Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 696
       
       
       
       
       
       
                                Barcode 974784                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Regulated Industries (Stargel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) of subsection (2) of section
    6  718.112, Florida Statutes, is amended to read:
    7         718.112 Bylaws.—
    8         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
    9  following and, if they do not do so, shall be deemed to include
   10  the following:
   11         (d) Unit owner meetings.—
   12         1. An annual meeting of the unit owners shall be held at
   13  the location provided in the association bylaws and, if the
   14  bylaws are silent as to the location, the meeting shall be held
   15  within 45 miles of the condominium property. However, such
   16  distance requirement does not apply to an association governing
   17  a timeshare condominium.
   18         2. Unless the bylaws provide otherwise, a vacancy on the
   19  board caused by the expiration of a director’s term shall be
   20  filled by electing a new board member, and the election must be
   21  by secret ballot. An election is not required if the number of
   22  vacancies equals or exceeds the number of candidates. For
   23  purposes of this paragraph, the term “candidate” means an
   24  eligible person who has timely submitted the written notice, as
   25  described in sub-subparagraph 4.a., of his or her intention to
   26  become a candidate. Except in a timeshare condominium, or if the
   27  staggered term of a board member does not expire until a later
   28  annual meeting, or if all members’ terms would otherwise expire
   29  but there are no candidates, the terms of all board members
   30  expire at the annual meeting, and such members may stand for
   31  reelection unless prohibited by the bylaws. If the bylaws permit
   32  staggered terms of no more than 2 years and upon approval of a
   33  majority of the total voting interests, the association board
   34  members may serve 2-year staggered terms. If the number of board
   35  members whose terms expire at the annual meeting equals or
   36  exceeds the number of candidates, the candidates become members
   37  of the board effective upon the adjournment of the annual
   38  meeting. Unless the bylaws provide otherwise, any remaining
   39  vacancies shall be filled by the affirmative vote of the
   40  majority of the directors making up the newly constituted board
   41  even if the directors constitute less than a quorum or there is
   42  only one director. In a condominium association of more than 10
   43  units or in a condominium association that does not include
   44  timeshare units or timeshare interests, coowners of a unit may
   45  not serve as members of the board of directors at the same time
   46  unless they own more than one unit or unless there are not
   47  enough eligible candidates to fill the vacancies on the board at
   48  the time of the vacancy. Any unit owner desiring to be a
   49  candidate for board membership must comply with sub-subparagraph
   50  4.a. and must be eligible to serve on the board of directors at
   51  the time of the deadline for submitting a notice of intent to
   52  run in order to have his or her name listed as a proper
   53  candidate on the ballot or to serve on the board. A person who
   54  has been suspended or removed by the division under this
   55  chapter, or who is delinquent in the payment of any fee, fine,
   56  or special or regular assessment as provided in paragraph (n),
   57  is not eligible for board membership. A person who has been
   58  convicted of any felony in this state or in a United States
   59  District or Territorial Court, or who has been convicted of any
   60  offense in another jurisdiction which would be considered a
   61  felony if committed in this state, is not eligible for board
   62  membership unless such felon’s civil rights have been restored
   63  for at least 5 years as of the date such person seeks election
   64  to the board. The validity of an action by the board is not
   65  affected if it is later determined that a board member is
   66  ineligible for board membership due to having been convicted of
   67  a felony.
   68         3. The bylaws must provide the method of calling meetings
   69  of unit owners, including annual meetings. Written notice must
   70  include an agenda, must be mailed, hand delivered, or
   71  electronically transmitted to each unit owner at least 14 days
   72  before the annual meeting, and must be posted in a conspicuous
   73  place on the condominium property at least 14 continuous days
   74  before the annual meeting. Upon notice to the unit owners, the
   75  board shall, by duly adopted rule, designate a specific location
   76  on the condominium property or association property where all
   77  notices of unit owner meetings shall be posted. This requirement
   78  does not apply if there is no condominium property or
   79  association property for posting notices. In lieu of, or in
   80  addition to, the physical posting of meeting notices, the
   81  association may, by reasonable rule, adopt a procedure for
   82  conspicuously posting and repeatedly broadcasting the notice and
   83  the agenda on a closed-circuit cable television system serving
   84  the condominium association. However, if broadcast notice is
   85  used, the notice and agenda must be broadcast at least four
   86  times every broadcast hour of each day that a posted notice is
   87  otherwise required under this section. If broadcast notice is
   88  provided, the notice and agenda must be broadcast in a manner
   89  and for a sufficient continuous length of time so as to allow an
   90  average reader to observe the notice and read and comprehend the
   91  entire content of the notice and the agenda. Unless a unit owner
   92  waives in writing the right to receive notice of the annual
   93  meeting, such notice must be hand delivered, mailed, or
   94  electronically transmitted to each unit owner. Notice for
   95  meetings and notice for all other purposes must be mailed to
   96  each unit owner at the address last furnished to the association
   97  by the unit owner, or hand delivered to each unit owner.
   98  However, if a unit is owned by more than one person, the
   99  association must provide notice to the address that the
  100  developer identifies for that purpose and thereafter as one or
  101  more of the owners of the unit advise the association in
  102  writing, or if no address is given or the owners of the unit do
  103  not agree, to the address provided on the deed of record. An
  104  officer of the association, or the manager or other person
  105  providing notice of the association meeting, must provide an
  106  affidavit or United States Postal Service certificate of
  107  mailing, to be included in the official records of the
  108  association affirming that the notice was mailed or hand
  109  delivered in accordance with this provision.
  110         4. The members of the board shall be elected by written
  111  ballot or voting machine. Proxies may not be used in electing
  112  the board in general elections or elections to fill vacancies
  113  caused by recall, resignation, or otherwise, unless otherwise
  114  provided in this chapter. This subparagraph does not apply to an
  115  association governing a timeshare condominium.
  116         a. At least 60 days before a scheduled election, the
  117  association shall mail, deliver, or electronically transmit, by
  118  separate association mailing or included in another association
  119  mailing, delivery, or transmission, including regularly
  120  published newsletters, to each unit owner entitled to a vote, a
  121  first notice of the date of the election. Any unit owner or
  122  other eligible person desiring to be a candidate for the board
  123  must give written notice of his or her intent to be a candidate
  124  to the association at least 40 days before a scheduled election.
  125  Together with the written notice and agenda as set forth in
  126  subparagraph 3., the association shall mail, deliver, or
  127  electronically transmit a second notice of the election to all
  128  unit owners entitled to vote, together with a ballot that lists
  129  all candidates. Upon request of a candidate, an information
  130  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  131  furnished by the candidate at least 35 days before the election,
  132  must be included with the mailing, delivery, or transmission of
  133  the ballot, with the costs of mailing, delivery, or electronic
  134  transmission and copying to be borne by the association. The
  135  association is not liable for the contents of the information
  136  sheets prepared by the candidates. In order to reduce costs, the
  137  association may print or duplicate the information sheets on
  138  both sides of the paper. The division shall by rule establish
  139  voting procedures consistent with this sub-subparagraph,
  140  including rules establishing procedures for giving notice by
  141  electronic transmission and rules providing for the secrecy of
  142  ballots. Elections shall be decided by a plurality of ballots
  143  cast. There is no quorum requirement; however, at least 20
  144  percent of the eligible voters must cast a ballot in order to
  145  have a valid election. A unit owner may not permit any other
  146  person to vote his or her ballot, and any ballots improperly
  147  cast are invalid. A unit owner who violates this provision may
  148  be fined by the association in accordance with s. 718.303. A
  149  unit owner who needs assistance in casting the ballot for the
  150  reasons stated in s. 101.051 may obtain such assistance. The
  151  regular election must occur on the date of the annual meeting.
  152  Notwithstanding this sub-subparagraph, an election is not
  153  required unless more candidates file notices of intent to run or
  154  are nominated than board vacancies exist.
  155         b. Within 90 days after being elected or appointed to the
  156  board, each newly elected or appointed director shall certify in
  157  writing to the secretary of the association that he or she has
  158  read the association’s declaration of condominium, articles of
  159  incorporation, bylaws, and current written policies; that he or
  160  she will work to uphold such documents and policies to the best
  161  of his or her ability; and that he or she will faithfully
  162  discharge his or her fiduciary responsibility to the
  163  association’s members. In lieu of this written certification,
  164  within 90 days after being elected or appointed to the board,
  165  the newly elected or appointed director may submit a certificate
  166  of having satisfactorily completed the educational curriculum
  167  administered by a division-approved condominium education
  168  provider within 1 year before or 90 days after the date of
  169  election or appointment. The written certification or
  170  educational certificate is valid and does not have to be
  171  resubmitted as long as the director serves on the board without
  172  interruption. A director who fails to timely file the written
  173  certification or educational certificate is suspended from
  174  service on the board until he or she complies with this sub
  175  subparagraph. The board may temporarily fill the vacancy during
  176  the period of suspension. The secretary shall cause the
  177  association to retain a director’s written certification or
  178  educational certificate for inspection by the members for 5
  179  years after a director’s election. Failure to have such written
  180  certification or educational certificate on file does not affect
  181  the validity of any board action.
  182         5. Any approval by unit owners called for by this chapter
  183  or the applicable declaration or bylaws, including, but not
  184  limited to, the approval requirement in s. 718.111(8), must be
  185  made at a duly noticed meeting of unit owners and is subject to
  186  all requirements of this chapter or the applicable condominium
  187  documents relating to unit owner decisionmaking, except that
  188  unit owners may take action by written agreement, without
  189  meetings, on matters for which action by written agreement
  190  without meetings is expressly allowed by the applicable bylaws
  191  or declaration or any law that provides for such action.
  192         6. Unit owners may waive notice of specific meetings if
  193  allowed by the applicable bylaws or declaration or any law. If
  194  authorized by the bylaws, notice of meetings of the board of
  195  administration, unit owner meetings, except unit owner meetings
  196  called to recall board members under paragraph (j), and
  197  committee meetings may be given by electronic transmission to
  198  unit owners who consent to receive notice by electronic
  199  transmission.
  200         7. Unit owners have the right to participate in meetings of
  201  unit owners with reference to all designated agenda items.
  202  However, the association may adopt reasonable rules governing
  203  the frequency, duration, and manner of unit owner participation.
  204         8. A unit owner may tape record or videotape a meeting of
  205  the unit owners subject to reasonable rules adopted by the
  206  division.
  207         9. Unless otherwise provided in the bylaws, any vacancy
  208  occurring on the board before the expiration of a term may be
  209  filled by the affirmative vote of the majority of the remaining
  210  directors, even if the remaining directors constitute less than
  211  a quorum, or by the sole remaining director. In the alternative,
  212  a board may hold an election to fill the vacancy, in which case
  213  the election procedures must conform to sub-subparagraph 4.a.
  214  unless the association governs 10 units or fewer and has opted
  215  out of the statutory election process, in which case the bylaws
  216  of the association control. Unless otherwise provided in the
  217  bylaws, a board member appointed or elected under this section
  218  shall fill the vacancy for the unexpired term of the seat being
  219  filled. Filling vacancies created by recall is governed by
  220  paragraph (j) and rules adopted by the division.
  221         10. This chapter does not limit the use of general or
  222  limited proxies, require the use of general or limited proxies,
  223  or require the use of a written ballot or voting machine for any
  224  agenda item or election at any meeting of a timeshare
  225  condominium association.
  226  
  227         Notwithstanding subparagraph (b)2. and sub-subparagraph
  228  4.a., an association of 10 or fewer units may, by affirmative
  229  vote of a majority of the total voting interests, provide for
  230  different voting and election procedures in its bylaws, which
  231  may be by a proxy specifically delineating the different voting
  232  and election procedures. The different voting and election
  233  procedures may provide for elections to be conducted by limited
  234  or general proxy.
  235         Section 2. Subsection (34) of section 721.05, Florida
  236  Statutes, is amended to read:
  237         721.05 Definitions.—As used in this chapter, the term:
  238         (34) “Timeshare estate” means a right to occupy a timeshare
  239  unit, coupled with a freehold estate or an estate for years with
  240  a future interest in a timeshare property or a specified portion
  241  thereof. The term includes shall also mean an interest in a
  242  condominium unit pursuant to s. 718.103, an interest in a
  243  cooperative unit pursuant to s. 719.103, or a direct or indirect
  244  an interest in a trust that complies in all respects with the
  245  provisions of s. 721.08(2)(c)4., provided that the trust does
  246  not contain any personal property timeshare interests. A
  247  timeshare estate is a parcel of real property under the laws of
  248  this state.
  249         Section 3. Paragraph (t) of subsection (5) of section
  250  721.07, Florida Statutes, is amended to read:
  251         721.07 Public offering statement.—Prior to offering any
  252  timeshare plan, the developer must submit a filed public
  253  offering statement to the division for approval as prescribed by
  254  s. 721.03, s. 721.55, or this section. Until the division
  255  approves such filing, any contract regarding the sale of that
  256  timeshare plan is subject to cancellation by the purchaser
  257  pursuant to s. 721.10.
  258         (5) Every filed public offering statement for a timeshare
  259  plan which is not a multisite timeshare plan shall contain the
  260  information required by this subsection. The division is
  261  authorized to provide by rule the method by which a developer
  262  must provide such information to the division.
  263         (t) An estimated operating budget for the timeshare plan
  264  and a schedule of the purchaser’s expenses shall be attached as
  265  an exhibit and shall contain the following information:
  266         1. The estimated annual expenses of the timeshare plan
  267  collectible from purchasers by assessments. The estimated
  268  payments by the purchaser for assessments shall also be stated
  269  in the estimated amounts for the times when they will be due.
  270  Expenses shall also be shown for the shortest timeshare period
  271  offered for sale by the developer. If the timeshare plan
  272  provides for the offer and sale of units to be used on a
  273  nontimeshare basis, the estimated monthly and annual expenses of
  274  such units shall be set forth in a separate schedule.
  275         2. The estimated weekly, monthly, and annual expenses of
  276  the purchaser of each timeshare interest, other than assessments
  277  payable to the managing entity. Expenses which are personal to
  278  purchasers that are not uniformly incurred by all purchasers or
  279  that are not provided for or contemplated by the timeshare plan
  280  documents may be excluded from this estimate.
  281         3. The estimated items of expenses of the timeshare plan
  282  and the managing entity, except as excluded under subparagraph
  283  2., including, but not limited to, if applicable, the following
  284  items, which shall be stated either as management expenses
  285  collectible by assessments or as expenses of the purchaser
  286  payable to persons other than the managing entity:
  287         a. Expenses for the managing entity:
  288         (I) Administration of the managing entity.
  289         (II) Management fees.
  290         (III) Maintenance.
  291         (IV) Rent for facilities.
  292         (V) Taxes upon timeshare property.
  293         (VI) Taxes upon leased areas.
  294         (VII) Insurance.
  295         (VIII) Security provisions.
  296         (IX) Other expenses.
  297         (X) Operating capital.
  298         (XI) Reserves for deferred maintenance and reserves for
  299  capital expenditures, including:
  300         (A) Reserves for deferred maintenance or capital
  301  expenditures of accommodations and facilities of a real property
  302  timeshare plan, if any. All reserves for any accommodations and
  303  facilities of real property timeshare plans located in this
  304  state shall be calculated using by a formula which is based upon
  305  estimated life and replacement cost of each reserve item that
  306  will provide funds equal to the total estimated deferred
  307  maintenance expense or total estimated life and replacement cost
  308  for an asset or group of assets over the remaining useful life
  309  of the asset or group of assets. Funding formulas for reserves
  310  shall be based on either a separate analysis of each of the
  311  required assets using the straight-line accounting method or a
  312  pooled analysis of two or more of the required assets using the
  313  pooling accounting method. Reserves for deferred maintenance for
  314  such accommodations and facilities shall include accounts for
  315  roof replacement, building painting, pavement resurfacing,
  316  replacement of timeshare unit furnishings and equipment, and any
  317  other component, the useful life of which is less than the
  318  useful life of the overall structure. For any accommodations and
  319  facilities of real property timeshare plans located outside of
  320  this state, the developer shall disclose the amount of reserves
  321  for deferred maintenance or capital expenditures required by the
  322  law of the situs state, if applicable, and maintained for such
  323  accommodations and facilities.
  324         (B) Reserves for deferred maintenance or capital
  325  expenditures of accommodations and facilities of a personal
  326  property timeshare plan, if any. If such reserves are
  327  maintained, the estimated operating budget shall disclose the
  328  methodology of how the reserves are calculated. If a personal
  329  property timeshare plan does not require reserves, the following
  330  statement, in conspicuous type, shall appear in both the budget
  331  and the public offering statement:
  332         The estimated operating budget for this personal property
  333  timeshare plan does not include reserves for deferred
  334  maintenance or capital expenditures; each timeshare interest may
  335  be subject to substantial special assessments from time to time
  336  because no such reserves exist.
  337         (XII) Fees payable to the division.
  338         b. Expenses for a purchaser:
  339         (I) Rent for the timeshare unit, if subject to a lease.
  340         (II) Rent payable by the purchaser directly to the lessor
  341  or agent under any lease for the use of facilities, which use
  342  and payment is a mandatory condition of ownership and is not
  343  included in the common expenses or assessments for common
  344  maintenance paid by the purchasers to the managing entity.
  345         4. The estimated amounts shall be stated for a period of at
  346  least 12 months and may distinguish between the period before
  347  prior to the time that purchasers elect a majority of the board
  348  of administration and the period after that date.
  349         5. If the developer intends to guarantee the level of
  350  assessments, such guarantee must be based upon a good faith
  351  estimate of the revenues and expenses of the timeshare plan. The
  352  guarantee must include a description of the following:
  353         a. The specific time period measured in one or more
  354  calendar or fiscal years during which the guarantee will be in
  355  effect.
  356         b. A statement that the developer will pay all common
  357  expenses incurred in excess of the total revenues of the
  358  timeshare plan pursuant to s. 721.15(2) if the developer has
  359  excused himself or herself from the payment of assessments
  360  during the guarantee period.
  361         c. The level, expressed in total dollars, at which the
  362  developer guarantees the budget. If the developer has reserved
  363  the right to extend or increase the guarantee level pursuant to
  364  s. 721.15(2), a disclosure must be included to that effect.
  365         6. If the developer intends to provide a trust fund to
  366  defer or reduce the payment of annual assessments, a copy of the
  367  trust instrument shall be attached as an exhibit and shall
  368  include a description of such arrangement, including, but not
  369  limited to:
  370         a. The specific amount of such trust funds and the source
  371  of the funds.
  372         b. The name and address of the trustee.
  373         c. The investment methods permitted by the trust agreement.
  374         d. A statement in conspicuous type that the funds from the
  375  trust account may not cover all assessments and that there is no
  376  guarantee that purchasers will not have to pay assessments in
  377  the future.
  378         7. The budget of a phase timeshare plan may contain a note
  379  identifying the number of timeshare interests covered by the
  380  budget, indicating the number of timeshare interests, if any,
  381  estimated to be declared as part of the timeshare plan during
  382  that calendar year, and projecting the common expenses for the
  383  timeshare plan based upon the number of timeshare interests
  384  estimated to be declared as part of the timeshare plan during
  385  that calendar year.
  386         Section 4. Subsections (9) and (11) of section 721.82,
  387  Florida Statutes, are amended to read:
  388         721.82 Definitions.—As used in this part, the term:
  389         (9) “Notice address” means:
  390         (a) As to an assessment lien, the address of the owner of a
  391  timeshare interest as reflected by the books and records of the
  392  timeshare plan under ss. 721.13(4) and 721.15(7).
  393         (b) As to a mortgage lien:
  394         1. The address of the mortgagor as set forth in the
  395  mortgage, the promissory note or a separate document executed by
  396  the mortgagor at the time the mortgage lien was created, or the
  397  most current address of the mortgagor according to the records
  398  of the mortgagee; and
  399         2. If the owner of the timeshare interest is different from
  400  the mortgagor, the address of the owner of the timeshare
  401  interest as reflected by the books and records of the mortgagee.
  402         (c) As to a junior interestholder, the address as set forth
  403  in the recorded instrument creating the junior lien or interest,
  404  or in any recorded amendment thereto changing the address, or in
  405  any written notification by the junior interestholder to the
  406  foreclosing lienholder changing the address.
  407         (d) As to an owner of a timeshare interest, mortgagor, or
  408  junior interestholder whose current address is not the address
  409  as determined by paragraph (a), paragraph (b), or paragraph (c),
  410  such address as is known to be the current address.
  411         (11) “Permitted delivery service” means any nationally
  412  recognized common carrier delivery service, or international
  413  airmail service that allows for return receipt service, or a
  414  service recognized by an international jurisdiction as the
  415  equivalent of certified, registered mail for that jurisdiction.
  416         Section 5. Subsection (6) of section 721.84, Florida
  417  Statutes, is amended to read:
  418         721.84 Appointment of a registered agent; duties.—
  419         (6) Unless otherwise provided in this section, a registered
  420  agent in receipt of any notice or other document addressed from
  421  the lienholder to the obligor in care of the registered agent at
  422  the registered office must mail, by first-class first class mail
  423  if the obligor’s address is within the United States, and by
  424  international air mail if the obligor’s address is outside the
  425  United States, with postage fees prepaid, such notice or
  426  documents to the obligor at the obligor’s last designated
  427  address within 5 days after receipt.
  428         Section 6. Paragraph (c) of subsection (2), subsections (4)
  429  and (5), paragraph (c) of subsection (6), paragraph (b) of
  430  subsection (7), and paragraph (b) of subsection (14) of section
  431  721.855, Florida Statutes, are amended to read:
  432         721.855 Procedure for the trustee foreclosure of assessment
  433  liens.—The provisions of this section establish a trustee
  434  foreclosure procedure for assessment liens.
  435         (2) INITIATING THE USE OF A TRUSTEE FORECLOSURE PROCEDURE.—
  436         (c)1. In order to initiate a trustee foreclosure procedure
  437  against a timeshare interest, the lienholder shall deliver an
  438  affidavit to the trustee that identifies the obligor; the notice
  439  address of the obligor; the timeshare interest; the date that
  440  the notice of the intent to file a lien was given, if
  441  applicable; the official records book and page number where the
  442  claim of lien is recorded; and the name and notice address of
  443  any junior interestholder. The affidavit shall be accompanied by
  444  a title search of the timeshare interest identifying any junior
  445  interestholders of record, and the effective date of the title
  446  search must be a date that is within 60 calendar days before the
  447  date of the affidavit.
  448         2. The affidavit shall also state the facts that establish
  449  that the obligor has defaulted in the obligation to make a
  450  payment under a specified provision of the timeshare instrument
  451  or applicable law.
  452         3. The affidavit shall also specify the amounts secured by
  453  the lien as of the date of the affidavit and a per diem amount
  454  to account for further accrual of the amounts secured by the
  455  lien.
  456         4. The affidavit shall also state that the assessment lien
  457  was properly created and authorized pursuant to the timeshare
  458  instrument and applicable law.
  459         (4) CONDITIONS TO TRUSTEE’S EXERCISE OF POWER OF SALE.—A
  460  trustee may sell an encumbered timeshare interest foreclosed
  461  under this section if:
  462         (a) The trustee has received the affidavit from the
  463  lienholder under paragraph (2)(c);
  464         (b) The trustee has not received a written objection to the
  465  use of the trustee foreclosure procedure under paragraph (3)(a)
  466  and the timeshare interest was not redeemed under paragraph
  467  (3)(b);
  468         (c) There is no lis pendens recorded and pending against
  469  the same timeshare interest before the recording of the notice
  470  of lis pendens pursuant to paragraph (5)(h), and the trustee has
  471  not been served notice of the filing of any action to enjoin the
  472  trustee foreclosure sale;
  473         (d) The trustee has provided written notice of default and
  474  intent to foreclose as required under subsection (5) and a
  475  period of at least 30 calendar days has elapsed after such
  476  notice is deemed perfected under subsection (5); and
  477         (e) The notice of sale required under subsection (6) has
  478  been recorded in the official records of the county or counties
  479  in which the timeshare interest is located; and
  480         (f) The lienholder has provided the trustee with a title
  481  search of the timeshare interest identifying any junior
  482  interestholders of record, the effective date of which search
  483  must be within 60 calendar days before the date it is delivered
  484  to the trustee. If a title search reveals that incorrect
  485  obligors or junior interestholders have been served or
  486  additional obligors or junior interestholders have not been
  487  served, the foreclosure action may not proceed until the notices
  488  required pursuant to this section have been served on the
  489  correct or additional obligors or junior interestholders and all
  490  applicable time periods have expired.
  491         (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
  492         (a) In any foreclosure proceeding under this section, the
  493  trustee is required to notify the obligor of the proceeding by
  494  sending the obligor a written notice of default and intent to
  495  foreclose to the notice address of the obligor by certified
  496  mail, registered mail, or permitted delivery service, return
  497  receipt requested, and by first-class mail or permitted delivery
  498  service, postage prepaid, as follows:
  499         1. The notice of default and intent to foreclose shall
  500  identify the obligor, the notice address of the obligor, the
  501  legal description of the timeshare interest, the nature of the
  502  default, the amounts secured by the lien, and a per diem amount
  503  to account for further accrual of the amounts secured by the
  504  lien and shall state the method by which the obligor may cure
  505  the default, including the period of time after the date of the
  506  notice of default and intent to foreclose within which the
  507  obligor may cure the default.
  508         2. The notice of default and intent to foreclose shall
  509  include an objection form with which the obligor can object to
  510  the use of the trustee foreclosure procedure by signing and
  511  returning the objection form to the trustee. The objection form
  512  shall identify the obligor, the notice address of the obligor,
  513  the timeshare interest, and the return address of the trustee
  514  and shall state: “The undersigned obligor exercises the
  515  obligor’s right to object to the use of the trustee foreclosure
  516  procedure contained in section 721.855, Florida Statutes.”
  517         3. The notice of default and intent to foreclose shall also
  518  contain a statement in substantially the following form:
  519         If you fail to cure the default as set forth in this notice
  520  or take other appropriate action with regard to this foreclosure
  521  matter, you risk losing ownership of your timeshare interest
  522  through the trustee foreclosure procedure established in section
  523  721.855, Florida Statutes. You may choose to sign and send to
  524  the trustee the enclosed objection form, exercising your right
  525  to object to the use of the trustee foreclosure procedure. Upon
  526  the trustee’s receipt of your signed objection form, the
  527  foreclosure of the lien with respect to the default specified in
  528  this notice shall be subject to the judicial foreclosure
  529  procedure only. You have the right to cure your default in the
  530  manner set forth in this notice at any time before the trustee’s
  531  sale of your timeshare interest. If you do not object to the use
  532  of the trustee foreclosure procedure, you will not be subject to
  533  a deficiency judgment even if the proceeds from the sale of your
  534  timeshare interest are insufficient to offset the amounts
  535  secured by the lien.
  536         4. The trustee shall also mail a copy of the notice of
  537  default and intent to foreclose, without the objection form, to
  538  the notice address of any junior interestholder by certified
  539  mail, registered mail, or permitted delivery service, return
  540  receipt requested, and by first-class mail or permitted delivery
  541  service, postage prepaid.
  542         5. Notice under this paragraph is considered perfected upon
  543  the trustee receiving the return receipt bearing the signature
  544  of the obligor or junior interestholder, as applicable, within
  545  30 calendar days after the trustee sent the notice under this
  546  paragraph. Notice under this paragraph is not perfected if:
  547         a. The notice is returned as undeliverable within 30
  548  calendar days after the trustee sent the notice;, if
  549         b. The trustee cannot, in good faith, ascertain from the
  550  receipt that the obligor or junior interestholder, as
  551  applicable, is the person who signed the receipt because all or
  552  a portion of the obligor’s or junior interestholder’s name is
  553  not on the signed receipt or because the trustee cannot
  554  otherwise determine that the obligor or junior interestholder
  555  signed the receipt;, or
  556         c.if The receipt from the obligor or junior
  557  interestholder, as applicable, is returned or refused within 30
  558  calendar days after the trustee sent the notice.
  559         (b) If the notice required by paragraph (a) is returned as
  560  undeliverable within 30 calendar days after the trustee sent the
  561  notice, the trustee shall perform a diligent search and inquiry
  562  to obtain a different address for the obligor or junior
  563  interestholder. For purposes of this paragraph, any address
  564  known and used by the lienholder for sending regular mailings or
  565  other communications from the lienholder to the obligor or
  566  junior interestholder, as applicable, shall be included with
  567  other addresses produced from the diligent search and inquiry,
  568  if any.
  569         1. If the trustee’s diligent search and inquiry produces an
  570  address different from the notice address, the trustee shall
  571  mail a copy of the notice by certified mail, registered mail, or
  572  permitted delivery service, return receipt requested, and by
  573  first-class mail or permitted delivery service, postage prepaid,
  574  to the new address. Notice under this subparagraph is considered
  575  perfected upon the trustee receiving the return receipt bearing
  576  the signature of the obligor or junior interestholder, as
  577  applicable, within 30 calendar days after the trustee sent the
  578  notice under this subparagraph. Notice under this subparagraph
  579  is not perfected if the receipt from the obligor or junior
  580  interestholder, as applicable, is refused, returned, or the
  581  trustee cannot, in good faith, ascertain from the receipt that
  582  the obligor or junior interestholder, as applicable, is the
  583  person who signed the receipt because all or a portion of the
  584  obligor’s or junior interestholder’s name is not on the signed
  585  receipt or because the trustee cannot otherwise determine that
  586  the obligor or junior interestholder signed the receipt or the
  587  receipt from the obligor or junior interestholder, as
  588  applicable, is returned refused. If the trustee does not perfect
  589  notice under this subparagraph, the trustee shall perfect
  590  service in the manner set forth in paragraph (c).
  591         2. If the trustee’s diligent search and inquiry does not
  592  locate a different address for the obligor or junior
  593  interestholder, as applicable, the trustee may perfect notice
  594  against that person under paragraph (c).
  595         (c) If the notice is not perfected under subparagraph
  596  (a)5., and such notice was not returned as undeliverable, or if
  597  the notice was not perfected under subparagraph (b)1., the
  598  trustee may perfect notice by publication in a newspaper of
  599  general circulation in the county or counties in which the
  600  timeshare interest is located. The notice shall appear at least
  601  once a week for 2 consecutive weeks. The notice of default and
  602  intent to foreclose perfected by publication shall identify the
  603  obligor, the notice address of the obligor, the legal
  604  description of the timeshare interest, the nature of the action
  605  in short and simple terms, the name and contact information of
  606  the trustee, and the period of time after the date of the notice
  607  of default and intent to foreclose within which the obligor may
  608  cure the default. The trustee may group an unlimited number of
  609  notices in the same publication, if all of the notices pertain
  610  to the same timeshare plan. Notice under this paragraph is
  611  considered perfected upon publication as required in this
  612  paragraph.
  613         (d) If notice is perfected under subparagraph (a)5., the
  614  trustee shall execute an affidavit in recordable form setting
  615  forth the manner in which notice was perfected and attach the
  616  affidavit to the certificate of compliance set forth in
  617  subsection (9). The affidavit shall state the nature of the
  618  notice, the date on which the notice was mailed, the name and
  619  address on the envelope containing the notice, the manner in
  620  which the notice was mailed, and the basis for that knowledge.
  621         (e) If notice is perfected under subparagraph (b)1., the
  622  trustee shall execute an affidavit in recordable form setting
  623  forth the manner in which notice was perfected and attach the
  624  affidavit to the certificate of compliance set forth in
  625  subsection (9). The affidavit shall state the nature of the
  626  notice, the dates on which the notice was mailed, the name and
  627  addresses on the envelopes containing the notice, the manner in
  628  which the notices were mailed, and the fact that a signed
  629  receipt from the certified mail, registered mail, or permitted
  630  delivery service was timely received, and the name and address
  631  on the envelopes containing the notice.
  632         (f) If notice is perfected by publication under paragraph
  633  (c), the trustee shall execute an affidavit in recordable form
  634  setting forth the manner in which notice was perfected and
  635  attach the affidavit to the certificate of compliance set forth
  636  in subsection (9). The affidavit shall include all the
  637  information contained in either paragraph (d) or paragraph (e),
  638  as applicable, shall state that the notice was perfected by
  639  publication and shall state that after diligent search and
  640  inquiry was made for the current address for the person, if
  641  paragraph (b) applies. The affidavit and shall also include a
  642  statement that notice was perfected by publication, and shall
  643  set forth the information required, as applicable, by s. 49.041
  644  in the case of a natural person or s. 49.051 in the case of a
  645  corporation, whichever is applicable. No other action of the
  646  trustee is necessary to perfect notice.
  647         (g) Notice under paragraph (a) or paragraph (b) is
  648  perfected as to all obligors who have the same address if notice
  649  is perfected as to at least one obligor at that address pursuant
  650  to the provisions of this subsection.
  651         (h) The initiation of a trustee foreclosure action operates
  652  as a lis pendens on the timeshare interest pursuant to s. 48.23
  653  if a notice of lis pendens is recorded in the official records
  654  of the county in which the deed conveying the timeshare interest
  655  to the obligor was recorded and such notice has not expired
  656  pursuant to s. 48.23(2) or been withdrawn or discharged. The
  657  notice of lis pendens must contain the following:
  658         1. The name of the obligor.
  659         2. The date of the initiation of the trustee foreclosure
  660  action, which date shall be the date of the sending of the
  661  notice of default and intent to foreclose to the obligor.
  662         3. The name and contact information of the trustee.
  663         4. The legal description of the timeshare interest.
  664         5. A statement that a trustee foreclosure action has been
  665  initiated against the timeshare interest pursuant to this
  666  section.
  667         (6) NOTICE OF SALE.—
  668         (c) After the date of recording of the notice of sale,
  669  notice is not required to be given to any person claiming an
  670  interest in the timeshare interest except as provided in this
  671  section. If a notice of lis pendens has not previously been
  672  recorded pursuant to paragraph (5)(h), the recording of the
  673  notice of sale has the same force and effect as the filing of a
  674  lis pendens in a judicial proceeding under s. 48.23.
  675         (7) MANNER OF SALE.—
  676         (b) The trustee shall conduct the sale and act as the
  677  auctioneer. The trustee may use a third party to conduct the
  678  sale on behalf of the trustee and the trustee is liable for the
  679  conduct of the sale and the actions of the third party with
  680  respect to the conduct of the sale.
  681         (14) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
  682  PROCEDURE.—
  683         (b) Any trustee who intentionally violates the provisions
  684  of this section concerning the trustee foreclosure procedure
  685  commits a felony of the third degree, punishable as provided in
  686  s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
  687  ascertains that the obligor signed the return receipt as
  688  required in s. 721.855(5) does not violate this section if the
  689  trustee made a good faith effort to properly ascertain that the
  690  obligor signed the return receipt in accordance with subsection
  691  (5).
  692         Section 7. Paragraph (b) of subsection (2), subsections (4)
  693  and (5), paragraphs (c) and (d) of subsection (6), paragraph (b)
  694  of subsection (7), and paragraph (b) of subsection (13) of
  695  section 721.856, Florida Statutes, are amended to read:
  696         721.856 Procedure for the trustee foreclosure of mortgage
  697  liens.—The provisions of this section establish a trustee
  698  foreclosure procedure for mortgage liens.
  699         (2) INITIATING THE TRUSTEE FORECLOSURE OF MORTGAGE LIENS.—
  700         (b)1. In order to initiate a trustee foreclosure procedure
  701  against a timeshare interest, the lienholder shall deliver an
  702  affidavit to the trustee that identifies the obligor, the notice
  703  address of the obligor, the timeshare interest, the official
  704  records book and page number where the mortgage is recorded, and
  705  the name and notice address of any junior interestholder. The
  706  affidavit shall be accompanied by a title search of the
  707  timeshare interest identifying any junior interestholders of
  708  record, and the effective date of the title search must be a
  709  date that is within 60 calendar days before the date of the
  710  affidavit.
  711         2. The affidavit shall also state the facts that establish
  712  that the obligor has defaulted in the obligation to make a
  713  payment under a specified provision of the mortgage or is
  714  otherwise deemed in uncured default under a specified provision
  715  of the mortgage.
  716         3. The affidavit shall also specify the amounts secured by
  717  the lien as of the date of the affidavit and a per diem amount
  718  to account for further accrual of the amounts secured by the
  719  lien.
  720         4. The affidavit shall also state that the appropriate
  721  amount of documentary stamp tax and intangible taxes has been
  722  paid upon recording of the mortgage, or otherwise paid to the
  723  state.
  724         5. The affidavit shall also state that the lienholder is
  725  the holder of the note and has complied with all preconditions
  726  in the note and mortgage to determine the amounts secured by the
  727  lien and to initiate the use of the trustee foreclosure
  728  procedure.
  729         (4) CONDITIONS TO TRUSTEE’S EXERCISE OF POWER OF SALE.—A
  730  trustee may sell an encumbered timeshare interest foreclosed
  731  under this section if:
  732         (a) The trustee has received the affidavit from the
  733  lienholder under paragraph (2)(b);
  734         (b) The trustee has not received a written objection to the
  735  use of the trustee foreclosure procedure under paragraph (3)(a)
  736  and the timeshare interest was not redeemed under paragraph
  737  (3)(b);
  738         (c) There is no lis pendens recorded and pending against
  739  the same timeshare interest before the initiation of the trustee
  740  foreclosure action and provided a notice of lis pendens has been
  741  recorded pursuant to paragraph (5)(h), and the trustee has not
  742  been served notice of the filing of any action to enjoin the
  743  trustee foreclosure sale;
  744         (d) The trustee is in possession of the original promissory
  745  note executed by the mortgagor and secured by the mortgage lien;
  746         (e) The trustee has provided written notice of default and
  747  intent to foreclose as required under subsection (5) and a
  748  period of at least 30 calendar days has elapsed after such
  749  notice is deemed perfected under subsection (5); and
  750         (f) The notice of sale required under subsection (6) has
  751  been recorded in the official records of the county in which the
  752  mortgage was recorded; and
  753         (g) The lienholder has provided the trustee with a title
  754  search of the timeshare interest identifying any junior
  755  interestholders of record, the effective date of which search
  756  must be within 60 calendar days before the date it is delivered
  757  to the trustee. If a title search reveals that incorrect
  758  obligors or junior interestholders have been served or
  759  additional obligors or junior interestholders have not been
  760  served, the foreclosure action may not proceed until the notices
  761  required pursuant to this section have been served on the
  762  correct or additional obligors or junior interestholders and all
  763  applicable time periods have expired.
  764         (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
  765         (a) In any foreclosure proceeding under this section, the
  766  trustee is required to notify the obligor of the proceeding by
  767  sending the obligor a written notice of default and intent to
  768  foreclose to the notice address of the obligor by certified
  769  mail, registered mail, or permitted delivery service, return
  770  receipt requested, and by first-class mail or permitted delivery
  771  service, postage prepaid, as follows:
  772         1. The notice of default and intent to foreclose shall
  773  identify the obligor, the notice address of the obligor, the
  774  legal description of the timeshare interest, the nature of the
  775  default, the amounts secured by the lien, and a per diem amount
  776  to account for further accrual of the amounts secured by the
  777  lien and shall state the method by which the obligor may cure
  778  the default, including the period of time after the date of the
  779  notice of default and intent to foreclose within which the
  780  obligor may cure the default.
  781         2. The notice of default and intent to foreclose shall
  782  include an objection form with which the obligor can object to
  783  the use of the trustee foreclosure procedure by signing and
  784  returning the objection form to the trustee. The objection form
  785  shall identify the obligor, the notice address of the obligor,
  786  the timeshare interest, and the return address of the trustee
  787  and shall state: “The undersigned obligor exercises the
  788  obligor’s right to object to the use of the trustee foreclosure
  789  procedure contained in section 721.856, Florida Statutes.”
  790         3. The notice of default and intent to foreclose shall also
  791  contain a statement in substantially the following form:
  792         If you fail to cure the default as set forth in this notice
  793  or take other appropriate action with regard to this foreclosure
  794  matter, you risk losing ownership of your timeshare interest
  795  through the trustee foreclosure procedure established in section
  796  721.856, Florida Statutes. You may choose to sign and send to
  797  the trustee the enclosed objection form, exercising your right
  798  to object to the use of the trustee foreclosure procedure. Upon
  799  the trustee’s receipt of your signed objection form, the
  800  foreclosure of the lien with respect to the default specified in
  801  this notice shall be subject to the judicial foreclosure
  802  procedure only. You have the right to cure your default in the
  803  manner set forth in this notice at any time before the trustee’s
  804  sale of your timeshare interest. If you do not object to the use
  805  of the trustee foreclosure procedure, you will not be subject to
  806  a deficiency judgment even if the proceeds from the sale of your
  807  timeshare interest are insufficient to offset the amounts
  808  secured by the lien.
  809         4. The trustee shall also mail a copy of the notice of
  810  default and intent to foreclose, without the objection form, to
  811  the notice address of any junior interestholder by certified
  812  mail, registered mail, or permitted delivery service, return
  813  receipt requested, and by first-class mail or permitted delivery
  814  service, postage prepaid.
  815         5. Notice under this paragraph is considered perfected upon
  816  the trustee receiving the return receipt bearing the signature
  817  of the obligor or junior interestholder, as applicable, within
  818  30 calendar days after the trustee sent the notice under this
  819  paragraph. Notice under this paragraph is not perfected if:
  820         a. The notice is returned as undeliverable within 30
  821  calendar days after the trustee sent the notice;, if
  822         b. The trustee cannot, in good faith, ascertain from the
  823  receipt that the obligor or junior interestholder, as
  824  applicable, is the person who signed the receipt because all or
  825  a portion of the obligor’s or junior interestholder’s name is
  826  not on the signed receipt or the trustee cannot otherwise
  827  determine that the obligor or junior interestholder signed the
  828  receipt;, or
  829         c.if The receipt from the obligor or junior
  830  interestholder, as applicable, is returned or refused within 30
  831  calendar days after the trustee sent the notice.
  832         (b) If the notice required by paragraph (a) is returned as
  833  undeliverable within 30 calendar days after the trustee sent the
  834  notice, the trustee shall perform a diligent search and inquiry
  835  to obtain a different address for the obligor or junior
  836  interestholder. For purposes of this paragraph, any address
  837  known and used by the lienholder for sending regular mailings or
  838  other communications from the lienholder to the obligor or
  839  junior interestholder, as applicable, shall be included with
  840  other addresses produced from the diligent search and inquiry,
  841  if any.
  842         1. If the trustee’s diligent search and inquiry produces an
  843  address different from the notice address, the trustee shall
  844  mail a copy of the notice by certified mail, registered mail, or
  845  permitted delivery service, return receipt requested, and by
  846  first-class mail or permitted delivery service, postage prepaid,
  847  to the new address. Notice under this subparagraph is considered
  848  perfected upon the trustee receiving the return receipt bearing
  849  the signature of the obligor or junior interestholder, as
  850  applicable, within 30 calendar days after the trustee sent the
  851  notice under this subparagraph. Notice under this subparagraph
  852  is not perfected if the receipt from the obligor or junior
  853  interestholder is refused, returned, or the trustee cannot, in
  854  good faith, ascertain from the receipt that the obligor or
  855  junior interestholder, as applicable, is the person who signed
  856  the receipt because all or a portion of the obligor’s or junior
  857  interestholder’s name is not on the signed receipt or because
  858  the trustee cannot otherwise determine that the obligor or
  859  junior interestholder signed the receipt or the receipt from the
  860  obligor or junior interestholder, as applicable, is returned
  861  refused. If the trustee does not perfect notice under this
  862  subparagraph, the trustee shall perfect service in the manner
  863  set forth in paragraph (c).
  864         2. If the trustee’s diligent search and inquiry does not
  865  locate a different address for the obligor or junior
  866  interestholder, as applicable, the trustee may perfect notice
  867  against that person under paragraph (c).
  868         (c) If the notice is not perfected under subparagraph
  869  (a)5., and such notice was not returned as undeliverable, or if
  870  the notice was not perfected under subparagraph (b)1., the
  871  trustee may perfect notice by publication in a newspaper of
  872  general circulation in the county or counties in which the
  873  timeshare interest is located. The notice shall appear at least
  874  once a week for 2 consecutive weeks. The notice of default and
  875  intent to foreclose perfected by publication shall identify the
  876  obligor, the notice address of the obligor, the legal
  877  description of the timeshare interest, the nature of the action
  878  in short and simple terms, the name and contact information of
  879  the trustee, and the period of time after the date of the notice
  880  of default and intent to foreclose within which the obligor may
  881  cure the default. The trustee may group an unlimited number of
  882  notices in the same publication, if all of the notices pertain
  883  to the same timeshare plan. Notice under this paragraph is
  884  considered perfected upon publication as required in this
  885  paragraph.
  886         (d) If notice is perfected under subparagraph (a)5., the
  887  trustee shall execute an affidavit in recordable form setting
  888  forth the manner in which notice was perfected and attach the
  889  affidavit to the certificate of compliance set forth in
  890  subsection (9). The affidavit shall state the nature of the
  891  notice, the date on which the notice was mailed, the name and
  892  address on the envelope containing the notice, the manner in
  893  which the notice was mailed, and the basis for that knowledge.
  894         (e) If notice is perfected under subparagraph (b)1., the
  895  trustee shall execute an affidavit in recordable form setting
  896  forth the manner in which notice was perfected and attach the
  897  affidavit to the certificate of compliance set forth in
  898  subsection (9). The affidavit shall state the nature of the
  899  notice, the dates on which the notice was mailed, the name and
  900  addresses on the envelopes containing the notice, the manner in
  901  which the notice was mailed, and the fact that a signed receipt
  902  from the certified mail, registered mail, or permitted delivery
  903  service was timely received, and the name and address on the
  904  envelopes containing the notice.
  905         (f) If notice is perfected under paragraph (c), the trustee
  906  shall execute an affidavit in recordable form setting forth the
  907  manner in which notice was perfected and attach the affidavit to
  908  the certificate of compliance set forth in subsection (9). The
  909  affidavit shall include all the information contained in either
  910  paragraph (d) or paragraph (e), as applicable, shall state that
  911  the notice was perfected by publication and shall state that
  912  after diligent search and inquiry was made for the current
  913  address for the person, if paragraph (b) applies. The affidavit
  914  shall also include a statement that notice was perfected by
  915  publication, and shall set forth the information required, as
  916  applicable, by s. 49.041 in the case of a natural person or s.
  917  49.051 in the case of a corporation, whichever is applicable. No
  918  other action of the trustee is necessary to perfect notice.
  919         (g) Notice under paragraph (a) or paragraph (b) is
  920  perfected as to all obligors who have the same address if notice
  921  is perfected as to at least one obligor at that address pursuant
  922  to the provisions of this subsection.
  923         (h) The initiation of a trustee foreclosure action operates
  924  as a lis pendens on the timeshare interest pursuant to s. 48.23
  925  if a notice of lis pendens is recorded in the official records
  926  of the county or counties in which the mortgage is recorded and
  927  such notice has not expired pursuant to s. 48.23(2) or been
  928  withdrawn or discharged. The notice of lis pendens must contain
  929  the following:
  930         1. The name of the obligor.
  931         2. The date of the initiation of the trustee foreclosure
  932  action, which date shall be the date of the sending of the
  933  notice of default and intent to foreclose to the obligor.
  934         3. The name and contact information of the trustee.
  935         4. The legal description of the timeshare interest.
  936         5. A statement that a trustee foreclosure action has been
  937  initiated against the timeshare interest pursuant to this
  938  section.
  939         (6) NOTICE OF SALE.—
  940         (c) After the date of recording of the notice of sale,
  941  notice is not required to be given to any person claiming an
  942  interest in the timeshare interest except as provided in this
  943  section. If a notice of lis pendens has not previously been
  944  recorded pursuant to paragraph (5)(h), the recording of the
  945  notice of sale has the same force and effect as the filing of a
  946  lis pendens in a judicial proceeding under s. 48.23.
  947         (d)1. The trustee shall publish the notice of sale in a
  948  newspaper of general circulation in the county or counties in
  949  which the timeshare interest is located at least once a week for
  950  2 consecutive weeks before the date of the sale. The last
  951  publication shall occur at least 5 calendar days before the
  952  sale.
  953         2. The trustee may group an unlimited number of notices of
  954  sale in the same publication, if all of the notices of sale
  955  pertain to the same timeshare plan.
  956         (7) MANNER OF SALE.—
  957         (b) The trustee shall conduct the sale and act as the
  958  auctioneer. The trustee may use a third party to conduct the
  959  sale on behalf of the trustee and the trustee is liable for the
  960  conduct of the sale and the actions of the third party with
  961  respect to the conduct of the sale.
  962         (13) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
  963  PROCEDURE.—
  964         (b) Any trustee who intentionally violates the provisions
  965  of this section concerning the trustee foreclosure procedure
  966  commits a felony of the third degree, punishable as provided in
  967  s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
  968  ascertains that the obligor signed the return receipt as
  969  required in s. 721.856(5) does not violate this section if the
  970  trustee made a good faith effort to properly ascertain that it
  971  is the obligor who signed the return receipt in accordance with
  972  subsection (5).
  973         Section 8. This act shall take effect July 1, 2013.
  974  
  975  
  976  ================= T I T L E  A M E N D M E N T ================
  977         And the title is amended as follows:
  978         Delete everything before the enacting clause
  979  and insert:
  980                        A bill to be entitled                      
  981         An act relating to timeshares; amending s. 718.112,
  982         F.S.; specifying that certain provisions relating to
  983         condominium board elections do not apply to timeshare
  984         condominiums; amending s. 721.05, F.S.; revising the
  985         definition of “timeshare estate”; amending s. 721.07,
  986         F.S.; revising formula requirements for calculating
  987         reserves for accommodations and facilities of real
  988         property timeshare plans; amending s. 721.82, F.S.;
  989         revising definitions applicable to the Timeshare Lien
  990         Foreclosure Act; amending s. 721.84, F.S.; making an
  991         editorial change; amending s. 721.855, F.S.; revising
  992         procedure for the trustee foreclosure of assessment
  993         liens; revising conditions under which a trustee may
  994         sell a foreclosed encumbered timeshare interest;
  995         revising and providing notice requirements; providing
  996         for perfection of notice; providing requirements for a
  997         notice of lis pendens; providing sale requirements;
  998         providing exceptions for actions for failure to follow
  999         the trustee foreclosure procedure; amending s.
 1000         721.856, F.S.; revising procedure for the trustee
 1001         foreclosure of mortgage liens; revising conditions
 1002         under which a trustee may sell a foreclosed encumbered
 1003         timeshare interest; revising and providing notice
 1004         requirements; providing for perfection of notice;
 1005         providing requirements for a notice of lis pendens;
 1006         providing sale requirements; providing exceptions for
 1007         actions for failure to follow the trustee foreclosure
 1008         procedure; providing an effective date.