Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 818
       
       
       
       
       
       
                                Ì841312lÎ841312                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/09/2017           .                                
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       The Committee on Regulated Industries (Hutson) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 56 - 177
    4  and insert:
    5  regime, the term, except as to any timeshare interest, timeshare
    6  unit, or other unit that is specifically subject to, or
    7  otherwise dedicated to, the multisite timeshare plan, does not
    8  include a developer; an owner of the underlying fee or owner of
    9  the underlying personal property; a mortgagee, judgment
   10  creditor, or other lienor; or any other person having an
   11  interest in or lien or encumbrance against a timeshare interest
   12  in such single-site timeshare plan, or an interest in or lien or
   13  encumbrance against a timeshare unit or other unit in such
   14  condominium or property regime. This paragraph is intended only
   15  as a clarification of existing law.
   16         Section 2. Subsection (11) is added to section 721.08,
   17  Florida Statutes, to read:
   18         721.08 Escrow accounts; nondisturbance instruments;
   19  alternate security arrangements; transfer of legal title.—
   20         (11) A timeshare instrument, declaration of condominium, or
   21  other instrument establishing or governing a component site
   22  property regime is not an encumbrance for purposes of this
   23  chapter and does not create a requirement for a nondisturbance
   24  and notice to creditors instrument for purposes of this section
   25  or a subordination and notice to creditors instrument for
   26  purposes of s. 721.53 from the managing entity, owners’
   27  association, or any other person. This subsection is intended
   28  only as a clarification of existing law.
   29         Section 3. Section 721.125, Florida Statutes, is amended to
   30  read:
   31         721.125 Extension or Termination of timeshare plans.—
   32         (1) Unless the timeshare instrument provides otherwise, the
   33  vote or written consent, or both, of 60 percent of all voting
   34  interests in a timeshare plan may extend or terminate the term
   35  of the timeshare plan at any time. If the term of a timeshare
   36  plan is extended pursuant to this section, all rights,
   37  privileges, duties, and obligations created under applicable law
   38  or the timeshare instrument continue in full force to the same
   39  extent as if the extended termination date of the timeshare plan
   40  were the original termination date of the timeshare plan. If a
   41  timeshare plan is terminated pursuant to this section, the
   42  termination has immediate effect pursuant to applicable law and
   43  the timeshare instrument as if the effective date of the
   44  termination were the original date of termination.
   45         (2) If a termination or extension vote or consent pursuant
   46  to subsection (1) is proposed for a component site of a
   47  multisite timeshare plan located in this state, the proposed
   48  termination or extension is effective only if the person
   49  authorized to make additions or substitutions of accommodations
   50  and facilities pursuant to the timeshare instrument also
   51  approves the termination or extension.
   52         (3)(a) If the timeshare property is managed by an owners’
   53  association that is separate from any underlying condominium,
   54  cooperative, or homeowners association, the termination of a
   55  timeshare plan does not change the corporate status of the
   56  owners’ association. The owners’ association continues to exist
   57  only for the purposes of concluding its affairs, prosecuting and
   58  defending actions by or against it, collecting and discharging
   59  obligations, disposing of and conveying its property, collecting
   60  and dividing its assets, and otherwise complying with this
   61  subsection.
   62         1. After termination of a timeshare plan, the board of
   63  administration of the owners’ association shall serve as the
   64  termination trustee, and in such fiduciary capacity may bring an
   65  action in partition on behalf of the tenants in common in each
   66  former timeshare property or sell the former timeshare property
   67  in any manner and to any person who is approved by a majority of
   68  all such tenants in common. The termination trustee also has all
   69  other powers reasonably necessary to effect the partition or
   70  sale of the former timeshare property, including the power to
   71  maintain the property during the pendency of any partition
   72  action or sale.
   73         2. All reasonable expenses incurred by the termination
   74  trustee relating to the performance of its duties pursuant to
   75  this subsection, including the reasonable fees of attorneys and
   76  other professionals, must be paid by the tenants in common of
   77  the former timeshare property subject to partition or sale,
   78  proportionate to their respective ownership interests.
   79         3. The termination trustee shall adopt reasonable
   80  procedures to implement the partition or sale of the former
   81  timeshare property and comply with the requirements of this
   82  subsection.
   83         (b) If a timeshare plan is terminated in a timeshare
   84  condominium or timeshare cooperative and the underlying
   85  condominium or cooperative is not simultaneously terminated, a
   86  majority of the tenants in common in each former timeshare unit
   87  present and voting in person or by proxy at a meeting of such
   88  tenants in common conducted by the termination trustee, or
   89  conducted by the board of administration of the condominium or
   90  cooperative association, if such association managed the former
   91  timeshare property, shall designate a voting representative for
   92  the unit and file a voting certificate with the condominium or
   93  cooperative association. The voting representative may vote on
   94  all matters at meetings of the condominium or cooperative
   95  association, including termination of the condominium or
   96  cooperative.
   97         (4)(3) This section applies only to a timeshare plan that
   98  has been in existence for at least 25 years as of the effective
   99  date of the termination or extension vote or consent required by
  100  subsection (1).
  101         Section 4. Section 721.1255, Florida Statutes, is created
  102  to read:
  103         721.1255 Extension of timeshare plans.—
  104         (1)(a) The Legislature finds that timeshare plans are
  105  created as authorized by statute. Most of the older timeshare
  106  properties located in this state are based on a condominium
  107  structure, and many of these older timeshare properties are
  108  approaching the termination dates set forth in their timeshare
  109  instruments.
  110         (b) The Legislature further finds that there are many older
  111  timeshare properties located in this state which have been well
  112  maintained over the years and continue to be financially
  113  supported, used, and enjoyed by their owners, exchangers,
  114  guests, renters, and others. In order to preserve the continued
  115  use, enjoyment, tax values, and overall viability of these
  116  timeshare properties, the Legislature further finds that the
  117  public policy of this state requires the creation of a statutory
  118  method to enable the owners of these timeshare properties to
  119  extend the terms of their timeshare plans, notwithstanding
  120  contrary provisions in their timeshare instruments which may
  121  create uncertainty for purchasers, prospective purchasers, and
  122  lenders, and which may discourage the ongoing maintenance,
  123  refurbishment, and improvement of these timeshare properties.
  124         (2)(a) Unless the timeshare instrument specifically
  125  provides a lower percentage, the vote or written consent, or
  126  both, of at least 66 percent of all eligible voting interests
  127  present in person or by proxy at a duly noticed, called, and
  128  constituted