Florida Senate - 2024                                    SB 1378
       
       
        
       By Senator Pizzo
       
       
       
       
       
       37-01077A-24                                          20241378__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Florida
    3         Condominiums, Timeshares, and Mobile Homes;
    4         transferring the division to the Department of Legal
    5         Affairs by a type two transfer on a date certain;
    6         requiring the Department of Business and Professional
    7         Regulation and the Department of Legal Affairs to
    8         enter into a memorandum of agreement by a date
    9         certain; requiring the Department of Legal Affairs to
   10         develop rules and procedures for resolving certain
   11         disputes to include all possible means of alternative
   12         dispute resolution; amending ss. 20.165, 192.037,
   13         213.053, 326.002, 455.116, 475.011, 475.455, 546.10,
   14         558.002, 714.17, 718.103, 718.112, 718.116, 718.117,
   15         718.1255, 718.503, 719.103, 719.108, 719.1255,
   16         719.501, 719.503, 720.301, 720.30851, 721.05, 721.11,
   17         721.13, 723.003, 721.82, 723.061, 723.0611, and
   18         723.06115, F.S.; conforming provisions to changes made
   19         by the act; conforming cross-references; amending s.
   20         723.006, F.S.; deleting obsolete language; providing
   21         effective dates.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Effective July 1, 2025, all powers, duties,
   26  functions, records, offices, personnel, associated
   27  administrative support positions, property, pending issues,
   28  existing contracts, administrative authority, administrative
   29  rules, and unexpended balances of appropriations, allocations,
   30  and other funds for the Division of Florida Condominiums,
   31  Timeshares, and Mobile Homes of the Department of Business and
   32  Professional Regulation are transferred by a type two transfer,
   33  as defined in s. 20.06(2), Florida Statutes, to the Department
   34  of Legal Affairs.
   35         Section 2. Effective July 1, 2024, the Department of
   36  Business and Professional Regulation and the Department of Legal
   37  Affairs shall enter into a memorandum of agreement regarding the
   38  type two transfer of the Division of Florida Condominiums,
   39  Timeshares, and Mobile Homes before January 1, 2025. The
   40  agreement must address all aspects of the transfer identified in
   41  section 1 of this act after the July 1, 2025, type two transfer
   42  of authority.
   43         Section 3. Upon the transfer of the Division of Florida
   44  Condominiums, Timeshares, and Mobile Homes to the Department of
   45  Legal Affairs, the Department of Legal Affairs shall adopt rules
   46  and procedures for resolving disputes related to condominiums,
   47  timeshares, and mobile homes to include all possible means of
   48  alternative dispute resolution under s. 718.501, Florida
   49  Statutes.
   50         Section 4. Paragraph (e) of subsection (2) of section
   51  20.165, Florida Statutes, is amended to read:
   52         20.165 Department of Business and Professional Regulation.
   53  There is created a Department of Business and Professional
   54  Regulation.
   55         (2) The following divisions of the Department of Business
   56  and Professional Regulation are established:
   57         (e)Division of Florida Condominiums, Timeshares, and
   58  Mobile Homes.
   59         Section 5. Paragraph (e) of subsection (6) of section
   60  192.037, Florida Statutes, is amended to read:
   61         192.037 Fee timeshare real property; taxes and assessments;
   62  escrow.—
   63         (6)
   64         (e) On or before May 1 of each year, a statement of
   65  receipts and disbursements of the escrow account must be filed
   66  with the Division of Florida Condominiums, Timeshares, and
   67  Mobile Homes of the Department of Legal Affairs Business and
   68  Professional Regulation, which may enforce this paragraph
   69  pursuant to s. 721.26. This statement must appropriately show
   70  the amount of principal and interest in such account.
   71         Section 6. Paragraph (i) of subsection (8) of section
   72  213.053, Florida Statutes, is amended to read:
   73         213.053 Confidentiality and information sharing.—
   74         (8) Notwithstanding any other provision of this section,
   75  the department may provide:
   76         (i) Information relative to chapters 212 and 326 to the
   77  Division of Florida Condominiums, Timeshares, and Mobile Homes
   78  of the Department of Legal Affairs Business and Professional
   79  Regulation in the conduct of its official duties.
   80  
   81  Disclosure of information under this subsection shall be
   82  pursuant to a written agreement between the executive director
   83  and the agency. Such agencies, governmental or nongovernmental,
   84  shall be bound by the same requirements of confidentiality as
   85  the Department of Revenue. Breach of confidentiality is a
   86  misdemeanor of the first degree, punishable as provided by s.
   87  775.082 or s. 775.083.
   88         Section 7. Subsection (2) of section 326.002, Florida
   89  Statutes, is amended to read:
   90         326.002 Definitions.—As used in ss. 326.001-326.006, the
   91  term:
   92         (2) “Division” means the Division of Florida Condominiums,
   93  Timeshares, and Mobile Homes of the Department of Legal Affairs
   94  Business and Professional Regulation.
   95         Section 8. Subsection (5) of section 455.116, Florida
   96  Statutes, is amended to read:
   97         455.116 Regulation trust funds.—The following trust funds
   98  shall be placed in the department:
   99         (5)Division of Florida Condominiums, Timeshares, and
  100  Mobile Homes Trust Fund.
  101         Section 9. Paragraph (b) of subsection (8) of section
  102  475.011, Florida Statutes, is amended to read:
  103         475.011 Exemptions.—This part does not apply to:
  104         (8)
  105         (b) An exchange company, as that term is defined by s.
  106  721.05 s. 721.05(15), but only to the extent that the exchange
  107  company is engaged in exchange program activities as described
  108  in and is in compliance with s. 721.18.
  109         Section 10. Section 475.455, Florida Statutes, is amended
  110  to read:
  111         475.455 Exchange of disciplinary information.—The
  112  commission shall inform the Division of Florida Condominiums,
  113  Timeshares, and Mobile Homes of the Department of Legal Affairs
  114  Business and Professional Regulation of any disciplinary action
  115  the commission has taken against any of its licensees. The
  116  division shall inform the commission of any disciplinary action
  117  the division has taken against any broker or sales associate
  118  registered with the division.
  119         Section 11. Subsection (6) of section 546.10, Florida
  120  Statutes, is amended to read:
  121         546.10 Amusement games or machines.—
  122         (6)(a) A Type B amusement game or machine may only be
  123  operated at:
  124         1. A facility as defined in s. 721.05 s. 721.05(17) that is
  125  under the control of a timeshare plan.
  126         2. A public lodging establishment or public food service
  127  establishment licensed pursuant to chapter 509.
  128         3. The following premises, if the owner or operator of the
  129  premises has a current license issued by the Department of
  130  Business and Professional Regulation pursuant to chapter 509,
  131  chapter 561, chapter 562, chapter 563, chapter 564, chapter 565,
  132  chapter 567, or chapter 568:
  133         a. An arcade amusement center;
  134         b. A bowling center, as defined in s. 849.141; or
  135         c. A truck stop.
  136         (b) A Type C amusement game or machine may only be operated
  137  at:
  138         1. A facility as defined in s. 721.05 s. 721.05(17) that is
  139  under the control of a timeshare plan;
  140         2. An arcade amusement center;
  141         3. A bowling center, as defined in s. 849.141;
  142         4. The premises of a retailer, as defined in s. 212.02;
  143         5. A public lodging establishment or public food service
  144  establishment licensed pursuant to chapter 509;
  145         6. A truck stop; or
  146         7. The premises of a veterans’ service organization granted
  147  a federal charter under Title 36, U.S.C., or a division,
  148  department, post, or chapter of such organization, for which an
  149  alcoholic beverage license has been issued.
  150         Section 12. Subsection (2) of section 558.002, Florida
  151  Statutes, is amended to read:
  152         558.002 Definitions.—As used in this chapter, the term:
  153         (2) “Association” has the same meaning as in s. 718.103, s.
  154  719.103 s. 719.103(2), s. 720.301(9), or s. 723.075.
  155         Section 13. Subsection (1) of section 714.17, Florida
  156  Statutes, is amended to read:
  157         714.17 Executory contract.—
  158         (1) For the purposes of this section, the term “timeshare
  159  interest” has the same meaning as in s. 721.05 s. 721.05(36).
  160         Section 14. Subsections (17) through (32) of section
  161  718.103, Florida Statutes, are renumbered as subsections (18)
  162  through (33), respectively, present subsections (18) and (24)
  163  are amended, and a new subsection (17) is added to that section,
  164  to read:
  165         718.103 Definitions.—As used in this chapter, the term:
  166         (17)“Department” means the Department of Legal Affairs.
  167         (19)(18) “Division” means the Division of Florida
  168  Condominiums, Timeshares, and Mobile Homes of the Department of
  169  Legal Affairs Business and Professional Regulation.
  170         (20)(24) “Residential condominium” means a condominium
  171  consisting of two or more units, any of which are intended for
  172  use as a private temporary or permanent residence, except that a
  173  condominium is not a residential condominium if the use for
  174  which the units are intended is primarily commercial or
  175  industrial and not more than three units are intended to be used
  176  for private residence, and are intended to be used as housing
  177  for maintenance, managerial, janitorial, or other operational
  178  staff of the condominium. With respect to a condominium that is
  179  not a timeshare condominium, a residential unit includes a unit
  180  intended as a private temporary or permanent residence as well
  181  as a unit not intended for commercial or industrial use. With
  182  respect to a timeshare condominium, the timeshare instrument as
  183  defined in s. 721.05 s. 721.05(35) shall govern the intended use
  184  of each unit in the condominium. If a condominium is a
  185  residential condominium but contains units intended to be used
  186  for commercial or industrial purposes, then, with respect to
  187  those units which are not intended for or used as private
  188  residences, the condominium is not a residential condominium. A
  189  condominium which contains both commercial and residential units
  190  is a mixed-use condominium and is subject to the requirements of
  191  s. 718.404.
  192         Section 15. Paragraph (k) of subsection (2) of section
  193  718.112, Florida Statutes, is amended to read:
  194         718.112 Bylaws.—
  195         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  196  following and, if they do not do so, shall be deemed to include
  197  the following:
  198         (k) Transfer fees.—An association may not charge a fee in
  199  connection with the sale, mortgage, lease, sublease, or other
  200  transfer of a unit unless the association is required to approve
  201  such transfer and a fee for such approval is provided for in the
  202  declaration, articles, or bylaws. Any such fee may be preset but
  203  may not exceed $150 per applicant. For the purpose of
  204  calculating the fee, spouses or a parent or parents and any
  205  dependent children are considered one applicant. However, if the
  206  lease or sublease is a renewal of a lease or sublease with the
  207  same lessee or sublessee, a charge may not be made. Such fees
  208  must be adjusted every 5 years in an amount equal to the total
  209  of the annual increases occurring in the Consumer Price Index
  210  for All Urban Consumers, U.S. City Average, All Items during
  211  that 5-year period. The division Department of Business and
  212  Professional Regulation shall periodically calculate the fees,
  213  rounded to the nearest dollar, and publish the amounts, as
  214  adjusted, on its website. The foregoing notwithstanding, if the
  215  authority to do so appears in the declaration, articles, or
  216  bylaws, an association may require that a prospective lessee
  217  place a security deposit, in an amount not to exceed the
  218  equivalent of 1 month’s rent, into an escrow account maintained
  219  by the association. The security deposit shall protect against
  220  damages to the common elements or association property. Payment
  221  of interest, claims against the deposit, refunds, and disputes
  222  under this paragraph shall be handled in the same fashion as
  223  provided in part II of chapter 83.
  224         Section 16. Paragraph (i) of subsection (8) of section
  225  718.116, Florida Statutes, is amended to read:
  226         718.116 Assessments; liability; lien and priority;
  227  interest; collection.—
  228         (8) Within 10 business days after receiving a written or
  229  electronic request therefor from a unit owner or the unit
  230  owner’s designee, or a unit mortgagee or the unit mortgagee’s
  231  designee, the association shall issue the estoppel certificate.
  232  Each association shall designate on its website a person or
  233  entity with a street or e-mail address for receipt of a request
  234  for an estoppel certificate issued pursuant to this section. The
  235  estoppel certificate must be provided by hand delivery, regular
  236  mail, or e-mail to the requestor on the date of issuance of the
  237  estoppel certificate.
  238         (i) The fees specified in this subsection shall be adjusted
  239  every 5 years in an amount equal to the total of the annual
  240  increases for that 5-year period in the Consumer Price Index for
  241  All Urban Consumers, U.S. City Average, All Items. The division
  242  Department of Business and Professional Regulation shall
  243  periodically calculate the fees, rounded to the nearest dollar,
  244  and publish the amounts, as adjusted, on its website.
  245         Section 17. Paragraph (c) of subsection (2) of section
  246  718.117, Florida Statutes, is amended to read:
  247         718.117 Termination of condominium.—
  248         (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
  249  IMPOSSIBILITY.—
  250         (c) Notwithstanding paragraph (a), a condominium that
  251  includes units and timeshare estates where the improvements have
  252  been totally destroyed or demolished may be terminated pursuant
  253  to a plan of termination proposed by a unit owner upon the
  254  filing of a petition in court seeking equitable relief. Within
  255  10 days after the filing of a petition as provided in this
  256  paragraph and in lieu of the requirements of paragraph (15)(a),
  257  the petitioner shall record the proposed plan of termination and
  258  mail a copy of the proposed plan and a copy of the petition to:
  259         1. If the association has not been dissolved as a matter of
  260  law, each member of the board of directors of the association
  261  identified in the most recent annual report filed with the
  262  Department of State and the registered agent of the association;
  263         2. The managing entity as defined in s. 721.05 s.
  264  721.05(22);
  265         3. Each unit owner and each timeshare estate owner at the
  266  address reflected in the official records of the association,
  267  or, if the association records cannot be obtained by the
  268  petitioner, each unit owner and each timeshare estate owner at
  269  the address listed in the office of the tax collector for tax
  270  notices; and
  271         4. Each holder of a recorded mortgage lien affecting a unit
  272  or timeshare estate at the address appearing on the recorded
  273  mortgage or any recorded assignment thereof.
  274  
  275  The association, if it has not been dissolved as a matter of
  276  law, acting as class representative, or the managing entity as
  277  defined in s. 721.05 s. 721.05(22), any unit owner, any
  278  timeshare estate owner, or any holder of a recorded mortgage
  279  lien affecting a unit or timeshare estate may intervene in the
  280  proceedings to contest the proposed plan of termination brought
  281  pursuant to this paragraph. The provisions of subsection (9), to
  282  the extent inconsistent with this paragraph, and subsection (16)
  283  are not applicable to a party contesting a plan of termination
  284  under this paragraph. If no party intervenes to contest the
  285  proposed plan within 45 days after the filing of the petition,
  286  the petitioner may move the court to enter a final judgment to
  287  authorize implementation of the plan of termination. If a party
  288  timely intervenes to contest the proposed plan, the plan may not
  289  be implemented until a final judgment has been entered by the
  290  court finding that the proposed plan of termination is fair and
  291  reasonable and authorizing implementation of the plan.
  292         Section 18. Subsection (4) of section 718.1255, Florida
  293  Statutes, is amended to read:
  294         718.1255 Alternative dispute resolution; mediation;
  295  nonbinding arbitration; applicability.—
  296         (4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The
  297  Division of Florida Condominiums, Timeshares, and Mobile Homes
  298  of the Department of Legal Affairs Business and Professional
  299  Regulation may employ full-time attorneys to act as arbitrators
  300  to conduct the arbitration hearings provided by this chapter.
  301  The division may also certify attorneys who are not employed by
  302  the division to act as arbitrators to conduct the arbitration
  303  hearings provided by this chapter. A person may not be employed
  304  by the department as a full-time arbitrator unless he or she is
  305  a member in good standing of The Florida Bar. A person may only
  306  be certified by the division to act as an arbitrator if he or
  307  she has been a member in good standing of The Florida Bar for at
  308  least 5 years and has mediated or arbitrated at least 10
  309  disputes involving condominiums in this state during the 3 years
  310  immediately preceding the date of application, mediated or
  311  arbitrated at least 30 disputes in any subject area in this
  312  state during the 3 years immediately preceding the date of
  313  application, or attained board certification in real estate law
  314  or condominium and planned development law from The Florida Bar.
  315  Arbitrator certification is valid for 1 year. An arbitrator who
  316  does not maintain the minimum qualifications for initial
  317  certification may not have his or her certification renewed. The
  318  department may not enter into a legal services contract for an
  319  arbitration hearing under this chapter with an attorney who is
  320  not a certified arbitrator unless a certified arbitrator is not
  321  available within 50 miles of the dispute. The department shall
  322  adopt rules of procedure to govern such arbitration hearings
  323  including mediation incident thereto. The decision of an
  324  arbitrator is final; however, a decision is not deemed final
  325  agency action. Nothing in This subsection does not provision
  326  shall be construed to foreclose parties from proceeding in a
  327  trial de novo unless the parties have agreed that the
  328  arbitration is binding. If judicial proceedings are initiated,
  329  the final decision of the arbitrator is admissible in evidence
  330  in the trial de novo.
  331         (a) Before the institution of court litigation, a party to
  332  a dispute, other than an election or recall dispute, shall
  333  either petition the division for nonbinding arbitration or
  334  initiate presuit mediation as provided in subsection (5).
  335  Arbitration is binding on the parties if all parties in
  336  arbitration agree to be bound in a writing filed in arbitration.
  337  The petition must be accompanied by a filing fee in the amount
  338  of $50. Filing fees collected under this section must be used to
  339  defray the expenses of the alternative dispute resolution
  340  program.
  341         (b) The petition must recite, and have attached thereto,
  342  supporting proof that the petitioner gave the respondents all of
  343  the following:
  344         1. Advance written notice of the specific nature of the
  345  dispute.;
  346         2. A demand for relief, and a reasonable opportunity to
  347  comply or to provide the relief.; and
  348         3. Notice of the intention to file an arbitration petition
  349  or other legal action in the absence of a resolution of the
  350  dispute.
  351  
  352  Failure to include the allegations or proof of compliance with
  353  these prerequisites requires dismissal of the petition without
  354  prejudice.
  355         (c) Upon receipt, the petition shall be promptly reviewed
  356  by the division shall promptly review the petition to determine
  357  the existence of a dispute and compliance with the requirements
  358  of paragraphs (a) and (b). If emergency relief is required and
  359  is not available through arbitration, a motion to stay the
  360  arbitration may be filed. The motion must be accompanied by a
  361  verified petition alleging facts that, if proven, would support
  362  entry of a temporary injunction, and if an appropriate motion
  363  and supporting papers are filed, the division may abate the
  364  arbitration pending a court hearing and disposition of a motion
  365  for temporary injunction.
  366         (d) Upon determination by the division that a dispute
  367  exists and that the petition substantially meets the
  368  requirements of paragraphs (a) and (b) and any other applicable
  369  rules, the division shall assign or enter into a contract with
  370  an arbitrator and serve a copy of the petition upon all
  371  respondents. The arbitrator shall conduct a hearing within 30
  372  days after being assigned or entering into a contract unless the
  373  petition is withdrawn or a continuance is granted for good cause
  374  shown.
  375         (e) Before or after the filing of the respondents’ answer
  376  to the petition, any party may request that the arbitrator refer
  377  the case to mediation under this section and any rules adopted
  378  by the division. Upon receipt of a request for mediation, the
  379  division shall promptly contact the parties to determine if
  380  there is agreement that mediation would be appropriate. If all
  381  parties agree, the dispute must be referred to mediation.
  382  Notwithstanding a lack of an agreement by all parties, the
  383  arbitrator may refer a dispute to mediation at any time.
  384         (f) Upon referral of a case to mediation, the parties must
  385  select a mutually acceptable mediator. To assist in the
  386  selection, the arbitrator shall provide the parties with a list
  387  of both volunteer and paid mediators who that have been
  388  certified by the division under s. 718.501. If the parties are
  389  unable to agree on a mediator within the time allowed by the
  390  arbitrator, the arbitrator shall appoint a mediator from the
  391  list of certified mediators. If a case is referred to mediation,
  392  the parties shall attend a mediation conference, as scheduled by
  393  the parties and the mediator. If any party fails to attend a
  394  duly noticed mediation conference, without the permission or
  395  approval of the arbitrator or mediator, the arbitrator must
  396  impose sanctions against the party, including the striking of
  397  any pleadings filed, the entry of an order of dismissal or
  398  default if appropriate, and the award of costs and attorney fees
  399  incurred by the other parties. Unless otherwise agreed to by the
  400  parties or as provided by order of the arbitrator, a party is
  401  deemed to have appeared at a mediation conference by the
  402  physical presence of the party or its representative having full
  403  authority to settle without further consultation, provided that
  404  an association may comply by having one or more representatives
  405  present with full authority to negotiate a settlement and
  406  recommend that the board of administration ratify and approve
  407  such a settlement within 5 days after from the date of the
  408  mediation conference. The parties shall share equally the
  409  expense of mediation, unless they agree otherwise.
  410         (g) The purpose of mediation as provided for by this
  411  section is to present the parties with an opportunity to resolve
  412  the underlying dispute in good faith, and with a minimum
  413  expenditure of time and resources.
  414         (h) Mediation proceedings must generally be conducted in
  415  accordance with the Florida Rules of Civil Procedure, and these
  416  proceedings are privileged and confidential to the same extent
  417  as court-ordered mediation. Persons who are not parties to the
  418  dispute are not allowed to attend the mediation conference
  419  without the consent of all parties, with the exception of
  420  counsel for the parties and corporate representatives designated
  421  to appear for a party. If the mediator declares an impasse after
  422  a mediation conference has been held, the arbitration proceeding
  423  terminates, unless all parties agree in writing to continue the
  424  arbitration proceeding, in which case the arbitrator’s decision
  425  is shall be binding or nonbinding, as agreed upon by the
  426  parties.; In the arbitration proceeding, the arbitrator may
  427  shall not consider any evidence relating to the unsuccessful
  428  mediation except in a proceeding to impose sanctions for failure
  429  to appear at the mediation conference. If the parties do not
  430  agree to continue arbitration, the arbitrator shall enter an
  431  order of dismissal, and either party may institute a suit in a
  432  court of competent jurisdiction. The parties may seek to recover
  433  any costs and attorney fees incurred in connection with
  434  arbitration and mediation proceedings under this section as part
  435  of the costs and fees that may be recovered by the prevailing
  436  party in any subsequent litigation.
  437         (i) Arbitration must shall be conducted according to rules
  438  adopted by the division. The filing of a petition for
  439  arbitration tolls shall toll the applicable statute of
  440  limitations.
  441         (j) At the request of any party to the arbitration, the
  442  arbitrator shall issue subpoenas for the attendance of witnesses
  443  and the production of books, records, documents, and other
  444  evidence and any party on whose behalf a subpoena is issued may
  445  apply to the court for orders compelling such attendance and
  446  production. Subpoenas must shall be served and are shall be
  447  enforceable in the manner provided by the Florida Rules of Civil
  448  Procedure. Discovery may, in the discretion of the arbitrator,
  449  be permitted in the manner provided by the Florida Rules of
  450  Civil Procedure. Rules adopted by the division may authorize any
  451  reasonable sanctions except contempt for a violation of the
  452  arbitration procedural rules of the division or for the failure
  453  of a party to comply with a reasonable nonfinal order issued by
  454  an arbitrator which is not under judicial review.
  455         (k) The arbitration decision must shall be rendered within
  456  30 days after the hearing and presented to the parties in
  457  writing. An arbitration decision is final in those disputes in
  458  which the parties have agreed to be bound. An arbitration
  459  decision is also final if a complaint for a trial de novo is not
  460  filed in a court of competent jurisdiction in which the
  461  condominium is located within 30 days after receipt of the
  462  arbitration decision. The right to file for a trial de novo
  463  entitles the parties to file a complaint in the appropriate
  464  trial court for a judicial resolution of the dispute. The
  465  prevailing party in an arbitration proceeding shall be awarded
  466  the costs of the arbitration and reasonable attorney fees in an
  467  amount determined by the arbitrator. Such an award must shall
  468  include the costs and reasonable attorney fees incurred in the
  469  arbitration proceeding as well as the costs and reasonable
  470  attorney fees incurred in preparing for and attending any
  471  scheduled mediation. An arbitrator’s failure to render a written
  472  decision within 30 days after the hearing may result in the
  473  cancellation of his or her arbitration certification.
  474         (l) The party who files a complaint for a trial de novo
  475  shall be assessed the other party’s arbitration costs, court
  476  costs, and other reasonable costs, including attorney fees,
  477  investigation expenses, and expenses for expert or other
  478  testimony or evidence incurred after the arbitration hearing if
  479  the judgment upon the trial de novo is not more favorable than
  480  the arbitration decision. If the judgment is more favorable, the
  481  party who filed a complaint for trial de novo shall be awarded
  482  reasonable court costs and attorney fees.
  483         (m) Any party to an arbitration proceeding may enforce an
  484  arbitration award by filing a petition in a court of competent
  485  jurisdiction in which the condominium is located. A petition may
  486  not be granted unless the time for appeal by the filing of a
  487  complaint for trial de novo has expired. If a complaint for a
  488  trial de novo has been filed, a petition may not be granted with
  489  respect to an arbitration award that has been stayed. If the
  490  petition for enforcement is granted, the petitioner shall
  491  recover reasonable attorney fees and costs incurred in enforcing
  492  the arbitration award. A mediation settlement may also be
  493  enforced through the county or circuit court, as applicable, and
  494  any costs and fees incurred in the enforcement of a settlement
  495  agreement reached at mediation must be awarded to the prevailing
  496  party in any enforcement action.
  497         Section 19. Paragraph (d) of subsection (1) and paragraphs
  498  (b) and (e) of subsection (2) of section 718.503, Florida
  499  Statutes, are amended to read:
  500         718.503 Developer disclosure prior to sale; nondeveloper
  501  unit owner disclosure prior to sale; voidability.—
  502         (1) DEVELOPER DISCLOSURE.—
  503         (d) Milestone inspection, turnover inspection report, or
  504  structural integrity reserve study.—If the association is
  505  required to have completed a milestone inspection as described
  506  in s. 553.899, a turnover inspection report for a turnover
  507  inspection performed on or after July 1, 2023, or a structural
  508  integrity reserve study, and the association has not completed
  509  the milestone inspection, the turnover inspection report, or the
  510  structural integrity reserve study, each contract entered into
  511  after December 31, 2024, for the sale of a residential unit
  512  shall contain in conspicuous type a statement indicating that
  513  the association is required to have a milestone inspection, a
  514  turnover inspection report, or a structural integrity reserve
  515  study and has not completed such inspection, report, or study,
  516  as appropriate. If the association is not required to have a
  517  milestone inspection as described in s. 553.899 or a structural
  518  integrity reserve study, each contract entered into after
  519  December 31, 2024, for the sale of a residential unit shall
  520  contain in conspicuous type a statement indicating that the
  521  association is not required to have a milestone inspection or a
  522  structural integrity reserve study, as appropriate. If the
  523  association has completed a milestone inspection as described in
  524  s. 553.899, a turnover inspection report for a turnover
  525  inspection performed on or after July 1, 2023, or a structural
  526  integrity reserve study, each contract entered into after
  527  December 31, 2024, for the sale of a residential unit shall
  528  contain in conspicuous type:
  529         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
  530  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
  531  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  532  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
  533  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
  534  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
  535  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  536  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
  537  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
  538  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
  539  EXECUTION OF THIS CONTRACT; and
  540         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
  541  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
  542  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
  543  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
  544  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
  545  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  546  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
  547  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
  548  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
  549  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  550  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
  551  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
  552  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
  553  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
  554  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
  555  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
  556  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
  557  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
  558  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
  559  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
  560  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
  561  718.103(27) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
  562  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
  563  TERMINATE AT CLOSING.
  564  
  565  A contract that does not conform to the requirements of this
  566  paragraph is voidable at the option of the purchaser before
  567  prior to closing.
  568         (2) NONDEVELOPER DISCLOSURE.—
  569         (b) The prospective purchaser is also entitled to receive
  570  from the seller a copy of a governance form. Such form shall be
  571  provided by the division summarizing governance of condominium
  572  associations. In addition to such other information as the
  573  division considers helpful to a prospective purchaser in
  574  understanding association governance, the governance form shall
  575  address the following subjects:
  576         1. The role of the board in conducting the day-to-day
  577  affairs of the association on behalf of, and in the best
  578  interests of, the owners.
  579         2. The board’s responsibility to provide advance notice of
  580  board and membership meetings.
  581         3. The rights of owners to attend and speak at board and
  582  membership meetings.
  583         4. The responsibility of the board and of owners with
  584  respect to maintenance of the condominium property.
  585         5. The responsibility of the board and owners to abide by
  586  the condominium documents, this chapter, rules adopted by the
  587  division, and reasonable rules adopted by the board.
  588         6. Owners’ rights to inspect and copy association records
  589  and the limitations on such rights.
  590         7. Remedies available to owners with respect to actions by
  591  the board which may be abusive or beyond the board’s power and
  592  authority.
  593         8. The right of the board to hire a property management
  594  firm, subject to its own primary responsibility for such
  595  management.
  596         9. The responsibility of owners with regard to payment of
  597  regular or special assessments necessary for the operation of
  598  the property and the potential consequences of failure to pay
  599  such assessments.
  600         10. The voting rights of owners.
  601         11. Rights and obligations of the board in enforcement of
  602  rules in the condominium documents and rules adopted by the
  603  board.
  604  
  605  The governance form shall also include the following statement
  606  in conspicuous type: “This publication is intended as an
  607  informal educational overview of condominium governance. In the
  608  event of a conflict, the provisions of chapter 718, Florida
  609  Statutes, rules adopted by the Division of Florida Condominiums,
  610  Timeshares, and Mobile Homes of the Department of Legal Affairs
  611  Business and Professional Regulation, the provisions of the
  612  condominium documents, and reasonable rules adopted by the
  613  condominium association’s board of administration prevail over
  614  the contents of this publication.”
  615         (e) If the association is required to have completed a
  616  milestone inspection as described in s. 553.899, a turnover
  617  inspection report for a turnover inspection performed on or
  618  after July 1, 2023, or a structural integrity reserve study, and
  619  the association has not completed the milestone inspection, the
  620  turnover inspection report, or the structural integrity reserve
  621  study, each contract entered into after December 31, 2024, for
  622  the sale of a residential unit shall contain in conspicuous type
  623  a statement indicating that the association is required to have
  624  a milestone inspection, a turnover inspection report, or a
  625  structural integrity reserve study and has not completed such
  626  inspection, report, or study, as appropriate. If the association
  627  is not required to have a milestone inspection as described in
  628  s. 553.899 or a structural integrity reserve study, each
  629  contract entered into after December 31, 2024, for the sale of a
  630  residential unit shall contain in conspicuous type a statement
  631  indicating that the association is not required to have a
  632  milestone inspection or a structural integrity reserve study, as
  633  appropriate. If the association has completed a milestone
  634  inspection as described in s. 553.899, a turnover inspection
  635  report for a turnover inspection performed on or after July 1,
  636  2023, or a structural integrity reserve study, each contract
  637  entered into after December 31, 2024, for the resale of a
  638  residential unit shall contain in conspicuous type:
  639         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
  640  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
  641  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  642  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
  643  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
  644  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
  645  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  646  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
  647  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
  648  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
  649  EXECUTION OF THIS CONTRACT; and
  650         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
  651  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
  652  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
  653  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
  654  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
  655  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  656  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
  657  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
  658  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
  659  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  660  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
  661  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
  662  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
  663  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
  664  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
  665  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
  666  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
  667  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
  668  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
  669  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
  670  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
  671  718.103(27) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
  672  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
  673  TERMINATE AT CLOSING.
  674  
  675  A contract that does not conform to the requirements of this
  676  paragraph is voidable at the option of the purchaser before
  677  prior to closing.
  678         Section 20. Subsections (16) through (29) of section
  679  719.103, Florida Statutes, are renumbered as subsections (17)
  680  through (30), respectively, present subsection (17) is amended,
  681  and a new subsection (16) is added to that section, to read:
  682         719.103 Definitions.—As used in this chapter:
  683         (16)“Department” means the Department of Legal Affairs.
  684         (18)(17) “Division” means the Division of Florida
  685  Condominiums, Timeshares, and Mobile Homes of the Department of
  686  Legal Affairs Business and Professional Regulation.
  687         Section 21. Paragraph (i) of subsection (6) of section
  688  719.108, Florida Statutes, is amended to read:
  689         719.108 Rents and assessments; liability; lien and
  690  priority; interest; collection; cooperative ownership.—
  691         (6) Within 10 business days after receiving a written or
  692  electronic request for an estoppel certificate from a unit owner
  693  or the unit owner’s designee, or a unit mortgagee or the unit
  694  mortgagee’s designee, the association shall issue the estoppel
  695  certificate. Each association shall designate on its website a
  696  person or entity with a street or e-mail address for receipt of
  697  a request for an estoppel certificate issued pursuant to this
  698  section. The estoppel certificate must be provided by hand
  699  delivery, regular mail, or e-mail to the requestor on the date
  700  of issuance of the estoppel certificate.
  701         (i) The fees specified in this subsection shall be adjusted
  702  every 5 years in an amount equal to the total of the annual
  703  increases for that 5-year period in the Consumer Price Index for
  704  All Urban Consumers, U.S. City Average, All Items. The division
  705  Department of Business and Professional Regulation shall
  706  periodically calculate the fees, rounded to the nearest dollar,
  707  and publish the amounts, as adjusted, on its website.
  708         Section 22. Section 719.1255, Florida Statutes, is amended
  709  to read:
  710         719.1255 Alternative resolution of disputes.—The Division
  711  of Florida Condominiums, Timeshares, and Mobile Homes of the
  712  Department of Legal Affairs Business and Professional Regulation
  713  shall provide for alternative dispute resolution in accordance
  714  with s. 718.1255.
  715         Section 23. Subsection (1) of section 719.501, Florida
  716  Statutes, is amended to read:
  717         719.501 Powers and duties of the Division of Florida
  718  Condominiums, Timeshares, and Mobile Homes.—
  719         (1) The Division of Florida Condominiums, Timeshares, and
  720  Mobile Homes of the Department of Legal Affairs Business and
  721  Professional Regulation, referred to as the “division” in this
  722  part, in addition to other powers and duties prescribed by
  723  chapter 718, has the power to enforce and ensure compliance with
  724  this chapter and adopted rules relating to the development,
  725  construction, sale, lease, ownership, operation, and management
  726  of residential cooperative units; complaints related to the
  727  procedural completion of the structural integrity reserve
  728  studies under s. 719.106(1)(k); and complaints related to the
  729  procedural completion of milestone inspections under s. 553.899.
  730  In performing its duties, the division has shall have the
  731  following powers and duties:
  732         (a) The division may make necessary public or private
  733  investigations within or outside this state to determine whether
  734  any person has violated this chapter or any rule or order
  735  hereunder, to aid in the enforcement of this chapter, or to aid
  736  in the adoption of rules or forms hereunder.
  737         (b) The division may require or permit any person to file a
  738  statement in writing, under oath or otherwise, as the division
  739  determines, as to the facts and circumstances concerning a
  740  matter to be investigated.
  741         (c) For the purpose of any investigation under this
  742  chapter, the division director or any officer or employee
  743  designated by the division director may administer oaths or
  744  affirmations, subpoena witnesses and compel their attendance,
  745  take evidence, and require the production of any matter which is
  746  relevant to the investigation, including the existence,
  747  description, nature, custody, condition, and location of any
  748  books, documents, or other tangible things and the identity and
  749  location of persons having knowledge of relevant facts or any
  750  other matter reasonably calculated to lead to the discovery of
  751  material evidence. Upon failure by a person to obey a subpoena
  752  or to answer questions propounded by the investigating officer
  753  and upon reasonable notice to all persons affected thereby, the
  754  division may apply to the circuit court for an order compelling
  755  compliance.
  756         (d) Notwithstanding any remedies available to unit owners
  757  and associations, if the division has reasonable cause to
  758  believe that a violation of any provision of this chapter or
  759  related rule has occurred, the division may institute
  760  enforcement proceedings in its own name against a developer, an
  761  association, an officer, or a member of the board, or its
  762  assignees or agents, as follows:
  763         1. The division may permit a person whose conduct or
  764  actions may be under investigation to waive formal proceedings
  765  and enter into a consent proceeding whereby orders, rules, or
  766  letters of censure or warning, whether formal or informal, may
  767  be entered against the person.
  768         2. The division may issue an order requiring the developer,
  769  association, officer, or member of the board, or its assignees
  770  or agents, to cease and desist from the unlawful practice and
  771  take such affirmative action as in the judgment of the division
  772  will carry out the purposes of this chapter. Such affirmative
  773  action may include, but is not limited to, an order requiring a
  774  developer to pay moneys determined to be owed to a cooperative
  775  condominium association.
  776         3. The division may bring an action in circuit court on
  777  behalf of a class of unit owners, lessees, or purchasers for
  778  declaratory relief, injunctive relief, or restitution.
  779         4. The division may impose a civil penalty against a
  780  developer or an association, or its assignees or agents, for any
  781  violation of this chapter or related rule. The division may
  782  impose a civil penalty individually against any officer or board
  783  member who willfully and knowingly violates a provision of this
  784  chapter, a rule adopted pursuant to this chapter, or a final
  785  order of the division. The term “willfully and knowingly” means
  786  that the division informed the officer or board member that his
  787  or her action or intended action violates this chapter, a rule
  788  adopted under this chapter, or a final order of the division,
  789  and that the officer or board member refused to comply with the
  790  requirements of this chapter, a rule adopted under this chapter,
  791  or a final order of the division. The division, before prior to
  792  initiating formal agency action under chapter 120, shall provide
  793  notice to afford the officer or board member an opportunity to
  794  voluntarily comply with this chapter, a rule adopted under this
  795  chapter, or a final order of the division. An officer or a board
  796  member who complies within 10 days after receiving notice from
  797  the division is not subject to a civil penalty. A penalty may be
  798  imposed on the basis of each day of continuing violation, but in
  799  no event shall the penalty may not for any offense exceed $5,000
  800  for any offense. The division shall adopt, by rule, penalty
  801  guidelines applicable to possible violations or to categories of
  802  violations of this chapter or rules adopted by the division. The
  803  guidelines must specify a meaningful range of civil penalties
  804  for each such violation of the statute and rules and must be
  805  based upon the harm caused by the violation, upon the repetition
  806  of the violation, and upon such other factors deemed relevant by
  807  the division. For example, the division may consider whether the
  808  violations were committed by a developer or an owner-controlled
  809  association, the size of the association, and other factors. The
  810  guidelines must designate the possible mitigating or aggravating
  811  circumstances that justify a departure from the range of
  812  penalties provided by the rules. It is the legislative intent
  813  that minor violations be distinguished from those which endanger
  814  the health, safety, or welfare of the cooperative residents or
  815  other persons and that such guidelines provide reasonable and
  816  meaningful notice to the public of likely penalties that may be
  817  imposed for proscribed conduct. This subsection does not limit
  818  the ability of the division to informally dispose of
  819  administrative actions or complaints by stipulation, agreed
  820  settlement, or consent order. All amounts collected shall be
  821  deposited with the Chief Financial Officer to the credit of the
  822  Division of Florida Condominiums, Timeshares, and Mobile Homes
  823  Trust Fund. If a developer fails to pay the civil penalty, the
  824  division shall thereupon issue an order directing that such
  825  developer cease and desist from further operation until such
  826  time as the civil penalty is paid or may pursue enforcement of
  827  the penalty in a court of competent jurisdiction. If an
  828  association fails to pay the civil penalty, the division shall
  829  thereupon pursue enforcement in a court of competent
  830  jurisdiction, and the order imposing the civil penalty or the
  831  cease and desist order may shall not take effect become
  832  effective until 20 days after the date of such order. Any action
  833  commenced by the division must shall be brought in the county in
  834  which the division has its executive offices or in the county
  835  where the violation occurred.
  836         (e) The division may prepare and disseminate a prospectus
  837  and other information to assist prospective owners, purchasers,
  838  lessees, and developers of residential cooperatives in assessing
  839  the rights, privileges, and duties pertaining thereto.
  840         (f) The division has authority to adopt rules pursuant to
  841  ss. 120.536(1) and 120.54 to implement and enforce the
  842  provisions of this chapter.
  843         (g) The division shall establish procedures for providing
  844  notice to an association when the division is considering the
  845  issuance of a declaratory statement with respect to the
  846  cooperative documents governing such cooperative community.
  847         (h) The division shall furnish each association that which
  848  pays the fees required by paragraph (2)(a) a copy of this act,
  849  subsequent changes to this act on an annual basis, an amended
  850  version of this act as it becomes available from the Secretary
  851  of State’s office on a biennial basis, and the rules adopted
  852  thereto on an annual basis.
  853         (i) The division shall annually provide each association
  854  with a summary of declaratory statements and formal legal
  855  opinions relating to the operations of cooperatives which were
  856  rendered by the division during the previous year.
  857         (j) The division shall adopt uniform accounting principles,
  858  policies, and standards to be used by all associations in the
  859  preparation and presentation of all financial statements
  860  required by this chapter. The principles, policies, and
  861  standards must shall take into consideration the size of the
  862  association and the total revenue collected by the association.
  863         (k) The division shall provide training and educational
  864  programs for cooperative association board members and unit
  865  owners. The training may, in the division’s discretion, include
  866  web-based electronic media and live training and seminars in
  867  various locations throughout the state. The division may review
  868  and approve education and training programs for board members
  869  and unit owners offered by providers and shall maintain a
  870  current list of approved programs and providers and make such
  871  list available to board members and unit owners in a reasonable
  872  and cost-effective manner.
  873         (l) The division shall maintain a toll-free telephone
  874  number accessible to cooperative unit owners.
  875         (m) When a complaint is made to the division, the division
  876  shall conduct its inquiry with reasonable dispatch and with due
  877  regard to the interests of the affected parties. Within 30 days
  878  after receipt of a complaint, the division shall acknowledge the
  879  complaint in writing and notify the complainant whether the
  880  complaint is within the jurisdiction of the division and whether
  881  additional information is needed by the division from the
  882  complainant. The division shall conduct its investigation and
  883  shall, within 90 days after receipt of the original complaint or
  884  timely requested additional information, take action upon the
  885  complaint. However, the failure to complete the investigation
  886  within 90 days does not prevent the division from continuing the
  887  investigation, accepting or considering evidence obtained or
  888  received after 90 days, or taking administrative action if
  889  reasonable cause exists to believe that a violation of this
  890  chapter or a rule of the division has occurred. If an
  891  investigation is not completed within the time limits
  892  established in this paragraph, the division shall, on a monthly
  893  basis, notify the complainant in writing of the status of the
  894  investigation. When reporting its action to the complainant, the
  895  division shall inform the complainant of any right to a hearing
  896  pursuant to ss. 120.569 and 120.57.
  897         (n) The division shall develop a program to certify both
  898  volunteer and paid mediators to provide mediation of cooperative
  899  disputes. The division shall provide, upon request, a list of
  900  such mediators to any association, unit owner, or other
  901  participant in arbitration proceedings under s. 718.1255
  902  requesting a copy of the list. The division shall include on the
  903  list of voluntary mediators only persons who have received at
  904  least 20 hours of training in mediation techniques or have
  905  mediated at least 20 disputes. In order to become initially
  906  certified by the division, paid mediators must be certified by
  907  the Supreme Court to mediate court cases in county or circuit
  908  courts. However, the division may adopt, by rule, additional
  909  factors for the certification of paid mediators, which factors
  910  must be related to experience, education, or background. Any
  911  person initially certified as a paid mediator by the division
  912  must, in order to continue to be certified, comply with the
  913  factors or requirements imposed by rules adopted by the
  914  division.
  915         Section 24. Paragraph (d) of subsection (1) and paragraph
  916  (d) of subsection (2) of section 719.503, Florida Statutes, are
  917  amended to read:
  918         719.503 Disclosure prior to sale.—
  919         (1) DEVELOPER DISCLOSURE.—
  920         (d) Milestone inspection, turnover inspection report, or
  921  structural integrity reserve study.—If the association is
  922  required to have completed a milestone inspection as described
  923  in s. 553.899, a turnover inspection report for a turnover
  924  inspection performed on or after July 1, 2023, or a structural
  925  integrity reserve study, and the association has not completed
  926  the milestone inspection, the turnover inspection report, or the
  927  structural integrity reserve study, each contract entered into
  928  after December 31, 2024, for the sale of a residential unit
  929  shall contain in conspicuous type a statement indicating that
  930  the association is required to have a milestone inspection, a
  931  turnover inspection report, or a structural integrity reserve
  932  study and has not completed such inspection, report, or study,
  933  as appropriate. If the association is not required to have a
  934  milestone inspection as described in s. 553.899 or a structural
  935  integrity reserve study, each contract entered into after
  936  December 31, 2024, for the sale of a residential unit shall
  937  contain in conspicuous type a statement indicating that the
  938  association is not required to have a milestone inspection or a
  939  structural integrity reserve study, as appropriate. If the
  940  association has completed a milestone inspection as described in
  941  s. 553.899, a turnover inspection report for a turnover
  942  inspection performed on or after July 1, 2023, or a structural
  943  integrity reserve study, each contract entered into after
  944  December 31, 2024, for the sale of a residential unit shall
  945  contain in conspicuous type:
  946         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
  947  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
  948  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  949  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
  950  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
  951  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
  952  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  953  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
  954  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
  955  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
  956  EXECUTION OF THIS CONTRACT; and
  957         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
  958  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
  959  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
  960  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
  961  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
  962  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  963  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
  964  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
  965  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
  966  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  967  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
  968  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
  969  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
  970  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
  971  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
  972  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
  973  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
  974  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
  975  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
  976  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
  977  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
  978  719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
  979  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
  980  TERMINATE AT CLOSING.
  981  
  982  A contract that does not conform to the requirements of this
  983  paragraph is voidable at the option of the purchaser before
  984  prior to closing.
  985         (2) NONDEVELOPER DISCLOSURE.—
  986         (d) If the association is required to have completed a
  987  milestone inspection as described in s. 553.899, a turnover
  988  inspection report for a turnover inspection performed on or
  989  after July 1, 2023, or a structural integrity reserve study, and
  990  the association has not completed the milestone inspection, the
  991  turnover inspection report, or the structural integrity reserve
  992  study, each contract entered into after December 31, 2024, for
  993  the sale of a residential unit shall contain in conspicuous type
  994  a statement indicating that the association is required to have
  995  a milestone inspection, a turnover inspection report, or a
  996  structural integrity reserve study and has not completed such
  997  inspection, report, or study, as appropriate. If the association
  998  is not required to have a milestone inspection as described in
  999  s. 553.899 or a structural integrity reserve study, each
 1000  contract entered into after December 31, 2024, for the sale of a
 1001  residential unit shall contain in conspicuous type a statement
 1002  indicating that the association is not required to have a
 1003  milestone inspection or a structural integrity reserve study, as
 1004  appropriate. If the association has completed a milestone
 1005  inspection as described in s. 553.899, a turnover inspection
 1006  report for a turnover inspection performed on or after July 1,
 1007  2023, or a structural integrity reserve study, each contract
 1008  entered into after December 31, 2024, for the resale of a
 1009  residential unit shall contain in conspicuous type:
 1010         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1011  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1012  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1013  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1014  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1015  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1016  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1017  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
 1018  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
 1019  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
 1020  EXECUTION OF THIS CONTRACT; and
 1021         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1022  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1023  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1024  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1025  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1026  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1027  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1028  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1029  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1030  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1031  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
 1032  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1033  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1034  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
 1035  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1036  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 1037  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 1038  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 1039  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 1040  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 1041  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 1042  719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
 1043  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 1044  TERMINATE AT CLOSING.
 1045  
 1046  A contract that does not conform to the requirements of this
 1047  paragraph is voidable at the option of the purchaser before
 1048  prior to closing.
 1049         Section 25. Subsections (5) and (7) of section 720.301,
 1050  Florida Statutes, are amended to read:
 1051         720.301 Definitions.—As used in this chapter, the term:
 1052         (5) “Department” means the Department of Legal Affairs
 1053  Business and Professional Regulation.
 1054         (7) “Division” means the Division of Florida Condominiums,
 1055  Timeshares, and Mobile Homes in the Department of Legal Affairs
 1056  Business and Professional Regulation.
 1057         Section 26. Subsection (9) of section 720.30851, Florida
 1058  Statutes, is amended to read:
 1059         720.30851 Estoppel certificates.—Within 10 business days
 1060  after receiving a written or electronic request for an estoppel
 1061  certificate from a parcel owner or the parcel owner’s designee,
 1062  or a parcel mortgagee or the parcel mortgagee’s designee, the
 1063  association shall issue the estoppel certificate. Each
 1064  association shall designate on its website a person or entity
 1065  with a street or e-mail address for receipt of a request for an
 1066  estoppel certificate issued pursuant to this section. The
 1067  estoppel certificate must be provided by hand delivery, regular
 1068  mail, or e-mail to the requestor on the date of issuance of the
 1069  estoppel certificate.
 1070         (9) The fees specified in this section shall be adjusted
 1071  every 5 years in an amount equal to the total of the annual
 1072  increases for that 5-year period in the Consumer Price Index for
 1073  All Urban Consumers, U.S. City Average, All Items. The division
 1074  Department of Business and Professional Regulation shall
 1075  periodically calculate the fees, rounded to the nearest dollar,
 1076  and publish the amounts, as adjusted, on its website.
 1077         Section 27. Subsection (11) of section 721.05, Florida
 1078  Statutes, is amended to read:
 1079         721.05 Definitions.—As used in this chapter, the term:
 1080         (11) “Division” means the Division of Florida Condominiums,
 1081  Timeshares, and Mobile Homes of the Department of Legal Affairs
 1082  Business and Professional Regulation.
 1083         Section 28. Subsections (7), (8), and (9) of section
 1084  721.11, Florida Statutes, are amended to read:
 1085         721.11 Advertising materials; oral statements.—
 1086         (7) Notwithstanding s. 721.05(8)(b) the provisions of s.
 1087  721.05(7)(b), a seller may portray possible accommodations or
 1088  facilities to prospective purchasers in advertising material, or
 1089  a purchaser public offering statement, without such
 1090  accommodations or facilities being available for use by
 1091  purchasers so long as the advertising material or purchaser
 1092  public offering statement complies with the provisions of
 1093  subsection (4).
 1094         (8) Notwithstanding s. 721.05(8)(b) the provisions of s.
 1095  721.05(7)(b), a developer may portray possible accommodations or
 1096  facilities to prospective purchasers by disseminating oral or
 1097  written statements regarding same to broadcast or print media
 1098  with no obligation on the developer’s part to actually construct
 1099  such accommodations or facilities or to file such accommodations
 1100  or facilities with the division, but only so long as such oral
 1101  or written statements are not considered advertising material
 1102  pursuant to paragraph (3)(e).
 1103         (9) Notwithstanding s. 721.05(8)(b) the provisions of s.
 1104  721.05(7)(b), a seller of a multisite timeshare plan may portray
 1105  a possible component site to prospective purchasers with no
 1106  accommodations or facilities located at such component site
 1107  being available for use by purchasers so long as the seller
 1108  satisfies the following requirements:
 1109         (a) A developer of a multisite timeshare plan may
 1110  disseminate oral or written statements to broadcast or print
 1111  media describing a possible component site with no obligation on
 1112  the developer’s part to actually add such component site to the
 1113  multisite timeshare plan or to amend the developer’s filing with
 1114  the division, but only so long as such oral or written
 1115  statements are not considered advertising material pursuant to
 1116  paragraph (3)(e).
 1117         (b) A seller may make representations to purchasers in
 1118  advertising material or in a purchaser public offering statement
 1119  regarding the possible accommodations and facilities of a
 1120  possible component site without such accommodations or
 1121  facilities being available for use by purchasers so long as the
 1122  advertising material or purchaser public offering statement
 1123  complies with the provisions of subsection (4).
 1124         (c) In the event a seller makes any of the representations
 1125  permitted by paragraph (b), the purchase agreement must contain
 1126  the following conspicuous disclosure unless and until such time
 1127  as the developer has committed itself in the timeshare
 1128  instrument to adding the possible component site to the
 1129  multisite timeshare plan, at which time the seller may portray
 1130  the component site pursuant to the timeshare instrument without
 1131  restriction:
 1132         [Description of possible component site] is only a
 1133         possible component site which may never be added to
 1134         the multisite timeshare plan (or multisite vacation
 1135         ownership plan or multisite vacation plan or vacation
 1136         club). Do not purchase an interest in the multisite
 1137         timeshare plan (or multisite vacation ownership plan
 1138         or multisite vacation plan or vacation club) in
 1139         reliance upon the addition of this component site.
 1140         (d) Notwithstanding anything contained in this chapter to
 1141  the contrary, a developer or managing entity may communicate
 1142  with existing purchasers regarding possible component sites
 1143  without restriction, so long as all oral and written statements
 1144  made to existing purchasers pursuant to this subsection comply
 1145  with the provisions of subsection (4).
 1146         (e) Any violation of this subsection by a developer,
 1147  seller, or managing entity constitutes shall constitute a
 1148  violation of this chapter. Any violation of this subsection with
 1149  respect to a purchaser whose purchase has not yet closed
 1150  provides shall be deemed to provide that purchaser with a new
 1151  10-day voidability period.
 1152         Section 29. Paragraph (b) of subsection (2) of section
 1153  721.13, Florida Statutes, is amended to read:
 1154         721.13 Management.—
 1155         (2)
 1156         (b) The managing entity shall invest the operating and
 1157  reserve funds of the timeshare plan in accordance with s.
 1158  518.11(1); however, the managing entity shall give safety of
 1159  capital greater weight than production of income. In no event
 1160  shall the managing entity invest timeshare plan funds with a
 1161  developer or with any entity that is not independent of any
 1162  developer or any managing entity within the meaning of s. 721.05
 1163  s. 721.05(22), and in no event shall the managing entity invest
 1164  timeshare plan funds in notes and mortgages related in any way
 1165  to the timeshare plan.
 1166         Section 30. Subsections (1) through (21) of section
 1167  723.003, Florida Statutes, are renumbered as subsections (2)
 1168  through (22), respectively, paragraph (b) of present subsection
 1169  (7) and present subsections (2) and (18) are amended, and a new
 1170  subsection (1) is added to that section, to read:
 1171         723.003 Definitions.—As used in this chapter, the term:
 1172         (1)“Department” means the Department of Legal Affairs.
 1173         (3)(2) “Division” means the Division of Florida
 1174  Condominiums, Timeshares, and Mobile Homes of Legal Affairs the
 1175  Department of Business and Professional Regulation.
 1176         (8)(7)
 1177         (b) For purposes of mediation under ss. 723.037 and
 1178  723.038, the term “parties” means a park owner as defined in
 1179  subsection (14) (13) and a homeowners’ committee selected
 1180  pursuant to s. 723.037.
 1181         (19)(18) “Proportionate share” as used in subsection (18)
 1182  (17) means an amount calculated by dividing equally among the
 1183  affected developed lots in the park the total costs for the
 1184  necessary and actual direct costs and impact or hookup fees
 1185  incurred for governmentally mandated capital improvements
 1186  serving the recreational and common areas and all affected
 1187  developed lots in the park.
 1188         Section 31. Subsection (14) of section 721.82, Florida
 1189  Statutes, is amended to read:
 1190         721.82 Definitions.—As used in this part, the term:
 1191         (14) “Trustee” means an attorney who is a member in good
 1192  standing of The Florida Bar and who has been practicing law for
 1193  at least 5 years or that attorney’s law firm, or a title insurer
 1194  authorized to transact business in this state under s. 624.401
 1195  and who has been authorized to transact business for at least 5
 1196  years, appointed as trustee or as substitute trustee in
 1197  accordance with s. 721.855 or s. 721.856. A receiver appointed
 1198  under s. 721.26 may act as a trustee under s. 721.855. A trustee
 1199  must be independent as defined in s. 721.05 s. 721.05(20).
 1200         Section 32. Paragraph (d) of subsection (1) of section
 1201  723.061, Florida Statutes, is amended to read:
 1202         723.061 Eviction; grounds, proceedings.—
 1203         (1) A mobile home park owner may evict a mobile home owner,
 1204  a mobile home tenant, a mobile home occupant, or a mobile home
 1205  only on one or more of the following grounds:
 1206         (d) Change in use of the land comprising the mobile home
 1207  park, or the portion thereof from which mobile homes are to be
 1208  evicted, from mobile home lot rentals to some other use, if:
 1209         1. The park owner gives written notice to the homeowners’
 1210  association formed and operating under ss. 723.075-723.079 of
 1211  its right to purchase the mobile home park, if the land
 1212  comprising the mobile home park is changing use from mobile home
 1213  lot rentals to a different use, at the price and under the terms
 1214  and conditions set forth in the written notice.
 1215         a. The notice shall be delivered to the officers of the
 1216  homeowners’ association by United States mail. Within 45 days
 1217  after the date of mailing of the notice, the homeowners’
 1218  association may execute and deliver a contract to the park owner
 1219  to purchase the mobile home park at the price and under the
 1220  terms and conditions set forth in the notice. If the contract
 1221  between the park owner and the homeowners’ association is not
 1222  executed and delivered to the park owner within the 45-day
 1223  period, the park owner is under no further obligation to the
 1224  homeowners’ association except as provided in sub-subparagraph
 1225  b.
 1226         b. If the park owner elects to offer or sell the mobile
 1227  home park at a price lower than the price specified in her or
 1228  his initial notice to the officers of the homeowners’
 1229  association, the homeowners’ association has an additional 10
 1230  days to meet the revised price, terms, and conditions of the
 1231  park owner by executing and delivering a revised contract to the
 1232  park owner.
 1233         c. The park owner is not obligated under this subparagraph
 1234  or s. 723.071 to give any other notice to, or to further
 1235  negotiate with, the homeowners’ association for the sale of the
 1236  mobile home park to the homeowners’ association after 6 months
 1237  after the date of the mailing of the initial notice under sub
 1238  subparagraph a.
 1239         2. The park owner gives the affected mobile home owners and
 1240  tenants at least 6 months’ notice of the eviction due to the
 1241  projected change in use and of their need to secure other
 1242  accommodations. Within 20 days after giving an eviction notice
 1243  to a mobile home owner, the park owner must provide the division
 1244  with a copy of the notice. The division must provide the
 1245  executive director of the Florida Mobile Home Relocation
 1246  Corporation with a copy of the notice.
 1247         a. The notice of eviction due to a change in use of the
 1248  land must include in a font no smaller than the body of the
 1249  notice the following statement:
 1250  YOU MAY BE ENTITLED TO COMPENSATION FROM THE FLORIDA MOBILE HOME
 1251  RELOCATION TRUST FUND, ADMINISTERED BY THE FLORIDA MOBILE HOME
 1252  RELOCATION CORPORATION (FMHRC). FMHRC CONTACT INFORMATION IS
 1253  AVAILABLE FROM THE FLORIDA DEPARTMENT OF LEGAL AFFAIRS BUSINESS
 1254  AND PROFESSIONAL REGULATION.
 1255         b. The park owner may not give a notice of increase in lot
 1256  rental amount within 90 days before giving notice of a change in
 1257  use.
 1258         Section 33. Subsection (1) of section 723.0611, Florida
 1259  Statutes, is amended to read:
 1260         723.0611 Florida Mobile Home Relocation Corporation.—
 1261         (1)(a) There is created the Florida Mobile Home Relocation
 1262  Corporation. The corporation shall be administered by a board of
 1263  directors made up of six members, three of whom shall be
 1264  appointed by the Attorney General Secretary of Business and
 1265  Professional Regulation from a list of nominees submitted by the
 1266  largest nonprofit association representing mobile home owners in
 1267  this state, and three of whom shall be appointed by the Attorney
 1268  General Secretary of Business and Professional Regulation from a
 1269  list of nominees submitted by the largest nonprofit association
 1270  representing the manufactured housing industry in this state.
 1271  All members of the board of directors, including the chair,
 1272  shall be appointed to serve for staggered 3-year terms.
 1273         (b) A member of the board of directors shall be removed
 1274  from the board by The Attorney General Secretary of Business and
 1275  Professional Regulation, with or without cause, shall remove a
 1276  member of the board of directors from the board immediately
 1277  after receiving a the written request for removal from the
 1278  association in paragraph (a) that originally nominated that
 1279  board member. The nominating entity must include nominees for
 1280  replacement with the request for removal, and the Attorney
 1281  General secretary must immediately fill the vacancy created by
 1282  the removal. The removal process may not occur more than once in
 1283  a calendar year.
 1284         Section 34. Subsection (1) of section 723.06115, Florida
 1285  Statutes, is amended to read:
 1286         723.06115 Florida Mobile Home Relocation Trust Fund.—
 1287         (1) The Florida Mobile Home Relocation Trust Fund is
 1288  established within the Department of Legal Affairs Business and
 1289  Professional Regulation. The trust fund is to be used to fund
 1290  the administration and operations of the Florida Mobile Home
 1291  Relocation Corporation. All interest earned from the investment
 1292  or deposit of moneys in the trust fund shall be deposited in the
 1293  trust fund. The trust fund shall be funded from moneys collected
 1294  by the corporation from mobile home park owners under s.
 1295  723.06116, the surcharge collected by the department under s.
 1296  723.007(2), the surcharge collected by the Department of Highway
 1297  Safety and Motor Vehicles, and from other appropriated funds.
 1298         Section 35. Subsection (15) of section 723.006, Florida
 1299  Statutes, is amended to read:
 1300         723.006 Powers and duties of division.—In performing its
 1301  duties, the division has the following powers and duties:
 1302         (15) The division shall adopt rules to implement the board
 1303  member training requirements for educational programs as
 1304  provided in this chapter. The Department of Business and
 1305  Professional Regulation shall publish a notice of proposed rule
 1306  pursuant to s. 120.54(3)(a) by October 1, 2016. Such rules shall
 1307  include the requirements for content and notice of the board
 1308  member training program to assure that providers meet minimum
 1309  training requirements.
 1310         Section 36. Except as otherwise expressly provided in this
 1311  act and except for this section, which shall take effect July 1,
 1312  2024, this act shall take effect July 1, 2025.