THE UNIT OWNERS
2481OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2482RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2483following this statement, the location in the disclosure
2484materials where the rent or land use fees are described in
2485detail shall be stated.
2486     (d)  If, in any recreation format, whether leasehold, club,
2487or other, any person other than the association has the right to
2488a lien on the units to secure the payment of assessments, rent,
2489or other exactions, there shall appear a statement in
2490conspicuous type in substantially the following form:
2491     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2492SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2493RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2494PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2495     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2496SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2497FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2498OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2499THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2500
2501Immediately following the applicable statement, the location in
2502the disclosure materials where the lien or lien right is
2503described in detail shall be stated.
2504     (9)  If the developer or any other person has the right to
2505increase or add to the recreational facilities at any time after
2506the establishment of the condominium whose unit owners have use
2507rights therein, without the consent of the unit owners or
2508associations being required, there shall appear a statement in
2509conspicuous type in substantially the following form:
2510RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2511OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2512statement, the location in the disclosure materials where such
2513reserved rights are described shall be stated.
2514     (10)  A statement of whether the developer's plan includes
2515a program of leasing units rather than selling them, or leasing
2516units and selling them subject to such leases. If so, there
2517shall be a description of the plan, including the number and
2518identification of the units and the provisions and term of the
2519proposed leases, and a statement in boldfaced type that: THE
2520UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2521     (11)  The arrangements for management of the association
2522and maintenance and operation of the condominium property and of
2523other property that will serve the unit owners of the
2524condominium property, and a description of the management
2525contract and all other contracts for these purposes having a
2526term in excess of 1 year, including the following:
2527     (a)  The names of contracting parties.
2528     (b)  The term of the contract.
2529     (c)  The nature of the services included.
2530     (d)  The compensation, stated on a monthly and annual
2531basis, and provisions for increases in the compensation.
2532     (e)  A reference to the volumes and pages of the
2533condominium documents and of the exhibits containing copies of
2534such contracts.
2535
2536Copies of all described contracts shall be attached as exhibits.
2537If there is a contract for the management of the condominium
2538property, then a statement in conspicuous type in substantially
2539the following form shall appear, identifying the proposed or
2540existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2541THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2542CONTRACT MANAGER). Immediately following this statement, the
2543location in the disclosure materials of the contract for
2544management of the condominium property shall be stated.
2545     (12)  If the developer or any other person or persons other
2546than the unit owners has the right to retain control of the
2547board of administration of the association for a period of time
2548which can exceed 1 year after the closing of the sale of a
2549majority of the units in that condominium to persons other than
2550successors or alternate developers, then a statement in
2551conspicuous type in substantially the following form shall be
2552included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2553RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2554HAVE BEEN SOLD. Immediately following this statement, the
2555location in the disclosure materials where this right to control
2556is described in detail shall be stated.
2557     (13)  If there are any restrictions upon the sale,
2558transfer, conveyance, or leasing of a unit, then a statement in
2559conspicuous type in substantially the following form shall be
2560included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2561CONTROLLED. Immediately following this statement, the location
2562in the disclosure materials where the restriction, limitation,
2563or control on the sale, lease, or transfer of units is described
2564in detail shall be stated.
2565     (14)  If the condominium is part of a phase project, the
2566following information shall be stated:
2567     (a)  A statement in conspicuous type in substantially the
2568following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2569UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2570this statement, the location in the disclosure materials where
2571the phasing is described shall be stated.
2572     (b)  A summary of the provisions of the declaration which
2573provide for the phasing.
2574     (c)  A statement as to whether or not residential buildings
2575and units which are added to the condominium may be
2576substantially different from the residential buildings and units
2577originally in the condominium. If the added residential
2578buildings and units may be substantially different, there shall
2579be a general description of the extent to which such added
2580residential buildings and units may differ, and a statement in
2581conspicuous type in substantially the following form shall be
2582included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2583MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2584UNITS IN THE CONDOMINIUM. Immediately following this statement,
2585the location in the disclosure materials where the extent to
2586which added residential buildings and units may substantially
2587differ is described shall be stated.
2588     (d)  A statement of the maximum number of buildings
2589containing units, the maximum and minimum numbers of units in
2590each building, the maximum number of units, and the minimum and
2591maximum square footage of the units that may be contained within
2592each parcel of land which may be added to the condominium.
2593     (15)  If a condominium created on or after July 1, 2000, is
2594or may become part of a multicondominium, the following
2595information must be provided:
2596     (a)  A statement in conspicuous type in substantially the
2597following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2598MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2599(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2600this statement, the location in the prospectus or offering
2601circular and its exhibits where the multicondominium aspects of
2602the offering are described must be stated.
2603     (b)  A summary of the provisions in the declaration,
2604articles of incorporation, and bylaws which establish and
2605provide for the operation of the multicondominium, including a
2606statement as to whether unit owners in the condominium will have
2607the right to use recreational or other facilities located or
2608planned to be located in other condominiums operated by the same
2609association, and the manner of sharing the common expenses
2610related to such facilities.
2611     (c)  A statement of the minimum and maximum number of
2612condominiums, and the minimum and maximum number of units in
2613each of those condominiums, which will or may be operated by the
2614association, and the latest date by which the exact number will
2615be finally determined.
2616     (d)  A statement as to whether any of the condominiums in
2617the multicondominium may include units intended to be used for
2618nonresidential purposes and the purpose or purposes permitted
2619for such use.
2620     (e)  A general description of the location and approximate
2621acreage of any land on which any additional condominiums to be
2622operated by the association may be located.
2623     (16)  If the condominium is created by conversion of
2624existing improvements, the following information shall be
2625stated:
2626     (a)  The information required by s. 718.616.
2627     (b)  A caveat that there are no express warranties unless
2628they are stated in writing by the developer.
2629     (17)  A summary of the restrictions, if any, to be imposed
2630on units concerning the use of any of the condominium property,
2631including statements as to whether there are restrictions upon
2632children and pets, and reference to the volumes and pages of the
2633condominium documents where such restrictions are found, or if
2634such restrictions are contained elsewhere, then a copy of the
2635documents containing the restrictions shall be attached as an
2636exhibit.
2637     (18)  If there is any land that is offered by the developer
2638for use by the unit owners and that is neither owned by them nor
2639leased to them, the association, or any entity controlled by
2640unit owners and other persons having the use rights to such
2641land, a statement shall be made as to how such land will serve
2642the condominium. If any part of such land will serve the
2643condominium, the statement shall describe the land and the
2644nature and term of service, and the declaration or other
2645instrument creating such servitude shall be included as an
2646exhibit.
2647     (19)  The manner in which utility and other services,
2648including, but not limited to, sewage and waste disposal, water
2649supply, and storm drainage, will be provided and the person or
2650entity furnishing them.
2651     (20)  An explanation of the manner in which the
2652apportionment of common expenses and ownership of the common
2653elements has been determined.
2654     (21)  An estimated operating budget for the condominium and
2655the association, and a schedule of the unit owner's expenses
2656shall be attached as an exhibit and shall contain the following
2657information:
2658     (a)  The estimated monthly and annual expenses of the
2659condominium and the association that are collected from unit
2660owners by assessments.
2661     (b)  The estimated monthly and annual expenses of each unit
2662owner for a unit, other than common expenses paid by all unit
2663owners, payable by the unit owner to persons or entities other
2664than the association, as well as to the association, including
2665fees assessed pursuant to s. 718.113(1) for maintenance of
2666limited common elements where such costs are shared only by
2667those entitled to use the limited common element, and the total
2668estimated monthly and annual expense. There may be excluded from
2669this estimate expenses which are not provided for or
2670contemplated by the condominium documents, including, but not
2671limited to, the costs of private telephone; maintenance of the
2672interior of condominium units, which is not the obligation of
2673the association; maid or janitorial services privately
2674contracted for by the unit owners; utility bills billed directly
2675to each unit owner for utility services to his or her unit;
2676insurance premiums other than those incurred for policies
2677obtained by the condominium; and similar personal expenses of
2678the unit owner. A unit owner's estimated payments for
2679assessments shall also be stated in the estimated amounts for
2680the times when they will be due.
2681     (c)  The estimated items of expenses of the condominium and
2682the association, except as excluded under paragraph (b),
2683including, but not limited to, the following items, which shall
2684be stated either as an association expense collectible by
2685assessments or as unit owners' expenses payable to persons other
2686than the association:
2687     1.  Expenses for the association and condominium:
2688     a.  Administration of the association.
2689     b.  Management fees.
2690     c.  Maintenance.
2691     d.  Rent for recreational and other commonly used
2692facilities.
2693     e.  Taxes upon association property.
2694     f.  Taxes upon leased areas.
2695     g.  Insurance.
2696     h.  Security provisions.
2697     i.  Other expenses.
2698     j.  Operating capital.
2699     k.  Reserves.
2700     l.  Fees payable to the division.
2701     2.  Expenses for a unit owner:
2702     a.  Rent for the unit, if subject to a lease.
2703     b.  Rent payable by the unit owner directly to the lessor
2704or agent under any recreational lease or lease for the use of
2705commonly used facilities, which use and payment is a mandatory
2706condition of ownership and is not included in the common expense
2707or assessments for common maintenance paid by the unit owners to
2708the association.
2709     (d)  The following statement in conspicuous type: THE
2710BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2711ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2712ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2713FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2714ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2715CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2716THE OFFERING.
2717     (e)  Each budget for an association prepared by a developer
2718consistent with this subsection shall be prepared in good faith
2719and shall reflect accurate estimated amounts for the required
2720items in paragraph (c) at the time of the filing of the offering
2721circular with the division, and subsequent increased amounts of
2722any item included in the association's estimated budget that are
2723beyond the control of the developer shall not be considered an
2724amendment that would give rise to rescission rights set forth in
2725s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2726or otherwise affect any guarantee of the developer contained in
2727the offering circular or any purchase contract. It is the intent
2728of this paragraph to clarify existing law.
2729     (f)  The estimated amounts shall be stated for a period of
2730at least 12 months and may distinguish between the period prior
2731to the time unit owners other than the developer elect a
2732majority of the board of administration and the period after
2733that date.
2734     (22)  A schedule of estimated closing expenses to be paid
2735by a buyer or lessee of a unit and a statement of whether title
2736opinion or title insurance policy is available to the buyer and,
2737if so, at whose expense.
2738     (23)  The identity of the developer and the chief operating
2739officer or principal directing the creation and sale of the
2740condominium and a statement of its and his or her experience in
2741this field.
2742     (24)  Copies of the following, to the extent they are
2743applicable, shall be included as exhibits:
2744     (a)  The declaration of condominium, or the proposed
2745declaration if the declaration has not been recorded.
2746     (b)  The articles of incorporation creating the
2747association.
2748     (c)  The bylaws of the association.
2749     (d)  The ground lease or other underlying lease of the
2750condominium.
2751     (e)  The management agreement and all maintenance and other
2752contracts for management of the association and operation of the
2753condominium and facilities used by the unit owners having a
2754service term in excess of 1 year.
2755     (f)  The estimated operating budget for the condominium and
2756the required schedule of unit owners' expenses.
2757     (g)  A copy of the floor plan of the unit and the plot plan
2758showing the location of the residential buildings and the
2759recreation and other common areas.
2760     (h)  The lease of recreational and other facilities that
2761will be used only by unit owners of the subject condominium.
2762     (i)  The lease of facilities used by owners and others.
2763     (j)  The form of unit lease, if the offer is of a
2764leasehold.
2765     (k)  A declaration of servitude of properties serving the
2766condominium but not owned by unit owners or leased to them or
2767the association.
2768     (l)  The statement of condition of the existing building or
2769buildings, if the offering is of units in an operation being
2770converted to condominium ownership.
2771     (m)  The statement of inspection for termite damage and
2772treatment of the existing improvements, if the condominium is a
2773conversion.
2774     (n)  The form of agreement for sale or lease of units.
2775     (o)  A copy of the agreement for escrow of payments made to
2776the developer prior to closing.
2777     (p)  A copy of the documents containing any restrictions on
2778use of the property required by subsection (17).
2779     (25)  Any prospectus or offering circular complying, prior
2780to the effective date of this act, with the provisions of former
2781ss. 711.69 and 711.802 may continue to be used without amendment
2782or may be amended to comply with the provisions of this chapter.
2783     (26)  A brief narrative description of the location and
2784effect of all existing and intended easements located or to be
2785located on the condominium property other than those described
2786in the declaration.
2787     (27)  If the developer is required by state or local
2788authorities to obtain acceptance or approval of any dock or
2789marina facilities intended to serve the condominium, a copy of
2790any such acceptance or approval acquired by the time of filing
2791with the division under s. 718.502(1) or a statement that such
2792acceptance or approval has not been acquired or received.
2793     (28)  Evidence demonstrating that the developer has an
2794ownership, leasehold, or contractual interest in the land upon
2795which the condominium is to be developed.
2796     Section 52.  Section 718.508, Florida Statutes, is amended
2797to read:
2798     718.508  Regulation by Division of Hotels and
2799Restaurants.--In addition to the authority, regulation, or
2800control exercised by the Division of Florida Land Sales,
2801Condominiums, Timeshares, and Mobile Homes pursuant to this act
2802with respect to condominiums, buildings included in a
2803condominium property are shall be subject to the authority,
2804regulation, or control of the Division of Hotels and Restaurants
2805of the Department of Business and Professional Regulation, to
2806the extent provided for in chapter 399.
2807     Section 53.  Section 718.509, Florida Statutes, is amended,
2808and section 498.019, Florida Statutes, is transferred,
2809renumbered as subsections (1) and (2) of that section, and
2810amended to read:
2811     718.509  Division of Florida Land Sales, Condominiums,
2812Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2813the division and any amount paid for a fee or penalty under this
2814chapter shall be deposited in the State Treasury to the credit
2815of the Division of Florida Land Sales, Condominiums, and Mobile
2816Homes Trust Fund created by s. 498.019.
2817     498.019  Division of Florida Land Sales, Condominiums, and
2818Mobile Homes Trust Fund.--
2819     (1)  There is created within the State Treasury the
2820Division of Florida Land Sales, Condominiums, Timeshares, and
2821Mobile Homes Trust Fund to be used for the administration and
2822operation of this chapter and chapters 718, 719, 721, and 723 by
2823the division.
2824     (2)  All moneys collected by the division from fees, fines,
2825or penalties or from costs awarded to the division by a court or
2826administrative final order shall be paid into the Division of
2827Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2828Trust Fund. The Legislature shall appropriate funds from this
2829trust fund sufficient to carry out the provisions of this
2830chapter and the provisions of law with respect to each category
2831of business covered by the this trust fund. The division shall
2832maintain separate revenue accounts in the trust fund for each of
2833the businesses regulated by the division. The division shall
2834provide for the proportionate allocation among the accounts of
2835expenses incurred by the division in the performance of its
2836duties with respect to each of these businesses. As part of its
2837normal budgetary process, the division shall prepare an annual
2838report of revenue and allocated expenses related to the
2839operation of each of these businesses which may be used to
2840determine fees charged by the division. This subsection shall
2841operate pursuant to the provisions of s. 215.20.
2842     Section 54.  Paragraph (a) of subsection (2) of section
2843718.608, Florida Statutes, is amended to read:
2844     718.608  Notice of intended conversion; time of delivery;
2845content.--
2846     (2)(a)  Each notice of intended conversion shall be dated
2847and in writing. The notice shall contain the following
2848statement, with the phrases of the following statement which
2849appear in upper case printed in conspicuous type:
2850
2851     These apartments are being converted to condominium by  
2852(name of developer)  , the developer.
2853     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2854YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2855AGREEMENT AS FOLLOWS:
2856     a.  If you have continuously been a resident of these
2857apartments during the last 180 days and your rental agreement
2858expires during the next 270 days, you may extend your rental
2859agreement for up to 270 days after the date of this notice.
2860     b.  If you have not been a continuous resident of these
2861apartments for the last 180 days and your rental agreement
2862expires during the next 180 days, you may extend your rental
2863agreement for up to 180 days after the date of this notice.
2864     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2865MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2866DATE OF THIS NOTICE.
2867     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2868you may extend your rental agreement for up to 45 days after the
2869date of this notice while you decide whether to extend your
2870rental agreement as explained above. To do so, you must notify
2871the developer in writing. You will then have the full 45 days to
2872decide whether to extend your rental agreement as explained
2873above.
2874     3.  During the extension of your rental agreement you will
2875be charged the same rent that you are now paying.
2876     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2877OF THE RENTAL AGREEMENT AS FOLLOWS:
2878     a.  If your rental agreement began or was extended or
2879renewed after May 1, 1980, and your rental agreement, including
2880extensions and renewals, has an unexpired term of 180 days or
2881less, you may cancel your rental agreement upon 30 days' written
2882notice and move. Also, upon 30 days' written notice, you may
2883cancel any extension of the rental agreement.
2884     b.  If your rental agreement was not begun or was not
2885extended or renewed after May 1, 1980, you may not cancel the
2886rental agreement without the consent of the developer. If your
2887rental agreement, including extensions and renewals, has an
2888unexpired term of 180 days or less, you may, however, upon 30
2889days' written notice cancel any extension of the rental
2890agreement.
2891     5.  All notices must be given in writing and sent by mail,
2892return receipt requested, or delivered in person to the
2893developer at this address:   (name and address of developer)  .
2894     6.  If you have continuously been a resident of these
2895apartments during the last 180 days:
2896     a.  You have the right to purchase your apartment and will
2897have 45 days to decide whether to purchase. If you do not buy
2898the unit at that price and the unit is later offered at a lower
2899price, you will have the opportunity to buy the unit at the
2900lower price. However, in all events your right to purchase the
2901unit ends when the rental agreement or any extension of the
2902rental agreement ends or when you waive this right in writing.
2903     b.  Within 90 days you will be provided purchase
2904information relating to your apartment, including the price of
2905your unit and the condition of the building. If you do not
2906receive this information within 90 days, your rental agreement
2907and any extension will be extended 1 day for each day over 90
2908days until you are given the purchase information. If you do not
2909want this rental agreement extension, you must notify the
2910developer in writing.
2911     7.  If you have any questions regarding this conversion or
2912the Condominium Act, you may contact the developer or the state
2913agency which regulates condominiums: The Division of Florida
2914Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2915(Tallahassee address and telephone number of division)  .
2916     Section 55.  Subsection (17) of section 719.103, Florida
2917Statutes, is amended to read:
2918     719.103  Definitions.--As used in this chapter:
2919     (17)  "Division" means the Division of Florida Land Sales,
2920Condominiums, Timeshares, and Mobile Homes of the Department of
2921Business and Professional Regulation.
2922     Section 56.  Section 719.1255, Florida Statutes, is amended
2923to read:
2924     719.1255  Alternative resolution of disputes.--The Division
2925of Florida Land Sales, Condominiums, Timeshares, and Mobile
2926Homes of the Department of Business and Professional Regulation
2927shall provide for alternative dispute resolution in accordance
2928with s. 718.1255.
2929     Section 57.  Section 719.501, Florida Statutes, is amended
2930to read:
2931     719.501  Powers and duties of Division of Florida Land
2932Sales, Condominiums, Timeshares, and Mobile Homes.--
2933     (1)  The Division of Florida Land Sales, Condominiums,
2934Timeshares, and Mobile Homes of the Department of Business and
2935Professional Regulation, referred to as the "division" in this
2936part, in addition to other powers and duties prescribed by
2937chapter 718 498, has the power to enforce and ensure compliance
2938with the provisions of this chapter and adopted rules
2939promulgated pursuant hereto relating to the development,
2940construction, sale, lease, ownership, operation, and management
2941of residential cooperative units. In performing its duties, the
2942division shall have the following powers and duties:
2943     (a)  The division may make necessary public or private
2944investigations within or outside this state to determine whether
2945any person has violated this chapter or any rule or order
2946hereunder, to aid in the enforcement of this chapter, or to aid
2947in the adoption of rules or forms hereunder.
2948     (b)  The division may require or permit any person to file
2949a statement in writing, under oath or otherwise, as the division
2950determines, as to the facts and circumstances concerning a
2951matter to be investigated.
2952     (c)  For the purpose of any investigation under this
2953chapter, the division director or any officer or employee
2954designated by the division director may administer oaths or
2955affirmations, subpoena witnesses and compel their attendance,
2956take evidence, and require the production of any matter which is
2957relevant to the investigation, including the existence,
2958description, nature, custody, condition, and location of any
2959books, documents, or other tangible things and the identity and
2960location of persons having knowledge of relevant facts or any
2961other matter reasonably calculated to lead to the discovery of
2962material evidence. Upon failure by a person to obey a subpoena
2963or to answer questions propounded by the investigating officer
2964and upon reasonable notice to all persons affected thereby, the
2965division may apply to the circuit court for an order compelling
2966compliance.
2967     (d)  Notwithstanding any remedies available to unit owners
2968and associations, if the division has reasonable cause to
2969believe that a violation of any provision of this chapter or
2970related rule promulgated pursuant hereto has occurred, the
2971division may institute enforcement proceedings in its own name
2972against a developer, association, officer, or member of the
2973board, or its assignees or agents, as follows:
2974     1.  The division may permit a person whose conduct or
2975actions may be under investigation to waive formal proceedings
2976and enter into a consent proceeding whereby orders, rules, or
2977letters of censure or warning, whether formal or informal, may
2978be entered against the person.
2979     2.  The division may issue an order requiring the
2980developer, association, officer, or member of the board, or its
2981assignees or agents, to cease and desist from the unlawful
2982practice and take such affirmative action as in the judgment of
2983the division will carry out the purposes of this chapter. Such
2984affirmative action may include, but is not limited to, an order
2985requiring a developer to pay moneys determined to be owed to a
2986condominium association.
2987     3.  The division may bring an action in circuit court on
2988behalf of a class of unit owners, lessees, or purchasers for
2989declaratory relief, injunctive relief, or restitution.
2990     4.  The division may impose a civil penalty against a
2991developer or association, or its assignees or agents, for any
2992violation of this chapter or related a rule promulgated pursuant
2993hereto. The division may impose a civil penalty individually
2994against any officer or board member who willfully and knowingly
2995violates a provision of this chapter, a rule adopted pursuant to
2996this chapter, or a final order of the division. The term
2997"willfully and knowingly" means that the division informed the
2998officer or board member that his or her action or intended
2999action violates this chapter, a rule adopted under this chapter,
3000or a final order of the division, and that the officer or board
3001member refused to comply with the requirements of this chapter,
3002a rule adopted under this chapter, or a final order of the
3003division. The division, prior to initiating formal agency action
3004under chapter 120, shall afford the officer or board member an
3005opportunity to voluntarily comply with this chapter, a rule
3006adopted under this chapter, or a final order of the division. An
3007officer or board member who complies within 10 days is not
3008subject to a civil penalty. A penalty may be imposed on the
3009basis of each day of continuing violation, but in no event shall
3010the penalty for any offense exceed $5,000. By January 1, 1998,
3011the division shall adopt, by rule, penalty guidelines applicable
3012to possible violations or to categories of violations of this
3013chapter or rules adopted by the division. The guidelines must
3014specify a meaningful range of civil penalties for each such
3015violation of the statute and rules and must be based upon the
3016harm caused by the violation, the repetition of the violation,
3017and upon such other factors deemed relevant by the division. For
3018example, the division may consider whether the violations were
3019committed by a developer or owner-controlled association, the
3020size of the association, and other factors. The guidelines must
3021designate the possible mitigating or aggravating circumstances
3022that justify a departure from the range of penalties provided by
3023the rules. It is the legislative intent that minor violations be
3024distinguished from those which endanger the health, safety, or
3025welfare of the cooperative residents or other persons and that
3026such guidelines provide reasonable and meaningful notice to the
3027public of likely penalties that may be imposed for proscribed
3028conduct. This subsection does not limit the ability of the
3029division to informally dispose of administrative actions or
3030complaints by stipulation, agreed settlement, or consent order.
3031All amounts collected shall be deposited with the Chief
3032Financial Officer to the credit of the Division of Florida Land
3033Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
3034a developer fails to pay the civil penalty, the division shall
3035thereupon issue an order directing that such developer cease and
3036desist from further operation until such time as the civil
3037penalty is paid or may pursue enforcement of the penalty in a
3038court of competent jurisdiction. If an association fails to pay
3039the civil penalty, the division shall thereupon pursue
3040enforcement in a court of competent jurisdiction, and the order
3041imposing the civil penalty or the cease and desist order shall
3042not become effective until 20 days after the date of such order.
3043Any action commenced by the division shall be brought in the
3044county in which the division has its executive offices or in the
3045county where the violation occurred.
3046     (e)  The division may is authorized to prepare and
3047disseminate a prospectus and other information to assist
3048prospective owners, purchasers, lessees, and developers of
3049residential cooperatives in assessing the rights, privileges,
3050and duties pertaining thereto.
3051     (f)  The division has authority to adopt rules pursuant to
3052ss. 120.536(1) and 120.54 to implement and enforce the
3053provisions of this chapter.
3054     (g)  The division shall establish procedures for providing
3055notice to an association when the division is considering the
3056issuance of a declaratory statement with respect to the
3057cooperative documents governing such cooperative community.
3058     (h)  The division shall furnish each association which pays
3059the fees required by paragraph (2)(a) a copy of this act,
3060subsequent changes to this act on an annual basis, an amended
3061version of this act as it becomes available from the Secretary
3062of State's office on a biennial basis, and the rules adopted
3063promulgated pursuant thereto on an annual basis.
3064     (i)  The division shall annually provide each association
3065with a summary of declaratory statements and formal legal
3066opinions relating to the operations of cooperatives which were
3067rendered by the division during the previous year.
3068     (j)  The division shall adopt uniform accounting
3069principles, policies, and standards to be used by all
3070associations in the preparation and presentation of all
3071financial statements required by this chapter. The principles,
3072policies, and standards shall take into consideration the size
3073of the association and the total revenue collected by the
3074association.
3075     (k)  The division shall provide training programs for
3076cooperative association board members and unit owners.
3077     (l)  The division shall maintain a toll-free telephone
3078number accessible to cooperative unit owners.
3079     (m)  When a complaint is made to the division, the division
3080shall conduct its inquiry with reasonable dispatch and with due
3081regard to the interests of the affected parties. Within 30 days
3082after receipt of a complaint, the division shall acknowledge the
3083complaint in writing and notify the complainant whether the
3084complaint is within the jurisdiction of the division and whether
3085additional information is needed by the division from the
3086complainant. The division shall conduct its investigation and
3087shall, within 90 days after receipt of the original complaint or
3088timely requested additional information, take action upon the
3089complaint. However, the failure to complete the investigation
3090within 90 days does not prevent the division from continuing the
3091investigation, accepting or considering evidence obtained or
3092received after 90 days, or taking administrative action if
3093reasonable cause exists to believe that a violation of this
3094chapter or a rule of the division has occurred. If an
3095investigation is not completed within the time limits
3096established in this paragraph, the division shall, on a monthly
3097basis, notify the complainant in writing of the status of the
3098investigation. When reporting its action to the complainant, the
3099division shall inform the complainant of any right to a hearing
3100pursuant to ss. 120.569 and 120.57.
3101     (n)  The division shall develop a program to certify both
3102volunteer and paid mediators to provide mediation of cooperative
3103disputes. The division shall provide, upon request, a list of
3104such mediators to any association, unit owner, or other
3105participant in arbitration proceedings under s. 718.1255
3106requesting a copy of the list. The division shall include on the
3107list of voluntary mediators only persons who have received at
3108least 20 hours of training in mediation techniques or have
3109mediated at least 20 disputes. In order to become initially
3110certified by the division, paid mediators must be certified by
3111the Supreme Court to mediate court cases in either county or
3112circuit courts. However, the division may adopt, by rule,
3113additional factors for the certification of paid mediators,
3114which factors must be related to experience, education, or
3115background. Any person initially certified as a paid mediator by
3116the division must, in order to continue to be certified, comply
3117with the factors or requirements imposed by rules adopted by the
3118division.
3119     (2)(a)  Each cooperative association shall pay to the
3120division, on or before January 1 of each year, an annual fee in
3121the amount of $4 for each residential unit in cooperatives
3122operated by the association. If the fee is not paid by March 1,
3123then the association shall be assessed a penalty of 10 percent
3124of the amount due, and the association shall not have the
3125standing to maintain or defend any action in the courts of this
3126state until the amount due is paid.
3127     (b)  All fees shall be deposited in the Division of Florida
3128Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3129Fund as provided by law.
3130     Section 58.  Paragraph (a) of subsection (2) of section
3131719.502, Florida Statutes, is amended to read:
3132     719.502  Filing prior to sale or lease.--
3133     (2)(a)  Prior to filing as required by subsection (1), and
3134prior to acquiring an ownership, leasehold, or contractual
3135interest in the land upon which the cooperative is to be
3136developed, a developer shall not offer a contract for purchase
3137or lease of a unit for more than 5 years. However, the developer
3138may accept deposits for reservations upon the approval of a
3139fully executed escrow agreement and reservation agreement form
3140properly filed with the Division of Florida Land Sales,
3141Condominiums, Timeshares, and Mobile Homes. Each filing of a
3142proposed reservation program shall be accompanied by a filing
3143fee of $250. Reservations shall not be taken on a proposed
3144cooperative unless the developer has an ownership, leasehold, or
3145contractual interest in the land upon which the cooperative is
3146to be developed. The division shall notify the developer within
314720 days of receipt of the reservation filing of any deficiencies
3148contained therein. Such notification shall not preclude the
3149determination of reservation filing deficiencies at a later
3150date, nor shall it relieve the developer of any responsibility
3151under the law. The escrow agreement and the reservation
3152agreement form shall include a statement of the right of the
3153prospective purchaser to an immediate unqualified refund of the
3154reservation deposit moneys upon written request to the escrow
3155agent by the prospective purchaser or the developer.
3156     Section 59.  Section 719.504, Florida Statutes, is amended
3157to read:
3158     719.504  Prospectus or offering circular.--Every developer
3159of a residential cooperative which contains more than 20
3160residential units, or which is part of a group of residential
3161cooperatives which will be served by property to be used in
3162common by unit owners of more than 20 residential units, shall
3163prepare a prospectus or offering circular and file it with the
3164Division of Florida Land Sales, Condominiums, Timeshares, and
3165Mobile Homes prior to entering into an enforceable contract of
3166purchase and sale of any unit or lease of a unit for more than 5
3167years and shall furnish a copy of the prospectus or offering
3168circular to each buyer. In addition to the prospectus or
3169offering circular, each buyer shall be furnished a separate page
3170entitled "Frequently Asked Questions and Answers," which must be
3171in accordance with a format approved by the division. This page
3172must, in readable language: inform prospective purchasers
3173regarding their voting rights and unit use restrictions,
3174including restrictions on the leasing of a unit; indicate
3175whether and in what amount the unit owners or the association is
3176obligated to pay rent or land use fees for recreational or other
3177commonly used facilities; contain a statement identifying that
3178amount of assessment which, pursuant to the budget, would be
3179levied upon each unit type, exclusive of any special
3180assessments, and which identifies the basis upon which
3181assessments are levied, whether monthly, quarterly, or
3182otherwise; state and identify any court cases in which the
3183association is currently a party of record in which the
3184association may face liability in excess of $100,000; and state
3185whether membership in a recreational facilities association is
3186mandatory and, if so, identify the fees currently charged per
3187unit type. The division shall by rule require such other
3188disclosure as in its judgment will assist prospective
3189purchasers. The prospectus or offering circular may include more
3190than one cooperative, although not all such units are being
3191offered for sale as of the date of the prospectus or offering
3192circular. The prospectus or offering circular must contain the
3193following information:
3194     (1)  The front cover or the first page must contain only:
3195     (a)  The name of the cooperative.
3196     (b)  The following statements in conspicuous type:
3197     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3198MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3199     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3200NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3201ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
3202MATERIALS.
3203     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3204STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3205PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3206REPRESENTATIONS.
3207     (2)  Summary: The next page must contain all statements
3208required to be in conspicuous type in the prospectus or offering
3209circular.
3210     (3)  A separate index of the contents and exhibits of the
3211prospectus.
3212     (4)  Beginning on the first page of the text (not including
3213the summary and index), a description of the cooperative,
3214including, but not limited to, the following information:
3215     (a)  Its name and location.
3216     (b)  A description of the cooperative property, including,
3217without limitation:
3218     1.  The number of buildings, the number of units in each
3219building, the number of bathrooms and bedrooms in each unit, and
3220the total number of units, if the cooperative is not a phase
3221cooperative; or, if the cooperative is a phase cooperative, the
3222maximum number of buildings that may be contained within the
3223cooperative, the minimum and maximum number of units in each
3224building, the minimum and maximum number of bathrooms and
3225bedrooms that may be contained in each unit, and the maximum
3226number of units that may be contained within the cooperative.
3227     2.  The page in the cooperative documents where a copy of
3228the survey and plot plan of the cooperative is located.
3229     3.  The estimated latest date of completion of
3230constructing, finishing, and equipping. In lieu of a date, a
3231statement that the estimated date of completion of the
3232cooperative is in the purchase agreement and a reference to the
3233article or paragraph containing that information.
3234     (c)  The maximum number of units that will use facilities
3235in common with the cooperative. If the maximum number of units
3236will vary, a description of the basis for variation and the
3237minimum amount of dollars per unit to be spent for additional
3238recreational facilities or enlargement of such facilities. If
3239the addition or enlargement of facilities will result in a
3240material increase of a unit owner's maintenance expense or
3241rental expense, if any, the maximum increase and limitations
3242thereon shall be stated.
3243     (5)(a)  A statement in conspicuous type describing whether
3244the cooperative is created and being sold as fee simple
3245interests or as leasehold interests. If the cooperative is
3246created or being sold on a leasehold, the location of the lease
3247in the disclosure materials shall be stated.
3248     (b)  If timeshare estates are or may be created with
3249respect to any unit in the cooperative, a statement in
3250conspicuous type stating that timeshare estates are created and
3251being sold in such specified units in the cooperative.
3252     (6)  A description of the recreational and other common
3253areas that will be used only by unit owners of the cooperative,
3254including, but not limited to, the following:
3255     (a)  Each room and its intended purposes, location,
3256approximate floor area, and capacity in numbers of people.
3257     (b)  Each swimming pool, as to its general location,
3258approximate size and depths, approximate deck size and capacity,
3259and whether heated.
3260     (c)  Additional facilities, as to the number of each
3261facility, its approximate location, approximate size, and
3262approximate capacity.
3263     (d)  A general description of the items of personal
3264property and the approximate number of each item of personal
3265property that the developer is committing to furnish for each
3266room or other facility or, in the alternative, a representation
3267as to the minimum amount of expenditure that will be made to
3268purchase the personal property for the facility.
3269     (e)  The estimated date when each room or other facility
3270will be available for use by the unit owners.
3271     (f)1.  An identification of each room or other facility to
3272be used by unit owners that will not be owned by the unit owners
3273or the association;
3274     2.  A reference to the location in the disclosure materials
3275of the lease or other agreements providing for the use of those
3276facilities; and
3277     3.  A description of the terms of the lease or other
3278agreements, including the length of the term; the rent payable,
3279directly or indirectly, by each unit owner, and the total rent
3280payable to the lessor, stated in monthly and annual amounts for
3281the entire term of the lease; and a description of any option to
3282purchase the property leased under any such lease, including the
3283time the option may be exercised, the purchase price or how it
3284is to be determined, the manner of payment, and whether the
3285option may be exercised for a unit owner's share or only as to
3286the entire leased property.
3287     (g)  A statement as to whether the developer may provide
3288additional facilities not described above, their general
3289locations and types, improvements or changes that may be made,
3290the approximate dollar amount to be expended, and the maximum
3291additional common expense or cost to the individual unit owners
3292that may be charged during the first annual period of operation
3293of the modified or added facilities.
3294
3295Descriptions as to locations, areas, capacities, numbers,
3296volumes, or sizes may be stated as approximations or minimums.
3297     (7)  A description of the recreational and other facilities
3298that will be used in common with other cooperatives, community
3299associations, or planned developments which require the payment
3300of the maintenance and expenses of such facilities, either
3301directly or indirectly, by the unit owners. The description
3302shall include, but not be limited to, the following:
3303     (a)  Each building and facility committed to be built.
3304     (b)  Facilities not committed to be built except under
3305certain conditions, and a statement of those conditions or
3306contingencies.
3307     (c)  As to each facility committed to be built, or which
3308will be committed to be built upon the happening of one of the
3309conditions in paragraph (b), a statement of whether it will be
3310owned by the unit owners having the use thereof or by an
3311association or other entity which will be controlled by them, or
3312others, and the location in the exhibits of the lease or other
3313document providing for use of those facilities.
3314     (d)  The year in which each facility will be available for
3315use by the unit owners or, in the alternative, the maximum
3316number of unit owners in the project at the time each of all of
3317the facilities is committed to be completed.
3318     (e)  A general description of the items of personal
3319property, and the approximate number of each item of personal
3320property, that the developer is committing to furnish for each
3321room or other facility or, in the alternative, a representation
3322as to the minimum amount of expenditure that will be made to
3323purchase the personal property for the facility.
3324     (f)  If there are leases, a description thereof, including
3325the length of the term, the rent payable, and a description of
3326any option to purchase.
3327
3328Descriptions shall include location, areas, capacities, numbers,
3329volumes, or sizes and may be stated as approximations or
3330minimums.
3331     (8)  Recreation lease or associated club membership:
3332     (a)  If any recreational facilities or other common areas
3333offered by the developer and available to, or to be used by,
3334unit owners are to be leased or have club membership associated,
3335the following statement in conspicuous type shall be included:
3336THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3337COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3338COOPERATIVE. There shall be a reference to the location in the
3339disclosure materials where the recreation lease or club
3340membership is described in detail.
3341     (b)  If it is mandatory that unit owners pay a fee, rent,
3342dues, or other charges under a recreational facilities lease or
3343club membership for the use of facilities, there shall be in
3344conspicuous type the applicable statement:
3345     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3346MANDATORY FOR UNIT OWNERS; or
3347     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3348TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3349     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3350COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3351REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3352LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3353     4.  A similar statement of the nature of the organization
3354or manner in which the use rights are created, and that unit
3355owners are required to pay.
3356
3357Immediately following the applicable statement, the location in
3358the disclosure materials where the development is described in
3359detail shall be stated.
3360     (c)  If the developer, or any other person other than the
3361unit owners and other persons having use rights in the
3362facilities, reserves, or is entitled to receive, any rent, fee,
3363or other payment for the use of the facilities, then there shall
3364be the following statement in conspicuous type: THE UNIT OWNERS
3365OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3366RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3367statement, the location in the disclosure materials where the
3368rent or land use fees are described in detail shall be stated.
3369     (d)  If, in any recreation format, whether leasehold, club,
3370or other, any person other than the association has the right to
3371a lien on the units to secure the payment of assessments, rent,
3372or other exactions, there shall appear a statement in
3373conspicuous type in substantially the following form:
3374     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3375SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3376RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3377PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3378     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3379SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3380FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3381OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3382PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3383
3384Immediately following the applicable statement, the location in
3385the disclosure materials where the lien or lien right is
3386described in detail shall be stated.
3387     (9)  If the developer or any other person has the right to
3388increase or add to the recreational facilities at any time after
3389the establishment of the cooperative whose unit owners have use
3390rights therein, without the consent of the unit owners or
3391associations being required, there shall appear a statement in
3392conspicuous type in substantially the following form:
3393RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3394OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3395statement, the location in the disclosure materials where such
3396reserved rights are described shall be stated.
3397     (10)  A statement of whether the developer's plan includes
3398a program of leasing units rather than selling them, or leasing
3399units and selling them subject to such leases. If so, there
3400shall be a description of the plan, including the number and
3401identification of the units and the provisions and term of the
3402proposed leases, and a statement in boldfaced type that: THE
3403UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3404     (11)  The arrangements for management of the association
3405and maintenance and operation of the cooperative property and of
3406other property that will serve the unit owners of the
3407cooperative property, and a description of the management
3408contract and all other contracts for these purposes having a
3409term in excess of 1 year, including the following:
3410     (a)  The names of contracting parties.
3411     (b)  The term of the contract.
3412     (c)  The nature of the services included.
3413     (d)  The compensation, stated on a monthly and annual
3414basis, and provisions for increases in the compensation.
3415     (e)  A reference to the volumes and pages of the
3416cooperative documents and of the exhibits containing copies of
3417such contracts.
3418
3419Copies of all described contracts shall be attached as exhibits.
3420If there is a contract for the management of the cooperative
3421property, then a statement in conspicuous type in substantially
3422the following form shall appear, identifying the proposed or
3423existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3424THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3425CONTRACT MANAGER). Immediately following this statement, the
3426location in the disclosure materials of the contract for
3427management of the cooperative property shall be stated.
3428     (12)  If the developer or any other person or persons other
3429than the unit owners has the right to retain control of the
3430board of administration of the association for a period of time
3431which can exceed 1 year after the closing of the sale of a
3432majority of the units in that cooperative to persons other than
3433successors or alternate developers, then a statement in
3434conspicuous type in substantially the following form shall be
3435included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3436RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3437HAVE BEEN SOLD. Immediately following this statement, the
3438location in the disclosure materials where this right to control
3439is described in detail shall be stated.
3440     (13)  If there are any restrictions upon the sale,
3441transfer, conveyance, or leasing of a unit, then a statement in
3442conspicuous type in substantially the following form shall be
3443included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3444CONTROLLED. Immediately following this statement, the location
3445in the disclosure materials where the restriction, limitation,
3446or control on the sale, lease, or transfer of units is described
3447in detail shall be stated.
3448     (14)  If the cooperative is part of a phase project, the
3449following shall be stated:
3450     (a)  A statement in conspicuous type in substantially the
3451following form shall be included: THIS IS A PHASE COOPERATIVE.
3452ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3453Immediately following this statement, the location in the
3454disclosure materials where the phasing is described shall be
3455stated.
3456     (b)  A summary of the provisions of the declaration
3457providing for the phasing.
3458     (c)  A statement as to whether or not residential buildings
3459and units which are added to the cooperative may be
3460substantially different from the residential buildings and units
3461originally in the cooperative, and, if the added residential
3462buildings and units may be substantially different, there shall
3463be a general description of the extent to which such added
3464residential buildings and units may differ, and a statement in
3465conspicuous type in substantially the following form shall be
3466included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3467MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3468UNITS IN THE COOPERATIVE. Immediately following this statement,
3469the location in the disclosure materials where the extent to
3470which added residential buildings and units may substantially
3471differ is described shall be stated.
3472     (d)  A statement of the maximum number of buildings
3473containing units, the maximum and minimum number of units in
3474each building, the maximum number of units, and the minimum and
3475maximum square footage of the units that may be contained within
3476each parcel of land which may be added to the cooperative.
3477     (15)  If the cooperative is created by conversion of
3478existing improvements, the following information shall be
3479stated:
3480     (a)  The information required by s. 719.616.
3481     (b)  A caveat that there are no express warranties unless
3482they are stated in writing by the developer.
3483     (16)  A summary of the restrictions, if any, to be imposed
3484on units concerning the use of any of the cooperative property,
3485including statements as to whether there are restrictions upon
3486children and pets, and reference to the volumes and pages of the
3487cooperative documents where such restrictions are found, or if
3488such restrictions are contained elsewhere, then a copy of the
3489documents containing the restrictions shall be attached as an
3490exhibit.
3491     (17)  If there is any land that is offered by the developer
3492for use by the unit owners and that is neither owned by them nor
3493leased to them, the association, or any entity controlled by
3494unit owners and other persons having the use rights to such
3495land, a statement shall be made as to how such land will serve
3496the cooperative. If any part of such land will serve the
3497cooperative, the statement shall describe the land and the
3498nature and term of service, and the cooperative documents or
3499other instrument creating such servitude shall be included as an
3500exhibit.
3501     (18)  The manner in which utility and other services,
3502including, but not limited to, sewage and waste disposal, water
3503supply, and storm drainage, will be provided and the person or
3504entity furnishing them.
3505     (19)  An explanation of the manner in which the
3506apportionment of common expenses and ownership of the common
3507areas have been determined.
3508     (20)  An estimated operating budget for the cooperative and
3509the association, and a schedule of the unit owner's expenses
3510shall be attached as an exhibit and shall contain the following
3511information:
3512     (a)  The estimated monthly and annual expenses of the
3513cooperative and the association that are collected from unit
3514owners by assessments.
3515     (b)  The estimated monthly and annual expenses of each unit
3516owner for a unit, other than assessments payable to the
3517association, payable by the unit owner to persons or entities
3518other than the association, and the total estimated monthly and
3519annual expense. There may be excluded from this estimate
3520expenses that are personal to unit owners, which are not
3521uniformly incurred by all unit owners, or which are not provided
3522for or contemplated by the cooperative documents, including, but
3523not limited to, the costs of private telephone; maintenance of
3524the interior of cooperative units, which is not the obligation
3525of the association; maid or janitorial services privately
3526contracted for by the unit owners; utility bills billed directly
3527to each unit owner for utility services to his or her unit;
3528insurance premiums other than those incurred for policies
3529obtained by the cooperative; and similar personal expenses of
3530the unit owner. A unit owner's estimated payments for
3531assessments shall also be stated in the estimated amounts for
3532the times when they will be due.
3533     (c)  The estimated items of expenses of the cooperative and
3534the association, except as excluded under paragraph (b),
3535including, but not limited to, the following items, which shall
3536be stated either as an association expense collectible by
3537assessments or as unit owners' expenses payable to persons other
3538than the association:
3539     1.  Expenses for the association and cooperative:
3540     a.  Administration of the association.
3541     b.  Management fees.
3542     c.  Maintenance.
3543     d.  Rent for recreational and other commonly used areas.
3544     e.  Taxes upon association property.
3545     f.  Taxes upon leased areas.
3546     g.  Insurance.
3547     h.  Security provisions.
3548     i.  Other expenses.
3549     j.  Operating capital.
3550     k.  Reserves.
3551     l.  Fee payable to the division.
3552     2.  Expenses for a unit owner:
3553     a.  Rent for the unit, if subject to a lease.
3554     b.  Rent payable by the unit owner directly to the lessor
3555or agent under any recreational lease or lease for the use of
3556commonly used areas, which use and payment are a mandatory
3557condition of ownership and are not included in the common
3558expense or assessments for common maintenance paid by the unit
3559owners to the association.
3560     (d)  The following statement in conspicuous type: THE
3561BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3562ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3563ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3564FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3565ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3566CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3567THE OFFERING.
3568     (e)  Each budget for an association prepared by a developer
3569consistent with this subsection shall be prepared in good faith
3570and shall reflect accurate estimated amounts for the required
3571items in paragraph (c) at the time of the filing of the offering
3572circular with the division, and subsequent increased amounts of
3573any item included in the association's estimated budget that are
3574beyond the control of the developer shall not be considered an
3575amendment that would give rise to rescission rights set forth in
3576s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3577or otherwise affect any guarantee of the developer contained in
3578the offering circular or any purchase contract. It is the intent
3579of this paragraph to clarify existing law.
3580     (f)  The estimated amounts shall be stated for a period of
3581at least 12 months and may distinguish between the period prior
3582to the time unit owners other than the developer elect a
3583majority of the board of administration and the period after
3584that date.
3585     (21)  A schedule of estimated closing expenses to be paid
3586by a buyer or lessee of a unit and a statement of whether title
3587opinion or title insurance policy is available to the buyer and,
3588if so, at whose expense.
3589     (22)  The identity of the developer and the chief operating
3590officer or principal directing the creation and sale of the
3591cooperative and a statement of its and his or her experience in
3592this field.
3593     (23)  Copies of the following, to the extent they are
3594applicable, shall be included as exhibits:
3595     (a)  The cooperative documents, or the proposed cooperative
3596documents if the documents have not been recorded.
3597     (b)  The articles of incorporation creating the
3598association.
3599     (c)  The bylaws of the association.
3600     (d)  The ground lease or other underlying lease of the
3601cooperative.
3602     (e)  The management agreement and all maintenance and other
3603contracts for management of the association and operation of the
3604cooperative and facilities used by the unit owners having a
3605service term in excess of 1 year.
3606     (f)  The estimated operating budget for the cooperative and
3607the required schedule of unit owners' expenses.
3608     (g)  A copy of the floor plan of the unit and the plot plan
3609showing the location of the residential buildings and the
3610recreation and other common areas.
3611     (h)  The lease of recreational and other facilities that
3612will be used only by unit owners of the subject cooperative.
3613     (i)  The lease of facilities used by owners and others.
3614     (j)  The form of unit lease, if the offer is of a
3615leasehold.
3616     (k)  A declaration of servitude of properties serving the
3617cooperative but not owned by unit owners or leased to them or
3618the association.
3619     (l)  The statement of condition of the existing building or
3620buildings, if the offering is of units in an operation being
3621converted to cooperative ownership.
3622     (m)  The statement of inspection for termite damage and
3623treatment of the existing improvements, if the cooperative is a
3624conversion.
3625     (n)  The form of agreement for sale or lease of units.
3626     (o)  A copy of the agreement for escrow of payments made to
3627the developer prior to closing.
3628     (p)  A copy of the documents containing any restrictions on
3629use of the property required by subsection (16).
3630     (24)  Any prospectus or offering circular complying with
3631the provisions of former ss. 711.69 and 711.802 may continue to
3632be used without amendment, or may be amended to comply with the
3633provisions of this chapter.
3634     (25)  A brief narrative description of the location and
3635effect of all existing and intended easements located or to be
3636located on the cooperative property other than those in the
3637declaration.
3638     (26)  If the developer is required by state or local
3639authorities to obtain acceptance or approval of any dock or
3640marina facility intended to serve the cooperative, a copy of
3641such acceptance or approval acquired by the time of filing with
3642the division pursuant to s. 719.502 or a statement that such
3643acceptance has not been acquired or received.
3644     (27)  Evidence demonstrating that the developer has an
3645ownership, leasehold, or contractual interest in the land upon
3646which the cooperative is to be developed.
3647     Section 60.  Section 719.508, Florida Statutes, is amended
3648to read:
3649     719.508  Regulation by Division of Hotels and
3650Restaurants.--In addition to the authority, regulation, or
3651control exercised by the Division of Florida Land Sales,
3652Condominiums, Timeshares, and Mobile Homes pursuant to this act
3653with respect to cooperatives, buildings included in a
3654cooperative property shall be subject to the authority,
3655regulation, or control of the Division of Hotels and Restaurants
3656of the Department of Business and Professional Regulation, to
3657the extent provided for in chapters 399 and 509.
3658     Section 61.  Paragraph (a) of subsection (2) of section
3659719.608, Florida Statutes, is amended to read:
3660     719.608  Notice of intended conversion; time of delivery;
3661content.--
3662     (2)(a)  Each notice of intended conversion shall be dated
3663and in writing. The notice shall contain the following
3664statement, with the phrases of the following statement which
3665appear in upper case printed in conspicuous type:
3666
3667     These apartments are being converted to cooperative by  
3668(name of developer)  , the developer.
3669     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3670YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3671AGREEMENT AS FOLLOWS:
3672     a.  If you have continuously been a resident of these
3673apartments during the last 180 days and your rental agreement
3674expires during the next 270 days, you may extend your rental
3675agreement for up to 270 days after the date of this notice.
3676     b.  If you have not been a continuous resident of these
3677apartments for the last 180 days and your rental agreement
3678expires during the next 180 days, you may extend your rental
3679agreement for up to 180 days after the date of this notice.
3680     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3681MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3682DATE OF THIS NOTICE.
3683     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3684you may extend your rental agreement for up to 45 days after the
3685date of this notice while you decide whether to extend your
3686rental agreement as explained above. To do so, you must notify
3687the developer in writing. You will then have the full 45 days to
3688decide whether to extend your rental agreement as explained
3689above.
3690     3.  During the extension of your rental agreement you will
3691be charged the same rent that you are now paying.
3692     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3693OF THE RENTAL AGREEMENT AS FOLLOWS:
3694     a.  If your rental agreement began or was extended or
3695renewed after May 1, 1980, and your rental agreement, including
3696extensions and renewals, has an unexpired term of 180 days or
3697less, you may cancel your rental agreement upon 30 days' written
3698notice and move. Also, upon 30 days' written notice, you may
3699cancel any extension of the rental agreement.
3700     b.  If your rental agreement was not begun or was not
3701extended or renewed after May 1, 1980, you may not cancel the
3702rental agreement without the consent of the developer. If your
3703rental agreement, including extensions and renewals, has an
3704unexpired term of 180 days or less, you may, however, upon 30
3705days' written notice cancel any extension of the rental
3706agreement.
3707     5.  All notices must be given in writing and sent by mail,
3708return receipt requested, or delivered in person to the
3709developer at this address:   (name and address of developer)  .
3710     6.  If you have continuously been a resident of these
3711apartments during the last 180 days:
3712     a.  You have the right to purchase your apartment and will
3713have 45 days to decide whether to purchase. If you do not buy
3714the unit at that price and the unit is later offered at a lower
3715price, you will have the opportunity to buy the unit at the
3716lower price. However, in all events your right to purchase the
3717unit ends when the rental agreement or any extension of the
3718rental agreement ends or when you waive this right in writing.
3719     b.  Within 90 days you will be provided purchase
3720information relating to your apartment, including the price of
3721your unit and the condition of the building. If you do not
3722receive this information within 90 days, your rental agreement
3723and any extension will be extended 1 day for each day over 90
3724days until you are given the purchase information. If you do not
3725want this rental agreement extension, you must notify the
3726developer in writing.
3727     7.  If you have any questions regarding this conversion or
3728the Cooperative Act, you may contact the developer or the state
3729agency which regulates cooperatives: The Division of Florida
3730Land Sales, Condominiums, Timeshares, and Mobile Homes,  
3731(Tallahassee address and telephone number of division)  .
3732     Section 62.  Subsection (7) of section 720.301, Florida
3733Statutes, is amended to read:
3734     720.301  Definitions.--As used in this chapter, the term:
3735     (7)  "Division" means the Division of Florida Land Sales,
3736Condominiums, Timeshares, and Mobile Homes in the Department of
3737Business and Professional Regulation.
3738     Section 63.  Subsection (2) of section 720.401, Florida
3739Statutes, is amended to read:
3740     720.401  Prospective purchasers subject to association
3741membership requirement; disclosure required; covenants;
3742assessments; contract cancellation.--
3743     (2)  This section does not apply to any association
3744regulated under chapter 718, chapter 719, chapter 721, or
3745chapter 723 or to a subdivider registered under chapter 498; and
3746also does not apply if disclosure regarding the association is
3747otherwise made in connection with the requirements of chapter
3748718, chapter 719, chapter 721, or chapter 723.
3749     Section 64.  Paragraph (c) of subsection (1) of section
3750721.03, Florida Statutes, is amended to read:
3751     721.03  Scope of chapter.--
3752     (1)  This chapter applies to all timeshare plans consisting
3753of more than seven timeshare periods over a period of at least 3
3754years in which the accommodations and facilities, if any, are
3755located within this state or offered within this state; provided
3756that:
3757     (c)  All timeshare accommodations or facilities which are
3758located outside the state but offered for sale in this state
3759shall be governed by the following:
3760     1.  The offering for sale in this state of timeshare
3761accommodations and facilities located outside the state is
3762subject only to the provisions of ss. 721.01-721.12, 721.18,
3763721.20, 721.21, 721.26, 721.28, and part II.
3764     2.  The division shall not require a developer of timeshare
3765accommodations or facilities located outside of this state to
3766make changes in any timeshare instrument to conform to the
3767provisions of s. 721.07 or s. 721.55. The division shall have
3768the power to require disclosure of those provisions of the
3769timeshare instrument that do not conform to s. 721.07 or s.
3770721.55 as the director determines is necessary to fairly,
3771meaningfully, and effectively disclose all aspects of the
3772timeshare plan.
3773     3.  Except as provided in this subparagraph, the division
3774shall have no authority to determine whether any person has
3775complied with another state's laws or to disapprove any filing
3776out-of-state, timeshare instrument, or component site document,
3777based solely upon the lack or degree of timeshare regulation in
3778another state. The division may require a developer to obtain
3779and provide to the division existing documentation relating to
3780an out-of-state filing, timeshare instrument, or component site
3781document and prove compliance of same with the laws of that
3782state. In this regard, the division may accept any evidence of
3783the approval or acceptance of any out-of-state filing, timeshare
3784instrument, or component site document by another state in lieu
3785of requiring a developer to file the out-of-state filing,
3786timeshare instrument, or component site document with the
3787division pursuant to this section, or the division may accept an
3788opinion letter from an attorney or law firm opining as to the
3789compliance of such out-of-state filing, timeshare instrument, or
3790component site document with the laws of another state. The
3791division may refuse to approve the inclusion of any out-of-state
3792filing, timeshare instrument, or component site document as part
3793of a public offering statement based upon the inability of the
3794developer to establish the compliance of same with the laws of
3795another state.
3796     4.  The division is authorized to enter into an agreement
3797with another state for the purpose of facilitating the
3798processing of out-of-state timeshare instruments or other
3799component site documents pursuant to this chapter and for the
3800purpose of facilitating the referral of consumer complaints to
3801the appropriate state.
3802     5.  Notwithstanding any other provision of this paragraph,
3803the offer, in this state, of an additional interest to existing
3804purchasers in the same timeshare plan, the same nonspecific
3805multisite timeshare plan, or the same component site of a
3806multisite timeshare plan with accommodations and facilities
3807located outside of this state shall not be subject to the
3808provisions of this chapter if the offer complies with the
3809provisions of s. 721.11(4).
3810     Section 65.  Subsection (11) of section 721.05, Florida
3811Statutes, is amended to read:
3812     721.05  Definitions.--As used in this chapter, the term:
3813     (11)  "Division" means the Division of Florida Land Sales,
3814Condominiums, Timeshares, and Mobile Homes of the Department of
3815Business and Professional Regulation.
3816     Section 66.  Paragraph (d) of subsection (2) of section
3817721.07, Florida Statutes, is amended to read:
3818     721.07  Public offering statement.--Prior to offering any
3819timeshare plan, the developer must submit a filed public
3820offering statement to the division for approval as prescribed by
3821s. 721.03, s. 721.55, or this section. Until the division
3822approves such filing, any contract regarding the sale of that
3823timeshare plan is subject to cancellation by the purchaser
3824pursuant to s. 721.10.
3825     (2)
3826     (d)  A developer shall have the authority to deliver to
3827purchasers any purchaser public offering statement that is not
3828yet approved by the division, provided that the following shall
3829apply:
3830     1.  At the time the developer delivers an unapproved
3831purchaser public offering statement to a purchaser pursuant to
3832this paragraph, the developer shall deliver a fully completed
3833and executed copy of the purchase contract required by s. 721.06
3834that contains the following statement in conspicuous type in
3835substantially the following form which shall replace the
3836statements required by s. 721.06(1)(g):
3837
3838The developer is delivering to you a public offering statement
3839that has been filed with but not yet approved by the Division of
3840Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3841Any revisions to the unapproved public offering statement you
3842have received must be delivered to you, but only if the
3843revisions materially alter or modify the offering in a manner
3844adverse to you. After the division approves the public offering
3845statement, you will receive notice of the approval from the
3846developer and the required revisions, if any.
3847
3848Your statutory right to cancel this transaction without any
3849penalty or obligation expires 10 calendar days after the date
3850you signed your purchase contract or the date on which you
3851receive the last of all documents required to be given to you
3852pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3853days after you receive revisions required to be delivered to
3854you, if any, whichever is later. If you decide to cancel this
3855contract, you must notify the seller in writing of your intent
3856to cancel. Your notice of cancellation shall be effective upon
3857the date sent and shall be sent to   (Name of Seller)   at  
3858(Address of Seller)  . Any attempt to obtain a waiver of your
3859cancellation right is void and of no effect. While you may
3860execute all closing documents in advance, the closing, as
3861evidenced by delivery of the deed or other document, before
3862expiration of your 10-day cancellation period, is prohibited.
3863
3864     2.  After receipt of approval from the division and prior
3865to closing, if any revisions made to the documents contained in
3866the purchaser public offering statement materially alter or
3867modify the offering in a manner adverse to a purchaser, the
3868developer shall send the purchaser such revisions together with
3869a notice containing a statement in conspicuous type in
3870substantially the following form:
3871
3872The unapproved public offering statement previously delivered to
3873you, together with the enclosed revisions, has been approved by
3874the Division of Florida Land Sales, Condominiums, Timeshares,
3875and Mobile Homes. Accordingly, your cancellation right expires
387610 calendar days after you sign your purchase contract or 10
3877calendar days after you receive these revisions, whichever is
3878later. If you have any questions regarding your cancellation
3879rights, you may contact the division at [insert division's
3880current address].
3881
3882     3.  After receipt of approval from the division and prior
3883to closing, if no revisions have been made to the documents
3884contained in the unapproved purchaser public offering statement,
3885or if such revisions do not materially alter or modify the
3886offering in a manner adverse to a purchaser, the developer shall
3887send the purchaser a notice containing a statement in
3888conspicuous type in substantially the following form:
3889
3890The unapproved public offering statement previously delivered to
3891you has been approved by the Division of Florida Land Sales,
3892Condominiums, Timeshares, and Mobile Homes. Revisions made to
3893the unapproved public offering statement, if any, are either not
3894required to be delivered to you or are not deemed by the
3895developer, in its opinion, to materially alter or modify the
3896offering in a manner that is adverse to you. Accordingly, your
3897cancellation right expired 10 days after you signed your
3898purchase contract. A complete copy of the approved public
3899offering statement is available through the managing entity for
3900inspection as part of the books and records of the plan. If you
3901have any questions regarding your cancellation rights, you may
3902contact the division at [insert division's current address].
3903     Section 67.  Subsection (8) of section 721.08, Florida
3904Statutes, is amended to read:
3905     721.08  Escrow accounts; nondisturbance instruments;
3906alternate security arrangements; transfer of legal title.--
3907     (8)  An escrow agent holding escrowed funds pursuant to
3908this chapter that have not been claimed for a period of 5 years
3909after the date of deposit shall make at least one reasonable
3910attempt to deliver such unclaimed funds to the purchaser who
3911submitted such funds to escrow. In making such attempt, an
3912escrow agent is entitled to rely on a purchaser's last known
3913address as set forth in the books and records of the escrow
3914agent and is not required to conduct any further search for the
3915purchaser. If an escrow agent's attempt to deliver unclaimed
3916funds to any purchaser is unsuccessful, the escrow agent may
3917deliver such unclaimed funds to the division and the division
3918shall deposit such unclaimed funds in the Division of Florida
3919Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3920Fund, 30 days after giving notice in a publication of general
3921circulation in the county in which the timeshare property
3922containing the purchaser's timeshare interest is located. The
3923purchaser may claim the same at any time prior to the delivery
3924of such funds to the division. After delivery of such funds to
3925the division, the purchaser shall have no more rights to the
3926unclaimed funds. The escrow agent shall not be liable for any
3927claims from any party arising out of the escrow agent's delivery
3928of the unclaimed funds to the division pursuant to this section.
3929     Section 68.  Section 721.26, Florida Statutes, is amended
3930to read:
3931     721.26  Regulation by division.--The division has the power
3932to enforce and ensure compliance with the provisions of this
3933chapter, except for parts III and IV, using the powers provided
3934in this chapter, as well as the powers prescribed in chapters
3935498, 718, and 719. In performing its duties, the division shall
3936have the following powers and duties:
3937     (1)  To aid in the enforcement of this chapter, or any
3938division rule adopted or order promulgated or issued pursuant to
3939this chapter, the division may make necessary public or private
3940investigations within or outside this state to determine whether
3941any person has violated or is about to violate this chapter, or
3942any division rule adopted or order promulgated or issued
3943pursuant to this chapter.
3944     (2)  The division may require or permit any person to file
3945a written statement under oath or otherwise, as the division
3946determines, as to the facts and circumstances concerning a
3947matter under investigation.
3948     (3)  For the purpose of any investigation under this
3949chapter, the director of the division or any officer or employee
3950designated by the director may administer oaths or affirmations,
3951subpoena witnesses and compel their attendance, take evidence,
3952and require the production of any matter which is relevant to
3953the investigation, including the identity, existence,
3954description, nature, custody, condition, and location of any
3955books, documents, or other tangible things and the identity and
3956location of persons having knowledge of relevant facts or any
3957other matter reasonably calculated to lead to the discovery of
3958material evidence. Failure to obey a subpoena or to answer
3959questions propounded by the investigating officer and upon
3960reasonable notice to all persons affected thereby shall be a
3961violation of this chapter. In addition to the other enforcement
3962powers authorized in this subsection, the division may, at its
3963discretion, apply to the circuit court for an order compelling
3964compliance.
3965     (4)  The division may prepare and disseminate a prospectus
3966and other information to assist prospective purchasers, sellers,
3967and managing entities of timeshare plans in assessing the
3968rights, privileges, and duties pertaining thereto.
3969     (5)  Notwithstanding any remedies available to purchasers,
3970if the division has reasonable cause to believe that a violation
3971of this chapter, or of any division rule adopted or order
3972promulgated or issued pursuant to this chapter, has occurred,
3973the division may institute enforcement proceedings in its own
3974name against any regulated party, as such term is defined in
3975this subsection:
3976     (a)1.  "Regulated party," for purposes of this section,
3977means any developer, exchange company, seller, managing entity,
3978owners' association, owners' association director, owners'
3979association officer, manager, management firm, escrow agent,
3980trustee, any respective assignees or agents, or any other person
3981having duties or obligations pursuant to this chapter.
3982     2.  Any person who materially participates in any offer or
3983disposition of any interest in, or the management or operation
3984of, a timeshare plan in violation of this chapter or relevant
3985rules involving fraud, deception, false pretenses,
3986misrepresentation, or false advertising or the disbursement,
3987concealment, or diversion of any funds or assets, which conduct
3988adversely affects the interests of a purchaser, and which person
3989directly or indirectly controls a regulated party or is a
3990general partner, officer, director, agent, or employee of such
3991regulated party, shall be jointly and severally liable under
3992this subsection with such regulated party, unless such person
3993did not know, and in the exercise of reasonable care could not
3994have known, of the existence of the facts giving rise to the
3995violation of this chapter. A right of contribution shall exist
3996among jointly and severally liable persons pursuant to this
3997paragraph.
3998     (b)  The division may permit any person whose conduct or
3999actions may be under investigation to waive formal proceedings
4000and enter into a consent proceeding whereby an order, rule, or
4001letter of censure or warning, whether formal or informal, may be
4002entered against that person.
4003     (c)  The division may issue an order requiring a regulated
4004party to cease and desist from an unlawful practice under this
4005chapter and take such affirmative action as in the judgment of
4006the division will carry out the purposes of this chapter.
4007     (d)1.  The division may bring an action in circuit court
4008for declaratory or injunctive relief or for other appropriate
4009relief, including restitution.
4010     2.  The division shall have broad authority and discretion
4011to petition the circuit court to appoint a receiver with respect
4012to any managing entity which fails to perform its duties and
4013obligations under this chapter with respect to the operation of
4014a timeshare plan. The circumstances giving rise to an
4015appropriate petition for receivership under this subparagraph
4016include, but are not limited to:
4017     a.  Damage to or destruction of any of the accommodations
4018or facilities of a timeshare plan, where the managing entity has
4019failed to repair or reconstruct same.
4020     b.  A breach of fiduciary duty by the managing entity,
4021including, but not limited to, undisclosed self-dealing or
4022failure to timely assess, collect, or disburse the common
4023expenses of the timeshare plan.
4024     c.  Failure of the managing entity to operate the timeshare
4025plan in accordance with the timeshare instrument and this
4026chapter.
4027
4028If, under the circumstances, it appears that the events giving
4029rise to the petition for receivership cannot be reasonably and
4030timely corrected in a cost-effective manner consistent with the
4031timeshare instrument, the receiver may petition the circuit
4032court to implement such amendments or revisions to the timeshare
4033instrument as may be necessary to enable the managing entity to
4034resume effective operation of the timeshare plan, or to enter an
4035order terminating the timeshare plan, or to enter such further
4036orders regarding the disposition of the timeshare property as
4037the court deems appropriate, including the disposition and sale
4038of the timeshare property held by the owners' association or the
4039purchasers. In the event of a receiver's sale, all rights,
4040title, and interest held by the owners' association or any
4041purchaser shall be extinguished and title shall vest in the
4042buyer. This provision applies to timeshare estates, personal
4043property timeshare interests, and timeshare licenses. All
4044reasonable costs and fees of the receiver relating to the
4045receivership shall become common expenses of the timeshare plan
4046upon order of the court.
4047     3.  The division may revoke its approval of any filing for
4048any timeshare plan for which a petition for receivership has
4049been filed pursuant to this paragraph.
4050     (e)1.  The division may impose a penalty against any
4051regulated party for a violation of this chapter or any rule
4052adopted thereunder. A penalty may be imposed on the basis of
4053each day of continuing violation, but in no event may the
4054penalty for any offense exceed $10,000. All accounts collected
4055shall be deposited with the Chief Financial Officer to the
4056credit of the Division of Florida Land Sales, Condominiums,
4057Timeshares, and Mobile Homes Trust Fund.
4058     2.a.  If a regulated party fails to pay a penalty, the
4059division shall thereupon issue an order directing that such
4060regulated party cease and desist from further operation until
4061such time as the penalty is paid; or the division may pursue
4062enforcement of the penalty in a court of competent jurisdiction.
4063     b.  If an owners' association or managing entity fails to
4064pay a civil penalty, the division may pursue enforcement in a
4065court of competent jurisdiction.
4066     (f)  In order to permit the regulated party an opportunity
4067either to appeal such decision administratively or to seek
4068relief in a court of competent jurisdiction, the order imposing
4069the penalty or the cease and desist order shall not become
4070effective until 20 days after the date of such order.
4071     (g)  Any action commenced by the division shall be brought
4072in the county in which the division has its executive offices or
4073in the county where the violation occurred.
4074     (h)  Notice to any regulated party shall be complete when
4075delivered by United States mail, return receipt requested, to
4076the party's address currently on file with the division or to
4077such other address at which the division is able to locate the
4078party. Every regulated party has an affirmative duty to notify
4079the division of any change of address at least 5 business days
4080prior to such change.
4081     (6)  The division has authority to adopt rules pursuant to
4082ss. 120.536(1) and 120.54 to implement and enforce the
4083provisions of this chapter.
4084     (7)(a)  The use of any unfair or deceptive act or practice
4085by any person in connection with the sales or other operations
4086of an exchange program or timeshare plan is a violation of this
4087chapter.
4088     (b)  Any violation of the Florida Deceptive and Unfair
4089Trade Practices Act, ss. 501.201 et seq., relating to the
4090creation, promotion, sale, operation, or management of any
4091timeshare plan shall also be a violation of this chapter.
4092     (c)  The division may is authorized to institute
4093proceedings against any such person and take any appropriate
4094action authorized in this section in connection therewith,
4095notwithstanding any remedies available to purchasers.
4096     (8)  The failure of any person to comply with any order of
4097the division is a violation of this chapter.
4098     Section 69.  Section 721.28, Florida Statutes, is amended
4099to read:
4100     721.28  Division of Florida Land Sales, Condominiums,
4101Timeshares, and Mobile Homes Trust Fund.--All funds collected by
4102the division and any amounts paid as fees or penalties under
4103this chapter shall be deposited in the State Treasury to the
4104credit of the Division of Florida Land Sales, Condominiums,
4105Timeshares, and Mobile Homes Trust Fund created by s. 718.509
4106498.019.
4107     Section 70.  Paragraph (c) of subsection (1) of section
4108721.301, Florida Statutes, is amended to read:
4109     721.301  Florida Timesharing, Vacation Club, and
4110Hospitality Program.--
4111     (1)
4112     (c)  The director may designate funds from the Division of
4113Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
4114Trust Fund, not to exceed $50,000 annually, to support the
4115projects and proposals undertaken pursuant to paragraph (b). All
4116state trust funds to be expended pursuant to this section must
4117be matched equally with private moneys and shall comprise no
4118more than half of the total moneys expended annually.
4119     Section 71.  Section 721.50, Florida Statutes, is amended
4120to read:
4121     721.50  Short title.--This part may be cited as the
4122"McAllister Act" in recognition and appreciation for the years
4123of extraordinary and insightful contributions by Mr. Bryan C.
4124McAllister, Examinations Supervisor of the former, Division of
4125Florida Land Sales, Condominiums, and Mobile Homes.
4126     Section 72.  Subsection (1) of section 723.003, Florida
4127Statutes, is amended to read:
4128     723.003  Definitions.--As used in this chapter, the
4129following words and terms have the following meanings unless
4130clearly indicated otherwise:
4131     (1)  The term "division" means the Division of Florida Land
4132Sales, Condominiums, Timeshares, and Mobile Homes of the
4133Department of Business and Professional Regulation.
4134     Section 73.  Paragraph (e) of subsection (5) of section
4135723.006, Florida Statutes, is amended to read:
4136     723.006  Powers and duties of division.--In performing its
4137duties, the division has the following powers and duties:
4138     (5)  Notwithstanding any remedies available to mobile home
4139owners, mobile home park owners, and homeowners' associations,
4140if the division has reasonable cause to believe that a violation
4141of any provision of this chapter or related any rule promulgated
4142pursuant hereto has occurred, the division may institute
4143enforcement proceedings in its own name against a developer,
4144mobile home park owner, or homeowners' association, or its
4145assignee or agent, as follows:
4146     (e)1.  The division may impose a civil penalty against a
4147mobile home park owner or homeowners' association, or its
4148assignee or agent, for any violation of this chapter, a properly
4149adopted promulgated park rule or regulation, or a rule adopted
4150or regulation promulgated pursuant hereto. A penalty may be
4151imposed on the basis of each separate violation and, if the
4152violation is a continuing one, for each day of continuing
4153violation, but in no event may the penalty for each separate
4154violation or for each day of continuing violation exceed $5,000.
4155All amounts collected shall be deposited with the Chief
4156Financial Officer to the credit of the Division of Florida Land
4157Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
4158     2.  If a violator fails to pay the civil penalty, the
4159division shall thereupon issue an order directing that such
4160violator cease and desist from further violation until such time
4161as the civil penalty is paid or may pursue enforcement of the
4162penalty in a court of competent jurisdiction. If a homeowners'
4163association fails to pay the civil penalty, the division shall
4164thereupon pursue enforcement in a court of competent
4165jurisdiction, and the order imposing the civil penalty or the
4166cease and desist order shall not become effective until 20 days
4167after the date of such order. Any action commenced by the
4168division shall be brought in the county in which the division
4169has its executive offices or in which the violation occurred.
4170     Section 74.  Section 723.009, Florida Statutes, is amended
4171to read:
4172     723.009  Division of Florida Land Sales, Condominiums,
4173Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4174fees, penalties, and fines imposed pursuant to this chapter
4175shall be deposited into the Division of Florida Land Sales,
4176Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4177s. 718.509 498.019. Moneys in this fund, as appropriated by the
4178Legislature pursuant to chapter 216, may be used to defray the
4179expenses incurred by the division in administering the
4180provisions of this chapter.
4181     Section 75.  Paragraph (c) of subsection (2) of section
4182723.0611, Florida Statutes, is amended to read:
4183     723.0611  Florida Mobile Home Relocation Corporation.--
4184     (2)
4185     (c)  The corporation shall, for purposes of s. 768.28, be
4186considered an agency of the state. Agents or employees of the
4187corporation, members of the board of directors of the
4188corporation, or representatives of the Division of Florida Land
4189Sales, Condominiums, Timeshares, and Mobile Homes shall be
4190considered officers, employees, or agents of the state, and
4191actions against them and the corporation shall be governed by s.
4192768.28.
4193     Section 76.  Except as otherwise expressly provided in this
4194act, this act shall take effect July 1, 2008.


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