Florida Senate - 2013                              CS for SB 696
       
       
       
       By the Committee on Regulated Industries; and Senator Stargel
       
       
       
       
       580-02035-13                                           2013696c1
    1                        A bill to be entitled                      
    2         An act relating to timeshares; amending s. 718.112,
    3         F.S.; specifying that certain provisions relating to
    4         condominium board elections do not apply to timeshare
    5         condominiums; amending s. 721.05, F.S.; revising the
    6         definition of “timeshare estate”; amending s. 721.07,
    7         F.S.; revising formula requirements for calculating
    8         reserves for accommodations and facilities of real
    9         property timeshare plans; amending s. 721.82, F.S.;
   10         revising definitions applicable to the Timeshare Lien
   11         Foreclosure Act; amending s. 721.84, F.S.; making an
   12         editorial change; amending s. 721.855, F.S.; revising
   13         procedure for the trustee foreclosure of assessment
   14         liens; revising conditions under which a trustee may
   15         sell a foreclosed encumbered timeshare interest;
   16         revising and providing notice requirements; providing
   17         for perfection of notice; providing requirements for a
   18         notice of lis pendens; providing sale requirements;
   19         providing exceptions for actions for failure to follow
   20         the trustee foreclosure procedure; amending s.
   21         721.856, F.S.; revising procedure for the trustee
   22         foreclosure of mortgage liens; revising conditions
   23         under which a trustee may sell a foreclosed encumbered
   24         timeshare interest; revising and providing notice
   25         requirements; providing for perfection of notice;
   26         providing requirements for a notice of lis pendens;
   27         providing sale requirements; providing exceptions for
   28         actions for failure to follow the trustee foreclosure
   29         procedure; providing an effective date.
   30  
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. Paragraph (d) of subsection (2) of section
   34  718.112, Florida Statutes, is amended to read:
   35         718.112 Bylaws.—
   36         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   37  following and, if they do not do so, shall be deemed to include
   38  the following:
   39         (d) Unit owner meetings.—
   40         1. An annual meeting of the unit owners shall be held at
   41  the location provided in the association bylaws and, if the
   42  bylaws are silent as to the location, the meeting shall be held
   43  within 45 miles of the condominium property. However, such
   44  distance requirement does not apply to an association governing
   45  a timeshare condominium.
   46         2. Unless the bylaws provide otherwise, a vacancy on the
   47  board caused by the expiration of a director’s term shall be
   48  filled by electing a new board member, and the election must be
   49  by secret ballot. An election is not required if the number of
   50  vacancies equals or exceeds the number of candidates. For
   51  purposes of this paragraph, the term “candidate” means an
   52  eligible person who has timely submitted the written notice, as
   53  described in sub-subparagraph 4.a., of his or her intention to
   54  become a candidate. Except in a timeshare condominium, or if the
   55  staggered term of a board member does not expire until a later
   56  annual meeting, or if all members’ terms would otherwise expire
   57  but there are no candidates, the terms of all board members
   58  expire at the annual meeting, and such members may stand for
   59  reelection unless prohibited by the bylaws. If the bylaws permit
   60  staggered terms of no more than 2 years and upon approval of a
   61  majority of the total voting interests, the association board
   62  members may serve 2-year staggered terms. If the number of board
   63  members whose terms expire at the annual meeting equals or
   64  exceeds the number of candidates, the candidates become members
   65  of the board effective upon the adjournment of the annual
   66  meeting. Unless the bylaws provide otherwise, any remaining
   67  vacancies shall be filled by the affirmative vote of the
   68  majority of the directors making up the newly constituted board
   69  even if the directors constitute less than a quorum or there is
   70  only one director. In a condominium association of more than 10
   71  units or in a condominium association that does not include
   72  timeshare units or timeshare interests, coowners of a unit may
   73  not serve as members of the board of directors at the same time
   74  unless they own more than one unit or unless there are not
   75  enough eligible candidates to fill the vacancies on the board at
   76  the time of the vacancy. Any unit owner desiring to be a
   77  candidate for board membership must comply with sub-subparagraph
   78  4.a. and must be eligible to serve on the board of directors at
   79  the time of the deadline for submitting a notice of intent to
   80  run in order to have his or her name listed as a proper
   81  candidate on the ballot or to serve on the board. A person who
   82  has been suspended or removed by the division under this
   83  chapter, or who is delinquent in the payment of any fee, fine,
   84  or special or regular assessment as provided in paragraph (n),
   85  is not eligible for board membership. A person who has been
   86  convicted of any felony in this state or in a United States
   87  District or Territorial Court, or who has been convicted of any
   88  offense in another jurisdiction which would be considered a
   89  felony if committed in this state, is not eligible for board
   90  membership unless such felon’s civil rights have been restored
   91  for at least 5 years as of the date such person seeks election
   92  to the board. The validity of an action by the board is not
   93  affected if it is later determined that a board member is
   94  ineligible for board membership due to having been convicted of
   95  a felony.
   96         3. The bylaws must provide the method of calling meetings
   97  of unit owners, including annual meetings. Written notice must
   98  include an agenda, must be mailed, hand delivered, or
   99  electronically transmitted to each unit owner at least 14 days
  100  before the annual meeting, and must be posted in a conspicuous
  101  place on the condominium property at least 14 continuous days
  102  before the annual meeting. Upon notice to the unit owners, the
  103  board shall, by duly adopted rule, designate a specific location
  104  on the condominium property or association property where all
  105  notices of unit owner meetings shall be posted. This requirement
  106  does not apply if there is no condominium property or
  107  association property for posting notices. In lieu of, or in
  108  addition to, the physical posting of meeting notices, the
  109  association may, by reasonable rule, adopt a procedure for
  110  conspicuously posting and repeatedly broadcasting the notice and
  111  the agenda on a closed-circuit cable television system serving
  112  the condominium association. However, if broadcast notice is
  113  used, the notice and agenda must be broadcast at least four
  114  times every broadcast hour of each day that a posted notice is
  115  otherwise required under this section. If broadcast notice is
  116  provided, the notice and agenda must be broadcast in a manner
  117  and for a sufficient continuous length of time so as to allow an
  118  average reader to observe the notice and read and comprehend the
  119  entire content of the notice and the agenda. Unless a unit owner
  120  waives in writing the right to receive notice of the annual
  121  meeting, such notice must be hand delivered, mailed, or
  122  electronically transmitted to each unit owner. Notice for
  123  meetings and notice for all other purposes must be mailed to
  124  each unit owner at the address last furnished to the association
  125  by the unit owner, or hand delivered to each unit owner.
  126  However, if a unit is owned by more than one person, the
  127  association must provide notice to the address that the
  128  developer identifies for that purpose and thereafter as one or
  129  more of the owners of the unit advise the association in
  130  writing, or if no address is given or the owners of the unit do
  131  not agree, to the address provided on the deed of record. An
  132  officer of the association, or the manager or other person
  133  providing notice of the association meeting, must provide an
  134  affidavit or United States Postal Service certificate of
  135  mailing, to be included in the official records of the
  136  association affirming that the notice was mailed or hand
  137  delivered in accordance with this provision.
  138         4. The members of the board shall be elected by written
  139  ballot or voting machine. Proxies may not be used in electing
  140  the board in general elections or elections to fill vacancies
  141  caused by recall, resignation, or otherwise, unless otherwise
  142  provided in this chapter. This subparagraph does not apply to an
  143  association governing a timeshare condominium.
  144         a. At least 60 days before a scheduled election, the
  145  association shall mail, deliver, or electronically transmit, by
  146  separate association mailing or included in another association
  147  mailing, delivery, or transmission, including regularly
  148  published newsletters, to each unit owner entitled to a vote, a
  149  first notice of the date of the election. Any unit owner or
  150  other eligible person desiring to be a candidate for the board
  151  must give written notice of his or her intent to be a candidate
  152  to the association at least 40 days before a scheduled election.
  153  Together with the written notice and agenda as set forth in
  154  subparagraph 3., the association shall mail, deliver, or
  155  electronically transmit a second notice of the election to all
  156  unit owners entitled to vote, together with a ballot that lists
  157  all candidates. Upon request of a candidate, an information
  158  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  159  furnished by the candidate at least 35 days before the election,
  160  must be included with the mailing, delivery, or transmission of
  161  the ballot, with the costs of mailing, delivery, or electronic
  162  transmission and copying to be borne by the association. The
  163  association is not liable for the contents of the information
  164  sheets prepared by the candidates. In order to reduce costs, the
  165  association may print or duplicate the information sheets on
  166  both sides of the paper. The division shall by rule establish
  167  voting procedures consistent with this sub-subparagraph,
  168  including rules establishing procedures for giving notice by
  169  electronic transmission and rules providing for the secrecy of
  170  ballots. Elections shall be decided by a plurality of ballots
  171  cast. There is no quorum requirement; however, at least 20
  172  percent of the eligible voters must cast a ballot in order to
  173  have a valid election. A unit owner may not permit any other
  174  person to vote his or her ballot, and any ballots improperly
  175  cast are invalid. A unit owner who violates this provision may
  176  be fined by the association in accordance with s. 718.303. A
  177  unit owner who needs assistance in casting the ballot for the
  178  reasons stated in s. 101.051 may obtain such assistance. The
  179  regular election must occur on the date of the annual meeting.
  180  Notwithstanding this sub-subparagraph, an election is not
  181  required unless more candidates file notices of intent to run or
  182  are nominated than board vacancies exist.
  183         b. Within 90 days after being elected or appointed to the
  184  board, each newly elected or appointed director shall certify in
  185  writing to the secretary of the association that he or she has
  186  read the association’s declaration of condominium, articles of
  187  incorporation, bylaws, and current written policies; that he or
  188  she will work to uphold such documents and policies to the best
  189  of his or her ability; and that he or she will faithfully
  190  discharge his or her fiduciary responsibility to the
  191  association’s members. In lieu of this written certification,
  192  within 90 days after being elected or appointed to the board,
  193  the newly elected or appointed director may submit a certificate
  194  of having satisfactorily completed the educational curriculum
  195  administered by a division-approved condominium education
  196  provider within 1 year before or 90 days after the date of
  197  election or appointment. The written certification or
  198  educational certificate is valid and does not have to be
  199  resubmitted as long as the director serves on the board without
  200  interruption. A director who fails to timely file the written
  201  certification or educational certificate is suspended from
  202  service on the board until he or she complies with this sub
  203  subparagraph. The board may temporarily fill the vacancy during
  204  the period of suspension. The secretary shall cause the
  205  association to retain a director’s written certification or
  206  educational certificate for inspection by the members for 5
  207  years after a director’s election. Failure to have such written
  208  certification or educational certificate on file does not affect
  209  the validity of any board action.
  210         5. Any approval by unit owners called for by this chapter
  211  or the applicable declaration or bylaws, including, but not
  212  limited to, the approval requirement in s. 718.111(8), must be
  213  made at a duly noticed meeting of unit owners and is subject to
  214  all requirements of this chapter or the applicable condominium
  215  documents relating to unit owner decisionmaking, except that
  216  unit owners may take action by written agreement, without
  217  meetings, on matters for which action by written agreement
  218  without meetings is expressly allowed by the applicable bylaws
  219  or declaration or any law that provides for such action.
  220         6. Unit owners may waive notice of specific meetings if
  221  allowed by the applicable bylaws or declaration or any law. If
  222  authorized by the bylaws, notice of meetings of the board of
  223  administration, unit owner meetings, except unit owner meetings
  224  called to recall board members under paragraph (j), and
  225  committee meetings may be given by electronic transmission to
  226  unit owners who consent to receive notice by electronic
  227  transmission.
  228         7. Unit owners have the right to participate in meetings of
  229  unit owners with reference to all designated agenda items.
  230  However, the association may adopt reasonable rules governing
  231  the frequency, duration, and manner of unit owner participation.
  232         8. A unit owner may tape record or videotape a meeting of
  233  the unit owners subject to reasonable rules adopted by the
  234  division.
  235         9. Unless otherwise provided in the bylaws, any vacancy
  236  occurring on the board before the expiration of a term may be
  237  filled by the affirmative vote of the majority of the remaining
  238  directors, even if the remaining directors constitute less than
  239  a quorum, or by the sole remaining director. In the alternative,
  240  a board may hold an election to fill the vacancy, in which case
  241  the election procedures must conform to sub-subparagraph 4.a.
  242  unless the association governs 10 units or fewer and has opted
  243  out of the statutory election process, in which case the bylaws
  244  of the association control. Unless otherwise provided in the
  245  bylaws, a board member appointed or elected under this section
  246  shall fill the vacancy for the unexpired term of the seat being
  247  filled. Filling vacancies created by recall is governed by
  248  paragraph (j) and rules adopted by the division.
  249         10. This chapter does not limit the use of general or
  250  limited proxies, require the use of general or limited proxies,
  251  or require the use of a written ballot or voting machine for any
  252  agenda item or election at any meeting of a timeshare
  253  condominium association.
  254  
  255         Notwithstanding subparagraph (b)2. and sub-subparagraph
  256  4.a., an association of 10 or fewer units may, by affirmative
  257  vote of a majority of the total voting interests, provide for
  258  different voting and election procedures in its bylaws, which
  259  may be by a proxy specifically delineating the different voting
  260  and election procedures. The different voting and election
  261  procedures may provide for elections to be conducted by limited
  262  or general proxy.
  263         Section 2. Subsection (34) of section 721.05, Florida
  264  Statutes, is amended to read:
  265         721.05 Definitions.—As used in this chapter, the term:
  266         (34) “Timeshare estate” means a right to occupy a timeshare
  267  unit, coupled with a freehold estate or an estate for years with
  268  a future interest in a timeshare property or a specified portion
  269  thereof. The term includes shall also mean an interest in a
  270  condominium unit pursuant to s. 718.103, an interest in a
  271  cooperative unit pursuant to s. 719.103, or a direct or indirect
  272  an interest in a trust that complies in all respects with the
  273  provisions of s. 721.08(2)(c)4., provided that the trust does
  274  not contain any personal property timeshare interests. A
  275  timeshare estate is a parcel of real property under the laws of
  276  this state.
  277         Section 3. Paragraph (t) of subsection (5) of section
  278  721.07, Florida Statutes, is amended to read:
  279         721.07 Public offering statement.—Prior to offering any
  280  timeshare plan, the developer must submit a filed public
  281  offering statement to the division for approval as prescribed by
  282  s. 721.03, s. 721.55, or this section. Until the division
  283  approves such filing, any contract regarding the sale of that
  284  timeshare plan is subject to cancellation by the purchaser
  285  pursuant to s. 721.10.
  286         (5) Every filed public offering statement for a timeshare
  287  plan which is not a multisite timeshare plan shall contain the
  288  information required by this subsection. The division is
  289  authorized to provide by rule the method by which a developer
  290  must provide such information to the division.
  291         (t) An estimated operating budget for the timeshare plan
  292  and a schedule of the purchaser’s expenses shall be attached as
  293  an exhibit and shall contain the following information:
  294         1. The estimated annual expenses of the timeshare plan
  295  collectible from purchasers by assessments. The estimated
  296  payments by the purchaser for assessments shall also be stated
  297  in the estimated amounts for the times when they will be due.
  298  Expenses shall also be shown for the shortest timeshare period
  299  offered for sale by the developer. If the timeshare plan
  300  provides for the offer and sale of units to be used on a
  301  nontimeshare basis, the estimated monthly and annual expenses of
  302  such units shall be set forth in a separate schedule.
  303         2. The estimated weekly, monthly, and annual expenses of
  304  the purchaser of each timeshare interest, other than assessments
  305  payable to the managing entity. Expenses which are personal to
  306  purchasers that are not uniformly incurred by all purchasers or
  307  that are not provided for or contemplated by the timeshare plan
  308  documents may be excluded from this estimate.
  309         3. The estimated items of expenses of the timeshare plan
  310  and the managing entity, except as excluded under subparagraph
  311  2., including, but not limited to, if applicable, the following
  312  items, which shall be stated either as management expenses
  313  collectible by assessments or as expenses of the purchaser
  314  payable to persons other than the managing entity:
  315         a. Expenses for the managing entity:
  316         (I) Administration of the managing entity.
  317         (II) Management fees.
  318         (III) Maintenance.
  319         (IV) Rent for facilities.
  320         (V) Taxes upon timeshare property.
  321         (VI) Taxes upon leased areas.
  322         (VII) Insurance.
  323         (VIII) Security provisions.
  324         (IX) Other expenses.
  325         (X) Operating capital.
  326         (XI) Reserves for deferred maintenance and reserves for
  327  capital expenditures, including:
  328         (A) Reserves for deferred maintenance or capital
  329  expenditures of accommodations and facilities of a real property
  330  timeshare plan, if any. All reserves for any accommodations and
  331  facilities of real property timeshare plans located in this
  332  state shall be calculated using by a formula which is based upon
  333  estimated life and replacement cost of each reserve item that
  334  will provide funds equal to the total estimated deferred
  335  maintenance expense or total estimated life and replacement cost
  336  for an asset or group of assets over the remaining useful life
  337  of the asset or group of assets. Funding formulas for reserves
  338  shall be based on either a separate analysis of each of the
  339  required assets using the straight-line accounting method or a
  340  pooled analysis of two or more of the required assets using the
  341  pooling accounting method. Reserves for deferred maintenance for
  342  such accommodations and facilities shall include accounts for
  343  roof replacement, building painting, pavement resurfacing,
  344  replacement of timeshare unit furnishings and equipment, and any
  345  other component, the useful life of which is less than the
  346  useful life of the overall structure. For any accommodations and
  347  facilities of real property timeshare plans located outside of
  348  this state, the developer shall disclose the amount of reserves
  349  for deferred maintenance or capital expenditures required by the
  350  law of the situs state, if applicable, and maintained for such
  351  accommodations and facilities.
  352         (B) Reserves for deferred maintenance or capital
  353  expenditures of accommodations and facilities of a personal
  354  property timeshare plan, if any. If such reserves are
  355  maintained, the estimated operating budget shall disclose the
  356  methodology of how the reserves are calculated. If a personal
  357  property timeshare plan does not require reserves, the following
  358  statement, in conspicuous type, shall appear in both the budget
  359  and the public offering statement:
  360  
  361  The estimated operating budget for this personal property
  362  timeshare plan does not include reserves for deferred
  363  maintenance or capital expenditures; each timeshare interest may
  364  be subject to substantial special assessments from time to time
  365  because no such reserves exist.
  366  
  367         (XII) Fees payable to the division.
  368         b. Expenses for a purchaser:
  369         (I) Rent for the timeshare unit, if subject to a lease.
  370         (II) Rent payable by the purchaser directly to the lessor
  371  or agent under any lease for the use of facilities, which use
  372  and payment is a mandatory condition of ownership and is not
  373  included in the common expenses or assessments for common
  374  maintenance paid by the purchasers to the managing entity.
  375         4. The estimated amounts shall be stated for a period of at
  376  least 12 months and may distinguish between the period before
  377  prior to the time that purchasers elect a majority of the board
  378  of administration and the period after that date.
  379         5. If the developer intends to guarantee the level of
  380  assessments, such guarantee must be based upon a good faith
  381  estimate of the revenues and expenses of the timeshare plan. The
  382  guarantee must include a description of the following:
  383         a. The specific time period measured in one or more
  384  calendar or fiscal years during which the guarantee will be in
  385  effect.
  386         b. A statement that the developer will pay all common
  387  expenses incurred in excess of the total revenues of the
  388  timeshare plan pursuant to s. 721.15(2) if the developer has
  389  excused himself or herself from the payment of assessments
  390  during the guarantee period.
  391         c. The level, expressed in total dollars, at which the
  392  developer guarantees the budget. If the developer has reserved
  393  the right to extend or increase the guarantee level pursuant to
  394  s. 721.15(2), a disclosure must be included to that effect.
  395         6. If the developer intends to provide a trust fund to
  396  defer or reduce the payment of annual assessments, a copy of the
  397  trust instrument shall be attached as an exhibit and shall
  398  include a description of such arrangement, including, but not
  399  limited to:
  400         a. The specific amount of such trust funds and the source
  401  of the funds.
  402         b. The name and address of the trustee.
  403         c. The investment methods permitted by the trust agreement.
  404         d. A statement in conspicuous type that the funds from the
  405  trust account may not cover all assessments and that there is no
  406  guarantee that purchasers will not have to pay assessments in
  407  the future.
  408         7. The budget of a phase timeshare plan may contain a note
  409  identifying the number of timeshare interests covered by the
  410  budget, indicating the number of timeshare interests, if any,
  411  estimated to be declared as part of the timeshare plan during
  412  that calendar year, and projecting the common expenses for the
  413  timeshare plan based upon the number of timeshare interests
  414  estimated to be declared as part of the timeshare plan during
  415  that calendar year.
  416         Section 4. Subsections (9) and (11) of section 721.82,
  417  Florida Statutes, are amended to read:
  418         721.82 Definitions.—As used in this part, the term:
  419         (9) “Notice address” means:
  420         (a) As to an assessment lien, the address of the owner of a
  421  timeshare interest as reflected by the books and records of the
  422  timeshare plan under ss. 721.13(4) and 721.15(7).
  423         (b) As to a mortgage lien:
  424         1. The address of the mortgagor as set forth in the
  425  mortgage, the promissory note or a separate document executed by
  426  the mortgagor at the time the mortgage lien was created, or the
  427  most current address of the mortgagor according to the records
  428  of the mortgagee; and
  429         2. If the owner of the timeshare interest is different from
  430  the mortgagor, the address of the owner of the timeshare
  431  interest as reflected by the books and records of the mortgagee.
  432         (c) As to a junior interestholder, the address as set forth
  433  in the recorded instrument creating the junior lien or interest,
  434  or in any recorded amendment thereto changing the address, or in
  435  any written notification by the junior interestholder to the
  436  foreclosing lienholder changing the address.
  437         (d) As to an owner of a timeshare interest, mortgagor, or
  438  junior interestholder whose current address is not the address
  439  as determined by paragraph (a), paragraph (b), or paragraph (c),
  440  such address as is known to be the current address.
  441         (11) “Permitted delivery service” means any nationally
  442  recognized common carrier delivery service, or international
  443  airmail service that allows for return receipt service, or a
  444  service recognized by an international jurisdiction as the
  445  equivalent of certified, registered mail for that jurisdiction.
  446         Section 5. Subsection (6) of section 721.84, Florida
  447  Statutes, is amended to read:
  448         721.84 Appointment of a registered agent; duties.—
  449         (6) Unless otherwise provided in this section, a registered
  450  agent in receipt of any notice or other document addressed from
  451  the lienholder to the obligor in care of the registered agent at
  452  the registered office must mail, by first-class first class mail
  453  if the obligor’s address is within the United States, and by
  454  international air mail if the obligor’s address is outside the
  455  United States, with postage fees prepaid, such notice or
  456  documents to the obligor at the obligor’s last designated
  457  address within 5 days after receipt.
  458         Section 6. Paragraph (c) of subsection (2), subsections (4)
  459  and (5), paragraph (c) of subsection (6), paragraph (b) of
  460  subsection (7), and paragraph (b) of subsection (14) of section
  461  721.855, Florida Statutes, are amended to read:
  462         721.855 Procedure for the trustee foreclosure of assessment
  463  liens.—The provisions of this section establish a trustee
  464  foreclosure procedure for assessment liens.
  465         (2) INITIATING THE USE OF A TRUSTEE FORECLOSURE PROCEDURE.—
  466         (c)1. In order to initiate a trustee foreclosure procedure
  467  against a timeshare interest, the lienholder shall deliver an
  468  affidavit to the trustee that identifies the obligor; the notice
  469  address of the obligor; the timeshare interest; the date that
  470  the notice of the intent to file a lien was given, if
  471  applicable; the official records book and page number where the
  472  claim of lien is recorded; and the name and notice address of
  473  any junior interestholder. The affidavit shall be accompanied by
  474  a title search of the timeshare interest identifying any junior
  475  interestholders of record, and the effective date of the title
  476  search must be a date that is within 60 calendar days before the
  477  date of the affidavit.
  478         2. The affidavit shall also state the facts that establish
  479  that the obligor has defaulted in the obligation to make a
  480  payment under a specified provision of the timeshare instrument
  481  or applicable law.
  482         3. The affidavit shall also specify the amounts secured by
  483  the lien as of the date of the affidavit and a per diem amount
  484  to account for further accrual of the amounts secured by the
  485  lien.
  486         4. The affidavit shall also state that the assessment lien
  487  was properly created and authorized pursuant to the timeshare
  488  instrument and applicable law.
  489         (4) CONDITIONS TO TRUSTEE’S EXERCISE OF POWER OF SALE.—A
  490  trustee may sell an encumbered timeshare interest foreclosed
  491  under this section if:
  492         (a) The trustee has received the affidavit from the
  493  lienholder under paragraph (2)(c);
  494         (b) The trustee has not received a written objection to the
  495  use of the trustee foreclosure procedure under paragraph (3)(a)
  496  and the timeshare interest was not redeemed under paragraph
  497  (3)(b);
  498         (c) There is no lis pendens recorded and pending against
  499  the same timeshare interest before the recording of the notice
  500  of lis pendens pursuant to paragraph (5)(h), and the trustee has
  501  not been served notice of the filing of any action to enjoin the
  502  trustee foreclosure sale;
  503         (d) The trustee has provided written notice of default and
  504  intent to foreclose as required under subsection (5) and a
  505  period of at least 30 calendar days has elapsed after such
  506  notice is deemed perfected under subsection (5); and
  507         (e) The notice of sale required under subsection (6) has
  508  been recorded in the official records of the county or counties
  509  in which the timeshare interest is located; and
  510         (f) The lienholder has provided the trustee with a title
  511  search of the timeshare interest identifying any junior
  512  interestholders of record, the effective date of which search
  513  must be within 60 calendar days before the date it is delivered
  514  to the trustee. If a title search reveals that incorrect
  515  obligors or junior interestholders have been served or
  516  additional obligors or junior interestholders have not been
  517  served, the foreclosure action may not proceed until the notices
  518  required pursuant to this section have been served on the
  519  correct or additional obligors or junior interestholders and all
  520  applicable time periods have expired.
  521         (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
  522         (a) In any foreclosure proceeding under this section, the
  523  trustee is required to notify the obligor of the proceeding by
  524  sending the obligor a written notice of default and intent to
  525  foreclose to the notice address of the obligor by certified
  526  mail, registered mail, or permitted delivery service, return
  527  receipt requested, and by first-class mail or permitted delivery
  528  service, postage prepaid, as follows:
  529         1. The notice of default and intent to foreclose shall
  530  identify the obligor, the notice address of the obligor, the
  531  legal description of the timeshare interest, the nature of the
  532  default, the amounts secured by the lien, and a per diem amount
  533  to account for further accrual of the amounts secured by the
  534  lien and shall state the method by which the obligor may cure
  535  the default, including the period of time after the date of the
  536  notice of default and intent to foreclose within which the
  537  obligor may cure the default.
  538         2. The notice of default and intent to foreclose shall
  539  include an objection form with which the obligor can object to
  540  the use of the trustee foreclosure procedure by signing and
  541  returning the objection form to the trustee. The objection form
  542  shall identify the obligor, the notice address of the obligor,
  543  the timeshare interest, and the return address of the trustee
  544  and shall state: “The undersigned obligor exercises the
  545  obligor’s right to object to the use of the trustee foreclosure
  546  procedure contained in section 721.855, Florida Statutes.”
  547         3. The notice of default and intent to foreclose shall also
  548  contain a statement in substantially the following form:
  549  
  550         If you fail to cure the default as set forth in this
  551         notice or take other appropriate action with regard to
  552         this foreclosure matter, you risk losing ownership of
  553         your timeshare interest through the trustee
  554         foreclosure procedure established in section 721.855,
  555         Florida Statutes. You may choose to sign and send to
  556         the trustee the enclosed objection form, exercising
  557         your right to object to the use of the trustee
  558         foreclosure procedure. Upon the trustee’s receipt of
  559         your signed objection form, the foreclosure of the
  560         lien with respect to the default specified in this
  561         notice shall be subject to the judicial foreclosure
  562         procedure only. You have the right to cure your
  563         default in the manner set forth in this notice at any
  564         time before the trustee’s sale of your timeshare
  565         interest. If you do not object to the use of the
  566         trustee foreclosure procedure, you will not be subject
  567         to a deficiency judgment even if the proceeds from the
  568         sale of your timeshare interest are insufficient to
  569         offset the amounts secured by the lien.
  570         4. The trustee shall also mail a copy of the notice of
  571  default and intent to foreclose, without the objection form, to
  572  the notice address of any junior interestholder by certified
  573  mail, registered mail, or permitted delivery service, return
  574  receipt requested, and by first-class mail or permitted delivery
  575  service, postage prepaid.
  576         5. Notice under this paragraph is considered perfected upon
  577  the trustee receiving the return receipt bearing the signature
  578  of the obligor or junior interestholder, as applicable, within
  579  30 calendar days after the trustee sent the notice under this
  580  paragraph. Notice under this paragraph is not perfected if:
  581         a. The notice is returned as undeliverable within 30
  582  calendar days after the trustee sent the notice;, if
  583         b. The trustee cannot, in good faith, ascertain from the
  584  receipt that the obligor or junior interestholder, as
  585  applicable, is the person who signed the receipt because all or
  586  a portion of the obligor’s or junior interestholder’s name is
  587  not on the signed receipt or because the trustee cannot
  588  otherwise determine that the obligor or junior interestholder
  589  signed the receipt;, or
  590         c.if The receipt from the obligor or junior
  591  interestholder, as applicable, is returned or refused within 30
  592  calendar days after the trustee sent the notice.
  593         (b) If the notice required by paragraph (a) is returned as
  594  undeliverable within 30 calendar days after the trustee sent the
  595  notice, the trustee shall perform a diligent search and inquiry
  596  to obtain a different address for the obligor or junior
  597  interestholder. For purposes of this paragraph, any address
  598  known and used by the lienholder for sending regular mailings or
  599  other communications from the lienholder to the obligor or
  600  junior interestholder, as applicable, shall be included with
  601  other addresses produced from the diligent search and inquiry,
  602  if any.
  603         1. If the trustee’s diligent search and inquiry produces an
  604  address different from the notice address, the trustee shall
  605  mail a copy of the notice by certified mail, registered mail, or
  606  permitted delivery service, return receipt requested, and by
  607  first-class mail or permitted delivery service, postage prepaid,
  608  to the new address. Notice under this subparagraph is considered
  609  perfected upon the trustee receiving the return receipt bearing
  610  the signature of the obligor or junior interestholder, as
  611  applicable, within 30 calendar days after the trustee sent the
  612  notice under this subparagraph. Notice under this subparagraph
  613  is not perfected if the receipt from the obligor or junior
  614  interestholder, as applicable, is refused, returned, or the
  615  trustee cannot, in good faith, ascertain from the receipt that
  616  the obligor or junior interestholder, as applicable, is the
  617  person who signed the receipt because all or a portion of the
  618  obligor’s or junior interestholder’s name is not on the signed
  619  receipt or because the trustee cannot otherwise determine that
  620  the obligor or junior interestholder signed the receipt or the
  621  receipt from the obligor or junior interestholder, as
  622  applicable, is returned refused. If the trustee does not perfect
  623  notice under this subparagraph, the trustee shall perfect
  624  service in the manner set forth in paragraph (c).
  625         2. If the trustee’s diligent search and inquiry does not
  626  locate a different address for the obligor or junior
  627  interestholder, as applicable, the trustee may perfect notice
  628  against that person under paragraph (c).
  629         (c) If the notice is not perfected under subparagraph
  630  (a)5., and such notice was not returned as undeliverable, or if
  631  the notice was not perfected under subparagraph (b)1., the
  632  trustee may perfect notice by publication in a newspaper of
  633  general circulation in the county or counties in which the
  634  timeshare interest is located. The notice shall appear at least
  635  once a week for 2 consecutive weeks. The notice of default and
  636  intent to foreclose perfected by publication shall identify the
  637  obligor, the notice address of the obligor, the legal
  638  description of the timeshare interest, the nature of the action
  639  in short and simple terms, the name and contact information of
  640  the trustee, and the period of time after the date of the notice
  641  of default and intent to foreclose within which the obligor may
  642  cure the default. The trustee may group an unlimited number of
  643  notices in the same publication, if all of the notices pertain
  644  to the same timeshare plan. Notice under this paragraph is
  645  considered perfected upon publication as required in this
  646  paragraph.
  647         (d) If notice is perfected under subparagraph (a)5., the
  648  trustee shall execute an affidavit in recordable form setting
  649  forth the manner in which notice was perfected and attach the
  650  affidavit to the certificate of compliance set forth in
  651  subsection (9). The affidavit shall state the nature of the
  652  notice, the date on which the notice was mailed, the name and
  653  address on the envelope containing the notice, the manner in
  654  which the notice was mailed, and the basis for that knowledge.
  655         (e) If notice is perfected under subparagraph (b)1., the
  656  trustee shall execute an affidavit in recordable form setting
  657  forth the manner in which notice was perfected and attach the
  658  affidavit to the certificate of compliance set forth in
  659  subsection (9). The affidavit shall state the nature of the
  660  notice, the dates on which the notice was mailed, the name and
  661  addresses on the envelopes containing the notice, the manner in
  662  which the notices were mailed, and the fact that a signed
  663  receipt from the certified mail, registered mail, or permitted
  664  delivery service was timely received, and the name and address
  665  on the envelopes containing the notice.
  666         (f) If notice is perfected by publication under paragraph
  667  (c), the trustee shall execute an affidavit in recordable form
  668  setting forth the manner in which notice was perfected and
  669  attach the affidavit to the certificate of compliance set forth
  670  in subsection (9). The affidavit shall include all the
  671  information contained in either paragraph (d) or paragraph (e),
  672  as applicable, shall state that the notice was perfected by
  673  publication and shall state that after diligent search and
  674  inquiry was made for the current address for the person, if
  675  paragraph (b) applies. The affidavit and shall also include a
  676  statement that notice was perfected by publication, and shall
  677  set forth the information required, as applicable, by s. 49.041
  678  in the case of a natural person or s. 49.051 in the case of a
  679  corporation, whichever is applicable. No other action of the
  680  trustee is necessary to perfect notice.
  681         (g) Notice under paragraph (a) or paragraph (b) is
  682  perfected as to all obligors who have the same address if notice
  683  is perfected as to at least one obligor at that address pursuant
  684  to the provisions of this subsection.
  685         (h) The initiation of a trustee foreclosure action operates
  686  as a lis pendens on the timeshare interest pursuant to s. 48.23
  687  if a notice of lis pendens is recorded in the official records
  688  of the county in which the deed conveying the timeshare interest
  689  to the obligor was recorded and such notice has not expired
  690  pursuant to s. 48.23(2) or been withdrawn or discharged. The
  691  notice of lis pendens must contain the following:
  692         1. The name of the obligor.
  693         2. The date of the initiation of the trustee foreclosure
  694  action, which date shall be the date of the sending of the
  695  notice of default and intent to foreclose to the obligor.
  696         3. The name and contact information of the trustee.
  697         4. The legal description of the timeshare interest.
  698         5. A statement that a trustee foreclosure action has been
  699  initiated against the timeshare interest pursuant to this
  700  section.
  701         (6) NOTICE OF SALE.—
  702         (c) After the date of recording of the notice of sale,
  703  notice is not required to be given to any person claiming an
  704  interest in the timeshare interest except as provided in this
  705  section. If a notice of lis pendens has not previously been
  706  recorded pursuant to paragraph (5)(h), the recording of the
  707  notice of sale has the same force and effect as the filing of a
  708  lis pendens in a judicial proceeding under s. 48.23.
  709         (7) MANNER OF SALE.—
  710         (b) The trustee shall conduct the sale and act as the
  711  auctioneer. The trustee may use a third party to conduct the
  712  sale on behalf of the trustee and the trustee is liable for the
  713  conduct of the sale and the actions of the third party with
  714  respect to the conduct of the sale.
  715         (14) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
  716  PROCEDURE.—
  717         (b) Any trustee who intentionally violates the provisions
  718  of this section concerning the trustee foreclosure procedure
  719  commits a felony of the third degree, punishable as provided in
  720  s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
  721  ascertains that the obligor signed the return receipt as
  722  required in s. 721.855(5) does not violate this section if the
  723  trustee made a good faith effort to properly ascertain that the
  724  obligor signed the return receipt in accordance with subsection
  725  (5).
  726         Section 7. Paragraph (b) of subsection (2), subsections (4)
  727  and (5), paragraphs (c) and (d) of subsection (6), paragraph (b)
  728  of subsection (7), and paragraph (b) of subsection (13) of
  729  section 721.856, Florida Statutes, are amended to read:
  730         721.856 Procedure for the trustee foreclosure of mortgage
  731  liens.—The provisions of this section establish a trustee
  732  foreclosure procedure for mortgage liens.
  733         (2) INITIATING THE TRUSTEE FORECLOSURE OF MORTGAGE LIENS.—
  734         (b)1. In order to initiate a trustee foreclosure procedure
  735  against a timeshare interest, the lienholder shall deliver an
  736  affidavit to the trustee that identifies the obligor, the notice
  737  address of the obligor, the timeshare interest, the official
  738  records book and page number where the mortgage is recorded, and
  739  the name and notice address of any junior interestholder. The
  740  affidavit shall be accompanied by a title search of the
  741  timeshare interest identifying any junior interestholders of
  742  record, and the effective date of the title search must be a
  743  date that is within 60 calendar days before the date of the
  744  affidavit.
  745         2. The affidavit shall also state the facts that establish
  746  that the obligor has defaulted in the obligation to make a
  747  payment under a specified provision of the mortgage or is
  748  otherwise deemed in uncured default under a specified provision
  749  of the mortgage.
  750         3. The affidavit shall also specify the amounts secured by
  751  the lien as of the date of the affidavit and a per diem amount
  752  to account for further accrual of the amounts secured by the
  753  lien.
  754         4. The affidavit shall also state that the appropriate
  755  amount of documentary stamp tax and intangible taxes has been
  756  paid upon recording of the mortgage, or otherwise paid to the
  757  state.
  758         5. The affidavit shall also state that the lienholder is
  759  the holder of the note and has complied with all preconditions
  760  in the note and mortgage to determine the amounts secured by the
  761  lien and to initiate the use of the trustee foreclosure
  762  procedure.
  763         (4) CONDITIONS TO TRUSTEE’S EXERCISE OF POWER OF SALE.—A
  764  trustee may sell an encumbered timeshare interest foreclosed
  765  under this section if:
  766         (a) The trustee has received the affidavit from the
  767  lienholder under paragraph (2)(b);
  768         (b) The trustee has not received a written objection to the
  769  use of the trustee foreclosure procedure under paragraph (3)(a)
  770  and the timeshare interest was not redeemed under paragraph
  771  (3)(b);
  772         (c) There is no lis pendens recorded and pending against
  773  the same timeshare interest before the initiation of the trustee
  774  foreclosure action and provided a notice of lis pendens has been
  775  recorded pursuant to paragraph (5)(h), and the trustee has not
  776  been served notice of the filing of any action to enjoin the
  777  trustee foreclosure sale;
  778         (d) The trustee is in possession of the original promissory
  779  note executed by the mortgagor and secured by the mortgage lien;
  780         (e) The trustee has provided written notice of default and
  781  intent to foreclose as required under subsection (5) and a
  782  period of at least 30 calendar days has elapsed after such
  783  notice is deemed perfected under subsection (5); and
  784         (f) The notice of sale required under subsection (6) has
  785  been recorded in the official records of the county in which the
  786  mortgage was recorded; and
  787         (g) The lienholder has provided the trustee with a title
  788  search of the timeshare interest identifying any junior
  789  interestholders of record, the effective date of which search
  790  must be within 60 calendar days before the date it is delivered
  791  to the trustee. If a title search reveals that incorrect
  792  obligors or junior interestholders have been served or
  793  additional obligors or junior interestholders have not been
  794  served, the foreclosure action may not proceed until the notices
  795  required pursuant to this section have been served on the
  796  correct or additional obligors or junior interestholders and all
  797  applicable time periods have expired.
  798         (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
  799         (a) In any foreclosure proceeding under this section, the
  800  trustee is required to notify the obligor of the proceeding by
  801  sending the obligor a written notice of default and intent to
  802  foreclose to the notice address of the obligor by certified
  803  mail, registered mail, or permitted delivery service, return
  804  receipt requested, and by first-class mail or permitted delivery
  805  service, postage prepaid, as follows:
  806         1. The notice of default and intent to foreclose shall
  807  identify the obligor, the notice address of the obligor, the
  808  legal description of the timeshare interest, the nature of the
  809  default, the amounts secured by the lien, and a per diem amount
  810  to account for further accrual of the amounts secured by the
  811  lien and shall state the method by which the obligor may cure
  812  the default, including the period of time after the date of the
  813  notice of default and intent to foreclose within which the
  814  obligor may cure the default.
  815         2. The notice of default and intent to foreclose shall
  816  include an objection form with which the obligor can object to
  817  the use of the trustee foreclosure procedure by signing and
  818  returning the objection form to the trustee. The objection form
  819  shall identify the obligor, the notice address of the obligor,
  820  the timeshare interest, and the return address of the trustee
  821  and shall state: “The undersigned obligor exercises the
  822  obligor’s right to object to the use of the trustee foreclosure
  823  procedure contained in section 721.856, Florida Statutes.”
  824         3. The notice of default and intent to foreclose shall also
  825  contain a statement in substantially the following form:
  826  
  827         If you fail to cure the default as set forth in this
  828         notice or take other appropriate action with regard to
  829         this foreclosure matter, you risk losing ownership of
  830         your timeshare interest through the trustee
  831         foreclosure procedure established in section 721.856,
  832         Florida Statutes. You may choose to sign and send to
  833         the trustee the enclosed objection form, exercising
  834         your right to object to the use of the trustee
  835         foreclosure procedure. Upon the trustee’s receipt of
  836         your signed objection form, the foreclosure of the
  837         lien with respect to the default specified in this
  838         notice shall be subject to the judicial foreclosure
  839         procedure only. You have the right to cure your
  840         default in the manner set forth in this notice at any
  841         time before the trustee’s sale of your timeshare
  842         interest. If you do not object to the use of the
  843         trustee foreclosure procedure, you will not be subject
  844         to a deficiency judgment even if the proceeds from the
  845         sale of your timeshare interest are insufficient to
  846         offset the amounts secured by the lien.
  847  
  848         4. The trustee shall also mail a copy of the notice of
  849  default and intent to foreclose, without the objection form, to
  850  the notice address of any junior interestholder by certified
  851  mail, registered mail, or permitted delivery service, return
  852  receipt requested, and by first-class mail or permitted delivery
  853  service, postage prepaid.
  854         5. Notice under this paragraph is considered perfected upon
  855  the trustee receiving the return receipt bearing the signature
  856  of the obligor or junior interestholder, as applicable, within
  857  30 calendar days after the trustee sent the notice under this
  858  paragraph. Notice under this paragraph is not perfected if:
  859         a. The notice is returned as undeliverable within 30
  860  calendar days after the trustee sent the notice;, if
  861         b. The trustee cannot, in good faith, ascertain from the
  862  receipt that the obligor or junior interestholder, as
  863  applicable, is the person who signed the receipt because all or
  864  a portion of the obligor’s or junior interestholder’s name is
  865  not on the signed receipt or the trustee cannot otherwise
  866  determine that the obligor or junior interestholder signed the
  867  receipt;, or
  868         c.if The receipt from the obligor or junior
  869  interestholder, as applicable, is returned or refused within 30
  870  calendar days after the trustee sent the notice.
  871         (b) If the notice required by paragraph (a) is returned as
  872  undeliverable within 30 calendar days after the trustee sent the
  873  notice, the trustee shall perform a diligent search and inquiry
  874  to obtain a different address for the obligor or junior
  875  interestholder. For purposes of this paragraph, any address
  876  known and used by the lienholder for sending regular mailings or
  877  other communications from the lienholder to the obligor or
  878  junior interestholder, as applicable, shall be included with
  879  other addresses produced from the diligent search and inquiry,
  880  if any.
  881         1. If the trustee’s diligent search and inquiry produces an
  882  address different from the notice address, the trustee shall
  883  mail a copy of the notice by certified mail, registered mail, or
  884  permitted delivery service, return receipt requested, and by
  885  first-class mail or permitted delivery service, postage prepaid,
  886  to the new address. Notice under this subparagraph is considered
  887  perfected upon the trustee receiving the return receipt bearing
  888  the signature of the obligor or junior interestholder, as
  889  applicable, within 30 calendar days after the trustee sent the
  890  notice under this subparagraph. Notice under this subparagraph
  891  is not perfected if the receipt from the obligor or junior
  892  interestholder is refused, returned, or the trustee cannot, in
  893  good faith, ascertain from the receipt that the obligor or
  894  junior interestholder, as applicable, is the person who signed
  895  the receipt because all or a portion of the obligor’s or junior
  896  interestholder’s name is not on the signed receipt or because
  897  the trustee cannot otherwise determine that the obligor or
  898  junior interestholder signed the receipt or the receipt from the
  899  obligor or junior interestholder, as applicable, is returned
  900  refused. If the trustee does not perfect notice under this
  901  subparagraph, the trustee shall perfect service in the manner
  902  set forth in paragraph (c).
  903         2. If the trustee’s diligent search and inquiry does not
  904  locate a different address for the obligor or junior
  905  interestholder, as applicable, the trustee may perfect notice
  906  against that person under paragraph (c).
  907         (c) If the notice is not perfected under subparagraph
  908  (a)5., and such notice was not returned as undeliverable, or if
  909  the notice was not perfected under subparagraph (b)1., the
  910  trustee may perfect notice by publication in a newspaper of
  911  general circulation in the county or counties in which the
  912  timeshare interest is located. The notice shall appear at least
  913  once a week for 2 consecutive weeks. The notice of default and
  914  intent to foreclose perfected by publication shall identify the
  915  obligor, the notice address of the obligor, the legal
  916  description of the timeshare interest, the nature of the action
  917  in short and simple terms, the name and contact information of
  918  the trustee, and the period of time after the date of the notice
  919  of default and intent to foreclose within which the obligor may
  920  cure the default. The trustee may group an unlimited number of
  921  notices in the same publication, if all of the notices pertain
  922  to the same timeshare plan. Notice under this paragraph is
  923  considered perfected upon publication as required in this
  924  paragraph.
  925         (d) If notice is perfected under subparagraph (a)5., the
  926  trustee shall execute an affidavit in recordable form setting
  927  forth the manner in which notice was perfected and attach the
  928  affidavit to the certificate of compliance set forth in
  929  subsection (9). The affidavit shall state the nature of the
  930  notice, the date on which the notice was mailed, the name and
  931  address on the envelope containing the notice, the manner in
  932  which the notice was mailed, and the basis for that knowledge.
  933         (e) If notice is perfected under subparagraph (b)1., the
  934  trustee shall execute an affidavit in recordable form setting
  935  forth the manner in which notice was perfected and attach the
  936  affidavit to the certificate of compliance set forth in
  937  subsection (9). The affidavit shall state the nature of the
  938  notice, the dates on which the notice was mailed, the name and
  939  addresses on the envelopes containing the notice, the manner in
  940  which the notice was mailed, and the fact that a signed receipt
  941  from the certified mail, registered mail, or permitted delivery
  942  service was timely received, and the name and address on the
  943  envelopes containing the notice.
  944         (f) If notice is perfected under paragraph (c), the trustee
  945  shall execute an affidavit in recordable form setting forth the
  946  manner in which notice was perfected and attach the affidavit to
  947  the certificate of compliance set forth in subsection (9). The
  948  affidavit shall include all the information contained in either
  949  paragraph (d) or paragraph (e), as applicable, shall state that
  950  the notice was perfected by publication and shall state that
  951  after diligent search and inquiry was made for the current
  952  address for the person, if paragraph (b) applies. The affidavit
  953  shall also include a statement that notice was perfected by
  954  publication, and shall set forth the information required, as
  955  applicable, by s. 49.041 in the case of a natural person or s.
  956  49.051 in the case of a corporation, whichever is applicable. No
  957  other action of the trustee is necessary to perfect notice.
  958         (g) Notice under paragraph (a) or paragraph (b) is
  959  perfected as to all obligors who have the same address if notice
  960  is perfected as to at least one obligor at that address pursuant
  961  to the provisions of this subsection.
  962         (h) The initiation of a trustee foreclosure action operates
  963  as a lis pendens on the timeshare interest pursuant to s. 48.23
  964  if a notice of lis pendens is recorded in the official records
  965  of the county or counties in which the mortgage is recorded and
  966  such notice has not expired pursuant to s. 48.23(2) or been
  967  withdrawn or discharged. The notice of lis pendens must contain
  968  the following:
  969         1. The name of the obligor.
  970         2. The date of the initiation of the trustee foreclosure
  971  action, which date shall be the date of the sending of the
  972  notice of default and intent to foreclose to the obligor.
  973         3. The name and contact information of the trustee.
  974         4. The legal description of the timeshare interest.
  975         5. A statement that a trustee foreclosure action has been
  976  initiated against the timeshare interest pursuant to this
  977  section.
  978         (6) NOTICE OF SALE.—
  979         (c) After the date of recording of the notice of sale,
  980  notice is not required to be given to any person claiming an
  981  interest in the timeshare interest except as provided in this
  982  section. If a notice of lis pendens has not previously been
  983  recorded pursuant to paragraph (5)(h), the recording of the
  984  notice of sale has the same force and effect as the filing of a
  985  lis pendens in a judicial proceeding under s. 48.23.
  986         (d)1. The trustee shall publish the notice of sale in a
  987  newspaper of general circulation in the county or counties in
  988  which the timeshare interest is located at least once a week for
  989  2 consecutive weeks before the date of the sale. The last
  990  publication shall occur at least 5 calendar days before the
  991  sale.
  992         2. The trustee may group an unlimited number of notices of
  993  sale in the same publication, if all of the notices of sale
  994  pertain to the same timeshare plan.
  995         (7) MANNER OF SALE.—
  996         (b) The trustee shall conduct the sale and act as the
  997  auctioneer. The trustee may use a third party to conduct the
  998  sale on behalf of the trustee and the trustee is liable for the
  999  conduct of the sale and the actions of the third party with
 1000  respect to the conduct of the sale.
 1001         (13) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
 1002  PROCEDURE.—
 1003         (b) Any trustee who intentionally violates the provisions
 1004  of this section concerning the trustee foreclosure procedure
 1005  commits a felony of the third degree, punishable as provided in
 1006  s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
 1007  ascertains that the obligor signed the return receipt as
 1008  required in s. 721.856(5) does not violate this section if the
 1009  trustee made a good faith effort to properly ascertain that it
 1010  is the obligor who signed the return receipt in accordance with
 1011  subsection (5).
 1012         Section 8. This act shall take effect July 1, 2013.