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Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2498

087272

CHAMBER ACTION

Senate

Comm: RCS

3/25/2008

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House



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The Committee on Regulated Industries (Fasano) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

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and insert:

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8

     Section 1.  Paragraphs (d) and (j) of subsection (2) of

9

section 20.165, Florida Statutes, are amended to read:

10

     20.165  Department of Business and Professional

11

Regulation.--There is created a Department of Business and

12

Professional Regulation.

13

     (2)  The following divisions of the Department of Business

14

and Professional Regulation are established:

15

     (d) Division of Florida Land Sales, Condominiums,

16

Timeshares, and Mobile Homes.

17

     (j) Division of Technology, Licensure, and Testing.

18

     Section 2.  Subsection (2) of section 73.073, Florida

19

Statutes, is amended to read:

20

     73.073  Eminent domain procedure with respect to condominium

21

common elements.--

22

     (2)  With respect to the exercise of eminent domain or a

23

negotiated sale for the purchase or taking of a portion of the

24

common elements of a condominium, the condemning authority shall

25

have the responsibility of contacting the condominium association

26

and acquiring the most recent rolls indicating the names of the

27

unit owners or contacting the appropriate taxing authority to

28

obtain the names of the owners of record on the tax rolls.

29

Notification shall thereupon be sent by certified mail, return

30

receipt requested, to the unit owners of record of the

31

condominium units by the condemning authority indicating the

32

intent to purchase or take the required property and requesting a

33

response from the unit owner. The condemning authority shall be

34

responsible for the expense of sending notification pursuant to

35

this section. Such notice shall, at a minimum, include:

36

     (a)  The name and address of the condemning authority.

37

     (b)  A written or visual description of the property.

38

     (c)  The public purpose for which the property is needed.

39

     (d)  The appraisal value of the property.

40

     (e)  A clear, concise statement relating to the unit owner's

41

right to object to the taking or appraisal value and the

42

procedures and effects of exercising that right.

43

     (f)  A clear, concise statement relating to the power of the

44

association to convey the property on behalf of the unit owners

45

if no objection to the taking or appraisal value is raised, and

46

the effects of this alternative on the unit owner.

47

48

The Division of Florida Land Sales, Condominiums, Timeshares, and

49

Mobile Homes of the Department of Business and Professional

50

Regulation may adopt, by rule, a standard form for such notice

51

and may require the notice to include any additional relevant

52

information.

53

     Section 3.  Subsections (2) and (3) of section 190.009,

54

Florida Statutes, are amended to read:

55

     190.009  Disclosure of public financing.--

56

     (2) The Division of Florida Land Sales, Condominiums, and

57

Mobile Homes of the Department of Business and Professional

58

Regulation shall ensure that disclosures made by developers

59

pursuant to chapter 498 meet the requirements of subsection (1).

60

     (2)(3) The Department of Community Affairs shall keep a

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current list of districts and their disclosures pursuant to this

62

act and shall make such studies and reports and take such actions

63

as it deems necessary.

64

     Section 4.  Paragraph (e) of subsection (6) of section

65

192.037, Florida Statutes, is amended to read:

66

     192.037  Fee timeshare real property; taxes and assessments;

67

escrow.--

68

     (6)

69

     (e)  On or before May 1 of each year, a statement of

70

receipts and disbursements of the escrow account must be filed

71

with the Division of Florida Land Sales, Condominiums,

72

Timeshares, and Mobile Homes of the Department of Business and

73

Professional Regulation, which may enforce this paragraph

74

pursuant to s. 721.26. This statement must appropriately show the

75

amount of principal and interest in such account.

76

     Section 5.  Paragraph (i) of subsection (8) of section

77

213.053, Florida Statutes, is amended to read:

78

     213.053  Confidentiality and information sharing.--

79

     (8)  Notwithstanding any other provision of this section,

80

the department may provide:

81

     (i)  Information relative to chapters 212 and 326 to the

82

Division of Florida Land Sales, Condominiums, Timeshares, and

83

Mobile Homes of the Department of Business and Professional

84

Regulation in the conduct of its official duties.

85

86

Disclosure of information under this subsection shall be pursuant

87

to a written agreement between the executive director and the

88

agency. Such agencies, governmental or nongovernmental, shall be

89

bound by the same requirements of confidentiality as the

90

Department of Revenue. Breach of confidentiality is a misdemeanor

91

of the first degree, punishable as provided by s. 775.082 or s.

92

775.083.

93

     Section 6.  Paragraph (d) of subsection (4) of section

94

215.20, Florida Statutes, is amended to read:

95

     215.20  Certain income and certain trust funds to contribute

96

to the General Revenue Fund.--

97

     (4)  The income of a revenue nature deposited in the

98

following described trust funds, by whatever name designated, is

99

that from which the appropriations authorized by subsection (3)

100

shall be made:

101

     (d)  Within the Department of Business and Professional

102

Regulation:

103

     1.  The Administrative Trust Fund.

104

     2.  The Alcoholic Beverage and Tobacco Trust Fund.

105

     3.  The Cigarette Tax Collection Trust Fund.

106

     4. The Division of Florida Land Sales, Condominiums,

107

Timeshares, and Mobile Homes Trust Fund.

108

     5.  The Hotel and Restaurant Trust Fund, with the exception

109

of those fees collected for the purpose of funding of the

110

hospitality education program as stated in s. 509.302.

111

     6.  The Professional Regulation Trust Fund.

112

     7.  The trust funds administered by the Division of Pari-

113

mutuel Wagering.

114

115

The enumeration of the foregoing moneys or trust funds shall not

116

prohibit the applicability thereto of s. 215.24 should the

117

Governor determine that for the reasons mentioned in s. 215.24

118

the money or trust funds should be exempt herefrom, as it is the

119

purpose of this law to exempt income from its force and effect

120

when, by the operation of this law, federal matching funds or

121

contributions or private grants to any trust fund would be lost

122

to the state.

123

     Section 7.  Subsection (2) of section 326.002, Florida

124

Statutes, is amended to read:

125

     326.002  Definitions.--As used in ss. 326.001-326.006, the

126

term:

127

     (2) "Division" means the Division of Florida Land Sales,

128

Condominiums, Timeshares, and Mobile Homes of the Department of

129

Business and Professional Regulation.

130

     Section 8.  Paragraph (d) of subsection (2) and subsection

131

(3) of section 326.006, Florida Statutes, are amended to read:

132

     326.006  Powers and duties of division.--

133

     (2)  The division has the power to enforce and ensure

134

compliance with the provisions of this chapter and rules adopted

135

under this chapter relating to the sale and ownership of yachts

136

and ships. In performing its duties, the division has the

137

following powers and duties:

138

     (d)  Notwithstanding any remedies available to a yacht or

139

ship purchaser, if the division has reasonable cause to believe

140

that a violation of any provision of this chapter or rule adopted

141

under this chapter has occurred, the division may institute

142

enforcement proceedings in its own name against any broker or

143

salesperson or any of his or her assignees or agents, or against

144

any unlicensed person or any of his or her assignees or agents,

145

as follows:

146

     1.  The division may permit a person whose conduct or

147

actions are under investigation to waive formal proceedings and

148

enter into a consent proceeding whereby orders, rules, or letters

149

of censure or warning, whether formal or informal, may be entered

150

against the person.

151

     2.  The division may issue an order requiring the broker or

152

salesperson or any of his or her assignees or agents, or

153

requiring any unlicensed person or any of his or her assignees or

154

agents, to cease and desist from the unlawful practice and take

155

such affirmative action as in the judgment of the division will

156

carry out the purposes of this chapter.

157

     3.  The division may bring an action in circuit court on

158

behalf of a class of yacht or ship purchasers for declaratory

159

relief, injunctive relief, or restitution.

160

     4.  The division may impose a civil penalty against a broker

161

or salesperson or any of his or her assignees or agents, or

162

against an unlicensed person or any of his or her assignees or

163

agents, for any violation of this chapter or a rule adopted under

164

this chapter. A penalty may be imposed for each day of continuing

165

violation, but in no event may the penalty for any offense exceed

166

$10,000. All amounts collected must be deposited with the Chief

167

Financial Officer to the credit of the Division of Florida Land

168

Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If

169

a broker, salesperson, or unlicensed person working for a broker,

170

fails to pay the civil penalty, the division shall thereupon

171

issue an order suspending the broker's license until such time as

172

the civil penalty is paid or may pursue enforcement of the

173

penalty in a court of competent jurisdiction. The order imposing

174

the civil penalty or the order of suspension may not become

175

effective until 20 days after the date of such order. Any action

176

commenced by the division must be brought in the county in which

177

the division has its executive offices or in the county where the

178

violation occurred.

179

     (3)  All fees must be deposited in the Division of Florida

180

Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund

181

as provided by law.

182

     Section 9.  Subsection (18) of section 380.05, Florida

183

Statutes, is amended to read:

184

     380.05  Areas of critical state concern.--

185

     (18)  Neither the designation of an area of critical state

186

concern nor the adoption of any regulations for such an area

187

shall in any way limit or modify the rights of any person to

188

complete any development that was has been authorized by

189

registration of a subdivision pursuant to former chapter 498 or

190

former chapter 478, by recordation pursuant to local subdivision

191

plat law, or by a building permit or other authorization to

192

commence development on which there has been reliance and a

193

change of position, and which registration or recordation was

194

accomplished, or which permit or authorization was issued, prior

195

to the approval under subsection (6), or the adoption under

196

subsection (8), of land development regulations for the area of

197

critical state concern. If a developer has by his or her actions

198

in reliance on prior regulations obtained vested or other legal

199

rights that in law would have prevented a local government from

200

changing those regulations in a way adverse to the developer's

201

interests, nothing in this chapter authorizes any governmental

202

agency to abridge those rights.

203

     Section 10.  Subsection (20) of section 380.06, Florida

204

Statutes, is amended to read:

205

     380.06  Developments of regional impact.--

206

     (20)  VESTED RIGHTS.--Nothing in this section shall limit or

207

modify the rights of any person to complete any development that

208

was has been authorized by registration of a subdivision pursuant

209

to former chapter 498, by recordation pursuant to local

210

subdivision plat law, or by a building permit or other

211

authorization to commence development on which there has been

212

reliance and a change of position and which registration or

213

recordation was accomplished, or which permit or authorization

214

was issued, prior to July 1, 1973. If a developer has, by his or

215

her actions in reliance on prior regulations, obtained vested or

216

other legal rights that in law would have prevented a local

217

government from changing those regulations in a way adverse to

218

the developer's interests, nothing in this chapter authorizes any

219

governmental agency to abridge those rights.

220

     (a)  For the purpose of determining the vesting of rights

221

under this subsection, approval pursuant to local subdivision

222

plat law, ordinances, or regulations of a subdivision plat by

223

formal vote of a county or municipal governmental body having

224

jurisdiction after August 1, 1967, and prior to July 1, 1973, is

225

sufficient to vest all property rights for the purposes of this

226

subsection; and no action in reliance on, or change of position

227

concerning, such local governmental approval is required for

228

vesting to take place. Anyone claiming vested rights under this

229

paragraph must so notify the department in writing by January 1,

230

1986. Such notification shall include information adequate to

231

document the rights established by this subsection. When such

232

notification requirements are met, in order for the vested rights

233

authorized pursuant to this paragraph to remain valid after June

234

30, 1990, development of the vested plan must be commenced prior

235

to that date upon the property that the state land planning

236

agency has determined to have acquired vested rights following

237

the notification or in a binding letter of interpretation. When

238

the notification requirements have not been met, the vested

239

rights authorized by this paragraph shall expire June 30, 1986,

240

unless development commenced prior to that date.

241

     (b)  For the purpose of this act, the conveyance of, or the

242

agreement to convey, property to the county, state, or local

243

government as a prerequisite to zoning change approval shall be

244

construed as an act of reliance to vest rights as determined

245

under this subsection, provided such zoning change is actually

246

granted by such government.

247

     Section 11.  Paragraph (a) of subsection (4) of section

248

380.0651, Florida Statutes, is amended to read:

249

     380.0651  Statewide guidelines and standards.--

250

     (4)  Two or more developments, represented by their owners

251

or developers to be separate developments, shall be aggregated

252

and treated as a single development under this chapter when they

253

are determined to be part of a unified plan of development and

254

are physically proximate to one other.

255

     (a)  The criteria of two of the following subparagraphs must

256

be met in order for the state land planning agency to determine

257

that there is a unified plan of development:

258

     1.a.  The same person has retained or shared control of the

259

developments;

260

     b.  The same person has ownership or a significant legal or

261

equitable interest in the developments; or

262

     c.  There is common management of the developments

263

controlling the form of physical development or disposition of

264

parcels of the development.

265

     2.  There is a reasonable closeness in time between the

266

completion of 80 percent or less of one development and the

267

submission to a governmental agency of a master plan or series of

268

plans or drawings for the other development which is indicative

269

of a common development effort.

270

     3.  A master plan or series of plans or drawings exists

271

covering the developments sought to be aggregated which have been

272

submitted to a local general-purpose government, water management

273

district, the Florida Department of Environmental Protection, or

274

the Division of Florida Land Sales, Condominiums, Timeshares, and

275

Mobile Homes for authorization to commence development. The

276

existence or implementation of a utility's master utility plan

277

required by the Public Service Commission or general-purpose

278

local government or a master drainage plan shall not be the sole

279

determinant of the existence of a master plan.

280

     4.  The voluntary sharing of infrastructure that is

281

indicative of a common development effort or is designated

282

specifically to accommodate the developments sought to be

283

aggregated, except that which was implemented because it was

284

required by a local general-purpose government; water management

285

district; the Department of Environmental Protection; the

286

Division of Florida Land Sales, Condominiums, Timeshares, and

287

Mobile Homes; or the Public Service Commission.

288

     5.  There is a common advertising scheme or promotional plan

289

in effect for the developments sought to be aggregated.

290

     Section 12.  Paragraph (c) of subsection (4) of section

291

381.0065, Florida Statutes, is amended to read:

292

     381.0065  Onsite sewage treatment and disposal systems;

293

regulation.--

294

     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may

295

not construct, repair, modify, abandon, or operate an onsite

296

sewage treatment and disposal system without first obtaining a

297

permit approved by the department. The department may issue

298

permits to carry out this section, but shall not make the

299

issuance of such permits contingent upon prior approval by the

300

Department of Environmental Protection, except that the issuance

301

of a permit for work seaward of the coastal construction control

302

line established under s. 161.053 shall be contingent upon

303

receipt of any required coastal construction control line permit

304

from the Department of Environmental Protection. A construction

305

permit is valid for 18 months from the issuance date and may be

306

extended by the department for one 90-day period under rules

307

adopted by the department. A repair permit is valid for 90 days

308

from the date of issuance. An operating permit must be obtained

309

prior to the use of any aerobic treatment unit or if the

310

establishment generates commercial waste. Buildings or

311

establishments that use an aerobic treatment unit or generate

312

commercial waste shall be inspected by the department at least

313

annually to assure compliance with the terms of the operating

314

permit. The operating permit for a commercial wastewater system

315

is valid for 1 year from the date of issuance and must be renewed

316

annually. The operating permit for an aerobic treatment unit is

317

valid for 2 years from the date of issuance and must be renewed

318

every 2 years. If all information pertaining to the siting,

319

location, and installation conditions or repair of an onsite

320

sewage treatment and disposal system remains the same, a

321

construction or repair permit for the onsite sewage treatment and

322

disposal system may be transferred to another person, if the

323

transferee files, within 60 days after the transfer of ownership,

324

an amended application providing all corrected information and

325

proof of ownership of the property. There is no fee associated

326

with the processing of this supplemental information. A person

327

may not contract to construct, modify, alter, repair, service,

328

abandon, or maintain any portion of an onsite sewage treatment

329

and disposal system without being registered under part III of

330

chapter 489. A property owner who personally performs

331

construction, maintenance, or repairs to a system serving his or

332

her own owner-occupied single-family residence is exempt from

333

registration requirements for performing such construction,

334

maintenance, or repairs on that residence, but is subject to all

335

permitting requirements. A municipality or political subdivision

336

of the state may not issue a building or plumbing permit for any

337

building that requires the use of an onsite sewage treatment and

338

disposal system unless the owner or builder has received a

339

construction permit for such system from the department. A

340

building or structure may not be occupied and a municipality,

341

political subdivision, or any state or federal agency may not

342

authorize occupancy until the department approves the final

343

installation of the onsite sewage treatment and disposal system.

344

A municipality or political subdivision of the state may not

345

approve any change in occupancy or tenancy of a building that

346

uses an onsite sewage treatment and disposal system until the

347

department has reviewed the use of the system with the proposed

348

change, approved the change, and amended the operating permit.

349

     (c) Notwithstanding the provisions of paragraphs (a) and

350

(b), for subdivisions platted of record on or before October 1,

351

1991, when a developer or other appropriate entity has previously

352

made or makes provisions, including financial assurances or other

353

commitments, acceptable to the Department of Health, that a

354

central water system will be installed by a regulated public

355

utility based on a density formula, private potable wells may be

356

used with onsite sewage treatment and disposal systems until the

357

agreed-upon densities are reached. The department may consider

358

assurances filed with the Department of Business and Professional

359

Regulation under chapter 498 in determining the adequacy of the

360

financial assurance required by this paragraph. In a subdivision

361

regulated by this paragraph, the average daily sewage flow may

362

not exceed 2,500 gallons per acre per day. This section does not

363

affect the validity of existing prior agreements. After October

364

1, 1991, the exception provided under this paragraph is not

365

available to a developer or other appropriate entity.

366

     Section 13.  Subsections (8) through (12) of section 450.33,

367

Florida Statutes, are amended to read:

368

     450.33  Duties of farm labor contractor.--Every farm labor

369

contractor must:

370

     (8) File, within such time as the department may prescribe,

371

a set of his or her fingerprints.

372

     (8)(9) Produce evidence to the department that each vehicle

373

he or she uses for the transportation of employees complies with

374

the requirements and specifications established in chapter 316,

375

s. 316.622, or Pub. L. No. 93-518 as amended by Pub. L. No. 97-

376

470 meeting Department of Transportation requirements or, in lieu

377

thereof, bears a valid inspection sticker showing that the

378

vehicle has passed the inspection in the state in which the

379

vehicle is registered.

380

     (9)(10) Comply with all applicable statutes, rules, and

381

regulations of the United States and of the State of Florida for

382

the protection or benefit of labor, including, but not limited

383

to, those providing for wages, hours, fair labor standards,

384

social security, workers' compensation, unemployment

385

compensation, child labor, and transportation.

386

     (10)(11) Maintain accurate daily field records for each

387

employee actually paid by the farm labor contractor reflecting

388

the hours worked for the farm labor contractor and, if paid by

389

unit, the number of units harvested and the amount paid per unit.

390

     (11)(12) Clearly display on each vehicle used to transport

391

migrant or seasonal farm workers a display sticker issued by the

392

department, which states that the vehicle is authorized by the

393

department to transport farm workers and the expiration date of

394

the authorization.

395

     Section 14.  Subsection (10) is added to section 455.203,

396

Florida Statutes, to read:

397

     455.203  Department; powers and duties.--The department, for

398

the boards under its jurisdiction, shall:

399

     (10) Have authority to:

400

     (a) Close and terminate deficient license application files

401

2 years after the date on which the board or the department

402

notifies the applicant of the deficiency; and

403

     (b) Approve applications for professional licenses meeting

404

all statutory and rule requirements for licensure.

405

     Section 15.  Subsection (5) of section 455.116, Florida

406

Statutes, is amended to read:

407

     455.116  Regulation trust funds.--The following trust funds

408

shall be placed in the department:

409

     (5) Division of Florida Land Sales, Condominiums,

410

Timeshares, and Mobile Homes Trust Fund.

411

     Section 16.  Subsection (1) of section 455.217, Florida

412

Statutes, is amended to read:

413

     455.217  Examinations.--This section shall be read in

414

conjunction with the appropriate practice act associated with

415

each regulated profession under this chapter.

416

     (1) The Division of Technology, Licensure, and Testing of

417

the Department of Business and Professional Regulation shall

418

provide, contract, or approve services for the development,

419

preparation, administration, scoring, score reporting, and

420

evaluation of all examinations. The division shall seek the

421

advice of the appropriate board in providing such services.

422

     (a)  The department, acting in conjunction with the Division

423

of Technology, Licensure, and Testing and the Division of Real

424

Estate, as appropriate, shall ensure that examinations adequately

425

and reliably measure an applicant's ability to practice the

426

profession regulated by the department. After an examination

427

developed or approved by the department has been administered,

428

the board or department may reject any question which does not

429

reliably measure the general areas of competency specified in the

430

rules of the board or department, when there is no board. The

431

department shall use professional testing services for the

432

development, preparation, and evaluation of examinations, when

433

such services are available and approved by the board.

434

     (b)  For each examination developed by the department or

435

contracted vendor, to the extent not otherwise specified by

436

statute, the board or the department when there is no board,

437

shall by rule specify the general areas of competency to be

438

covered by the examination, the relative weight to be assigned in

439

grading each area tested, the score necessary to achieve a

440

passing grade, and the fees, where applicable, to cover the

441

actual cost for any purchase, development, and administration of

442

the required examination. However, statutory fee caps in each

443

practice act shall apply. This subsection does not apply to

444

national examinations approved and administered pursuant to

445

paragraph (d).

446

     (c)  If a practical examination is deemed to be necessary,

447

rules shall specify the criteria by which examiners are to be

448

selected, the grading criteria to be used by the examiner, the

449

relative weight to be assigned in grading each criterion, and the

450

score necessary to achieve a passing grade. When a mandatory

451

standardization exercise for a practical examination is required

452

by law, the board may conduct such exercise. Therefore, board

453

members may serve as examiners at a practical examination with

454

the consent of the board.

455

     (d)  A board, or the department when there is no board, may

456

approve by rule the use of any national examination which the

457

department has certified as meeting requirements of national

458

examinations and generally accepted testing standards pursuant to

459

department rules. Providers of examinations, which may be either

460

profit or nonprofit entities, seeking certification by the

461

department shall pay the actual costs incurred by the department

462

in making a determination regarding the certification. The

463

department shall use any national examination which is available,

464

certified by the department, and approved by the board. The name

465

and number of a candidate may be provided to a national

466

contractor for the limited purpose of preparing the grade tape

467

and information to be returned to the board or department or, to

468

the extent otherwise specified by rule, the candidate may apply

469

directly to the vendor of the national examination. The

470

department may delegate to the board the duty to provide and

471

administer the examination. Any national examination approved by

472

a board, or the department when there is no board, prior to

473

October 1, 1997, is deemed certified under this paragraph. Any

474

licensing or certification examination that is not developed or

475

administered by the department in-house or provided as a national

476

examination shall be competitively bid.

477

     (e)  The department shall adopt rules regarding the security

478

and monitoring of examinations. In order to maintain the security

479

of examinations, the department may employ the procedures set

480

forth in s. 455.228 to seek fines and injunctive relief against

481

an examinee who violates the provisions of s. 455.2175 or the

482

rules adopted pursuant to this paragraph. The department, or any

483

agent thereof, may, for the purposes of investigation, confiscate

484

any written, photographic, or recording material or device in the

485

possession of the examinee at the examination site which the

486

department deems necessary to enforce such provisions or rules.

487

     (f)  If the professional board with jurisdiction over an

488

examination concurs, the department may, for a fee, share with

489

any other state's licensing authority an examination developed by

490

or for the department unless prohibited by a contract entered

491

into by the department for development or purchase of the

492

examination. The department, with the concurrence of the

493

appropriate board, shall establish guidelines that ensure

494

security of a shared exam and shall require that any other

495

state's licensing authority comply with those guidelines. Those

496

guidelines shall be approved by the appropriate professional

497

board. All fees paid by the user shall be applied to the

498

department's examination and development program for professions

499

regulated by this chapter. All fees paid by the user for

500

professions not regulated by this chapter shall be applied to

501

offset the fees for the development and administration of that

502

profession's examination. If both a written and a practical

503

examination are given, an applicant shall be required to retake

504

only the portion of the examination for which he or she failed to

505

achieve a passing grade, if he or she successfully passes that

506

portion within a reasonable time of his or her passing the other

507

portion.

508

     Section 17.  Subsection (6) is added to section 455.2273,

509

Florida Statutes, to read:

510

     455.2273  Disciplinary guidelines.--

511

     (6) Notwithstanding s. 455.017, this section applies to

512

disciplinary guidelines adopted by all boards or divisions within

513

the department.

514

     Section 18.  Paragraph (b) of subsection (2) of section

515

475.17, Florida Statutes, is amended to read:

516

     475.17  Qualifications for practice.--

517

     (2)

518

     (b)  A person may not be licensed as a real estate broker

519

unless, in addition to the other requirements of law, the person

520

has held:

521

     1.  An active real estate sales associate's license for at

522

least 24 12 months during the preceding 5 years in the office of

523

one or more real estate brokers licensed in this state or any

524

other state, territory, or jurisdiction of the United States or

525

in any foreign national jurisdiction;

526

     2.  A current and valid real estate sales associate's

527

license for at least 24 12 months during the preceding 5 years in

528

the employ of a governmental agency for a salary and performing

529

the duties authorized in this part for real estate licensees; or

530

     3.  A current and valid real estate broker's license for at

531

least 24 12 months during the preceding 5 years in any other

532

state, territory, or jurisdiction of the United States or in any

533

foreign national jurisdiction.

534

535

This paragraph does not apply to a person employed as a real

536

estate investigator by the Division of Real Estate, provided the

537

person has been employed as a real estate investigator for at

538

least 24 months. The person must be currently employed as a real

539

estate investigator to sit for the real estate broker's

540

examination and have held a valid and current sales associate's

541

license for at least 12 months.

542

     Section 19.  Subsection (9) of section 475.451, Florida

543

Statutes, is amended to read:

544

     475.451  Schools teaching real estate practice.--

545

     (9)(a) Each school permitholder of a proprietary real

546

estate school, each chief administrative person of such an

547

institution, or each course sponsor shall deliver to the

548

department, in a format acceptable to the department, a copy of

549

the classroom course roster of courses that require satisfactory

550

completion of an examination no later than 30 days beyond the end

551

of the calendar month in which the course was completed.

552

     (b) The course roster shall consist of the institution or

553

school name and permit number, if applicable, the instructor's

554

name and permit number, if applicable, course title, beginning

555

and ending dates of the course, number of course hours, course

556

location, if applicable, each student's full name and license

557

number, if applicable, each student's mailing address, and the

558

numerical grade each student achieved. The course roster shall

559

also include the signature of the school permitholder, the chief

560

administrative person, or the course sponsor.

561

     Section 20.  Section 475.455, Florida Statutes, is amended

562

to read:

563

     475.455  Exchange of disciplinary information.--The

564

commission shall inform the Division of Florida Land Sales,

565

Condominiums, Timeshares, and Mobile Homes of the Department of

566

Business and Professional Regulation of any disciplinary action

567

the commission has taken against any of its licensees. The

568

division shall inform the commission of any disciplinary action

569

the division has taken against any broker or sales associate

570

registered with the division.

571

     Section 21.  Paragraph (d) is added to subsection (2) of

572

section 477.019, Florida Statutes, and subsection (4) of that

573

section is amended, to read:

574

     477.019  Cosmetologists; qualifications; licensure;

575

supervised practice; license renewal; endorsement; continuing

576

education.--

577

     (2)  An applicant shall be eligible for licensure by

578

examination to practice cosmetology if the applicant:

579

     (d) Has submitted for examination approval in the last 100

580

hours of training by a pregraduate of a licensed cosmetology

581

school or a program within the public school system, if such

582

school or program is certified by the Department of Education and

583

the applicant pays the application fee as required in paragraph

584

(b). Upon approval and the completion of all required training,

585

the applicant may schedule an examination. An applicant must take

586

the examination within 6 months from the date on which he or she

587

receives approval. If the applicant fails to take the exam within

588

the 6-month period, he or she must reapply for examination

589

approval. The board shall establish by rule procedures for the

590

pregraduate application process.

591

     (4) If an applicant passes all parts of the exam for

592

licensure as a cosmetologist, he or she may practice in the time

593

between passing the examination and receiving a physical copy of

594

his or her license if he or she practices under the supervision

595

of a licensed cosmetologist in a licensed salon. An applicant who

596

fails any part of the examination may not practice as a

597

cosmetologist and may immediately apply for reexamination.

598

Following the completion of the first licensing examination and

599

pending the results of that examination and issuance of a license

600

to practice cosmetology, graduates of licensed cosmetology

601

schools or cosmetology programs offered in public school systems,

602

which schools or programs are certified by the Department of

603

Education, are eligible to practice cosmetology, provided such

604

graduates practice under the supervision of a licensed

605

cosmetologist in a licensed cosmetology salon. A graduate who

606

fails the first examination may continue to practice under the

607

supervision of a licensed cosmetologist in a licensed cosmetology

608

salon if the graduate applies for the next available examination

609

and until the graduate receives the results of that examination.

610

No graduate may continue to practice under this subsection if the

611

graduate fails the examination twice.

612

     Section 22.  Subsection (6) of section 489.105, Florida

613

Statutes, is amended to read:

614

     489.105  Definitions.--As used in this part:

615

     (6)  "Contracting" means, except as exempted in this part,

616

engaging in business as a contractor and includes, but is not

617

limited to, performance of any of the acts as set forth in

618

subsection (3) which define types of contractors. The attempted

619

sale of contracting services and the negotiation or bid for a

620

contract on these services also constitutes contracting. If the

621

services offered require licensure or agent qualification, the

622

offering, negotiation for a bid, or attempted sale of these

623

services requires the corresponding licensure. However, the term

624

"contracting" shall not extend to an individual, partnership,

625

corporation, trust, or other legal entity that offers to sell or

626

sells completed residences on property on which the individual or

627

business entity has any legal or equitable interest, or to the

628

individual or business entity selling or offering to sell

629

manufactured or factory-built buildings that will be completed

630

on-site on property on which either party to a contract has any

631

legal or equitable interest, if the services of a qualified

632

contractor certified or registered pursuant to the requirements

633

of this chapter have been or will be retained for the purpose of

634

constructing or completing such residences.

635

     Section 23.  Section 489.511, Florida Statutes, is amended

636

to read:

637

     489.511  Certification; application; examinations;

638

endorsement.--

639

     (1)(a) Any person who is at least 18 years of age may take

640

the certification examination.

641

     (b) Any person desiring to be certified as a contractor

642

shall apply to the department in writing and must meet the

643

following criteria: to take the certification examination.

644

     (2)(a) A person shall be entitled to take the certification

645

examination for the purpose of determining whether he or she is

646

qualified to engage in contracting throughout the state as a

647

contractor if the person:

648

     1. Is at least 18 years of age;

649

     1.2. Be Is of good moral character;

650

     2. Pass the certification examination, achieving a passing

651

grade as established by board rule; and

652

     3. Meet Meets eligibility requirements according to one of

653

the following criteria:

654

     a. Have Has, within the 6 years immediately preceding the

655

filing of the application, at least 3 years' proven management

656

experience in the trade or education equivalent thereto, or a

657

combination thereof, but not more than one-half of such

658

experience may be educational equivalent;

659

     b. Have Has, within the 8 years immediately preceding the

660

filing of the application, at least 4 years' experience as a

661

supervisor or contractor in the trade for which he or she is

662

making application;

663

     c. Have Has, within the 12 years immediately preceding the

664

filing of the application, at least 6 years of comprehensive

665

training, technical education, or supervisory experience

666

associated with an electrical or alarm system contracting

667

business, or at least 6 years of technical experience in

668

electrical or alarm system work with the Armed Forces or a

669

governmental entity;

670

     d. Have Has, within the 12 years immediately preceding the

671

filing of the application, been licensed for 3 years as a

672

professional engineer who is qualified by education, training, or

673

experience to practice electrical engineering; or

674

     e. Have Has any combination of qualifications under sub-

675

subparagraphs a.-c. totaling 6 years of experience.

676

     (c)(b) For purposes of this subsection, "supervisor" means

677

a person having the experience gained while having the general

678

duty of overseeing the technical duties of the trade, if provided

679

that such experience is gained by a person who is able to perform

680

the technical duties of the trade without supervision.

681

     (d)(c) For purposes of this subsection, at least 40 percent

682

of the work experience for an alarm system contractor I must be

683

in the types of fire alarm systems typically used in a commercial

684

setting.

685

     (2)(3) The board may determine by rule the number of times

686

per year the applicant may take the examination and after three

687

unsuccessful attempts may On or after October 1, 1998, every

688

applicant who is qualified shall be allowed to take the

689

examination three times, notwithstanding the number of times the

690

applicant has previously failed the examination. If an applicant

691

fails the examination three times after October 1, 1998, the

692

board shall require the applicant to complete additional college-

693

level or technical education courses in the areas of deficiency,

694

as determined by the board, as a condition of future eligibility

695

to take the examination. The applicant must also submit a new

696

application that meets all certification requirements at the time

697

of its submission and must pay all appropriate fees.

698

     (3)(4)(a) "Good moral character" means a personal history

699

of honesty, fairness, and respect for the rights of others and

700

for laws of this state and nation.

701

     (b)  The board may determine that an individual applying for

702

certification is ineligible to take the examination for failure

703

to satisfy the requirement of good moral character only if:

704

     1.  There is a substantial connection between the lack of

705

good moral character of the individual and the professional

706

responsibilities of a certified contractor; and

707

     2.  The finding by the board of lack of good moral character

708

is supported by clear and convincing evidence.

709

     (c)  When an individual is found to be unqualified for

710

certification examination because of a lack of good moral

711

character, the board shall furnish such individual a statement

712

containing the findings of the board, a complete record of the

713

evidence upon which the determination was based, and a notice of

714

the rights of the individual to a rehearing and appeal.

715

     (4)(5) The board shall, by rule, designate those types of

716

specialty electrical or alarm system contractors who may be

717

certified under this part. The limit of the scope of work and

718

responsibility of a certified specialty contractor shall be

719

established by board rule. A certified specialty contractor

720

category exists as an optional statewide licensing category.

721

Qualification for certification in a specialty category created

722

by rule shall be the same as set forth in paragraph (1)(b)

723

(2)(a). The existence of a specialty category created by rule

724

does not itself create any licensing requirement; however,

725

neither does its optional nature remove any licensure requirement

726

established elsewhere in this part.

727

     (5)(6) The board shall certify as qualified for

728

certification by endorsement any individual applying for

729

certification who:

730

     (a)  Meets the requirements for certification as set forth

731

in this section; has passed a national, regional, state, or

732

United States territorial licensing examination that is

733

substantially equivalent to the examination required by this

734

part; and has satisfied the requirements set forth in s. 489.521;

735

or

736

     (b)  Holds a valid license to practice electrical or alarm

737

system contracting issued by another state or territory of the

738

United States, if the criteria for issuance of such license was

739

substantially equivalent to the certification criteria that

740

existed in this state at the time the certificate was issued.

741

     (6)(7) Upon the issuance of a certificate, any previously

742

issued registered licenses for the classification in which the

743

certification is issued are rendered void.

744

     Section 24.  Paragraph (b) of subsection (1) of section

745

489.515, Florida Statutes, is amended to read:

746

     489.515  Issuance of certificates; registrations.--

747

     (1)

748

     (b)  The board shall certify as qualified for certification

749

any person who satisfies the requirements of s. 489.511, who

750

successfully passes the certification examination administered by

751

the department, achieving a passing grade as established by board

752

rule, and who submits satisfactory evidence that he or she has

753

obtained both workers' compensation insurance or an acceptable

754

exemption certificate issued by the department and public

755

liability and property damage insurance for the health, safety,

756

and welfare of the public in amounts determined by rule of the

757

board, and furnishes evidence of financial responsibility,

758

credit, and business reputation of either himself or herself or

759

the business organization he or she desires to qualify.

760

     Section 25.  Section 494.008, Florida Statutes, is amended

761

to read:

762

     494.008 Mortgages offered by land developers licensed

763

pursuant to the Florida Uniform Land Sales Practices Law;

764

requirements; prohibitions.--No mortgage loan which has a face

765

amount of $35,000 or less and is secured by vacant land

766

registered under the Florida Uniform Land Sales Practices Law,

767

chapter 498, shall be sold to a mortgagee, except a financial

768

institution, by any person unless all of the following

769

requirements are met:

770

     (1)  Each mortgage securing a note or other obligation sold

771

or offered for sale shall be eligible for a recordation as a

772

first mortgage.

773

     (2)  Each mortgage negotiated pursuant to this section must

774

include a mortgagee's title insurance policy or an opinion of

775

title, from an attorney who is licensed to practice law in this

776

state, on each parcel of land which is described in the mortgage.

777

The policy or opinion shall reflect that there are no other

778

mortgages on the property. A notice stating the priority of the

779

mortgage shall be placed on the face of each mortgage in an

780

amount over $35,000 issued pursuant to this section.

781

     (3)  Contracts to purchase a mortgage loan shall contain,

782

immediately above the purchaser's signature line, the statement

783

in 10-point boldfaced type: "This mortgage is secured by vacant

784

land subject to development at a future time." This statement

785

shall also be typed or printed in 10-point type on the face of

786

the note and mortgage sold.

787

     (4)  The most recent assessment for tax purposes made by the

788

county property appraiser of each parcel of land described in the

789

mortgage shall be furnished to each mortgagee.

790

     (5)  The mortgage broker shall record or cause to be

791

recorded all mortgages or other similar documents prior to

792

delivery of the note and mortgage to the mortgagee.

793

     (6)  All funds received by the mortgage broker pursuant to

794

this section shall promptly be deposited in the broker's trust

795

account where they shall remain until the note and mortgage are

796

fully executed and recorded.

797

     (7)  Willful failure to comply with any of the above

798

provisions shall subject the person to the penalties of s.

799

494.05.

800

     Section 26. Section 498.009, Florida Statutes, is

801

transferred and renumbered as section 718.50152, Florida

802

Statutes.

803

     Section 27.  Section 498.011, Florida Statutes, is

804

transferred, renumbered as section 718.50153, Florida Statutes,

805

and amended to read:

806

     718.50153 498.011 Payment of per diem, mileage, and other

807

expenses to division employees.--The amount of per diem and

808

mileage and expense money paid to employees shall be as provided

809

in s. 112.061, except that the division shall establish by rule

810

the standards for reimbursement of actual verified expenses

811

incurred in connection with an on-site review inspection or

812

investigation of subdivided lands.

813

     Section 28. Section 498.013, Florida Statutes, is

814

transferred and renumbered as section 718.50154, Florida

815

Statutes.

816

     Section 29.  Section 498.057, Florida Statutes, is

817

transferred, renumbered as section 718.50155, Florida Statutes,

818

and amended, to read:

819

     718.50155 498.057 Service of process.--

820

     (1)  In addition to the methods of service provided for in

821

the Florida Rules of Civil Procedure and the Florida Statutes,

822

service may be made and by delivering a copy of the process to

823

the director of the division, which shall be binding upon the

824

defendant or respondent if:

825

     (a) The division plaintiff, which is acting as the

826

petitioner or plaintiff may be the division, immediately sends a

827

copy of the process and of the pleading by certified mail to the

828

defendant or respondent at his or her last known address;, and

829

     (b) The division plaintiff files an affidavit of compliance

830

with this section on or before the return date of the process or

831

within the time set by the court.

832

     (2)  If any person, including any nonresident of this state,

833

allegedly engages in conduct prohibited by this chapter, or any

834

rule or order of the division, and has not filed a consent to

835

service of process, and personal jurisdiction over him or her

836

cannot otherwise be obtained in this state, the director shall be

837

authorized to receive service of process in any noncriminal

838

proceeding against that person or his or her successor which

839

grows out of the conduct and which is brought by the division

840

under this chapter or any rule or order of the division. The

841

process shall have the same force and validity as if personally

842

served. Notice shall be given as provided in subsection (1).

843

     Section 30. Sections 498.001, 498.003, 498.005, 498.007,

844

498.017, 498.019, 498.021, 498.022, 498.023, 498.024, 498.025,

845

498.027, 498.028, 498.029, 498.031, 498.033, 498.035, 498.037,

846

498.039, 498.041, 498.047, 498.049, 498.051, 498.053, 498.059,

847

498.061, and 498.063, Florida Statutes, are repealed.

848

     Section 31.  Section 509.512, Florida Statutes, is amended

849

to read:

850

     509.512  Timeshare plan developer and exchange company

851

exemption.--Sections 509.501-509.511 do not apply to a developer

852

of a timeshare plan or an exchange company approved by the

853

Division of Florida Land Sales, Condominiums, Timeshares, and

854

Mobile Homes pursuant to chapter 721, but only to the extent that

855

the developer or exchange company engages in conduct regulated

856

under chapter 721.

857

     Section 32.  Subsection (2) of section 517.301, Florida

858

Statutes, is amended to read:

859

     517.301  Fraudulent transactions; falsification or

860

concealment of facts.--

861

     (2)  For purposes of ss. 517.311 and 517.312 and this

862

section, the term "investment" means any commitment of money or

863

property principally induced by a representation that an economic

864

benefit may be derived from such commitment, except that the term

865

"investment" does not include a commitment of money or property

866

for:

867

     (a)  The purchase of a business opportunity, business

868

enterprise, or real property through a person licensed under

869

chapter 475 or registered under former chapter 498; or

870

     (b)  The purchase of tangible personal property through a

871

person not engaged in telephone solicitation, where said property

872

is offered and sold in accordance with the following conditions:

873

     1.  There are no specific representations or guarantees made

874

by the offeror or seller as to the economic benefit to be derived

875

from the purchase;

876

     2.  The tangible property is delivered to the purchaser

877

within 30 days after sale, except that such 30-day period may be

878

extended by the office if market conditions so warrant; and

879

     3.  The seller has offered the purchaser a full refund

880

policy in writing, exercisable by the purchaser within 10 days of

881

the date of delivery of such tangible personal property, except

882

that the amount of such refund may not in no event shall exceed

883

the bid price in effect at the time the property is returned to

884

the seller. If the applicable sellers' market is closed at the

885

time the property is returned to the seller for a refund, the

886

amount of such refund shall be based on the bid price for such

887

property at the next opening of such market.

888

     Section 33.  Subsection (4) of section 548.0065, Florida

889

Statutes, is amended to read:

890

     548.0065  Amateur matches; sanctioning and supervision;

891

health and safety standards; compliance checks; continuation,

892

suspension, and revocation of sanctioning approval.--

893

     (4)  Any member of the commission or the executive director

894

of the commission may suspend the approval of an amateur

895

sanctioning organization for failure to supervise amateur matches

896

or to enforce the approved health and safety standards required

897

under this chapter, provided that the suspension complies with

898

the procedures for summary suspensions in s. 120.60(6). At any

899

amateur boxing, or kickboxing, or mixed martial arts contest, any

900

member of the commission or a representative of the commission

901

may immediately suspend one or more matches in an event whenever

902

it appears that the match or matches violate the health and

903

safety standards established by rule as required by this chapter.

904

A law enforcement officer may assist any member of the commission

905

or a representative of the commission to enforce an order to stop

906

a contest if called upon to do so by a member of the commission

907

or a representative of the commission.

908

     Section 34.  Subsections (2), (3), and (4) of section

909

548.008, Florida Statutes, are amended to read:

910

     548.008  Prohibited competitions.--

911

     (2) No amateur mixed martial arts match may be held in this

912

state.

913

     (2)(3) No professional match may be held in this state

914

unless it meets the requirements for holding the match as

915

provided in this chapter and the rules adopted by the commission.

916

     (3)(4)(a) Any person participating in a match prohibited

917

under this section, knowing the match to be prohibited, commits a

918

misdemeanor of the second degree, punishable as provided in s.

919

775.082 or s. 775.083.

920

     (b)  Any person holding, promoting, or sponsoring a match

921

prohibited under this section commits a felony of the third

922

degree, punishable as provided in s. 775.082, s. 775.083, or s.

923

775.084.

924

     Section 35.  Subsection (1) of section 548.041, Florida

925

Statutes, is amended to read:

926

     548.041  Age, condition, and suspension of participants.--

927

     (1) A person may shall not be licensed as a participant,

928

and the license of a any participant shall be suspended or

929

revoked, if such person:

930

     (a)  Is under the age of 18;

931

     (b)  Has participated in a match in this state which was not

932

sanctioned by the commission or by a Native American commission

933

properly constituted under federal law; or

934

     (c)  Does not meet certain health and medical examination

935

conditions as required by rule of the commission;.

936

     (d) Has not competed in a minimum number of amateur boxing

937

events as determined by commission rule prior to licensure; or

938

     (e) Has not participated in a minimum number of amateur

939

mixed martial arts events as determined by commission rule prior

940

to licensure.

941

     Section 36.  Subsection (1) of section 559.935, Florida

942

Statutes, is amended to read:

943

     559.935  Exemptions.--

944

     (1)  This part does not apply to:

945

     (a)  A bona fide employee of a seller of travel who is

946

engaged solely in the business of her or his employer;

947

     (b)  Any direct common carrier of passengers or property

948

regulated by an agency of the Federal Government or employees of

949

such carrier when engaged solely in the transportation business

950

of the carrier as identified in the carrier's certificate;

951

     (c)  An intrastate common carrier of passengers or property

952

selling only transportation as defined in the applicable state or

953

local registration or certification, or employees of such carrier

954

when engaged solely in the transportation business of the

955

carrier;

956

     (d)  Hotels, motels, or other places of public accommodation

957

selling public accommodations, or employees of such hotels,

958

motels, or other places of public accommodation, when engaged

959

solely in making arrangements for lodging, accommodations, or

960

sightseeing tours within the state, or taking reservations for

961

the traveler with times, dates, locations, and accommodations

962

certain at the time the reservations are made, provided that

963

hotels and motels registered with the Department of Business and

964

Professional Regulation pursuant to chapter 509 are excluded from

965

the provisions of this chapter;

966

     (e)  Persons involved solely in the rental, leasing, or sale

967

of residential property;

968

     (f)  Persons involved solely in the rental, leasing, or sale

969

of transportation vehicles;

970

     (g)  Persons who make travel arrangements for themselves;

971

for their employees or agents; for distributors, franchisees, or

972

dealers of the persons' products or services; for entities which

973

are financially related to the persons; or for the employees or

974

agents of the distributor, franchisee, or dealer or financially

975

related entity;

976

     (h)  A developer of a timeshare plan or an exchange company

977

approved by the Division of Florida Land Sales, Condominiums,

978

Timeshares, and Mobile Homes pursuant to chapter 721, but only to

979

the extent that the developer or exchange company engages in

980

conduct regulated under chapter 721; or

981

     (i)  Persons or entities engaged solely in offering diving

982

services, including classes and sales or rentals of equipment,

983

when engaged in making any prearranged travel-related or tourist-

984

related services in conjunction with a primarily dive-related

985

event.

986

     Section 37.  Subsection (17) of section 718.103, Florida

987

Statutes, is amended to read:

988

     718.103  Definitions.--As used in this chapter, the term:

989

     (17) "Division" means the Division of Florida Land Sales,

990

Condominiums, Timeshares, and Mobile Homes of the Department of

991

Business and Professional Regulation.

992

     Section 38.  Paragraph (c) of subsection (4) of section

993

718.105, Florida Statutes, is amended to read:

994

     718.105  Recording of declaration.--

995

     (4)

996

     (c)  If the sum of money held by the clerk has not been paid

997

to the developer or association as provided in paragraph (b)

998

within by 3 years after the date the declaration was originally

999

recorded, the clerk in his or her discretion may notify, in

1000

writing, the registered agent of the association that the sum is

1001

still available and the purpose for which it was deposited. If

1002

the association does not record the certificate within 90 days

1003

after the clerk has given the notice, the clerk may disburse the

1004

money to the developer. If the developer cannot be located, the

1005

clerk shall disburse the money to the Division of Florida Land

1006

Sales, Condominiums, Timeshares, and Mobile Homes for deposit in

1007

the Division of Florida Land Sales, Condominiums, Timeshares, and

1008

Mobile Homes Trust Fund.

1009

     Section 39.  Subsection (4) of section 718.1255, Florida

1010

Statutes, is amended to read:

1011

     718.1255  Alternative dispute resolution; voluntary

1012

mediation; mandatory nonbinding arbitration; legislative

1013

findings.--

1014

     (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF

1015

DISPUTES.--The Division of Florida Land Sales, Condominiums,

1016

Timeshares, and Mobile Homes of the Department of Business and

1017

Professional Regulation shall employ full-time attorneys to act

1018

as arbitrators to conduct the arbitration hearings provided by

1019

this chapter. The division may also certify attorneys who are not

1020

employed by the division to act as arbitrators to conduct the

1021

arbitration hearings provided by this section. No person may be

1022

employed by the department as a full-time arbitrator unless he or

1023

she is a member in good standing of The Florida Bar. The

1024

department shall adopt promulgate rules of procedure to govern

1025

such arbitration hearings including mediation incident thereto.

1026

The decision of an arbitrator shall be final; however, such a

1027

decision shall not be deemed final agency action. Nothing in this

1028

provision shall be construed to foreclose parties from proceeding

1029

in a trial de novo unless the parties have agreed that the

1030

arbitration is binding. If such judicial proceedings are

1031

initiated, the final decision of the arbitrator shall be

1032

admissible in evidence in the trial de novo.

1033

     (a)  Prior to the institution of court litigation, a party

1034

to a dispute shall petition the division for nonbinding

1035

arbitration. The petition must be accompanied by a filing fee in

1036

the amount of $50. Filing fees collected under this section must

1037

be used to defray the expenses of the alternative dispute

1038

resolution program.

1039

     (b)  The petition must recite, and have attached thereto,

1040

supporting proof that the petitioner gave the respondents:

1041

     1.  Advance written notice of the specific nature of the

1042

dispute;

1043

     2.  A demand for relief, and a reasonable opportunity to

1044

comply or to provide the relief; and

1045

     3.  Notice of the intention to file an arbitration petition

1046

or other legal action in the absence of a resolution of the

1047

dispute.

1048

1049

Failure to include the allegations or proof of compliance with

1050

these prerequisites requires dismissal of the petition without

1051

prejudice.

1052

     (c)  Upon receipt, the petition shall be promptly reviewed

1053

by the division to determine the existence of a dispute and

1054

compliance with the requirements of paragraphs (a) and (b). If

1055

emergency relief is required and is not available through

1056

arbitration, a motion to stay the arbitration may be filed. The

1057

motion must be accompanied by a verified petition alleging facts

1058

that, if proven, would support entry of a temporary injunction,

1059

and if an appropriate motion and supporting papers are filed, the

1060

division may abate the arbitration pending a court hearing and

1061

disposition of a motion for temporary injunction.

1062

     (d)  Upon determination by the division that a dispute

1063

exists and that the petition substantially meets the requirements

1064

of paragraphs (a) and (b) and any other applicable rules, a copy

1065

of the petition shall forthwith be served by the division upon

1066

all respondents.

1067

     (e) Either Before or after the filing of the respondents'

1068

answer to the petition, any party may request that the arbitrator

1069

refer the case to mediation under this section and any rules

1070

adopted by the division. Upon receipt of a request for mediation,

1071

the division shall promptly contact the parties to determine if

1072

there is agreement that mediation would be appropriate. If all

1073

parties agree, the dispute must be referred to mediation.

1074

Notwithstanding a lack of an agreement by all parties, the

1075

arbitrator may refer a dispute to mediation at any time.

1076

     (f)  Upon referral of a case to mediation, the parties must

1077

select a mutually acceptable mediator. To assist in the

1078

selection, the arbitrator shall provide the parties with a list

1079

of both volunteer and paid mediators that have been certified by

1080

the division under s. 718.501. If the parties are unable to agree

1081

on a mediator within the time allowed by the arbitrator, the

1082

arbitrator shall appoint a mediator from the list of certified

1083

mediators. If a case is referred to mediation, the parties shall

1084

attend a mediation conference, as scheduled by the parties and

1085

the mediator. If any party fails to attend a duly noticed

1086

mediation conference, without the permission or approval of the

1087

arbitrator or mediator, the arbitrator must impose sanctions

1088

against the party, including the striking of any pleadings filed,

1089

the entry of an order of dismissal or default if appropriate, and

1090

the award of costs and attorneys' fees incurred by the other

1091

parties. Unless otherwise agreed to by the parties or as provided

1092

by order of the arbitrator, a party is deemed to have appeared at

1093

a mediation conference by the physical presence of the party or

1094

its representative having full authority to settle without

1095

further consultation, provided that an association may comply by

1096

having one or more representatives present with full authority to

1097

negotiate a settlement and recommend that the board of

1098

administration ratify and approve such a settlement within 5 days

1099

from the date of the mediation conference. The parties shall

1100

share equally the expense of mediation, unless they agree

1101

otherwise.

1102

     (g)  The purpose of mediation as provided for by this

1103

section is to present the parties with an opportunity to resolve

1104

the underlying dispute in good faith, and with a minimum

1105

expenditure of time and resources.

1106

     (h)  Mediation proceedings must generally be conducted in

1107

accordance with the Florida Rules of Civil Procedure, and these

1108

proceedings are privileged and confidential to the same extent as

1109

court-ordered mediation. Persons who are not parties to the

1110

dispute are not allowed to attend the mediation conference

1111

without the consent of all parties, with the exception of counsel

1112

for the parties and corporate representatives designated to

1113

appear for a party. If the mediator declares an impasse after a

1114

mediation conference has been held, the arbitration proceeding

1115

terminates, unless all parties agree in writing to continue the

1116

arbitration proceeding, in which case the arbitrator's decision

1117

shall be either binding or nonbinding, as agreed upon by the

1118

parties; in the arbitration proceeding, the arbitrator shall not

1119

consider any evidence relating to the unsuccessful mediation

1120

except in a proceeding to impose sanctions for failure to appear

1121

at the mediation conference. If the parties do not agree to

1122

continue arbitration, the arbitrator shall enter an order of

1123

dismissal, and either party may institute a suit in a court of

1124

competent jurisdiction. The parties may seek to recover any costs

1125

and attorneys' fees incurred in connection with arbitration and

1126

mediation proceedings under this section as part of the costs and

1127

fees that may be recovered by the prevailing party in any

1128

subsequent litigation.

1129

     (i)  Arbitration shall be conducted according to rules

1130

adopted promulgated by the division. The filing of a petition for

1131

arbitration shall toll the applicable statute of limitations.

1132

     (j) At the request of any party to the arbitration, the

1133

such arbitrator shall issue subpoenas for the attendance of

1134

witnesses and the production of books, records, documents, and

1135

other evidence and any party on whose behalf a subpoena is issued

1136

may apply to the court for orders compelling such attendance and

1137

production. Subpoenas shall be served and shall be enforceable in

1138

the manner provided by the Florida Rules of Civil Procedure.

1139

Discovery may, in the discretion of the arbitrator, be permitted

1140

in the manner provided by the Florida Rules of Civil Procedure.

1141

Rules adopted by the division may authorize any reasonable

1142

sanctions except contempt for a violation of the arbitration

1143

procedural rules of the division or for the failure of a party to

1144

comply with a reasonable nonfinal order issued by an arbitrator

1145

which is not under judicial review.

1146

     (k)  The arbitration decision shall be presented to the

1147

parties in writing. An arbitration decision is final in those

1148

disputes in which the parties have agreed to be bound. An

1149

arbitration decision is also final if a complaint for a trial de

1150

novo is not filed in a court of competent jurisdiction in which

1151

the condominium is located within 30 days. The right to file for

1152

a trial de novo entitles the parties to file a complaint in the

1153

appropriate trial court for a judicial resolution of the dispute.

1154

The prevailing party in an arbitration proceeding shall be

1155

awarded the costs of the arbitration and reasonable attorney's

1156

fees in an amount determined by the arbitrator. Such an award

1157

shall include the costs and reasonable attorney's fees incurred

1158

in the arbitration proceeding as well as the costs and reasonable

1159

attorney's fees incurred in preparing for and attending any

1160

scheduled mediation.

1161

     (l)  The party who files a complaint for a trial de novo

1162

shall be assessed the other party's arbitration costs, court

1163

costs, and other reasonable costs, including attorney's fees,

1164

investigation expenses, and expenses for expert or other

1165

testimony or evidence incurred after the arbitration hearing if

1166

the judgment upon the trial de novo is not more favorable than

1167

the arbitration decision. If the judgment is more favorable, the

1168

party who filed a complaint for trial de novo shall be awarded

1169

reasonable court costs and attorney's fees.

1170

     (m)  Any party to an arbitration proceeding may enforce an

1171

arbitration award by filing a petition in a court of competent

1172

jurisdiction in which the condominium is located. A petition may

1173

not be granted unless the time for appeal by the filing of a

1174

complaint for trial de novo has expired. If a complaint for a

1175

trial de novo has been filed, a petition may not be granted with

1176

respect to an arbitration award that has been stayed. If the

1177

petition for enforcement is granted, the petitioner shall recover

1178

reasonable attorney's fees and costs incurred in enforcing the

1179

arbitration award. A mediation settlement may also be enforced

1180

through the county or circuit court, as applicable, and any costs

1181

and fees incurred in the enforcement of a settlement agreement

1182

reached at mediation must be awarded to the prevailing party in

1183

any enforcement action.

1184

     Section 40.  Section 718.501, Florida Statutes, is amended

1185

to read:

1186

     718.501 Powers and duties of Division of Florida Land

1187

Sales, Condominiums, Timeshares, and Mobile Homes.--

1188

     (1) The Division of Florida Land Sales, Condominiums,

1189

Timeshares, and Mobile Homes of the Department of Business and

1190

Professional Regulation, referred to as the "division" in this

1191

part, in addition to other powers and duties prescribed by

1192

chapter 498, has the power to enforce and ensure compliance with

1193

the provisions of this chapter and rules promulgated pursuant

1194

hereto relating to the development, construction, sale, lease,

1195

ownership, operation, and management of residential condominium

1196

units. In performing its duties, the division has the following

1197

powers and duties:

1198

     (a)1. The division may make necessary public or private

1199

investigations within or outside this state to determine whether

1200

any person has violated this chapter or any rule or order

1201

hereunder, to aid in the enforcement of this chapter, or to aid

1202

in the adoption of rules or forms hereunder.

1203

     2. The division may submit any official written report,

1204

worksheet, or other related paper, or a duly certified copy

1205

thereof, compiled, prepared, drafted, or otherwise made by and

1206

duly authenticated by a financial examiner or analyst to be

1207

admitted as competent evidence in any hearing in which the

1208

financial examiner or analyst is available for cross-examination

1209

and attests under oath that such documents were prepared as a

1210

result of an examination or inspection conducted pursuant to this

1211

chapter.

1212

     (b)  The division may require or permit any person to file a

1213

statement in writing, under oath or otherwise, as the division

1214

determines, as to the facts and circumstances concerning a matter

1215

to be investigated.

1216

     (c)  For the purpose of any investigation under this

1217

chapter, the division director or any officer or employee

1218

designated by the division director may administer oaths or

1219

affirmations, subpoena witnesses and compel their attendance,

1220

take evidence, and require the production of any matter which is

1221

relevant to the investigation, including the existence,

1222

description, nature, custody, condition, and location of any

1223

books, documents, or other tangible things and the identity and

1224

location of persons having knowledge of relevant facts or any

1225

other matter reasonably calculated to lead to the discovery of

1226

material evidence. Upon the failure by a person to obey a

1227

subpoena or to answer questions propounded by the investigating

1228

officer and upon reasonable notice to all persons affected

1229

thereby, the division may apply to the circuit court for an order

1230

compelling compliance.

1231

     (d)  Notwithstanding any remedies available to unit owners

1232

and associations, if the division has reasonable cause to believe

1233

that a violation of any provision of this chapter or related rule

1234

promulgated pursuant hereto has occurred, the division may

1235

institute enforcement proceedings in its own name against any

1236

developer, association, officer, or member of the board of

1237

administration, or its assignees or agents, as follows:

1238

     1.  The division may permit a person whose conduct or

1239

actions may be under investigation to waive formal proceedings

1240

and enter into a consent proceeding whereby orders, rules, or

1241

letters of censure or warning, whether formal or informal, may be

1242

entered against the person.

1243

     2.  The division may issue an order requiring the developer,

1244

association, officer, or member of the board of administration,

1245

or its assignees or agents, to cease and desist from the unlawful

1246

practice and take such affirmative action as in the judgment of

1247

the division will carry out the purposes of this chapter. Such

1248

affirmative action may include, but is not limited to, an order

1249

requiring a developer to pay moneys determined to be owed to a

1250

condominium association. If the division finds that a developer,

1251

association, officer, or member of the board of administration,

1252

or its assignees or agents, is violating or is about to violate

1253

any provision of this chapter, any rule adopted or order issued

1254

by the division, or any written agreement entered into with the

1255

division, and presents an immediate danger to the public

1256

requiring an immediate final order, it may issue an emergency

1257

cease and desist order reciting with particularity the facts

1258

underlying such findings. The emergency cease and desist order is

1259

effective for 90 days. If the division begins nonemergency cease

1260

and desist proceedings, the emergency cease and desist order

1261

remains effective until the conclusion of the proceedings under

1262

ss. 120.569 and 120.57.

1263

     3.  The division may bring an action in circuit court on

1264

behalf of a class of unit owners, lessees, or purchasers for

1265

declaratory relief, injunctive relief, or restitution.

1266

     4. The division may petition the court for the appointment

1267

of a receiver or conservator. If appointed, the receiver or

1268

conservator may take action to implement the court order to

1269

ensure the performance of the order and to remedy any breach

1270

thereof. In addition to all other means provided by law for the

1271

enforcement of an injunction or temporary restraining order, the

1272

circuit court may impound or sequester the property of a party

1273

defendant, including books, papers, documents, and related

1274

records, and allow the examination and use of the property by the

1275

division and a court-appointed receiver or conservator.

1276

     5. The division may apply to the circuit court for an order

1277

of restitution whereby the defendant in an action brought

1278

pursuant to subparagraph 4. shall be ordered to make restitution

1279

of those sums shown by the division to have been obtained by the

1280

defendant in violation of this chapter. Such restitution shall,

1281

at the option of the court, be payable to the conservator or

1282

receiver appointed pursuant to subparagraph 4. or directly to the

1283

persons whose funds or assets were obtained in violation of this

1284

chapter.

1285

     6.4. The division may impose a civil penalty against a

1286

developer or association, or its assignee or agent, for any

1287

violation of this chapter or a rule adopted under this chapter

1288

promulgated pursuant hereto. The division may impose a civil

1289

penalty individually against any officer or board member who

1290

willfully and knowingly violates a provision of this chapter,

1291

adopted a rule adopted pursuant hereto, or a final order of the

1292

division. The term "willfully and knowingly" means that the

1293

division informed the officer or board member that his or her

1294

action or intended action violates this chapter, a rule adopted

1295

under this chapter, or a final order of the division and that the

1296

officer or board member refused to comply with the requirements

1297

of this chapter, a rule adopted under this chapter, or a final

1298

order of the division. The division, prior to initiating formal

1299

agency action under chapter 120, shall afford the officer or

1300

board member an opportunity to voluntarily comply with this

1301

chapter, a rule adopted under this chapter, or a final order of

1302

the division. An officer or board member who complies within 10

1303

days is not subject to a civil penalty. A penalty may be imposed

1304

on the basis of each day of continuing violation, but in no event

1305

shall the penalty for any offense exceed $5,000. By January 1,

1306

1998, the division shall adopt, by rule, penalty guidelines

1307

applicable to possible violations or to categories of violations

1308

of this chapter or rules adopted by the division. The guidelines

1309

must specify a meaningful range of civil penalties for each such

1310

violation of the statute and rules and must be based upon the

1311

harm caused by the violation, the repetition of the violation,

1312

and upon such other factors deemed relevant by the division. For

1313

example, the division may consider whether the violations were

1314

committed by a developer or owner-controlled association, the

1315

size of the association, and other factors. The guidelines must

1316

designate the possible mitigating or aggravating circumstances

1317

that justify a departure from the range of penalties provided by

1318

the rules. It is the legislative intent that minor violations be

1319

distinguished from those which endanger the health, safety, or

1320

welfare of the condominium residents or other persons and that

1321

such guidelines provide reasonable and meaningful notice to the

1322

public of likely penalties that may be imposed for proscribed

1323

conduct. This subsection does not limit the ability of the

1324

division to informally dispose of administrative actions or

1325

complaints by stipulation, agreed settlement, or consent order.

1326

All amounts collected shall be deposited with the Chief Financial

1327

Officer to the credit of the Division of Florida Land Sales,

1328

Condominiums, Timeshares, and Mobile Homes Trust Fund. If a

1329

developer fails to pay the civil penalty, the division shall

1330

thereupon issue an order directing that such developer cease and

1331

desist from further operation until such time as the civil

1332

penalty is paid or may pursue enforcement of the penalty in a

1333

court of competent jurisdiction. If an association fails to pay

1334

the civil penalty, the division shall thereupon pursue

1335

enforcement in a court of competent jurisdiction, and the order

1336

imposing the civil penalty or the cease and desist order will not

1337

become effective until 20 days after the date of such order. Any

1338

action commenced by the division shall be brought in the county

1339

in which the division has its executive offices or in the county

1340

where the violation occurred.

1341

     7. In addition to subparagraph 6., the division may seek

1342

the imposition of a civil penalty through the circuit court for

1343

any violation for which the division may issue a notice to show

1344

cause under paragraph (q). The civil penalty shall be at least

1345

$500 but no more than $5,000 for each violation. The court may

1346

also award to the prevailing party court costs and reasonable

1347

attorney's fees and, if the division prevails, may also award

1348

reasonable costs of investigation.

1349

     (e) The division may is authorized to prepare and

1350

disseminate a prospectus and other information to assist

1351

prospective owners, purchasers, lessees, and developers of

1352

residential condominiums in assessing the rights, privileges, and

1353

duties pertaining thereto.

1354

     (f)  The division has authority to adopt rules pursuant to

1355

ss. 120.536(1) and 120.54 to implement and enforce the provisions

1356

of this chapter.

1357

     (g)  The division shall establish procedures for providing

1358

notice to an association when the division is considering the

1359

issuance of a declaratory statement with respect to the

1360

declaration of condominium or any related document governing in

1361

such condominium community.

1362

     (h)  The division shall furnish each association which pays

1363

the fees required by paragraph (2)(a) a copy of this act,

1364

subsequent changes to this act on an annual basis, an amended

1365

version of this act as it becomes available from the Secretary of

1366

State's office on a biennial basis, and the rules adopted

1367

promulgated pursuant thereto on an annual basis.

1368

     (i)  The division shall annually provide each association

1369

with a summary of declaratory statements and formal legal

1370

opinions relating to the operations of condominiums which were

1371

rendered by the division during the previous year.

1372

     (j)  The division shall provide training programs for

1373

condominium association board members and unit owners.

1374

     (k)  The division shall maintain a toll-free telephone

1375

number accessible to condominium unit owners.

1376

     (l)  The division shall develop a program to certify both

1377

volunteer and paid mediators to provide mediation of condominium

1378

disputes. The division shall provide, upon request, a list of

1379

such mediators to any association, unit owner, or other

1380

participant in arbitration proceedings under s. 718.1255

1381

requesting a copy of the list. The division shall include on the

1382

list of volunteer mediators only the names of persons who have

1383

received at least 20 hours of training in mediation techniques or

1384

who have mediated at least 20 disputes. In order to become

1385

initially certified by the division, paid mediators must be

1386

certified by the Supreme Court to mediate court cases in either

1387

county or circuit courts. However, the division may adopt, by

1388

rule, additional factors for the certification of paid mediators,

1389

which factors must be related to experience, education, or

1390

background. Any person initially certified as a paid mediator by

1391

the division must, in order to continue to be certified, comply

1392

with the factors or requirements imposed by rules adopted by the

1393

division.

1394

     (m)  When a complaint is made, the division shall conduct

1395

its inquiry with due regard to the interests of the affected

1396

parties. Within 30 days after receipt of a complaint, the

1397

division shall acknowledge the complaint in writing and notify

1398

the complainant whether the complaint is within the jurisdiction

1399

of the division and whether additional information is needed by

1400

the division from the complainant. The division shall conduct its

1401

investigation and shall, within 90 days after receipt of the

1402

original complaint or of timely requested additional information,

1403

take action upon the complaint. However, the failure to complete

1404

the investigation within 90 days does not prevent the division

1405

from continuing the investigation, accepting or considering

1406

evidence obtained or received after 90 days, or taking

1407

administrative action if reasonable cause exists to believe that

1408

a violation of this chapter or a rule of the division has

1409

occurred. If an investigation is not completed within the time

1410

limits established in this paragraph, the division shall, on a

1411

monthly basis, notify the complainant in writing of the status of

1412

the investigation. When reporting its action to the complainant,

1413

the division shall inform the complainant of any right to a

1414

hearing pursuant to ss. 120.569 and 120.57.

1415

     (n) The division may:

1416

     1. Contract with agencies in this state or other

1417

jurisdictions to perform investigative functions; or

1418

     2. Accept grants-in-aid from any source.

1419

     (o) The division shall cooperate with similar agencies in

1420

other jurisdictions to establish uniform filing procedures and

1421

forms, public offering statements, advertising standards, and

1422

rules and common administrative practices.

1423

     (p) The division shall consider notice to a developer to be

1424

complete when it is delivered to the developer's address

1425

currently on file with the division.

1426

     (q) In addition to its enforcement authority, the division

1427

may issue a notice to show cause, which shall provide for a

1428

hearing, upon written request, in accordance with chapter 120.

1429

     (2)(a)  Effective January 1, 1992, Each condominium

1430

association which operates more than two units shall pay to the

1431

division an annual fee in the amount of $4 for each residential

1432

unit in condominiums operated by the association. If the fee is

1433

not paid by March 1, then the association shall be assessed a

1434

penalty of 10 percent of the amount due, and the association will

1435

not have standing to maintain or defend any action in the courts

1436

of this state until the amount due, plus any penalty, is paid.

1437

     (b)  All fees shall be deposited in the Division of Florida

1438

Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund

1439

as provided by law.

1440

     Section 41.  Subsection (1) of section 718.5011, Florida

1441

Statutes, is amended to read:

1442

     718.5011  Ombudsman; appointment; administration.--

1443

     (1)  There is created an Office of the Condominium

1444

Ombudsman, to be located for administrative purposes within the

1445

Division of Florida Land Sales, Condominiums, Timeshares, and

1446

Mobile Homes. The functions of the office shall be funded by the

1447

Division of Florida Land Sales, Condominiums, Timeshares, and

1448

Mobile Homes Trust Fund. The ombudsman shall be a bureau chief of

1449

the division, and the office shall be set within the division in

1450

the same manner as any other bureau is staffed and funded.

1451

     Section 42.  Paragraph (a) of subsection (2) of section

1452

718.502, Florida Statutes, is amended to read:

1453

     718.502  Filing prior to sale or lease.--

1454

     (2)(a)  Prior to filing as required by subsection (1), and

1455

prior to acquiring an ownership, leasehold, or contractual

1456

interest in the land upon which the condominium is to be

1457

developed, a developer shall not offer a contract for purchase of

1458

a unit or lease of a unit for more than 5 years. However, the

1459

developer may accept deposits for reservations upon the approval

1460

of a fully executed escrow agreement and reservation agreement

1461

form properly filed with the Division of Florida Land Sales,

1462

Condominiums, Timeshares, and Mobile Homes. Each filing of a

1463

proposed reservation program shall be accompanied by a filing fee

1464

of $250. Reservations shall not be taken on a proposed

1465

condominium unless the developer has an ownership, leasehold, or

1466

contractual interest in the land upon which the condominium is to

1467

be developed. The division shall notify the developer within 20

1468

days of receipt of the reservation filing of any deficiencies

1469

contained therein. Such notification shall not preclude the

1470

determination of reservation filing deficiencies at a later date,

1471

nor shall it relieve the developer of any responsibility under

1472

the law. The escrow agreement and the reservation agreement form

1473

shall include a statement of the right of the prospective

1474

purchaser to an immediate unqualified refund of the reservation

1475

deposit moneys upon written request to the escrow agent by the

1476

prospective purchaser or the developer.

1477

     Section 43.  Section 718.504, Florida Statutes, is amended

1478

to read:

1479

     718.504  Prospectus or offering circular.--Every developer

1480

of a residential condominium which contains more than 20

1481

residential units, or which is part of a group of residential

1482

condominiums which will be served by property to be used in

1483

common by unit owners of more than 20 residential units, shall

1484

prepare a prospectus or offering circular and file it with the

1485

Division of Florida Land Sales, Condominiums, Timeshares, and

1486

Mobile Homes prior to entering into an enforceable contract of

1487

purchase and sale of any unit or lease of a unit for more than 5

1488

years and shall furnish a copy of the prospectus or offering

1489

circular to each buyer. In addition to the prospectus or offering

1490

circular, each buyer shall be furnished a separate page entitled

1491

"Frequently Asked Questions and Answers," which shall be in

1492

accordance with a format approved by the division and a copy of

1493

the financial information required by s. 718.111. This page

1494

shall, in readable language, inform prospective purchasers

1495

regarding their voting rights and unit use restrictions,

1496

including restrictions on the leasing of a unit; shall indicate

1497

whether and in what amount the unit owners or the association is

1498

obligated to pay rent or land use fees for recreational or other

1499

commonly used facilities; shall contain a statement identifying

1500

that amount of assessment which, pursuant to the budget, would be

1501

levied upon each unit type, exclusive of any special assessments,

1502

and which shall further identify the basis upon which assessments

1503

are levied, whether monthly, quarterly, or otherwise; shall state

1504

and identify any court cases in which the association is

1505

currently a party of record in which the association may face

1506

liability in excess of $100,000; and which shall further state

1507

whether membership in a recreational facilities association is

1508

mandatory, and if so, shall identify the fees currently charged

1509

per unit type. The division shall by rule require such other

1510

disclosure as in its judgment will assist prospective purchasers.

1511

The prospectus or offering circular may include more than one

1512

condominium, although not all such units are being offered for

1513

sale as of the date of the prospectus or offering circular. The

1514

prospectus or offering circular must contain the following

1515

information:

1516

     (1)  The front cover or the first page must contain only:

1517

     (a)  The name of the condominium.

1518

     (b)  The following statements in conspicuous type:

1519

     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT

1520

MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.

1521

     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

1522

NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,

1523

ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.

1524

     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY

1525

STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS

1526

PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT

1527

REPRESENTATIONS.

1528

     (2)  Summary: The next page must contain all statements

1529

required to be in conspicuous type in the prospectus or offering

1530

circular.

1531

     (3)  A separate index of the contents and exhibits of the

1532

prospectus.

1533

     (4)  Beginning on the first page of the text (not including

1534

the summary and index), a description of the condominium,

1535

including, but not limited to, the following information:

1536

     (a)  Its name and location.

1537

     (b)  A description of the condominium property, including,

1538

without limitation:

1539

     1.  The number of buildings, the number of units in each

1540

building, the number of bathrooms and bedrooms in each unit, and

1541

the total number of units, if the condominium is not a phase

1542

condominium, or the maximum number of buildings that may be

1543

contained within the condominium, the minimum and maximum numbers

1544

of units in each building, the minimum and maximum numbers of

1545

bathrooms and bedrooms that may be contained in each unit, and

1546

the maximum number of units that may be contained within the

1547

condominium, if the condominium is a phase condominium.

1548

     2.  The page in the condominium documents where a copy of

1549

the plot plan and survey of the condominium is located.

1550

     3.  The estimated latest date of completion of constructing,

1551

finishing, and equipping. In lieu of a date, the description

1552

shall include a statement that the estimated date of completion

1553

of the condominium is in the purchase agreement and a reference

1554

to the article or paragraph containing that information.

1555

     (c)  The maximum number of units that will use facilities in

1556

common with the condominium. If the maximum number of units will

1557

vary, a description of the basis for variation and the minimum

1558

amount of dollars per unit to be spent for additional

1559

recreational facilities or enlargement of such facilities. If the

1560

addition or enlargement of facilities will result in a material

1561

increase of a unit owner's maintenance expense or rental expense,

1562

if any, the maximum increase and limitations thereon shall be

1563

stated.

1564

     (5)(a)  A statement in conspicuous type describing whether

1565

the condominium is created and being sold as fee simple interests

1566

or as leasehold interests. If the condominium is created or being

1567

sold on a leasehold, the location of the lease in the disclosure

1568

materials shall be stated.

1569

     (b)  If timeshare estates are or may be created with respect

1570

to any unit in the condominium, a statement in conspicuous type

1571

stating that timeshare estates are created and being sold in

1572

units in the condominium.

1573

     (6)  A description of the recreational and other commonly

1574

used facilities that will be used only by unit owners of the

1575

condominium, including, but not limited to, the following:

1576

     (a)  Each room and its intended purposes, location,

1577

approximate floor area, and capacity in numbers of people.

1578

     (b)  Each swimming pool, as to its general location,

1579

approximate size and depths, approximate deck size and capacity,

1580

and whether heated.

1581

     (c)  Additional facilities, as to the number of each

1582

facility, its approximate location, approximate size, and

1583

approximate capacity.

1584

     (d)  A general description of the items of personal property

1585

and the approximate number of each item of personal property that

1586

the developer is committing to furnish for each room or other

1587

facility or, in the alternative, a representation as to the

1588

minimum amount of expenditure that will be made to purchase the

1589

personal property for the facility.

1590

     (e)  The estimated date when each room or other facility

1591

will be available for use by the unit owners.

1592

     (f)1.  An identification of each room or other facility to

1593

be used by unit owners that will not be owned by the unit owners

1594

or the association;

1595

     2.  A reference to the location in the disclosure materials

1596

of the lease or other agreements providing for the use of those

1597

facilities; and

1598

     3.  A description of the terms of the lease or other

1599

agreements, including the length of the term; the rent payable,

1600

directly or indirectly, by each unit owner, and the total rent

1601

payable to the lessor, stated in monthly and annual amounts for

1602

the entire term of the lease; and a description of any option to

1603

purchase the property leased under any such lease, including the

1604

time the option may be exercised, the purchase price or how it is

1605

to be determined, the manner of payment, and whether the option

1606

may be exercised for a unit owner's share or only as to the

1607

entire leased property.

1608

     (g)  A statement as to whether the developer may provide

1609

additional facilities not described above; their general

1610

locations and types; improvements or changes that may be made;

1611

the approximate dollar amount to be expended; and the maximum

1612

additional common expense or cost to the individual unit owners

1613

that may be charged during the first annual period of operation

1614

of the modified or added facilities.

1615

1616

Descriptions as to locations, areas, capacities, numbers,

1617

volumes, or sizes may be stated as approximations or minimums.

1618

     (7)  A description of the recreational and other facilities

1619

that will be used in common with other condominiums, community

1620

associations, or planned developments which require the payment

1621

of the maintenance and expenses of such facilities, either

1622

directly or indirectly, by the unit owners. The description shall

1623

include, but not be limited to, the following:

1624

     (a)  Each building and facility committed to be built.

1625

     (b)  Facilities not committed to be built except under

1626

certain conditions, and a statement of those conditions or

1627

contingencies.

1628

     (c)  As to each facility committed to be built, or which

1629

will be committed to be built upon the happening of one of the

1630

conditions in paragraph (b), a statement of whether it will be

1631

owned by the unit owners having the use thereof or by an

1632

association or other entity which will be controlled by them, or

1633

others, and the location in the exhibits of the lease or other

1634

document providing for use of those facilities.

1635

     (d)  The year in which each facility will be available for

1636

use by the unit owners or, in the alternative, the maximum number

1637

of unit owners in the project at the time each of all of the

1638

facilities is committed to be completed.

1639

     (e)  A general description of the items of personal

1640

property, and the approximate number of each item of personal

1641

property, that the developer is committing to furnish for each

1642

room or other facility or, in the alternative, a representation

1643

as to the minimum amount of expenditure that will be made to

1644

purchase the personal property for the facility.

1645

     (f)  If there are leases, a description thereof, including

1646

the length of the term, the rent payable, and a description of

1647

any option to purchase.

1648

1649

Descriptions shall include location, areas, capacities, numbers,

1650

volumes, or sizes and may be stated as approximations or

1651

minimums.

1652

     (8)  Recreation lease or associated club membership:

1653

     (a)  If any recreational facilities or other facilities

1654

offered by the developer and available to, or to be used by, unit

1655

owners are to be leased or have club membership associated, the

1656

following statement in conspicuous type shall be included: THERE

1657

IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS

1658

CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS

1659

CONDOMINIUM. There shall be a reference to the location in the

1660

disclosure materials where the recreation lease or club

1661

membership is described in detail.

1662

     (b)  If it is mandatory that unit owners pay a fee, rent,

1663

dues, or other charges under a recreational facilities lease or

1664

club membership for the use of facilities, there shall be in

1665

conspicuous type the applicable statement:

1666

     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

1667

MANDATORY FOR UNIT OWNERS; or

1668

     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,

1669

TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or

1670

     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS

1671

AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,

1672

RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE

1673

OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

1674

     4.  A similar statement of the nature of the organization or

1675

the manner in which the use rights are created, and that unit

1676

owners are required to pay.

1677

1678

Immediately following the applicable statement, the location in

1679

the disclosure materials where the development is described in

1680

detail shall be stated.

1681

     (c)  If the developer, or any other person other than the

1682

unit owners and other persons having use rights in the

1683

facilities, reserves, or is entitled to receive, any rent, fee,

1684

or other payment for the use of the facilities, then there shall

1685

be the following statement in conspicuous type: THE UNIT OWNERS

1686

OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR

1687

RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately

1688

following this statement, the location in the disclosure

1689

materials where the rent or land use fees are described in detail

1690

shall be stated.

1691

     (d)  If, in any recreation format, whether leasehold, club,

1692

or other, any person other than the association has the right to

1693

a lien on the units to secure the payment of assessments, rent,

1694

or other exactions, there shall appear a statement in conspicuous

1695

type in substantially the following form:

1696

     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

1697

SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

1698

RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS

1699

MAY RESULT IN FORECLOSURE OF THE LIEN; or

1700

     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

1701

SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE

1702

FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL

1703

OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE

1704

THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.

1705

1706

Immediately following the applicable statement, the location in

1707

the disclosure materials where the lien or lien right is

1708

described in detail shall be stated.

1709

     (9)  If the developer or any other person has the right to

1710

increase or add to the recreational facilities at any time after

1711

the establishment of the condominium whose unit owners have use

1712

rights therein, without the consent of the unit owners or

1713

associations being required, there shall appear a statement in

1714

conspicuous type in substantially the following form:

1715

RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT

1716

OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this

1717

statement, the location in the disclosure materials where such

1718

reserved rights are described shall be stated.

1719

     (10)  A statement of whether the developer's plan includes a

1720

program of leasing units rather than selling them, or leasing

1721

units and selling them subject to such leases. If so, there shall

1722

be a description of the plan, including the number and

1723

identification of the units and the provisions and term of the

1724

proposed leases, and a statement in boldfaced type that: THE

1725

UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

1726

     (11)  The arrangements for management of the association and

1727

maintenance and operation of the condominium property and of

1728

other property that will serve the unit owners of the condominium

1729

property, and a description of the management contract and all

1730

other contracts for these purposes having a term in excess of 1

1731

year, including the following:

1732

     (a)  The names of contracting parties.

1733

     (b)  The term of the contract.

1734

     (c)  The nature of the services included.

1735

     (d)  The compensation, stated on a monthly and annual basis,

1736

and provisions for increases in the compensation.

1737

     (e)  A reference to the volumes and pages of the condominium

1738

documents and of the exhibits containing copies of such

1739

contracts.

1740

1741

Copies of all described contracts shall be attached as exhibits.

1742

If there is a contract for the management of the condominium

1743

property, then a statement in conspicuous type in substantially

1744

the following form shall appear, identifying the proposed or

1745

existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE

1746

MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE CONTRACT

1747

MANAGER). Immediately following this statement, the location in

1748

the disclosure materials of the contract for management of the

1749

condominium property shall be stated.

1750

     (12)  If the developer or any other person or persons other

1751

than the unit owners has the right to retain control of the board

1752

of administration of the association for a period of time which

1753

can exceed 1 year after the closing of the sale of a majority of

1754

the units in that condominium to persons other than successors or

1755

alternate developers, then a statement in conspicuous type in

1756

substantially the following form shall be included: THE DEVELOPER

1757

(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE

1758

ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.

1759

Immediately following this statement, the location in the

1760

disclosure materials where this right to control is described in

1761

detail shall be stated.

1762

     (13)  If there are any restrictions upon the sale, transfer,

1763

conveyance, or leasing of a unit, then a statement in conspicuous

1764

type in substantially the following form shall be included: THE

1765

SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.

1766

Immediately following this statement, the location in the

1767

disclosure materials where the restriction, limitation, or

1768

control on the sale, lease, or transfer of units is described in

1769

detail shall be stated.

1770

     (14)  If the condominium is part of a phase project, the

1771

following information shall be stated:

1772

     (a)  A statement in conspicuous type in substantially the

1773

following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND

1774

UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following

1775

this statement, the location in the disclosure materials where

1776

the phasing is described shall be stated.

1777

     (b)  A summary of the provisions of the declaration which

1778

provide for the phasing.

1779

     (c)  A statement as to whether or not residential buildings

1780

and units which are added to the condominium may be substantially

1781

different from the residential buildings and units originally in

1782

the condominium. If the added residential buildings and units may

1783

be substantially different, there shall be a general description

1784

of the extent to which such added residential buildings and units

1785

may differ, and a statement in conspicuous type in substantially

1786

the following form shall be included: BUILDINGS AND UNITS WHICH

1787

ARE ADDED TO THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM

1788

THE OTHER BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately

1789

following this statement, the location in the disclosure

1790

materials where the extent to which added residential buildings

1791

and units may substantially differ is described shall be stated.

1792

     (d)  A statement of the maximum number of buildings

1793

containing units, the maximum and minimum numbers of units in

1794

each building, the maximum number of units, and the minimum and

1795

maximum square footage of the units that may be contained within

1796

each parcel of land which may be added to the condominium.

1797

     (15)  If a condominium created on or after July 1, 2000, is

1798

or may become part of a multicondominium, the following

1799

information must be provided:

1800

     (a)  A statement in conspicuous type in substantially the

1801

following form: THIS CONDOMINIUM IS (MAY BE) PART OF A

1802

MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

1803

(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following

1804

this statement, the location in the prospectus or offering

1805

circular and its exhibits where the multicondominium aspects of

1806

the offering are described must be stated.

1807

     (b)  A summary of the provisions in the declaration,

1808

articles of incorporation, and bylaws which establish and provide

1809

for the operation of the multicondominium, including a statement

1810

as to whether unit owners in the condominium will have the right

1811

to use recreational or other facilities located or planned to be

1812

located in other condominiums operated by the same association,

1813

and the manner of sharing the common expenses related to such

1814

facilities.

1815

     (c)  A statement of the minimum and maximum number of

1816

condominiums, and the minimum and maximum number of units in each

1817

of those condominiums, which will or may be operated by the

1818

association, and the latest date by which the exact number will

1819

be finally determined.

1820

     (d)  A statement as to whether any of the condominiums in

1821

the multicondominium may include units intended to be used for

1822

nonresidential purposes and the purpose or purposes permitted for

1823

such use.

1824

     (e)  A general description of the location and approximate

1825

acreage of any land on which any additional condominiums to be

1826

operated by the association may be located.

1827

     (16)  If the condominium is created by conversion of

1828

existing improvements, the following information shall be stated:

1829

     (a)  The information required by s. 718.616.

1830

     (b)  A caveat that there are no express warranties unless

1831

they are stated in writing by the developer.

1832

     (17)  A summary of the restrictions, if any, to be imposed

1833

on units concerning the use of any of the condominium property,

1834

including statements as to whether there are restrictions upon

1835

children and pets, and reference to the volumes and pages of the

1836

condominium documents where such restrictions are found, or if

1837

such restrictions are contained elsewhere, then a copy of the

1838

documents containing the restrictions shall be attached as an

1839

exhibit.

1840

     (18)  If there is any land that is offered by the developer

1841

for use by the unit owners and that is neither owned by them nor

1842

leased to them, the association, or any entity controlled by unit

1843

owners and other persons having the use rights to such land, a

1844

statement shall be made as to how such land will serve the

1845

condominium. If any part of such land will serve the condominium,

1846

the statement shall describe the land and the nature and term of

1847

service, and the declaration or other instrument creating such

1848

servitude shall be included as an exhibit.

1849

     (19)  The manner in which utility and other services,

1850

including, but not limited to, sewage and waste disposal, water

1851

supply, and storm drainage, will be provided and the person or

1852

entity furnishing them.

1853

     (20)  An explanation of the manner in which the

1854

apportionment of common expenses and ownership of the common

1855

elements has been determined.

1856

     (21)  An estimated operating budget for the condominium and

1857

the association, and a schedule of the unit owner's expenses

1858

shall be attached as an exhibit and shall contain the following

1859

information:

1860

     (a)  The estimated monthly and annual expenses of the

1861

condominium and the association that are collected from unit

1862

owners by assessments.

1863

     (b)  The estimated monthly and annual expenses of each unit

1864

owner for a unit, other than common expenses paid by all unit

1865

owners, payable by the unit owner to persons or entities other

1866

than the association, as well as to the association, including

1867

fees assessed pursuant to s. 718.113(1) for maintenance of

1868

limited common elements where such costs are shared only by those

1869

entitled to use the limited common element, and the total

1870

estimated monthly and annual expense. There may be excluded from

1871

this estimate expenses which are not provided for or contemplated

1872

by the condominium documents, including, but not limited to, the

1873

costs of private telephone; maintenance of the interior of

1874

condominium units, which is not the obligation of the

1875

association; maid or janitorial services privately contracted for

1876

by the unit owners; utility bills billed directly to each unit

1877

owner for utility services to his or her unit; insurance premiums

1878

other than those incurred for policies obtained by the

1879

condominium; and similar personal expenses of the unit owner. A

1880

unit owner's estimated payments for assessments shall also be

1881

stated in the estimated amounts for the times when they will be

1882

due.

1883

     (c)  The estimated items of expenses of the condominium and

1884

the association, except as excluded under paragraph (b),

1885

including, but not limited to, the following items, which shall

1886

be stated either as an association expense collectible by

1887

assessments or as unit owners' expenses payable to persons other

1888

than the association:

1889

     1.  Expenses for the association and condominium:

1890

     a.  Administration of the association.

1891

     b.  Management fees.

1892

     c.  Maintenance.

1893

     d.  Rent for recreational and other commonly used

1894

facilities.

1895

     e.  Taxes upon association property.

1896

     f.  Taxes upon leased areas.

1897

     g.  Insurance.

1898

     h.  Security provisions.

1899

     i.  Other expenses.

1900

     j.  Operating capital.

1901

     k.  Reserves.

1902

     l.  Fees payable to the division.

1903

     2.  Expenses for a unit owner:

1904

     a.  Rent for the unit, if subject to a lease.

1905

     b.  Rent payable by the unit owner directly to the lessor or

1906

agent under any recreational lease or lease for the use of

1907

commonly used facilities, which use and payment is a mandatory

1908

condition of ownership and is not included in the common expense

1909

or assessments for common maintenance paid by the unit owners to

1910

the association.

1911

     (d)  The following statement in conspicuous type: THE BUDGET

1912

CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN

1913

ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE

1914

ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON

1915

FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.

1916

ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH

1917

CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE

1918

OFFERING.

1919

     (e)  Each budget for an association prepared by a developer

1920

consistent with this subsection shall be prepared in good faith

1921

and shall reflect accurate estimated amounts for the required

1922

items in paragraph (c) at the time of the filing of the offering

1923

circular with the division, and subsequent increased amounts of

1924

any item included in the association's estimated budget that are

1925

beyond the control of the developer shall not be considered an

1926

amendment that would give rise to rescission rights set forth in

1927

s. 718.503(1)(a) or (b), nor shall such increases modify, void,

1928

or otherwise affect any guarantee of the developer contained in

1929

the offering circular or any purchase contract. It is the intent

1930

of this paragraph to clarify existing law.

1931

     (f)  The estimated amounts shall be stated for a period of

1932

at least 12 months and may distinguish between the period prior

1933

to the time unit owners other than the developer elect a majority

1934

of the board of administration and the period after that date.

1935

     (22)  A schedule of estimated closing expenses to be paid by

1936

a buyer or lessee of a unit and a statement of whether title

1937

opinion or title insurance policy is available to the buyer and,

1938

if so, at whose expense.

1939

     (23)  The identity of the developer and the chief operating

1940

officer or principal directing the creation and sale of the

1941

condominium and a statement of its and his or her experience in

1942

this field.

1943

     (24)  Copies of the following, to the extent they are

1944

applicable, shall be included as exhibits:

1945

     (a)  The declaration of condominium, or the proposed

1946

declaration if the declaration has not been recorded.

1947

     (b)  The articles of incorporation creating the association.

1948

     (c)  The bylaws of the association.

1949

     (d)  The ground lease or other underlying lease of the

1950

condominium.

1951

     (e)  The management agreement and all maintenance and other

1952

contracts for management of the association and operation of the

1953

condominium and facilities used by the unit owners having a

1954

service term in excess of 1 year.

1955

     (f)  The estimated operating budget for the condominium and

1956

the required schedule of unit owners' expenses.

1957

     (g)  A copy of the floor plan of the unit and the plot plan

1958

showing the location of the residential buildings and the

1959

recreation and other common areas.

1960

     (h)  The lease of recreational and other facilities that

1961

will be used only by unit owners of the subject condominium.

1962

     (i)  The lease of facilities used by owners and others.

1963

     (j)  The form of unit lease, if the offer is of a leasehold.

1964

     (k)  A declaration of servitude of properties serving the

1965

condominium but not owned by unit owners or leased to them or the

1966

association.

1967

     (l)  The statement of condition of the existing building or

1968

buildings, if the offering is of units in an operation being

1969

converted to condominium ownership.

1970

     (m)  The statement of inspection for termite damage and

1971

treatment of the existing improvements, if the condominium is a

1972

conversion.

1973

     (n)  The form of agreement for sale or lease of units.

1974

     (o)  A copy of the agreement for escrow of payments made to

1975

the developer prior to closing.

1976

     (p)  A copy of the documents containing any restrictions on

1977

use of the property required by subsection (17).

1978

     (25)  Any prospectus or offering circular complying, prior

1979

to the effective date of this act, with the provisions of former

1980

ss. 711.69 and 711.802 may continue to be used without amendment

1981

or may be amended to comply with the provisions of this chapter.

1982

     (26)  A brief narrative description of the location and

1983

effect of all existing and intended easements located or to be

1984

located on the condominium property other than those described in

1985

the declaration.

1986

     (27)  If the developer is required by state or local

1987

authorities to obtain acceptance or approval of any dock or

1988

marina facilities intended to serve the condominium, a copy of

1989

any such acceptance or approval acquired by the time of filing

1990

with the division under s. 718.502(1) or a statement that such

1991

acceptance or approval has not been acquired or received.

1992

     (28)  Evidence demonstrating that the developer has an

1993

ownership, leasehold, or contractual interest in the land upon

1994

which the condominium is to be developed.

1995

     Section 44.  Section 718.508, Florida Statutes, is amended

1996

to read:

1997

     718.508  Regulation by Division of Hotels and

1998

Restaurants.--In addition to the authority, regulation, or

1999

control exercised by the Division of Florida Land Sales,

2000

Condominiums, Timeshares, and Mobile Homes pursuant to this act

2001

with respect to condominiums, buildings included in a condominium

2002

property are shall be subject to the authority, regulation, or

2003

control of the Division of Hotels and Restaurants of the

2004

Department of Business and Professional Regulation, to the extent

2005

provided for in chapter 399.

2006

     Section 45.  Section 718.509, Florida Statutes, is amended,

2007

to read:

2008

     718.509 Division of Florida Land Sales, Condominiums,

2009

Timeshares, and Mobile Homes Trust Fund.--

2010

     (1) There is created within the State Treasury the Division

2011

of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund

2012

to be used for the administration and operation of this chapter

2013

and chapters 718, 719, 721, and 723 by the division.

2014

     (2) All moneys collected by the division from fees, fines,

2015

or penalties or from costs awarded to the division by a court or

2016

administrative final order shall be paid into the Division of

2017

Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

2018

The Legislature shall appropriate funds from the trust fund

2019

sufficient to carry out the provisions of this chapter and the

2020

provisions of law with respect to each category of business

2021

covered by the trust fund. The division shall maintain separate

2022

revenue accounts in the trust fund for each business regulated by

2023

the division. The division shall provide for the proportionate

2024

allocation among the accounts of expenses incurred by the

2025

division in the performance of its duties with respect to each

2026

business. As part of its normal budgetary process, the division

2027

shall prepare an annual report of revenues and allocated expenses

2028

related to the operation of each business which may be used to

2029

determine fees charged by the division. This subsection shall

2030

operate pursuant to s. 215.20. All funds collected by the

2031

division and any amount paid for a fee or penalty under this

2032

chapter shall be deposited in the State Treasury to the credit of

2033

the Division of Florida Land Sales, Condominiums, and Mobile

2034

Homes Trust Fund created by s. 498.019.

2035

     Section 46.  Paragraph (a) of subsection (2) of section

2036

718.608, Florida Statutes, is amended to read:

2037

     718.608  Notice of intended conversion; time of delivery;

2038

content.--

2039

     (2)(a)  Each notice of intended conversion shall be dated

2040

and in writing. The notice shall contain the following statement,

2041

with the phrases of the following statement which appear in upper

2042

case printed in conspicuous type:

2043

2044

     These apartments are being converted to condominium by  

2045

(name of developer)  , the developer.

2046

     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF

2047

YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL

2048

AGREEMENT AS FOLLOWS:

2049

     a.  If you have continuously been a resident of these

2050

apartments during the last 180 days and your rental agreement

2051

expires during the next 270 days, you may extend your rental

2052

agreement for up to 270 days after the date of this notice.

2053

     b.  If you have not been a continuous resident of these

2054

apartments for the last 180 days and your rental agreement

2055

expires during the next 180 days, you may extend your rental

2056

agreement for up to 180 days after the date of this notice.

2057

     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU

2058

MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE

2059

DATE OF THIS NOTICE.

2060

     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,

2061

you may extend your rental agreement for up to 45 days after the

2062

date of this notice while you decide whether to extend your

2063

rental agreement as explained above. To do so, you must notify

2064

the developer in writing. You will then have the full 45 days to

2065

decide whether to extend your rental agreement as explained

2066

above.

2067

     3.  During the extension of your rental agreement you will

2068

be charged the same rent that you are now paying.

2069

     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION

2070

OF THE RENTAL AGREEMENT AS FOLLOWS:

2071

     a.  If your rental agreement began or was extended or

2072

renewed after May 1, 1980, and your rental agreement, including

2073

extensions and renewals, has an unexpired term of 180 days or

2074

less, you may cancel your rental agreement upon 30 days' written

2075

notice and move. Also, upon 30 days' written notice, you may

2076

cancel any extension of the rental agreement.

2077

     b.  If your rental agreement was not begun or was not

2078

extended or renewed after May 1, 1980, you may not cancel the

2079

rental agreement without the consent of the developer. If your

2080

rental agreement, including extensions and renewals, has an

2081

unexpired term of 180 days or less, you may, however, upon 30

2082

days' written notice cancel any extension of the rental

2083

agreement.

2084

     5.  All notices must be given in writing and sent by mail,

2085

return receipt requested, or delivered in person to the developer

2086

at this address:   (name and address of developer)  .

2087

     6.  If you have continuously been a resident of these

2088

apartments during the last 180 days:

2089

     a.  You have the right to purchase your apartment and will

2090

have 45 days to decide whether to purchase. If you do not buy the

2091

unit at that price and the unit is later offered at a lower

2092

price, you will have the opportunity to buy the unit at the lower

2093

price. However, in all events your right to purchase the unit

2094

ends when the rental agreement or any extension of the rental

2095

agreement ends or when you waive this right in writing.

2096

     b.  Within 90 days you will be provided purchase information

2097

relating to your apartment, including the price of your unit and

2098

the condition of the building. If you do not receive this

2099

information within 90 days, your rental agreement and any

2100

extension will be extended 1 day for each day over 90 days until

2101

you are given the purchase information. If you do not want this

2102

rental agreement extension, you must notify the developer in

2103

writing.

2104

     7.  If you have any questions regarding this conversion or

2105

the Condominium Act, you may contact the developer or the state

2106

agency which regulates condominiums: The Division of Florida Land

2107

Sales, Condominiums, Timeshares, and Mobile Homes, (Tallahassee

2108

address and telephone number of division)  .

2109

     Section 47.  Subsection (17) of section 719.103, Florida

2110

Statutes, is amended to read:

2111

     719.103  Definitions.--As used in this chapter:

2112

     (17) "Division" means the Division of Florida Land Sales,

2113

Condominiums, Timeshares, and Mobile Homes of the Department of

2114

Business and Professional Regulation.

2115

     Section 48.  Section 719.1255, Florida Statutes, is amended

2116

to read:

2117

     719.1255  Alternative resolution of disputes.--The Division

2118

of Florida Land Sales, Condominiums, Timeshares, and Mobile Homes

2119

of the Department of Business and Professional Regulation shall

2120

provide for alternative dispute resolution in accordance with s.

2121

718.1255.

2122

     Section 49.  Section 719.501, Florida Statutes, is amended

2123

to read:

2124

     719.501 Powers and duties of Division of Florida Land

2125

Sales, Condominiums, Timeshares, and Mobile Homes.--

2126

     (1) The Division of Florida Land Sales, Condominiums,

2127

Timeshares, and Mobile Homes of the Department of Business and

2128

Professional Regulation, referred to as the "division" in this

2129

part, in addition to other powers and duties prescribed by

2130

chapter 718 498, has the power to enforce and ensure compliance

2131

with the provisions of this chapter and adopted rules promulgated

2132

pursuant hereto relating to the development, construction, sale,

2133

lease, ownership, operation, and management of residential

2134

cooperative units. In performing its duties, the division shall

2135

have the following powers and duties:

2136

     (a)  The division may make necessary public or private

2137

investigations within or outside this state to determine whether

2138

any person has violated this chapter or any rule or order

2139

hereunder, to aid in the enforcement of this chapter, or to aid

2140

in the adoption of rules or forms hereunder.

2141

     (b)  The division may require or permit any person to file a

2142

statement in writing, under oath or otherwise, as the division

2143

determines, as to the facts and circumstances concerning a matter

2144

to be investigated.

2145

     (c)  For the purpose of any investigation under this

2146

chapter, the division director or any officer or employee

2147

designated by the division director may administer oaths or

2148

affirmations, subpoena witnesses and compel their attendance,

2149

take evidence, and require the production of any matter which is

2150

relevant to the investigation, including the existence,

2151

description, nature, custody, condition, and location of any

2152

books, documents, or other tangible things and the identity and

2153

location of persons having knowledge of relevant facts or any

2154

other matter reasonably calculated to lead to the discovery of

2155

material evidence. Upon failure by a person to obey a subpoena or

2156

to answer questions propounded by the investigating officer and

2157

upon reasonable notice to all persons affected thereby, the

2158

division may apply to the circuit court for an order compelling

2159

compliance.

2160

     (d)  Notwithstanding any remedies available to unit owners

2161

and associations, if the division has reasonable cause to believe

2162

that a violation of any provision of this chapter or related rule

2163

promulgated pursuant hereto has occurred, the division may

2164

institute enforcement proceedings in its own name against a

2165

developer, association, officer, or member of the board, or its

2166

assignees or agents, as follows:

2167

     1.  The division may permit a person whose conduct or

2168

actions may be under investigation to waive formal proceedings

2169

and enter into a consent proceeding whereby orders, rules, or

2170

letters of censure or warning, whether formal or informal, may be

2171

entered against the person.

2172

     2.  The division may issue an order requiring the developer,

2173

association, officer, or member of the board, or its assignees or

2174

agents, to cease and desist from the unlawful practice and take

2175

such affirmative action as in the judgment of the division will

2176

carry out the purposes of this chapter. Such affirmative action

2177

may include, but is not limited to, an order requiring a

2178

developer to pay moneys determined to be owed to a condominium

2179

association.

2180

     3.  The division may bring an action in circuit court on

2181

behalf of a class of unit owners, lessees, or purchasers for

2182

declaratory relief, injunctive relief, or restitution.

2183

     4.  The division may impose a civil penalty against a

2184

developer or association, or its assignees or agents, for any

2185

violation of this chapter or related a rule promulgated pursuant

2186

hereto. The division may impose a civil penalty individually

2187

against any officer or board member who willfully and knowingly

2188

violates a provision of this chapter, a rule adopted pursuant to

2189

this chapter, or a final order of the division. The term

2190

"willfully and knowingly" means that the division informed the

2191

officer or board member that his or her action or intended action

2192

violates this chapter, a rule adopted under this chapter, or a

2193

final order of the division, and that the officer or board member

2194

refused to comply with the requirements of this chapter, a rule

2195

adopted under this chapter, or a final order of the division. The

2196

division, prior to initiating formal agency action under chapter

2197

120, shall afford the officer or board member an opportunity to

2198

voluntarily comply with this chapter, a rule adopted under this

2199

chapter, or a final order of the division. An officer or board

2200

member who complies within 10 days is not subject to a civil

2201

penalty. A penalty may be imposed on the basis of each day of

2202

continuing violation, but in no event shall the penalty for any

2203

offense exceed $5,000. By January 1, 1998, the division shall

2204

adopt, by rule, penalty guidelines applicable to possible

2205

violations or to categories of violations of this chapter or

2206

rules adopted by the division. The guidelines must specify a

2207

meaningful range of civil penalties for each such violation of

2208

the statute and rules and must be based upon the harm caused by

2209

the violation, the repetition of the violation, and upon such

2210

other factors deemed relevant by the division. For example, the

2211

division may consider whether the violations were committed by a

2212

developer or owner-controlled association, the size of the

2213

association, and other factors. The guidelines must designate the

2214

possible mitigating or aggravating circumstances that justify a

2215

departure from the range of penalties provided by the rules. It

2216

is the legislative intent that minor violations be distinguished

2217

from those which endanger the health, safety, or welfare of the

2218

cooperative residents or other persons and that such guidelines

2219

provide reasonable and meaningful notice to the public of likely

2220

penalties that may be imposed for proscribed conduct. This

2221

subsection does not limit the ability of the division to

2222

informally dispose of administrative actions or complaints by

2223

stipulation, agreed settlement, or consent order. All amounts

2224

collected shall be deposited with the Chief Financial Officer to

2225

the credit of the Division of Florida Land Sales, Condominiums,

2226

Timeshares, and Mobile Homes Trust Fund. If a developer fails to

2227

pay the civil penalty, the division shall thereupon issue an

2228

order directing that such developer cease and desist from further

2229

operation until such time as the civil penalty is paid or may

2230

pursue enforcement of the penalty in a court of competent

2231

jurisdiction. If an association fails to pay the civil penalty,

2232

the division shall thereupon pursue enforcement in a court of

2233

competent jurisdiction, and the order imposing the civil penalty

2234

or the cease and desist order shall not become effective until 20

2235

days after the date of such order. Any action commenced by the

2236

division shall be brought in the county in which the division has

2237

its executive offices or in the county where the violation

2238

occurred.

2239

     (e) The division may is authorized to prepare and

2240

disseminate a prospectus and other information to assist

2241

prospective owners, purchasers, lessees, and developers of

2242

residential cooperatives in assessing the rights, privileges, and

2243

duties pertaining thereto.

2244

     (f)  The division has authority to adopt rules pursuant to

2245

ss. 120.536(1) and 120.54 to implement and enforce the provisions

2246

of this chapter.

2247

     (g)  The division shall establish procedures for providing

2248

notice to an association when the division is considering the

2249

issuance of a declaratory statement with respect to the

2250

cooperative documents governing such cooperative community.

2251

     (h)  The division shall furnish each association which pays

2252

the fees required by paragraph (2)(a) a copy of this act,

2253

subsequent changes to this act on an annual basis, an amended

2254

version of this act as it becomes available from the Secretary of

2255

State's office on a biennial basis, and the rules adopted

2256

promulgated pursuant thereto on an annual basis.

2257

     (i)  The division shall annually provide each association

2258

with a summary of declaratory statements and formal legal

2259

opinions relating to the operations of cooperatives which were

2260

rendered by the division during the previous year.

2261

     (j)  The division shall adopt uniform accounting principles,

2262

policies, and standards to be used by all associations in the

2263

preparation and presentation of all financial statements required

2264

by this chapter. The principles, policies, and standards shall

2265

take into consideration the size of the association and the total

2266

revenue collected by the association.

2267

     (k)  The division shall provide training programs for

2268

cooperative association board members and unit owners.

2269

     (l)  The division shall maintain a toll-free telephone

2270

number accessible to cooperative unit owners.

2271

     (m)  When a complaint is made to the division, the division

2272

shall conduct its inquiry with reasonable dispatch and with due

2273

regard to the interests of the affected parties. Within 30 days

2274

after receipt of a complaint, the division shall acknowledge the

2275

complaint in writing and notify the complainant whether the

2276

complaint is within the jurisdiction of the division and whether

2277

additional information is needed by the division from the

2278

complainant. The division shall conduct its investigation and

2279

shall, within 90 days after receipt of the original complaint or

2280

timely requested additional information, take action upon the

2281

complaint. However, the failure to complete the investigation

2282

within 90 days does not prevent the division from continuing the

2283

investigation, accepting or considering evidence obtained or

2284

received after 90 days, or taking administrative action if

2285

reasonable cause exists to believe that a violation of this

2286

chapter or a rule of the division has occurred. If an

2287

investigation is not completed within the time limits established

2288

in this paragraph, the division shall, on a monthly basis, notify

2289

the complainant in writing of the status of the investigation.

2290

When reporting its action to the complainant, the division shall

2291

inform the complainant of any right to a hearing pursuant to ss.

2292

120.569 and 120.57.

2293

     (n)  The division shall develop a program to certify both

2294

volunteer and paid mediators to provide mediation of cooperative

2295

disputes. The division shall provide, upon request, a list of

2296

such mediators to any association, unit owner, or other

2297

participant in arbitration proceedings under s. 718.1255

2298

requesting a copy of the list. The division shall include on the

2299

list of voluntary mediators only persons who have received at

2300

least 20 hours of training in mediation techniques or have

2301

mediated at least 20 disputes. In order to become initially

2302

certified by the division, paid mediators must be certified by

2303

the Supreme Court to mediate court cases in either county or

2304

circuit courts. However, the division may adopt, by rule,

2305

additional factors for the certification of paid mediators, which

2306

factors must be related to experience, education, or background.

2307

Any person initially certified as a paid mediator by the division

2308

must, in order to continue to be certified, comply with the

2309

factors or requirements imposed by rules adopted by the division.

2310

     (2)(a)  Each cooperative association shall pay to the

2311

division, on or before January 1 of each year, an annual fee in

2312

the amount of $4 for each residential unit in cooperatives

2313

operated by the association. If the fee is not paid by March 1,

2314

then the association shall be assessed a penalty of 10 percent of

2315

the amount due, and the association shall not have the standing

2316

to maintain or defend any action in the courts of this state

2317

until the amount due is paid.

2318

     (b)  All fees shall be deposited in the Division of Florida

2319

Land Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund

2320

as provided by law.

2321

     Section 50.  Paragraph (a) of subsection (2) of section

2322

719.502, Florida Statutes, is amended to read:

2323

     719.502  Filing prior to sale or lease.--

2324

     (2)(a)  Prior to filing as required by subsection (1), and

2325

prior to acquiring an ownership, leasehold, or contractual

2326

interest in the land upon which the cooperative is to be

2327

developed, a developer shall not offer a contract for purchase or

2328

lease of a unit for more than 5 years. However, the developer may

2329

accept deposits for reservations upon the approval of a fully

2330

executed escrow agreement and reservation agreement form properly

2331

filed with the Division of Florida Land Sales, Condominiums,

2332

Timeshares, and Mobile Homes. Each filing of a proposed

2333

reservation program shall be accompanied by a filing fee of $250.

2334

Reservations shall not be taken on a proposed cooperative unless

2335

the developer has an ownership, leasehold, or contractual

2336

interest in the land upon which the cooperative is to be

2337

developed. The division shall notify the developer within 20 days

2338

of receipt of the reservation filing of any deficiencies

2339

contained therein. Such notification shall not preclude the

2340

determination of reservation filing deficiencies at a later date,

2341

nor shall it relieve the developer of any responsibility under

2342

the law. The escrow agreement and the reservation agreement form

2343

shall include a statement of the right of the prospective

2344

purchaser to an immediate unqualified refund of the reservation

2345

deposit moneys upon written request to the escrow agent by the

2346

prospective purchaser or the developer.

2347

     Section 51.  Section 719.504, Florida Statutes, is amended

2348

to read:

2349

     719.504  Prospectus or offering circular.--Every developer

2350

of a residential cooperative which contains more than 20

2351

residential units, or which is part of a group of residential

2352

cooperatives which will be served by property to be used in

2353

common by unit owners of more than 20 residential units, shall

2354

prepare a prospectus or offering circular and file it with the

2355

Division of Florida Land Sales, Condominiums, Timeshares, and

2356

Mobile Homes prior to entering into an enforceable contract of

2357

purchase and sale of any unit or lease of a unit for more than 5

2358

years and shall furnish a copy of the prospectus or offering

2359

circular to each buyer. In addition to the prospectus or offering

2360

circular, each buyer shall be furnished a separate page entitled

2361

"Frequently Asked Questions and Answers," which must be in

2362

accordance with a format approved by the division. This page

2363

must, in readable language: inform prospective purchasers

2364

regarding their voting rights and unit use restrictions,

2365

including restrictions on the leasing of a unit; indicate whether

2366

and in what amount the unit owners or the association is

2367

obligated to pay rent or land use fees for recreational or other

2368

commonly used facilities; contain a statement identifying that

2369

amount of assessment which, pursuant to the budget, would be

2370

levied upon each unit type, exclusive of any special assessments,

2371

and which identifies the basis upon which assessments are levied,

2372

whether monthly, quarterly, or otherwise; state and identify any

2373

court cases in which the association is currently a party of

2374

record in which the association may face liability in excess of

2375

$100,000; and state whether membership in a recreational

2376

facilities association is mandatory and, if so, identify the fees

2377

currently charged per unit type. The division shall by rule

2378

require such other disclosure as in its judgment will assist

2379

prospective purchasers. The prospectus or offering circular may

2380

include more than one cooperative, although not all such units

2381

are being offered for sale as of the date of the prospectus or

2382

offering circular. The prospectus or offering circular must

2383

contain the following information:

2384

     (1)  The front cover or the first page must contain only:

2385

     (a)  The name of the cooperative.

2386

     (b)  The following statements in conspicuous type:

2387

     1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT

2388

MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.

2389

     2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

2390

NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,

2391

ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.

2392

     3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY

2393

STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS

2394

PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT

2395

REPRESENTATIONS.

2396

     (2)  Summary: The next page must contain all statements

2397

required to be in conspicuous type in the prospectus or offering

2398

circular.

2399

     (3)  A separate index of the contents and exhibits of the

2400

prospectus.

2401

     (4)  Beginning on the first page of the text (not including

2402

the summary and index), a description of the cooperative,

2403

including, but not limited to, the following information:

2404

     (a)  Its name and location.

2405

     (b)  A description of the cooperative property, including,

2406

without limitation:

2407

     1.  The number of buildings, the number of units in each

2408

building, the number of bathrooms and bedrooms in each unit, and

2409

the total number of units, if the cooperative is not a phase

2410

cooperative; or, if the cooperative is a phase cooperative, the

2411

maximum number of buildings that may be contained within the

2412

cooperative, the minimum and maximum number of units in each

2413

building, the minimum and maximum number of bathrooms and

2414

bedrooms that may be contained in each unit, and the maximum

2415

number of units that may be contained within the cooperative.

2416

     2.  The page in the cooperative documents where a copy of

2417

the survey and plot plan of the cooperative is located.

2418

     3.  The estimated latest date of completion of constructing,

2419

finishing, and equipping. In lieu of a date, a statement that the

2420

estimated date of completion of the cooperative is in the

2421

purchase agreement and a reference to the article or paragraph

2422

containing that information.

2423

     (c)  The maximum number of units that will use facilities in

2424

common with the cooperative. If the maximum number of units will

2425

vary, a description of the basis for variation and the minimum

2426

amount of dollars per unit to be spent for additional

2427

recreational facilities or enlargement of such facilities. If the

2428

addition or enlargement of facilities will result in a material

2429

increase of a unit owner's maintenance expense or rental expense,

2430

if any, the maximum increase and limitations thereon shall be

2431

stated.

2432

     (5)(a)  A statement in conspicuous type describing whether

2433

the cooperative is created and being sold as fee simple interests

2434

or as leasehold interests. If the cooperative is created or being

2435

sold on a leasehold, the location of the lease in the disclosure

2436

materials shall be stated.

2437

     (b)  If timeshare estates are or may be created with respect

2438

to any unit in the cooperative, a statement in conspicuous type

2439

stating that timeshare estates are created and being sold in such

2440

specified units in the cooperative.

2441

     (6)  A description of the recreational and other common

2442

areas that will be used only by unit owners of the cooperative,

2443

including, but not limited to, the following:

2444

     (a)  Each room and its intended purposes, location,

2445

approximate floor area, and capacity in numbers of people.

2446

     (b)  Each swimming pool, as to its general location,

2447

approximate size and depths, approximate deck size and capacity,

2448

and whether heated.

2449

     (c)  Additional facilities, as to the number of each

2450

facility, its approximate location, approximate size, and

2451

approximate capacity.

2452

     (d)  A general description of the items of personal property

2453

and the approximate number of each item of personal property that

2454

the developer is committing to furnish for each room or other

2455

facility or, in the alternative, a representation as to the

2456

minimum amount of expenditure that will be made to purchase the

2457

personal property for the facility.

2458

     (e)  The estimated date when each room or other facility

2459

will be available for use by the unit owners.

2460

     (f)1.  An identification of each room or other facility to

2461

be used by unit owners that will not be owned by the unit owners

2462

or the association;

2463

     2.  A reference to the location in the disclosure materials

2464

of the lease or other agreements providing for the use of those

2465

facilities; and

2466

     3.  A description of the terms of the lease or other

2467

agreements, including the length of the term; the rent payable,

2468

directly or indirectly, by each unit owner, and the total rent

2469

payable to the lessor, stated in monthly and annual amounts for

2470

the entire term of the lease; and a description of any option to

2471

purchase the property leased under any such lease, including the

2472

time the option may be exercised, the purchase price or how it is

2473

to be determined, the manner of payment, and whether the option

2474

may be exercised for a unit owner's share or only as to the

2475

entire leased property.

2476

     (g)  A statement as to whether the developer may provide

2477

additional facilities not described above, their general

2478

locations and types, improvements or changes that may be made,

2479

the approximate dollar amount to be expended, and the maximum

2480

additional common expense or cost to the individual unit owners

2481

that may be charged during the first annual period of operation

2482

of the modified or added facilities.

2483

2484

Descriptions as to locations, areas, capacities, numbers,

2485

volumes, or sizes may be stated as approximations or minimums.

2486

     (7)  A description of the recreational and other facilities

2487

that will be used in common with other cooperatives, community

2488

associations, or planned developments which require the payment

2489

of the maintenance and expenses of such facilities, either

2490

directly or indirectly, by the unit owners. The description shall

2491

include, but not be limited to, the following:

2492

     (a)  Each building and facility committed to be built.

2493

     (b)  Facilities not committed to be built except under

2494

certain conditions, and a statement of those conditions or

2495

contingencies.

2496

     (c)  As to each facility committed to be built, or which

2497

will be committed to be built upon the happening of one of the

2498

conditions in paragraph (b), a statement of whether it will be

2499

owned by the unit owners having the use thereof or by an

2500

association or other entity which will be controlled by them, or

2501

others, and the location in the exhibits of the lease or other

2502

document providing for use of those facilities.

2503

     (d)  The year in which each facility will be available for

2504

use by the unit owners or, in the alternative, the maximum number

2505

of unit owners in the project at the time each of all of the

2506

facilities is committed to be completed.

2507

     (e)  A general description of the items of personal

2508

property, and the approximate number of each item of personal

2509

property, that the developer is committing to furnish for each

2510

room or other facility or, in the alternative, a representation

2511

as to the minimum amount of expenditure that will be made to

2512

purchase the personal property for the facility.

2513

     (f)  If there are leases, a description thereof, including

2514

the length of the term, the rent payable, and a description of

2515

any option to purchase.

2516

2517

Descriptions shall include location, areas, capacities, numbers,

2518

volumes, or sizes and may be stated as approximations or

2519

minimums.

2520

     (8)  Recreation lease or associated club membership:

2521

     (a)  If any recreational facilities or other common areas

2522

offered by the developer and available to, or to be used by, unit

2523

owners are to be leased or have club membership associated, the

2524

following statement in conspicuous type shall be included: THERE

2525

IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS

2526

COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS

2527

COOPERATIVE. There shall be a reference to the location in the

2528

disclosure materials where the recreation lease or club

2529

membership is described in detail.

2530

     (b)  If it is mandatory that unit owners pay a fee, rent,

2531

dues, or other charges under a recreational facilities lease or

2532

club membership for the use of facilities, there shall be in

2533

conspicuous type the applicable statement:

2534

     1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

2535

MANDATORY FOR UNIT OWNERS; or

2536

     2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,

2537

TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or

2538

     3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS

2539

AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,

2540

RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE

2541

OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

2542

     4.  A similar statement of the nature of the organization or

2543

manner in which the use rights are created, and that unit owners

2544

are required to pay.

2545

2546

Immediately following the applicable statement, the location in

2547

the disclosure materials where the development is described in

2548

detail shall be stated.

2549

     (c)  If the developer, or any other person other than the

2550

unit owners and other persons having use rights in the

2551

facilities, reserves, or is entitled to receive, any rent, fee,

2552

or other payment for the use of the facilities, then there shall

2553

be the following statement in conspicuous type: THE UNIT OWNERS

2554

OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR

2555

RECREATIONAL OR OTHER COMMON AREAS. Immediately following this

2556

statement, the location in the disclosure materials where the

2557

rent or land use fees are described in detail shall be stated.

2558

     (d)  If, in any recreation format, whether leasehold, club,

2559

or other, any person other than the association has the right to

2560

a lien on the units to secure the payment of assessments, rent,

2561

or other exactions, there shall appear a statement in conspicuous

2562

type in substantially the following form:

2563

     1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

2564

SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

2565

RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE PAYMENTS

2566

MAY RESULT IN FORECLOSURE OF THE LIEN; or

2567

     2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

2568

SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE

2569

FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL

2570

OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE

2571

PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.

2572

2573

Immediately following the applicable statement, the location in

2574

the disclosure materials where the lien or lien right is

2575

described in detail shall be stated.

2576

     (9)  If the developer or any other person has the right to

2577

increase or add to the recreational facilities at any time after

2578

the establishment of the cooperative whose unit owners have use

2579

rights therein, without the consent of the unit owners or

2580

associations being required, there shall appear a statement in

2581

conspicuous type in substantially the following form:

2582

RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT

2583

OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this

2584

statement, the location in the disclosure materials where such

2585

reserved rights are described shall be stated.

2586

     (10)  A statement of whether the developer's plan includes a

2587

program of leasing units rather than selling them, or leasing

2588

units and selling them subject to such leases. If so, there shall

2589

be a description of the plan, including the number and

2590

identification of the units and the provisions and term of the

2591

proposed leases, and a statement in boldfaced type that: THE

2592

UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

2593

     (11)  The arrangements for management of the association and

2594

maintenance and operation of the cooperative property and of

2595

other property that will serve the unit owners of the cooperative

2596

property, and a description of the management contract and all

2597

other contracts for these purposes having a term in excess of 1

2598

year, including the following:

2599

     (a)  The names of contracting parties.

2600

     (b)  The term of the contract.

2601

     (c)  The nature of the services included.

2602

     (d)  The compensation, stated on a monthly and annual basis,

2603

and provisions for increases in the compensation.

2604

     (e)  A reference to the volumes and pages of the cooperative

2605

documents and of the exhibits containing copies of such

2606

contracts.

2607

2608

Copies of all described contracts shall be attached as exhibits.

2609

If there is a contract for the management of the cooperative

2610

property, then a statement in conspicuous type in substantially

2611

the following form shall appear, identifying the proposed or

2612

existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR THE

2613

MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE CONTRACT

2614

MANAGER). Immediately following this statement, the location in

2615

the disclosure materials of the contract for management of the

2616

cooperative property shall be stated.

2617

     (12)  If the developer or any other person or persons other

2618

than the unit owners has the right to retain control of the board

2619

of administration of the association for a period of time which

2620

can exceed 1 year after the closing of the sale of a majority of

2621

the units in that cooperative to persons other than successors or

2622

alternate developers, then a statement in conspicuous type in

2623

substantially the following form shall be included: THE DEVELOPER

2624

(OR OTHER PERSON) HAS THE RIGHT TO RETAIN CONTROL OF THE

2625

ASSOCIATION AFTER A MAJORITY OF THE UNITS HAVE BEEN SOLD.

2626

Immediately following this statement, the location in the

2627

disclosure materials where this right to control is described in

2628

detail shall be stated.

2629

     (13)  If there are any restrictions upon the sale, transfer,

2630

conveyance, or leasing of a unit, then a statement in conspicuous

2631

type in substantially the following form shall be included: THE

2632

SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR CONTROLLED.

2633

Immediately following this statement, the location in the

2634

disclosure materials where the restriction, limitation, or

2635

control on the sale, lease, or transfer of units is described in

2636

detail shall be stated.

2637

     (14)  If the cooperative is part of a phase project, the

2638

following shall be stated:

2639

     (a)  A statement in conspicuous type in substantially the

2640

following form shall be included: THIS IS A PHASE COOPERATIVE.

2641

ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.

2642

Immediately following this statement, the location in the

2643

disclosure materials where the phasing is described shall be

2644

stated.

2645

     (b)  A summary of the provisions of the declaration

2646

providing for the phasing.

2647

     (c)  A statement as to whether or not residential buildings

2648

and units which are added to the cooperative may be substantially

2649

different from the residential buildings and units originally in

2650

the cooperative, and, if the added residential buildings and

2651

units may be substantially different, there shall be a general

2652

description of the extent to which such added residential

2653

buildings and units may differ, and a statement in conspicuous

2654

type in substantially the following form shall be included:

2655

BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE MAY BE

2656

SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE

2657

COOPERATIVE. Immediately following this statement, the location

2658

in the disclosure materials where the extent to which added

2659

residential buildings and units may substantially differ is

2660

described shall be stated.

2661

     (d)  A statement of the maximum number of buildings

2662

containing units, the maximum and minimum number of units in each

2663

building, the maximum number of units, and the minimum and

2664

maximum square footage of the units that may be contained within

2665

each parcel of land which may be added to the cooperative.

2666

     (15)  If the cooperative is created by conversion of

2667

existing improvements, the following information shall be stated:

2668

     (a)  The information required by s. 719.616.

2669

     (b)  A caveat that there are no express warranties unless

2670

they are stated in writing by the developer.

2671

     (16)  A summary of the restrictions, if any, to be imposed

2672

on units concerning the use of any of the cooperative property,

2673

including statements as to whether there are restrictions upon

2674

children and pets, and reference to the volumes and pages of the

2675

cooperative documents where such restrictions are found, or if

2676

such restrictions are contained elsewhere, then a copy of the

2677

documents containing the restrictions shall be attached as an

2678

exhibit.

2679

     (17)  If there is any land that is offered by the developer

2680

for use by the unit owners and that is neither owned by them nor

2681

leased to them, the association, or any entity controlled by unit

2682

owners and other persons having the use rights to such land, a

2683

statement shall be made as to how such land will serve the

2684

cooperative. If any part of such land will serve the cooperative,

2685

the statement shall describe the land and the nature and term of

2686

service, and the cooperative documents or other instrument

2687

creating such servitude shall be included as an exhibit.

2688

     (18)  The manner in which utility and other services,

2689

including, but not limited to, sewage and waste disposal, water

2690

supply, and storm drainage, will be provided and the person or

2691

entity furnishing them.

2692

     (19)  An explanation of the manner in which the

2693

apportionment of common expenses and ownership of the common

2694

areas have been determined.

2695

     (20)  An estimated operating budget for the cooperative and

2696

the association, and a schedule of the unit owner's expenses

2697

shall be attached as an exhibit and shall contain the following

2698

information:

2699

     (a)  The estimated monthly and annual expenses of the

2700

cooperative and the association that are collected from unit

2701

owners by assessments.

2702

     (b)  The estimated monthly and annual expenses of each unit

2703

owner for a unit, other than assessments payable to the

2704

association, payable by the unit owner to persons or entities

2705

other than the association, and the total estimated monthly and

2706

annual expense. There may be excluded from this estimate expenses

2707

that are personal to unit owners, which are not uniformly

2708

incurred by all unit owners, or which are not provided for or

2709

contemplated by the cooperative documents, including, but not

2710

limited to, the costs of private telephone; maintenance of the

2711

interior of cooperative units, which is not the obligation of the

2712

association; maid or janitorial services privately contracted for

2713

by the unit owners; utility bills billed directly to each unit

2714

owner for utility services to his or her unit; insurance premiums

2715

other than those incurred for policies obtained by the

2716

cooperative; and similar personal expenses of the unit owner. A

2717

unit owner's estimated payments for assessments shall also be

2718

stated in the estimated amounts for the times when they will be

2719

due.

2720

     (c)  The estimated items of expenses of the cooperative and

2721

the association, except as excluded under paragraph (b),

2722

including, but not limited to, the following items, which shall

2723

be stated either as an association expense collectible by

2724

assessments or as unit owners' expenses payable to persons other

2725

than the association:

2726

     1.  Expenses for the association and cooperative:

2727

     a.  Administration of the association.

2728

     b.  Management fees.

2729

     c.  Maintenance.

2730

     d.  Rent for recreational and other commonly used areas.

2731

     e.  Taxes upon association property.

2732

     f.  Taxes upon leased areas.

2733

     g.  Insurance.

2734

     h.  Security provisions.

2735

     i.  Other expenses.

2736

     j.  Operating capital.

2737

     k.  Reserves.

2738

     l.  Fee payable to the division.

2739

     2.  Expenses for a unit owner:

2740

     a.  Rent for the unit, if subject to a lease.

2741

     b.  Rent payable by the unit owner directly to the lessor or

2742

agent under any recreational lease or lease for the use of

2743

commonly used areas, which use and payment are a mandatory

2744

condition of ownership and are not included in the common expense

2745

or assessments for common maintenance paid by the unit owners to

2746

the association.

2747

     (d)  The following statement in conspicuous type: THE BUDGET

2748

CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN

2749

ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE

2750

ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON

2751

FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.

2752

ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH

2753

CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE

2754

OFFERING.

2755

     (e)  Each budget for an association prepared by a developer

2756

consistent with this subsection shall be prepared in good faith

2757

and shall reflect accurate estimated amounts for the required

2758

items in paragraph (c) at the time of the filing of the offering

2759

circular with the division, and subsequent increased amounts of

2760

any item included in the association's estimated budget that are

2761

beyond the control of the developer shall not be considered an

2762

amendment that would give rise to rescission rights set forth in

2763

s. 719.503(1)(a) or (b), nor shall such increases modify, void,

2764

or otherwise affect any guarantee of the developer contained in

2765

the offering circular or any purchase contract. It is the intent

2766

of this paragraph to clarify existing law.

2767

     (f)  The estimated amounts shall be stated for a period of

2768

at least 12 months and may distinguish between the period prior

2769

to the time unit owners other than the developer elect a majority

2770

of the board of administration and the period after that date.

2771

     (21)  A schedule of estimated closing expenses to be paid by

2772

a buyer or lessee of a unit and a statement of whether title

2773

opinion or title insurance policy is available to the buyer and,

2774

if so, at whose expense.

2775

     (22)  The identity of the developer and the chief operating

2776

officer or principal directing the creation and sale of the

2777

cooperative and a statement of its and his or her experience in

2778

this field.

2779

     (23)  Copies of the following, to the extent they are

2780

applicable, shall be included as exhibits:

2781

     (a)  The cooperative documents, or the proposed cooperative

2782

documents if the documents have not been recorded.

2783

     (b)  The articles of incorporation creating the association.

2784

     (c)  The bylaws of the association.

2785

     (d)  The ground lease or other underlying lease of the

2786

cooperative.

2787

     (e)  The management agreement and all maintenance and other

2788

contracts for management of the association and operation of the

2789

cooperative and facilities used by the unit owners having a

2790

service term in excess of 1 year.

2791

     (f)  The estimated operating budget for the cooperative and

2792

the required schedule of unit owners' expenses.

2793

     (g)  A copy of the floor plan of the unit and the plot plan

2794

showing the location of the residential buildings and the

2795

recreation and other common areas.

2796

     (h)  The lease of recreational and other facilities that

2797

will be used only by unit owners of the subject cooperative.

2798

     (i)  The lease of facilities used by owners and others.

2799

     (j)  The form of unit lease, if the offer is of a leasehold.

2800

     (k)  A declaration of servitude of properties serving the

2801

cooperative but not owned by unit owners or leased to them or the

2802

association.

2803

     (l)  The statement of condition of the existing building or

2804

buildings, if the offering is of units in an operation being

2805

converted to cooperative ownership.

2806

     (m)  The statement of inspection for termite damage and

2807

treatment of the existing improvements, if the cooperative is a

2808

conversion.

2809

     (n)  The form of agreement for sale or lease of units.

2810

     (o)  A copy of the agreement for escrow of payments made to

2811

the developer prior to closing.

2812

     (p)  A copy of the documents containing any restrictions on

2813

use of the property required by subsection (16).

2814

     (24)  Any prospectus or offering circular complying with the

2815

provisions of former ss. 711.69 and 711.802 may continue to be

2816

used without amendment, or may be amended to comply with the

2817

provisions of this chapter.

2818

     (25)  A brief narrative description of the location and

2819

effect of all existing and intended easements located or to be

2820

located on the cooperative property other than those in the

2821

declaration.

2822

     (26)  If the developer is required by state or local

2823

authorities to obtain acceptance or approval of any dock or

2824

marina facility intended to serve the cooperative, a copy of such

2825

acceptance or approval acquired by the time of filing with the

2826

division pursuant to s. 719.502 or a statement that such

2827

acceptance has not been acquired or received.

2828

     (27)  Evidence demonstrating that the developer has an

2829

ownership, leasehold, or contractual interest in the land upon

2830

which the cooperative is to be developed.

2831

     Section 52.  Section 719.508, Florida Statutes, is amended

2832

to read:

2833

     719.508  Regulation by Division of Hotels and

2834

Restaurants.--In addition to the authority, regulation, or

2835

control exercised by the Division of Florida Land Sales,

2836

Condominiums, Timeshares, and Mobile Homes pursuant to this act

2837

with respect to cooperatives, buildings included in a cooperative

2838

property shall be subject to the authority, regulation, or

2839

control of the Division of Hotels and Restaurants of the

2840

Department of Business and Professional Regulation, to the extent

2841

provided for in chapters 399 and 509.

2842

     Section 53.  Paragraph (a) of subsection (2) of section

2843

719.608, Florida Statutes, is amended to read:

2844

     719.608  Notice of intended conversion; time of delivery;

2845

content.--

2846

     (2)(a)  Each notice of intended conversion shall be dated

2847

and in writing. The notice shall contain the following statement,

2848

with the phrases of the following statement which appear in upper

2849

case printed in conspicuous type:

2850

2851

     These apartments are being converted to cooperative by  

2852

(name of developer)  , the developer.

2853

     1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF

2854

YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL

2855

AGREEMENT AS FOLLOWS:

2856

     a.  If you have continuously been a resident of these

2857

apartments during the last 180 days and your rental agreement

2858

expires during the next 270 days, you may extend your rental

2859

agreement for up to 270 days after the date of this notice.

2860

     b.  If you have not been a continuous resident of these

2861

apartments for the last 180 days and your rental agreement

2862

expires during the next 180 days, you may extend your rental

2863

agreement for up to 180 days after the date of this notice.

2864

     c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU

2865

MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE

2866

DATE OF THIS NOTICE.

2867

     2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,

2868

you may extend your rental agreement for up to 45 days after the

2869

date of this notice while you decide whether to extend your

2870

rental agreement as explained above. To do so, you must notify

2871

the developer in writing. You will then have the full 45 days to

2872

decide whether to extend your rental agreement as explained

2873

above.

2874

     3.  During the extension of your rental agreement you will

2875

be charged the same rent that you are now paying.

2876

     4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION

2877

OF THE RENTAL AGREEMENT AS FOLLOWS:

2878

     a.  If your rental agreement began or was extended or

2879

renewed after May 1, 1980, and your rental agreement, including

2880

extensions and renewals, has an unexpired term of 180 days or

2881

less, you may cancel your rental agreement upon 30 days' written

2882

notice and move. Also, upon 30 days' written notice, you may

2883

cancel any extension of the rental agreement.

2884

     b.  If your rental agreement was not begun or was not

2885

extended or renewed after May 1, 1980, you may not cancel the

2886

rental agreement without the consent of the developer. If your

2887

rental agreement, including extensions and renewals, has an

2888

unexpired term of 180 days or less, you may, however, upon 30

2889

days' written notice cancel any extension of the rental

2890

agreement.

2891

     5.  All notices must be given in writing and sent by mail,

2892

return receipt requested, or delivered in person to the developer

2893

at this address:   (name and address of developer)  .

2894

     6.  If you have continuously been a resident of these

2895

apartments during the last 180 days:

2896

     a.  You have the right to purchase your apartment and will

2897

have 45 days to decide whether to purchase. If you do not buy the

2898

unit at that price and the unit is later offered at a lower

2899

price, you will have the opportunity to buy the unit at the lower

2900

price. However, in all events your right to purchase the unit

2901

ends when the rental agreement or any extension of the rental

2902

agreement ends or when you waive this right in writing.

2903

     b.  Within 90 days you will be provided purchase information

2904

relating to your apartment, including the price of your unit and

2905

the condition of the building. If you do not receive this

2906

information within 90 days, your rental agreement and any

2907

extension will be extended 1 day for each day over 90 days until

2908

you are given the purchase information. If you do not want this

2909

rental agreement extension, you must notify the developer in

2910

writing.

2911

     7.  If you have any questions regarding this conversion or

2912

the Cooperative Act, you may contact the developer or the state

2913

agency which regulates cooperatives: The Division of Florida Land

2914

Sales, Condominiums, Timeshares, and Mobile Homes, (Tallahassee

2915

address and telephone number of division)  .

2916

     Section 54.  Subsection (7) of section 720.301, Florida

2917

Statutes, is amended to read:

2918

     720.301  Definitions.--As used in this chapter, the term:

2919

     (7) "Division" means the Division of Florida Land Sales,

2920

Condominiums, Timeshares, and Mobile Homes in the Department of

2921

Business and Professional Regulation.

2922

     Section 55.  Subsection (2) of section 720.401, Florida

2923

Statutes, is amended to read:

2924

     720.401  Prospective purchasers subject to association

2925

membership requirement; disclosure required; covenants;

2926

assessments; contract cancellation.--

2927

     (2)  This section does not apply to any association

2928

regulated under chapter 718, chapter 719, chapter 721, or chapter

2929

723 or to a subdivider registered under chapter 498; and also

2930

does not apply if disclosure regarding the association is

2931

otherwise made in connection with the requirements of chapter

2932

718, chapter 719, chapter 721, or chapter 723.

2933

     Section 56.  Paragraph (c) of subsection (1) of section

2934

721.03, Florida Statutes, is amended to read:

2935

     721.03  Scope of chapter.--

2936

     (1)  This chapter applies to all timeshare plans consisting

2937

of more than seven timeshare periods over a period of at least 3

2938

years in which the accommodations and facilities, if any, are

2939

located within this state or offered within this state; provided

2940

that:

2941

     (c)  All timeshare accommodations or facilities which are

2942

located outside the state but offered for sale in this state

2943

shall be governed by the following:

2944

     1.  The offering for sale in this state of timeshare

2945

accommodations and facilities located outside the state is

2946

subject only to the provisions of ss. 721.01-721.12, 721.18,

2947

721.20, 721.21, 721.26, 721.28, and part II.

2948

     2.  The division shall not require a developer of timeshare

2949

accommodations or facilities located outside of this state to

2950

make changes in any timeshare instrument to conform to the

2951

provisions of s. 721.07 or s. 721.55. The division shall have the

2952

power to require disclosure of those provisions of the timeshare

2953

instrument that do not conform to s. 721.07 or s. 721.55 as the

2954

director determines is necessary to fairly, meaningfully, and

2955

effectively disclose all aspects of the timeshare plan.

2956

     3.  Except as provided in this subparagraph, the division

2957

shall have no authority to determine whether any person has

2958

complied with another state's laws or to disapprove any filing

2959

out-of-state, timeshare instrument, or component site document,

2960

based solely upon the lack or degree of timeshare regulation in

2961

another state. The division may require a developer to obtain and

2962

provide to the division existing documentation relating to an

2963

out-of-state filing, timeshare instrument, or component site

2964

document and prove compliance of same with the laws of that

2965

state. In this regard, the division may accept any evidence of

2966

the approval or acceptance of any out-of-state filing, timeshare

2967

instrument, or component site document by another state in lieu

2968

of requiring a developer to file the out-of-state filing,

2969

timeshare instrument, or component site document with the

2970

division pursuant to this section, or the division may accept an

2971

opinion letter from an attorney or law firm opining as to the

2972

compliance of such out-of-state filing, timeshare instrument, or

2973

component site document with the laws of another state. The

2974

division may refuse to approve the inclusion of any out-of-state

2975

filing, timeshare instrument, or component site document as part

2976

of a public offering statement based upon the inability of the

2977

developer to establish the compliance of same with the laws of

2978

another state.

2979

     4.  The division is authorized to enter into an agreement

2980

with another state for the purpose of facilitating the processing

2981

of out-of-state timeshare instruments or other component site

2982

documents pursuant to this chapter and for the purpose of

2983

facilitating the referral of consumer complaints to the

2984

appropriate state.

2985

     5.  Notwithstanding any other provision of this paragraph,

2986

the offer, in this state, of an additional interest to existing

2987

purchasers in the same timeshare plan or the same component site

2988

of a multisite timeshare plan, the same nonspecific multisite

2989

timeshare plan, with accommodations and facilities located

2990

outside of this state shall not be subject to the provisions of

2991

this chapter if the offer complies with the provisions of s.

2992

721.11(4).

2993

     Section 57.  Subsection (11) of section 721.05, Florida

2994

Statutes, is amended to read:

2995

     721.05  Definitions.--As used in this chapter, the term:

2996

     (11) "Division" means the Division of Florida Land Sales,

2997

Condominiums, Timeshares, and Mobile Homes of the Department of

2998

Business and Professional Regulation.

2999

     Section 58.  Paragraph (d) of subsection (2) of section

3000

721.07, Florida Statutes, is amended to read:

3001

     721.07  Public offering statement.--Prior to offering any

3002

timeshare plan, the developer must submit a filed public offering

3003

statement to the division for approval as prescribed by s.

3004

721.03, s. 721.55, or this section. Until the division approves

3005

such filing, any contract regarding the sale of that timeshare

3006

plan is subject to cancellation by the purchaser pursuant to s.

3007

721.10.

3008

     (2)

3009

     (d)  A developer shall have the authority to deliver to

3010

purchasers any purchaser public offering statement that is not

3011

yet approved by the division, provided that the following shall

3012

apply:

3013

     1.  At the time the developer delivers an unapproved

3014

purchaser public offering statement to a purchaser pursuant to

3015

this paragraph, the developer shall deliver a fully completed and

3016

executed copy of the purchase contract required by s. 721.06 that

3017

contains the following statement in conspicuous type in

3018

substantially the following form which shall replace the

3019

statements required by s. 721.06(1)(g):

3020

3021

The developer is delivering to you a public offering statement

3022

that has been filed with but not yet approved by the Division of

3023

Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.

3024

Any revisions to the unapproved public offering statement you

3025

have received must be delivered to you, but only if the revisions

3026

materially alter or modify the offering in a manner adverse to

3027

you. After the division approves the public offering statement,

3028

you will receive notice of the approval from the developer and

3029

the required revisions, if any.

3030

3031

Your statutory right to cancel this transaction without any

3032

penalty or obligation expires 10 calendar days after the date you

3033

signed your purchase contract or the date on which you receive

3034

the last of all documents required to be given to you pursuant to

3035

section 721.07(6), Florida Statutes, or 10 calendar days after

3036

you receive revisions required to be delivered to you, if any,

3037

whichever is later. If you decide to cancel this contract, you

3038

must notify the seller in writing of your intent to cancel. Your

3039

notice of cancellation shall be effective upon the date sent and

3040

shall be sent to   (Name of Seller)   at   (Address of Seller)  .

3041

Any attempt to obtain a waiver of your cancellation right is void

3042

and of no effect. While you may execute all closing documents in

3043

advance, the closing, as evidenced by delivery of the deed or

3044

other document, before expiration of your 10-day cancellation

3045

period, is prohibited.

3046

3047

     2.  After receipt of approval from the division and prior to

3048

closing, if any revisions made to the documents contained in the

3049

purchaser public offering statement materially alter or modify

3050

the offering in a manner adverse to a purchaser, the developer

3051

shall send the purchaser such revisions together with a notice

3052

containing a statement in conspicuous type in substantially the

3053

following form:

3054

3055

The unapproved public offering statement previously delivered to

3056

you, together with the enclosed revisions, has been approved by

3057

the Division of Florida Land Sales, Condominiums, Timeshares, and

3058

Mobile Homes. Accordingly, your cancellation right expires 10

3059

calendar days after you sign your purchase contract or 10

3060

calendar days after you receive these revisions, whichever is

3061

later. If you have any questions regarding your cancellation

3062

rights, you may contact the division at [insert division's

3063

current address].

3064

3065

     3.  After receipt of approval from the division and prior to

3066

closing, if no revisions have been made to the documents

3067

contained in the unapproved purchaser public offering statement,

3068

or if such revisions do not materially alter or modify the

3069

offering in a manner adverse to a purchaser, the developer shall

3070

send the purchaser a notice containing a statement in conspicuous

3071

type in substantially the following form:

3072

3073

The unapproved public offering statement previously delivered to

3074

you has been approved by the Division of Florida Land Sales,

3075

Condominiums, Timeshares, and Mobile Homes. Revisions made to the

3076

unapproved public offering statement, if any, are either not

3077

required to be delivered to you or are not deemed by the

3078

developer, in its opinion, to materially alter or modify the

3079

offering in a manner that is adverse to you. Accordingly, your

3080

cancellation right expired 10 days after you signed your purchase

3081

contract. A complete copy of the approved public offering

3082

statement is available through the managing entity for inspection

3083

as part of the books and records of the plan. If you have any

3084

questions regarding your cancellation rights, you may contact the

3085

division at [insert division's current address].

3086

     Section 59.  Subsection (8) of section 721.08, Florida

3087

Statutes, is amended to read:

3088

     721.08  Escrow accounts; nondisturbance instruments;

3089

alternate security arrangements; transfer of legal title.--

3090

     (8)  An escrow agent holding escrowed funds pursuant to this

3091

chapter that have not been claimed for a period of 5 years after

3092

the date of deposit shall make at least one reasonable attempt to

3093

deliver such unclaimed funds to the purchaser who submitted such

3094

funds to escrow. In making such attempt, an escrow agent is

3095

entitled to rely on a purchaser's last known address as set forth

3096

in the books and records of the escrow agent and is not required

3097

to conduct any further search for the purchaser. If an escrow

3098

agent's attempt to deliver unclaimed funds to any purchaser is

3099

unsuccessful, the escrow agent may deliver such unclaimed funds

3100

to the division and the division shall deposit such unclaimed

3101

funds in the Division of Florida Land Sales, Condominiums,

3102

Timeshares, and Mobile Homes Trust Fund, 30 days after giving

3103

notice in a publication of general circulation in the county in

3104

which the timeshare property containing the purchaser's timeshare

3105

interest is located. The purchaser may claim the same at any time

3106

prior to the delivery of such funds to the division. After

3107

delivery of such funds to the division, the purchaser shall have

3108

no more rights to the unclaimed funds. The escrow agent shall not

3109

be liable for any claims from any party arising out of the escrow

3110

agent's delivery of the unclaimed funds to the division pursuant

3111

to this section.

3112

     Section 60.  Section 721.26, Florida Statutes, is amended to

3113

read:

3114

     721.26  Regulation by division.--The division has the power

3115

to enforce and ensure compliance with the provisions of this

3116

chapter, except for parts III and IV, using the powers provided

3117

in this chapter, as well as the powers prescribed in chapters

3118

498, 718, and 719. In performing its duties, the division shall

3119

have the following powers and duties:

3120

     (1)  To aid in the enforcement of this chapter, or any

3121

division rule adopted or order promulgated or issued pursuant to

3122

this chapter, the division may make necessary public or private

3123

investigations within or outside this state to determine whether

3124

any person has violated or is about to violate this chapter, or

3125

any division rule adopted or order promulgated or issued pursuant

3126

to this chapter.

3127

     (2)  The division may require or permit any person to file a

3128

written statement under oath or otherwise, as the division

3129

determines, as to the facts and circumstances concerning a matter

3130

under investigation.

3131

     (3)  For the purpose of any investigation under this

3132

chapter, the director of the division or any officer or employee

3133

designated by the director may administer oaths or affirmations,

3134

subpoena witnesses and compel their attendance, take evidence,

3135

and require the production of any matter which is relevant to the

3136

investigation, including the identity, existence, description,

3137

nature, custody, condition, and location of any books, documents,

3138

or other tangible things and the identity and location of persons

3139

having knowledge of relevant facts or any other matter reasonably

3140

calculated to lead to the discovery of material evidence. Failure

3141

to obey a subpoena or to answer questions propounded by the

3142

investigating officer and upon reasonable notice to all persons

3143

affected thereby shall be a violation of this chapter. In

3144

addition to the other enforcement powers authorized in this

3145

subsection, the division may, at its discretion, apply to the

3146

circuit court for an order compelling compliance.

3147

     (4)  The division may prepare and disseminate a prospectus

3148

and other information to assist prospective purchasers, sellers,

3149

and managing entities of timeshare plans in assessing the rights,

3150

privileges, and duties pertaining thereto.

3151

     (5)  Notwithstanding any remedies available to purchasers,

3152

if the division has reasonable cause to believe that a violation

3153

of this chapter, or of any division rule adopted or order

3154

promulgated or issued pursuant to this chapter, has occurred, the

3155

division may institute enforcement proceedings in its own name

3156

against any regulated party, as such term is defined in this

3157

subsection:

3158

     (a)1.  "Regulated party," for purposes of this section,

3159

means any developer, exchange company, seller, managing entity,

3160

owners' association, owners' association director, owners'

3161

association officer, manager, management firm, escrow agent,

3162

trustee, any respective assignees or agents, or any other person

3163

having duties or obligations pursuant to this chapter.

3164

     2.  Any person who materially participates in any offer or

3165

disposition of any interest in, or the management or operation

3166

of, a timeshare plan in violation of this chapter or relevant

3167

rules involving fraud, deception, false pretenses,

3168

misrepresentation, or false advertising or the disbursement,

3169

concealment, or diversion of any funds or assets, which conduct

3170

adversely affects the interests of a purchaser, and which person

3171

directly or indirectly controls a regulated party or is a general

3172

partner, officer, director, agent, or employee of such regulated

3173

party, shall be jointly and severally liable under this

3174

subsection with such regulated party, unless such person did not

3175

know, and in the exercise of reasonable care could not have

3176

known, of the existence of the facts giving rise to the violation

3177

of this chapter. A right of contribution shall exist among

3178

jointly and severally liable persons pursuant to this paragraph.

3179

     (b)  The division may permit any person whose conduct or

3180

actions may be under investigation to waive formal proceedings

3181

and enter into a consent proceeding whereby an order, rule, or

3182

letter of censure or warning, whether formal or informal, may be

3183

entered against that person.

3184

     (c)  The division may issue an order requiring a regulated

3185

party to cease and desist from an unlawful practice under this

3186

chapter and take such affirmative action as in the judgment of

3187

the division will carry out the purposes of this chapter.

3188

     (d)1.  The division may bring an action in circuit court for

3189

declaratory or injunctive relief or for other appropriate relief,

3190

including restitution.

3191

     2.  The division shall have broad authority and discretion

3192

to petition the circuit court to appoint a receiver with respect

3193

to any managing entity which fails to perform its duties and

3194

obligations under this chapter with respect to the operation of a

3195

timeshare plan. The circumstances giving rise to an appropriate

3196

petition for receivership under this subparagraph include, but

3197

are not limited to:

3198

     a.  Damage to or destruction of any of the accommodations or

3199

facilities of a timeshare plan, where the managing entity has

3200

failed to repair or reconstruct same.

3201

     b.  A breach of fiduciary duty by the managing entity,

3202

including, but not limited to, undisclosed self-dealing or

3203

failure to timely assess, collect, or disburse the common

3204

expenses of the timeshare plan.

3205

     c.  Failure of the managing entity to operate the timeshare

3206

plan in accordance with the timeshare instrument and this

3207

chapter.

3208

3209

If, under the circumstances, it appears that the events giving

3210

rise to the petition for receivership cannot be reasonably and

3211

timely corrected in a cost-effective manner consistent with the

3212

timeshare instrument, the receiver may petition the circuit court

3213

to implement such amendments or revisions to the timeshare

3214

instrument as may be necessary to enable the managing entity to

3215

resume effective operation of the timeshare plan, or to enter an

3216

order terminating the timeshare plan, or to enter such further

3217

orders regarding the disposition of the timeshare property as the

3218

court deems appropriate, including the disposition and sale of

3219

the timeshare property held by the owners' association or the

3220

purchasers. In the event of a receiver's sale, all rights, title,

3221

and interest held by the owners' association or any purchaser

3222

shall be extinguished and title shall vest in the buyer. This

3223

provision applies to timeshare estates, personal property

3224

timeshare interests, and timeshare licenses. All reasonable costs

3225

and fees of the receiver relating to the receivership shall

3226

become common expenses of the timeshare plan upon order of the

3227

court.

3228

     3.  The division may revoke its approval of any filing for

3229

any timeshare plan for which a petition for receivership has been

3230

filed pursuant to this paragraph.

3231

     (e)1.  The division may impose a penalty against any

3232

regulated party for a violation of this chapter or any rule

3233

adopted thereunder. A penalty may be imposed on the basis of each

3234

day of continuing violation, but in no event may the penalty for

3235

any offense exceed $10,000. All accounts collected shall be

3236

deposited with the Chief Financial Officer to the credit of the

3237

Division of Florida Land Sales, Condominiums, Timeshares, and

3238

Mobile Homes Trust Fund.

3239

     2.a.  If a regulated party fails to pay a penalty, the

3240

division shall thereupon issue an order directing that such

3241

regulated party cease and desist from further operation until

3242

such time as the penalty is paid; or the division may pursue

3243

enforcement of the penalty in a court of competent jurisdiction.

3244

     b.  If an owners' association or managing entity fails to

3245

pay a civil penalty, the division may pursue enforcement in a

3246

court of competent jurisdiction.

3247

     (f)  In order to permit the regulated party an opportunity

3248

either to appeal such decision administratively or to seek relief

3249

in a court of competent jurisdiction, the order imposing the

3250

penalty or the cease and desist order shall not become effective

3251

until 20 days after the date of such order.

3252

     (g)  Any action commenced by the division shall be brought

3253

in the county in which the division has its executive offices or

3254

in the county where the violation occurred.

3255

     (h)  Notice to any regulated party shall be complete when

3256

delivered by United States mail, return receipt requested, to the

3257

party's address currently on file with the division or to such

3258

other address at which the division is able to locate the party.

3259

Every regulated party has an affirmative duty to notify the

3260

division of any change of address at least 5 business days prior

3261

to such change.

3262

     (6)  The division has authority to adopt rules pursuant to

3263

ss. 120.536(1) and 120.54 to implement and enforce the provisions

3264

of this chapter.

3265

     (7)(a)  The use of any unfair or deceptive act or practice

3266

by any person in connection with the sales or other operations of

3267

an exchange program or timeshare plan is a violation of this

3268

chapter.

3269

     (b)  Any violation of the Florida Deceptive and Unfair Trade

3270

Practices Act, ss. 501.201 et seq., relating to the creation,

3271

promotion, sale, operation, or management of any timeshare plan

3272

shall also be a violation of this chapter.

3273

     (c) The division may is authorized to institute proceedings

3274

against any such person and take any appropriate action

3275

authorized in this section in connection therewith,

3276

notwithstanding any remedies available to purchasers.

3277

     (8)  The failure of any person to comply with any order of

3278

the division is a violation of this chapter.

3279

     Section 61.  Section 721.28, Florida Statutes, is amended to

3280

read:

3281

     721.28 Division of Florida Land Sales, Condominiums,

3282

Timeshares, and Mobile Homes Trust Fund.--All funds collected by

3283

the division and any amounts paid as fees or penalties under this

3284

chapter shall be deposited in the State Treasury to the credit of

3285

the Division of Florida Land Sales, Condominiums, Timeshares, and

3286

Mobile Homes Trust Fund created by s. 718.509 498.019.

3287

     Section 62.  Paragraph (c) of subsection (1) of section

3288

721.301, Florida Statutes, is amended to read:

3289

     721.301  Florida Timesharing, Vacation Club, and Hospitality

3290

Program.--

3291

     (1)

3292

     (c)  The director may designate funds from the Division of

3293

Florida Land Sales, Condominiums, Timeshares, and Mobile Homes

3294

Trust Fund, not to exceed $50,000 annually, to support the

3295

projects and proposals undertaken pursuant to paragraph (b). All

3296

state trust funds to be expended pursuant to this section must be

3297

matched equally with private moneys and shall comprise no more

3298

than half of the total moneys expended annually.

3299

     Section 63.  Section 721.50, Florida Statutes, is amended to

3300

read:

3301

     721.50  Short title.--This part may be cited as the

3302

"McAllister Act" in recognition and appreciation for the years of

3303

extraordinary and insightful contributions by Mr. Bryan C.

3304

McAllister, Examinations Supervisor of the former, Division of

3305

Florida Land Sales, Condominiums, and Mobile Homes.

3306

     Section 64.  Subsection (1) of section 723.003, Florida

3307

Statutes, is amended to read:

3308

     723.003  Definitions.--As used in this chapter, the

3309

following words and terms have the following meanings unless

3310

clearly indicated otherwise:

3311

     (1) The term "division" means the Division of Florida Land

3312

Sales, Condominiums, Timeshares, and Mobile Homes of the

3313

Department of Business and Professional Regulation.

3314

     Section 65.  Paragraph (e) of subsection (5) of section

3315

723.006, Florida Statutes, is amended to read:

3316

     723.006  Powers and duties of division.--In performing its

3317

duties, the division has the following powers and duties:

3318

     (5)  Notwithstanding any remedies available to mobile home

3319

owners, mobile home park owners, and homeowners' associations, if

3320

the division has reasonable cause to believe that a violation of

3321

any provision of this chapter or related any rule promulgated

3322

pursuant hereto has occurred, the division may institute

3323

enforcement proceedings in its own name against a developer,

3324

mobile home park owner, or homeowners' association, or its

3325

assignee or agent, as follows:

3326

     (e)1.  The division may impose a civil penalty against a

3327

mobile home park owner or homeowners' association, or its

3328

assignee or agent, for any violation of this chapter, a properly

3329

adopted promulgated park rule or regulation, or a rule adopted or

3330

regulation promulgated pursuant hereto. A penalty may be imposed

3331

on the basis of each separate violation and, if the violation is

3332

a continuing one, for each day of continuing violation, but in no

3333

event may the penalty for each separate violation or for each day

3334

of continuing violation exceed $5,000. All amounts collected

3335

shall be deposited with the Chief Financial Officer to the credit

3336

of the Division of Florida Land Sales, Condominiums, Timeshares,

3337

and Mobile Homes Trust Fund.

3338

     2.  If a violator fails to pay the civil penalty, the

3339

division shall thereupon issue an order directing that such

3340

violator cease and desist from further violation until such time

3341

as the civil penalty is paid or may pursue enforcement of the

3342

penalty in a court of competent jurisdiction. If a homeowners'

3343

association fails to pay the civil penalty, the division shall

3344

thereupon pursue enforcement in a court of competent

3345

jurisdiction, and the order imposing the civil penalty or the

3346

cease and desist order shall not become effective until 20 days

3347

after the date of such order. Any action commenced by the

3348

division shall be brought in the county in which the division has

3349

its executive offices or in which the violation occurred.

3350

     Section 66.  Section 723.009, Florida Statutes, is amended

3351

to read:

3352

     723.009 Division of Florida Land Sales, Condominiums,

3353

Timeshares, and Mobile Homes Trust Fund.--All proceeds from the

3354

fees, penalties, and fines imposed pursuant to this chapter shall

3355

be deposited into the Division of Florida Land Sales,

3356

Condominiums, Timeshares, and Mobile Homes Trust Fund created by

3357

s. 718.509 498.019. Moneys in this fund, as appropriated by the

3358

Legislature pursuant to chapter 216, may be used to defray the

3359

expenses incurred by the division in administering the provisions

3360

of this chapter.

3361

     Section 67.  Paragraph (c) of subsection (2) of section

3362

723.0611, Florida Statutes, is amended to read:

3363

     723.0611  Florida Mobile Home Relocation Corporation.--

3364

     (2)

3365

     (c)  The corporation shall, for purposes of s. 768.28, be

3366

considered an agency of the state. Agents or employees of the

3367

corporation, members of the board of directors of the

3368

corporation, or representatives of the Division of Florida Land

3369

Sales, Condominiums, Timeshares, and Mobile Homes shall be

3370

considered officers, employees, or agents of the state, and

3371

actions against them and the corporation shall be governed by s.

3372

768.28.

3373

     Section 68.  This act shall take effect July 1, 2008.

3374

3375

================ T I T L E  A M E N D M E N T ================

3376

And the title is amended as follows:

3377

     Delete everything before the enacting clause

3378

and insert:

3379

A bill to be entitled

3380

An act relating to the Department of Business and

3381

Professional Regulation; amending s. 20.165, F.S.;

3382

changing the name of the Division of Florida Land Sales,

3383

Condominiums, and Mobile Homes to the Division of Florida

3384

Condominiums, Timeshares, and Mobile Homes; changing the

3385

name of the Division of Technology, Licensure, and Testing

3386

to the Division of Technology; amending s. 215.20, F.S.;

3387

conforming the name of the former Division of Florida Land

3388

Sales, Condominiums, and Mobile Homes trust fund to

3389

correspond to the name change of the division; amending s.

3390

450.33, F.S.; removing the requirement for a farm labor

3391

contractor to file a set of fingerprints with the

3392

department; amending s. 455.203, F.S.; authorizing the

3393

department to close and terminate deficient license

3394

applications and to approve professional license

3395

applications meeting certain criteria; amending s.

3396

455.217, F.S.; conforming terminology to changes made by

3397

the act; amending s. 455.2273, F.S.; providing for the

3398

application of certain provisions of state law to

3399

disciplinary guidelines adopted by all boards and

3400

divisions; amending s. 475.17, F.S.; revising requirements

3401

for licensure as a real estate broker; amending s.

3402

475.451, F.S.; deleting requirements relating to the

3403

submission of certain real estate course rosters to the

3404

department; amending s. 477.019, F.S.; revising licensing

3405

and examination requirements for cosmetologists; providing

3406

that an applicant for approval to take the examination

3407

required for licensure as a cosmetologist may submit his

3408

or her application during a specified period in his or her

3409

training under certain circumstances; requiring that an

3410

approved applicant take such examination within a

3411

specified period of approval; requiring that an applicant

3412

reply for examination approval is he or she fails to take

3413

the exam within the specified period; requiring that the

3414

Board of Cosmetology adopt rules; authorizing a person who

3415

passes such examination to practice cosmetology under

3416

certain conditions during the period between passing the

3417

examination and receiving his or her license; prohibiting

3418

an individual who fails any part of the examination from

3419

practicing cosmetology; providing that such persons are

3420

immediately eligible to apply for reexamination; amending

3421

s. 489.105, F.S.; clarifying that individuals and business

3422

entities selling manufactured and factory-built buildings

3423

may legally enter into contracts for those sales; amending

3424

s. 489.511, F.S.; revising requirements for taking the

3425

examination for certification as an electrical or alarm

3426

system contractor; providing requirements for such

3427

certification; amending s. 489.515, F.S.; revising

3428

requirements for certification as a certified contractor

3429

by the Electrical Contractors' Licensing Board to reflect

3430

changes made to s. 489.511, F.S., by this act;

3431

transferring and renumbering s. 498.009, F.S., relating to

3432

the location of the division's offices; transferring,

3433

amending, and renumbering s. 498.011, F.S., relating to

3434

payment of per diem, mileage, and other expenses for

3435

division employees; providing for reimbursement of

3436

expenses for on-site review; deleting the expense

3437

reimbursement for inspection of subdivided lands;

3438

transferring and renumbering s. 498.013, F.S., relating to

3439

the authentication of certain records; transferring,

3440

amending, and renumbering s. 498.057, F.S., relating to

3441

service of process; deleting a provision providing that

3442

service may be made by delivering a copy of the process to

3443

the division director; providing that the division may be

3444

the petitioner or the plaintiff; repealing ss. 498.001,

3445

498.003, 498.005, 498.007, 498.017, 498.019, 498.021,

3446

498.022, 498.023, 498.024, 498.025, 498.027, 498.028,

3447

498.029, 498.031, 498.033, 498.035, 498.037, 498.039,

3448

498.041, 498.047, 498.049, 498.051, 498.053, 498.059,

3449

498.061, and 498.063, F.S., relating to regulation of land

3450

sales practices; amending s. 548.0065, F.S.; including

3451

amateur mixed martial arts in a provision relating to the

3452

authority of the Florida State Boxing Commission to

3453

suspend amateur matches for violation of certain health

3454

and safety standards; amending s. 548.008, F.S.; removing

3455

the prohibition against holding amateur mixed martial arts

3456

matches in this state; amending s. 548.041, F.S.;

3457

providing additional licensure requirements for boxing

3458

participants; amending s. 718.501, F.S.; providing

3459

additional powers and duties of the division; providing

3460

for additional enforcement proceedings for carrying out

3461

the purposes of certain provisions of state law; removing

3462

a provision providing that the payment of money by a

3463

developer to a condominium association constitutes a

3464

permissible affirmative action; providing for actions of

3465

conservator or receiver; providing for application to

3466

circuit court for an order of restitution; providing for

3467

imposition of civil penalties and award of court costs,

3468

attorney's fees, and costs of investigation under certain

3469

circumstances; providing requirements and guidelines for

3470

contracting for investigative services; providing for the

3471

acceptance of grants-in-aid; requiring that the division

3472

cooperate with similar agencies regarding the

3473

establishment of certain procedures, standards, and forms;

3474

providing circumstances under which the division shall

3475

consider notice to a developer to be complete; authorizing

3476

the division to issue a notice to show cause; conforming

3477

provisions to changes made by the act; amending s.

3478

718.509, F.S.; incorporating certain provisions of state

3479

law relating to the Division of Florida Condominiums,

3480

Timeshares, and Mobile Homes Trust Fund; revising

3481

provisions to conform to the change in name of the

3482

division; providing for the deposit of moneys resulting

3483

from an administrative final order; amending s. 721.03,

3484

F.S.; clarifying that timeshare plan includes a

3485

nonspecific multisite timeshare plan; amending ss. 73.073,

3486

190.009, 192.037, 213.053, 326.002, 326.006, 380.05,

3487

380.06, 380.0651, 381.0065, 455.116, 475.455, 494.008,

3488

509.512, 517.301, 559.935, 718.103, 718.105, 718.1255,

3489

718.5011, 718.502, 718.504, 718.508, 718.608, 719.103,

3490

719.1255, 719.501, 719.502, 719.504, 719.508, 719.608,

3491

720.301, 720.401, 721.05, 721.07, 721.08, 721.26, 721.28,

3492

721.301, 721.50, 723.003, 723.006, 723.009, and 723.0611,

3493

F.S., to conform to changes made by the act; providing an

3494

effective date.

3/24/2008  10:38:00 AM     11-05469A-08

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

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