Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (453996) for CS for SB 1050
       
       
       
       
       
       
                                Ì106954=Î106954                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/25/2016           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Ring) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1207 and 1208
    4  insert:
    5         Section 49. Paragraph (b) of subsection (13) of section
    6  718.111, Florida Statutes, is amended to read:
    7         718.111 The association.—
    8         (13) FINANCIAL REPORTING.—Within 90 days after the end of
    9  the fiscal year, or annually on a date provided in the bylaws,
   10  the association shall prepare and complete, or contract for the
   11  preparation and completion of, a financial report for the
   12  preceding fiscal year. Within 21 days after the final financial
   13  report is completed by the association or received from the
   14  third party, but not later than 120 days after the end of the
   15  fiscal year or other date as provided in the bylaws, the
   16  association shall mail to each unit owner at the address last
   17  furnished to the association by the unit owner, or hand deliver
   18  to each unit owner, a copy of the financial report or a notice
   19  that a copy of the financial report will be mailed or hand
   20  delivered to the unit owner, without charge, upon receipt of a
   21  written request from the unit owner. The division shall adopt
   22  rules setting forth uniform accounting principles and standards
   23  to be used by all associations and addressing the financial
   24  reporting requirements for multicondominium associations. The
   25  rules must include, but not be limited to, standards for
   26  presenting a summary of association reserves, including a good
   27  faith estimate disclosing the annual amount of reserve funds
   28  that would be necessary for the association to fully fund
   29  reserves for each reserve item based on the straight-line
   30  accounting method. This disclosure is not applicable to reserves
   31  funded via the pooling method. In adopting such rules, the
   32  division shall consider the number of members and annual
   33  revenues of an association. Financial reports shall be prepared
   34  as follows:
   35         (b)1. An association with total annual revenues of less
   36  than $150,000 shall prepare a report of cash receipts and
   37  expenditures.
   38         2. An association that operates fewer than 50 units,
   39  regardless of the association’s annual revenues, shall prepare a
   40  report of cash receipts and expenditures in lieu of financial
   41  statements required by paragraph (a).
   42         2.3. A report of cash receipts and disbursements must
   43  disclose the amount of receipts by accounts and receipt
   44  classifications and the amount of expenses by accounts and
   45  expense classifications, including, but not limited to, the
   46  following, as applicable: costs for security, professional and
   47  management fees and expenses, taxes, costs for recreation
   48  facilities, expenses for refuse collection and utility services,
   49  expenses for lawn care, costs for building maintenance and
   50  repair, insurance costs, administration and salary expenses, and
   51  reserves accumulated and expended for capital expenditures,
   52  deferred maintenance, and any other category for which the
   53  association maintains reserves.
   54  
   55  Such meeting and approval must occur before the end of the
   56  fiscal year and is effective only for the fiscal year in which
   57  the vote is taken, except that the approval may also be
   58  effective for the following fiscal year. If the developer has
   59  not turned over control of the association, all unit owners,
   60  including the developer, may vote on issues related to the
   61  preparation of the association’s financial reports, from the
   62  date of incorporation of the association through the end of the
   63  second fiscal year after the fiscal year in which the
   64  certificate of a surveyor and mapper is recorded pursuant to s.
   65  718.104(4)(e) or an instrument that transfers title to a unit in
   66  the condominium which is not accompanied by a recorded
   67  assignment of developer rights in favor of the grantee of such
   68  unit is recorded, whichever occurs first. Thereafter, all unit
   69  owners except the developer may vote on such issues until
   70  control is turned over to the association by the developer. Any
   71  audit or review prepared under this section shall be paid for by
   72  the developer if done before turnover of control of the
   73  association. An association may not waive the financial
   74  reporting requirements of this section for more than 3
   75  consecutive years.
   76         Section 50. Paragraph (c) of subsection (4) of section
   77  719.104, Florida Statutes, is amended to read:
   78         719.104 Cooperatives; access to units; records; financial
   79  reports; assessments; purchase of leases.—
   80         (4) FINANCIAL REPORT.—
   81         (c)1. An association with total annual revenues of less
   82  than $150,000 shall prepare a report of cash receipts and
   83  expenditures.
   84         2. An association in a community of fewer than 50 units,
   85  regardless of the association’s annual revenues, shall prepare a
   86  report of cash receipts and expenditures in lieu of the
   87  financial statements required by paragraph (b), unless the
   88  declaration or other recorded governing documents provide
   89  otherwise.
   90         2.3. A report of cash receipts and expenditures must
   91  disclose the amount of receipts by accounts and receipt
   92  classifications and the amount of expenses by accounts and
   93  expense classifications, including the following, as applicable:
   94  costs for security, professional, and management fees and
   95  expenses; taxes; costs for recreation facilities; expenses for
   96  refuse collection and utility services; expenses for lawn care;
   97  costs for building maintenance and repair; insurance costs;
   98  administration and salary expenses; and reserves, if maintained
   99  by the association.
  100         Section 51. Paragraph (b) of subsection (7) of section
  101  720.303, Florida Statutes, is amended to read:
  102         720.303 Association powers and duties; meetings of board;
  103  official records; budgets; financial reporting; association
  104  funds; recalls.—
  105         (7) FINANCIAL REPORTING.—Within 90 days after the end of
  106  the fiscal year, or annually on the date provided in the bylaws,
  107  the association shall prepare and complete, or contract with a
  108  third party for the preparation and completion of, a financial
  109  report for the preceding fiscal year. Within 21 days after the
  110  final financial report is completed by the association or
  111  received from the third party, but not later than 120 days after
  112  the end of the fiscal year or other date as provided in the
  113  bylaws, the association shall, within the time limits set forth
  114  in subsection (5), provide each member with a copy of the annual
  115  financial report or a written notice that a copy of the
  116  financial report is available upon request at no charge to the
  117  member. Financial reports shall be prepared as follows:
  118         (b)1. An association with total annual revenues of less
  119  than $150,000 shall prepare a report of cash receipts and
  120  expenditures.
  121         2. An association in a community of fewer than 50 parcels,
  122  regardless of the association’s annual revenues, may prepare a
  123  report of cash receipts and expenditures in lieu of financial
  124  statements required by paragraph (a) unless the governing
  125  documents provide otherwise.
  126         2.3. A report of cash receipts and disbursement must
  127  disclose the amount of receipts by accounts and receipt
  128  classifications and the amount of expenses by accounts and
  129  expense classifications, including, but not limited to, the
  130  following, as applicable: costs for security, professional, and
  131  management fees and expenses; taxes; costs for recreation
  132  facilities; expenses for refuse collection and utility services;
  133  expenses for lawn care; costs for building maintenance and
  134  repair; insurance costs; administration and salary expenses; and
  135  reserves if maintained by the association.
  136  
  137  ================= T I T L E  A M E N D M E N T ================
  138  And the title is amended as follows:
  139         Delete lines 2 - 139
  140  and insert:
  141         An act relating to the Department of Business and
  142         Professional Regulation; amending s. 326.004, F.S.;
  143         deleting a requirement that yacht and ship brokers
  144         maintain a separate license for each branch office and
  145         related fees; amending s. 447.02, F.S.; deleting a
  146         definition; repealing s. 447.04, F.S., relating to
  147         business agents, licenses, and permits; repealing s.
  148         447.041, F.S., relating to hearings; repealing s.
  149         447.045, F.S., relating to certain confidential
  150         information; repealing s. 447.06, F.S., relating to
  151         the required registration of labor organizations;
  152         amending s. 447.09, F.S.; deleting prohibitions
  153         against specified actions; repealing s. 447.12, F.S.,
  154         relating to registration fees; repealing s. 447.16,
  155         F.S., relating to the applicability of ch. 447, F.S.;
  156         amending s. 468.401, F.S.; deleting the definitions of
  157         the terms “department,” “license,” and “licensee”;
  158         repealing s. 468.402, F.S., relating to the duties of
  159         the Department of Business and Professional
  160         Regulation; repealing s. 468.403, F.S., relating to
  161         licensure and application requirements for owners and
  162         operators of talent agencies; repealing s. 468.404,
  163         F.S., relating to fees and renewal of talent agency
  164         licenses; repealing s. 468.405, F.S., relating to
  165         qualification for talent agency licenses; amending s.
  166         468.406, F.S.; deleting the requirement for talent
  167         agencies to file with the department an itemized
  168         schedule of certain fees and an amended or
  169         supplemental schedule under certain circumstances;
  170         repealing s. 468.407, F.S., relating to license
  171         contents and posting; amending s. 468.408, F.S.;
  172         deleting a requirement that a talent agency file a
  173         bond for each talent agency license; deleting a
  174         departmental requirement to approve talent agency
  175         bonds; requiring that a bonding company notify the
  176         talent agency, rather than notifying the department,
  177         of certain claims; amending s. 468.409, F.S.; deleting
  178         provisions requiring talent agencies to make specified
  179         records readily available for inspection by the
  180         department; amending s. 468.410, F.S.; deleting a
  181         reference to the department in talent agency
  182         contracts; amending s. 468.412, F.S.; revising the
  183         requirements for talent agencies to enter in the
  184         talent agency records; revising the requirements for
  185         talent agencies to post certain laws and rules;
  186         revising the information required in talent agency
  187         publications; amending s. 468.413, F.S.; deleting
  188         provisions relating to criminal violations for failing
  189         to obtain or maintain licensure with the department;
  190         deleting provisions authorizing the court to suspend
  191         or revoke a license; deleting a provision authorizing
  192         the court to bring certain actions; repealing s.
  193         468.414, F.S., relating to collection and deposit of
  194         fines, fees, and penalties collected by the
  195         department; amending s. 468.415, F.S.; deleting a
  196         provision authorizing the department to revoke a
  197         license; amending s. 468.451, F.S.; revising
  198         legislative intent related to the regulation of
  199         athlete agents; reordering and amending s. 468.452,
  200         F.S.; deleting the term “department”; repealing s.
  201         468.453, F.S., relating to the licensure of athlete
  202         agents; repealing s. 468.4536, F.S., relating to
  203         renewal of such licenses; amending s. 468.454, F.S.;
  204         revising the information that must be stated in agent
  205         contracts; deleting a condition under which an agent
  206         contract is void and unenforceable; repealing s.
  207         468.456, F.S., relating to prohibited acts for athlete
  208         agents; repealing s. 468.4561, F.S., relating to
  209         unlicensed activity and penalties for violations;
  210         amending s. 468.45615, F.S.; conforming provisions to
  211         changes made by the act; amending s. 468.4565, F.S.;
  212         deleting provisions authorizing the department to
  213         access and inspect certain records of athlete agents
  214         and related disciplinary actions and subpoena powers;
  215         repealing s. 468.457, F.S., relating to rulemaking
  216         authority; amending s. 469.006, F.S.; requiring that a
  217         license be in the name of a qualifying agent rather
  218         than the name of a business organization; requiring
  219         the qualifying agent, rather than the business
  220         organization, to report certain changes in
  221         information; conforming provisions to changes made by
  222         the act; amending s. 469.009, F.S.; deleting the
  223         authority of the department to reprimand, censure, or
  224         impose probation on certain business organizations;
  225         amending s. 477.0135, F.S.; providing that a license
  226         or registration is not required for a person whose
  227         occupation or practice is confined solely to adding
  228         polish to nails; amending s. 481.203, F.S.; defining
  229         the term “business organization”; deleting the
  230         definition of the term “certificate of authorization”;
  231         amending s. 481.219, F.S.; revising the process by
  232         which a business organization obtains the requisite
  233         license to perform architectural services; requiring
  234         that a licensee or an applicant apply to qualify a
  235         business organization under certain circumstances;
  236         specifying application requirements; authorizing the
  237         Board of Architecture and Interior Design to deny an
  238         application under certain circumstances; requiring
  239         that a qualifying agent be a registered architect or a
  240         registered interior designer under certain
  241         circumstances; requiring that a qualifying agent
  242         notify the department when she or he ceases to be
  243         affiliated with a business organization; prohibiting a
  244         business organization from engaging in certain
  245         practices until it is qualified by a qualifying agent;
  246         authorizing the executive director or the chair of the
  247         board to authorize a certain registered architect or
  248         interior designer to temporarily serve as the business
  249         organization’s qualifying agent for a specified
  250         timeframe under certain circumstances; requiring the
  251         qualifying agent to give written notice to the
  252         department before engaging in practice under her or
  253         his own name or in affiliation with another business
  254         organization; requiring the board to certify an
  255         applicant to qualify one or more business
  256         organizations or to operate using a fictitious name
  257         under certain circumstances; conforming provisions to
  258         changes made by the act; amending s. 481.221, F.S.;
  259         requiring a business organization to include the
  260         license number of a certain registered architect or
  261         interior designer in any advertising; providing an
  262         exception; conforming provisions to changes made by
  263         the act; amending s. 481.229, F.S.; conforming
  264         provisions to changes made by the act; reordering and
  265         amending s. 481.303, F.S.; deleting the term
  266         “certificate of authorization”; amending s. 481.321,
  267         F.S.; revising provisions that require persons to
  268         display certificate numbers under certain
  269         circumstances; conforming provisions to changes made
  270         by the act; amending ss. 481.311, 481.317, and
  271         481.319, F.S.; conforming provisions to changes made
  272         by the act; amending s. 481.329, F.S.; conforming a
  273         cross-reference; amending s. 489.503, F.S.; revising
  274         an exemption from regulation for certain persons;
  275         exempting a person who installs certain low-voltage
  276         landscape lighting from specified requirements;
  277         amending s. 489.518, F.S.; exempting certain persons
  278         from initial training for burglar alarm system agents;
  279         amending ss. 718.111 and 719.104, F.S.; deleting
  280         provisions requiring certain associations to file a
  281         financial report; amending s. 720.303, F.S.; deleting
  282         a provision authorizing a certain association to
  283         prepare a specified report;