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023651
 ((LATE FILED FOR: 4/21/2008 2:00:00 PM))Amendment
Bill No. CS/CS/HB 601
Amendment No. 023651
CHAMBER ACTION
Senate House
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1Representative Bogdanoff offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Subsection (11) of section 718.111, Florida
6Statutes, is amended to read:
7     718.111  The association.--
8     (11)  INSURANCE.--In order to protect the safety, health,
9and welfare of the people of the State of Florida and to ensure
10consistency in the provision of insurance coverage to
11condominiums and their unit owners, this subsection applies
12paragraphs (a), (b), and (c) are deemed to apply to every
13residential condominium in the state, regardless of the date of
14its declaration of condominium. It is the intent of the
15Legislature to encourage lower or stable insurance premiums for
16associations described in this subsection section.
17     (a)  Adequate hazard insurance, regardless of any
18requirement in the declaration of condominium for coverage by
19the association for full insurable value, replacement cost, or
20similar coverage, shall be based upon the replacement cost of
21the property to be insured as determined by an independent
22insurance appraisal or update of a prior appraisal. The full
23insurable value shall be determined at least once every 36
24months.
25     1.  An association or group of associations may provide
26adequate hazard insurance through a self-insurance fund that
27complies with the requirements of ss. 624.460-624.488.
28     2.  The association may also provide adequate hazard
29insurance coverage individually or for a group of no fewer than
30three communities created and operating under this chapter,
31chapter 719, chapter 720, or chapter 721 by obtaining and
32maintaining for such communities insurance coverage sufficient
33to cover an amount equal to the probable maximum loss for the
34communities for a 250-year windstorm event. Such probable
35maximum loss must be determined through the use of a competent
36model that has been accepted by the Florida Commission on
37Hurricane Loss Projection Methodology. No policy or program
38providing such coverage shall be issued or renewed after July 1,
392008, unless it has been reviewed and approved by the Office of
40Insurance Regulation.  The review and approval shall include
41approval of the policy and related forms pursuant to ss. 627.410
42and 627.411, approval of the rates pursuant to s. 627.062, a
43determination that the loss model approved by the Commission was
44accurately and appropriately applied to the insured structures
45to determine the 250-year probable maximum loss, and a
46determination that complete and  accurate disclosure of all
47material provisions is provided to condominium unit owners prior
48to execution of the agreement by a condominium association.
49     3.  When determining the adequate amount of hazard
50insurance coverage, the association may consider deductibles as
51determined by this subsection.
52     (b)  If an association is a developer-controlled
53association, the association shall exercise its best efforts to
54obtain and maintain insurance as described in paragraph (a).
55Failure to obtain and maintain adequate hazard insurance during
56any period of developer control constitutes a breach of
57fiduciary responsibility by the developer-appointed members of
58the board of directors of the association, unless the members
59can show that despite such failure, they have made their best
60efforts to maintain the required coverage.
61     (c)  Policies may include deductibles as determined by the
62board.
63     1.  The deductibles shall be consistent with industry
64standards and prevailing practice for communities of similar
65size and age, and having similar construction and facilities in
66the locale where the condominium property is situated.
67     2.  The deductibles may be based upon available funds,
68including reserve accounts, or predetermined assessment
69authority at the time the insurance is obtained.
70     3.  The board shall establish the amount of deductibles
71based upon the level of available funds and predetermined
72assessment authority at a meeting of the board. Such meeting
73shall be open to all unit owners in the manner set forth in s.
74718.112(2)(e). The notice of such meeting must state the
75proposed deductible and the available funds and the assessment
76authority relied upon by the board and estimate any potential
77assessment amount against each unit, if any. The meeting
78described in this paragraph may be held in conjunction with a
79meeting to consider the proposed budget or an amendment thereto.
80     (d)  An association controlled by unit owners operating as
81a residential condominium shall use its best efforts to obtain
82and maintain adequate insurance to protect the association, the
83association property, the common elements, and the condominium
84property that is required to be insured by the association
85pursuant to this subsection.
86     (e)  The declaration of condominium as originally recorded,
87or as amended pursuant to procedures provided therein, may
88provide that condominium property consisting of freestanding
89buildings comprised of no more than one building in or on such
90unit need not be insured by the association if the declaration
91requires the unit owner to obtain adequate insurance for the
92condominium property. An association may also obtain and
93maintain liability insurance for directors and officers,
94insurance for the benefit of association employees, and flood
95insurance for common elements, association property, and units.
96     (f)  Every hazard insurance policy issued or renewed on or
97after January 1, 2009, for the purpose of protecting the
98condominium shall provide primary coverage for:
99     1.  All portions of the condominium property as originally
100installed or replacement of like kind and quality, in accordance
101with the original plans and specifications.
102     2.  All alterations or additions made to the condominium
103property or association property pursuant to s. 718.113(2).
104     3.  The coverage shall exclude all personal property within
105the unit or limited common elements, and floor, wall, and
106ceiling coverings, electrical fixtures, appliances, water
107heaters, water filters, built-in cabinets and countertops, and
108window treatments, including curtains, drapes, blinds, hardware,
109and similar window treatment components, or replacements of any
110of the foregoing.
111     (g)  Every hazard insurance policy issued or renewed on or
112after January 1, 2009, to an individual unit owner must contain
113a provision stating that the coverage afforded by such policy is
114excess coverage over the amount recoverable under any other
115policy covering the same property. Such policies must include
116special assessment coverage of no less than $2,000 per
117occurrence. An insurance policy issued to an individual unit
118owner providing such coverage does not provide rights of
119subrogation against the condominium association operating the
120condominium in which such individual's unit is located.
121     1.  All improvements or additions to the condominium
122property that benefit fewer than all unit owners shall be
123insured by the unit owner or owners having the use thereof, or
124may be insured by the association at the cost and expense of the
125unit owners having the use thereof.
126     2.  The association shall require each owner to provide
127evidence of a currently effective policy of hazard and liability
128insurance upon request, but not more than once per year. Upon
129the failure of an owner to provide a certificate of insurance
130issued by an insurer approved to write such insurance in this
131state within 30 days after the date on which a written request
132is delivered, the association may purchase a policy of insurance
133on behalf of an owner. The cost of such a policy, together with
134reconstruction costs undertaken by the association but which are
135the responsibility of the unit owner, may be collected in the
136manner provided for the collection of assessments in s. 718.116.
137     3.  All reconstruction work after a casualty loss shall be
138undertaken by the association except as otherwise authorized in
139this section. A unit owner may undertake reconstruction work on
140portions of the unit with the prior written consent of the board
141of administration. However, such work may be conditioned upon
142the approval of the repair methods, the qualifications of the
143proposed contractor, or the contract that is used for that
144purpose. A unit owner shall obtain all required governmental
145permits and approvals prior to commencing reconstruction.
146     4.  Unit owners are responsible for the cost of
147reconstruction of any portions of the condominium property for
148which the unit owner is required to carry casualty insurance,
149and any such reconstruction work undertaken by the association
150shall be chargeable to the unit owner and enforceable as an
151assessment pursuant to s. 718.116. The association must be an
152additional named insured and loss payee on all casualty
153insurance policies issued to unit owners in the condominium
154operated by the association.
155     5.  A multicondominium association may elect, by a majority
156vote of the collective members of the condominiums operated by
157the association, to operate such condominiums as a single
158condominium for purposes of insurance matters, including, but
159not limited to, the purchase of the hazard insurance required by
160this section and the apportionment of deductibles and damages in
161excess of coverage. The election to aggregate the treatment of
162insurance premiums, deductibles, and excess damages constitutes
163an amendment to the declaration of all condominiums operated by
164the association, and the costs of insurance shall be stated in
165the association budget. The amendments shall be recorded as
166required by s. 718.110.
167     (h)  The association shall maintain insurance or fidelity
168bonding of all persons who control or disburse funds of the
169association. The insurance policy or fidelity bond must cover
170the maximum funds that will be in the custody of the association
171or its management agent at any one time. As used in this
172paragraph, the term "persons who control or disburse funds of
173the association" includes, but is not limited to, those
174individuals authorized to sign checks on behalf of the
175association, and the president, secretary, and treasurer of the
176association. The association shall bear the cost of any such
177bonding.
178     (i)  The association may amend the declaration of
179condominium without regard to any requirement for approval by
180mortgagees of amendments affecting insurance requirements for
181the purpose of conforming the declaration of condominium to the
182coverage requirements of this subsection.
183     (j)  Any portion of the condominium property required to be
184insured by the association against casualty loss pursuant to
185paragraph (f) which is damaged by casualty shall be
186reconstructed, repaired, or replaced as necessary by the
187association as a common expense. All hazard insurance
188deductibles, uninsured losses, and other damages in excess of
189hazard insurance coverage under the hazard insurance policies
190maintained by the association are a common expense of the
191condominium, except that:
192     1.  A unit owner is responsible for the costs of repair or
193replacement of any portion of the condominium property not paid
194by insurance proceeds, if such damage is caused by intentional
195conduct, negligence, or failure to comply with the terms of the
196declaration or the rules of the association by a unit owner, the
197members of his or her family, unit occupants, tenants, guests,
198or invitees, without compromise of the subrogation rights of any
199insurer as set forth in paragraph (g).
200     2.  The provisions of subparagraph 1. regarding the
201financial responsibility of a unit owner for the costs of
202repairing or replacing other portions of the condominium
203property also applies to the costs of repair or replacement of
204personal property of other unit owners or the association, as
205well as other property, whether real or personal, which the unit
206owners are required to insure under paragraph (g).
207     3.  To the extent the cost of repair or reconstruction for
208which the unit owner is responsible under this paragraph is
209reimbursed to the association by insurance proceeds, and, to the
210extent the association has collected the cost of such repair or
211reconstruction from the unit owner, the association shall
212reimburse the unit owner without the waiver of any rights of
213subrogation.
214     4.  The association is not obligated to pay for repair or
215reconstruction or repairs of casualty losses as a common expense
216if the casualty losses were known or should have been known to a
217unit owner and were not reported to the association until after
218the insurance claim of the association for that casualty was
219settled or resolved with finality, or denied on the basis that
220it was untimely filed.
221     (k)  An association may, upon the approval of a majority of
222the total voting interests in the association, opt out of the
223provisions of paragraph (j) for the allocation of repair or
224reconstruction expenses and allocate repair or reconstruction
225expenses in the manner provided in the declaration as originally
226recorded or as amended. Such vote may be approved by the voting
227interests of the association without regard to any mortgagee
228consent requirements.
229     (l)  In a multicondominium association that has not
230consolidated its financial operations under s. 718.111(6), any
231condominium operated by the association may opt out of the
232provisions of paragraph (j) with the approval of a majority of
233the total voting interests in that condominium. Such vote may be
234approved by the voting interests without regard to any mortgagee
235consent requirements.
236     (m)  Any association or condominium voting to opt out of
237the guidelines for repair or reconstruction expenses as
238described in paragraph (j) must record a notice setting forth
239the date of the opt-out vote and the page of the official
240records book on which the declaration is recorded. The decision
241to opt out is effective upon the date of recording of the notice
242in the public records by the association. An association that
243has voted to opt out of paragraph (j) may reverse that decision
244by the same vote required in paragraphs (k) and (l), and notice
245thereof shall be recorded in the official records.
246     (n)  The association is not obligated to pay for any
247reconstruction or repair expenses due to casualty loss to any
248improvements installed by a current or former owner of the unit
249or by the developer if the improvement benefits only the unit
250for which it was installed and is not part of the standard
251improvements installed by the developer on all units as part of
252original construction, whether or not such improvement is
253located within the unit. This paragraph does not relieve any
254party of its obligations regarding recovery due under any
255insurance implemented specifically for any such improvements.
256     (o)  The provisions of this subsection shall not apply to
257timeshare condominium associations.  Insurance for timeshare
258condominium associations shall be maintained pursuant to s.
259721.165. Therefore, the Legislature requires a report to be
260prepared by the Office of Insurance Regulation of the Department
261of Financial Services for publication 18 months from the
262effective date of this act, evaluating premium increases or
263decreases for associations, unit owner premium increases or
264decreases, recommended changes to better define common areas, or
265any other information the Office of Insurance Regulation deems
266appropriate.
267     (a)  A unit-owner controlled association operating a
268residential condominium shall use its best efforts to obtain and
269maintain adequate insurance to protect the association, the
270association property, the common elements, and the condominium
271property required to be insured by the association pursuant to
272paragraph (b). If the association is developer controlled, the
273association shall exercise due diligence to obtain and maintain
274such insurance. Failure to obtain and maintain adequate
275insurance during any period of developer control shall
276constitute a breach of fiduciary responsibility by the
277developer-appointed members of the board of directors of the
278association, unless said members can show that despite such
279failure, they have exercised due diligence. The declaration of
280condominium as originally recorded, or amended pursuant to
281procedures provided therein, may require that condominium
282property consisting of freestanding buildings where there is no
283more than one building in or on such unit need not be insured by
284the association if the declaration requires the unit owner to
285obtain adequate insurance for the condominium property. An
286association may also obtain and maintain liability insurance for
287directors and officers, insurance for the benefit of association
288employees, and flood insurance for common elements, association
289property, and units. Adequate insurance, regardless of any
290requirement in the declaration of condominium for coverage by
291the association for "full insurable value," "replacement cost,"
292or the like, may include reasonable deductibles as determined by
293the board based upon available funds or predetermined assessment
294authority at the time that the insurance is obtained.
295     1.  Windstorm insurance coverage for a group of no fewer
296than three communities created and operating under this chapter,
297chapter 719, chapter 720, or chapter 721 may be obtained and
298maintained for the communities if the insurance coverage is
299sufficient to cover an amount equal to the probable maximum loss
300for the communities for a 250-year windstorm event. Such
301probable maximum loss must be determined through the use of a
302competent model that has been accepted by the Florida Commission
303on Hurricane Loss Projection Methodology. Such insurance
304coverage is deemed adequate windstorm insurance for the purposes
305of this section.
306     2.  An association or group of associations may self-insure
307against claims against the association, the association
308property, and the condominium property required to be insured by
309an association, upon compliance with the applicable provisions
310of ss. 624.460-624.488, which shall be considered adequate
311insurance for the purposes of this section. A copy of each
312policy of insurance in effect shall be made available for
313inspection by unit owners at reasonable times.
314     (b)  Every hazard insurance policy issued or renewed on or
315after January 1, 2004, to protect the condominium shall provide
316primary coverage for:
317     1.  All portions of the condominium property located
318outside the units;
319     2.  The condominium property located inside the units as
320such property was initially installed, or replacements thereof
321of like kind and quality and in accordance with the original
322plans and specifications or, if the original plans and
323specifications are not available, as they existed at the time
324the unit was initially conveyed; and
325     3.  All portions of the condominium property for which the
326declaration of condominium requires coverage by the association.
327
328Anything to the contrary notwithstanding, the terms "condominium
329property," "building," "improvements," "insurable improvements,"
330"common elements," "association property," or any other term
331found in the declaration of condominium which defines the scope
332of property or casualty insurance that a condominium association
333must obtain shall exclude all floor, wall, and ceiling
334coverings, electrical fixtures, appliances, air conditioner or
335heating equipment, water heaters, water filters, built-in
336cabinets and countertops, and window treatments, including
337curtains, drapes, blinds, hardware, and similar window treatment
338components, or replacements of any of the foregoing which are
339located within the boundaries of a unit and serve only one unit
340and all air conditioning compressors that service only an
341individual unit, whether or not located within the unit
342boundaries. The foregoing is intended to establish the property
343or casualty insuring responsibilities of the association and
344those of the individual unit owner and do not serve to broaden
345or extend the perils of coverage afforded by any insurance
346contract provided to the individual unit owner. Beginning
347January 1, 2004, the association shall have the authority to
348amend the declaration of condominium, without regard to any
349requirement for mortgagee approval of amendments affecting
350insurance requirements, to conform the declaration of
351condominium to the coverage requirements of this section.
352     (c)  Every hazard insurance policy issued or renewed on or
353after January 1, 2004, to an individual unit owner shall provide
354that the coverage afforded by such policy is excess over the
355amount recoverable under any other policy covering the same
356property. Each insurance policy issued to an individual unit
357owner providing such coverage shall be without rights of
358subrogation against the condominium association that operates
359the condominium in which such unit owner's unit is located. All
360real or personal property located within the boundaries of the
361unit owner's unit which is excluded from the coverage to be
362provided by the association as set forth in paragraph (b) shall
363be insured by the individual unit owner.
364     (d)  The association shall obtain and maintain adequate
365insurance or fidelity bonding of all persons who control or
366disburse funds of the association. The insurance policy or
367fidelity bond must cover the maximum funds that will be in the
368custody of the association or its management agent at any one
369time. As used in this paragraph, the term "persons who control
370or disburse funds of the association" includes, but is not
371limited to, those individuals authorized to sign checks and the
372president, secretary, and treasurer of the association. The
373association shall bear the cost of bonding.
374     Section 2.  Paragraph (a) of subsection (1) of section
375718.115, Florida Statutes, is amended to read:
376     718.115  Common expenses and common surplus.--
377     (1)(a)  Common expenses include the expenses of the
378operation, maintenance, repair, replacement, or protection of
379the common elements and association property, costs of carrying
380out the powers and duties of the association, and any other
381expense, whether or not included in the foregoing, designated as
382common expense by this chapter, the declaration, the documents
383creating the association, or the bylaws. Common expenses also
384include reasonable transportation services, insurance for
385directors and officers, road maintenance and operation expenses,
386in-house communications, and security services, which are
387reasonably related to the general benefit of the unit owners
388even if such expenses do not attach to the common elements or
389property of the condominium. However, such common expenses must
390either have been services or items provided on or after the date
391control of the association is transferred from the developer to
392the unit owners or must be services or items provided for in the
393condominium documents or bylaws. Unless the manner of payment or
394allocation of expenses is otherwise addressed in the declaration
395of condominium, the expenses of any items or services required
396by any federal, state, or local governmental entity to be
397installed, maintained, or supplied to the condominium property
398by the association, including, but not limited to, fire safety
399equipment or water and sewer service where a master meter serves
400the condominium, shall be common expenses whether or not such
401items or services are specifically identified as common expenses
402in the declaration of condominium, articles of incorporation, or
403bylaws of the association.
404     Section 3.  Subsection (8) of section 718.116, Florida
405Statutes, is amended to read:
406     718.116  Assessments; liability; lien and priority;
407interest; collection.--
408     (8)  Within 15 days after receiving a written request
409therefor from a unit owner or his or her designee purchaser, or  
410a unit mortgagee or his or her designee, the association shall
411provide a certificate signed by an officer or agent of the
412association stating all assessments and other moneys owed to the
413association by the unit owner with respect to the condominium
414parcel.
415     (a)  Any person other than the owner who relies upon such
416certificate shall be protected thereby.
417     (b)  A summary proceeding pursuant to s. 51.011 may be
418brought to compel compliance with this subsection, and in any
419such action the prevailing party is entitled to recover
420reasonable attorney's fees.
421     (c)  Notwithstanding any limitation on transfer fees
422contained in s. 718.112(2)(i), the association or its authorized
423agent may charge a reasonable fee for the preparation of the
424certificate. The amount of the fee must be included on the
425certificate.
426     (d)  The authority to charge a fee for the certificate
427shall be established by a written resolution adopted by the
428board or provided by a written management, bookkeeping, or
429maintenance contract and is payable upon the preparation of the
430certificate. If the certificate is requested in conjunction with
431the sale or mortgage of a unit but the closing does not occur
432and no later than 30 days after the closing date for which the
433certificate was sought the preparer receives a written request,
434accompanied by reasonable documentation, that the sale did not
435occur from a payer that is not the unit owner, the fee shall be
436refunded to that payer within 30 days after receipt of the
437request. The refund is the obligation of the unit owner, and the
438association may collect it from that owner in the same manner as
439an assessment as provided in this section.
440     Section 4.  Paragraph (c) of subsection (17) of section
441718.117, Florida Statutes, is amended to read:
442     718.117  Termination of condominium.--
443     (17)  DISTRIBUTION.--
444     (c)  The proceeds from any sale of condominium property or
445association property and any remaining condominium property or
446association property, common surplus, and other assets shall be
447distributed in the following priority:
448     1.  To pay the reasonable termination trustee's fees and
449costs and accounting fees and costs.
450     2.  To lienholders of liens recorded prior to the recording
451of the declaration.
452     3.  To purchase-money lienholders on units to the extent
453necessary to satisfy their liens; however, the distribution may
454not exceed a unit owner's share of the proceeds.
455     4.  To lienholders of liens of the association which have
456been consented to under s. 718.121(1).
457     5.  To creditors of the association, as their interests
458appear.
459     6.  To unit owners, the proceeds of any sale of condominium
460property subject to satisfaction of liens on each unit in their
461order of priority, in shares specified in the plan of
462termination, unless objected to by a unit owner or lienor as
463provided in paragraph (b).
464     7.  To unit owners, the remaining condominium property,
465subject to satisfaction of liens on each unit in their order of
466priority, in shares specified in the plan of termination, unless
467objected to by a unit owner or a lienor as provided in paragraph
468(b).
469     8.  To unit owners, the proceeds of any sale of association
470property, the remaining association property, common surplus,
471and other assets of the association, subject to satisfaction of
472liens on each unit in their order of priority, in shares
473specified in the plan of termination, unless objected to by a
474unit owner or a lienor as provided in paragraph (b).
475     Section 5.  Section 720.30851, Florida Statutes, is created
476to read:
477     720.30851  Estoppel certificates.--Within 15 days after the
478date on which a request for an estoppel certificate is received
479from a parcel owner or mortgagee, or his or her designee, the
480association shall provide a certificate signed by an officer or
481authorized agent of the association stating all assessments and
482other moneys owed to the association by the parcel owner or
483mortgagee with respect to the parcel. An association may charge
484a fee for the preparation of such certificate, and the amount of
485such fee must be stated on the certificate.
486     (1)  Any person other than a parcel owner who relies upon a
487certificate receives the benefits and protection thereof.
488     (2)  A summary proceeding pursuant to s. 51.011 may be
489brought to compel compliance with this section, and the
490prevailing party is entitled to recover reasonable attorney's
491fees.
492     (3)  The authority to charge a fee for a certificate
493required by this section shall be established by written
494resolution adopted by the board or provided by written
495management, bookkeeping, or maintenance contract. The fee is
496payable upon the preparation of the certificate, and, if the
497certificate is requested in conjunction with the sale or
498mortgage of a unit and the closing does not occur, the fee shall
499be refunded promptly upon written notice from the person
500requesting the certificate stating that the sale or mortgage did
501not occur. Any such refund is the obligation of the unit owner
502and is collectible in the same manner as an assessment as
503provided in this section.
504     Section 6.  Paragraphs (d) and (j) of subsection (2) of
505section 20.165, Florida Statutes, are amended to read:
506     20.165  Department of Business and Professional
507Regulation.--There is created a Department of Business and
508Professional Regulation.
509     (2)  The following divisions of the Department of Business
510and Professional Regulation are established:
511     (d)  Division of Florida Land Sales, Condominiums,
512Timeshares, and Mobile Homes.
513     (j)  Division of Technology, Licensure, and Testing.
514     Section 7.  Subsection (2) of section 73.073, Florida
515Statutes, is amended to read:
516     73.073  Eminent domain procedure with respect to
517condominium common elements.--
518     (2)  With respect to the exercise of eminent domain or a
519negotiated sale for the purchase or taking of a portion of the
520common elements of a condominium, the condemning authority shall
521have the responsibility of contacting the condominium
522association and acquiring the most recent rolls indicating the
523names of the unit owners or contacting the appropriate taxing
524authority to obtain the names of the owners of record on the tax
525rolls. Notification shall thereupon be sent by certified mail,
526return receipt requested, to the unit owners of record of the
527condominium units by the condemning authority indicating the
528intent to purchase or take the required property and requesting
529a response from the unit owner. The condemning authority shall
530be responsible for the expense of sending notification pursuant
531to this section. Such notice shall, at a minimum, include:
532     (a)  The name and address of the condemning authority.
533     (b)  A written or visual description of the property.
534     (c)  The public purpose for which the property is needed.
535     (d)  The appraisal value of the property.
536     (e)  A clear, concise statement relating to the unit
537owner's right to object to the taking or appraisal value and the
538procedures and effects of exercising that right.
539     (f)  A clear, concise statement relating to the power of
540the association to convey the property on behalf of the unit
541owners if no objection to the taking or appraisal value is
542raised, and the effects of this alternative on the unit owner.
543
544The Division of Florida Land Sales, Condominiums, Timeshares,
545and Mobile Homes of the Department of Business and Professional
546Regulation may adopt, by rule, a standard form for such notice
547and may require the notice to include any additional relevant
548information.
549     Section 8.  Subsections (2) and (3) of section 190.009,
550Florida Statutes, are amended to read:
551     190.009  Disclosure of public financing.--
552     (2)  The Division of Florida Land Sales, Condominiums, and
553Mobile Homes of the Department of Business and Professional
554Regulation shall ensure that disclosures made by developers
555pursuant to chapter 498 meet the requirements of subsection (1).
556     (2)(3)  The Department of Community Affairs shall keep a
557current list of districts and their disclosures pursuant to this
558act and shall make such studies and reports and take such
559actions as it deems necessary.
560     Section 9.  Paragraph (e) of subsection (6) of section
561192.037, Florida Statutes, is amended to read:
562     192.037  Fee timeshare real property; taxes and
563assessments; escrow.--
564     (6)
565     (e)  On or before May 1 of each year, a statement of
566receipts and disbursements of the escrow account must be filed
567with the Division of Florida Land Sales, Condominiums,
568Timeshares, and Mobile Homes of the Department of Business and
569Professional Regulation, which may enforce this paragraph
570pursuant to s. 721.26. This statement must appropriately show
571the amount of principal and interest in such account.
572     Section 10.  Paragraph (i) of subsection (8) of section
573213.053, Florida Statutes, is amended to read:
574     213.053  Confidentiality and information sharing.--
575     (8)  Notwithstanding any other provision of this section,
576the department may provide:
577     (i)  Information relative to chapters 212 and 326 to the
578Division of Florida Land Sales, Condominiums, Timeshares, and
579Mobile Homes of the Department of Business and Professional
580Regulation in the conduct of its official duties.
581
582Disclosure of information under this subsection shall be
583pursuant to a written agreement between the executive director
584and the agency. Such agencies, governmental or nongovernmental,
585shall be bound by the same requirements of confidentiality as
586the Department of Revenue. Breach of confidentiality is a
587misdemeanor of the first degree, punishable as provided by s.
588775.082 or s. 775.083.
589     Section 11.  Paragraph (d) of subsection (4) of section
590215.20, Florida Statutes, is amended to read:
591     215.20  Certain income and certain trust funds to
592contribute to the General Revenue Fund.--
593     (4)  The income of a revenue nature deposited in the
594following described trust funds, by whatever name designated, is
595that from which the appropriations authorized by subsection (3)
596shall be made:
597     (d)  Within the Department of Business and Professional
598Regulation:
599     1.  The Administrative Trust Fund.
600     2.  The Alcoholic Beverage and Tobacco Trust Fund.
601     3.  The Cigarette Tax Collection Trust Fund.
602     4.  The Division of Florida Land Sales, Condominiums,
603Timeshares, and Mobile Homes Trust Fund.
604     5.  The Hotel and Restaurant Trust Fund, with the exception
605of those fees collected for the purpose of funding of the
606hospitality education program as stated in s. 509.302.
607     6.  The Professional Regulation Trust Fund.
608     7.  The trust funds administered by the Division of Pari-
609mutuel Wagering.
610
611The enumeration of the foregoing moneys or trust funds shall not
612prohibit the applicability thereto of s. 215.24 should the
613Governor determine that for the reasons mentioned in s. 215.24
614the money or trust funds should be exempt herefrom, as it is the
615purpose of this law to exempt income from its force and effect
616when, by the operation of this law, federal matching funds or
617contributions or private grants to any trust fund would be lost
618to the state.
619     Section 12.  Subsection (2) of section 326.002, Florida
620Statutes, is amended to read:
621     326.002  Definitions.--As used in ss. 326.001-326.006, the
622term:
623     (2)  "Division" means the Division of Florida Land Sales,
624Condominiums, Timeshares, and Mobile Homes of the Department of
625Business and Professional Regulation.
626     Section 13.  Paragraph (d) of subsection (2) and subsection
627(3) of section 326.006, Florida Statutes, are amended to read:
628     326.006  Powers and duties of division.--
629     (2)  The division has the power to enforce and ensure
630compliance with the provisions of this chapter and rules adopted
631under this chapter relating to the sale and ownership of yachts
632and ships. In performing its duties, the division has the
633following powers and duties:
634     (d)  Notwithstanding any remedies available to a yacht or
635ship purchaser, if the division has reasonable cause to believe
636that a violation of any provision of this chapter or rule
637adopted under this chapter has occurred, the division may
638institute enforcement proceedings in its own name against any
639broker or salesperson or any of his or her assignees or agents,
640or against any unlicensed person or any of his or her assignees
641or agents, as follows:
642     1.  The division may permit a person whose conduct or
643actions are under investigation to waive formal proceedings and
644enter into a consent proceeding whereby orders, rules, or
645letters of censure or warning, whether formal or informal, may
646be entered against the person.
647     2.  The division may issue an order requiring the broker or
648salesperson or any of his or her assignees or agents, or
649requiring any unlicensed person or any of his or her assignees
650or agents, to cease and desist from the unlawful practice and
651take such affirmative action as in the judgment of the division
652will carry out the purposes of this chapter.
653     3.  The division may bring an action in circuit court on
654behalf of a class of yacht or ship purchasers for declaratory
655relief, injunctive relief, or restitution.
656     4.  The division may impose a civil penalty against a
657broker or salesperson or any of his or her assignees or agents,
658or against an unlicensed person or any of his or her assignees
659or agents, for any violation of this chapter or a rule adopted
660under this chapter. A penalty may be imposed for each day of
661continuing violation, but in no event may the penalty for any
662offense exceed $10,000. All amounts collected must be deposited
663with the Chief Financial Officer to the credit of the Division
664of Florida Land Sales, Condominiums, Timeshares, and Mobile
665Homes Trust Fund. If a broker, salesperson, or unlicensed person
666working for a broker, fails to pay the civil penalty, the
667division shall thereupon issue an order suspending the broker's
668license until such time as the civil penalty is paid or may
669pursue enforcement of the penalty in a court of competent
670jurisdiction. The order imposing the civil penalty or the order
671of suspension may not become effective until 20 days after the
672date of such order. Any action commenced by the division must be
673brought in the county in which the division has its executive
674offices or in the county where the violation occurred.
675     (3)  All fees must be deposited in the Division of Florida
676Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
677Fund as provided by law.
678     Section 14.  Subsection (18) of section 380.05, Florida
679Statutes, is amended to read:
680     380.05  Areas of critical state concern.--
681     (18)  Neither the designation of an area of critical state
682concern nor the adoption of any regulations for such an area
683shall in any way limit or modify the rights of any person to
684complete any development that was has been authorized by
685registration of a subdivision pursuant to former chapter 498 or
686former chapter 478, by recordation pursuant to local subdivision
687plat law, or by a building permit or other authorization to
688commence development on which there has been reliance and a
689change of position, and which registration or recordation was
690accomplished, or which permit or authorization was issued, prior
691to the approval under subsection (6), or the adoption under
692subsection (8), of land development regulations for the area of
693critical state concern. If a developer has by his or her actions
694in reliance on prior regulations obtained vested or other legal
695rights that in law would have prevented a local government from
696changing those regulations in a way adverse to the developer's
697interests, nothing in this chapter authorizes any governmental
698agency to abridge those rights.
699     Section 15.  Subsection (20) of section 380.06, Florida
700Statutes, is amended to read:
701     380.06  Developments of regional impact.--
702     (20)  VESTED RIGHTS.--Nothing in this section shall limit
703or modify the rights of any person to complete any development
704that was has been authorized by registration of a subdivision
705pursuant to former chapter 498, by recordation pursuant to local
706subdivision plat law, or by a building permit or other
707authorization to commence development on which there has been
708reliance and a change of position and which registration or
709recordation was accomplished, or which permit or authorization
710was issued, prior to July 1, 1973. If a developer has, by his or
711her actions in reliance on prior regulations, obtained vested or
712other legal rights that in law would have prevented a local
713government from changing those regulations in a way adverse to
714the developer's interests, nothing in this chapter authorizes
715any governmental agency to abridge those rights.
716     (a)  For the purpose of determining the vesting of rights
717under this subsection, approval pursuant to local subdivision
718plat law, ordinances, or regulations of a subdivision plat by
719formal vote of a county or municipal governmental body having
720jurisdiction after August 1, 1967, and prior to July 1, 1973, is
721sufficient to vest all property rights for the purposes of this
722subsection; and no action in reliance on, or change of position
723concerning, such local governmental approval is required for
724vesting to take place. Anyone claiming vested rights under this
725paragraph must so notify the department in writing by January 1,
7261986. Such notification shall include information adequate to
727document the rights established by this subsection. When such
728notification requirements are met, in order for the vested
729rights authorized pursuant to this paragraph to remain valid
730after June 30, 1990, development of the vested plan must be
731commenced prior to that date upon the property that the state
732land planning agency has determined to have acquired vested
733rights following the notification or in a binding letter of
734interpretation. When the notification requirements have not been
735met, the vested rights authorized by this paragraph shall expire
736June 30, 1986, unless development commenced prior to that date.
737     (b)  For the purpose of this act, the conveyance of, or the
738agreement to convey, property to the county, state, or local
739government as a prerequisite to zoning change approval shall be
740construed as an act of reliance to vest rights as determined
741under this subsection, provided such zoning change is actually
742granted by such government.
743     Section 16.  Paragraph (a) of subsection (4) of section
744380.0651, Florida Statutes, is amended to read:
745     380.0651  Statewide guidelines and standards.--
746     (4)  Two or more developments, represented by their owners
747or developers to be separate developments, shall be aggregated
748and treated as a single development under this chapter when they
749are determined to be part of a unified plan of development and
750are physically proximate to one other.
751     (a)  The criteria of two of the following subparagraphs
752must be met in order for the state land planning agency to
753determine that there is a unified plan of development:
754     1.a.  The same person has retained or shared control of the
755developments;
756     b.  The same person has ownership or a significant legal or
757equitable interest in the developments; or
758     c.  There is common management of the developments
759controlling the form of physical development or disposition of
760parcels of the development.
761     2.  There is a reasonable closeness in time between the
762completion of 80 percent or less of one development and the
763submission to a governmental agency of a master plan or series
764of plans or drawings for the other development which is
765indicative of a common development effort.
766     3.  A master plan or series of plans or drawings exists
767covering the developments sought to be aggregated which have
768been submitted to a local general-purpose government, water
769management district, the Florida Department of Environmental
770Protection, or the Division of Florida Land Sales, Condominiums,
771Timeshares, and Mobile Homes for authorization to commence
772development. The existence or implementation of a utility's
773master utility plan required by the Public Service Commission or
774general-purpose local government or a master drainage plan shall
775not be the sole determinant of the existence of a master plan.
776     4.  The voluntary sharing of infrastructure that is
777indicative of a common development effort or is designated
778specifically to accommodate the developments sought to be
779aggregated, except that which was implemented because it was
780required by a local general-purpose government; water management
781district; the Department of Environmental Protection; the
782Division of Florida Land Sales, Condominiums, Timeshares, and
783Mobile Homes; or the Public Service Commission.
784     5.  There is a common advertising scheme or promotional
785plan in effect for the developments sought to be aggregated.
786     Section 17.  Paragraph (c) of subsection (4) of section
787381.0065, Florida Statutes, is amended to read:
788     381.0065  Onsite sewage treatment and disposal systems;
789regulation.--
790     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
791not construct, repair, modify, abandon, or operate an onsite
792sewage treatment and disposal system without first obtaining a
793permit approved by the department. The department may issue
794permits to carry out this section, but shall not make the
795issuance of such permits contingent upon prior approval by the
796Department of Environmental Protection, except that the issuance
797of a permit for work seaward of the coastal construction control
798line established under s. 161.053 shall be contingent upon
799receipt of any required coastal construction control line permit
800from the Department of Environmental Protection. A construction
801permit is valid for 18 months from the issuance date and may be
802extended by the department for one 90-day period under rules
803adopted by the department. A repair permit is valid for 90 days
804from the date of issuance. An operating permit must be obtained
805prior to the use of any aerobic treatment unit or if the
806establishment generates commercial waste. Buildings or
807establishments that use an aerobic treatment unit or generate
808commercial waste shall be inspected by the department at least
809annually to assure compliance with the terms of the operating
810permit. The operating permit for a commercial wastewater system
811is valid for 1 year from the date of issuance and must be
812renewed annually. The operating permit for an aerobic treatment
813unit is valid for 2 years from the date of issuance and must be
814renewed every 2 years. If all information pertaining to the
815siting, location, and installation conditions or repair of an
816onsite sewage treatment and disposal system remains the same, a
817construction or repair permit for the onsite sewage treatment
818and disposal system may be transferred to another person, if the
819transferee files, within 60 days after the transfer of
820ownership, an amended application providing all corrected
821information and proof of ownership of the property. There is no
822fee associated with the processing of this supplemental
823information. A person may not contract to construct, modify,
824alter, repair, service, abandon, or maintain any portion of an
825onsite sewage treatment and disposal system without being
826registered under part III of chapter 489. A property owner who
827personally performs construction, maintenance, or repairs to a
828system serving his or her own owner-occupied single-family
829residence is exempt from registration requirements for
830performing such construction, maintenance, or repairs on that
831residence, but is subject to all permitting requirements. A
832municipality or political subdivision of the state may not issue
833a building or plumbing permit for any building that requires the
834use of an onsite sewage treatment and disposal system unless the
835owner or builder has received a construction permit for such
836system from the department. A building or structure may not be
837occupied and a municipality, political subdivision, or any state
838or federal agency may not authorize occupancy until the
839department approves the final installation of the onsite sewage
840treatment and disposal system. A municipality or political
841subdivision of the state may not approve any change in occupancy
842or tenancy of a building that uses an onsite sewage treatment
843and disposal system until the department has reviewed the use of
844the system with the proposed change, approved the change, and
845amended the operating permit.
846     (c)  Notwithstanding the provisions of paragraphs (a) and
847(b), for subdivisions platted of record on or before October 1,
8481991, when a developer or other appropriate entity has
849previously made or makes provisions, including financial
850assurances or other commitments, acceptable to the Department of
851Health, that a central water system will be installed by a
852regulated public utility based on a density formula, private
853potable wells may be used with onsite sewage treatment and
854disposal systems until the agreed-upon densities are reached.
855The department may consider assurances filed with the Department
856of Business and Professional Regulation under chapter 498 in
857determining the adequacy of the financial assurance required by
858this paragraph. In a subdivision regulated by this paragraph,
859the average daily sewage flow may not exceed 2,500 gallons per
860acre per day. This section does not affect the validity of
861existing prior agreements. After October 1, 1991, the exception
862provided under this paragraph is not available to a developer or
863other appropriate entity.
864     Section 18.  Subsections (8) through (12) of section
865450.33, Florida Statutes, are amended to read:
866     450.33  Duties of farm labor contractor.--Every farm labor
867contractor must:
868     (8)  File, within such time as the department may
869prescribe, a set of his or her fingerprints.
870     (8)(9)  Produce evidence to the department that each
871vehicle he or she uses for the transportation of employees
872complies with the requirements and specifications established in
873chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
874Pub. L. No. 97-470 meeting Department of Transportation
875requirements or, in lieu thereof, bears a valid inspection
876sticker showing that the vehicle has passed the inspection in
877the state in which the vehicle is registered.
878     (9)(10)  Comply with all applicable statutes, rules, and
879regulations of the United States and of the State of Florida for
880the protection or benefit of labor, including, but not limited
881to, those providing for wages, hours, fair labor standards,
882social security, workers' compensation, unemployment
883compensation, child labor, and transportation.
884     (10)(11)  Maintain accurate daily field records for each
885employee actually paid by the farm labor contractor reflecting
886the hours worked for the farm labor contractor and, if paid by
887unit, the number of units harvested and the amount paid per
888unit.
889     (11)(12)  Clearly display on each vehicle used to transport
890migrant or seasonal farm workers a display sticker issued by the
891department, which states that the vehicle is authorized by the
892department to transport farm workers and the expiration date of
893the authorization.
894     Section 19.  Subsection (10) is added to section 455.203,
895Florida Statutes, to read:
896     455.203  Department; powers and duties.--The department,
897for the boards under its jurisdiction, shall:
898     (10)  Have authority to:
899     (a)  Close and terminate deficient license application
900files 2 years after the board or the department notifies the
901applicant of the deficiency; and
902     (b)  Approve applications for professional licenses that
903meet all statutory and rule requirements for licensure.
904     Section 20.  Subsection (5) of section 455.116, Florida
905Statutes, is amended to read:
906     455.116  Regulation trust funds.--The following trust funds
907shall be placed in the department:
908     (5)  Division of Florida Land Sales, Condominiums,
909Timeshares, and Mobile Homes Trust Fund.
910     Section 21.  Subsection (1) of section 455.217, Florida
911Statutes, is amended to read:
912     455.217  Examinations.--This section shall be read in
913conjunction with the appropriate practice act associated with
914each regulated profession under this chapter.
915     (1)  The Division of Technology, Licensure, and Testing of
916the Department of Business and Professional Regulation shall
917provide, contract, or approve services for the development,
918preparation, administration, scoring, score reporting, and
919evaluation of all examinations. The division shall seek the
920advice of the appropriate board in providing such services.
921     (a)  The department, acting in conjunction with the
922Division of Technology, Licensure, and Testing and the Division
923of Real Estate, as appropriate, shall ensure that examinations
924adequately and reliably measure an applicant's ability to
925practice the profession regulated by the department. After an
926examination developed or approved by the department has been
927administered, the board or department may reject any question
928which does not reliably measure the general areas of competency
929specified in the rules of the board or department, when there is
930no board. The department shall use professional testing services
931for the development, preparation, and evaluation of
932examinations, when such services are available and approved by
933the board.
934     (b)  For each examination developed by the department or
935contracted vendor, to the extent not otherwise specified by
936statute, the board or the department when there is no board,
937shall by rule specify the general areas of competency to be
938covered by the examination, the relative weight to be assigned
939in grading each area tested, the score necessary to achieve a
940passing grade, and the fees, where applicable, to cover the
941actual cost for any purchase, development, and administration of
942the required examination. However, statutory fee caps in each
943practice act shall apply. This subsection does not apply to
944national examinations approved and administered pursuant to
945paragraph (d).
946     (c)  If a practical examination is deemed to be necessary,
947rules shall specify the criteria by which examiners are to be
948selected, the grading criteria to be used by the examiner, the
949relative weight to be assigned in grading each criterion, and
950the score necessary to achieve a passing grade. When a mandatory
951standardization exercise for a practical examination is required
952by law, the board may conduct such exercise. Therefore, board
953members may serve as examiners at a practical examination with
954the consent of the board.
955     (d)  A board, or the department when there is no board, may
956approve by rule the use of any national examination which the
957department has certified as meeting requirements of national
958examinations and generally accepted testing standards pursuant
959to department rules. Providers of examinations, which may be
960either profit or nonprofit entities, seeking certification by
961the department shall pay the actual costs incurred by the
962department in making a determination regarding the
963certification. The department shall use any national examination
964which is available, certified by the department, and approved by
965the board. The name and number of a candidate may be provided to
966a national contractor for the limited purpose of preparing the
967grade tape and information to be returned to the board or
968department or, to the extent otherwise specified by rule, the
969candidate may apply directly to the vendor of the national
970examination. The department may delegate to the board the duty
971to provide and administer the examination. Any national
972examination approved by a board, or the department when there is
973no board, prior to October 1, 1997, is deemed certified under
974this paragraph. Any licensing or certification examination that
975is not developed or administered by the department in-house or
976provided as a national examination shall be competitively bid.
977     (e)  The department shall adopt rules regarding the
978security and monitoring of examinations. In order to maintain
979the security of examinations, the department may employ the
980procedures set forth in s. 455.228 to seek fines and injunctive
981relief against an examinee who violates the provisions of s.
982455.2175 or the rules adopted pursuant to this paragraph. The
983department, or any agent thereof, may, for the purposes of
984investigation, confiscate any written, photographic, or
985recording material or device in the possession of the examinee
986at the examination site which the department deems necessary to
987enforce such provisions or rules.
988     (f)  If the professional board with jurisdiction over an
989examination concurs, the department may, for a fee, share with
990any other state's licensing authority an examination developed
991by or for the department unless prohibited by a contract entered
992into by the department for development or purchase of the
993examination. The department, with the concurrence of the
994appropriate board, shall establish guidelines that ensure
995security of a shared exam and shall require that any other
996state's licensing authority comply with those guidelines. Those
997guidelines shall be approved by the appropriate professional
998board. All fees paid by the user shall be applied to the
999department's examination and development program for professions
1000regulated by this chapter. All fees paid by the user for
1001professions not regulated by this chapter shall be applied to
1002offset the fees for the development and administration of that
1003profession's examination. If both a written and a practical
1004examination are given, an applicant shall be required to retake
1005only the portion of the examination for which he or she failed
1006to achieve a passing grade, if he or she successfully passes
1007that portion within a reasonable time of his or her passing the
1008other portion.
1009     Section 22.  Subsection (6) is added to section 455.2273,
1010Florida Statutes, to read:
1011     455.2273  Disciplinary guidelines.--
1012     (6)  Notwithstanding s. 455.017, this section applies to
1013disciplinary guidelines adopted by all boards or divisions
1014within the department.
1015     Section 23.  Effective July 1, 2010, paragraph (d) of
1016subsection (1) and paragraph (d) of subsection (2) of section
1017468.841, Florida Statutes, are amended to read:
1018     468.841  Exemptions.--
1019     (1)  The following persons are not required to comply with
1020any provisions of this part relating to mold assessment:
1021     (d)  Persons or business organizations acting within the
1022scope of the respective licenses required under chapter 471,
1023part I of chapter 481, chapter 482, or chapter 489, or part XV
1024of this chapter, are acting on behalf of an insurer under part
1025VI of chapter 626, or are persons in the manufactured housing
1026industry who are licensed under chapter 320, except when any
1027such persons or business organizations hold themselves out for
1028hire to the public as a "certified mold assessor remediator,"
1029"registered mold assessor remediator," "licensed mold assessor
1030remediator," "mold assessor remediator," "professional mold
1031assessor remediator," or any combination thereof stating or
1032implying licensure under this part.
1033     (2)  The following persons are not required to comply with
1034any provisions of this part relating to mold remediation:
1035     (d)  Persons or business organizations that are acting
1036within the scope of the respective licenses required under
1037chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1038or part XV of this chapter, are acting on behalf of an insurer
1039under part VI of chapter 626, or are persons in the manufactured
1040housing industry who are licensed under chapter 320, except when
1041any such persons or business organizations hold themselves out
1042for hire to the public as a "certified mold remediator
1043assessor," "registered mold remediator assessor," "licensed mold
1044remediator assessor," "mold remediator assessor," "professional
1045mold remediator assessor," or any combination thereof stating or
1046implying licensure under this part.
1047     Section 24.  Paragraph (b) of subsection (2) of section
1048475.17, Florida Statutes, is amended to read:
1049     475.17  Qualifications for practice.--
1050     (2)
1051     (b)  A person may not be licensed as a real estate broker
1052unless, in addition to the other requirements of law, the person
1053has held:
1054     1.  An active real estate sales associate's license for at
1055least 24 12 months during the preceding 5 years in the office of
1056one or more real estate brokers licensed in this state or any
1057other state, territory, or jurisdiction of the United States or
1058in any foreign national jurisdiction;
1059     2.  A current and valid real estate sales associate's
1060license for at least 24 12 months during the preceding 5 years
1061in the employ of a governmental agency for a salary and
1062performing the duties authorized in this part for real estate
1063licensees; or
1064     3.  A current and valid real estate broker's license for at
1065least 24 12 months during the preceding 5 years in any other
1066state, territory, or jurisdiction of the United States or in any
1067foreign national jurisdiction.
1068
1069This paragraph does not apply to a person employed as a real
1070estate investigator by the Division of Real Estate, provided the
1071person has been employed as a real estate investigator for at
1072least 24 months. The person must be currently employed as a real
1073estate investigator to sit for the real estate broker's
1074examination and have held a valid and current sales associate's
1075license for at least 12 months.
1076     Section 25.  Subsection (9) of section 475.451, Florida
1077Statutes, is amended to read:
1078     475.451  Schools teaching real estate practice.--
1079     (9)(a)  Each school permitholder of a proprietary real
1080estate school, each chief administrative person of such an
1081institution, or each course sponsor shall deliver to the
1082department, in a format acceptable to the department, a copy of
1083the classroom course roster of courses that require satisfactory
1084completion of an examination no later than 30 days beyond the
1085end of the calendar month in which the course was completed.
1086     (b)  The course roster shall consist of the institution or
1087school name and permit number, if applicable, the instructor's
1088name and permit number, if applicable, course title, beginning
1089and ending dates of the course, number of course hours, course
1090location, if applicable, each student's full name and license
1091number, if applicable, each student's mailing address, and the
1092numerical grade each student achieved. The course roster shall
1093also include the signature of the school permitholder, the chief
1094administrative person, or the course sponsor.
1095     Section 26.  Section 475.455, Florida Statutes, is amended
1096to read:
1097     475.455  Exchange of disciplinary information.--The
1098commission shall inform the Division of Florida Land Sales,
1099Condominiums, Timeshares, and Mobile Homes of the Department of
1100Business and Professional Regulation of any disciplinary action
1101the commission has taken against any of its licensees. The
1102division shall inform the commission of any disciplinary action
1103the division has taken against any broker or sales associate
1104registered with the division.
1105     Section 27.  Subsection (6) of section 489.105, Florida
1106Statutes, is amended to read:
1107     489.105  Definitions.--As used in this part:
1108     (6)  "Contracting" means, except as exempted in this part,
1109engaging in business as a contractor and includes, but is not
1110limited to, performance of any of the acts as set forth in
1111subsection (3) which define types of contractors. The attempted
1112sale of contracting services and the negotiation or bid for a
1113contract on these services also constitutes contracting. If the
1114services offered require licensure or agent qualification, the
1115offering, negotiation for a bid, or attempted sale of these
1116services requires the corresponding licensure. However, the term
1117"contracting" shall not extend to an individual, partnership,
1118corporation, trust, or other legal entity that offers to sell or
1119sells completed residences on property on which the individual
1120or business entity has any legal or equitable interest, or to
1121the individual or business entity that offers to sell or sells
1122manufactured or factory-built buildings that will be completed
1123on site on property on which either party to a contract has any
1124legal or equitable interest, if the services of a qualified
1125contractor certified or registered pursuant to the requirements
1126of this chapter have been or will be retained for the purpose of
1127constructing or completing such residences.
1128     Section 28.  Section 489.511, Florida Statutes, is amended
1129to read:
1130     489.511  Certification; application; examinations;
1131endorsement.--
1132     (1)(a)  Any person who is at least 18 years of age may take
1133the certification examination.
1134     (b)  Any person desiring to be certified as a contractor
1135shall apply to the department in writing and must meet the
1136following criteria: to take the certification examination.
1137     (2)(a)  A person shall be entitled to take the
1138certification examination for the purpose of determining whether
1139he or she is qualified to engage in contracting throughout the
1140state as a contractor if the person:
1141     1.  Is at least 18 years of age;
1142     1.2.  Be Is of good moral character;
1143     2.  Pass the certification examination, achieving a passing
1144grade as established by board rule; and
1145     3.  Meet Meets eligibility requirements according to one of
1146the following criteria:
1147     a.  Has, within the 6 years immediately preceding the
1148filing of the application, at least 3 years' proven management
1149experience in the trade or education equivalent thereto, or a
1150combination thereof, but not more than one-half of such
1151experience may be educational equivalent;
1152     b.  Has, within the 8 years immediately preceding the
1153filing of the application, at least 4 years' experience as a
1154supervisor or contractor in the trade for which he or she is
1155making application;
1156     c.  Has, within the 12 years immediately preceding the
1157filing of the application, at least 6 years of comprehensive
1158training, technical education, or supervisory experience
1159associated with an electrical or alarm system contracting
1160business, or at least 6 years of technical experience in
1161electrical or alarm system work with the Armed Forces or a
1162governmental entity;
1163     d.  Has, within the 12 years immediately preceding the
1164filing of the application, been licensed for 3 years as a
1165professional engineer who is qualified by education, training,
1166or experience to practice electrical engineering; or
1167     e.  Has any combination of qualifications under sub-
1168subparagraphs a.-c. totaling 6 years of experience.
1169     (c)(b)  For purposes of this subsection, "supervisor" means
1170a person having the experience gained while having the general
1171duty of overseeing the technical duties of the trade, provided
1172that such experience is gained by a person who is able to
1173perform the technical duties of the trade without supervision.
1174     (d)(c)  For purposes of this subsection, at least 40
1175percent of the work experience for an alarm system contractor I
1176must be in the types of fire alarm systems typically used in a
1177commercial setting.
1178     (2)(3)  The board may determine by rule the number of times
1179per year the applicant may take the examination and after three
1180unsuccessful attempts may On or after October 1, 1998, every
1181applicant who is qualified shall be allowed to take the
1182examination three times, notwithstanding the number of times the
1183applicant has previously failed the examination. If an applicant
1184fails the examination three times after October 1, 1998, the
1185board shall require the applicant to complete additional
1186college-level or technical education courses in the areas of
1187deficiency, as determined by the board, as a condition of future
1188eligibility to take the examination. The applicant must also
1189submit a new application that meets all certification
1190requirements at the time of its submission and must pay all
1191appropriate fees.
1192     (3)(4)(a)  "Good moral character" means a personal history
1193of honesty, fairness, and respect for the rights of others and
1194for laws of this state and nation.
1195     (b)  The board may determine that an individual applying
1196for certification is ineligible to take the examination for
1197failure to satisfy the requirement of good moral character only
1198if:
1199     1.  There is a substantial connection between the lack of
1200good moral character of the individual and the professional
1201responsibilities of a certified contractor; and
1202     2.  The finding by the board of lack of good moral
1203character is supported by clear and convincing evidence.
1204     (c)  When an individual is found to be unqualified for
1205certification examination because of a lack of good moral
1206character, the board shall furnish such individual a statement
1207containing the findings of the board, a complete record of the
1208evidence upon which the determination was based, and a notice of
1209the rights of the individual to a rehearing and appeal.
1210     (4)(5)  The board shall, by rule, designate those types of
1211specialty electrical or alarm system contractors who may be
1212certified under this part. The limit of the scope of work and
1213responsibility of a certified specialty contractor shall be
1214established by board rule. A certified specialty contractor
1215category exists as an optional statewide licensing category.
1216Qualification for certification in a specialty category created
1217by rule shall be the same as set forth in paragraph (1)(b)
1218(2)(a). The existence of a specialty category created by rule
1219does not itself create any licensing requirement; however,
1220neither does its optional nature remove any licensure
1221requirement established elsewhere in this part.
1222     (5)(6)  The board shall certify as qualified for
1223certification by endorsement any individual applying for
1224certification who:
1225     (a)  Meets the requirements for certification as set forth
1226in this section; has passed a national, regional, state, or
1227United States territorial licensing examination that is
1228substantially equivalent to the examination required by this
1229part; and has satisfied the requirements set forth in s.
1230489.521; or
1231     (b)  Holds a valid license to practice electrical or alarm
1232system contracting issued by another state or territory of the
1233United States, if the criteria for issuance of such license was
1234substantially equivalent to the certification criteria that
1235existed in this state at the time the certificate was issued.
1236     (6)(7)  Upon the issuance of a certificate, any previously
1237issued registered licenses for the classification in which the
1238certification is issued are rendered void.
1239     Section 29.  Paragraph (b) of subsection (1) of section
1240489.515, Florida Statutes, is amended to read:
1241     489.515  Issuance of certificates; registrations.--
1242     (1)
1243     (b)  The board shall certify as qualified for certification
1244any person who satisfies the requirements of s. 489.511, who
1245successfully passes the certification examination administered
1246by the department, achieving a passing grade as established by
1247board rule, and who submits satisfactory evidence that he or she
1248has obtained both workers' compensation insurance or an
1249acceptable exemption certificate issued by the department and
1250public liability and property damage insurance for the health,
1251safety, and welfare of the public in amounts determined by rule
1252of the board, and furnishes evidence of financial
1253responsibility, credit, and business reputation of either
1254himself or herself or the business organization he or she
1255desires to qualify.
1256     Section 30.  Section 494.008, Florida Statutes, is amended
1257to read:
1258     494.008  Mortgages offered by land developers licensed
1259pursuant to the Florida Uniform Land Sales Practices Law;
1260requirements; prohibitions.--No mortgage loan which has a face
1261amount of $35,000 or less and is secured by vacant land
1262registered under the Florida Uniform Land Sales Practices Law,
1263chapter 498, shall be sold to a mortgagee, except a financial
1264institution, by any person unless all of the following
1265requirements are met:
1266     (1)  Each mortgage securing a note or other obligation sold
1267or offered for sale shall be eligible for a recordation as a
1268first mortgage.
1269     (2)  Each mortgage negotiated pursuant to this section must
1270include a mortgagee's title insurance policy or an opinion of
1271title, from an attorney who is licensed to practice law in this
1272state, on each parcel of land which is described in the
1273mortgage. The policy or opinion shall reflect that there are no
1274other mortgages on the property. A notice stating the priority
1275of the mortgage shall be placed on the face of each mortgage in
1276an amount over $35,000 issued pursuant to this section.
1277     (3)  Contracts to purchase a mortgage loan shall contain,
1278immediately above the purchaser's signature line, the statement
1279in 10-point boldfaced type: "This mortgage is secured by vacant
1280land subject to development at a future time." This statement
1281shall also be typed or printed in 10-point type on the face of
1282the note and mortgage sold.
1283     (4)  The most recent assessment for tax purposes made by
1284the county property appraiser of each parcel of land described
1285in the mortgage shall be furnished to each mortgagee.
1286     (5)  The mortgage broker shall record or cause to be
1287recorded all mortgages or other similar documents prior to
1288delivery of the note and mortgage to the mortgagee.
1289     (6)  All funds received by the mortgage broker pursuant to
1290this section shall promptly be deposited in the broker's trust
1291account where they shall remain until the note and mortgage are
1292fully executed and recorded.
1293     (7)  Willful failure to comply with any of the above
1294provisions shall subject the person to the penalties of s.
1295494.05.
1296     Section 31.  Section 498.009, Florida Statutes, is
1297renumbered as section 718.50152, Florida Statutes.
1298     Section 32.  Section 498.011, Florida Statutes, is
1299renumbered as section 718.50153, Florida Statutes, and amended
1300to read:
1301     718.50153 498.011  Payment of per diem, mileage, and other
1302expenses to division employees.--The amount of per diem and
1303mileage and expense money paid to employees shall be as provided
1304in s. 112.061, except that the division shall establish by rule
1305the standards for reimbursement of actual verified expenses
1306incurred in connection with an on-site review inspection or
1307investigation of subdivided lands.
1308     Section 33.  Section 498.013, Florida Statutes, is
1309renumbered as section 718.50154, Florida Statutes.
1310     Section 34.  Section 498.057, Florida Statutes, is
1311renumbered as section 718.50155, Florida Statutes, and amended,
1312to read:
1313     718.50155 498.057  Service of process.--
1314     (1)  In addition to the methods of service provided for in
1315the Florida Rules of Civil Procedure and the Florida Statutes,
1316service may be made and by delivering a copy of the process to
1317the director of the division, which shall be binding upon the
1318defendant or respondent if:
1319     (a)  The division plaintiff, which is acting as the
1320petitioner or plaintiff may be the division, immediately sends a
1321copy of the process and of the pleading by certified mail to the
1322defendant or respondent at his or her last known address;, and
1323     (b)  The division plaintiff files an affidavit of
1324compliance with this section on or before the return date of the
1325process or within the time set by the court.
1326     (2)  If any person, including any nonresident of this
1327state, allegedly engages in conduct prohibited by this chapter,
1328or any rule or order of the division, and has not filed a
1329consent to service of process, and personal jurisdiction over
1330him or her cannot otherwise be obtained in this state, the
1331director shall be authorized to receive service of process in
1332any noncriminal proceeding against that person or his or her
1333successor which grows out of the conduct and which is brought by
1334the division under this chapter or any rule or order of the
1335division. The process shall have the same force and validity as
1336if personally served. Notice shall be given as provided in
1337subsection (1).
1338     Section 35.  Sections 498.001, 498.003, 498.005, 498.007,
1339498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1340498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1341498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1342and 498.063, Florida Statutes, are repealed.
1343     Section 36.  Section 509.512, Florida Statutes, is amended
1344to read:
1345     509.512  Timeshare plan developer and exchange company
1346exemption.--Sections 509.501-509.511 do not apply to a developer
1347of a timeshare plan or an exchange company approved by the
1348Division of Florida Land Sales, Condominiums, Timeshares, and
1349Mobile Homes pursuant to chapter 721, but only to the extent
1350that the developer or exchange company engages in conduct
1351regulated under chapter 721.
1352     Section 37.  Subsection (2) of section 517.301, Florida
1353Statutes, is amended to read:
1354     517.301  Fraudulent transactions; falsification or
1355concealment of facts.--
1356     (2)  For purposes of ss. 517.311 and 517.312 and this
1357section, the term "investment" means any commitment of money or
1358property principally induced by a representation that an
1359economic benefit may be derived from such commitment, except
1360that the term "investment" does not include a commitment of
1361money or property for:
1362     (a)  The purchase of a business opportunity, business
1363enterprise, or real property through a person licensed under
1364chapter 475 or registered under former chapter 498; or
1365     (b)  The purchase of tangible personal property through a
1366person not engaged in telephone solicitation, where said
1367property is offered and sold in accordance with the following
1368conditions:
1369     1.  There are no specific representations or guarantees
1370made by the offeror or seller as to the economic benefit to be
1371derived from the purchase;
1372     2.  The tangible property is delivered to the purchaser
1373within 30 days after sale, except that such 30-day period may be
1374extended by the office if market conditions so warrant; and
1375     3.  The seller has offered the purchaser a full refund
1376policy in writing, exercisable by the purchaser within 10 days
1377of the date of delivery of such tangible personal property,
1378except that the amount of such refund may not in no event shall
1379exceed the bid price in effect at the time the property is
1380returned to the seller. If the applicable sellers' market is
1381closed at the time the property is returned to the seller for a
1382refund, the amount of such refund shall be based on the bid
1383price for such property at the next opening of such market.
1384     Section 38.  Subsection (4) of section 548.0065, Florida
1385Statutes, is amended to read:
1386     548.0065  Amateur matches; sanctioning and supervision;
1387health and safety standards; compliance checks; continuation,
1388suspension, and revocation of sanctioning approval.--
1389     (4)  Any member of the commission or the executive director
1390of the commission may suspend the approval of an amateur
1391sanctioning organization for failure to supervise amateur
1392matches or to enforce the approved health and safety standards
1393required under this chapter, provided that the suspension
1394complies with the procedures for summary suspensions in s.
1395120.60(6). At any amateur boxing, or kickboxing, or mixed
1396martial arts contest, any member of the commission or a
1397representative of the commission may immediately suspend one or
1398more matches in an event whenever it appears that the match or
1399matches violate the health and safety standards established by
1400rule as required by this chapter. A law enforcement officer may
1401assist any member of the commission or a representative of the
1402commission to enforce an order to stop a contest if called upon
1403to do so by a member of the commission or a representative of
1404the commission.
1405     Section 39.  Subsections (2), (3), and (4) of section
1406548.008, Florida Statutes, are amended to read:
1407     548.008  Prohibited competitions.--
1408     (2)  No amateur mixed martial arts match may be held in
1409this state.
1410     (2)(3)  No professional match may be held in this state
1411unless it meets the requirements for holding the match as
1412provided in this chapter and the rules adopted by the
1413commission.
1414     (3)(4)(a)  Any person participating in a match prohibited
1415under this section, knowing the match to be prohibited, commits
1416a misdemeanor of the second degree, punishable as provided in s.
1417775.082 or s. 775.083.
1418     (b)  Any person holding, promoting, or sponsoring a match
1419prohibited under this section commits a felony of the third
1420degree, punishable as provided in s. 775.082, s. 775.083, or s.
1421775.084.
1422     Section 40.  Subsection (1) of section 548.041, Florida
1423Statutes, is amended to read:
1424     548.041  Age, condition, and suspension of participants.--
1425     (1)  A person may shall not be licensed as a participant,
1426and the license of a any participant shall be suspended or
1427revoked, if such person:
1428     (a)  Is under the age of 18;
1429     (b)  Has participated in a match in this state which was
1430not sanctioned by the commission or by a Native American
1431commission properly constituted under federal law; or
1432     (c)  Does not meet certain health and medical examination
1433conditions as required by rule of the commission;.
1434     (d)  Has not competed in a minimum number of amateur boxing
1435events as determined by commission rule prior to licensure; or
1436     (e)  Has not participated in a minimum number of amateur
1437mixed martial arts events as determined by commission rule prior
1438to licensure.
1439     Section 41.  Subsection (1) of section 559.935, Florida
1440Statutes, is amended to read:
1441     559.935  Exemptions.--
1442     (1)  This part does not apply to:
1443     (a)  A bona fide employee of a seller of travel who is
1444engaged solely in the business of her or his employer;
1445     (b)  Any direct common carrier of passengers or property
1446regulated by an agency of the Federal Government or employees of
1447such carrier when engaged solely in the transportation business
1448of the carrier as identified in the carrier's certificate;
1449     (c)  An intrastate common carrier of passengers or property
1450selling only transportation as defined in the applicable state
1451or local registration or certification, or employees of such
1452carrier when engaged solely in the transportation business of
1453the carrier;
1454     (d)  Hotels, motels, or other places of public
1455accommodation selling public accommodations, or employees of
1456such hotels, motels, or other places of public accommodation,
1457when engaged solely in making arrangements for lodging,
1458accommodations, or sightseeing tours within the state, or taking
1459reservations for the traveler with times, dates, locations, and
1460accommodations certain at the time the reservations are made,
1461provided that hotels and motels registered with the Department
1462of Business and Professional Regulation pursuant to chapter 509
1463are excluded from the provisions of this chapter;
1464     (e)  Persons involved solely in the rental, leasing, or
1465sale of residential property;
1466     (f)  Persons involved solely in the rental, leasing, or
1467sale of transportation vehicles;
1468     (g)  Persons who make travel arrangements for themselves;
1469for their employees or agents; for distributors, franchisees, or
1470dealers of the persons' products or services; for entities which
1471are financially related to the persons; or for the employees or
1472agents of the distributor, franchisee, or dealer or financially
1473related entity;
1474     (h)  A developer of a timeshare plan or an exchange company
1475approved by the Division of Florida Land Sales, Condominiums,
1476Timeshares, and Mobile Homes pursuant to chapter 721, but only
1477to the extent that the developer or exchange company engages in
1478conduct regulated under chapter 721; or
1479     (i)  Persons or entities engaged solely in offering diving
1480services, including classes and sales or rentals of equipment,
1481when engaged in making any prearranged travel-related or
1482tourist-related services in conjunction with a primarily dive-
1483related event.
1484     Section 42.  Subsection (17) of section 718.103, Florida
1485Statutes, is amended to read:
1486     718.103  Definitions.--As used in this chapter, the term:
1487     (17)  "Division" means the Division of Florida Land Sales,
1488Condominiums, Timeshares, and Mobile Homes of the Department of
1489Business and Professional Regulation.
1490     Section 43.  Paragraph (c) of subsection (4) of section
1491718.105, Florida Statutes, is amended to read:
1492     718.105  Recording of declaration.--
1493     (4)
1494     (c)  If the sum of money held by the clerk has not been
1495paid to the developer or association as provided in paragraph
1496(b) within by 3 years after the date the declaration was
1497originally recorded, the clerk in his or her discretion may
1498notify, in writing, the registered agent of the association that
1499the sum is still available and the purpose for which it was
1500deposited. If the association does not record the certificate
1501within 90 days after the clerk has given the notice, the clerk
1502may disburse the money to the developer. If the developer cannot
1503be located, the clerk shall disburse the money to the Division
1504of Florida Land Sales, Condominiums, Timeshares, and Mobile
1505Homes for deposit in the Division of Florida Land Sales,
1506Condominiums, Timeshares, and Mobile Homes Trust Fund.
1507     Section 44.  Subsection (4) of section 718.1255, Florida
1508Statutes, is amended to read:
1509     718.1255  Alternative dispute resolution; voluntary
1510mediation; mandatory nonbinding arbitration; legislative
1511findings.--
1512     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1513DISPUTES.--The Division of Florida Land Sales, Condominiums,
1514Timeshares, and Mobile Homes of the Department of Business and
1515Professional Regulation shall employ full-time attorneys to act
1516as arbitrators to conduct the arbitration hearings provided by
1517this chapter. The division may also certify attorneys who are
1518not employed by the division to act as arbitrators to conduct
1519the arbitration hearings provided by this section. No person may
1520be employed by the department as a full-time arbitrator unless
1521he or she is a member in good standing of The Florida Bar. The
1522department shall adopt promulgate rules of procedure to govern
1523such arbitration hearings including mediation incident thereto.
1524The decision of an arbitrator shall be final; however, such a
1525decision shall not be deemed final agency action. Nothing in
1526this provision shall be construed to foreclose parties from
1527proceeding in a trial de novo unless the parties have agreed
1528that the arbitration is binding. If such judicial proceedings
1529are initiated, the final decision of the arbitrator shall be
1530admissible in evidence in the trial de novo.
1531     (a)  Prior to the institution of court litigation, a party
1532to a dispute shall petition the division for nonbinding
1533arbitration. The petition must be accompanied by a filing fee in
1534the amount of $50. Filing fees collected under this section must
1535be used to defray the expenses of the alternative dispute
1536resolution program.
1537     (b)  The petition must recite, and have attached thereto,
1538supporting proof that the petitioner gave the respondents:
1539     1.  Advance written notice of the specific nature of the
1540dispute;
1541     2.  A demand for relief, and a reasonable opportunity to
1542comply or to provide the relief; and
1543     3.  Notice of the intention to file an arbitration petition
1544or other legal action in the absence of a resolution of the
1545dispute.
1546
1547Failure to include the allegations or proof of compliance with
1548these prerequisites requires dismissal of the petition without
1549prejudice.
1550     (c)  Upon receipt, the petition shall be promptly reviewed
1551by the division to determine the existence of a dispute and
1552compliance with the requirements of paragraphs (a) and (b). If
1553emergency relief is required and is not available through
1554arbitration, a motion to stay the arbitration may be filed. The
1555motion must be accompanied by a verified petition alleging facts
1556that, if proven, would support entry of a temporary injunction,
1557and if an appropriate motion and supporting papers are filed,
1558the division may abate the arbitration pending a court hearing
1559and disposition of a motion for temporary injunction.
1560     (d)  Upon determination by the division that a dispute
1561exists and that the petition substantially meets the
1562requirements of paragraphs (a) and (b) and any other applicable
1563rules, a copy of the petition shall forthwith be served by the
1564division upon all respondents.
1565     (e)  Either Before or after the filing of the respondents'
1566answer to the petition, any party may request that the
1567arbitrator refer the case to mediation under this section and
1568any rules adopted by the division. Upon receipt of a request for
1569mediation, the division shall promptly contact the parties to
1570determine if there is agreement that mediation would be
1571appropriate. If all parties agree, the dispute must be referred
1572to mediation. Notwithstanding a lack of an agreement by all
1573parties, the arbitrator may refer a dispute to mediation at any
1574time.
1575     (f)  Upon referral of a case to mediation, the parties must
1576select a mutually acceptable mediator. To assist in the
1577selection, the arbitrator shall provide the parties with a list
1578of both volunteer and paid mediators that have been certified by
1579the division under s. 718.501. If the parties are unable to
1580agree on a mediator within the time allowed by the arbitrator,
1581the arbitrator shall appoint a mediator from the list of
1582certified mediators. If a case is referred to mediation, the
1583parties shall attend a mediation conference, as scheduled by the
1584parties and the mediator. If any party fails to attend a duly
1585noticed mediation conference, without the permission or approval
1586of the arbitrator or mediator, the arbitrator must impose
1587sanctions against the party, including the striking of any
1588pleadings filed, the entry of an order of dismissal or default
1589if appropriate, and the award of costs and attorneys' fees
1590incurred by the other parties. Unless otherwise agreed to by the
1591parties or as provided by order of the arbitrator, a party is
1592deemed to have appeared at a mediation conference by the
1593physical presence of the party or its representative having full
1594authority to settle without further consultation, provided that
1595an association may comply by having one or more representatives
1596present with full authority to negotiate a settlement and
1597recommend that the board of administration ratify and approve
1598such a settlement within 5 days from the date of the mediation
1599conference. The parties shall share equally the expense of
1600mediation, unless they agree otherwise.
1601     (g)  The purpose of mediation as provided for by this
1602section is to present the parties with an opportunity to resolve
1603the underlying dispute in good faith, and with a minimum
1604expenditure of time and resources.
1605     (h)  Mediation proceedings must generally be conducted in
1606accordance with the Florida Rules of Civil Procedure, and these
1607proceedings are privileged and confidential to the same extent
1608as court-ordered mediation. Persons who are not parties to the
1609dispute are not allowed to attend the mediation conference
1610without the consent of all parties, with the exception of
1611counsel for the parties and corporate representatives designated
1612to appear for a party. If the mediator declares an impasse after
1613a mediation conference has been held, the arbitration proceeding
1614terminates, unless all parties agree in writing to continue the
1615arbitration proceeding, in which case the arbitrator's decision
1616shall be either binding or nonbinding, as agreed upon by the
1617parties; in the arbitration proceeding, the arbitrator shall not
1618consider any evidence relating to the unsuccessful mediation
1619except in a proceeding to impose sanctions for failure to appear
1620at the mediation conference. If the parties do not agree to
1621continue arbitration, the arbitrator shall enter an order of
1622dismissal, and either party may institute a suit in a court of
1623competent jurisdiction. The parties may seek to recover any
1624costs and attorneys' fees incurred in connection with
1625arbitration and mediation proceedings under this section as part
1626of the costs and fees that may be recovered by the prevailing
1627party in any subsequent litigation.
1628     (i)  Arbitration shall be conducted according to rules
1629adopted promulgated by the division. The filing of a petition
1630for arbitration shall toll the applicable statute of
1631limitations.
1632     (j)  At the request of any party to the arbitration, the
1633such arbitrator shall issue subpoenas for the attendance of
1634witnesses and the production of books, records, documents, and
1635other evidence and any party on whose behalf a subpoena is
1636issued may apply to the court for orders compelling such
1637attendance and production. Subpoenas shall be served and shall
1638be enforceable in the manner provided by the Florida Rules of
1639Civil Procedure. Discovery may, in the discretion of the
1640arbitrator, be permitted in the manner provided by the Florida
1641Rules of Civil Procedure. Rules adopted by the division may
1642authorize any reasonable sanctions except contempt for a
1643violation of the arbitration procedural rules of the division or
1644for the failure of a party to comply with a reasonable nonfinal
1645order issued by an arbitrator which is not under judicial
1646review.
1647     (k)  The arbitration decision shall be presented to the
1648parties in writing. An arbitration decision is final in those
1649disputes in which the parties have agreed to be bound. An
1650arbitration decision is also final if a complaint for a trial de
1651novo is not filed in a court of competent jurisdiction in which
1652the condominium is located within 30 days. The right to file for
1653a trial de novo entitles the parties to file a complaint in the
1654appropriate trial court for a judicial resolution of the
1655dispute. The prevailing party in an arbitration proceeding shall
1656be awarded the costs of the arbitration and reasonable
1657attorney's fees in an amount determined by the arbitrator. Such
1658an award shall include the costs and reasonable attorney's fees
1659incurred in the arbitration proceeding as well as the costs and
1660reasonable attorney's fees incurred in preparing for and
1661attending any scheduled mediation.
1662     (l)  The party who files a complaint for a trial de novo
1663shall be assessed the other party's arbitration costs, court
1664costs, and other reasonable costs, including attorney's fees,
1665investigation expenses, and expenses for expert or other
1666testimony or evidence incurred after the arbitration hearing if
1667the judgment upon the trial de novo is not more favorable than
1668the arbitration decision. If the judgment is more favorable, the
1669party who filed a complaint for trial de novo shall be awarded
1670reasonable court costs and attorney's fees.
1671     (m)  Any party to an arbitration proceeding may enforce an
1672arbitration award by filing a petition in a court of competent
1673jurisdiction in which the condominium is located. A petition may
1674not be granted unless the time for appeal by the filing of a
1675complaint for trial de novo has expired. If a complaint for a
1676trial de novo has been filed, a petition may not be granted with
1677respect to an arbitration award that has been stayed. If the
1678petition for enforcement is granted, the petitioner shall
1679recover reasonable attorney's fees and costs incurred in
1680enforcing the arbitration award. A mediation settlement may also
1681be enforced through the county or circuit court, as applicable,
1682and any costs and fees incurred in the enforcement of a
1683settlement agreement reached at mediation must be awarded to the
1684prevailing party in any enforcement action.
1685     Section 45.  Section 718.501, Florida Statutes, is amended
1686to read:
1687     718.501  Powers and duties of Division of Florida Land
1688Sales, Condominiums, Timeshares, and Mobile Homes.--
1689     (1)  The Division of Florida Land Sales, Condominiums,
1690Timeshares, and Mobile Homes of the Department of Business and
1691Professional Regulation, referred to as the "division" in this
1692part, in addition to other powers and duties prescribed by
1693chapter 498, has the power to enforce and ensure compliance with
1694the provisions of this chapter and rules promulgated pursuant
1695hereto relating to the development, construction, sale, lease,
1696ownership, operation, and management of residential condominium
1697units. In performing its duties, the division has the following
1698powers and duties:
1699     (a)1.  The division may make necessary public or private
1700investigations within or outside this state to determine whether
1701any person has violated this chapter or any rule or order
1702hereunder, to aid in the enforcement of this chapter, or to aid
1703in the adoption of rules or forms hereunder.
1704     2.  The division may submit any official written report,
1705worksheet, or other related paper, or a duly certified copy
1706thereof, compiled, prepared, drafted, or otherwise made by and
1707duly authenticated by a financial examiner or analyst to be
1708admitted as competent evidence in any hearing in which the
1709financial examiner or analyst is available for cross-examination
1710and attests under oath that such documents were prepared as a
1711result of an examination or inspection conducted pursuant to
1712this chapter.
1713     (b)  The division may require or permit any person to file
1714a statement in writing, under oath or otherwise, as the division
1715determines, as to the facts and circumstances concerning a
1716matter to be investigated.
1717     (c)  For the purpose of any investigation under this
1718chapter, the division director or any officer or employee
1719designated by the division director may administer oaths or
1720affirmations, subpoena witnesses and compel their attendance,
1721take evidence, and require the production of any matter which is
1722relevant to the investigation, including the existence,
1723description, nature, custody, condition, and location of any
1724books, documents, or other tangible things and the identity and
1725location of persons having knowledge of relevant facts or any
1726other matter reasonably calculated to lead to the discovery of
1727material evidence. Upon the failure by a person to obey a
1728subpoena or to answer questions propounded by the investigating
1729officer and upon reasonable notice to all persons affected
1730thereby, the division may apply to the circuit court for an
1731order compelling compliance.
1732     (d)  Notwithstanding any remedies available to unit owners
1733and associations, if the division has reasonable cause to
1734believe that a violation of any provision of this chapter or
1735related rule promulgated pursuant hereto has occurred, the
1736division may institute enforcement proceedings in its own name
1737against any developer, association, officer, or member of the
1738board of administration, or its assignees or agents, as follows:
1739     1.  The division may permit a person whose conduct or
1740actions may be under investigation to waive formal proceedings
1741and enter into a consent proceeding whereby orders, rules, or
1742letters of censure or warning, whether formal or informal, may
1743be entered against the person.
1744     2.  The division may issue an order requiring the
1745developer, association, officer, or member of the board of
1746administration, or its assignees or agents, to cease and desist
1747from the unlawful practice and take such affirmative action as
1748in the judgment of the division will carry out the purposes of
1749this chapter. Such affirmative action may include, but is not
1750limited to, an order requiring a developer to pay moneys
1751determined to be owed to a condominium association. If the
1752division finds that a developer, association, officer, or member
1753of the board of administration, or its assignees or agents, is
1754violating or is about to violate any provision of this chapter,
1755any rule adopted or order issued by the division, or any written
1756agreement entered into with the division, and presents an
1757immediate danger to the public requiring an immediate final
1758order, it may issue an emergency cease and desist order reciting
1759with particularity the facts underlying such findings. The
1760emergency cease and desist order is effective for 90 days. If
1761the division begins nonemergency cease and desist proceedings,
1762the emergency cease and desist order remains effective until the
1763conclusion of the proceedings under ss. 120.569 and 120.57.
1764     3.  The division may bring an action in circuit court on
1765behalf of a class of unit owners, lessees, or purchasers for
1766declaratory relief, injunctive relief, or restitution.
1767     4.  The division may petition the court for the appointment
1768of a receiver or conservator. If appointed, the receiver or
1769conservator may take action to implement the court order to
1770ensure the performance of the order and to remedy any breach
1771thereof. In addition to all other means provided by law for the
1772enforcement of an injunction or temporary restraining order, the
1773circuit court may impound or sequester the property of a party
1774defendant, including books, papers, documents, and related
1775records, and allow the examination and use of the property by
1776the division and a court-appointed receiver or conservator.
1777     5.  The division may apply to the circuit court for an
1778order of restitution whereby the defendant in an action brought
1779pursuant to subparagraph 4. shall be ordered to make restitution
1780of those sums shown by the division to have been obtained by the
1781defendant in violation of this chapter. Such restitution shall,
1782at the option of the court, be payable to the conservator or
1783receiver appointed pursuant to subparagraph 4. or directly to
1784the persons whose funds or assets were obtained in violation of
1785this chapter.
1786     6.4.  The division may impose a civil penalty against a
1787developer or association, or its assignee or agent, for any
1788violation of this chapter or a rule adopted under this chapter
1789promulgated pursuant hereto. The division may impose a civil
1790penalty individually against any officer or board member who
1791willfully and knowingly violates a provision of this chapter,
1792adopted a rule adopted pursuant hereto, or a final order of the
1793division. The term "willfully and knowingly" means that the
1794division informed the officer or board member that his or her
1795action or intended action violates this chapter, a rule adopted
1796under this chapter, or a final order of the division and that
1797the officer or board member refused to comply with the
1798requirements of this chapter, a rule adopted under this chapter,
1799or a final order of the division. The division, prior to
1800initiating formal agency action under chapter 120, shall afford
1801the officer or board member an opportunity to voluntarily comply
1802with this chapter, a rule adopted under this chapter, or a final
1803order of the division. An officer or board member who complies
1804within 10 days is not subject to a civil penalty. A penalty may
1805be imposed on the basis of each day of continuing violation, but
1806in no event shall the penalty for any offense exceed $5,000. By
1807January 1, 1998, the division shall adopt, by rule, penalty
1808guidelines applicable to possible violations or to categories of
1809violations of this chapter or rules adopted by the division. The
1810guidelines must specify a meaningful range of civil penalties
1811for each such violation of the statute and rules and must be
1812based upon the harm caused by the violation, the repetition of
1813the violation, and upon such other factors deemed relevant by
1814the division. For example, the division may consider whether the
1815violations were committed by a developer or owner-controlled
1816association, the size of the association, and other factors. The
1817guidelines must designate the possible mitigating or aggravating
1818circumstances that justify a departure from the range of
1819penalties provided by the rules. It is the legislative intent
1820that minor violations be distinguished from those which endanger
1821the health, safety, or welfare of the condominium residents or
1822other persons and that such guidelines provide reasonable and
1823meaningful notice to the public of likely penalties that may be
1824imposed for proscribed conduct. This subsection does not limit
1825the ability of the division to informally dispose of
1826administrative actions or complaints by stipulation, agreed
1827settlement, or consent order. All amounts collected shall be
1828deposited with the Chief Financial Officer to the credit of the
1829Division of Florida Land Sales, Condominiums, Timeshares, and
1830Mobile Homes Trust Fund. If a developer fails to pay the civil
1831penalty, the division shall thereupon issue an order directing
1832that such developer cease and desist from further operation
1833until such time as the civil penalty is paid or may pursue
1834enforcement of the penalty in a court of competent jurisdiction.
1835If an association fails to pay the civil penalty, the division
1836shall thereupon pursue enforcement in a court of competent
1837jurisdiction, and the order imposing the civil penalty or the
1838cease and desist order will not become effective until 20 days
1839after the date of such order. Any action commenced by the
1840division shall be brought in the county in which the division
1841has its executive offices or in the county where the violation
1842occurred.
1843     7.  In addition to subparagraph 6., the division may seek
1844the imposition of a civil penalty through the circuit court for
1845any violation for which the division may issue a notice to show
1846cause under paragraph (q). The civil penalty shall be at least
1847$500 but no more than $5,000 for each violation. The court may
1848also award to the prevailing party court costs and reasonable
1849attorney's fees and, if the division prevails, may also award
1850reasonable costs of investigation.
1851     (e)  The division may is authorized to prepare and
1852disseminate a prospectus and other information to assist
1853prospective owners, purchasers, lessees, and developers of
1854residential condominiums in assessing the rights, privileges,
1855and duties pertaining thereto.
1856     (f)  The division has authority to adopt rules pursuant to
1857ss. 120.536(1) and 120.54 to implement and enforce the
1858provisions of this chapter.
1859     (g)  The division shall establish procedures for providing
1860notice to an association when the division is considering the
1861issuance of a declaratory statement with respect to the
1862declaration of condominium or any related document governing in
1863such condominium community.
1864     (h)  The division shall furnish each association which pays
1865the fees required by paragraph (2)(a) a copy of this act,
1866subsequent changes to this act on an annual basis, an amended
1867version of this act as it becomes available from the Secretary
1868of State's office on a biennial basis, and the rules adopted
1869promulgated pursuant thereto on an annual basis.
1870     (i)  The division shall annually provide each association
1871with a summary of declaratory statements and formal legal
1872opinions relating to the operations of condominiums which were
1873rendered by the division during the previous year.
1874     (j)  The division shall provide training programs for
1875condominium association board members and unit owners.
1876     (k)  The division shall maintain a toll-free telephone
1877number accessible to condominium unit owners.
1878     (l)  The division shall develop a program to certify both
1879volunteer and paid mediators to provide mediation of condominium
1880disputes. The division shall provide, upon request, a list of
1881such mediators to any association, unit owner, or other
1882participant in arbitration proceedings under s. 718.1255
1883requesting a copy of the list. The division shall include on the
1884list of volunteer mediators only the names of persons who have
1885received at least 20 hours of training in mediation techniques
1886or who have mediated at least 20 disputes. In order to become
1887initially certified by the division, paid mediators must be
1888certified by the Supreme Court to mediate court cases in either
1889county or circuit courts. However, the division may adopt, by
1890rule, additional factors for the certification of paid
1891mediators, which factors must be related to experience,
1892education, or background. Any person initially certified as a
1893paid mediator by the division must, in order to continue to be
1894certified, comply with the factors or requirements imposed by
1895rules adopted by the division.
1896     (m)  When a complaint is made, the division shall conduct
1897its inquiry with due regard to the interests of the affected
1898parties. Within 30 days after receipt of a complaint, the
1899division shall acknowledge the complaint in writing and notify
1900the complainant whether the complaint is within the jurisdiction
1901of the division and whether additional information is needed by
1902the division from the complainant. The division shall conduct
1903its investigation and shall, within 90 days after receipt of the
1904original complaint or of timely requested additional
1905information, take action upon the complaint. However, the
1906failure to complete the investigation within 90 days does not
1907prevent the division from continuing the investigation,
1908accepting or considering evidence obtained or received after 90
1909days, or taking administrative action if reasonable cause exists
1910to believe that a violation of this chapter or a rule of the
1911division has occurred. If an investigation is not completed
1912within the time limits established in this paragraph, the
1913division shall, on a monthly basis, notify the complainant in
1914writing of the status of the investigation. When reporting its
1915action to the complainant, the division shall inform the
1916complainant of any right to a hearing pursuant to ss. 120.569
1917and 120.57.
1918     (n)  The division may:
1919     1.  Contract with agencies in this state or other
1920jurisdictions to perform investigative functions; or
1921     2.  Accept grants-in-aid from any source.
1922     (o)  The division shall cooperate with similar agencies in
1923other jurisdictions to establish uniform filing procedures and
1924forms, public offering statements, advertising standards, and
1925rules and common administrative practices.
1926     (p)  The division shall consider notice to a developer to
1927be complete when it is delivered to the developer's address
1928currently on file with the division.
1929     (q)  In addition to its enforcement authority, the division
1930may issue a notice to show cause, which shall provide for a
1931hearing, upon written request, in accordance with chapter 120.
1932     (2)(a)  Effective January 1, 1992, Each condominium
1933association which operates more than two units shall pay to the
1934division an annual fee in the amount of $4 for each residential
1935unit in condominiums operated by the association. If the fee is
1936not paid by March 1, then the association shall be assessed a
1937penalty of 10 percent of the amount due, and the association
1938will not have standing to maintain or defend any action in the
1939courts of this state until the amount due, plus any penalty, is
1940paid.
1941     (b)  All fees shall be deposited in the Division of Florida
1942Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
1943Fund as provided by law.
1944     Section 46.  Subsection (1) of section 718.5011, Florida
1945Statutes, is amended to read:
1946     718.5011  Ombudsman; appointment; administration.--
1947     (1)  There is created an Office of the Condominium
1948Ombudsman, to be located for administrative purposes within the
1949Division of Florida Land Sales, Condominiums, Timeshares, and
1950Mobile Homes. The functions of the office shall be funded by the
1951Division of Florida Land Sales, Condominiums, Timeshares, and
1952Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
1953of the division, and the office shall be set within the division
1954in the same manner as any other bureau is staffed and funded.
1955     Section 47.  Paragraph (a) of subsection (2) of section
1956718.502, Florida Statutes, is amended to read:
1957     718.502  Filing prior to sale or lease.--
1958     (2)(a)  Prior to filing as required by subsection (1), and
1959prior to acquiring an ownership, leasehold, or contractual
1960interest in the land upon which the condominium is to be
1961developed, a developer shall not offer a contract for purchase
1962of a unit or lease of a unit for more than 5 years. However, the
1963developer may accept deposits for reservations upon the approval
1964of a fully executed escrow agreement and reservation agreement
1965form properly filed with the Division of Florida Land Sales,
1966Condominiums, Timeshares, and Mobile Homes. Each filing of a
1967proposed reservation program shall be accompanied by a filing
1968fee of $250. Reservations shall not be taken on a proposed
1969condominium unless the developer has an ownership, leasehold, or
1970contractual interest in the land upon which the condominium is
1971to be developed. The division shall notify the developer within
197220 days of receipt of the reservation filing of any deficiencies
1973contained therein. Such notification shall not preclude the
1974determination of reservation filing deficiencies at a later
1975date, nor shall it relieve the developer of any responsibility
1976under the law. The escrow agreement and the reservation
1977agreement form shall include a statement of the right of the
1978prospective purchaser to an immediate unqualified refund of the
1979reservation deposit moneys upon written request to the escrow
1980agent by the prospective purchaser or the developer.
1981     Section 48.  Section 718.504, Florida Statutes, is amended
1982to read:
1983     718.504  Prospectus or offering circular.--Every developer
1984of a residential condominium which contains more than 20
1985residential units, or which is part of a group of residential
1986condominiums which will be served by property to be used in
1987common by unit owners of more than 20 residential units, shall
1988prepare a prospectus or offering circular and file it with the
1989Division of Florida Land Sales, Condominiums, Timeshares, and
1990Mobile Homes prior to entering into an enforceable contract of
1991purchase and sale of any unit or lease of a unit for more than 5
1992years and shall furnish a copy of the prospectus or offering
1993circular to each buyer. In addition to the prospectus or
1994offering circular, each buyer shall be furnished a separate page
1995entitled "Frequently Asked Questions and Answers," which shall
1996be in accordance with a format approved by the division and a
1997copy of the financial information required by s. 718.111. This
1998page shall, in readable language, inform prospective purchasers
1999regarding their voting rights and unit use restrictions,
2000including restrictions on the leasing of a unit; shall indicate
2001whether and in what amount the unit owners or the association is
2002obligated to pay rent or land use fees for recreational or other
2003commonly used facilities; shall contain a statement identifying
2004that amount of assessment which, pursuant to the budget, would
2005be levied upon each unit type, exclusive of any special
2006assessments, and which shall further identify the basis upon
2007which assessments are levied, whether monthly, quarterly, or
2008otherwise; shall state and identify any court cases in which the
2009association is currently a party of record in which the
2010association may face liability in excess of $100,000; and which
2011shall further state whether membership in a recreational
2012facilities association is mandatory, and if so, shall identify
2013the fees currently charged per unit type. The division shall by
2014rule require such other disclosure as in its judgment will
2015assist prospective purchasers. The prospectus or offering
2016circular may include more than one condominium, although not all
2017such units are being offered for sale as of the date of the
2018prospectus or offering circular. The prospectus or offering
2019circular must contain the following information:
2020     (1)  The front cover or the first page must contain only:
2021     (a)  The name of the condominium.
2022     (b)  The following statements in conspicuous type:
2023     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2024MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2025     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2026NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2027ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2028MATERIALS.
2029     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2030STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2031PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2032REPRESENTATIONS.
2033     (2)  Summary: The next page must contain all statements
2034required to be in conspicuous type in the prospectus or offering
2035circular.
2036     (3)  A separate index of the contents and exhibits of the
2037prospectus.
2038     (4)  Beginning on the first page of the text (not including
2039the summary and index), a description of the condominium,
2040including, but not limited to, the following information:
2041     (a)  Its name and location.
2042     (b)  A description of the condominium property, including,
2043without limitation:
2044     1.  The number of buildings, the number of units in each
2045building, the number of bathrooms and bedrooms in each unit, and
2046the total number of units, if the condominium is not a phase
2047condominium, or the maximum number of buildings that may be
2048contained within the condominium, the minimum and maximum
2049numbers of units in each building, the minimum and maximum
2050numbers of bathrooms and bedrooms that may be contained in each
2051unit, and the maximum number of units that may be contained
2052within the condominium, if the condominium is a phase
2053condominium.
2054     2.  The page in the condominium documents where a copy of
2055the plot plan and survey of the condominium is located.
2056     3.  The estimated latest date of completion of
2057constructing, finishing, and equipping. In lieu of a date, the
2058description shall include a statement that the estimated date of
2059completion of the condominium is in the purchase agreement and a
2060reference to the article or paragraph containing that
2061information.
2062     (c)  The maximum number of units that will use facilities
2063in common with the condominium. If the maximum number of units
2064will vary, a description of the basis for variation and the
2065minimum amount of dollars per unit to be spent for additional
2066recreational facilities or enlargement of such facilities. If
2067the addition or enlargement of facilities will result in a
2068material increase of a unit owner's maintenance expense or
2069rental expense, if any, the maximum increase and limitations
2070thereon shall be stated.
2071     (5)(a)  A statement in conspicuous type describing whether
2072the condominium is created and being sold as fee simple
2073interests or as leasehold interests. If the condominium is
2074created or being sold on a leasehold, the location of the lease
2075in the disclosure materials shall be stated.
2076     (b)  If timeshare estates are or may be created with
2077respect to any unit in the condominium, a statement in
2078conspicuous type stating that timeshare estates are created and
2079being sold in units in the condominium.
2080     (6)  A description of the recreational and other commonly
2081used facilities that will be used only by unit owners of the
2082condominium, including, but not limited to, the following:
2083     (a)  Each room and its intended purposes, location,
2084approximate floor area, and capacity in numbers of people.
2085     (b)  Each swimming pool, as to its general location,
2086approximate size and depths, approximate deck size and capacity,
2087and whether heated.
2088     (c)  Additional facilities, as to the number of each
2089facility, its approximate location, approximate size, and
2090approximate capacity.
2091     (d)  A general description of the items of personal
2092property and the approximate number of each item of personal
2093property that the developer is committing to furnish for each
2094room or other facility or, in the alternative, a representation
2095as to the minimum amount of expenditure that will be made to
2096purchase the personal property for the facility.
2097     (e)  The estimated date when each room or other facility
2098will be available for use by the unit owners.
2099     (f)1.  An identification of each room or other facility to
2100be used by unit owners that will not be owned by the unit owners
2101or the association;
2102     2.  A reference to the location in the disclosure materials
2103of the lease or other agreements providing for the use of those
2104facilities; and
2105     3.  A description of the terms of the lease or other
2106agreements, including the length of the term; the rent payable,
2107directly or indirectly, by each unit owner, and the total rent
2108payable to the lessor, stated in monthly and annual amounts for
2109the entire term of the lease; and a description of any option to
2110purchase the property leased under any such lease, including the
2111time the option may be exercised, the purchase price or how it
2112is to be determined, the manner of payment, and whether the
2113option may be exercised for a unit owner's share or only as to
2114the entire leased property.
2115     (g)  A statement as to whether the developer may provide
2116additional facilities not described above; their general
2117locations and types; improvements or changes that may be made;
2118the approximate dollar amount to be expended; and the maximum
2119additional common expense or cost to the individual unit owners
2120that may be charged during the first annual period of operation
2121of the modified or added facilities.
2122
2123Descriptions as to locations, areas, capacities, numbers,
2124volumes, or sizes may be stated as approximations or minimums.
2125     (7)  A description of the recreational and other facilities
2126that will be used in common with other condominiums, community
2127associations, or planned developments which require the payment
2128of the maintenance and expenses of such facilities, either
2129directly or indirectly, by the unit owners. The description
2130shall include, but not be limited to, the following:
2131     (a)  Each building and facility committed to be built.
2132     (b)  Facilities not committed to be built except under
2133certain conditions, and a statement of those conditions or
2134contingencies.
2135     (c)  As to each facility committed to be built, or which
2136will be committed to be built upon the happening of one of the
2137conditions in paragraph (b), a statement of whether it will be
2138owned by the unit owners having the use thereof or by an
2139association or other entity which will be controlled by them, or
2140others, and the location in the exhibits of the lease or other
2141document providing for use of those facilities.
2142     (d)  The year in which each facility will be available for
2143use by the unit owners or, in the alternative, the maximum
2144number of unit owners in the project at the time each of all of
2145the facilities is committed to be completed.
2146     (e)  A general description of the items of personal
2147property, and the approximate number of each item of personal
2148property, that the developer is committing to furnish for each
2149room or other facility or, in the alternative, a representation
2150as to the minimum amount of expenditure that will be made to
2151purchase the personal property for the facility.
2152     (f)  If there are leases, a description thereof, including
2153the length of the term, the rent payable, and a description of
2154any option to purchase.
2155
2156Descriptions shall include location, areas, capacities, numbers,
2157volumes, or sizes and may be stated as approximations or
2158minimums.
2159     (8)  Recreation lease or associated club membership:
2160     (a)  If any recreational facilities or other facilities
2161offered by the developer and available to, or to be used by,
2162unit owners are to be leased or have club membership associated,
2163the following statement in conspicuous type shall be included:
2164THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2165CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2166CONDOMINIUM. There shall be a reference to the location in the
2167disclosure materials where the recreation lease or club
2168membership is described in detail.
2169     (b)  If it is mandatory that unit owners pay a fee, rent,
2170dues, or other charges under a recreational facilities lease or
2171club membership for the use of facilities, there shall be in
2172conspicuous type the applicable statement:
2173     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2174MANDATORY FOR UNIT OWNERS; or
2175     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2176TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2177     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2178COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2179REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2180LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2181     4.  A similar statement of the nature of the organization
2182or the manner in which the use rights are created, and that unit
2183owners are required to pay.
2184
2185Immediately following the applicable statement, the location in
2186the disclosure materials where the development is described in
2187detail shall be stated.
2188     (c)  If the developer, or any other person other than the
2189unit owners and other persons having use rights in the
2190facilities, reserves, or is entitled to receive, any rent, fee,
2191or other payment for the use of the facilities, then there shall
2192be the following statement in conspicuous type: THE UNIT OWNERS
2193OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2194RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2195following this statement, the location in the disclosure
2196materials where the rent or land use fees are described in
2197detail shall be stated.
2198     (d)  If, in any recreation format, whether leasehold, club,
2199or other, any person other than the association has the right to
2200a lien on the units to secure the payment of assessments, rent,
2201or other exactions, there shall appear a statement in
2202conspicuous type in substantially the following form:
2203     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2204SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2205RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2206PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2207     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2208SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2209FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2210OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2211THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2212
2213Immediately following the applicable statement, the location in
2214the disclosure materials where the lien or lien right is
2215described in detail shall be stated.
2216     (9)  If the developer or any other person has the right to
2217increase or add to the recreational facilities at any time after
2218the establishment of the condominium whose unit owners have use
2219rights therein, without the consent of the unit owners or
2220associations being required, there shall appear a statement in
2221conspicuous type in substantially the following form:
2222RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2223OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2224statement, the location in the disclosure materials where such
2225reserved rights are described shall be stated.
2226     (10)  A statement of whether the developer's plan includes
2227a program of leasing units rather than selling them, or leasing
2228units and selling them subject to such leases. If so, there
2229shall be a description of the plan, including the number and
2230identification of the units and the provisions and term of the
2231proposed leases, and a statement in boldfaced type that: THE
2232UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2233     (11)  The arrangements for management of the association
2234and maintenance and operation of the condominium property and of
2235other property that will serve the unit owners of the
2236condominium property, and a description of the management
2237contract and all other contracts for these purposes having a
2238term in excess of 1 year, including the following:
2239     (a)  The names of contracting parties.
2240     (b)  The term of the contract.
2241     (c)  The nature of the services included.
2242     (d)  The compensation, stated on a monthly and annual
2243basis, and provisions for increases in the compensation.
2244     (e)  A reference to the volumes and pages of the
2245condominium documents and of the exhibits containing copies of
2246such contracts.
2247
2248Copies of all described contracts shall be attached as exhibits.
2249If there is a contract for the management of the condominium
2250property, then a statement in conspicuous type in substantially
2251the following form shall appear, identifying the proposed or
2252existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2253THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2254CONTRACT MANAGER). Immediately following this statement, the
2255location in the disclosure materials of the contract for
2256management of the condominium property shall be stated.
2257     (12)  If the developer or any other person or persons other
2258than the unit owners has the right to retain control of the
2259board of administration of the association for a period of time
2260which can exceed 1 year after the closing of the sale of a
2261majority of the units in that condominium to persons other than
2262successors or alternate developers, then a statement in
2263conspicuous type in substantially the following form shall be
2264included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2265RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2266HAVE BEEN SOLD. Immediately following this statement, the
2267location in the disclosure materials where this right to control
2268is described in detail shall be stated.
2269     (13)  If there are any restrictions upon the sale,
2270transfer, conveyance, or leasing of a unit, then a statement in
2271conspicuous type in substantially the following form shall be
2272included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2273CONTROLLED. Immediately following this statement, the location
2274in the disclosure materials where the restriction, limitation,
2275or control on the sale, lease, or transfer of units is described
2276in detail shall be stated.
2277     (14)  If the condominium is part of a phase project, the
2278following information shall be stated:
2279     (a)  A statement in conspicuous type in substantially the
2280following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2281UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2282this statement, the location in the disclosure materials where
2283the phasing is described shall be stated.
2284     (b)  A summary of the provisions of the declaration which
2285provide for the phasing.
2286     (c)  A statement as to whether or not residential buildings
2287and units which are added to the condominium may be
2288substantially different from the residential buildings and units
2289originally in the condominium. If the added residential
2290buildings and units may be substantially different, there shall
2291be a general description of the extent to which such added
2292residential buildings and units may differ, and a statement in
2293conspicuous type in substantially the following form shall be
2294included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2295MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2296UNITS IN THE CONDOMINIUM. Immediately following this statement,
2297the location in the disclosure materials where the extent to
2298which added residential buildings and units may substantially
2299differ is described shall be stated.
2300     (d)  A statement of the maximum number of buildings
2301containing units, the maximum and minimum numbers of units in
2302each building, the maximum number of units, and the minimum and
2303maximum square footage of the units that may be contained within
2304each parcel of land which may be added to the condominium.
2305     (15)  If a condominium created on or after July 1, 2000, is
2306or may become part of a multicondominium, the following
2307information must be provided:
2308     (a)  A statement in conspicuous type in substantially the
2309following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2310MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2311(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2312this statement, the location in the prospectus or offering
2313circular and its exhibits where the multicondominium aspects of
2314the offering are described must be stated.
2315     (b)  A summary of the provisions in the declaration,
2316articles of incorporation, and bylaws which establish and
2317provide for the operation of the multicondominium, including a
2318statement as to whether unit owners in the condominium will have
2319the right to use recreational or other facilities located or
2320planned to be located in other condominiums operated by the same
2321association, and the manner of sharing the common expenses
2322related to such facilities.
2323     (c)  A statement of the minimum and maximum number of
2324condominiums, and the minimum and maximum number of units in
2325each of those condominiums, which will or may be operated by the
2326association, and the latest date by which the exact number will
2327be finally determined.
2328     (d)  A statement as to whether any of the condominiums in
2329the multicondominium may include units intended to be used for
2330nonresidential purposes and the purpose or purposes permitted
2331for such use.
2332     (e)  A general description of the location and approximate
2333acreage of any land on which any additional condominiums to be
2334operated by the association may be located.
2335     (16)  If the condominium is created by conversion of
2336existing improvements, the following information shall be
2337stated:
2338     (a)  The information required by s. 718.616.
2339     (b)  A caveat that there are no express warranties unless
2340they are stated in writing by the developer.
2341     (17)  A summary of the restrictions, if any, to be imposed
2342on units concerning the use of any of the condominium property,
2343including statements as to whether there are restrictions upon
2344children and pets, and reference to the volumes and pages of the
2345condominium documents where such restrictions are found, or if
2346such restrictions are contained elsewhere, then a copy of the
2347documents containing the restrictions shall be attached as an
2348exhibit.
2349     (18)  If there is any land that is offered by the developer
2350for use by the unit owners and that is neither owned by them nor
2351leased to them, the association, or any entity controlled by
2352unit owners and other persons having the use rights to such
2353land, a statement shall be made as to how such land will serve
2354the condominium. If any part of such land will serve the
2355condominium, the statement shall describe the land and the
2356nature and term of service, and the declaration or other
2357instrument creating such servitude shall be included as an
2358exhibit.
2359     (19)  The manner in which utility and other services,
2360including, but not limited to, sewage and waste disposal, water
2361supply, and storm drainage, will be provided and the person or
2362entity furnishing them.
2363     (20)  An explanation of the manner in which the
2364apportionment of common expenses and ownership of the common
2365elements has been determined.
2366     (21)  An estimated operating budget for the condominium and
2367the association, and a schedule of the unit owner's expenses
2368shall be attached as an exhibit and shall contain the following
2369information:
2370     (a)  The estimated monthly and annual expenses of the
2371condominium and the association that are collected from unit
2372owners by assessments.
2373     (b)  The estimated monthly and annual expenses of each unit
2374owner for a unit, other than common expenses paid by all unit
2375owners, payable by the unit owner to persons or entities other
2376than the association, as well as to the association, including
2377fees assessed pursuant to s. 718.113(1) for maintenance of
2378limited common elements where such costs are shared only by
2379those entitled to use the limited common element, and the total
2380estimated monthly and annual expense. There may be excluded from
2381this estimate expenses which are not provided for or
2382contemplated by the condominium documents, including, but not
2383limited to, the costs of private telephone; maintenance of the
2384interior of condominium units, which is not the obligation of
2385the association; maid or janitorial services privately
2386contracted for by the unit owners; utility bills billed directly
2387to each unit owner for utility services to his or her unit;
2388insurance premiums other than those incurred for policies
2389obtained by the condominium; and similar personal expenses of
2390the unit owner. A unit owner's estimated payments for
2391assessments shall also be stated in the estimated amounts for
2392the times when they will be due.
2393     (c)  The estimated items of expenses of the condominium and
2394the association, except as excluded under paragraph (b),
2395including, but not limited to, the following items, which shall
2396be stated either as an association expense collectible by
2397assessments or as unit owners' expenses payable to persons other
2398than the association:
2399     1.  Expenses for the association and condominium:
2400     a.  Administration of the association.
2401     b.  Management fees.
2402     c.  Maintenance.
2403     d.  Rent for recreational and other commonly used
2404facilities.
2405     e.  Taxes upon association property.
2406     f.  Taxes upon leased areas.
2407     g.  Insurance.
2408     h.  Security provisions.
2409     i.  Other expenses.
2410     j.  Operating capital.
2411     k.  Reserves.
2412     l.  Fees payable to the division.
2413     2.  Expenses for a unit owner:
2414     a.  Rent for the unit, if subject to a lease.
2415     b.  Rent payable by the unit owner directly to the lessor
2416or agent under any recreational lease or lease for the use of
2417commonly used facilities, which use and payment is a mandatory
2418condition of ownership and is not included in the common expense
2419or assessments for common maintenance paid by the unit owners to
2420the association.
2421     (d)  The following statement in conspicuous type: THE
2422BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2423ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2424ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2425FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2426ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2427CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2428THE OFFERING.
2429     (e)  Each budget for an association prepared by a developer
2430consistent with this subsection shall be prepared in good faith
2431and shall reflect accurate estimated amounts for the required
2432items in paragraph (c) at the time of the filing of the offering
2433circular with the division, and subsequent increased amounts of
2434any item included in the association's estimated budget that are
2435beyond the control of the developer shall not be considered an
2436amendment that would give rise to rescission rights set forth in
2437s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2438or otherwise affect any guarantee of the developer contained in
2439the offering circular or any purchase contract. It is the intent
2440of this paragraph to clarify existing law.
2441     (f)  The estimated amounts shall be stated for a period of
2442at least 12 months and may distinguish between the period prior
2443to the time unit owners other than the developer elect a
2444majority of the board of administration and the period after
2445that date.
2446     (22)  A schedule of estimated closing expenses to be paid
2447by a buyer or lessee of a unit and a statement of whether title
2448opinion or title insurance policy is available to the buyer and,
2449if so, at whose expense.
2450     (23)  The identity of the developer and the chief operating
2451officer or principal directing the creation and sale of the
2452condominium and a statement of its and his or her experience in
2453this field.
2454     (24)  Copies of the following, to the extent they are
2455applicable, shall be included as exhibits:
2456     (a)  The declaration of condominium, or the proposed
2457declaration if the declaration has not been recorded.
2458     (b)  The articles of incorporation creating the
2459association.
2460     (c)  The bylaws of the association.
2461     (d)  The ground lease or other underlying lease of the
2462condominium.
2463     (e)  The management agreement and all maintenance and other
2464contracts for management of the association and operation of the
2465condominium and facilities used by the unit owners having a
2466service term in excess of 1 year.
2467     (f)  The estimated operating budget for the condominium and
2468the required schedule of unit owners' expenses.
2469     (g)  A copy of the floor plan of the unit and the plot plan
2470showing the location of the residential buildings and the
2471recreation and other common areas.
2472     (h)  The lease of recreational and other facilities that
2473will be used only by unit owners of the subject condominium.
2474     (i)  The lease of facilities used by owners and others.
2475     (j)  The form of unit lease, if the offer is of a
2476leasehold.
2477     (k)  A declaration of servitude of properties serving the
2478condominium but not owned by unit owners or leased to them or
2479the association.
2480     (l)  The statement of condition of the existing building or
2481buildings, if the offering is of units in an operation being
2482converted to condominium ownership.
2483     (m)  The statement of inspection for termite damage and
2484treatment of the existing improvements, if the condominium is a
2485conversion.
2486     (n)  The form of agreement for sale or lease of units.
2487     (o)  A copy of the agreement for escrow of payments made to
2488the developer prior to closing.
2489     (p)  A copy of the documents containing any restrictions on
2490use of the property required by subsection (17).
2491     (25)  Any prospectus or offering circular complying, prior
2492to the effective date of this act, with the provisions of former
2493ss. 711.69 and 711.802 may continue to be used without amendment
2494or may be amended to comply with the provisions of this chapter.
2495     (26)  A brief narrative description of the location and
2496effect of all existing and intended easements located or to be
2497located on the condominium property other than those described
2498in the declaration.
2499     (27)  If the developer is required by state or local
2500authorities to obtain acceptance or approval of any dock or
2501marina facilities intended to serve the condominium, a copy of
2502any such acceptance or approval acquired by the time of filing
2503with the division under s. 718.502(1) or a statement that such
2504acceptance or approval has not been acquired or received.
2505     (28)  Evidence demonstrating that the developer has an
2506ownership, leasehold, or contractual interest in the land upon
2507which the condominium is to be developed.
2508     Section 49.  Section 718.508, Florida Statutes, is amended
2509to read:
2510     718.508  Regulation by Division of Hotels and
2511Restaurants.--In addition to the authority, regulation, or
2512control exercised by the Division of Florida Land Sales,
2513Condominiums, Timeshares, and Mobile Homes pursuant to this act
2514with respect to condominiums, buildings included in a
2515condominium property are shall be subject to the authority,
2516regulation, or control of the Division of Hotels and Restaurants
2517of the Department of Business and Professional Regulation, to
2518the extent provided for in chapter 399.
2519     Section 50.  Section 718.509, Florida Statutes, is amended,
2520and section 498.019, Florida Statutes, is transferred,
2521renumbered as subsections (1) and (2) of that section, and
2522amended to read:
2523     718.509  Division of Florida Land Sales, Condominiums,
2524Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2525the division and any amount paid for a fee or penalty under this
2526chapter shall be deposited in the State Treasury to the credit
2527of the Division of Florida Land Sales, Condominiums, and Mobile
2528Homes Trust Fund created by s. 498.019.
2529     498.019  Division of Florida Land Sales, Condominiums, and
2530Mobile Homes Trust Fund.--
2531     (1)  There is created within the State Treasury the
2532Division of Florida Land Sales, Condominiums, Timeshares, and
2533Mobile Homes Trust Fund to be used for the administration and
2534operation of this chapter and chapters 718, 719, 721, and 723 by
2535the division.
2536     (2)  All moneys collected by the division from fees, fines,
2537or penalties or from costs awarded to the division by a court or
2538administrative final order shall be paid into the Division of
2539Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2540Trust Fund. The Legislature shall appropriate funds from this
2541trust fund sufficient to carry out the provisions of this
2542chapter and the provisions of law with respect to each category
2543of business covered by the this trust fund. The division shall
2544maintain separate revenue accounts in the trust fund for each of
2545the businesses regulated by the division. The division shall
2546provide for the proportionate allocation among the accounts of
2547expenses incurred by the division in the performance of its
2548duties with respect to each of these businesses. As part of its
2549normal budgetary process, the division shall prepare an annual
2550report of revenue and allocated expenses related to the
2551operation of each of these businesses which may be used to
2552determine fees charged by the division. This subsection shall
2553operate pursuant to the provisions of s. 215.20.
2554     Section 51.  Paragraph (a) of subsection (2) of section
2555718.608, Florida Statutes, is amended to read:
2556     718.608  Notice of intended conversion; time of delivery;
2557content.--
2558     (2)(a)  Each notice of intended conversion shall be dated
2559and in writing. The notice shall contain the following
2560statement, with the phrases of the following statement which
2561appear in upper case printed in conspicuous type:
2562
2563     These apartments are being converted to condominium by  
2564(name of developer)  , the developer.
2565     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2566YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2567AGREEMENT AS FOLLOWS:
2568     a.  If you have continuously been a resident of these
2569apartments during the last 180 days and your rental agreement
2570expires during the next 270 days, you may extend your rental
2571agreement for up to 270 days after the date of this notice.
2572     b.  If you have not been a continuous resident of these
2573apartments for the last 180 days and your rental agreement
2574expires during the next 180 days, you may extend your rental
2575agreement for up to 180 days after the date of this notice.
2576     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2577MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2578DATE OF THIS NOTICE.
2579     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2580you may extend your rental agreement for up to 45 days after the
2581date of this notice while you decide whether to extend your
2582rental agreement as explained above. To do so, you must notify
2583the developer in writing. You will then have the full 45 days to
2584decide whether to extend your rental agreement as explained
2585above.
2586     3.  During the extension of your rental agreement you will
2587be charged the same rent that you are now paying.
2588     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2589OF THE RENTAL AGREEMENT AS FOLLOWS:
2590     a.  If your rental agreement began or was extended or
2591renewed after May 1, 1980, and your rental agreement, including
2592extensions and renewals, has an unexpired term of 180 days or
2593less, you may cancel your rental agreement upon 30 days' written
2594notice and move. Also, upon 30 days' written notice, you may
2595cancel any extension of the rental agreement.
2596     b.  If your rental agreement was not begun or was not
2597extended or renewed after May 1, 1980, you may not cancel the
2598rental agreement without the consent of the developer. If your
2599rental agreement, including extensions and renewals, has an
2600unexpired term of 180 days or less, you may, however, upon 30
2601days' written notice cancel any extension of the rental
2602agreement.
2603     5.  All notices must be given in writing and sent by mail,
2604return receipt requested, or delivered in person to the
2605developer at this address:   (name and address of developer)  .
2606     6.  If you have continuously been a resident of these
2607apartments during the last 180 days:
2608     a.  You have the right to purchase your apartment and will
2609have 45 days to decide whether to purchase. If you do not buy
2610the unit at that price and the unit is later offered at a lower
2611price, you will have the opportunity to buy the unit at the
2612lower price. However, in all events your right to purchase the
2613unit ends when the rental agreement or any extension of the
2614rental agreement ends or when you waive this right in writing.
2615     b.  Within 90 days you will be provided purchase
2616information relating to your apartment, including the price of
2617your unit and the condition of the building. If you do not
2618receive this information within 90 days, your rental agreement
2619and any extension will be extended 1 day for each day over 90
2620days until you are given the purchase information. If you do not
2621want this rental agreement extension, you must notify the
2622developer in writing.
2623     7.  If you have any questions regarding this conversion or
2624the Condominium Act, you may contact the developer or the state
2625agency which regulates condominiums: The Division of Florida
2626Land Sales, Condominiums, Timeshares, and Mobile Homes,  
2627(Tallahassee address and telephone number of division)  .
2628     Section 52.  Subsection (17) of section 719.103, Florida
2629Statutes, is amended to read:
2630     719.103  Definitions.--As used in this chapter:
2631     (17)  "Division" means the Division of Florida Land Sales,
2632Condominiums, Timeshares, and Mobile Homes of the Department of
2633Business and Professional Regulation.
2634     Section 53.  Section 719.1255, Florida Statutes, is amended
2635to read:
2636     719.1255  Alternative resolution of disputes.--The Division
2637of Florida Land Sales, Condominiums, Timeshares, and Mobile
2638Homes of the Department of Business and Professional Regulation
2639shall provide for alternative dispute resolution in accordance
2640with s. 718.1255.
2641     Section 54.  Section 719.501, Florida Statutes, is amended
2642to read:
2643     719.501  Powers and duties of Division of Florida Land
2644Sales, Condominiums, Timeshares, and Mobile Homes.--
2645     (1)  The Division of Florida Land Sales, Condominiums,
2646Timeshares, and Mobile Homes of the Department of Business and
2647Professional Regulation, referred to as the "division" in this
2648part, in addition to other powers and duties prescribed by
2649chapter 718 498, has the power to enforce and ensure compliance
2650with the provisions of this chapter and adopted rules
2651promulgated pursuant hereto relating to the development,
2652construction, sale, lease, ownership, operation, and management
2653of residential cooperative units. In performing its duties, the
2654division shall have the following powers and duties:
2655     (a)  The division may make necessary public or private
2656investigations within or outside this state to determine whether
2657any person has violated this chapter or any rule or order
2658hereunder, to aid in the enforcement of this chapter, or to aid
2659in the adoption of rules or forms hereunder.
2660     (b)  The division may require or permit any person to file
2661a statement in writing, under oath or otherwise, as the division
2662determines, as to the facts and circumstances concerning a
2663matter to be investigated.
2664     (c)  For the purpose of any investigation under this
2665chapter, the division director or any officer or employee
2666designated by the division director may administer oaths or
2667affirmations, subpoena witnesses and compel their attendance,
2668take evidence, and require the production of any matter which is
2669relevant to the investigation, including the existence,
2670description, nature, custody, condition, and location of any
2671books, documents, or other tangible things and the identity and
2672location of persons having knowledge of relevant facts or any
2673other matter reasonably calculated to lead to the discovery of
2674material evidence. Upon failure by a person to obey a subpoena
2675or to answer questions propounded by the investigating officer
2676and upon reasonable notice to all persons affected thereby, the
2677division may apply to the circuit court for an order compelling
2678compliance.
2679     (d)  Notwithstanding any remedies available to unit owners
2680and associations, if the division has reasonable cause to
2681believe that a violation of any provision of this chapter or
2682related rule promulgated pursuant hereto has occurred, the
2683division may institute enforcement proceedings in its own name
2684against a developer, association, officer, or member of the
2685board, or its assignees or agents, as follows:
2686     1.  The division may permit a person whose conduct or
2687actions may be under investigation to waive formal proceedings
2688and enter into a consent proceeding whereby orders, rules, or
2689letters of censure or warning, whether formal or informal, may
2690be entered against the person.
2691     2.  The division may issue an order requiring the
2692developer, association, officer, or member of the board, or its
2693assignees or agents, to cease and desist from the unlawful
2694practice and take such affirmative action as in the judgment of
2695the division will carry out the purposes of this chapter. Such
2696affirmative action may include, but is not limited to, an order
2697requiring a developer to pay moneys determined to be owed to a
2698condominium association.
2699     3.  The division may bring an action in circuit court on
2700behalf of a class of unit owners, lessees, or purchasers for
2701declaratory relief, injunctive relief, or restitution.
2702     4.  The division may impose a civil penalty against a
2703developer or association, or its assignees or agents, for any
2704violation of this chapter or related a rule promulgated pursuant
2705hereto. The division may impose a civil penalty individually
2706against any officer or board member who willfully and knowingly
2707violates a provision of this chapter, a rule adopted pursuant to
2708this chapter, or a final order of the division. The term
2709"willfully and knowingly" means that the division informed the
2710officer or board member that his or her action or intended
2711action violates this chapter, a rule adopted under this chapter,
2712or a final order of the division, and that the officer or board
2713member refused to comply with the requirements of this chapter,
2714a rule adopted under this chapter, or a final order of the
2715division. The division, prior to initiating formal agency action
2716under chapter 120, shall afford the officer or board member an
2717opportunity to voluntarily comply with this chapter, a rule
2718adopted under this chapter, or a final order of the division. An
2719officer or board member who complies within 10 days is not
2720subject to a civil penalty. A penalty may be imposed on the
2721basis of each day of continuing violation, but in no event shall
2722the penalty for any offense exceed $5,000. By January 1, 1998,
2723the division shall adopt, by rule, penalty guidelines applicable
2724to possible violations or to categories of violations of this
2725chapter or rules adopted by the division. The guidelines must
2726specify a meaningful range of civil penalties for each such
2727violation of the statute and rules and must be based upon the
2728harm caused by the violation, the repetition of the violation,
2729and upon such other factors deemed relevant by the division. For
2730example, the division may consider whether the violations were
2731committed by a developer or owner-controlled association, the
2732size of the association, and other factors. The guidelines must
2733designate the possible mitigating or aggravating circumstances
2734that justify a departure from the range of penalties provided by
2735the rules. It is the legislative intent that minor violations be
2736distinguished from those which endanger the health, safety, or
2737welfare of the cooperative residents or other persons and that
2738such guidelines provide reasonable and meaningful notice to the
2739public of likely penalties that may be imposed for proscribed
2740conduct. This subsection does not limit the ability of the
2741division to informally dispose of administrative actions or
2742complaints by stipulation, agreed settlement, or consent order.
2743All amounts collected shall be deposited with the Chief
2744Financial Officer to the credit of the Division of Florida Land
2745Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
2746a developer fails to pay the civil penalty, the division shall
2747thereupon issue an order directing that such developer cease and
2748desist from further operation until such time as the civil
2749penalty is paid or may pursue enforcement of the penalty in a
2750court of competent jurisdiction. If an association fails to pay
2751the civil penalty, the division shall thereupon pursue
2752enforcement in a court of competent jurisdiction, and the order
2753imposing the civil penalty or the cease and desist order shall
2754not become effective until 20 days after the date of such order.
2755Any action commenced by the division shall be brought in the
2756county in which the division has its executive offices or in the
2757county where the violation occurred.
2758     (e)  The division may is authorized to prepare and
2759disseminate a prospectus and other information to assist
2760prospective owners, purchasers, lessees, and developers of
2761residential cooperatives in assessing the rights, privileges,
2762and duties pertaining thereto.
2763     (f)  The division has authority to adopt rules pursuant to
2764ss. 120.536(1) and 120.54 to implement and enforce the
2765provisions of this chapter.
2766     (g)  The division shall establish procedures for providing
2767notice to an association when the division is considering the
2768issuance of a declaratory statement with respect to the
2769cooperative documents governing such cooperative community.
2770     (h)  The division shall furnish each association which pays
2771the fees required by paragraph (2)(a) a copy of this act,
2772subsequent changes to this act on an annual basis, an amended
2773version of this act as it becomes available from the Secretary
2774of State's office on a biennial basis, and the rules adopted
2775promulgated pursuant thereto on an annual basis.
2776     (i)  The division shall annually provide each association
2777with a summary of declaratory statements and formal legal
2778opinions relating to the operations of cooperatives which were
2779rendered by the division during the previous year.
2780     (j)  The division shall adopt uniform accounting
2781principles, policies, and standards to be used by all
2782associations in the preparation and presentation of all
2783financial statements required by this chapter. The principles,
2784policies, and standards shall take into consideration the size
2785of the association and the total revenue collected by the
2786association.
2787     (k)  The division shall provide training programs for
2788cooperative association board members and unit owners.
2789     (l)  The division shall maintain a toll-free telephone
2790number accessible to cooperative unit owners.
2791     (m)  When a complaint is made to the division, the division
2792shall conduct its inquiry with reasonable dispatch and with due
2793regard to the interests of the affected parties. Within 30 days
2794after receipt of a complaint, the division shall acknowledge the
2795complaint in writing and notify the complainant whether the
2796complaint is within the jurisdiction of the division and whether
2797additional information is needed by the division from the
2798complainant. The division shall conduct its investigation and
2799shall, within 90 days after receipt of the original complaint or
2800timely requested additional information, take action upon the
2801complaint. However, the failure to complete the investigation
2802within 90 days does not prevent the division from continuing the
2803investigation, accepting or considering evidence obtained or
2804received after 90 days, or taking administrative action if
2805reasonable cause exists to believe that a violation of this
2806chapter or a rule of the division has occurred. If an
2807investigation is not completed within the time limits
2808established in this paragraph, the division shall, on a monthly
2809basis, notify the complainant in writing of the status of the
2810investigation. When reporting its action to the complainant, the
2811division shall inform the complainant of any right to a hearing
2812pursuant to ss. 120.569 and 120.57.
2813     (n)  The division shall develop a program to certify both
2814volunteer and paid mediators to provide mediation of cooperative
2815disputes. The division shall provide, upon request, a list of
2816such mediators to any association, unit owner, or other
2817participant in arbitration proceedings under s. 718.1255
2818requesting a copy of the list. The division shall include on the
2819list of voluntary mediators only persons who have received at
2820least 20 hours of training in mediation techniques or have
2821mediated at least 20 disputes. In order to become initially
2822certified by the division, paid mediators must be certified by
2823the Supreme Court to mediate court cases in either county or
2824circuit courts. However, the division may adopt, by rule,
2825additional factors for the certification of paid mediators,
2826which factors must be related to experience, education, or
2827background. Any person initially certified as a paid mediator by
2828the division must, in order to continue to be certified, comply
2829with the factors or requirements imposed by rules adopted by the
2830division.
2831     (2)(a)  Each cooperative association shall pay to the
2832division, on or before January 1 of each year, an annual fee in
2833the amount of $4 for each residential unit in cooperatives
2834operated by the association. If the fee is not paid by March 1,
2835then the association shall be assessed a penalty of 10 percent
2836of the amount due, and the association shall not have the
2837standing to maintain or defend any action in the courts of this
2838state until the amount due is paid.
2839     (b)  All fees shall be deposited in the Division of Florida
2840Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2841Fund as provided by law.
2842     Section 55.  Paragraph (a) of subsection (2) of section
2843719.502, Florida Statutes, is amended to read:
2844     719.502  Filing prior to sale or lease.--
2845     (2)(a)  Prior to filing as required by subsection (1), and
2846prior to acquiring an ownership, leasehold, or contractual
2847interest in the land upon which the cooperative is to be
2848developed, a developer shall not offer a contract for purchase
2849or lease of a unit for more than 5 years. However, the developer
2850may accept deposits for reservations upon the approval of a
2851fully executed escrow agreement and reservation agreement form
2852properly filed with the Division of Florida Land Sales,
2853Condominiums, Timeshares, and Mobile Homes. Each filing of a
2854proposed reservation program shall be accompanied by a filing
2855fee of $250. Reservations shall not be taken on a proposed
2856cooperative unless the developer has an ownership, leasehold, or
2857contractual interest in the land upon which the cooperative is
2858to be developed. The division shall notify the developer within
285920 days of receipt of the reservation filing of any deficiencies
2860contained therein. Such notification shall not preclude the
2861determination of reservation filing deficiencies at a later
2862date, nor shall it relieve the developer of any responsibility
2863under the law. The escrow agreement and the reservation
2864agreement form shall include a statement of the right of the
2865prospective purchaser to an immediate unqualified refund of the
2866reservation deposit moneys upon written request to the escrow
2867agent by the prospective purchaser or the developer.
2868     Section 56.  Section 719.504, Florida Statutes, is amended
2869to read:
2870     719.504  Prospectus or offering circular.--Every developer
2871of a residential cooperative which contains more than 20
2872residential units, or which is part of a group of residential
2873cooperatives which will be served by property to be used in
2874common by unit owners of more than 20 residential units, shall
2875prepare a prospectus or offering circular and file it with the
2876Division of Florida Land Sales, Condominiums, Timeshares, and
2877Mobile Homes prior to entering into an enforceable contract of
2878purchase and sale of any unit or lease of a unit for more than 5
2879years and shall furnish a copy of the prospectus or offering
2880circular to each buyer. In addition to the prospectus or
2881offering circular, each buyer shall be furnished a separate page
2882entitled "Frequently Asked Questions and Answers," which must be
2883in accordance with a format approved by the division. This page
2884must, in readable language: inform prospective purchasers
2885regarding their voting rights and unit use restrictions,
2886including restrictions on the leasing of a unit; indicate
2887whether and in what amount the unit owners or the association is
2888obligated to pay rent or land use fees for recreational or other
2889commonly used facilities; contain a statement identifying that
2890amount of assessment which, pursuant to the budget, would be
2891levied upon each unit type, exclusive of any special
2892assessments, and which identifies the basis upon which
2893assessments are levied, whether monthly, quarterly, or
2894otherwise; state and identify any court cases in which the
2895association is currently a party of record in which the
2896association may face liability in excess of $100,000; and state
2897whether membership in a recreational facilities association is
2898mandatory and, if so, identify the fees currently charged per
2899unit type. The division shall by rule require such other
2900disclosure as in its judgment will assist prospective
2901purchasers. The prospectus or offering circular may include more
2902than one cooperative, although not all such units are being
2903offered for sale as of the date of the prospectus or offering
2904circular. The prospectus or offering circular must contain the
2905following information:
2906     (1)  The front cover or the first page must contain only:
2907     (a)  The name of the cooperative.
2908     (b)  The following statements in conspicuous type:
2909     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2910MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
2911     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2912NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2913ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2914MATERIALS.
2915     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2916STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2917PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2918REPRESENTATIONS.
2919     (2)  Summary: The next page must contain all statements
2920required to be in conspicuous type in the prospectus or offering
2921circular.
2922     (3)  A separate index of the contents and exhibits of the
2923prospectus.
2924     (4)  Beginning on the first page of the text (not including
2925the summary and index), a description of the cooperative,
2926including, but not limited to, the following information:
2927     (a)  Its name and location.
2928     (b)  A description of the cooperative property, including,
2929without limitation:
2930     1.  The number of buildings, the number of units in each
2931building, the number of bathrooms and bedrooms in each unit, and
2932the total number of units, if the cooperative is not a phase
2933cooperative; or, if the cooperative is a phase cooperative, the
2934maximum number of buildings that may be contained within the
2935cooperative, the minimum and maximum number of units in each
2936building, the minimum and maximum number of bathrooms and
2937bedrooms that may be contained in each unit, and the maximum
2938number of units that may be contained within the cooperative.
2939     2.  The page in the cooperative documents where a copy of
2940the survey and plot plan of the cooperative is located.
2941     3.  The estimated latest date of completion of
2942constructing, finishing, and equipping. In lieu of a date, a
2943statement that the estimated date of completion of the
2944cooperative is in the purchase agreement and a reference to the
2945article or paragraph containing that information.
2946     (c)  The maximum number of units that will use facilities
2947in common with the cooperative. If the maximum number of units
2948will vary, a description of the basis for variation and the
2949minimum amount of dollars per unit to be spent for additional
2950recreational facilities or enlargement of such facilities. If
2951the addition or enlargement of facilities will result in a
2952material increase of a unit owner's maintenance expense or
2953rental expense, if any, the maximum increase and limitations
2954thereon shall be stated.
2955     (5)(a)  A statement in conspicuous type describing whether
2956the cooperative is created and being sold as fee simple
2957interests or as leasehold interests. If the cooperative is
2958created or being sold on a leasehold, the location of the lease
2959in the disclosure materials shall be stated.
2960     (b)  If timeshare estates are or may be created with
2961respect to any unit in the cooperative, a statement in
2962conspicuous type stating that timeshare estates are created and
2963being sold in such specified units in the cooperative.
2964     (6)  A description of the recreational and other common
2965areas that will be used only by unit owners of the cooperative,
2966including, but not limited to, the following:
2967     (a)  Each room and its intended purposes, location,
2968approximate floor area, and capacity in numbers of people.
2969     (b)  Each swimming pool, as to its general location,
2970approximate size and depths, approximate deck size and capacity,
2971and whether heated.
2972     (c)  Additional facilities, as to the number of each
2973facility, its approximate location, approximate size, and
2974approximate capacity.
2975     (d)  A general description of the items of personal
2976property and the approximate number of each item of personal
2977property that the developer is committing to furnish for each
2978room or other facility or, in the alternative, a representation
2979as to the minimum amount of expenditure that will be made to
2980purchase the personal property for the facility.
2981     (e)  The estimated date when each room or other facility
2982will be available for use by the unit owners.
2983     (f)1.  An identification of each room or other facility to
2984be used by unit owners that will not be owned by the unit owners
2985or the association;
2986     2.  A reference to the location in the disclosure materials
2987of the lease or other agreements providing for the use of those
2988facilities; and
2989     3.  A description of the terms of the lease or other
2990agreements, including the length of the term; the rent payable,
2991directly or indirectly, by each unit owner, and the total rent
2992payable to the lessor, stated in monthly and annual amounts for
2993the entire term of the lease; and a description of any option to
2994purchase the property leased under any such lease, including the
2995time the option may be exercised, the purchase price or how it
2996is to be determined, the manner of payment, and whether the
2997option may be exercised for a unit owner's share or only as to
2998the entire leased property.
2999     (g)  A statement as to whether the developer may provide
3000additional facilities not described above, their general
3001locations and types, improvements or changes that may be made,
3002the approximate dollar amount to be expended, and the maximum
3003additional common expense or cost to the individual unit owners
3004that may be charged during the first annual period of operation
3005of the modified or added facilities.
3006
3007Descriptions as to locations, areas, capacities, numbers,
3008volumes, or sizes may be stated as approximations or minimums.
3009     (7)  A description of the recreational and other facilities
3010that will be used in common with other cooperatives, community
3011associations, or planned developments which require the payment
3012of the maintenance and expenses of such facilities, either
3013directly or indirectly, by the unit owners. The description
3014shall include, but not be limited to, the following:
3015     (a)  Each building and facility committed to be built.
3016     (b)  Facilities not committed to be built except under
3017certain conditions, and a statement of those conditions or
3018contingencies.
3019     (c)  As to each facility committed to be built, or which
3020will be committed to be built upon the happening of one of the
3021conditions in paragraph (b), a statement of whether it will be
3022owned by the unit owners having the use thereof or by an
3023association or other entity which will be controlled by them, or
3024others, and the location in the exhibits of the lease or other
3025document providing for use of those facilities.
3026     (d)  The year in which each facility will be available for
3027use by the unit owners or, in the alternative, the maximum
3028number of unit owners in the project at the time each of all of
3029the facilities is committed to be completed.
3030     (e)  A general description of the items of personal
3031property, and the approximate number of each item of personal
3032property, that the developer is committing to furnish for each
3033room or other facility or, in the alternative, a representation
3034as to the minimum amount of expenditure that will be made to
3035purchase the personal property for the facility.
3036     (f)  If there are leases, a description thereof, including
3037the length of the term, the rent payable, and a description of
3038any option to purchase.
3039
3040Descriptions shall include location, areas, capacities, numbers,
3041volumes, or sizes and may be stated as approximations or
3042minimums.
3043     (8)  Recreation lease or associated club membership:
3044     (a)  If any recreational facilities or other common areas
3045offered by the developer and available to, or to be used by,
3046unit owners are to be leased or have club membership associated,
3047the following statement in conspicuous type shall be included:
3048THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3049COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3050COOPERATIVE. There shall be a reference to the location in the
3051disclosure materials where the recreation lease or club
3052membership is described in detail.
3053     (b)  If it is mandatory that unit owners pay a fee, rent,
3054dues, or other charges under a recreational facilities lease or
3055club membership for the use of facilities, there shall be in
3056conspicuous type the applicable statement:
3057     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3058MANDATORY FOR UNIT OWNERS; or
3059     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3060TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3061     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3062COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3063REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3064LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3065     4.  A similar statement of the nature of the organization
3066or manner in which the use rights are created, and that unit
3067owners are required to pay.
3068
3069Immediately following the applicable statement, the location in
3070the disclosure materials where the development is described in
3071detail shall be stated.
3072     (c)  If the developer, or any other person other than the
3073unit owners and other persons having use rights in the
3074facilities, reserves, or is entitled to receive, any rent, fee,
3075or other payment for the use of the facilities, then there shall
3076be the following statement in conspicuous type: THE UNIT OWNERS
3077OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3078RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3079statement, the location in the disclosure materials where the
3080rent or land use fees are described in detail shall be stated.
3081     (d)  If, in any recreation format, whether leasehold, club,
3082or other, any person other than the association has the right to
3083a lien on the units to secure the payment of assessments, rent,
3084or other exactions, there shall appear a statement in
3085conspicuous type in substantially the following form:
3086     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3087SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3088RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3089PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3090     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3091SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3092FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3093OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3094PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3095
3096Immediately following the applicable statement, the location in
3097the disclosure materials where the lien or lien right is
3098described in detail shall be stated.
3099     (9)  If the developer or any other person has the right to
3100increase or add to the recreational facilities at any time after
3101the establishment of the cooperative whose unit owners have use
3102rights therein, without the consent of the unit owners or
3103associations being required, there shall appear a statement in
3104conspicuous type in substantially the following form:
3105RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3106OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3107statement, the location in the disclosure materials where such
3108reserved rights are described shall be stated.
3109     (10)  A statement of whether the developer's plan includes
3110a program of leasing units rather than selling them, or leasing
3111units and selling them subject to such leases. If so, there
3112shall be a description of the plan, including the number and
3113identification of the units and the provisions and term of the
3114proposed leases, and a statement in boldfaced type that: THE
3115UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3116     (11)  The arrangements for management of the association
3117and maintenance and operation of the cooperative property and of
3118other property that will serve the unit owners of the
3119cooperative property, and a description of the management
3120contract and all other contracts for these purposes having a
3121term in excess of 1 year, including the following:
3122     (a)  The names of contracting parties.
3123     (b)  The term of the contract.
3124     (c)  The nature of the services included.
3125     (d)  The compensation, stated on a monthly and annual
3126basis, and provisions for increases in the compensation.
3127     (e)  A reference to the volumes and pages of the
3128cooperative documents and of the exhibits containing copies of
3129such contracts.
3130
3131Copies of all described contracts shall be attached as exhibits.
3132If there is a contract for the management of the cooperative
3133property, then a statement in conspicuous type in substantially
3134the following form shall appear, identifying the proposed or
3135existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3136THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3137CONTRACT MANAGER). Immediately following this statement, the
3138location in the disclosure materials of the contract for
3139management of the cooperative property shall be stated.
3140     (12)  If the developer or any other person or persons other
3141than the unit owners has the right to retain control of the
3142board of administration of the association for a period of time
3143which can exceed 1 year after the closing of the sale of a
3144majority of the units in that cooperative to persons other than
3145successors or alternate developers, then a statement in
3146conspicuous type in substantially the following form shall be
3147included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3148RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3149HAVE BEEN SOLD. Immediately following this statement, the
3150location in the disclosure materials where this right to control
3151is described in detail shall be stated.
3152     (13)  If there are any restrictions upon the sale,
3153transfer, conveyance, or leasing of a unit, then a statement in
3154conspicuous type in substantially the following form shall be
3155included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3156CONTROLLED. Immediately following this statement, the location
3157in the disclosure materials where the restriction, limitation,
3158or control on the sale, lease, or transfer of units is described
3159in detail shall be stated.
3160     (14)  If the cooperative is part of a phase project, the
3161following shall be stated:
3162     (a)  A statement in conspicuous type in substantially the
3163following form shall be included: THIS IS A PHASE COOPERATIVE.
3164ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3165Immediately following this statement, the location in the
3166disclosure materials where the phasing is described shall be
3167stated.
3168     (b)  A summary of the provisions of the declaration
3169providing for the phasing.
3170     (c)  A statement as to whether or not residential buildings
3171and units which are added to the cooperative may be
3172substantially different from the residential buildings and units
3173originally in the cooperative, and, if the added residential
3174buildings and units may be substantially different, there shall
3175be a general description of the extent to which such added
3176residential buildings and units may differ, and a statement in
3177conspicuous type in substantially the following form shall be
3178included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3179MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3180UNITS IN THE COOPERATIVE. Immediately following this statement,
3181the location in the disclosure materials where the extent to
3182which added residential buildings and units may substantially
3183differ is described shall be stated.
3184     (d)  A statement of the maximum number of buildings
3185containing units, the maximum and minimum number of units in
3186each building, the maximum number of units, and the minimum and
3187maximum square footage of the units that may be contained within
3188each parcel of land which may be added to the cooperative.
3189     (15)  If the cooperative is created by conversion of
3190existing improvements, the following information shall be
3191stated:
3192     (a)  The information required by s. 719.616.
3193     (b)  A caveat that there are no express warranties unless
3194they are stated in writing by the developer.
3195     (16)  A summary of the restrictions, if any, to be imposed
3196on units concerning the use of any of the cooperative property,
3197including statements as to whether there are restrictions upon
3198children and pets, and reference to the volumes and pages of the
3199cooperative documents where such restrictions are found, or if
3200such restrictions are contained elsewhere, then a copy of the
3201documents containing the restrictions shall be attached as an
3202exhibit.
3203     (17)  If there is any land that is offered by the developer
3204for use by the unit owners and that is neither owned by them nor
3205leased to them, the association, or any entity controlled by
3206unit owners and other persons having the use rights to such
3207land, a statement shall be made as to how such land will serve
3208the cooperative. If any part of such land will serve the
3209cooperative, the statement shall describe the land and the
3210nature and term of service, and the cooperative documents or
3211other instrument creating such servitude shall be included as an
3212exhibit.
3213     (18)  The manner in which utility and other services,
3214including, but not limited to, sewage and waste disposal, water
3215supply, and storm drainage, will be provided and the person or
3216entity furnishing them.
3217     (19)  An explanation of the manner in which the
3218apportionment of common expenses and ownership of the common
3219areas have been determined.
3220     (20)  An estimated operating budget for the cooperative and
3221the association, and a schedule of the unit owner's expenses
3222shall be attached as an exhibit and shall contain the following
3223information:
3224     (a)  The estimated monthly and annual expenses of the
3225cooperative and the association that are collected from unit
3226owners by assessments.
3227     (b)  The estimated monthly and annual expenses of each unit
3228owner for a unit, other than assessments payable to the
3229association, payable by the unit owner to persons or entities
3230other than the association, and the total estimated monthly and
3231annual expense. There may be excluded from this estimate
3232expenses that are personal to unit owners, which are not
3233uniformly incurred by all unit owners, or which are not provided
3234for or contemplated by the cooperative documents, including, but
3235not limited to, the costs of private telephone; maintenance of
3236the interior of cooperative units, which is not the obligation
3237of the association; maid or janitorial services privately
3238contracted for by the unit owners; utility bills billed directly
3239to each unit owner for utility services to his or her unit;
3240insurance premiums other than those incurred for policies
3241obtained by the cooperative; and similar personal expenses of
3242the unit owner. A unit owner's estimated payments for
3243assessments shall also be stated in the estimated amounts for
3244the times when they will be due.
3245     (c)  The estimated items of expenses of the cooperative and
3246the association, except as excluded under paragraph (b),
3247including, but not limited to, the following items, which shall
3248be stated either as an association expense collectible by
3249assessments or as unit owners' expenses payable to persons other
3250than the association:
3251     1.  Expenses for the association and cooperative:
3252     a.  Administration of the association.
3253     b.  Management fees.
3254     c.  Maintenance.
3255     d.  Rent for recreational and other commonly used areas.
3256     e.  Taxes upon association property.
3257     f.  Taxes upon leased areas.
3258     g.  Insurance.
3259     h.  Security provisions.
3260     i.  Other expenses.
3261     j.  Operating capital.
3262     k.  Reserves.
3263     l.  Fee payable to the division.
3264     2.  Expenses for a unit owner:
3265     a.  Rent for the unit, if subject to a lease.
3266     b.  Rent payable by the unit owner directly to the lessor
3267or agent under any recreational lease or lease for the use of
3268commonly used areas, which use and payment are a mandatory
3269condition of ownership and are not included in the common
3270expense or assessments for common maintenance paid by the unit
3271owners to the association.
3272     (d)  The following statement in conspicuous type: THE
3273BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3274ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3275ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3276FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3277ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3278CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3279THE OFFERING.
3280     (e)  Each budget for an association prepared by a developer
3281consistent with this subsection shall be prepared in good faith
3282and shall reflect accurate estimated amounts for the required
3283items in paragraph (c) at the time of the filing of the offering
3284circular with the division, and subsequent increased amounts of
3285any item included in the association's estimated budget that are
3286beyond the control of the developer shall not be considered an
3287amendment that would give rise to rescission rights set forth in
3288s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3289or otherwise affect any guarantee of the developer contained in
3290the offering circular or any purchase contract. It is the intent
3291of this paragraph to clarify existing law.
3292     (f)  The estimated amounts shall be stated for a period of
3293at least 12 months and may distinguish between the period prior
3294to the time unit owners other than the developer elect a
3295majority of the board of administration and the period after
3296that date.
3297     (21)  A schedule of estimated closing expenses to be paid
3298by a buyer or lessee of a unit and a statement of whether title
3299opinion or title insurance policy is available to the buyer and,
3300if so, at whose expense.
3301     (22)  The identity of the developer and the chief operating
3302officer or principal directing the creation and sale of the
3303cooperative and a statement of its and his or her experience in
3304this field.
3305     (23)  Copies of the following, to the extent they are
3306applicable, shall be included as exhibits:
3307     (a)  The cooperative documents, or the proposed cooperative
3308documents if the documents have not been recorded.
3309     (b)  The articles of incorporation creating the
3310association.
3311     (c)  The bylaws of the association.
3312     (d)  The ground lease or other underlying lease of the
3313cooperative.
3314     (e)  The management agreement and all maintenance and other
3315contracts for management of the association and operation of the
3316cooperative and facilities used by the unit owners having a
3317service term in excess of 1 year.
3318     (f)  The estimated operating budget for the cooperative and
3319the required schedule of unit owners' expenses.
3320     (g)  A copy of the floor plan of the unit and the plot plan
3321showing the location of the residential buildings and the
3322recreation and other common areas.
3323     (h)  The lease of recreational and other facilities that
3324will be used only by unit owners of the subject cooperative.
3325     (i)  The lease of facilities used by owners and others.
3326     (j)  The form of unit lease, if the offer is of a
3327leasehold.
3328     (k)  A declaration of servitude of properties serving the
3329cooperative but not owned by unit owners or leased to them or
3330the association.
3331     (l)  The statement of condition of the existing building or
3332buildings, if the offering is of units in an operation being
3333converted to cooperative ownership.
3334     (m)  The statement of inspection for termite damage and
3335treatment of the existing improvements, if the cooperative is a
3336conversion.
3337     (n)  The form of agreement for sale or lease of units.
3338     (o)  A copy of the agreement for escrow of payments made to
3339the developer prior to closing.
3340     (p)  A copy of the documents containing any restrictions on
3341use of the property required by subsection (16).
3342     (24)  Any prospectus or offering circular complying with
3343the provisions of former ss. 711.69 and 711.802 may continue to
3344be used without amendment, or may be amended to comply with the
3345provisions of this chapter.
3346     (25)  A brief narrative description of the location and
3347effect of all existing and intended easements located or to be
3348located on the cooperative property other than those in the
3349declaration.
3350     (26)  If the developer is required by state or local
3351authorities to obtain acceptance or approval of any dock or
3352marina facility intended to serve the cooperative, a copy of
3353such acceptance or approval acquired by the time of filing with
3354the division pursuant to s. 719.502 or a statement that such
3355acceptance has not been acquired or received.
3356     (27)  Evidence demonstrating that the developer has an
3357ownership, leasehold, or contractual interest in the land upon
3358which the cooperative is to be developed.
3359     Section 57.  Section 719.508, Florida Statutes, is amended
3360to read:
3361     719.508  Regulation by Division of Hotels and
3362Restaurants.--In addition to the authority, regulation, or
3363control exercised by the Division of Florida Land Sales,
3364Condominiums, Timeshares, and Mobile Homes pursuant to this act
3365with respect to cooperatives, buildings included in a
3366cooperative property shall be subject to the authority,
3367regulation, or control of the Division of Hotels and Restaurants
3368of the Department of Business and Professional Regulation, to
3369the extent provided for in chapters 399 and 509.
3370     Section 58.  Paragraph (a) of subsection (2) of section
3371719.608, Florida Statutes, is amended to read:
3372     719.608  Notice of intended conversion; time of delivery;
3373content.--
3374     (2)(a)  Each notice of intended conversion shall be dated
3375and in writing. The notice shall contain the following
3376statement, with the phrases of the following statement which
3377appear in upper case printed in conspicuous type:
3378
3379     These apartments are being converted to cooperative by  
3380(name of developer)  , the developer.
3381     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3382YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3383AGREEMENT AS FOLLOWS:
3384     a.  If you have continuously been a resident of these
3385apartments during the last 180 days and your rental agreement
3386expires during the next 270 days, you may extend your rental
3387agreement for up to 270 days after the date of this notice.
3388     b.  If you have not been a continuous resident of these
3389apartments for the last 180 days and your rental agreement
3390expires during the next 180 days, you may extend your rental
3391agreement for up to 180 days after the date of this notice.
3392     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3393MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3394DATE OF THIS NOTICE.
3395     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3396you may extend your rental agreement for up to 45 days after the
3397date of this notice while you decide whether to extend your
3398rental agreement as explained above. To do so, you must notify
3399the developer in writing. You will then have the full 45 days to
3400decide whether to extend your rental agreement as explained
3401above.
3402     3.  During the extension of your rental agreement you will
3403be charged the same rent that you are now paying.
3404     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3405OF THE RENTAL AGREEMENT AS FOLLOWS:
3406     a.  If your rental agreement began or was extended or
3407renewed after May 1, 1980, and your rental agreement, including
3408extensions and renewals, has an unexpired term of 180 days or
3409less, you may cancel your rental agreement upon 30 days' written
3410notice and move. Also, upon 30 days' written notice, you may
3411cancel any extension of the rental agreement.
3412     b.  If your rental agreement was not begun or was not
3413extended or renewed after May 1, 1980, you may not cancel the
3414rental agreement without the consent of the developer. If your
3415rental agreement, including extensions and renewals, has an
3416unexpired term of 180 days or less, you may, however, upon 30
3417days' written notice cancel any extension of the rental
3418agreement.
3419     5.  All notices must be given in writing and sent by mail,
3420return receipt requested, or delivered in person to the
3421developer at this address:   (name and address of developer)  .
3422     6.  If you have continuously been a resident of these
3423apartments during the last 180 days:
3424     a.  You have the right to purchase your apartment and will
3425have 45 days to decide whether to purchase. If you do not buy
3426the unit at that price and the unit is later offered at a lower
3427price, you will have the opportunity to buy the unit at the
3428lower price. However, in all events your right to purchase the
3429unit ends when the rental agreement or any extension of the
3430rental agreement ends or when you waive this right in writing.
3431     b.  Within 90 days you will be provided purchase
3432information relating to your apartment, including the price of
3433your unit and the condition of the building. If you do not
3434receive this information within 90 days, your rental agreement
3435and any extension will be extended 1 day for each day over 90
3436days until you are given the purchase information. If you do not
3437want this rental agreement extension, you must notify the
3438developer in writing.
3439     7.  If you have any questions regarding this conversion or
3440the Cooperative Act, you may contact the developer or the state
3441agency which regulates cooperatives: The Division of Florida
3442Land Sales, Condominiums, Timeshares, and Mobile Homes,  
3443(Tallahassee address and telephone number of division)  .
3444     Section 59.  Subsection (7) of section 720.301, Florida
3445Statutes, is amended to read:
3446     720.301  Definitions.--As used in this chapter, the term:
3447     (7)  "Division" means the Division of Florida Land Sales,
3448Condominiums, Timeshares, and Mobile Homes in the Department of
3449Business and Professional Regulation.
3450     Section 60.  Subsection (2) of section 720.401, Florida
3451Statutes, is amended to read:
3452     720.401  Prospective purchasers subject to association
3453membership requirement; disclosure required; covenants;
3454assessments; contract cancellation.--
3455     (2)  This section does not apply to any association
3456regulated under chapter 718, chapter 719, chapter 721, or
3457chapter 723 or to a subdivider registered under chapter 498; and
3458also does not apply if disclosure regarding the association is
3459otherwise made in connection with the requirements of chapter
3460718, chapter 719, chapter 721, or chapter 723.
3461     Section 61.  Paragraph (c) of subsection (1) of section
3462721.03, Florida Statutes, is amended to read:
3463     721.03  Scope of chapter.--
3464     (1)  This chapter applies to all timeshare plans consisting
3465of more than seven timeshare periods over a period of at least 3
3466years in which the accommodations and facilities, if any, are
3467located within this state or offered within this state; provided
3468that:
3469     (c)  All timeshare accommodations or facilities which are
3470located outside the state but offered for sale in this state
3471shall be governed by the following:
3472     1.  The offering for sale in this state of timeshare
3473accommodations and facilities located outside the state is
3474subject only to the provisions of ss. 721.01-721.12, 721.18,
3475721.20, 721.21, 721.26, 721.28, and part II.
3476     2.  The division shall not require a developer of timeshare
3477accommodations or facilities located outside of this state to
3478make changes in any timeshare instrument to conform to the
3479provisions of s. 721.07 or s. 721.55. The division shall have
3480the power to require disclosure of those provisions of the
3481timeshare instrument that do not conform to s. 721.07 or s.
3482721.55 as the director determines is necessary to fairly,
3483meaningfully, and effectively disclose all aspects of the
3484timeshare plan.
3485     3.  Except as provided in this subparagraph, the division
3486shall have no authority to determine whether any person has
3487complied with another state's laws or to disapprove any filing
3488out-of-state, timeshare instrument, or component site document,
3489based solely upon the lack or degree of timeshare regulation in
3490another state. The division may require a developer to obtain
3491and provide to the division existing documentation relating to
3492an out-of-state filing, timeshare instrument, or component site
3493document and prove compliance of same with the laws of that
3494state. In this regard, the division may accept any evidence of
3495the approval or acceptance of any out-of-state filing, timeshare
3496instrument, or component site document by another state in lieu
3497of requiring a developer to file the out-of-state filing,
3498timeshare instrument, or component site document with the
3499division pursuant to this section, or the division may accept an
3500opinion letter from an attorney or law firm opining as to the
3501compliance of such out-of-state filing, timeshare instrument, or
3502component site document with the laws of another state. The
3503division may refuse to approve the inclusion of any out-of-state
3504filing, timeshare instrument, or component site document as part
3505of a public offering statement based upon the inability of the
3506developer to establish the compliance of same with the laws of
3507another state.
3508     4.  The division is authorized to enter into an agreement
3509with another state for the purpose of facilitating the
3510processing of out-of-state timeshare instruments or other
3511component site documents pursuant to this chapter and for the
3512purpose of facilitating the referral of consumer complaints to
3513the appropriate state.
3514     5.  Notwithstanding any other provision of this paragraph,
3515the offer, in this state, of an additional interest to existing
3516purchasers in the same timeshare plan, the same nonspecific
3517multisite timeshare plan, or the same component site of a
3518multisite timeshare plan with accommodations and facilities
3519located outside of this state shall not be subject to the
3520provisions of this chapter if the offer complies with the
3521provisions of s. 721.11(4).
3522     Section 62.  Subsection (11) of section 721.05, Florida
3523Statutes, is amended to read:
3524     721.05  Definitions.--As used in this chapter, the term:
3525     (11)  "Division" means the Division of Florida Land Sales,
3526Condominiums, Timeshares, and Mobile Homes of the Department of
3527Business and Professional Regulation.
3528     Section 63.  Paragraph (d) of subsection (2) of section
3529721.07, Florida Statutes, is amended to read:
3530     721.07  Public offering statement.--Prior to offering any
3531timeshare plan, the developer must submit a filed public
3532offering statement to the division for approval as prescribed by
3533s. 721.03, s. 721.55, or this section. Until the division
3534approves such filing, any contract regarding the sale of that
3535timeshare plan is subject to cancellation by the purchaser
3536pursuant to s. 721.10.
3537     (2)
3538     (d)  A developer shall have the authority to deliver to
3539purchasers any purchaser public offering statement that is not
3540yet approved by the division, provided that the following shall
3541apply:
3542     1.  At the time the developer delivers an unapproved
3543purchaser public offering statement to a purchaser pursuant to
3544this paragraph, the developer shall deliver a fully completed
3545and executed copy of the purchase contract required by s. 721.06
3546that contains the following statement in conspicuous type in
3547substantially the following form which shall replace the
3548statements required by s. 721.06(1)(g):
3549
3550The developer is delivering to you a public offering statement
3551that has been filed with but not yet approved by the Division of
3552Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3553Any revisions to the unapproved public offering statement you
3554have received must be delivered to you, but only if the
3555revisions materially alter or modify the offering in a manner
3556adverse to you. After the division approves the public offering
3557statement, you will receive notice of the approval from the
3558developer and the required revisions, if any.
3559
3560Your statutory right to cancel this transaction without any
3561penalty or obligation expires 10 calendar days after the date
3562you signed your purchase contract or the date on which you
3563receive the last of all documents required to be given to you
3564pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3565days after you receive revisions required to be delivered to
3566you, if any, whichever is later. If you decide to cancel this
3567contract, you must notify the seller in writing of your intent
3568to cancel. Your notice of cancellation shall be effective upon
3569the date sent and shall be sent to   (Name of Seller)   at  
3570(Address of Seller)  . Any attempt to obtain a waiver of your
3571cancellation right is void and of no effect. While you may
3572execute all closing documents in advance, the closing, as
3573evidenced by delivery of the deed or other document, before
3574expiration of your 10-day cancellation period, is prohibited.
3575
3576     2.  After receipt of approval from the division and prior
3577to closing, if any revisions made to the documents contained in
3578the purchaser public offering statement materially alter or
3579modify the offering in a manner adverse to a purchaser, the
3580developer shall send the purchaser such revisions together with
3581a notice containing a statement in conspicuous type in
3582substantially the following form:
3583
3584The unapproved public offering statement previously delivered to
3585you, together with the enclosed revisions, has been approved by
3586the Division of Florida Land Sales, Condominiums, Timeshares,
3587and Mobile Homes. Accordingly, your cancellation right expires
358810 calendar days after you sign your purchase contract or 10
3589calendar days after you receive these revisions, whichever is
3590later. If you have any questions regarding your cancellation
3591rights, you may contact the division at [insert division's
3592current address].
3593
3594     3.  After receipt of approval from the division and prior
3595to closing, if no revisions have been made to the documents
3596contained in the unapproved purchaser public offering statement,
3597or if such revisions do not materially alter or modify the
3598offering in a manner adverse to a purchaser, the developer shall
3599send the purchaser a notice containing a statement in
3600conspicuous type in substantially the following form:
3601
3602The unapproved public offering statement previously delivered to
3603you has been approved by the Division of Florida Land Sales,
3604Condominiums, Timeshares, and Mobile Homes. Revisions made to
3605the unapproved public offering statement, if any, are either not
3606required to be delivered to you or are not deemed by the
3607developer, in its opinion, to materially alter or modify the
3608offering in a manner that is adverse to you. Accordingly, your
3609cancellation right expired 10 days after you signed your
3610purchase contract. A complete copy of the approved public
3611offering statement is available through the managing entity for
3612inspection as part of the books and records of the plan. If you
3613have any questions regarding your cancellation rights, you may
3614contact the division at [insert division's current address].
3615     Section 64.  Subsection (8) of section 721.08, Florida
3616Statutes, is amended to read:
3617     721.08  Escrow accounts; nondisturbance instruments;
3618alternate security arrangements; transfer of legal title.--
3619     (8)  An escrow agent holding escrowed funds pursuant to
3620this chapter that have not been claimed for a period of 5 years
3621after the date of deposit shall make at least one reasonable
3622attempt to deliver such unclaimed funds to the purchaser who
3623submitted such funds to escrow. In making such attempt, an
3624escrow agent is entitled to rely on a purchaser's last known
3625address as set forth in the books and records of the escrow
3626agent and is not required to conduct any further search for the
3627purchaser. If an escrow agent's attempt to deliver unclaimed
3628funds to any purchaser is unsuccessful, the escrow agent may
3629deliver such unclaimed funds to the division and the division
3630shall deposit such unclaimed funds in the Division of Florida
3631Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3632Fund, 30 days after giving notice in a publication of general
3633circulation in the county in which the timeshare property
3634containing the purchaser's timeshare interest is located. The
3635purchaser may claim the same at any time prior to the delivery
3636of such funds to the division. After delivery of such funds to
3637the division, the purchaser shall have no more rights to the
3638unclaimed funds. The escrow agent shall not be liable for any
3639claims from any party arising out of the escrow agent's delivery
3640of the unclaimed funds to the division pursuant to this section.
3641     Section 65.  Section 721.26, Florida Statutes, is amended
3642to read:
3643     721.26  Regulation by division.--The division has the power
3644to enforce and ensure compliance with the provisions of this
3645chapter, except for parts III and IV, using the powers provided
3646in this chapter, as well as the powers prescribed in chapters
3647498, 718, and 719. In performing its duties, the division shall
3648have the following powers and duties:
3649     (1)  To aid in the enforcement of this chapter, or any
3650division rule adopted or order promulgated or issued pursuant to
3651this chapter, the division may make necessary public or private
3652investigations within or outside this state to determine whether
3653any person has violated or is about to violate this chapter, or
3654any division rule adopted or order promulgated or issued
3655pursuant to this chapter.
3656     (2)  The division may require or permit any person to file
3657a written statement under oath or otherwise, as the division
3658determines, as to the facts and circumstances concerning a
3659matter under investigation.
3660     (3)  For the purpose of any investigation under this
3661chapter, the director of the division or any officer or employee
3662designated by the director may administer oaths or affirmations,
3663subpoena witnesses and compel their attendance, take evidence,
3664and require the production of any matter which is relevant to
3665the investigation, including the identity, existence,
3666description, nature, custody, condition, and location of any
3667books, documents, or other tangible things and the identity and
3668location of persons having knowledge of relevant facts or any
3669other matter reasonably calculated to lead to the discovery of
3670material evidence. Failure to obey a subpoena or to answer
3671questions propounded by the investigating officer and upon
3672reasonable notice to all persons affected thereby shall be a
3673violation of this chapter. In addition to the other enforcement
3674powers authorized in this subsection, the division may, at its
3675discretion, apply to the circuit court for an order compelling
3676compliance.
3677     (4)  The division may prepare and disseminate a prospectus
3678and other information to assist prospective purchasers, sellers,
3679and managing entities of timeshare plans in assessing the
3680rights, privileges, and duties pertaining thereto.
3681     (5)  Notwithstanding any remedies available to purchasers,
3682if the division has reasonable cause to believe that a violation
3683of this chapter, or of any division rule adopted or order
3684promulgated or issued pursuant to this chapter, has occurred,
3685the division may institute enforcement proceedings in its own
3686name against any regulated party, as such term is defined in
3687this subsection:
3688     (a)1.  "Regulated party," for purposes of this section,
3689means any developer, exchange company, seller, managing entity,
3690owners' association, owners' association director, owners'
3691association officer, manager, management firm, escrow agent,
3692trustee, any respective assignees or agents, or any other person
3693having duties or obligations pursuant to this chapter.
3694     2.  Any person who materially participates in any offer or
3695disposition of any interest in, or the management or operation
3696of, a timeshare plan in violation of this chapter or relevant
3697rules involving fraud, deception, false pretenses,
3698misrepresentation, or false advertising or the disbursement,
3699concealment, or diversion of any funds or assets, which conduct
3700adversely affects the interests of a purchaser, and which person
3701directly or indirectly controls a regulated party or is a
3702general partner, officer, director, agent, or employee of such
3703regulated party, shall be jointly and severally liable under
3704this subsection with such regulated party, unless such person
3705did not know, and in the exercise of reasonable care could not
3706have known, of the existence of the facts giving rise to the
3707violation of this chapter. A right of contribution shall exist
3708among jointly and severally liable persons pursuant to this
3709paragraph.
3710     (b)  The division may permit any person whose conduct or
3711actions may be under investigation to waive formal proceedings
3712and enter into a consent proceeding whereby an order, rule, or
3713letter of censure or warning, whether formal or informal, may be
3714entered against that person.
3715     (c)  The division may issue an order requiring a regulated
3716party to cease and desist from an unlawful practice under this
3717chapter and take such affirmative action as in the judgment of
3718the division will carry out the purposes of this chapter.
3719     (d)1.  The division may bring an action in circuit court
3720for declaratory or injunctive relief or for other appropriate
3721relief, including restitution.
3722     2.  The division shall have broad authority and discretion
3723to petition the circuit court to appoint a receiver with respect
3724to any managing entity which fails to perform its duties and
3725obligations under this chapter with respect to the operation of
3726a timeshare plan. The circumstances giving rise to an
3727appropriate petition for receivership under this subparagraph
3728include, but are not limited to:
3729     a.  Damage to or destruction of any of the accommodations
3730or facilities of a timeshare plan, where the managing entity has
3731failed to repair or reconstruct same.
3732     b.  A breach of fiduciary duty by the managing entity,
3733including, but not limited to, undisclosed self-dealing or
3734failure to timely assess, collect, or disburse the common
3735expenses of the timeshare plan.
3736     c.  Failure of the managing entity to operate the timeshare
3737plan in accordance with the timeshare instrument and this
3738chapter.
3739
3740If, under the circumstances, it appears that the events giving
3741rise to the petition for receivership cannot be reasonably and
3742timely corrected in a cost-effective manner consistent with the
3743timeshare instrument, the receiver may petition the circuit
3744court to implement such amendments or revisions to the timeshare
3745instrument as may be necessary to enable the managing entity to
3746resume effective operation of the timeshare plan, or to enter an
3747order terminating the timeshare plan, or to enter such further
3748orders regarding the disposition of the timeshare property as
3749the court deems appropriate, including the disposition and sale
3750of the timeshare property held by the owners' association or the
3751purchasers. In the event of a receiver's sale, all rights,
3752title, and interest held by the owners' association or any
3753purchaser shall be extinguished and title shall vest in the
3754buyer. This provision applies to timeshare estates, personal
3755property timeshare interests, and timeshare licenses. All
3756reasonable costs and fees of the receiver relating to the
3757receivership shall become common expenses of the timeshare plan
3758upon order of the court.
3759     3.  The division may revoke its approval of any filing for
3760any timeshare plan for which a petition for receivership has
3761been filed pursuant to this paragraph.
3762     (e)1.  The division may impose a penalty against any
3763regulated party for a violation of this chapter or any rule
3764adopted thereunder. A penalty may be imposed on the basis of
3765each day of continuing violation, but in no event may the
3766penalty for any offense exceed $10,000. All accounts collected
3767shall be deposited with the Chief Financial Officer to the
3768credit of the Division of Florida Land Sales, Condominiums,
3769Timeshares, and Mobile Homes Trust Fund.
3770     2.a.  If a regulated party fails to pay a penalty, the
3771division shall thereupon issue an order directing that such
3772regulated party cease and desist from further operation until
3773such time as the penalty is paid; or the division may pursue
3774enforcement of the penalty in a court of competent jurisdiction.
3775     b.  If an owners' association or managing entity fails to
3776pay a civil penalty, the division may pursue enforcement in a
3777court of competent jurisdiction.
3778     (f)  In order to permit the regulated party an opportunity
3779either to appeal such decision administratively or to seek
3780relief in a court of competent jurisdiction, the order imposing
3781the penalty or the cease and desist order shall not become
3782effective until 20 days after the date of such order.
3783     (g)  Any action commenced by the division shall be brought
3784in the county in which the division has its executive offices or
3785in the county where the violation occurred.
3786     (h)  Notice to any regulated party shall be complete when
3787delivered by United States mail, return receipt requested, to
3788the party's address currently on file with the division or to
3789such other address at which the division is able to locate the
3790party. Every regulated party has an affirmative duty to notify
3791the division of any change of address at least 5 business days
3792prior to such change.
3793     (6)  The division has authority to adopt rules pursuant to
3794ss. 120.536(1) and 120.54 to implement and enforce the
3795provisions of this chapter.
3796     (7)(a)  The use of any unfair or deceptive act or practice
3797by any person in connection with the sales or other operations
3798of an exchange program or timeshare plan is a violation of this
3799chapter.
3800     (b)  Any violation of the Florida Deceptive and Unfair
3801Trade Practices Act, ss. 501.201 et seq., relating to the
3802creation, promotion, sale, operation, or management of any
3803timeshare plan shall also be a violation of this chapter.
3804     (c)  The division may is authorized to institute
3805proceedings against any such person and take any appropriate
3806action authorized in this section in connection therewith,
3807notwithstanding any remedies available to purchasers.
3808     (8)  The failure of any person to comply with any order of
3809the division is a violation of this chapter.
3810     Section 66.  Section 721.28, Florida Statutes, is amended
3811to read:
3812     721.28  Division of Florida Land Sales, Condominiums,
3813Timeshares, and Mobile Homes Trust Fund.--All funds collected by
3814the division and any amounts paid as fees or penalties under
3815this chapter shall be deposited in the State Treasury to the
3816credit of the Division of Florida Land Sales, Condominiums,
3817Timeshares, and Mobile Homes Trust Fund created by s. 718.509
3818498.019.
3819     Section 67.  Paragraph (c) of subsection (1) of section
3820721.301, Florida Statutes, is amended to read:
3821     721.301  Florida Timesharing, Vacation Club, and
3822Hospitality Program.--
3823     (1)
3824     (c)  The director may designate funds from the Division of
3825Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
3826Trust Fund, not to exceed $50,000 annually, to support the
3827projects and proposals undertaken pursuant to paragraph (b). All
3828state trust funds to be expended pursuant to this section must
3829be matched equally with private moneys and shall comprise no
3830more than half of the total moneys expended annually.
3831     Section 68.  Section 721.50, Florida Statutes, is amended
3832to read:
3833     721.50  Short title.--This part may be cited as the
3834"McAllister Act" in recognition and appreciation for the years
3835of extraordinary and insightful contributions by Mr. Bryan C.
3836McAllister, Examinations Supervisor of the former, Division of
3837Florida Land Sales, Condominiums, and Mobile Homes.
3838     Section 69.  Subsection (1) of section 723.003, Florida
3839Statutes, is amended to read:
3840     723.003  Definitions.--As used in this chapter, the
3841following words and terms have the following meanings unless
3842clearly indicated otherwise:
3843     (1)  The term "division" means the Division of Florida Land
3844Sales, Condominiums, Timeshares, and Mobile Homes of the
3845Department of Business and Professional Regulation.
3846     Section 70.  Paragraph (e) of subsection (5) of section
3847723.006, Florida Statutes, is amended to read:
3848     723.006  Powers and duties of division.--In performing its
3849duties, the division has the following powers and duties:
3850     (5)  Notwithstanding any remedies available to mobile home
3851owners, mobile home park owners, and homeowners' associations,
3852if the division has reasonable cause to believe that a violation
3853of any provision of this chapter or related any rule promulgated
3854pursuant hereto has occurred, the division may institute
3855enforcement proceedings in its own name against a developer,
3856mobile home park owner, or homeowners' association, or its
3857assignee or agent, as follows:
3858     (e)1.  The division may impose a civil penalty against a
3859mobile home park owner or homeowners' association, or its
3860assignee or agent, for any violation of this chapter, a properly
3861adopted promulgated park rule or regulation, or a rule adopted
3862or regulation promulgated pursuant hereto. A penalty may be
3863imposed on the basis of each separate violation and, if the
3864violation is a continuing one, for each day of continuing
3865violation, but in no event may the penalty for each separate
3866violation or for each day of continuing violation exceed $5,000.
3867All amounts collected shall be deposited with the Chief
3868Financial Officer to the credit of the Division of Florida Land
3869Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
3870     2.  If a violator fails to pay the civil penalty, the
3871division shall thereupon issue an order directing that such
3872violator cease and desist from further violation until such time
3873as the civil penalty is paid or may pursue enforcement of the
3874penalty in a court of competent jurisdiction. If a homeowners'
3875association fails to pay the civil penalty, the division shall
3876thereupon pursue enforcement in a court of competent
3877jurisdiction, and the order imposing the civil penalty or the
3878cease and desist order shall not become effective until 20 days
3879after the date of such order. Any action commenced by the
3880division shall be brought in the county in which the division
3881has its executive offices or in which the violation occurred.
3882     Section 71.  Section 723.009, Florida Statutes, is amended
3883to read:
3884     723.009  Division of Florida Land Sales, Condominiums,
3885Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
3886fees, penalties, and fines imposed pursuant to this chapter
3887shall be deposited into the Division of Florida Land Sales,
3888Condominiums, Timeshares, and Mobile Homes Trust Fund created by
3889s. 718.509 498.019. Moneys in this fund, as appropriated by the
3890Legislature pursuant to chapter 216, may be used to defray the
3891expenses incurred by the division in administering the
3892provisions of this chapter.
3893     Section 72.  Paragraph (c) of subsection (2) of section
3894723.0611, Florida Statutes, is amended to read:
3895     723.0611  Florida Mobile Home Relocation Corporation.--
3896     (2)
3897     (c)  The corporation shall, for purposes of s. 768.28, be
3898considered an agency of the state. Agents or employees of the
3899corporation, members of the board of directors of the
3900corporation, or representatives of the Division of Florida Land
3901Sales, Condominiums, Timeshares, and Mobile Homes shall be
3902considered officers, employees, or agents of the state, and
3903actions against them and the corporation shall be governed by s.
3904768.28.
3905     Section 73.  Except as otherwise expressly provided in this
3906act, this act shall take effect July 1, 2008.
3907
3908
-----------------------------------------------------
3909
T I T L E  A M E N D M E N T
3910     Remove the entire title and insert:
3911
A bill to be entitled
3912An act relating to the Department of Business and Professional
3913Regulation; amending s. 718.111, F.S.; requiring that hazard
3914insurance be based upon the replacement cost of the property to
3915be insured as determined by an independent insurance appraisal
3916or update of a prior appraisal; requiring that the full
3917insurable value be determined at specified intervals; providing
3918a means by which an association may provide adequate hazard
3919insurance; authorizing an association to consider certain
3920information when determining coverage amounts; providing for
3921coverage by developer-controlled associations; providing that
3922policies may include deductibles as determined by the
3923association's board of directors; providing requirements and
3924guidelines for the establishment of such deductibles; requiring
3925that the amounts of deductibles be set at a meeting of the
3926board; providing requirements for such meeting; requiring that
3927an association controlled by unit owners operating as a
3928residential condominium use its best efforts to obtain and
3929maintain adequate insurance to protect the association and
3930property under its supervision or control; providing that a
3931declaration of condominium may provide that condominium property
3932consisting of freestanding buildings comprised of no more than
3933one building in or on such unit need not be insured by the
3934association if the declaration requires the unit owner to obtain
3935adequate insurance for the condominium property; authorizing an
3936association to obtain and maintain liability insurance for
3937directors and officers, insurance for the benefit of association
3938employees, and flood insurance for common elements, association
3939property, and units; requiring that every hazard insurance
3940policy issued or renewed on or after a specified date for the
3941purpose of protecting the condominium provide certain coverage;
3942requiring that such policies contain certain provisions;
3943providing that such policies issued to individual unit owners do
3944not provide rights of subrogation against the condominium
3945association; providing for the insurance of improvements or
3946additions benefiting fewer than all unit owners; requiring that
3947an association require each owner to provide evidence of a
3948current policy of hazard and liability insurance upon request;
3949limiting the frequency with which an association may make such a
3950request; authorizing an association to purchase coverage on
3951behalf of an owner under certain circumstances; providing for
3952the collection of the costs of such a policy; providing
3953responsibilities of the unit owner and association with regard
3954to reconstruction work and associated costs after a casualty
3955loss; authorizing a multicondominium association to operate such
3956condominiums as a single condominium for certain purposes by
3957majority vote of the members of all applicable condominiums;
3958providing that such election constitutes an amendment to the
3959declaration of all applicable condominiums; requiring that an
3960association maintain insurance or fidelity bonding for all
3961persons who control or disburse association funds; requiring
3962that such insurance policy or fidelity bond cover the maximum
3963funds in the custody of the association or its management agent
3964at any one time; defining the term "persons who control or
3965disburse funds of the association"; authorizing an association
3966to amend the declaration of condominium without regard to any
3967requirement for approval by mortgagees of amendments affecting
3968insurance requirements for the purpose of conforming the
3969declaration of condominium to certain coverage requirements;
3970providing that any portion of the condominium property required
3971to be insured by the association against casualty loss which is
3972damaged be reconstructed, repaired, or replaced as necessary by
3973the association as a common expense; providing that all hazard
3974insurance deductibles, uninsured losses, and other damages in
3975excess of hazard insurance coverage under the hazard insurance
3976policies maintained by the association are a common expense of
3977the condominium; providing exceptions; allocating responsibility
3978for certain costs of repair or reconstruction; authorizing an
3979association to opt out of certain requirements related to such
3980allocation of responsibility by majority vote; providing a
3981procedure by which a multicondominium association that has not
3982consolidated its financial operations may opt out of such
3983allocation of responsibility; requiring that a decision to opt
3984out be recorded; providing that such decision takes effect on
3985the date on which it is recorded; authorizing the reversal of
3986such decision; providing a procedure for reversal; providing
3987that an association is not obligated to pay for any
3988reconstruction or repair expenses for improvements made by an
3989owner or the development if an improvement benefits only the
3990unit for which it was installed; amending s. 718.115, F.S.;
3991requiring that certain expenses be designated as common
3992expenses; amending s. 718.116, F.S.; authorizing the designee of
3993a unit owner or mortgagee to request a certificate of
3994assessment; requiring that the fee for preparation of such
3995certificate be stated on the certificate; providing for the
3996establishment of such fees; providing for payment of the fee;
3997requiring that the fee be refunded if a planned sale or mortgage
3998does not occur; providing that any such refund is the obligation
3999of the unit owner and is collectable in the same manner as an
4000assessment; amending s. 718.117, F.S.; prohibiting the
4001distribution of proceeds from the sale of a condominium unit to
4002a lienholder from exceeding a unit owner's share of the
4003proceeds; creating s. 720.30851, F.S.; requiring that the
4004association provide a certificate signed by an officer or agent
4005of the association stating all assessments and other moneys owed
4006to the association by the parcel owner or mortgagee with respect
4007to the parcel within a specified period after the association's
4008receipt of a request for an estoppel certificate by an owner or
4009mortgagee; providing that any person other than a parcel owner
4010who relies upon a certificate receives the benefits and
4011protection thereof; providing that a summary proceeding may be
4012brought to compel the association to comply with the requirement
4013to provide a certificate; providing that the prevailing party is
4014entitled to recover reasonable attorney's fees; requiring that
4015the fee for preparation of such certificate be stated on the
4016certificate; providing for the establishment of such fees;
4017providing for payment of the fee; requiring that the fee be
4018refunded if a planned sale or mortgage does not occur; providing
4019that any such refund is the obligation of the unit owner and is
4020collectable in the same manner as an assessment; amending s.
402120.165, F.S.; changing the name of the Division of Florida Land
4022Sales, Condominiums, and Mobile Homes to the Division of Florida
4023Condominiums, Timeshares, and Mobile Homes and the Division of
4024Technology, Licensure, and Testing to the Division of
4025Technology; amending s. 215.20, F.S.; conforming the name of the
4026division's trust fund to correspond to the name change of the
4027division; amending s. 450.33, F.S.; removing the requirement for
4028a farm labor contractor to file a set of fingerprints with the
4029department; amending s. 455.203, F.S.; authorizing the
4030department to close and terminate deficient license applications
4031and to approve professional license applications meeting certain
4032criteria; amending s. 455.217, F.S.; conforming terminology to
4033changes made by the act; amending s. 455.2273, F.S.; authorizing
4034the section to apply to disciplinary guidelines adopted by all
4035boards and divisions; amending s. 468.841, F.S.; clarifying
4036exemption provisions for license provisions governing mold-
4037related services; amending s. 475.17, F.S.; revising
4038requirements for licensure as a real estate broker; amending s.
4039475.451, F.S.; deleting requirements relating to the submission
4040of certain real estate course rosters to the department;
4041amending s. 489.105, F.S.; clarifying that individuals and
4042business entities that sell manufactured and factory-built
4043buildings can legally enter into contracts for those sales;
4044amending s. 489.511, F.S.; revising requirements for taking the
4045electrical or alarm system contractor certification examination;
4046providing requirements for certification; amending s. 489.515,
4047F.S.; revising requirements for certification as a certified
4048contractor by the Electrical Contractors' Licensing Board to
4049reflect changes made to s. 489.511, F.S., by this act;
4050renumbering s. 498.009, F.S., relating to the location of the
4051division's offices; amending and renumbering s. 498.011, F.S.,
4052relating to payment of per diem, mileage, and other expenses for
4053division employees; providing for reimbursement of expenses for
4054on-site review; deleting the expense reimbursement for
4055inspection of subdivided lands; renumbering s. 498.013, F.S.,
4056relating to the authentication of records; amending and
4057renumbering s. 498.057, F.S., relating to service of process;
4058deleting provision that service may be made by delivering a copy
4059of the process to the division director; providing that the
4060division can be the petitioner or the plaintiff; repealing ss.
4061498.001, 498.003, 498.005, 498.007, 498.017, 498.021, 498.022,
4062498.023, 498.024, 498.025, 498.027, 498.028, 498.029, 498.031,
4063498.033, 498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
4064498.051, 498.053, 498.059, 498.061, and 498.063, F.S., relating
4065to regulation of land sales practices; amending s. 548.0065,
4066F.S.; including amateur mixed martial arts in a provision
4067relating to the authority of the Florida State Boxing Commission
4068to suspend amateur matches for violation of certain health and
4069safety standards; amending s. 548.008, F.S.; removing
4070prohibition against holding amateur mixed martial arts matches
4071in this state; amending s. 548.041, F.S.; providing additional
4072licensure requirements for boxing participants; amending s.
4073718.501, F.S.; providing additional powers and duties of the
4074division; providing for additional enforcement proceedings for
4075carrying out the purposes of ch. 718, F.S.; deleting the payment
4076of money by a developer to a condominium association as a
4077permissible affirmative action; providing for actions of
4078conservator or receiver; providing for application to circuit
4079court for an order of restitution; providing for imposition of
4080civil penalties and award of court costs, attorney's fees, and
4081costs of investigation under certain circumstances; providing
4082for contracting for investigative services; providing for
4083acceptance of grants-in-aid; requiring the cooperation with
4084similar agencies on establishment of certain procedures,
4085standards, and forms; providing what constitutes completeness of
4086notice; authorizing the division to issue a notice to show
4087cause; providing conforming changes; amending s. 718.509, F.S.,
4088and transferring, renumbering, and amending s. 498.019, F.S.;
4089consolidating and revising provisions relating to the creation,
4090purposes, and sources of funds of the Division of Florida
4091Condominiums, Timeshares, and Mobile Homes Trust Fund; revising
4092provisions to conform to the change in division name; providing
4093for the deposit of moneys resulting from an administrative final
4094order; amending s. 721.03, F.S.; clarifying that timeshare plan
4095includes a nonspecific multisite timeshare plan; amending ss.
409673.073, 190.009, 192.037, 213.053, 326.002, 326.006, 380.05,
4097380.06, 380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
4098517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011, 718.502,
4099718.504, 718.508, 718.608, 719.103, 719.1255, 719.501, 719.502,
4100719.504, 719.508, 719.608, 720.301, 720.401, 721.05, 721.07,
4101721.08, 721.26, 721.28, 721.301, 721.50, 723.003, 723.006,
4102723.009, and 723.0611, F.S., to conform; providing effective
4103dates.


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