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CS/CS/HB 453 — Timeshares

by Government Operations Appropriations Subcommittee; Civil Justice Subcommittee; and Rep. Eisnaugle (CS/SB 932 by Fiscal Policy Committee and Senator Stargel)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Regulated Industries Committee (RI)

The bill relates to the Florida Vacation Plan and Timesharing Act (act), which establishes requirements for the creation, sale, exchange, promotion, and operation of timeshare plans, including requirements for full and fair disclosure to purchasers. The act is enforced by the Division of Florida Land Sales, Condominiums, and Mobile Homes (division) within the Department of Business and Professional Regulation (department). The bill:

  • Provides that an ownership interest in a condominium or cooperative unit or a beneficial interest in a timeshare trust is required for such interests to qualify as timeshare estates;
  • Revises the definitions for nonspecific and specific multisite timeshare plans to provide that the plans may include interests other than timeshare licenses or personal property timeshare interests;
  • Revises the required disclosures for public offering statements in multisite timeshare plans and provides that the developer has the burden of proof with regard to compliance with those provisions;
  • Revises the requirements for amendments to timeshare instruments in regards to component sites;
  • Expands the limitation on liability for developers who, in good faith attempt to and substantially comply with, all the provisions of the act;
  • Requires the disclosure of lease terms in timeshare trusts;
  • Repeals the requirement for judicial approval of transactions involving timeshare trust property;
  • Creates a procedure for the extension or termination of timeshare plans;
  • Creates a procedure for the transfer of the reservation system and owner data when a managing entity is discharged;
  • Requires all multisite timeshare plans to disclose the term of each component site plan and prominently disclose the term of component sites which are shorter than the term of the plan;
  • Excludes component site common expenses and ad valorem expenses from the cap on annual increases in common expense assessments;
  • Allows for substitute and replacement accommodations that are better than the existing accommodations; and
  • Revises the notice requirements on substitute accommodations.

If approved by the Governor, these provisions take effect July 1, 2015.

Vote: Senate 38-0; House 87-22