HOUSE AMENDMENT
                                                  Bill No. HB 1923
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Representative(s) Kyle offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Subsection (7) is repealed and paragraph
18  (d) of subsection (2), paragraph (a) of subsection (4), and
19  subsection (6) of section 20.165, Florida Statutes, are
20  amended to read:
21         20.165  Department of Business and Professional
22  Regulation.--There is created a Department of Business and
23  Professional Regulation.
24         (2)  The following divisions of the Department of
25  Business and Professional Regulation are established:
26         (d)  Division of Florida Land Sales, Condominiums,
27  Timeshare, and Mobile Homes.
28         (4)(a)  The following boards are established within the
29  Division of Professions:
30         1.  Board of Architecture and Interior Design, created
31  under part I of chapter 481.
                                  1
    File original & 9 copies    04/26/01                          
    hri0001                     09:01 pm         01923-0073-613059

HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 2. Florida Board of Auctioneers, created under part VI 2 of chapter 468. 3 3. Barbers' Board of Barbering and Cosmetology, 4 created under chapter 476. 5 4. Florida Building Code Administrators and Inspectors 6 Board, created under part XII of chapter 468. 7 5. Construction Industry Licensing Board, created 8 under part I of chapter 489. 9 6. Board of Cosmetology, created under chapter 477. 10 6.7. Electrical Contractors' Licensing Board, created 11 under part II of chapter 489. 12 7.8. Board of Employee Leasing Companies, created 13 under part XI of chapter 468. 14 8.9. Board of Funeral Directors and Embalmers, created 15 under chapter 470. 16 9.10. Board of Landscape Architecture, created under 17 part II of chapter 481. 18 10.11. Board of Pilot Commissioners, created under 19 chapter 310. 20 11.12. Board of Professional Engineers, created under 21 chapter 471. 22 12.13. Board of Professional Geologists, created under 23 chapter 492. 24 13.14. Board of Professional Surveyors and Mappers, 25 created under chapter 472. 26 14.15. Board of Veterinary Medicine, created under 27 chapter 474. 28 (6) Each board with five or more than seven members 29 shall have at least two consumer members who are not, and have 30 never been, members or practitioners of the profession 31 regulated by such board or of any closely related profession. 2 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Each board with seven or fewer than five members shall have at 2 least one consumer member who is not, and has never been, a 3 member or practitioner of the profession regulated by such 4 board or of any closely related profession. 5 (7) No board, with the exception of joint 6 coordinatorships, shall be transferred from its present 7 location unless authorized by the Legislature in the General 8 Appropriations Act. 9 Section 2. Section 326.001, Florida Statutes, is 10 amended to read: 11 326.001 Short title.--This chapter Sections 12 326.001-326.006 may be cited as the "Yacht and Ship Brokers' 13 Act." 14 Section 3. Section 326.002, Florida Statutes, is 15 amended to read: 16 326.002 Definitions.--As used in this chapter ss. 17 326.001-326.006, the term: 18 (1) "Broker" means a person who, for or in expectation 19 of compensation: sells, offers, or negotiates to sell; buys, 20 offers, or negotiates to buy; solicits or obtains listings of; 21 or negotiates the purchase, sale, or exchange of, yachts for 22 other persons. 23 (2) "Department" "Division" means the Division of 24 Florida Land Sales, Condominiums, and Mobile Homes of the 25 Department of Business and Professional Regulation. 26 (3) "Salesperson" means a person who, for or in 27 expectation of compensation, is employed by a broker to 28 perform any acts of a broker. 29 (4) "Yacht" means any vessel which is propelled by 30 sail or machinery in the water which exceeds 32 feet in 31 length, and which weighs less than 300 gross tons. 3 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (5) "Person" means an individual, partnership, firm, 2 corporation, association, or other entity. 3 Section 4. Section 326.003, Florida Statutes, is 4 amended to read: 5 326.003 Administration.--The department division 6 shall: 7 (1) Administer ss. 326.001-326.006 and collect fees 8 sufficient to administer this chapter ss. 326.001-326.006. 9 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54 10 necessary to administer this chapter implement ss. 11 326.001-326.006 and to classify brokers and salespersons and 12 regulate their activities. 13 (3) Enforce the provisions of this chapter ss. 14 326.001-326.006 against any person who operates as a broker or 15 salesperson without a license. 16 Section 5. Section 326.004, Florida Statutes, is 17 amended to read: 18 326.004 Licensing.-- 19 (1) A person may not act as a broker or salesperson 20 unless licensed under the Yacht and Ship Brokers' Act. The 21 department division shall adopt rules establishing a procedure 22 for the biennial renewal of licenses. 23 (2) A broker may not engage in business as a broker 24 under a fictitious name unless his or her license is issued in 25 such name. 26 (3) A license is not required for: 27 (a) A person who sells his or her own yacht. 28 (b) An attorney at law for services rendered in his or 29 her professional capacity. 30 (c) A receiver, trustee, or other person acting under 31 a court order. 4 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (d) A transaction involving the sale of a new yacht. 2 (e) A transaction involving the foreclosure of a 3 security interest in a yacht. 4 (4) Any person who purchases a used yacht for resale 5 must transfer title to such yacht into his or her name and 6 maintain the title or bill of sale in his or her possession to 7 be exempt from licensure. 8 (5) The department division by rule shall establish 9 fees for application, initial licensing, biennial renewal, and 10 reinstatement of licenses in an amount not to exceed $500. 11 The fees must be set in an amount that is adequate to 12 proportionately fund the expenses of the department division 13 in this chapter ss. 326.001-326.006. 14 (6) The department division may deny a license or 15 license renewal to any applicant who does not: 16 (a) Furnish proof satisfactory to the department 17 division that he or she is of good moral character. 18 (b) Certify that he or she has never been convicted of 19 a felony. 20 (c) Post the bond required by the Yacht and Ship 21 Brokers' Act. 22 (d) Demonstrate that he or she is a resident of this 23 state or that he or she conducts business in this state. 24 (e) Furnish a full set of fingerprints taken within 25 the 6 months immediately preceding the submission of the 26 application. 27 (f) Have a current license and has operated as a 28 broker or salesperson without a license. 29 (7)(a) Before any license may be issued to a yacht or 30 ship broker, he or she must deliver to the department division 31 a good and sufficient surety bond or irrevocable letter of 5 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 credit, executed by the broker as principal, in the sum of 2 $25,000. 3 (b) Surety bonds and irrevocable letters of credit 4 must be in a form to be approved by the department division 5 and must be conditioned upon the broker complying with the 6 terms of any written contract made by such broker in 7 connection with the sale or exchange of any yacht or ship and 8 not violating any of the provisions of the Yacht and Ship 9 Brokers' Act in the conduct of the business for which he or 10 she is licensed. The bonds and letters of credit must be 11 delivered to the department division and in favor of any 12 person in a transaction who suffers any loss as a result of 13 any violation of the conditions in this chapter ss. 14 326.001-326.006. When the department division determines that 15 a person has incurred a loss as a result of a violation of the 16 Yacht and Ship Brokers' Act, it shall notify the person in 17 writing of the existence of the bond or letter of credit. The 18 bonds and letters of credit must cover the license period, and 19 a new bond or letter of credit or a proper continuation 20 certificate must be delivered to the department division at 21 the beginning of each license period. However, the aggregate 22 liability of the surety in any one year may not exceed the sum 23 of the bond or, in the case of a letter of credit, the 24 aggregate liability of the issuing bank may not exceed the sum 25 of the credit. 26 (c) Surety bonds must be executed by a surety company 27 authorized to do business in the state as surety, and 28 irrevocable letters of credit must be issued by a bank 29 authorized to do business in the state as a bank. 30 (d) Irrevocable letters of credit must be engaged by a 31 bank as an agreement to honor demands for payment as specified 6 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 in this section. 2 3 The security for a broker must remain on deposit for a period 4 of 1 year after he or she ceases to be a broker. 5 (8) A person may not be licensed as a broker unless he 6 or she has been a salesperson for at least 2 consecutive 7 years, and may not be licensed as a broker after October 1, 8 1990, unless he or she has been licensed as a salesperson for 9 at least 2 consecutive years. 10 (9) An applicant for a salesperson's license or its 11 renewal must deposit with the department division a bond or 12 equivalent securities in the sum of $10,000 subject to the 13 conditions in subsection (7). 14 (10) Upon a final judgment being rendered against a 15 yacht broker or salesperson for a violation of this chapter 16 ss. 326.001-326.006 which results in any action being 17 commenced on the bond or letter of credit, the department 18 division may require the filing of a new bond or letter of 19 credit and immediately on the recovery in any action on such 20 bond or letter of credit, the broker or salesperson involved 21 must file a new bond or letter of credit. His or her failure 22 to do so within 10 days constitutes grounds for the suspension 23 or revocation of his or her license. 24 (11) Any person injured by the fraud, deceit, or 25 willful negligence of any broker or salesperson or by the 26 failure of any broker or salesperson to comply with the Yacht 27 and Ship Brokers' Act or other law may file an action for 28 damages upon the respective bonds against the principals and 29 the surety. 30 (12) If a surety notifies the department division that 31 it is no longer the surety for a licensee, the department 7 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 division shall notify the licensee of such withdrawal by 2 certified mail, return receipt requested, addressed to the 3 licensee's principal office. Upon the termination of such 4 surety the licensee's license is automatically suspended until 5 he or she files a new bond with the department division. 6 (13) Each broker must maintain a principal place of 7 business in this state and may establish branch offices in the 8 state. A separate license must be maintained for each branch 9 office. The department division shall establish by rule a fee 10 not to exceed $100 for each branch office license. 11 (14)(a) Each license must be prominently displayed in 12 the office of the broker. 13 (b) Each salesperson's license must remain in the 14 possession of the employing broker until canceled or until the 15 salesperson leaves such employment. Immediately upon a 16 salesperson's withdrawal from the employment of a broker, the 17 broker must return the salesperson's license to the department 18 division for cancellation. 19 (15) The department division shall provide by rule for 20 the issuance of a temporary 90-day license to an applicant 21 while the Florida Department of Law Enforcement and the 22 Federal Bureau of Investigation conduct conducts a national 23 criminal history analysis of the applicant by means of 24 fingerprint identification. 25 Section 6. Section 326.006, Florida Statutes, is 26 amended to read: 27 326.006 Powers and duties of department division.-- 28 (1) Proceedings under the Yacht and Ship Brokers' Act 29 shall be conducted pursuant to chapter 120. 30 (2) The department may division has the power to 31 enforce and ensure compliance with the provisions of this 8 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 chapter and rules adopted under this chapter relating to the 2 sale and ownership of yachts and ships. In performing its 3 duties, the department division has the following powers and 4 duties: 5 (a) The department division may make necessary public 6 or private investigations within or outside this state to 7 determine whether any person has violated this chapter or any 8 rule or order issued under this chapter, to aid in the 9 enforcement of this chapter, or to aid in the adoption of 10 rules or forms under this chapter. 11 (b) The department division may require or permit any 12 person to file a statement in writing, under oath or 13 otherwise, as the department division determines, as to the 14 facts and circumstances concerning a matter to be 15 investigated. 16 (c) For the purpose of any investigation under this 17 chapter, the secretary of the department division director or 18 any officer or employee designated by the secretary division 19 director may administer oaths or affirmations, subpoena 20 witnesses and compel their attendance, take evidence, and 21 require the production of any matter that is relevant to the 22 investigation, including the existence, description, nature, 23 custody, condition, and location of any books, documents, or 24 other tangible things and the identity and location of persons 25 having knowledge of relevant facts or any other matter 26 reasonably calculated to lead to the discovery of material 27 evidence. Upon the failure by a person to obey a subpoena or 28 to answer questions propounded by the department investigating 29 officer and upon reasonable notice to all persons affected 30 thereby, the department division may apply to the circuit 31 court for an order compelling compliance, may impose a civil 9 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 penalty, and may suspend or revoke the licensee's license. 2 (d) Notwithstanding any remedies available to a yacht 3 or ship purchaser, if the department division has reasonable 4 cause to believe that a violation of any provision of this 5 chapter or rule adopted under this chapter has occurred, the 6 department division may institute enforcement proceedings in 7 its own name against any broker or salesperson or any of his 8 or her assignees or agents, or against any unlicensed person 9 or any of his or her assignees or agents, as follows: 10 1. The department division may permit a person whose 11 conduct or actions are under investigation to waive formal 12 proceedings and enter into a consent proceeding whereby 13 orders, rules, or letters of censure or warning, whether 14 formal or informal, may be entered against the person. 15 2. The department division may issue an order 16 requiring the broker or salesperson or any of his or her 17 assignees or agents, or requiring any unlicensed person or any 18 of his or her assignees or agents, to cease and desist from 19 the unlawful practice and take such affirmative action as in 20 the judgment of the department division will carry out the 21 purposes of this chapter. 22 3. The department division may bring an action in 23 circuit court on behalf of a class of yacht or ship purchasers 24 for declaratory relief, injunctive relief, or restitution. 25 4. The department division may impose a civil penalty 26 against a broker or salesperson or any of his or her assignees 27 or agents, or against an unlicensed person or any of his or 28 her assignees or agents, for any violation of this chapter or 29 a rule adopted under this chapter. A penalty may be imposed 30 for each day of continuing violation, but in no event may the 31 penalty for any offense exceed $10,000. All amounts collected 10 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 must be deposited with the Treasurer to the credit of the 2 Professional Regulation Division of Florida Land Sales, 3 Condominiums, and Mobile Homes Trust Fund. If a broker, 4 salesperson, or unlicensed person working for a broker, fails 5 to pay the civil penalty, the department division shall 6 thereupon issue an order suspending the broker's license until 7 such time as the civil penalty is paid or may pursue 8 enforcement of the penalty in a court of competent 9 jurisdiction. The order imposing the civil penalty or the 10 order of suspension may not become effective until 20 days 11 after the date of such order. Any action commenced by the 12 department division must be brought in the county in which the 13 department division has its executive offices or in the county 14 where the violation occurred. 15 (e) The department division may suspend or revoke the 16 license of a broker or salesperson who: 17 1. Makes a substantial and intentional 18 misrepresentation, with respect to a transaction involving a 19 yacht, upon which any person has relied. 20 2. Makes a false warranty, with respect to a 21 transaction involving a yacht, of a character likely to 22 influence, persuade, or induce any person with whom business 23 is transacted. 24 3. Engages in continued misrepresentation or makes 25 false warranties with respect to transactions involving a 26 yacht, whether or not relied upon by another person. 27 4. Acts for both the buyer and seller in a transaction 28 involving a yacht without the knowledge and written consent of 29 both parties. 30 5. Commingles the money or other property of his or 31 her principal with his or her own. 11 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 6. Commits fraud or dishonest acts in the conduct of 2 any transaction involving a yacht. 3 7. Allows an unlicensed person to use his or her name 4 to evade the provisions of the Yacht and Ship Brokers' Act. 5 8. Violates any law governing the transactions 6 involving a yacht, including any provision relating to the 7 collection or payment of sales or use taxes. 8 9. Engages in acts that are evidence of a lack of good 9 moral character. 10 10. Is convicted of a felony. 11 (f) The department division may suspend or revoke the 12 license of a broker or salesperson who has: 13 1. Procured a license for himself or herself or 14 another by fraud, misrepresentation, falsification, or deceit. 15 2. Been found guilty of a felony or a crime of moral 16 turpitude. 17 3. Had a license or registration revoked, suspended, 18 or sanctioned in another state. 19 (3) All fees must be deposited in the Professional 20 Regulation Division of Florida Land Sales, Condominiums, and 21 Mobile Homes Trust Fund as provided by law. 22 Section 7. The regulation of yacht and ship brokers 23 and salespersons is reassigned within the Department of 24 Business and Professional Regulation from the Division of 25 Florida Land Sales, Condominiums, and Mobile Homes to the 26 Division of Professions. All funds collected by the department 27 pursuant to the regulation of yacht and ship brokers and 28 salespersons and all funds in the account created within the 29 Florida Land Sales, Condominiums, and Mobile Homes Trust Fund 30 for such regulation shall be deposited in an account created 31 within the Professional Regulation Trust Fund for the same 12 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 purpose. 2 Section 8. Effective upon this act becoming a law, 3 section 399.061, Florida Statutes, is amended to read: 4 399.061 Inspections; correction of deficiencies.-- 5 (1)(a) All elevators or other conveyances subject to 6 this chapter must be annually inspected by a certified 7 elevator inspector through a third-party inspection service, 8 or by a municipality or county under contract with the 9 division pursuant to s. 399.13. If the elevator or other 10 conveyance is by a third-party inspection service certified as 11 a qualified elevator inspector or maintained pursuant to a 12 service maintenance contract continuously in force, it shall 13 be inspected at least once every two years by a certified 14 elevator inspector not employed by or otherwise associated 15 with the maintenance company; however, if the elevator is not 16 an escalator or a dumbwaiter and the elevator serves only two 17 adjacent floors and is covered by a service maintenance 18 contract, no inspection shall be required so long as the 19 service contract remains in effect. A statement verifying the 20 existence, performance, and cancellation of each service 21 maintenance contract must be filed annually with the division 22 as prescribed by rule. All elevators covered by a service 23 maintenance contract shall be inspected by a 24 certificate-of-competency holder at least once every 2 years; 25 however, if the elevator is not an escalator or a dumbwaiter 26 and the elevator serves only two adjacent floors and is 27 covered by a service maintenance contract, no inspection shall 28 be required so long as the service contract remains in effect. 29 (b) The division may inspect an elevator whenever 30 necessary to ensure its safe operation or when a third-party 31 inspection service is not available for routine inspection. 13 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (2) The division may shall employ state elevator 2 inspectors to conduct the inspections as required by 3 subsection (1) and may charge an inspection fee for each 4 inspection sufficient to cover the costs of that inspection, 5 as provided by rule. Each state elevator inspector shall hold 6 a certificate of competency issued by the division. 7 (3) Whenever the division determines from the results 8 of any inspection that, in the interest of the public safety, 9 an elevator is in an unsafe condition, the division may seal 10 the elevator or order the discontinuance of the use of the 11 elevator until the division determines by inspection that such 12 elevator has been satisfactorily repaired or replaced so that 13 the elevator may be operated in a safe manner. 14 (4) When the division determines that an elevator is 15 in violation of this chapter, the division may issue an order 16 to the elevator owner requiring correction of the violation. 17 Section 9. Effective July 1, 2001, subsection (1) of 18 section 455.213, Florida Statutes, is amended, and subsections 19 (11) and (12) are added to that section, to read: 20 455.213 General licensing provisions.-- 21 (1) Any person desiring to be licensed shall apply to 22 the department in writing. The application for licensure shall 23 be made on a form prepared and furnished by the department and 24 include the applicant's social security number. 25 Notwithstanding any other provision of law, the department is 26 responsible for the printed or electronic content of all 27 initial licensure and licensure renewal documents. Such 28 documents must require information including as appropriate 29 demographics, education, work history, personal background, 30 criminal history, finances, business information, complaints, 31 inspections, investigations, discipline, bonding, signature 14 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 notarization, photographs, performance periods, reciprocity, 2 local government approvals, supporting documentation, periodic 3 reporting requirements, fingerprint requirements, continuing 4 education requirements, and ongoing education monitoring. The 5 application shall be supplemented as needed to reflect any 6 material change in any circumstance or condition stated in the 7 application which takes place between the initial filing of 8 the application and the final grant or denial of the license 9 and which might affect the decision of the department. In 10 order to further the economic development goals of the state, 11 and notwithstanding any law to the contrary, the department 12 may enter into an agreement with the county tax collector for 13 the purpose of appointing the county tax collector as the 14 department's agent to accept applications for licenses and 15 applications for renewals of licenses. The agreement must 16 specify the time within which the tax collector must forward 17 any applications and accompanying application fees to the 18 department. In cases where a person applies or schedules 19 directly with a national examination organization or 20 examination vendor to take an examination required for 21 licensure, any organization- or vendor-related fees associated 22 with the examination may be paid directly to the organization 23 or vendor. 24 (11) Any submission required to be in writing may be 25 made by electronic means. 26 (12) The department may not issue or renew a license 27 to any person who is not in compliance with all provisions of 28 a final order of a board or the department until that person 29 is in compliance with all terms and conditions of the final 30 order. The department may not issue or renew a license to any 31 person who is not in compliance with all legal obligations 15 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 under this chapter or the relevant practice act, including, 2 but not limited to, the obligation to pay all fees and 3 assessments that are owed and to complete all continuing 4 education requirements. This subsection applies to all 5 divisions within the department. 6 Section 10. Section 455.224, Florida Statutes, is 7 amended to read: 8 455.224 Authority to issue citations.-- 9 (1) Notwithstanding s. 455.225, the board or the 10 department shall adopt rules to permit the issuance of 11 citations. The citation shall be issued to the subject and 12 shall contain the subject's name and address, the subject's 13 license number if applicable, a brief factual statement, the 14 sections of the law allegedly violated, and the penalty 15 imposed. The citation must clearly state that the subject may 16 choose, in lieu of accepting the citation, to follow the 17 procedure under s. 455.225. If the subject disputes the matter 18 in the citation, the procedures set forth in s. 455.225 must 19 be followed. However, if the subject does not dispute the 20 matter in the citation with the department within 30 days 21 after the citation is served, the citation becomes a final 22 order and constitutes discipline. The penalty shall be a fine 23 or other conditions as established by rule. 24 (2) The board, or the department when there is no 25 board, shall adopt rules designating violations for which a 26 citation may be issued. Such rules shall designate as 27 citation violations those violations for which there is no 28 substantial threat to the public health, safety, and welfare. 29 (3) The department shall be entitled to recover the 30 costs of investigation, in addition to any penalty provided 31 according to board or department rule, as part of the penalty 16 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 levied pursuant to the citation. 2 (4) A citation must be issued within 6 months after 3 the filing of the complaint that is the basis for the 4 citation. 5 (5) Service of a citation may be made by personal 6 service or certified mail, restricted delivery, to the subject 7 at the subject's last known address. 8 (6) Within its jurisdiction, the department has 9 exclusive authority to, and shall adopt rules to, designate 10 those violations for which the licensee is subject to the 11 issuance of a citation and designate the penalties for those 12 violations if any board fails to incorporate this section into 13 rules by January 1, 1992. A board created on or after January 14 1, 1992, has 6 months in which to enact rules designating 15 violations and penalties appropriate for citation offenses. 16 Failure to enact such rules gives the department exclusive 17 authority to adopt rules as required for implementing this 18 section. A board has continuous authority to amend its rules 19 adopted pursuant to this section. 20 (7) Notwithstanding s. 455.017, any division within 21 the department may establish a citation program pursuant to 22 the provisions of this section in the enforcement of its 23 regulatory provisions. Any citation issued by a division 24 pursuant to this section must clearly state that the subject 25 may choose, in lieu of accepting the citation, to follow the 26 existing procedures established by law. If the subject does 27 not dispute the matter in the citation with the division 28 within 30 days after the citation is served, the citation 29 becomes a final order and constitutes discipline. The penalty 30 shall be a fine or other conditions as established by rule of 31 the appropriate division. 17 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Section 11. Subsections (10) and (11) of section 2 468.401, Florida Statutes, are amended to read: 3 468.401 Regulation of talent agencies; 4 definitions.--As used in this part or any rule adopted 5 pursuant hereto: 6 (10) "Registration" "License" means a registration 7 license issued by the department of Business and Professional 8 Regulation to carry on the business of a talent agency under 9 this part. 10 (11) "Registrant" "Licensee" means a talent agency 11 that which holds a valid unrevoked and unforfeited 12 registration license issued under this part. 13 Section 12. Section 468.402, Florida Statutes, is 14 amended to read: 15 468.402 Operation of a talent agency Duties of the 16 department; authority to issue and revoke license; adoption of 17 rules.-- 18 (1) It is unlawful to have The department may take any 19 one or more of the actions specified in subsection (5) against 20 any person who has: 21 (a) Obtained or attempted to obtain a registration any 22 license by means of fraud, misrepresentation, or concealment. 23 (b) Violated any provision of this part, chapter 455, 24 any lawful disciplinary order of the department, or any rule 25 of the department. 26 (c) Been found guilty of, or entered a plea of nolo 27 contendere to, regardless of adjudication, a crime involving 28 moral turpitude or dishonest dealings under the laws of this 29 state or any other state or government. 30 (d) Made, printed, published, distributed, or caused, 31 authorized, or knowingly permitted the making, printing, 18 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 publication, or distribution of any false statement, 2 description, or promise of such a character as to reasonably 3 induce any person to act to his or her damage or injury, if 4 such statement, description, or promises were purported to be 5 performed by the talent agency and if the owner or operator 6 then knew, or by the exercise of reasonable care and inquiry, 7 could have known, of the falsity of the statement, 8 description, or promise. 9 (e) Knowingly committed or been a party to any 10 material fraud, misrepresentation, concealment, conspiracy, 11 collusion, trick, scheme, or device whereby any other person 12 lawfully relying upon the work, representation, or conduct of 13 the talent agency acts or has acted to his or her injury or 14 damage. 15 (f) Failed or refused upon demand to disclose any 16 information, as required by this part, within his or her 17 knowledge, or failed or refused to produce any document, book, 18 or record in his or her possession for inspection as required 19 by to the department or any authorized agent thereof acting 20 within its jurisdiction or by authority of law. 21 (g) Established the talent agency within any place 22 where intoxicating liquors are sold, any place where gambling 23 is permitted, or any house of prostitution. 24 (h) Charged, collected, or received compensation for 25 any service performed by the talent agency greater than 26 specified in its schedule of maximum fees, charges, and 27 commissions previously filed with the department. 28 (i) Had a license or registration to operate a talent 29 agency revoked, suspended, or otherwise acted against, 30 including, but not limited to, having been denied a license or 31 registration for good cause by the licensing authority of 19 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 another state, territory, or country. 2 (j) Willfully made or filed a report or record that 3 the registrant licensee knew to be false, failed to file a 4 report or record required by state or federal law, impeded or 5 obstructed such filing, or induced another person to impede or 6 obstruct such filing. Such reports or records shall include 7 only those that are signed in the registrant's licensee's 8 capacity as a registered licensed talent agency. 9 (k) Advertised goods or services in a manner that was 10 fraudulent, false, deceptive, or misleading in form or 11 content. 12 (l) Advertised, operated, or attempted to operate 13 under a name other than the name appearing on the registration 14 license. 15 (m) Been found guilty of fraud or deceit in the 16 operation of a talent agency. 17 (n) Operated with a revoked, suspended, inactive, or 18 delinquent registration license. 19 (o) Permitted, aided, assisted, procured, or advised 20 any unlicensed person to operate a talent agency contrary to 21 this part or other law to a rule of the department. 22 (p) Failed to perform any statutory or legal 23 obligation placed on a licensed talent agency. 24 (q) Practiced or offered to practice beyond the scope 25 permitted by law or has accepted and performed professional 26 responsibilities that the registrant licensee knows or has 27 reason to know that he or she is not competent to perform. 28 (r) Conspired with another licensee or with any other 29 person to commit an act, or has committed an act, that would 30 tend to coerce, intimidate, or preclude another registrant 31 licensee from advertising his or her services. 20 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (s) Solicited business, either personally or through 2 an agent or through any other person, through the use of fraud 3 or deception or by other means; through the use of misleading 4 statements; or through the exercise of intimidation or undue 5 influence. 6 (t) Exercised undue influence on the artist in such a 7 manner as to exploit the artist for financial gain of the 8 registrant licensee or a third party, which includes, but is 9 not limited to, the promoting or selling of services to the 10 artist. 11 (2) The department may revoke any license that is 12 issued as a result of the mistake or inadvertence of the 13 department. 14 (2)(3) The department may has authority to adopt rules 15 pursuant to ss. 120.536(1) and 120.54 necessary to administer 16 implement the provisions of this part. 17 (3)(4) A revoked or suspended registration license 18 must be returned to the department within 7 days after the 19 time for appeal has elapsed. 20 (4)(5) Upon a finding of a violation of any one or 21 more of the grounds enumerated in subsection (1) or any other 22 section of this part, the department may take the following 23 actions: 24 (a) Deny an application for registration licensure as 25 a talent agency. 26 (b) Permanently Revoke or suspend the registration 27 license of a talent agency. 28 (c) Impose an administrative fine, not to exceed 29 $5,000, for each count or separate offense. 30 (d) Require restitution. 31 (e) Issue a public reprimand. 21 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (f) Place the licensee on probation, subject to such 2 conditions as the department may specify. 3 (6) A person shall be subject to the disciplinary 4 actions specified in subsection (5) for violations of 5 subsection (1) by that person's agents or employees in the 6 course of their employment with that person. 7 (5)(7) The department may deny a registration license 8 if any owner or operator listed on the application has been 9 associated with a talent agency whose registration license has 10 been revoked or otherwise disciplined. 11 Section 13. Section 468.403, Florida Statutes, is 12 amended to read: 13 468.403 Registration License requirements.-- 14 (1) A person may not own, operate, solicit business, 15 or otherwise engage in or carry on the occupation of a talent 16 agency in this state unless such person first registers with 17 procures a license for the talent agency from the department. 18 However, a registration license is not required for a person 19 who acts as an agent for herself or himself, a family member, 20 or exclusively for one artist. 21 (2) Each application for a registration license must 22 be accompanied by an application fee set by the department not 23 to exceed $300, plus the actual cost for fingerprint analysis 24 for each owner application, to cover the costs of 25 investigating the applicant. Each application for a change of 26 operator must be accompanied by an application fee of $150. 27 These fees are not refundable. 28 (3)(a) Each owner of a talent agency if other than a 29 corporation and each operator of a talent agency shall submit 30 to the department with the application for licensure of the 31 agency a full set of fingerprints and a photograph of herself 22 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 or himself taken within the preceding 2 years. The department 2 shall conduct an examination of fingerprint records and police 3 records. 4 (b) Each owner of a talent agency that is a 5 corporation shall submit to the department, with the 6 application for licensure of the agency, a full set of 7 fingerprints of the principal officer signing the application 8 form and the bond form, and a full set of fingerprints of each 9 operator, and a photograph of each taken within the preceding 10 2 years. The department shall conduct an examination of 11 fingerprint records and police records. 12 (3)(4) Each application must include: 13 (a) The name and address of the owner of the talent 14 agency. 15 (b) Proof of at least 1 year of direct experience or 16 similar experience of the operator of such agency in the 17 talent agency business or as a subagent, casting director, 18 producer, director, advertising agency, talent coordinator, or 19 musical booking agent. 20 (b)(c) The street and number of the building or place 21 where the talent agency is to be located. 22 (5) The department shall investigate the owner of an 23 applicant talent agency only to determine her or his ability 24 to comply with this part and shall investigate the operator of 25 an applicant talent agency to determine her or his employment 26 experience and qualifications. 27 (4)(6) If the applicant is other than a corporation, 28 the application shall also include the names and addresses of 29 all persons, except bona fide employees on stated salaries, 30 financially interested, either as partners, associates, or 31 profit sharers, in the operation of the talent agency in 23 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 question, together with the amount of their respective 2 interest. 3 (5)(7) If the applicant is a corporation, the 4 application shall include the corporate name and the names, 5 residential addresses, and telephone numbers of all persons 6 actively participating in the business of the corporation and 7 shall include the names of all persons exercising managing 8 responsibility in the applicant's or registrant's licensee's 9 office. 10 (8) The application must be accompanied by affidavits 11 of at least five reputable persons, other than artists, who 12 have known or have been associated with the applicant for at 13 least 3 years, stating that the applicant is a person of good 14 moral character or, in the case of a corporation, has a 15 reputation for fair dealing. 16 (6)(9) If any information in the application supplied 17 to the department by the applicant or registrant licensee 18 changes in any manner whatsoever, the applicant or registrant 19 licensee shall submit such changes to the department within 30 20 days after the date of such change or after the date such 21 change is known or should have been known to the applicant or 22 registrant licensee. 23 Section 14. Section 468.404, Florida Statutes, is 24 amended to read: 25 468.404 Registration License; fees; renewals.-- 26 (1) The department by rule shall establish biennial 27 fees for initial registration licensing, renewal of 28 registration license, and reinstatement of registration 29 license, none of which fees shall exceed $400. The department 30 may by rule establish a delinquency fee of no more than $50. 31 The fees shall be adequate to proportionately fund the 24 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 expenses of the department which are allocated to the 2 registering regulation of talent agencies and shall be based 3 on the department's estimate of the revenue required to 4 administer this part. 5 (2) If one or more individuals on the basis of whose 6 qualifications a talent agency registration license has been 7 obtained cease to be connected with the agency for any reason, 8 the agency business may be carried on for a temporary period, 9 not to exceed 90 days, under such terms and conditions as the 10 department provides by rule for the orderly closing of the 11 business or the replacement and qualifying of a new owner or 12 operator. The registrant's licensee's good standing under this 13 part shall be contingent upon the department's approval of any 14 such new owner or operator. 15 (3) No registration license shall be valid to protect 16 any business transacted under any name other than that 17 designated on in the registration license, unless consent is 18 first obtained from the department, unless written consent of 19 the surety or sureties on the original bond required by s. 20 468.408 is filed with the department, and unless the 21 registration license is returned to the department for the 22 recording thereon of such changes. A charge of $25 shall be 23 made by the department for the recording of authorization for 24 each change of name or change of location. 25 (4) No registration license issued under this part 26 shall be assignable. 27 Section 15. Section 468.406, Florida Statutes, is 28 amended to read: 29 468.406 Fees to be charged by talent agencies; rates; 30 display.-- 31 (1) Each talent agency applicant for a license shall 25 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 maintain and provide to its artists or potential clients file 2 with the application an itemized schedule of maximum fees, 3 charges, and commissions which it intends to charge and 4 collect for its services. This schedule may thereafter be 5 raised only by notifying its artists filing with the 6 department an amended or supplemental schedule at least 30 7 days before the change is to become effective. The schedule 8 shall be posted in a conspicuous place in each place of 9 business of the agency and shall be printed in not less than a 10 30-point boldfaced type, except that an agency that uses 11 written contracts containing maximum fee schedules need not 12 post such schedules. 13 (2) All money collected by a talent agency from an 14 employer for the benefit of an artist shall be paid to the 15 artist, less the talent agency's fee, within 5 business days 16 after the receipt of such money by the talent agency. No 17 talent agency is required to pay money to an artist until the 18 talent agency receives payment from the employer or buyer. 19 Section 16. Section 468.407, Florida Statutes, is 20 amended to read: 21 468.407 Registration License; content; posting.-- 22 (1) The talent agency registration license shall be 23 valid for the biennial period in which issued and shall be in 24 such form as may be determined by the department, but shall at 25 least specify the name under which the applicant is to 26 operate, the address of the place of business, the expiration 27 date of the registration license, the full names and titles of 28 the owner and the operator, and the number of the registration 29 license. 30 (2) The talent agency registration license shall at 31 all times be displayed conspicuously in the place of business 26 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 in such manner as to be open to the view of the public and 2 subject to the inspection of all duly authorized officers of 3 the state and county. 4 (3) If a registrant licensee desires to cancel his or 5 her registration license, he or she must notify the department 6 and forthwith return to the department the registration 7 license so canceled. No registration license fee may be 8 refunded upon cancellation of the registration license. 9 Section 17. Subsection (3) of section 468.410, Florida 10 Statutes, is amended to read: 11 468.410 Prohibition against registration fees; 12 referral.-- 13 (3) A talent agency shall give each applicant a copy 14 of a contract which lists the services to be provided and the 15 fees to be charged. The contract shall state that the talent 16 agency is registered with regulated by the department and 17 shall list the address and telephone number of the department. 18 Section 18. Section 468.412, Florida Statutes, is 19 amended to read: 20 468.412 Talent agency requirements regulations.-- 21 (1) A talent agency shall maintain a record sheet for 22 each booking. This shall be the only required record of 23 placement and shall be kept for a period of 1 year after the 24 date of the last entry in the buyer's file. 25 (2) Each talent agency shall keep records in which 26 shall be entered: 27 (a) The name and address of each artist employing such 28 talent agency; 29 (b) The amount of fees received from each such artist; 30 and 31 (c) The employment in which each such artist is 27 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 engaged at the time of employing such talent agency and the 2 amount of compensation of the artist in such employment, if 3 any, and the employments subsequently secured by such artist 4 during the term of the contract between the artist and the 5 talent agency and the amount of compensation received by the 6 artist pursuant thereto.; and 7 (d) Other information which the department may require 8 from time to time. 9 (3) All books, records, and other papers kept pursuant 10 to this act by any talent agency shall be open at all 11 reasonable hours to the inspection of the department and its 12 agents. Each talent agency shall furnish to the department, 13 upon request, a true copy of such books, records, and papers, 14 or any portion thereof, and shall make such reports as the 15 department may prescribe from time to time. 16 (3)(4) Each talent agency shall post in a conspicuous 17 place in the office of such talent agency a printed copy of 18 this part and of the rules adopted under this part. Such 19 copies shall also contain the name and address of the officer 20 charged with enforcing this part. The department shall 21 furnish to talent agencies printed copies of any statute or 22 rule required to be posted under this subsection. 23 (4)(5) No talent agency may knowingly issue a contract 24 for employment containing any term or condition which, if 25 complied with, would be in violation of law, or attempt to 26 fill an order for help to be employed in violation of law. 27 (5)(6) No talent agency may publish or cause to be 28 published any false, fraudulent, or misleading information, 29 representation, notice, or advertisement. All advertisements 30 of a talent agency by means of card, circulars, or signs, and 31 in newspapers and other publications, and all letterheads, 28 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 receipts, and blanks shall be printed and contain the 2 registered licensed name, department registration license 3 number, and address of the talent agency and the words "talent 4 agency." No talent agency may give any false information or 5 make any false promises or representations concerning an 6 engagement or employment to any applicant who applies for an 7 engagement or employment. 8 (6)(7) No talent agency may send or cause to be sent 9 any person as an employee to any house of ill fame, to any 10 house or place of amusement for immoral purposes, to any place 11 resorted to for the purposes of prostitution, to any place for 12 the modeling or photographing of a minor in the nude in the 13 absence of written permission from the minor's parents or 14 legal guardians, the character of which places the talent 15 agency could have ascertained upon reasonable inquiry. 16 (7)(8) No talent agency may divide fees with anyone, 17 including, but not limited to, an agent or other employee of 18 an employer, a buyer, a casting director, a producer, a 19 director, or any venue that uses entertainment. 20 (8)(9) If a talent agency collects from an artist a 21 fee or expenses for obtaining employment for the artist, and 22 the artist fails to procure such employment, or the artist 23 fails to be paid for such employment if procured, such talent 24 agency shall, upon demand therefor, repay to the artist the 25 fee and expenses so collected. Unless repayment thereof is 26 made within 48 hours after demand therefor, the talent agency 27 shall pay to the artist an additional sum equal to the amount 28 of the fee. 29 (9)(10) Each talent agency must maintain a permanent 30 office and must maintain regular operating hours at that 31 office. 29 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Section 19. Section 468.413, Florida Statutes, is 2 amended to read: 3 468.413 Unlawful acts Legal requirements; penalties.-- 4 (1) Each of the following acts constitutes a felony of 5 the third degree, punishable as provided in s. 775.082, s. 6 775.083, or s. 775.084: 7 (a) Owning or operating, or soliciting business as, a 8 talent agency in this state without first registering with 9 procuring a license from the department. 10 (b) Obtaining or attempting to obtain a registration 11 license by means of fraud, misrepresentation, or concealment. 12 (2) Each of the following acts constitutes a 13 misdemeanor of the second degree, punishable as provided in s. 14 775.082 or s. 775.083: 15 (a) Relocating a business as a talent agency, or 16 operating under any name other than that designated on the 17 registration license, unless written notification is given to 18 the department and to the surety or sureties on the original 19 bond, and unless the registration license is returned to the 20 department for the recording thereon of such changes. 21 (b) Assigning or attempting to assign a registration 22 license issued under this part. 23 (c) Failing to show on a registration license 24 application whether or not the agency or any owner of the 25 agency is financially interested in any other business of like 26 nature and, if so, failing to specify such interest or 27 interests. 28 (d) Failing to maintain the records required by s. 29 468.409 or knowingly making false entries in such records. 30 (e) Requiring as a condition to registering or 31 obtaining employment or placement for any applicant that the 30 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 applicant subscribe to, purchase, or attend any publication, 2 postcard service, advertisement, resume service, photography 3 service, school, acting school, workshop, or acting workshop. 4 (f) Failing to give each applicant a copy of a 5 contract which lists the services to be provided and the fees 6 to be charged, which states that the talent agency is 7 registered with regulated by the department, and which lists 8 the address and telephone number of the department. 9 (g) Failing to maintain a record sheet as required by 10 s. 468.412(1). 11 (h) Knowingly sending or causing to be sent any artist 12 to a prospective employer or place of business, the character 13 or operation of which employer or place of business the talent 14 agency knows to be in violation of the laws of the United 15 States or of this state. 16 (3) The court may, in addition to other punishment 17 provided for in subsection (1) or subsection (2), suspend or 18 revoke the registration license of any person licensee under 19 this part who has been found guilty of any violation of 20 subsection (1) or misdemeanor listed in subsection (2). 21 (4) If a In the event the department or any state 22 attorney finds shall have probable cause to believe that a 23 talent agency or other person has violated any provision of 24 subsection (1) or subsection (2), an action may be brought by 25 the department or any state attorney to enjoin such talent 26 agency or any person from continuing such violation, or 27 engaging therein or doing any acts in furtherance thereof, and 28 for such other relief as to the court seems appropriate. In 29 addition to this remedy, the department may permanently 30 prohibit a person from operating or working for a talent 31 agency assess a penalty against any talent agency or any 31 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 person in an amount not to exceed $1,000. 2 (5) Any person injured by a prohibited act or practice 3 in violation of this part may bring a civil action in circuit 4 court for temporary or permanent injunctive relief and may 5 seek appropriate civil relief, including, but not limited to, 6 a civil penalty not to exceed $5,000 for each violation, 7 restitution and treble damages for injured parties, and court 8 costs and reasonable attorney's fees. 9 Section 20. Section 468.414, Florida Statutes, is 10 amended to read: 11 468.414 Collection and deposit of moneys; 12 appropriation.--Proceeds from the fines, fees, and penalties 13 imposed pursuant to this part shall be deposited in the 14 Professional Regulation Trust Fund, created by s. 215.37. 15 Section 21. Section 468.415, Florida Statutes, is 16 amended to read: 17 468.415 Sexual misconduct in the operation of a talent 18 agency.--The talent agent-artist relationship is founded on 19 mutual trust. Sexual misconduct in the operation of a talent 20 agency means violation of the talent agent-artist relationship 21 through which the talent agent uses the relationship to induce 22 or attempt to induce the artist to engage or attempt to engage 23 in sexual activity. Sexual misconduct is prohibited in the 24 operation of a talent agency. If any agent, owner, or operator 25 of a registered licensed talent agency is found to have 26 committed sexual misconduct in the operation of a talent 27 agency, the agency registration license shall be permanently 28 revoked. Such agent, owner, or operator shall be permanently 29 disqualified from present and future registration licensure as 30 owner or operator of a Florida talent agency. 31 Section 22. Sections 468.405 and 468.408, Florida 32 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Statutes, are repealed. 2 Section 23. Subsection (7) of section 468.609, Florida 3 Statutes, is amended to read: 4 468.609 Administration of this part; standards for 5 certification; additional categories of certification.-- 6 (7)(a) The board may provide for the issuance of 7 provisional certificates valid for such period, not less than 8 3 years nor more than 5 years, as specified by board rule, to 9 any newly employed or promoted building code inspector or 10 plans examiner who meets the eligibility requirements 11 described in subsection (2) and any newly employed or promoted 12 building code administrator who meets the eligibility 13 requirements described in subsection (3). 14 (b) No building code administrator, plans examiner, or 15 building code inspector may have a provisional certificate 16 extended beyond the specified period by renewal or otherwise. 17 (c) The board may provide for appropriate levels of 18 provisional certificates and may issue these certificates with 19 such special conditions or requirements relating to the place 20 of employment of the person holding the certificate, the 21 supervision of such person on a consulting or advisory basis, 22 or other matters as the board may deem necessary to protect 23 the public safety and health. 24 (d)1. A newly employed or hired person may perform the 25 duties of a plans examiner or building code inspector for 90 26 days if a provisional certificate application has been 27 submitted, provided such person is under the direct 28 supervision of a certified building code administrator who 29 holds a standard certification and who has found such person 30 qualified for a provisional certificate. However, 31 2. Direct supervision and the determination of 33 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 qualifications under this paragraph may be provided by a 2 building code administrator who holds a limited or provisional 3 certificate in any county with a population of less than 4 75,000 and in any municipality located within such a county. 5 3. Direct supervision under this paragraph may be 6 provided in any county with a population of less than 75,000 7 and in any municipality within such county by 8 telecommunication devices if the supervision is appropriate 9 for the facts surrounding the performance of the duties being 10 supervised. 11 Section 24. Subsection (4) of section 468.627, Florida 12 Statutes, is amended to read: 13 468.627 Application; examination; renewal; fees.-- 14 (4) Employees of local government agencies having 15 responsibility for building code inspection, building 16 construction regulation, and enforcement of building, 17 plumbing, mechanical, electrical, gas, fire prevention, 18 energy, accessibility, and other construction codes shall pay 19 no application fees or examination fees. However, the fee 20 charged by the examination contract vendor to the department 21 for scheduling an examination of an employee of a local 22 government shall be recovered from any employee who does not 23 report for the scheduled examination. The department shall 24 have the final approval for excusing applicants from a 25 scheduled examination and may waive recovery of the fee in 26 case of hardship. 27 Section 25. Subsection (1) of section 471.025, Florida 28 Statutes, is amended to read: 29 471.025 Seals.-- 30 (1) The board shall prescribe, by rule, the forms a 31 form of seals seal to be used by registrants holding valid 34 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 certificates of registration. Each registrant shall obtain at 2 least one an impression-type metal seal in the form approved 3 by board rule aforesaid and may, in addition, register his or 4 her seal electronically in accordance with ss. 282.70-282.75. 5 All final drawings, specifications, plans, reports, or 6 documents prepared or issued by the registrant and being filed 7 for public record and all final bid documents provided to the 8 owner or the owner's representative shall be signed by the 9 registrant, dated, and stamped with said seal. Such signature, 10 date, and seal shall be evidence of the authenticity of that 11 to which they are affixed. Drawings, specifications, plans, 12 reports, final bid documents, or documents prepared or issued 13 by a registrant may be transmitted electronically and may be 14 signed by the registrant, dated, and stamped electronically 15 with said seal in accordance with ss. 282.70-282.75. 16 Section 26. Section 472.001, Florida Statutes, is 17 amended to read: 18 472.001 Purpose.--The Legislature deems it necessary 19 to regulate surveyors and mappers as provided in this chapter 20 ss. 472.001-472.041. 21 Section 27. Section 472.003, Florida Statutes, is 22 amended to read: 23 472.003 Exemptions Persons not affected by ss. 24 472.001-472.041.--This chapter does Sections 472.001-472.041 25 do not apply to: 26 (1) Any surveyor and mapper working as a salaried 27 employee of the United States Government when engaged in work 28 solely for the United States Government. 29 (2) A registered professional engineer who takes or 30 contracts for professional surveying and mapping services 31 incidental to her or his practice of engineering and who 35 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 delegates such surveying and mapping services to a registered 2 professional surveyor and mapper qualified within her or his 3 firm or contracts for such professional surveying and mapping 4 services to be performed by others who are registered 5 professional surveyors and mappers under this chapter the 6 provisions of ss. 472.001-472.041. 7 (3) The following persons when performing construction 8 layout from boundary, horizontal, and vertical controls that 9 have been established by a registered professional surveyor 10 and mapper: 11 (a) Contractors performing work on bridges, roads, 12 streets, highways, or railroads, or utilities and services 13 incidental thereto, or employees who are subordinates of such 14 contractors provided that the employee does not hold herself 15 or himself out for hire or engage in such contracting except 16 as an employee; 17 (b) Certified or registered contractors licensed 18 pursuant to part I of chapter 489 or employees who are 19 subordinates of such contractors provided that the employee 20 does not hold herself or himself out for hire or engage in 21 contracting except as an employee; and 22 (c) Registered professional engineers licensed 23 pursuant to chapter 471 and employees of a firm, corporation, 24 or partnership who are the subordinates of the registered 25 professional engineer in responsible charge. 26 (4) Persons employed by county property appraisers, as 27 defined at s. 192.001(3), and persons employed by the 28 Department of Revenue, to prepare maps for property appraisal 29 purposes only, but only to the extent that they perform 30 mapping services which do not include any surveying activities 31 as described in s. 472.005(4)(a) and (b). 36 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (5)(a) Persons who are employees of any state, county, 2 municipal, or other governmental unit of this state and who 3 are the subordinates of a person in responsible charge 4 registered under this chapter, to the extent that the 5 supervision meets standards adopted by rule of the board, if 6 any. 7 (b) Persons who are employees of any employee leasing 8 company licensed pursuant to part XI of chapter 468 and who 9 work as subordinates of a person in responsible charge 10 registered under this chapter. 11 (c) Persons who are employees of an individual 12 registered or legal entity certified under this chapter and 13 who are the subordinates of a person in responsible charge 14 registered under this chapter, to the extent that the 15 supervision meets standards adopted by rule of the board, if 16 any. 17 Section 28. Section 472.005, Florida Statutes, is 18 amended to read: 19 472.005 Definitions.--As used in this chapter ss. 20 472.001-472.041: 21 (1) "Board" means the Board of Professional Surveyors 22 and Mappers. 23 (2) "Department" means the Department of Business and 24 Professional Regulation. 25 (3) "Surveyor and mapper" includes the term 26 "professional surveyor and mapper" and means a person who is 27 registered to engage in the practice of surveying and mapping 28 under this chapter ss. 472.001-472.041. For the purposes of 29 this subsection statute, a surveyor and mapper means a person 30 who determines and displays the facts of size, shape, 31 topography, tidal datum planes, legal or geodetic location or 37 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 relation, and orientation of improved or unimproved real 2 property through direct measurement or from certifiable 3 measurement through accepted photogrammetric procedures. 4 (4)(a) "Practice of surveying and mapping" means, 5 among other things, any professional service or work, the 6 adequate performance of which involves the application of 7 special knowledge of the principles of mathematics, the 8 related physical and applied sciences, and the relevant 9 requirements of law for adequate evidence of the act of 10 measuring, locating, establishing, or reestablishing lines, 11 angles, elevations, natural and manmade features in the air, 12 on the surface and immediate subsurface of the earth, within 13 underground workings, and on the beds or surface of bodies of 14 water, for the purpose of determining, establishing, 15 describing, displaying, or interpreting the facts of size, 16 shape, topography, tidal datum planes, legal or geodetic 17 location or relocation, and orientation of improved or 18 unimproved real property and appurtenances thereto, including 19 acreage and condominiums. 20 (b) The practice of surveying and mapping also 21 includes, but is not limited to, photogrammetric control; the 22 monumentation and remonumentation of property boundaries and 23 subdivisions; the measurement of and preparation of plans 24 showing existing improvements after construction; the layout 25 of proposed improvements; the preparation of descriptions for 26 use in legal instruments of conveyance of real property and 27 property rights; the preparation of subdivision planning maps 28 and record plats, as provided for in chapter 177; the 29 determination of, but not the design of, grades and elevations 30 of roads and land in connection with subdivisions or divisions 31 of land; and the creation and perpetuation of alignments 38 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 related to maps, record plats, field note records, reports, 2 property descriptions, and plans and drawings that represent 3 them. 4 (5) The term "Surveyor and mapper intern" includes the 5 term "surveyor-mapper-in-training" and means a person who 6 complies with the requirements of this chapter provided by ss. 7 472.001-472.041 and who has passed an examination as provided 8 by rules adopted by the board. 9 (6) The term "Responsible charge" means direct control 10 and personal supervision of surveying and mapping work, but 11 does not include experience as a chainperson, rodperson, 12 instrumentperson, ordinary draftsperson, digitizer, scriber, 13 photo lab technician, ordinary stereo plotter operator, aerial 14 photo pilot, photo interpreter, and other positions of routine 15 work. 16 (7) The term "License" means the registration of 17 surveyors and mappers or the certification of businesses to 18 practice surveying and mapping in this state. 19 (8) "Photogrammetric mapper" means any person who 20 engages in the practice of surveying and mapping using aerial 21 or terrestrial photography or other sources of images. 22 (9) "Employee" means a person who receives 23 compensation from and is under the supervision and control of 24 an employer who regularly deducts the F.I.C.A. and withholding 25 tax and provides workers' compensation, all as prescribed by 26 law. 27 (10) "Subordinate" means an employee who performs work 28 under the direction, supervision, and responsible charge of a 29 person who is registered under this chapter. 30 (11) "Monument" means an artificial or natural object 31 that is permanent or semipermanent and used or presumed to 39 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 occupy any real property corner, any point on a boundary line, 2 or any reference point or other point to be used for 3 horizontal or vertical control. 4 (12) "Legal entity" means a corporation, partnership, 5 association, or person practicing under a fictitious name who 6 is certified under s. 472.021. 7 Section 29. Subsection (1) of section 472.011, Florida 8 Statutes, is amended to read: 9 472.011 Fees.-- 10 (1) The board, by rule, may establish fees to be paid 11 for applications, examination, reexamination, licensing and 12 renewal, inactive status application and reactivation of 13 inactive licenses, recordmaking and recordkeeping, and 14 applications for providers of continuing education. The board 15 may also establish by rule a delinquency fee. The board shall 16 establish fees that are adequate to ensure the continued 17 operation of the board. Fees shall be based on department 18 estimates of the revenue required to implement this chapter 19 ss. 472.001-472.041 and the provisions of law with respect to 20 the regulation of surveyors and mappers. 21 Section 30. Subsection (4) of section 472.015, Florida 22 Statutes, is amended to read: 23 472.015 Licensure.-- 24 (4) The department shall not issue a license by 25 endorsement to any applicant who is under investigation in 26 another state for any act that would constitute a violation of 27 this chapter ss. 472.001-472.041 or chapter 455 until such 28 time as the investigation is complete and disciplinary 29 proceedings have been terminated. 30 Section 31. Subsection (1) of section 472.021, Florida 31 Statutes, is amended to read: 40 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 472.021 Certification of partnerships and 2 corporations.-- 3 (1) The practice of or the offer to practice surveying 4 and mapping by registrants through a corporation or 5 partnership offering surveying and mapping services to the 6 public, or by a corporation or partnership offering said 7 services to the public through registrants under this chapter 8 ss. 472.001-472.041 as agents, employees, officers, or 9 partners, is permitted subject to the provisions of this 10 chapter ss. 472.001-472.041, provided that one or more of the 11 principal officers of the corporation or one or more partners 12 of the partnership and all personnel of the corporation or 13 partnership who act in its behalf as surveyors and mappers in 14 this state are registered as provided by this chapter ss. 15 472.001-472.041, and, further, provided that the corporation 16 or partnership has been issued a certificate of authorization 17 by the board as provided in this section. All final drawings, 18 specifications, plans, reports, or other papers or documents 19 involving the practice of surveying and mapping which are 20 prepared or approved for the use of the corporation or 21 partnership or for delivery to any person or for public record 22 within the state must be dated and must bear the signature and 23 seal of the registrant who prepared or approved them. Nothing 24 in this section shall be construed to allow a corporation to 25 hold a certificate of registration to practice surveying and 26 mapping. No corporation or partnership shall be relieved of 27 responsibility for the conduct or acts of its agents, 28 employees, or officers by reason of its compliance with this 29 section, nor shall any individual practicing surveying and 30 mapping be relieved of responsibility for professional 31 services performed by reason of his or her employment or 41 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 relationship with a corporation or partnership. 2 Section 32. Section 472.027, Florida Statutes, is 3 amended to read: 4 472.027 Minimum technical standards for surveying and 5 mapping.--The board shall adopt rules relating to the practice 6 of surveying and mapping which establish minimum technical 7 standards to ensure the achievement of no less than minimum 8 degrees of accuracy, completeness, and quality in order to 9 assure adequate and defensible real property boundary 10 locations and other pertinent information provided by 11 surveyors and mappers under the authority of this chapter ss. 12 472.001-472.041. 13 Section 33. Section 472.029, Florida Statutes, is 14 amended to read: 15 472.029 Authorization Surveyors and mappers authorized 16 to enter lands of third parties; under certain 17 conditions.--Surveyors and mappers and their subordinates may 18 go on, over, and upon the lands of others when necessary to 19 make surveys and maps or to search for, uncover, locate, or 20 set monuments, and, in so doing, may carry with them their 21 agents and employees necessary for that purpose. Entry under 22 the right hereby granted does not constitute trespass, and 23 surveyors and mappers and their subordinates and duly 24 authorized agents or employees so entering are not liable to 25 arrest or to a civil action by reason of such entry as long as 26 the entering is in compliance with all federal, state, and 27 local regulations pertaining to premises security, 28 agricultural protections, and other health and safety 29 requirements.; However, this section does not give authority 30 to registrants, subordinates, agents, or employees to destroy, 31 injure, damage, or otherwise move any physical improvements 42 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 anything on lands of another without the written permission of 2 the landowner. No landowner shall be liable to any third party 3 for any civil or criminal act, or any damages, which result in 4 whole or in part through the negligent or intentional conduct 5 of any person regulated by this section. If written notice is 6 delivered to a landowner or the landowner's registered agent 7 three business days prior to entry on a parcel containing more 8 than 160 acres classified as agricultural land, the duty of 9 care owed to those regulated by this section shall be that due 10 to a licensee under this chapter; however, if no such notice 11 is given, the landowner's duty of care shall be that due to an 12 unforeseen trespasser. 13 Section 34. Subsection (5) of section 810.12, Florida 14 Statutes, is amended to read: 15 810.12 Unauthorized entry on land; prima facie 16 evidence of trespass.-- 17 (5) However, this section shall not apply to any 18 official or employee of the state or a county, municipality, 19 or other governmental agency now authorized by law to enter 20 upon lands or to registered engineers, and surveyors and 21 mappers, and other persons authorized to enter lands pursuant 22 to ss. 471.027 and 472.029. The provisions of this section 23 shall not apply to the trimming or cutting of trees or timber 24 by municipal or private public utilities, or their employees, 25 contractors, or subcontractors, when such trimming is required 26 for the establishment or maintenance of the service furnished 27 by any such utility. 28 Section 35. Subsection (1) of section 472.031, Florida 29 Statutes, is amended to read: 30 472.031 Prohibitions; penalties.-- 31 (1) No person shall: 43 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (a) Practice surveying and mapping unless such person 2 is registered under this chapter pursuant to ss. 3 472.001-472.041; 4 (b) Use the name or title "registered surveyor and 5 mapper" when such person has not registered under this chapter 6 pursuant to ss. 472.001-472.041; 7 (c) Present as his or her own the registration of 8 another; 9 (d) Knowingly give false or forged evidence to the 10 board or a member thereof; or 11 (e) Use or attempt to use a registration that has been 12 suspended or revoked. 13 Section 36. Section 472.037, Florida Statutes, is 14 amended to read: 15 472.037 Application of chapter ss. 472.001-472.041.-- 16 (1) Nothing contained in this chapter ss. 17 472.001-472.041 shall be construed to repeal, amend, limit, or 18 otherwise affect any local building code or zoning law or 19 ordinance, now or hereafter enacted, which is more restrictive 20 with respect to the services of registered surveyors and 21 mappers than the provisions of this chapter ss. 22 472.001-472.041. 23 (2) In counties or municipalities that issue building 24 permits, such permits shall not be issued in any case where it 25 is apparent from the application for such building permit that 26 the provisions of this chapter ss. 472.001-472.041 have been 27 violated. However, this shall not authorize the withholding of 28 building permits in any cases within the exempt classes set 29 forth in this chapter ss. 472.001-472.041. 30 Section 37. Section 476.014, Florida Statutes, is 31 amended to read: 44 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 476.014 Short title.--This chapter act may be cited as 2 the "Barbers' Act." 3 Section 38. Section 476.034, Florida Statutes, is 4 amended to read: 5 476.034 Definitions.--As used in this chapter act: 6 (1) "Barber" means a person who is licensed to engage 7 in the practice of barbering in this state under the authority 8 of this chapter. 9 (2) "Barbering" means any of the following practices 10 when done for remuneration and for the public, but not when 11 done for the treatment of disease or physical or mental 12 ailments: shaving, cutting, trimming, coloring, shampooing, 13 arranging, dressing, curling, or waving the hair or beard or 14 applying oils, creams, lotions, or other preparations to the 15 face, scalp, or neck, either by hand or by mechanical 16 appliances. 17 (3) "Barbershop" means any place of business wherein 18 the practice of barbering is carried on. 19 (4) "Board" means the Barbers' Board of Barbering and 20 Cosmetology. 21 (5) "Department" means the Department of Business and 22 Professional Regulation. 23 Section 39. Section 476.054, Florida Statutes, is 24 amended to read: 25 476.054 Barbers' Board of Barbering and Cosmetology.-- 26 (1) There is created within the department the 27 Barbers' Board of Barbering and Cosmetology, consisting of 28 seven members who shall be appointed by the Governor, subject 29 to confirmation by the Senate. 30 (2) Two Five members of the board must shall be 31 licensed barbers who have practiced the occupation of 45 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 barbering in this state for at least 5 years. Three members 2 must be licensed cosmetologists who have practiced cosmetology 3 in this state for at least 5 years, and one member must be a 4 registered cosmetology specialist who has practiced his or her 5 specialty in this state for a least 5 years. The remaining 6 member must two members of the board shall be a resident 7 citizens of the state who is are not presently a licensed 8 barber or cosmetologist barbers. No person may shall be 9 appointed to the board who is in any way connected with the 10 manufacture, rental, or wholesale distribution of barber or 11 cosmetology equipment and supplies. 12 (3) As the terms of the members expire, the Governor 13 shall appoint successors for terms of 4 years; and such 14 members shall serve until their successors are appointed and 15 qualified. The Governor may remove any member for cause. 16 (4) No person may shall be appointed to serve more 17 than two consecutive terms. Any vacancy shall be filled by 18 appointment by the Governor for the unexpired portion of the 19 term. 20 (5) Each board member shall receive $50 per day, up to 21 a maximum of $2,000 per year, for time spent on board 22 business, plus per diem and mileage allowances as provided in 23 s. 112.061 from the place of her or his residence to the place 24 of meeting and the return therefrom. 25 (6) Before beginning duties as a board member, each 26 appointee must take the constitutional oath of office and file 27 it with the Department of State, which shall issue to such 28 member a certificate of appointment. 29 (7) The board shall, each January, elect from among 30 its members a chair and a vice chair. 31 (8) The board shall hold such meetings during the year 46 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 as necessary, one of which shall be the annual meeting. The 2 chair may call other meetings. A quorum shall consist of not 3 fewer than four members. 4 (9)(6) Each board member shall be held accountable to 5 the Governor for the proper performance of all duties and 6 obligations of such board member's office. The Governor shall 7 cause to be investigated any complaints or unfavorable reports 8 received concerning the actions of the board or its individual 9 members and shall take appropriate action thereon, which may 10 include removal of any board member for malfeasance, 11 misfeasance, neglect of duty, commission of a felony, 12 drunkenness, incompetency, or permanent inability to perform 13 her or his official duties. 14 Section 40. Section 476.064, Florida Statutes, is 15 amended to read: 16 476.064 Organization; headquarters; personnel; 17 meetings.-- 18 (1) The board shall annually elect a chair and a vice 19 chair from its number. The board shall maintain its 20 headquarters in Tallahassee. 21 (2) The department shall appoint or employ such 22 personnel as may be necessary to assist the board in 23 exercising the powers and performing the duties and 24 obligations set forth in this chapter act. Such personnel need 25 not be licensed barbers or cosmetologists and shall not be 26 members of the board. Such personnel shall be authorized to 27 do and perform such duties and work as may be assigned by the 28 board. 29 (3) The board shall hold an annual meeting and such 30 other meetings during the year as it may determine to be 31 necessary. The chair of the board may call other meetings at 47 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 her or his discretion. A quorum of the board shall consist of 2 not less than four members. 3 (3)(4) The board has authority to adopt rules pursuant 4 to ss. 120.536(1) and 120.54 necessary to administer implement 5 the provisions of this chapter. 6 Section 41. Subsections (1) and (2) of section 7 476.074, Florida Statutes, are amended to read: 8 476.074 Legal, investigative, and inspection 9 services.-- 10 (1) The department shall provide all legal services 11 needed to carry out the provisions of this chapter act. 12 (2) The department shall provide all investigative 13 services required by the board or the department in carrying 14 out the provisions of this chapter act. 15 Section 42. Subsection (2) of section 476.154, Florida 16 Statutes, is amended to read: 17 476.154 Biennial renewal of licenses.-- 18 (2) Any license or certificate of registration issued 19 pursuant to this chapter act for a period less than the 20 established biennial issuance period may be issued for that 21 lesser period of time, and the department shall adjust the 22 required fee accordingly. The board shall adopt rules 23 providing for such partial period fee adjustments. 24 Section 43. Paragraphs (a) and (b) of subsection (1) 25 of section 476.194, Florida Statutes, are amended to read: 26 476.194 Prohibited acts.-- 27 (1) It is unlawful for any person to: 28 (a) Engage in the practice of barbering without an 29 active license as a barber issued pursuant to the provisions 30 of this chapter act by the department. 31 (b) Engage in willful or repeated violations of this 48 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 chapter act or of any of the rules adopted by the board. 2 Section 44. Subsections (1) and (3) of section 3 476.214, Florida Statutes, are amended to read: 4 476.214 Grounds for suspending, revoking, or refusing 5 to grant license or certificate.-- 6 (1) The board shall have the power to revoke or 7 suspend any license, registration card, or certificate of 8 registration issued pursuant to this chapter act, or to 9 reprimand, censure, deny subsequent licensure of, or otherwise 10 discipline any holder of a license, registration card, or 11 certificate of registration issued pursuant to this chapter 12 act, for any of the following causes: 13 (a) Gross malpractice or gross incompetency in the 14 practice of barbering; 15 (b) Practice by a person knowingly having an 16 infectious or contagious disease; or 17 (c) Commission of any of the offenses described in s. 18 476.194. 19 (3) The board shall keep a record of its disciplinary 20 proceedings against holders of licenses or certificates of 21 registration issued pursuant to this chapter act. 22 Section 45. Section 476.234, Florida Statutes, is 23 amended to read: 24 476.234 Civil proceedings.--In addition to any other 25 remedy, the department may file a proceeding in the name of 26 the state seeking issuance of a restraining order, injunction, 27 or writ of mandamus against any person who is or has been 28 violating any of the provisions of this chapter act or the 29 lawful rules or orders of the board, commission, or 30 department. 31 Section 46. Subsection (1) of section 477.013, Florida 49 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Statutes, is amended to read: 2 477.013 Definitions.--As used in this chapter: 3 (1) "Board" means the Board of Barbering and 4 Cosmetology. 5 Section 47. Section 477.015, Florida Statutes, is 6 repealed. 7 Section 48. The Barbers' Board created pursuant to 8 section 476.054, Florida Statutes, and the Board of 9 Cosmetology created pursuant to section 477.015, Florida 10 Statutes, are abolished. All rules of the Barbers' Board and 11 the Board of Cosmetology in effect on the effective date of 12 this act shall remain in full force and shall become rules of 13 the Board of Barbering and Cosmetology. 14 Section 49. The Board of Barbering and Cosmetology is 15 created by this act by the amendment of section 476.054, 16 Florida Statutes, and the repeal of section 477.015, Florida 17 Statutes. Appointments to this board are new and shall be made 18 by the Governor, subject to confirmation by the Senate, for 19 initial terms of 4 years or less so that no more than two 20 terms expire in any one year. The board shall assume 21 responsibilities for the regulation of barbering pursuant to 22 chapter 476, Florida Statutes, and the regulation of 23 cosmetology pursuant to chapter 477, Florida Statutes, as 24 provided in those chapters. 25 Section 50. The Board of Barbering and Cosmetology 26 shall be replaced as the party of interest for any legal 27 actions naming the Barbers' Board or the Board of Cosmetology 28 as a party. 29 Section 51. Subsection (7) of section 477.019, Florida 30 Statutes, is amended to read: 31 477.019 Cosmetologists; qualifications; licensure; 50 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 supervised practice; license renewal; endorsement; continuing 2 education.-- 3 (7)(a) The board shall prescribe by rule continuing 4 education requirements intended to ensure protection of the 5 public through updated training of licensees and registered 6 specialists, not to exceed 16 hours biennially, as a condition 7 for renewal of a license or registration as a specialist under 8 this chapter. Continuing education courses shall include, but 9 not be limited to, the following subjects as they relate to 10 the practice of cosmetology: human immunodeficiency virus and 11 acquired immune deficiency syndrome; Occupational Safety and 12 Health Administration regulations; workers' compensation 13 issues; state and federal laws and rules as they pertain to 14 cosmetologists, cosmetology, salons, specialists, specialty 15 salons, and booth renters; chemical makeup as it pertains to 16 hair, skin, and nails; and environmental issues. Courses given 17 at cosmetology conferences may be counted toward the number of 18 continuing education hours required if approved by the board. 19 (b) Any person whose occupation or practice is 20 confined solely to hair braiding, hair wrapping, or body 21 wrapping is exempt from the continuing education requirements 22 of this subsection. 23 (c) The board shall by rule establish criteria for the 24 approval of continuing education courses and providers. The 25 board may, by rule, require any licensee in violation of a 26 continuing education requirement to take a refresher course or 27 refresher course and examination in addition to any other 28 penalty. The number of hours for the refresher course may not 29 exceed 48 hours. 30 (d) The department shall approve all continuing 31 education courses and providers as set forth in this 51 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 subsection. The board may not approve any course which does 2 not substantially and exclusively relate to the practice of 3 cosmetology and serve to ensure the protection of the public. 4 Courses given at cosmetology conferences may be counted toward 5 the number of continuing education hours required if approved 6 by the department. 7 (e) Correspondence courses may be approved if offered 8 by a provider approved by the board under paragraph (d) and 9 meet all relevant course criteria established by the board. 10 Correspondence courses must include a written post course 11 examination developed and graded by the course provider which 12 demonstrates the licensee's understanding of the subject 13 matter taught by the course. The board may, by rule, set the 14 minimum allowed passing score for such examinations. 15 Section 52. Subsection (1) of section 477.026, Florida 16 Statutes, is amended to read: 17 477.026 Fees; disposition.-- 18 (1) The board shall set fees according to the 19 following schedule: 20 (a) For cosmetologists, fees for original licensing, 21 license renewal, and delinquent renewal shall not exceed $25. 22 (b) For cosmetologists, fees for endorsement 23 application, examination, and reexamination shall not exceed 24 $50. 25 (c) For cosmetology and specialty salons, fees for 26 license application, original licensing, license renewal, and 27 delinquent renewal shall not exceed $50. 28 (d) For specialists, fees for application and 29 endorsement registration shall not exceed $30. 30 (e) For specialists, fees for initial registration, 31 registration renewal, and delinquent renewal shall not exceed 52 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 $50. 2 (f) For hair braiders, hair wrappers, and body 3 wrappers, fees for initial registration, registration renewal, 4 and delinquent renewal shall not exceed $25. 5 Section 53. Subsection (1) of section 481.209, Florida 6 Statutes, is amended to read: 7 481.209 Examinations.-- 8 (1) A person desiring to be licensed as a registered 9 architect shall apply to the department to take the licensure 10 examination. The department shall administer the licensure 11 examination for architects to each applicant who the board 12 certifies: 13 (a) Has completed the application form and remitted a 14 nonrefundable application fee and an examination fee which is 15 refundable if the applicant is found to be ineligible to take 16 the examination; 17 (b)1. Has successfully completed all architectural 18 curriculum courses required by and Is a graduate of a school 19 or college of architecture accredited by the National 20 Architectural Accreditation Board; or 21 2. Is a graduate of an approved architectural 22 curriculum, evidenced by a degree from an unaccredited school 23 or college of architecture approved by the board. The board 24 shall adopt rules providing for the review and approval of 25 unaccredited schools and colleges of architecture and courses 26 of architectural study based on a review and inspection by the 27 board of the curriculum of accredited schools and colleges of 28 architecture in the United States, including those schools and 29 colleges accredited by the National Architectural 30 Accreditation Board; and 31 (c) Has completed, prior to examination, 1 year of the 53 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 internship experience required by s. 481.211(1). 2 Section 54. Section 481.223, Florida Statutes, is 3 amended to read: 4 481.223 Prohibitions; penalties; injunctive relief.-- 5 (1) A person may not knowingly: 6 (a) Practice architecture unless the person is an 7 architect or a registered architect; 8 (b) Practice interior design unless the person is a 9 registered interior designer unless otherwise exempted herein; 10 (c) Use the name or title "architect" or "registered 11 architect," or "interior designer" or "registered interior 12 designer," or words to that effect, when the person is not 13 then the holder of a valid license issued pursuant to this 14 part; 15 (d) Present as his or her own the license of another; 16 (e) Give false or forged evidence to the board or a 17 member thereof; 18 (f) Use or attempt to use an architect or interior 19 designer license that has been suspended, revoked, or placed 20 on inactive or delinquent status; 21 (g) Employ unlicensed persons to practice architecture 22 or interior design; or 23 (h) Conceal information relative to violations of this 24 part. 25 (2) Any person who violates any provision of 26 subsection (1) this section commits a misdemeanor of the first 27 degree, punishable as provided in s. 775.082 or s. 775.083. 28 (3)(a) Notwithstanding chapter 455 or any other 29 provision of law to the contrary, an affected person may 30 maintain an action for injunctive relief to restrain or 31 prevent a person from violating paragraph (1)(a), paragraph 54 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (1)(b), or paragraph (1)(c). The prevailing party shall be 2 entitled to actual costs and attorney's fees. 3 (b) For purposes of this subsection, "affected person" 4 means a person directly affected by the actions of a person 5 suspected of violating paragraph (1)(a), paragraph (1)(b), or 6 paragraph (1)(c) and includes, but is not limited to, the 7 department, any person who received services from the alleged 8 violator, or any private association composed primarily of 9 members of the profession the alleged violator is practicing 10 or offering to practice or holding himself or herself out as 11 qualified to practice. 12 Section 55. Effective July 1, 2001, subsections (2) 13 and (4) of section 489.107, Florida Statutes, are amended to 14 read: 15 489.107 Construction Industry Licensing Board.-- 16 (2) The board shall consist of 16 18 members, of whom: 17 (a) Four are primarily engaged in business as general 18 contractors; 19 (b) Three are primarily engaged in business as 20 building contractors or residential contractors, however, at 21 least one building contractor and one residential contractor 22 shall be appointed; 23 (c) One is primarily engaged in business as a roofing 24 contractor; 25 (d) One is primarily engaged in business as a sheet 26 metal contractor; 27 (e) One is primarily engaged in business as an 28 air-conditioning contractor; 29 (f) One is primarily engaged in business as a 30 mechanical contractor; 31 (g) One is primarily engaged in business as a pool 55 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 contractor; 2 (h) One is primarily engaged in business as a plumbing 3 contractor; 4 (i) One is primarily engaged in business as an 5 underground utility and excavation contractor; 6 (j) Notwithstanding the provisions of s. 20.165(6), 7 one is a Two are consumer member members who is are not, and 8 has have never been, a member members or practitioner 9 practitioners of a profession regulated by the board or a 10 member members of any closely related profession; and 11 (k) One is a Two are building official officials of a 12 municipality or county. 13 (l) On the date the reduction of the number of members 14 on the board made by this act becomes effective, the affected 15 appointments shall be those in the reduced membership class 16 whose terms next expire. 17 (4) The board shall be divided into two divisions, 18 Division I and Division II. 19 (a) Division I is comprised of the general contractor, 20 building contractor, and residential contractor members of the 21 board; one of the members appointed pursuant to paragraph 22 (2)(j); and one of the member members appointed pursuant to 23 paragraph (2)(k). Division I has jurisdiction over the 24 regulation of general contractors, building contractors, and 25 residential contractors. 26 (b) Division II is comprised of the roofing 27 contractor, sheet metal contractor, air-conditioning 28 contractor, mechanical contractor, pool contractor, plumbing 29 contractor, and underground utility and excavation contractor 30 members of the board; and one of the member members appointed 31 pursuant to paragraph (2)(j); and one of the members appointed 56 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 pursuant to paragraph (2)(k). Division II has jurisdiction 2 over the regulation of contractors defined in s. 3 489.105(3)(d)-(p). 4 (c) Jurisdiction for the regulation of specialty 5 contractors defined in s. 489.105(3)(q) shall lie with the 6 division having jurisdiction over the scope of work of the 7 specialty contractor as defined by board rule. 8 Section 56. Section 489.1133, Florida Statutes, is 9 created to read: 10 489.1133 Temporary certificate or registration.--The 11 department may issue a temporary certificate or registration 12 to any applicant who has submitted a completed application and 13 who appears to meet all qualifications for certification or 14 registration, pending final approval of the application and 15 the granting of a permanent certificate or registration by the 16 board. If the board determines that the applicant does not 17 meet all of the requirements for certification or registration 18 under this part, the board shall, upon notifying the applicant 19 of his or her failure to qualify, revoke the applicant's 20 temporary certificate or registration. 21 Section 57. Paragraph (b) of subsection (4) of section 22 489.115, Florida Statutes, as amended by chapters 98-287 and 23 2000-141, Laws of Florida, is amended to read: 24 489.115 Certification and registration; endorsement; 25 reciprocity; renewals; continuing education.-- 26 (4) 27 (b)1. Each certificateholder or registrant shall 28 provide proof, in a form established by rule of the board, 29 that the certificateholder or registrant has completed at 30 least 14 classroom hours of at least 50 minutes each of 31 continuing education courses during each biennium since the 57 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 issuance or renewal of the certificate or registration. The 2 board shall establish by rule that a portion of the required 3 14 hours must deal with the subject of workers' compensation, 4 business practices, and workplace safety. The board shall by 5 rule establish criteria for the approval of continuing 6 education courses and providers, including requirements 7 relating to the content of courses and standards for approval 8 of providers, and may by rule establish criteria for accepting 9 alternative nonclassroom continuing education on an 10 hour-for-hour basis. The board shall prescribe by rule the 11 continuing education, if any, which is required during the 12 first biennium of initial licensure. A person who has been 13 licensed for less than an entire biennium must not be required 14 to complete the full 14 hours of continuing education. 15 2. In addition, the board may approve specialized 16 continuing education courses on compliance with the wind 17 resistance provisions for one and two family dwellings 18 contained in the Florida Building Code and any alternate 19 methodologies for providing such wind resistance which have 20 been approved for use by the Florida Building Commission. 21 Contractors defined in s. 489.105(3)(a)-(c) Division I 22 certificateholders or registrants who demonstrate proficiency 23 upon completion of such specialized courses may certify plans 24 and specifications for one and two family dwellings to be in 25 compliance with the code or alternate methodologies, as 26 appropriate, except for dwellings located in floodways or 27 coastal hazard areas as defined in ss. 60.3D and E of the 28 National Flood Insurance Program. 29 3. Each certificateholder or registrant shall provide 30 to the board proof of completion of the core curriculum 31 courses, or passing the equivalency test of the Building Code 58 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Training Program established under s. 553.841, specific to the 2 licensing category sought, within 2 years after commencement 3 of the program or of initial certification or registration, 4 whichever is later. Classroom hours spent taking core 5 curriculum courses shall count toward the number required for 6 renewal of certificates or registration. A certificateholder 7 or registrant who passes the equivalency test in lieu of 8 taking the core curriculum courses shall receive full credit 9 for core curriculum course hours. 10 4. The board shall require, by rule adopted pursuant 11 to ss. 120.536(1) and 120.54, a specified number of hours in 12 specialized or advanced module courses, approved by the 13 Florida Building Commission, on any portion of the Florida 14 Building Code, adopted pursuant to part VII of chapter 553, 15 relating to the contractor's respective discipline. 16 Section 58. Subsection (1) of section 489.118, Florida 17 Statutes, is amended to read: 18 489.118 Certification of registered contractors; 19 grandfathering provisions.--The board shall, upon receipt of a 20 completed application and appropriate fee, issue a certificate 21 in the appropriate category to any contractor registered under 22 this part who makes application to the board and can show that 23 he or she meets each of the following requirements: 24 (1) Currently holds a valid registered local license 25 in one of the contractor categories defined in s. 26 489.105(3)(a)-(p) or holds a valid registered local specialty 27 license which substantially corresponds to a type of specialty 28 contractor recognized for state certification pursuant to 29 board rule under s. 489.113(6). 30 Section 59. Subsection (1) of section 489.13, Florida 31 Statutes is amended to read: 59 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 489.13 Unlicensed contracting; authority to issue or 2 receive a building permit.-- 3 (1) Any person performing an activity requiring 4 licensure under this part as a construction contractor is 5 guilty of unlicensed contracting if he or she does not hold a 6 valid active certificate or registration authorizing him or 7 her to perform such activity, regardless of whether he or she 8 holds a local construction contractor license or local 9 certificate of competency, except where he or she holds a 10 valid local specialty license as defined in s. 489.105(3)(q). 11 Persons working outside the geographical scope of their 12 registration are guilty of unlicensed activity for purposes of 13 this part. 14 Section 60. Subsection (6) of section 489.507, Florida 15 Statutes, is repealed. 16 Section 61. The Electrical Contractors' Licensing 17 Board shall review its operations and its regular board 18 meeting lengths and locations and develop a plan to reduce its 19 annual operating budget by $25,000, and shall submit the plan 20 to the Department of Business and Professional Regulation by 21 January 1, 2002. 22 Section 62. Subsection (6) of section 489.511, Florida 23 Statutes, is amended to read: 24 489.511 Certification; application; examinations; 25 endorsement.-- 26 (6) The board shall certify as qualified for 27 certification by endorsement any individual who applies from a 28 state that has a mutual reciprocity endorsement agreement with 29 the board and applying for certification who: 30 (a) meets the requirements for certification as set 31 forth in this section; has passed a national, regional, state, 60 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 or United States territorial licensing examination that is 2 substantially equivalent to the examination required by this 3 part; and has satisfied the requirements set forth in s. 4 489.521.; or 5 (b) Holds a valid license to practice electrical or 6 alarm system contracting issued by another state or territory 7 of the United States, if the criteria for issuance of such 8 license was substantially equivalent to the certification 9 criteria that existed in this state at the time the 10 certificate was issued. 11 Section 63. Subsection (5) of section 498.005, Florida 12 Statutes, is amended to read: 13 498.005 Definitions.--As used in this chapter, unless 14 the context otherwise requires, the term: 15 (5) "Division" means the Division of Real Estate 16 Florida Land Sales, Condominiums, and Mobile Homes of the 17 Department of Business and Professional Regulation. 18 Section 64. Section 498.019, Florida Statutes, is 19 amended to read: 20 498.019 Professional Regulation Division of Florida 21 Land Sales, Condominiums, and Mobile Homes Trust Fund.-- 22 (1) There is created within the State Treasury the 23 Division of Florida Land Sales, Condominiums, and Mobile Homes 24 Trust Fund to be used for the administration and operation of 25 this chapter and chapters 718, 719, 721, and 723 by the 26 division. 27 (2) All moneys collected by the division from fees, 28 fines, or penalties or from costs awarded to the division by a 29 court shall be paid into the Professional Regulation Division 30 of Florida Land Sales, Condominiums, and Mobile Homes Trust 31 Fund to be used to administer and enforce this chapter and 61 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 rules adopted thereunder. The department shall maintain a 2 separate account in the trust fund and shall administer the 3 account pursuant to s. 455.219. The Legislature shall 4 appropriate funds from this trust fund sufficient to carry out 5 the provisions of this chapter and the provisions of law with 6 respect to each category of business covered by this trust 7 fund. The division shall maintain separate revenue accounts 8 in the trust fund for each of the businesses regulated by the 9 division. The division shall provide for the proportionate 10 allocation among the accounts of expenses incurred by the 11 division in the performance of its duties with respect to each 12 of these businesses. As part of its normal budgetary process, 13 the division shall prepare an annual report of revenue and 14 allocated expenses related to the operation of each of these 15 businesses which may be used to determine fees charged by the 16 division. This subsection shall operate pursuant to the 17 provisions of s. 215.20. 18 Section 65. Subsection (5) of section 498.049, Florida 19 Statutes, is amended to read: 20 498.049 Suspension; revocation; civil penalties.-- 21 (5) Each person who materially participates in any 22 offer or disposition of any interest in subdivided lands in 23 violation of this chapter or relevant rules involving fraud, 24 deception, false pretenses, misrepresentation, or false 25 advertising or the disposition, concealment, or diversion of 26 any funds or assets of any person which adversely affects the 27 interests of a purchaser of any interest in subdivided lands, 28 and who directly or indirectly controls a subdivider or is a 29 general partner, officer, director, agent, or employee of a 30 subdivider shall also be liable under this subsection jointly 31 and severally with and to the same extent as the subdivider, 62 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 unless that person did not know, and in the exercise of 2 reasonable care could not have known, of the existence of the 3 facts creating the alleged liability. Among these persons a 4 right of contribution shall exist, except that a creditor of a 5 subdivider shall not be jointly and severally liable unless 6 the creditor has assumed managerial or fiduciary 7 responsibility in a manner related to the basis for the 8 liability of the subdivider under this subsection. Civil 9 penalties shall be limited to $10,000 for each offense, and 10 all amounts collected shall be deposited with the Treasurer to 11 the credit of the Professional Regulation Division of Florida 12 Land Sales, Condominiums, and Mobile Homes Trust Fund. No 13 order requiring the payment of a civil penalty shall become 14 effective until 20 days after the date of the order, unless 15 otherwise agreed in writing by the person on whom the penalty 16 is imposed. 17 Section 66. Subsection (2) of section 190.009, Florida 18 Statutes, is amended to read: 19 190.009 Disclosure of public financing.-- 20 (2) The Division of Real Estate Florida Land Sales, 21 Condominiums, and Mobile Homes of the Department of Business 22 and Professional Regulation shall ensure that disclosures made 23 by developers pursuant to chapter 498 meet the requirements of 24 subsection (1). 25 Section 67. The regulation of land sales pursuant to 26 chapter 498, Florida Statutes, shall remain under the 27 Department of Business and Professional Regulation but is 28 reassigned from the Division of Florida Land Sales, 29 Condominiums, and Mobile Homes to the Division of Real Estate. 30 All funds collected by the department pursuant to this 31 regulation and all funds in the account created within the 63 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Florida Land Sales, Condominiums, and Mobile Homes Trust Fund 2 for the purpose of this regulation shall be deposited in an 3 account created within the Professional Regulation Trust Fund 4 for this same purpose. 5 Section 68. Subsection (17) of section 718.103, 6 Florida Statutes, is amended to read: 7 718.103 Definitions.--As used in this chapter, the 8 term: 9 (17) "Division" means the Division of Florida Land 10 Sales, Condominiums, Timeshare, and Mobile Homes of the 11 Department of Business and Professional Regulation. 12 Section 69. Paragraph (c) of subsection (4) of section 13 718.105, Florida Statutes, is amended to read: 14 718.105 Recording of declaration.-- 15 (4) 16 (c) If the sum of money held by the clerk has not been 17 paid to the developer or association as provided in paragraph 18 (b) by 3 years after the date the declaration was originally 19 recorded, the clerk in his or her discretion may notify, in 20 writing, the registered agent of the association that the sum 21 is still available and the purpose for which it was deposited. 22 If the association does not record the certificate within 90 23 days after the clerk has given the notice, the clerk may 24 disburse the money to the developer. If the developer cannot 25 be located, the clerk shall disburse the money to the division 26 of Florida Land Sales, Condominiums, and Mobile Homes for 27 deposit in the Division of Florida Land Sales, Condominiums, 28 Timeshare, and Mobile Homes Trust Fund. 29 Section 70. Paragraph (f) of subsection (2) of section 30 718.112, Florida Statutes, is amended to read: 31 718.112 Bylaws.-- 64 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (2) REQUIRED PROVISIONS.--The bylaws shall provide for 2 the following and, if they do not do so, shall be deemed to 3 include the following: 4 (f) Annual budget.-- 5 1. The proposed annual budget of common expenses shall 6 be detailed and shall show the amounts budgeted by accounts 7 and expense classifications, including, if applicable, but not 8 limited to, those expenses listed in s. 718.504(21). A 9 multicondominium association shall adopt a separate budget of 10 common expenses for each condominium the association operates 11 and shall adopt a separate budget of common expenses for the 12 association. In addition, if the association maintains limited 13 common elements with the cost to be shared only by those 14 entitled to use the limited common elements as provided for in 15 s. 718.113(1), the budget or a schedule attached thereto shall 16 show amounts budgeted therefor. If, after turnover of control 17 of the association to the unit owners, any of the expenses 18 listed in s. 718.504(21) are not applicable, they need not be 19 listed. 20 2. In addition to annual operating expenses, the 21 budget may shall include reserve accounts for capital 22 expenditures and deferred maintenance. These accounts shall 23 include, but are not limited to, roof replacement, building 24 painting, and pavement resurfacing, regardless of the amount 25 of deferred maintenance expense or replacement cost, and for 26 any other item for which the deferred maintenance expense or 27 replacement cost exceeds $10,000. The amount to be reserved 28 shall be computed by means of a formula which is based upon 29 estimated remaining useful life and estimated replacement cost 30 or deferred maintenance expense of each reserve item. The 31 association may adjust replacement reserve assessments 65 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 annually to take into account any changes in estimates or 2 extension of the useful life of a reserve item caused by 3 deferred maintenance. This subsection applies does not apply 4 to an adopted budget in which the members of an association 5 have determined, by a majority vote at a duly called meeting 6 of the association, to provide the no reserves as described in 7 or less reserves than required by this subsection. However, 8 prior to turnover of control of an association by a developer 9 to unit owners other than a developer pursuant to s. 718.301, 10 the developer may vote to waive the reserves or reduce the 11 funding of reserves for the first 2 fiscal years of the 12 association's operation, beginning with the fiscal year in 13 which the initial declaration is recorded, after which time 14 reserves may be required waived or reduced only upon the vote 15 of a majority of all nondeveloper voting interests voting in 16 person or by limited proxy at a duly called meeting of the 17 association. If a meeting of the unit owners has been called 18 to determine whether to waive or reduce the funding of 19 reserves, and no such result is achieved or a quorum is not 20 attained, the reserves as included in the budget shall go into 21 effect. After the turnover, the developer may vote its voting 22 interest to provide for waive or reduce the funding of 23 reserves. 24 3. Reserve funds and any interest accruing thereon 25 shall remain in the reserve account or accounts, and shall be 26 used only for authorized reserve expenditures unless their use 27 for other purposes is approved in advance by a majority vote 28 at a duly called meeting of the association. Prior to turnover 29 of control of an association by a developer to unit owners 30 other than the developer pursuant to s. 718.301, the 31 developer-controlled association shall not vote to use 66 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 reserves for purposes other than that for which they were 2 intended without the approval of a majority of all 3 nondeveloper voting interests, voting in person or by limited 4 proxy at a duly called meeting of the association. 5 4. In a multicondominium association, the only voting 6 interests which are eligible to vote on questions that involve 7 waiving or reducing the funding of reserves, or using existing 8 reserve funds for purposes other than purposes for which the 9 reserves were intended, are the voting interests of the units 10 subject to assessment to fund the reserves in question. 11 Section 71. Section 718.1255, Florida Statutes, is 12 amended to read: 13 718.1255 Alternative dispute resolution; voluntary 14 mediation; mandatory nonbinding arbitration and mediation; 15 local resolution; exemptions; legislative findings.-- 16 (1) APPLICABILITY DEFINITIONS.-- 17 (a) The provisions of subsection (3) apply to As used 18 in this section, the term "dispute" means any disagreement 19 between two or more parties that involves: 20 (a) The authority of the board of directors, under 21 this chapter or association document to: 22 1. Require any owner to take any action, or not to 23 take any action, involving that owner's unit or the 24 appurtenances thereto. 25 2. Alter or add to a common area or element. 26 (b) the failure of a governing body, when required by 27 this chapter or an association document, to: 28 1. properly conduct elections or to recall a board 29 member. 30 (b) The provisions of paragraph (3)(f)-(n) apply to 31 any disagreement between two or more parties that involves: 67 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 1. The authority of the board of directors, under this 2 chapter or an association document, to: 3 a. Require any owner to take any action, or not to 4 take any action, involving that owner's unit or the 5 appurtenances thereto; or 6 b. Alter or add to a common area or element. 7 2. The failure of a governing body, when required by 8 this chapter or an association document, to: 9 a.2. Give adequate notice of meetings or other 10 actions;. 11 b.3. Properly conduct meetings; or. 12 c.4. Allow inspection of books and records. 13 14 "Dispute" does not include any disagreement that primarily 15 involves: title to any unit or common element; the 16 interpretation or enforcement of any warranty; the levy of a 17 fee or assessment, or the collection of an assessment levied 18 against a party; the eviction or other removal of a tenant 19 from a unit; alleged breaches of fiduciary duty by one or more 20 directors; or claims for damages to a unit based upon the 21 alleged failure of the association to maintain the common 22 elements or condominium property. 23 (2) VOLUNTARY MEDIATION.--Voluntary mediation through 24 Citizen Dispute Settlement Centers as provided for in s. 25 44.201 is encouraged. 26 (2)(3) LEGISLATIVE FINDINGS.-- 27 (a) The Legislature finds that unit owners are 28 frequently at a disadvantage when litigating against an 29 association. Specifically, a condominium association, with its 30 statutory assessment authority, is often more able to bear the 31 costs and expenses of litigation than the unit owner who must 68 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 rely on his or her own financial resources to satisfy the 2 costs of litigation against the association. 3 (b) The Legislature finds that the courts are becoming 4 overcrowded with condominium and other disputes, and further 5 finds that alternative dispute resolution has been making 6 progress in reducing court dockets and trials and in offering 7 a more efficient, cost-effective option to court litigation. 8 However, the Legislature also finds that alternative dispute 9 resolution should not be used as a mechanism to encourage the 10 filing of frivolous or nuisance suits. 11 (c) There exists a need to develop a flexible means of 12 alternative dispute resolution that directs disputes to the 13 most efficient means of resolution. 14 (d) The high cost and significant delay of circuit 15 court litigation faced by unit owners in the state can be 16 alleviated by requiring nonbinding arbitration and mediation 17 in appropriate cases, thereby reducing delay and attorney's 18 fees while preserving the right of either party to have its 19 case heard by a jury, if applicable, in a court of law. 20 (3)(4) MANDATORY NONBINDING ARBITRATION AND MEDIATION 21 OF DISPUTES.--The division of Florida Land Sales, 22 Condominiums, and Mobile Homes of the Department of Business 23 and Professional Regulation shall provide employ full-time 24 attorneys to act as arbitrators to conduct the arbitration 25 hearings as required provided by this chapter. The department 26 may employ attorneys to act as arbitrators, and the division 27 may also certify attorneys who are not employed by the 28 division to act as arbitrators to conduct the arbitration 29 hearings provided by this chapter section. No person may be 30 employed by the department as an a full-time arbitrator unless 31 he or she is a member in good standing of The Florida Bar. The 69 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 department shall promulgate rules of procedure to govern such 2 arbitration hearings including mediation incident thereto. 3 The decision of an arbitrator shall be final; however, such a 4 decision shall not be deemed final agency action. Nothing in 5 this provision shall be construed to foreclose parties from 6 proceeding in a trial de novo unless the parties have agreed 7 that the arbitration is binding. If such judicial proceedings 8 are initiated, the final decision of the arbitrator shall be 9 admissible in evidence in the trial de novo. 10 (a) Prior to the institution of court litigation, a 11 party to a dispute shall petition the division for nonbinding 12 arbitration. The petition must be accompanied by a filing fee 13 in the amount of $50. Filing fees collected under this 14 section must be used to defray the expenses of the alternative 15 dispute resolution program. 16 (b) The petition must recite, and have attached 17 thereto, supporting proof that the petitioner gave the 18 respondents: 19 1. Advance written notice of the specific nature of 20 the dispute; 21 2. A demand for relief, and a reasonable opportunity 22 to comply or to provide the relief; and 23 3. Notice of the intention to file an arbitration 24 petition or other legal action in the absence of a resolution 25 of the dispute. 26 27 Failure to include the allegations or proof of compliance with 28 these prerequisites requires dismissal of the petition without 29 prejudice. 30 (c) Upon receipt, the petition shall be promptly 31 reviewed by the division to determine the existence of a 70 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 dispute and compliance with the requirements of paragraphs (a) 2 and (b). If emergency relief is required and is not available 3 through arbitration, a motion to stay the arbitration may be 4 filed. The motion must be accompanied by a verified petition 5 alleging facts that, if proven, would support entry of a 6 temporary injunction, and if an appropriate motion and 7 supporting papers are filed, the division may abate the 8 arbitration pending a court hearing and disposition of a 9 motion for temporary injunction. 10 (d) Upon determination by the division that a dispute 11 exists and that the petition substantially meets the 12 requirements of paragraphs (a) and (b) and any other 13 applicable rules, a copy of the petition shall forthwith be 14 served by the division upon all respondents. 15 (e) Either before or after the filing of the 16 respondents' answer to the petition, any party may request 17 that the arbitrator refer the case to mediation under this 18 section and any rules adopted by the division. Upon receipt 19 of a request for mediation, the division shall promptly 20 contact the parties to determine if there is agreement that 21 mediation would be appropriate. If all parties agree, the 22 dispute must be referred to mediation. Notwithstanding a lack 23 of an agreement by all parties, the arbitrator may refer a 24 dispute to mediation at any time. 25 (f) The arbitrator or the division may refer the 26 parties to a Citizens Dispute Settlement Center under s. 27 44.201 in the county in which the dispute arose Upon referral 28 of a case to mediation, or the parties may agree on must 29 select a mutually acceptable mediator. To assist in the 30 selection, the arbitrator shall provide the parties with a 31 list of both volunteer and paid mediators that have been 71 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 certified by the division under s. 718.501. If the parties 2 are unable to agree on a mediator within the time allowed by 3 the arbitrator or the division, the arbitrator or the division 4 shall appoint a mediator from the list of certified mediators. 5 If a case is referred to mediation, the parties shall attend a 6 mediation conference, as scheduled by the parties and the 7 mediator. If any party fails to attend a duly noticed 8 mediation conference, without the permission or approval of 9 the arbitrator or mediator, the arbitrator or the division may 10 must impose sanctions against the party, including the 11 striking of any pleadings filed, the entry of an order of 12 dismissal or default if appropriate, and the award of costs 13 and attorneys' fees incurred by the other parties. Unless 14 otherwise agreed to by the parties or as provided by order of 15 the arbitrator, a party is deemed to have appeared at a 16 mediation conference by the physical presence of the party or 17 its representative having full authority to settle without 18 further consultation, provided that an association may comply 19 by having one or more representatives present with full 20 authority to negotiate a settlement and recommend that the 21 board of administration ratify and approve such a settlement 22 within 5 days from the date of the mediation conference. The 23 mediator or Citizens Dispute Settlement Center may charge fees 24 for handling these cases. The parties shall share equally the 25 expense of mediation, unless they agree otherwise. 26 (g) The purpose of mediation as provided for by this 27 section is to present the parties with an opportunity to 28 resolve the underlying dispute in good faith, and with a 29 minimum expenditure of time and resources. 30 (h) Mediation proceedings must generally be conducted 31 in accordance with the Florida Rules of Civil Procedure, and 72 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 these proceedings are privileged and confidential to the same 2 extent as court-ordered mediation. Persons who are not parties 3 to the dispute are not allowed to attend the mediation 4 conference without the consent of all parties, with the 5 exception of counsel for the parties and corporate 6 representatives designated to appear for a party. If the case 7 was referred to mediation by an arbitrator and the mediator 8 declares an impasse after a mediation conference ends in an 9 impasse has been held, the arbitration proceeding terminates, 10 unless all parties agree in writing to continue the 11 arbitration proceeding, in which case the arbitrator's 12 decision shall be either binding or nonbinding, as agreed upon 13 by the parties; in the arbitration proceeding, the arbitrator 14 shall not consider any evidence relating to the unsuccessful 15 mediation except in a proceeding to impose sanctions for 16 failure to appear at the mediation conference. If the parties 17 do not agree to continue arbitration, the arbitrator shall 18 enter an order of dismissal, and either party may institute a 19 suit in a court of competent jurisdiction. If the case was 20 referred to mediation by the division and ends in an impasse, 21 either party may institute a suit in a court of competent 22 jurisdiction. The parties may seek to recover any costs and 23 attorneys' fees incurred in connection with arbitration and 24 mediation proceedings under this section as part of the costs 25 and fees that may be recovered by the prevailing party in any 26 subsequent litigation. 27 (i) Arbitration shall be conducted according to rules 28 promulgated by the division. The filing of a petition for 29 arbitration shall toll the applicable statute of limitations. 30 (j) At the request of any party to the arbitration, 31 such arbitrator shall issue subpoenas for the attendance of 73 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 witnesses and the production of books, records, documents, and 2 other evidence and any party on whose behalf a subpoena is 3 issued may apply to the court for orders compelling such 4 attendance and production. Subpoenas shall be served and shall 5 be enforceable in the manner provided by the Florida Rules of 6 Civil Procedure. Discovery may, in the discretion of the 7 arbitrator, be permitted in the manner provided by the Florida 8 Rules of Civil Procedure. Rules adopted by the division may 9 authorize any reasonable sanctions except contempt for a 10 violation of the arbitration procedural rules of the division 11 or for the failure of a party to comply with a reasonable 12 nonfinal order issued by an arbitrator which is not under 13 judicial review. 14 (k) The arbitration decision shall be presented to the 15 parties in writing. An arbitration decision is final in those 16 disputes in which the parties have agreed to be bound. An 17 arbitration decision is also final if a complaint for a trial 18 de novo is not filed in a court of competent jurisdiction in 19 which the condominium is located within 30 days. The right to 20 file for a trial de novo entitles the parties to file a 21 complaint in the appropriate trial court for a judicial 22 resolution of the dispute. The prevailing party in an 23 arbitration proceeding shall be awarded the costs of the 24 arbitration and reasonable attorney's fees in an amount 25 determined by the arbitrator. Such an award shall include the 26 costs and reasonable attorney's fees incurred in the 27 arbitration proceeding as well as the costs and reasonable 28 attorney's fees incurred in preparing for and attending any 29 scheduled mediation. 30 (l) The party who files a complaint for a trial de 31 novo shall be assessed the other party's arbitration costs, 74 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 court costs, and other reasonable costs, including attorney's 2 fees, investigation expenses, and expenses for expert or other 3 testimony or evidence incurred after the arbitration hearing 4 if the judgment upon the trial de novo is not more favorable 5 than the arbitration decision. If the judgment is more 6 favorable, the party who filed a complaint for trial de novo 7 shall be awarded reasonable court costs and attorney's fees. 8 (m) Any party to an arbitration proceeding may enforce 9 an arbitration award by filing a petition in a court of 10 competent jurisdiction in which the condominium is located. A 11 petition may not be granted unless the time for appeal by the 12 filing of a complaint for trial de novo has expired. If a 13 complaint for a trial de novo has been filed, a petition may 14 not be granted with respect to an arbitration award that has 15 been stayed. If the petition for enforcement is granted, the 16 petitioner shall recover reasonable attorney's fees and costs 17 incurred in enforcing the arbitration award. A mediation 18 settlement may also be enforced through the county or circuit 19 court, as applicable, by the filing of a court case. and Any 20 costs and fees incurred in the enforcement of a settlement 21 agreement reached at mediation must be awarded to the 22 prevailing party in any enforcement action. 23 (n) In the resolution of these cases on the local 24 level, past precedent of prior division arbitration decisions 25 shall be considered and followed where appropriate. 26 (4) EXEMPTIONS.--A dispute is not subject to 27 resolution under this section if it includes any disagreement 28 that primarily involves: 29 (a) Title to any unit or common element; 30 (b) The interpretation or enforcement of any warranty; 31 (c) The levy of a fee or assessment or the collection 75 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 of an assessment levied against a party; 2 (d) The eviction or other removal of a tenant from a 3 unit; 4 (e) Alleged breaches of fiduciary duty by one or more 5 directors; or 6 (f) Claims for damages to a unit based upon the 7 alleged failure of the association to maintain the common 8 elements or condominium property. 9 (5) DISPUTES INVOLVING ELECTION IRREGULARITIES.--Every 10 arbitration petition received by the division and required to 11 be filed under this section challenging the legality of the 12 election of any director of the board of administration shall 13 be handled on an expedited basis in the manner provided by 14 division rules for recall arbitration disputes. 15 Section 72. The Division of Condominiums, Timeshare, 16 and Mobile Homes of the Department of Business and 17 Professional Regulation shall continue the arbitration of any 18 cases which qualified for arbitration on the date the case was 19 filed with the division and which were filed with the division 20 prior to the date on which this act becomes law. 21 Section 73. There is appropriated 1 FTE and $440,626 22 from the Division of Condominiums, Timeshare, and Mobile Homes 23 Trust Fund to the Department of Business and Professional 24 Regulation for the purpose of investigating and resolving 25 disputes and dealing with compliance issues relating to 26 condominiums and cooperatives. This appropriation shall not 27 take effect if a similar amount of funding is included in the 28 various appropriations for compliance and enforcement in the 29 Florida Condominiums, Timeshare, and Mobile Homes program in 30 the fiscal year 2001-2002 General Appropriations Act. 31 Section 74. Section 718.501, Florida Statutes, is 76 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 amended to read: 2 718.501 Powers and duties of Division of Florida Land 3 Sales, Condominiums, Timeshare, and Mobile Homes.-- 4 (1) The Division of Florida Land Sales, Condominiums, 5 Timeshare, and Mobile Homes of the Department of Business and 6 Professional Regulation, referred to as the "division" in this 7 part, in addition to other powers and duties prescribed by 8 chapter 498, has the power to enforce and ensure compliance 9 with the provisions of this chapter and rules adopted 10 promulgated pursuant hereto relating to the development, 11 construction, sale, lease, ownership, operation, and 12 management of residential condominium units. In performing its 13 duties, the division has the following powers and duties: 14 (a) The division may make necessary public or private 15 investigations within or outside this state to determine 16 whether any person has violated this chapter or any rule or 17 order hereunder, to aid in the enforcement of this chapter, or 18 to aid in the adoption of rules or forms hereunder. 19 (b) The division may require or permit any person to 20 file a statement in writing, under oath or otherwise, as the 21 division determines, as to the facts and circumstances 22 concerning a matter to be investigated. 23 (c) For the purpose of any investigation under this 24 chapter, the division director or any officer or employee 25 designated by the division director may administer oaths or 26 affirmations, subpoena witnesses and compel their attendance, 27 take evidence, and require the production of any matter which 28 is relevant to the investigation, including the existence, 29 description, nature, custody, condition, and location of any 30 books, documents, or other tangible things and the identity 31 and location of persons having knowledge of relevant facts or 77 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 any other matter reasonably calculated to lead to the 2 discovery of material evidence. Upon the failure by a person 3 to obey a subpoena or to answer questions propounded by the 4 investigating officer and upon reasonable notice to all 5 persons affected thereby, the division may apply to the 6 circuit court for an order compelling compliance. 7 (d) Notwithstanding any remedies available to unit 8 owners and associations, if the division has reasonable cause 9 to believe that a violation of any provision of this chapter 10 or rule promulgated pursuant hereto has occurred, the division 11 may institute enforcement proceedings in its own name against 12 any developer, association, officer, or member of the board of 13 administration, or its assignees or agents, as follows: 14 1. The division may permit a person whose conduct or 15 actions may be under investigation to waive formal proceedings 16 and enter into a consent proceeding whereby orders, rules, or 17 letters of censure or warning, whether formal or informal, may 18 be entered against the person. 19 2. The division may issue an order requiring the 20 developer, association, officer, or member of the board of 21 administration, or its assignees or agents, to cease and 22 desist from the unlawful practice and take such affirmative 23 action as in the judgment of the division will carry out the 24 purposes of this chapter. Such affirmative action may include, 25 but is not limited to, an order requiring a developer to pay 26 moneys determined to be owed to a condominium association. 27 3. The division may bring an action in circuit court 28 on behalf of a class of unit owners, lessees, or purchasers 29 for declaratory relief, injunctive relief, or restitution. 30 4. The division may impose a civil penalty against a 31 developer or association, or its assignee or agent, for any 78 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 violation of this chapter or a rule promulgated pursuant 2 hereto. The division may impose a civil penalty individually 3 against any officer or board member who willfully and 4 knowingly violates a provision of this chapter, a rule adopted 5 pursuant hereto, or a final order of the division. The term 6 "willfully and knowingly" means that the division informed the 7 officer or board member that his or her action or intended 8 action violates this chapter, a rule adopted under this 9 chapter, or a final order of the division and that the officer 10 or board member refused to comply with the requirements of 11 this chapter, a rule adopted under this chapter, or a final 12 order of the division. The division, prior to initiating 13 formal agency action under chapter 120, shall afford the 14 officer or board member an opportunity to voluntarily comply 15 with this chapter, a rule adopted under this chapter, or a 16 final order of the division. An officer or board member who 17 complies within 10 days is not subject to a civil penalty. A 18 penalty may be imposed on the basis of each day of continuing 19 violation, but in no event shall the penalty for any offense 20 exceed $5,000. By January 1, 1998, the division shall adopt, 21 by rule, penalty guidelines applicable to possible violations 22 or to categories of violations of this chapter or rules 23 adopted by the division. The guidelines must specify a 24 meaningful range of civil penalties for each such violation of 25 the statute and rules and must be based upon the harm caused 26 by the violation, the repetition of the violation, and upon 27 such other factors deemed relevant by the division. For 28 example, the division may consider whether the violations were 29 committed by a developer or owner-controlled association, the 30 size of the association, and other factors. The guidelines 31 must designate the possible mitigating or aggravating 79 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 circumstances that justify a departure from the range of 2 penalties provided by the rules. It is the legislative intent 3 that minor violations be distinguished from those which 4 endanger the health, safety, or welfare of the condominium 5 residents or other persons and that such guidelines provide 6 reasonable and meaningful notice to the public of likely 7 penalties that may be imposed for proscribed conduct. This 8 subsection does not limit the ability of the division to 9 informally dispose of administrative actions or complaints by 10 stipulation, agreed settlement, or consent order. All amounts 11 collected shall be deposited with the Treasurer to the credit 12 of the Division of Florida Land Sales, Condominiums, 13 Timeshare, and Mobile Homes Trust Fund. If a developer fails 14 to pay the civil penalty, the division shall thereupon issue 15 an order directing that such developer cease and desist from 16 further operation until such time as the civil penalty is paid 17 or may pursue enforcement of the penalty in a court of 18 competent jurisdiction. If an association fails to pay the 19 civil penalty, the division shall thereupon pursue enforcement 20 in a court of competent jurisdiction, and the order imposing 21 the civil penalty or the cease and desist order will not 22 become effective until 20 days after the date of such order. 23 Any action commenced by the division shall be brought in the 24 county in which the division has its executive offices or in 25 the county where the violation occurred. 26 (e) The division is authorized to prepare and 27 disseminate a prospectus and other information to assist 28 prospective owners, purchasers, lessees, and developers of 29 residential condominiums in assessing the rights, privileges, 30 and duties pertaining thereto. 31 (f) The division has authority to adopt rules pursuant 80 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 to ss. 120.536(1) and 120.54 to implement and enforce the 2 provisions of this chapter. 3 (g) The division shall establish procedures for 4 providing notice to an association when the division is 5 considering the issuance of a declaratory statement with 6 respect to the declaration of condominium or any related 7 document governing in such condominium community. 8 (h) The division shall furnish each association which 9 pays the fees required by paragraph (2)(a) a copy of this act, 10 subsequent changes to this act on an annual basis, an amended 11 version of this act as it becomes available from the Secretary 12 of State's office on a biennial basis, and the rules 13 promulgated pursuant thereto on an annual basis. 14 (i) The division shall annually provide each 15 association with a summary of declaratory statements and 16 formal legal opinions relating to the operations of 17 condominiums which were rendered by the division during the 18 previous year. 19 (j) The division shall provide training programs for 20 condominium association board members and unit owners. 21 (k) The division shall maintain a toll-free telephone 22 number accessible to condominium unit owners. 23 (l) The division shall develop a program to certify 24 both volunteer and paid mediators to provide mediation of 25 condominium disputes. The division shall provide, upon 26 request, a list of such mediators to any association, unit 27 owner, or other participant in arbitration proceedings under 28 s. 718.1255 requesting a copy of the list. The division shall 29 include on the list of volunteer mediators only the names of 30 persons who have received at least 20 hours of training in 31 mediation techniques or who have mediated at least 20 81 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 disputes. In order to become initially certified by the 2 division, paid mediators must be certified by the Supreme 3 Court to mediate court cases in either county or circuit 4 courts. However, the division may adopt, by rule, additional 5 factors for the certification of paid mediators, which factors 6 must be related to experience, education, or background. Any 7 person initially certified as a paid mediator by the division 8 must, in order to continue to be certified, comply with the 9 factors or requirements imposed by rules adopted by the 10 division. 11 (m) When a complaint is made, the division shall 12 conduct its inquiry with due regard to the interests of the 13 affected parties. Within 30 days after receipt of a complaint, 14 the division shall acknowledge the complaint in writing and 15 notify the complainant whether the complaint is within the 16 jurisdiction of the division and whether additional 17 information is needed by the division from the complainant. 18 The division shall conduct its investigation and shall, within 19 90 days after receipt of the original complaint or of timely 20 requested additional information, take action upon the 21 complaint. However, the failure to complete the investigation 22 within 90 days does not prevent the division from continuing 23 the investigation, accepting or considering evidence obtained 24 or received after 90 days, or taking administrative action if 25 reasonable cause exists to believe that a violation of this 26 chapter or a rule of the division has occurred. If an 27 investigation is not completed within the time limits 28 established in this paragraph, the division shall, on a 29 monthly basis, notify the complainant in writing of the status 30 of the investigation. When reporting its action to the 31 complainant, the division shall inform the complainant of any 82 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 right to a hearing pursuant to ss. 120.569 and 120.57. 2 (2)(a) Effective January 1, 1992, each condominium 3 association which operates more than two units shall pay to 4 the division an annual fee in the amount of $4 for each 5 residential unit in condominiums operated by the association. 6 If the fee is not paid by March 1, then the association shall 7 be assessed a penalty of 10 percent of the amount due, and the 8 association will not have standing to maintain or defend any 9 action in the courts of this state until the amount due, plus 10 any penalty, is paid. 11 (b) All fees shall be deposited in the Division of 12 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes 13 Trust Fund as provided by law. 14 Section 75. Paragraph (a) of subsection (2) of section 15 718.502, Florida Statutes, is amended to read: 16 718.502 Filing prior to sale or lease.-- 17 (2)(a) Prior to filing as required by subsection (1), 18 and prior to acquiring an ownership, leasehold, or contractual 19 interest in the land upon which the condominium is to be 20 developed, a developer shall not offer a contract for purchase 21 of a unit or lease of a unit for more than 5 years. However, 22 the developer may accept deposits for reservations upon the 23 approval of a fully executed escrow agreement and reservation 24 agreement form properly filed with the division of Florida 25 Land Sales, Condominiums, and Mobile Homes. Each filing of a 26 proposed reservation program shall be accompanied by a filing 27 fee of $250. Reservations shall not be taken on a proposed 28 condominium unless the developer has an ownership, leasehold, 29 or contractual interest in the land upon which the condominium 30 is to be developed. The division shall notify the developer 31 within 20 days of receipt of the reservation filing of any 83 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 deficiencies contained therein. Such notification shall not 2 preclude the determination of reservation filing deficiencies 3 at a later date, nor shall it relieve the developer of any 4 responsibility under the law. The escrow agreement and the 5 reservation agreement form shall include a statement of the 6 right of the prospective purchaser to an immediate unqualified 7 refund of the reservation deposit moneys upon written request 8 to the escrow agent by the prospective purchaser or the 9 developer. 10 Section 76. Section 718.504, Florida Statutes, is 11 amended to read: 12 718.504 Prospectus or offering circular.--Every 13 developer of a residential condominium which contains more 14 than 20 residential units, or which is part of a group of 15 residential condominiums which will be served by property to 16 be used in common by unit owners of more than 20 residential 17 units, shall prepare a prospectus or offering circular and 18 file it with the division of Florida Land Sales, Condominiums, 19 and Mobile Homes prior to entering into an enforceable 20 contract of purchase and sale of any unit or lease of a unit 21 for more than 5 years and shall furnish a copy of the 22 prospectus or offering circular to each buyer. In addition to 23 the prospectus or offering circular, each buyer shall be 24 furnished a separate page entitled "Frequently Asked Questions 25 and Answers," which shall be in accordance with a format 26 approved by the division and a copy of the financial 27 information required by s. 718.111. This page shall, in 28 readable language, inform prospective purchasers regarding 29 their voting rights and unit use restrictions, including 30 restrictions on the leasing of a unit; shall indicate whether 31 and in what amount the unit owners or the association is 84 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 obligated to pay rent or land use fees for recreational or 2 other commonly used facilities; shall contain a statement 3 identifying that amount of assessment which, pursuant to the 4 budget, would be levied upon each unit type, exclusive of any 5 special assessments, and which shall further identify the 6 basis upon which assessments are levied, whether monthly, 7 quarterly, or otherwise; shall state and identify any court 8 cases in which the association is currently a party of record 9 in which the association may face liability in excess of 10 $100,000; and which shall further state whether membership in 11 a recreational facilities association is mandatory, and if so, 12 shall identify the fees currently charged per unit type. The 13 division shall by rule require such other disclosure as in its 14 judgment will assist prospective purchasers. The prospectus or 15 offering circular may include more than one condominium, 16 although not all such units are being offered for sale as of 17 the date of the prospectus or offering circular. The 18 prospectus or offering circular must contain the following 19 information: 20 (1) The front cover or the first page must contain 21 only: 22 (a) The name of the condominium. 23 (b) The following statements in conspicuous type: 24 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS 25 IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM 26 UNIT. 27 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN 28 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL 29 REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND 30 SALES MATERIALS. 31 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS 85 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER 2 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR 3 CORRECT REPRESENTATIONS. 4 (2) Summary: The next page must contain all 5 statements required to be in conspicuous type in the 6 prospectus or offering circular. 7 (3) A separate index of the contents and exhibits of 8 the prospectus. 9 (4) Beginning on the first page of the text (not 10 including the summary and index), a description of the 11 condominium, including, but not limited to, the following 12 information: 13 (a) Its name and location. 14 (b) A description of the condominium property, 15 including, without limitation: 16 1. The number of buildings, the number of units in 17 each building, the number of bathrooms and bedrooms in each 18 unit, and the total number of units, if the condominium is not 19 a phase condominium, or the maximum number of buildings that 20 may be contained within the condominium, the minimum and 21 maximum numbers of units in each building, the minimum and 22 maximum numbers of bathrooms and bedrooms that may be 23 contained in each unit, and the maximum number of units that 24 may be contained within the condominium, if the condominium is 25 a phase condominium. 26 2. The page in the condominium documents where a copy 27 of the plot plan and survey of the condominium is located. 28 3. The estimated latest date of completion of 29 constructing, finishing, and equipping. In lieu of a date, 30 the description shall include a statement that the estimated 31 date of completion of the condominium is in the purchase 86 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 agreement and a reference to the article or paragraph 2 containing that information. 3 (c) The maximum number of units that will use 4 facilities in common with the condominium. If the maximum 5 number of units will vary, a description of the basis for 6 variation and the minimum amount of dollars per unit to be 7 spent for additional recreational facilities or enlargement of 8 such facilities. If the addition or enlargement of facilities 9 will result in a material increase of a unit owner's 10 maintenance expense or rental expense, if any, the maximum 11 increase and limitations thereon shall be stated. 12 (5)(a) A statement in conspicuous type describing 13 whether the condominium is created and being sold as fee 14 simple interests or as leasehold interests. If the condominium 15 is created or being sold on a leasehold, the location of the 16 lease in the disclosure materials shall be stated. 17 (b) If timeshare estates are or may be created with 18 respect to any unit in the condominium, a statement in 19 conspicuous type stating that timeshare estates are created 20 and being sold in units in the condominium. 21 (6) A description of the recreational and other 22 commonly used facilities that will be used only by unit owners 23 of the condominium, including, but not limited to, the 24 following: 25 (a) Each room and its intended purposes, location, 26 approximate floor area, and capacity in numbers of people. 27 (b) Each swimming pool, as to its general location, 28 approximate size and depths, approximate deck size and 29 capacity, and whether heated. 30 (c) Additional facilities, as to the number of each 31 facility, its approximate location, approximate size, and 87 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 approximate capacity. 2 (d) A general description of the items of personal 3 property and the approximate number of each item of personal 4 property that the developer is committing to furnish for each 5 room or other facility or, in the alternative, a 6 representation as to the minimum amount of expenditure that 7 will be made to purchase the personal property for the 8 facility. 9 (e) The estimated date when each room or other 10 facility will be available for use by the unit owners. 11 (f)1. An identification of each room or other facility 12 to be used by unit owners that will not be owned by the unit 13 owners or the association; 14 2. A reference to the location in the disclosure 15 materials of the lease or other agreements providing for the 16 use of those facilities; and 17 3. A description of the terms of the lease or other 18 agreements, including the length of the term; the rent 19 payable, directly or indirectly, by each unit owner, and the 20 total rent payable to the lessor, stated in monthly and annual 21 amounts for the entire term of the lease; and a description of 22 any option to purchase the property leased under any such 23 lease, including the time the option may be exercised, the 24 purchase price or how it is to be determined, the manner of 25 payment, and whether the option may be exercised for a unit 26 owner's share or only as to the entire leased property. 27 (g) A statement as to whether the developer may 28 provide additional facilities not described above; their 29 general locations and types; improvements or changes that may 30 be made; the approximate dollar amount to be expended; and the 31 maximum additional common expense or cost to the individual 88 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 unit owners that may be charged during the first annual period 2 of operation of the modified or added facilities. 3 4 Descriptions as to locations, areas, capacities, numbers, 5 volumes, or sizes may be stated as approximations or minimums. 6 (7) A description of the recreational and other 7 facilities that will be used in common with other 8 condominiums, community associations, or planned developments 9 which require the payment of the maintenance and expenses of 10 such facilities, either directly or indirectly, by the unit 11 owners. The description shall include, but not be limited to, 12 the following: 13 (a) Each building and facility committed to be built. 14 (b) Facilities not committed to be built except under 15 certain conditions, and a statement of those conditions or 16 contingencies. 17 (c) As to each facility committed to be built, or 18 which will be committed to be built upon the happening of one 19 of the conditions in paragraph (b), a statement of whether it 20 will be owned by the unit owners having the use thereof or by 21 an association or other entity which will be controlled by 22 them, or others, and the location in the exhibits of the lease 23 or other document providing for use of those facilities. 24 (d) The year in which each facility will be available 25 for use by the unit owners or, in the alternative, the maximum 26 number of unit owners in the project at the time each of all 27 of the facilities is committed to be completed. 28 (e) A general description of the items of personal 29 property, and the approximate number of each item of personal 30 property, that the developer is committing to furnish for each 31 room or other facility or, in the alternative, a 89 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 representation as to the minimum amount of expenditure that 2 will be made to purchase the personal property for the 3 facility. 4 (f) If there are leases, a description thereof, 5 including the length of the term, the rent payable, and a 6 description of any option to purchase. 7 8 Descriptions shall include location, areas, capacities, 9 numbers, volumes, or sizes and may be stated as approximations 10 or minimums. 11 (8) Recreation lease or associated club membership: 12 (a) If any recreational facilities or other facilities 13 offered by the developer and available to, or to be used by, 14 unit owners are to be leased or have club membership 15 associated, the following statement in conspicuous type shall 16 be included: THERE IS A RECREATIONAL FACILITIES LEASE 17 ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB 18 MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM. There shall be a 19 reference to the location in the disclosure materials where 20 the recreation lease or club membership is described in 21 detail. 22 (b) If it is mandatory that unit owners pay a fee, 23 rent, dues, or other charges under a recreational facilities 24 lease or club membership for the use of facilities, there 25 shall be in conspicuous type the applicable statement: 26 1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS 27 MANDATORY FOR UNIT OWNERS; or 28 2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF 29 OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES 30 LEASE; or 31 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE 90 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, 2 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES 3 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or 4 4. A similar statement of the nature of the 5 organization or the manner in which the use rights are 6 created, and that unit owners are required to pay. 7 8 Immediately following the applicable statement, the location 9 in the disclosure materials where the development is described 10 in detail shall be stated. 11 (c) If the developer, or any other person other than 12 the unit owners and other persons having use rights in the 13 facilities, reserves, or is entitled to receive, any rent, 14 fee, or other payment for the use of the facilities, then 15 there shall be the following statement in conspicuous type: 16 THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND 17 USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES. 18 Immediately following this statement, the location in the 19 disclosure materials where the rent or land use fees are 20 described in detail shall be stated. 21 (d) If, in any recreation format, whether leasehold, 22 club, or other, any person other than the association has the 23 right to a lien on the units to secure the payment of 24 assessments, rent, or other exactions, there shall appear a 25 statement in conspicuous type in substantially the following 26 form: 27 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 28 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE 29 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE 30 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or 31 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 91 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING 2 DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE 3 RECREATIONAL OR COMMONLY USED FACILITIES. THE UNIT OWNER'S 4 FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF 5 THE LIEN. 6 7 Immediately following the applicable statement, the location 8 in the disclosure materials where the lien or lien right is 9 described in detail shall be stated. 10 (9) If the developer or any other person has the right 11 to increase or add to the recreational facilities at any time 12 after the establishment of the condominium whose unit owners 13 have use rights therein, without the consent of the unit 14 owners or associations being required, there shall appear a 15 statement in conspicuous type in substantially the following 16 form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED 17 WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). 18 Immediately following this statement, the location in the 19 disclosure materials where such reserved rights are described 20 shall be stated. 21 (10) A statement of whether the developer's plan 22 includes a program of leasing units rather than selling them, 23 or leasing units and selling them subject to such leases. If 24 so, there shall be a description of the plan, including the 25 number and identification of the units and the provisions and 26 term of the proposed leases, and a statement in boldfaced type 27 that: THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. 28 (11) The arrangements for management of the 29 association and maintenance and operation of the condominium 30 property and of other property that will serve the unit owners 31 of the condominium property, and a description of the 92 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 management contract and all other contracts for these purposes 2 having a term in excess of 1 year, including the following: 3 (a) The names of contracting parties. 4 (b) The term of the contract. 5 (c) The nature of the services included. 6 (d) The compensation, stated on a monthly and annual 7 basis, and provisions for increases in the compensation. 8 (e) A reference to the volumes and pages of the 9 condominium documents and of the exhibits containing copies of 10 such contracts. 11 12 Copies of all described contracts shall be attached as 13 exhibits. If there is a contract for the management of the 14 condominium property, then a statement in conspicuous type in 15 substantially the following form shall appear, identifying the 16 proposed or existing contract manager: THERE IS (IS TO BE) A 17 CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH 18 (NAME OF THE CONTRACT MANAGER). Immediately following this 19 statement, the location in the disclosure materials of the 20 contract for management of the condominium property shall be 21 stated. 22 (12) If the developer or any other person or persons 23 other than the unit owners has the right to retain control of 24 the board of administration of the association for a period of 25 time which can exceed 1 year after the closing of the sale of 26 a majority of the units in that condominium to persons other 27 than successors or alternate developers, then a statement in 28 conspicuous type in substantially the following form shall be 29 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO 30 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE 31 UNITS HAVE BEEN SOLD. Immediately following this statement, 93 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 the location in the disclosure materials where this right to 2 control is described in detail shall be stated. 3 (13) If there are any restrictions upon the sale, 4 transfer, conveyance, or leasing of a unit, then a statement 5 in conspicuous type in substantially the following form shall 6 be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS 7 RESTRICTED OR CONTROLLED. Immediately following this 8 statement, the location in the disclosure materials where the 9 restriction, limitation, or control on the sale, lease, or 10 transfer of units is described in detail shall be stated. 11 (14) If the condominium is part of a phase project, 12 the following information shall be stated: 13 (a) A statement in conspicuous type in substantially 14 the following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL 15 LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately 16 following this statement, the location in the disclosure 17 materials where the phasing is described shall be stated. 18 (b) A summary of the provisions of the declaration 19 which provide for the phasing. 20 (c) A statement as to whether or not residential 21 buildings and units which are added to the condominium may be 22 substantially different from the residential buildings and 23 units originally in the condominium. If the added residential 24 buildings and units may be substantially different, there 25 shall be a general description of the extent to which such 26 added residential buildings and units may differ, and a 27 statement in conspicuous type in substantially the following 28 form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO 29 THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER 30 BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following 31 this statement, the location in the disclosure materials where 94 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 the extent to which added residential buildings and units may 2 substantially differ is described shall be stated. 3 (d) A statement of the maximum number of buildings 4 containing units, the maximum and minimum numbers of units in 5 each building, the maximum number of units, and the minimum 6 and maximum square footage of the units that may be contained 7 within each parcel of land which may be added to the 8 condominium. 9 (15) If the condominium is or may become part of a 10 multicondominium, the following information must be provided: 11 (a) A statement in conspicuous type in substantially 12 the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A 13 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL 14 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately 15 following this statement, the location in the prospectus or 16 offering circular and its exhibits where the multicondominium 17 aspects of the offering are described must be stated. 18 (b) A summary of the provisions in the declaration, 19 articles of incorporation, and bylaws which establish and 20 provide for the operation of the multicondominium, including a 21 statement as to whether unit owners in the condominium will 22 have the right to use recreational or other facilities located 23 or planned to be located in other condominiums operated by the 24 same association, and the manner of sharing the common 25 expenses related to such facilities. 26 (c) A statement of the minimum and maximum number of 27 condominiums, and the minimum and maximum number of units in 28 each of those condominiums, which will or may be operated by 29 the association, and the latest date by which the exact number 30 will be finally determined. 31 (d) A statement as to whether any of the condominiums 95 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 in the multicondominium may include units intended to be used 2 for nonresidential purposes and the purpose or purposes 3 permitted for such use. 4 (e) A general description of the location and 5 approximate acreage of any land on which any additional 6 condominiums to be operated by the association may be located. 7 (16) If the condominium is created by conversion of 8 existing improvements, the following information shall be 9 stated: 10 (a) The information required by s. 718.616. 11 (b) A caveat that there are no express warranties 12 unless they are stated in writing by the developer. 13 (17) A summary of the restrictions, if any, to be 14 imposed on units concerning the use of any of the condominium 15 property, including statements as to whether there are 16 restrictions upon children and pets, and reference to the 17 volumes and pages of the condominium documents where such 18 restrictions are found, or if such restrictions are contained 19 elsewhere, then a copy of the documents containing the 20 restrictions shall be attached as an exhibit. 21 (18) If there is any land that is offered by the 22 developer for use by the unit owners and that is neither owned 23 by them nor leased to them, the association, or any entity 24 controlled by unit owners and other persons having the use 25 rights to such land, a statement shall be made as to how such 26 land will serve the condominium. If any part of such land 27 will serve the condominium, the statement shall describe the 28 land and the nature and term of service, and the declaration 29 or other instrument creating such servitude shall be included 30 as an exhibit. 31 (19) The manner in which utility and other services, 96 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 including, but not limited to, sewage and waste disposal, 2 water supply, and storm drainage, will be provided and the 3 person or entity furnishing them. 4 (20) An explanation of the manner in which the 5 apportionment of common expenses and ownership of the common 6 elements has been determined. 7 (21) An estimated operating budget for the condominium 8 and the association, and a schedule of the unit owner's 9 expenses shall be attached as an exhibit and shall contain the 10 following information: 11 (a) The estimated monthly and annual expenses of the 12 condominium and the association that are collected from unit 13 owners by assessments. 14 (b) The estimated monthly and annual expenses of each 15 unit owner for a unit, other than common expenses paid by all 16 unit owners, payable by the unit owner to persons or entities 17 other than the association, as well as to the association, 18 including fees assessed pursuant to s. 718.113(1) for 19 maintenance of limited common elements where such costs are 20 shared only by those entitled to use the limited common 21 element, and the total estimated monthly and annual expense. 22 There may be excluded from this estimate expenses which are 23 not provided for or contemplated by the condominium documents, 24 including, but not limited to, the costs of private telephone; 25 maintenance of the interior of condominium units, which is not 26 the obligation of the association; maid or janitorial services 27 privately contracted for by the unit owners; utility bills 28 billed directly to each unit owner for utility services to his 29 or her unit; insurance premiums other than those incurred for 30 policies obtained by the condominium; and similar personal 31 expenses of the unit owner. A unit owner's estimated payments 97 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 for assessments shall also be stated in the estimated amounts 2 for the times when they will be due. 3 (c) The estimated items of expenses of the condominium 4 and the association, except as excluded under paragraph (b), 5 including, but not limited to, the following items, which 6 shall be stated either as an association expense collectible 7 by assessments or as unit owners' expenses payable to persons 8 other than the association: 9 1. Expenses for the association and condominium: 10 a. Administration of the association. 11 b. Management fees. 12 c. Maintenance. 13 d. Rent for recreational and other commonly used 14 facilities. 15 e. Taxes upon association property. 16 f. Taxes upon leased areas. 17 g. Insurance. 18 h. Security provisions. 19 i. Other expenses. 20 j. Operating capital. 21 k. Reserves. 22 l. Fees payable to the division. 23 2. Expenses for a unit owner: 24 a. Rent for the unit, if subject to a lease. 25 b. Rent payable by the unit owner directly to the 26 lessor or agent under any recreational lease or lease for the 27 use of commonly used facilities, which use and payment is a 28 mandatory condition of ownership and is not included in the 29 common expense or assessments for common maintenance paid by 30 the unit owners to the association. 31 (d) The estimated amounts shall be stated for a period 98 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 of at least 12 months and may distinguish between the period 2 prior to the time unit owners other than the developer elect a 3 majority of the board of administration and the period after 4 that date. 5 (22) A schedule of estimated closing expenses to be 6 paid by a buyer or lessee of a unit and a statement of whether 7 title opinion or title insurance policy is available to the 8 buyer and, if so, at whose expense. 9 (23) The identity of the developer and the chief 10 operating officer or principal directing the creation and sale 11 of the condominium and a statement of its and his or her 12 experience in this field. 13 (24) Copies of the following, to the extent they are 14 applicable, shall be included as exhibits: 15 (a) The declaration of condominium, or the proposed 16 declaration if the declaration has not been recorded. 17 (b) The articles of incorporation creating the 18 association. 19 (c) The bylaws of the association. 20 (d) The ground lease or other underlying lease of the 21 condominium. 22 (e) The management agreement and all maintenance and 23 other contracts for management of the association and 24 operation of the condominium and facilities used by the unit 25 owners having a service term in excess of 1 year. 26 (f) The estimated operating budget for the condominium 27 and the required schedule of unit owners' expenses. 28 (g) A copy of the floor plan of the unit and the plot 29 plan showing the location of the residential buildings and the 30 recreation and other common areas. 31 (h) The lease of recreational and other facilities 99 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 that will be used only by unit owners of the subject 2 condominium. 3 (i) The lease of facilities used by owners and others. 4 (j) The form of unit lease, if the offer is of a 5 leasehold. 6 (k) A declaration of servitude of properties serving 7 the condominium but not owned by unit owners or leased to them 8 or the association. 9 (l) The statement of condition of the existing 10 building or buildings, if the offering is of units in an 11 operation being converted to condominium ownership. 12 (m) The statement of inspection for termite damage and 13 treatment of the existing improvements, if the condominium is 14 a conversion. 15 (n) The form of agreement for sale or lease of units. 16 (o) A copy of the agreement for escrow of payments 17 made to the developer prior to closing. 18 (p) A copy of the documents containing any 19 restrictions on use of the property required by subsection 20 (16). 21 (25) Any prospectus or offering circular complying, 22 prior to the effective date of this act, with the provisions 23 of former ss. 711.69 and 711.802 may continue to be used 24 without amendment or may be amended to comply with the 25 provisions of this chapter. 26 (26) A brief narrative description of the location and 27 effect of all existing and intended easements located or to be 28 located on the condominium property other than those described 29 in the declaration. 30 (27) If the developer is required by state or local 31 authorities to obtain acceptance or approval of any dock or 100 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 marina facilities intended to serve the condominium, a copy of 2 any such acceptance or approval acquired by the time of filing 3 with the division under s. 718.502(1) or a statement that such 4 acceptance or approval has not been acquired or received. 5 (28) Evidence demonstrating that the developer has an 6 ownership, leasehold, or contractual interest in the land upon 7 which the condominium is to be developed. 8 Section 77. Section 718.508, Florida Statutes, is 9 amended to read: 10 718.508 Regulation by Division of Hotels and 11 Restaurants.--In addition to the authority, regulation, or 12 control exercised by the Division of Florida Land Sales, 13 Condominiums, Timeshare, and Mobile Homes pursuant to this act 14 with respect to condominiums, buildings included in a 15 condominium property shall be subject to the authority, 16 regulation, or control of the Division of Hotels and 17 Restaurants of the Department of Business and Professional 18 Regulation, to the extent provided for in chapter 399. 19 Section 78. Section 718.509, Florida Statutes, is 20 amended to read: 21 718.509 Division of Florida Land Sales, Condominiums, 22 Timeshare, and Mobile Homes Trust Fund.-- 23 (1) There is created within the State Treasury the 24 Division of Condominiums, Timeshare, and Mobile Homes Trust 25 Fund, to be used for the administration and operation of this 26 chapter and chapters 719, 721, and 723 by the division. 27 (2) All funds collected by the division and any amount 28 paid for a fee or penalty under this chapter shall be 29 deposited in the State Treasury to the credit of the Division 30 of Florida Land Sales, Condominiums, Timeshare, and Mobile 31 Homes Trust Fund created by s. 718.509 498.019. The division 101 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 shall maintain separate revenue accounts in the trust fund for 2 each business regulated by the division, and shall provide for 3 the proportionate allocation among the accounts of expenses 4 incurred in the performance of its duties for each of these 5 businesses. As part of its normal budgetary process, the 6 division shall prepare an annual report of revenue and 7 allocated expenses related to the operation of each of these 8 businesses, which may be used to determine fees charged by the 9 division. The provisions of s. 215.20 apply to the trust fund. 10 Section 79. Paragraph (a) of subsection (2) of section 11 718.608, Florida Statutes, is amended to read: 12 718.608 Notice of intended conversion; time of 13 delivery; content.-- 14 (2)(a) Each notice of intended conversion shall be 15 dated and in writing. The notice shall contain the following 16 statement, with the phrases of the following statement which 17 appear in upper case printed in conspicuous type: 18 19 These apartments are being converted to condominium by 20 ...(name of developer)..., the developer. 21 1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION 22 OF YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL 23 AGREEMENT AS FOLLOWS: 24 a. If you have continuously been a resident of these 25 apartments during the last 180 days and your rental agreement 26 expires during the next 270 days, you may extend your rental 27 agreement for up to 270 days after the date of this notice. 28 b. If you have not been a continuous resident of these 29 apartments for the last 180 days and your rental agreement 30 expires during the next 180 days, you may extend your rental 31 agreement for up to 180 days after the date of this notice. 102 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, 2 YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS 3 AFTER THE DATE OF THIS NOTICE. 4 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 5 DAYS, you may extend your rental agreement for up to 45 days 6 after the date of this notice while you decide whether to 7 extend your rental agreement as explained above. To do so, 8 you must notify the developer in writing. You will then have 9 the full 45 days to decide whether to extend your rental 10 agreement as explained above. 11 3. During the extension of your rental agreement you 12 will be charged the same rent that you are now paying. 13 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY 14 EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS: 15 a. If your rental agreement began or was extended or 16 renewed after May 1, 1980, and your rental agreement, 17 including extensions and renewals, has an unexpired term of 18 180 days or less, you may cancel your rental agreement upon 30 19 days' written notice and move. Also, upon 30 days' written 20 notice, you may cancel any extension of the rental agreement. 21 b. If your rental agreement was not begun or was not 22 extended or renewed after May 1, 1980, you may not cancel the 23 rental agreement without the consent of the developer. If 24 your rental agreement, including extensions and renewals, has 25 an unexpired term of 180 days or less, you may, however, upon 26 30 days' written notice cancel any extension of the rental 27 agreement. 28 5. All notices must be given in writing and sent by 29 mail, return receipt requested, or delivered in person to the 30 developer at this address: ...(name and address of 31 developer).... 103 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 6. If you have continuously been a resident of these 2 apartments during the last 180 days: 3 a. You have the right to purchase your apartment and 4 will have 45 days to decide whether to purchase. If you do 5 not buy the unit at that price and the unit is later offered 6 at a lower price, you will have the opportunity to buy the 7 unit at the lower price. However, in all events your right to 8 purchase the unit ends when the rental agreement or any 9 extension of the rental agreement ends or when you waive this 10 right in writing. 11 b. Within 90 days you will be provided purchase 12 information relating to your apartment, including the price of 13 your unit and the condition of the building. If you do not 14 receive this information within 90 days, your rental agreement 15 and any extension will be extended 1 day for each day over 90 16 days until you are given the purchase information. If you do 17 not want this rental agreement extension, you must notify the 18 developer in writing. 19 7. If you have any questions regarding this conversion 20 or the Condominium Act, you may contact the developer or the 21 state agency which regulates condominiums: The Division of 22 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes, 23 ...(Tallahassee address and telephone number of division).... 24 Section 80. Subsection (17) of section 719.103, 25 Florida Statutes, is amended to read: 26 719.103 Definitions.--As used in this chapter: 27 (17) "Division" means the Division of Florida Land 28 Sales, Condominiums, Timeshare, and Mobile Homes of the 29 Department of Business and Professional Regulation. 30 Section 81. Section 719.1255, Florida Statutes, is 31 amended to read: 104 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 719.1255 Alternative resolution of disputes.--The 2 division of Florida Land Sales, Condominiums, and Mobile Homes 3 of the Department of Business and Professional Regulation 4 shall provide for alternative dispute resolution in accordance 5 with s. 718.1255. 6 Section 82. Section 719.501, Florida Statutes, is 7 amended to read: 8 719.501 Powers and duties of Division of Florida Land 9 Sales, Condominiums, Timeshare, and Mobile Homes.-- 10 (1) The Division of Florida Land Sales, Condominiums, 11 Timeshare, and Mobile Homes of the Department of Business and 12 Professional Regulation, referred to as the "division" in this 13 part, in addition to other powers and duties prescribed by 14 chapter 498, has the power to enforce and ensure compliance 15 with the provisions of this chapter and rules adopted 16 promulgated pursuant hereto relating to the development, 17 construction, sale, lease, ownership, operation, and 18 management of residential cooperative units. In performing its 19 duties, the division shall have the following powers and 20 duties: 21 (a) The division may make necessary public or private 22 investigations within or outside this state to determine 23 whether any person has violated this chapter or any rule or 24 order hereunder, to aid in the enforcement of this chapter, or 25 to aid in the adoption of rules or forms hereunder. 26 (b) The division may require or permit any person to 27 file a statement in writing, under oath or otherwise, as the 28 division determines, as to the facts and circumstances 29 concerning a matter to be investigated. 30 (c) For the purpose of any investigation under this 31 chapter, the division director or any officer or employee 105 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 designated by the division director may administer oaths or 2 affirmations, subpoena witnesses and compel their attendance, 3 take evidence, and require the production of any matter which 4 is relevant to the investigation, including the existence, 5 description, nature, custody, condition, and location of any 6 books, documents, or other tangible things and the identity 7 and location of persons having knowledge of relevant facts or 8 any other matter reasonably calculated to lead to the 9 discovery of material evidence. Upon failure by a person to 10 obey a subpoena or to answer questions propounded by the 11 investigating officer and upon reasonable notice to all 12 persons affected thereby, the division may apply to the 13 circuit court for an order compelling compliance. 14 (d) Notwithstanding any remedies available to unit 15 owners and associations, if the division has reasonable cause 16 to believe that a violation of any provision of this chapter 17 or rule promulgated pursuant hereto has occurred, the division 18 may institute enforcement proceedings in its own name against 19 a developer, association, officer, or member of the board, or 20 its assignees or agents, as follows: 21 1. The division may permit a person whose conduct or 22 actions may be under investigation to waive formal proceedings 23 and enter into a consent proceeding whereby orders, rules, or 24 letters of censure or warning, whether formal or informal, may 25 be entered against the person. 26 2. The division may issue an order requiring the 27 developer, association, officer, or member of the board, or 28 its assignees or agents, to cease and desist from the unlawful 29 practice and take such affirmative action as in the judgment 30 of the division will carry out the purposes of this chapter. 31 Such affirmative action may include, but is not limited to, an 106 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 order requiring a developer to pay moneys determined to be 2 owed to a condominium association. 3 3. The division may bring an action in circuit court 4 on behalf of a class of unit owners, lessees, or purchasers 5 for declaratory relief, injunctive relief, or restitution. 6 4. The division may impose a civil penalty against a 7 developer or association, or its assignees or agents, for any 8 violation of this chapter or a rule promulgated pursuant 9 hereto. The division may impose a civil penalty individually 10 against any officer or board member who willfully and 11 knowingly violates a provision of this chapter, a rule adopted 12 pursuant to this chapter, or a final order of the division. 13 The term "willfully and knowingly" means that the division 14 informed the officer or board member that his or her action or 15 intended action violates this chapter, a rule adopted under 16 this chapter, or a final order of the division, and that the 17 officer or board member refused to comply with the 18 requirements of this chapter, a rule adopted under this 19 chapter, or a final order of the division. The division, prior 20 to initiating formal agency action under chapter 120, shall 21 afford the officer or board member an opportunity to 22 voluntarily comply with this chapter, a rule adopted under 23 this chapter, or a final order of the division. An officer or 24 board member who complies within 10 days is not subject to a 25 civil penalty. A penalty may be imposed on the basis of each 26 day of continuing violation, but in no event shall the penalty 27 for any offense exceed $5,000. By January 1, 1998, the 28 division shall adopt, by rule, penalty guidelines applicable 29 to possible violations or to categories of violations of this 30 chapter or rules adopted by the division. The guidelines must 31 specify a meaningful range of civil penalties for each such 107 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 violation of the statute and rules and must be based upon the 2 harm caused by the violation, the repetition of the violation, 3 and upon such other factors deemed relevant by the division. 4 For example, the division may consider whether the violations 5 were committed by a developer or owner-controlled association, 6 the size of the association, and other factors. The guidelines 7 must designate the possible mitigating or aggravating 8 circumstances that justify a departure from the range of 9 penalties provided by the rules. It is the legislative intent 10 that minor violations be distinguished from those which 11 endanger the health, safety, or welfare of the cooperative 12 residents or other persons and that such guidelines provide 13 reasonable and meaningful notice to the public of likely 14 penalties that may be imposed for proscribed conduct. This 15 subsection does not limit the ability of the division to 16 informally dispose of administrative actions or complaints by 17 stipulation, agreed settlement, or consent order. All amounts 18 collected shall be deposited with the Treasurer to the credit 19 of the Division of Florida Land Sales, Condominiums, 20 Timeshare, and Mobile Homes Trust Fund. If a developer fails 21 to pay the civil penalty, the division shall thereupon issue 22 an order directing that such developer cease and desist from 23 further operation until such time as the civil penalty is paid 24 or may pursue enforcement of the penalty in a court of 25 competent jurisdiction. If an association fails to pay the 26 civil penalty, the division shall thereupon pursue enforcement 27 in a court of competent jurisdiction, and the order imposing 28 the civil penalty or the cease and desist order shall not 29 become effective until 20 days after the date of such order. 30 Any action commenced by the division shall be brought in the 31 county in which the division has its executive offices or in 108 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 the county where the violation occurred. 2 (e) The division is authorized to prepare and 3 disseminate a prospectus and other information to assist 4 prospective owners, purchasers, lessees, and developers of 5 residential cooperatives in assessing the rights, privileges, 6 and duties pertaining thereto. 7 (f) The division has authority to adopt rules pursuant 8 to ss. 120.536(1) and 120.54 to implement and enforce the 9 provisions of this chapter. 10 (g) The division shall establish procedures for 11 providing notice to an association when the division is 12 considering the issuance of a declaratory statement with 13 respect to the cooperative documents governing such 14 cooperative community. 15 (h) The division shall furnish each association which 16 pays the fees required by paragraph (2)(a) a copy of this act, 17 subsequent changes to this act on an annual basis, an amended 18 version of this act as it becomes available from the Secretary 19 of State's office on a biennial basis, and the rules 20 promulgated pursuant thereto on an annual basis. 21 (i) The division shall annually provide each 22 association with a summary of declaratory statements and 23 formal legal opinions relating to the operations of 24 cooperatives which were rendered by the division during the 25 previous year. 26 (j) The division shall adopt uniform accounting 27 principles, policies, and standards to be used by all 28 associations in the preparation and presentation of all 29 financial statements required by this chapter. The principles, 30 policies, and standards shall take into consideration the size 31 of the association and the total revenue collected by the 109 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 association. 2 (k) The division shall provide training programs for 3 cooperative association board members and unit owners. 4 (l) The division shall maintain a toll-free telephone 5 number accessible to cooperative unit owners. 6 (m) When a complaint is made to the division, the 7 division shall conduct its inquiry with reasonable dispatch 8 and with due regard to the interests of the affected parties. 9 Within 30 days after receipt of a complaint, the division 10 shall acknowledge the complaint in writing and notify the 11 complainant whether the complaint is within the jurisdiction 12 of the division and whether additional information is needed 13 by the division from the complainant. The division shall 14 conduct its investigation and shall, within 90 days after 15 receipt of the original complaint or timely requested 16 additional information, take action upon the complaint. 17 However, the failure to complete the investigation within 90 18 days does not prevent the division from continuing the 19 investigation, accepting or considering evidence obtained or 20 received after 90 days, or taking administrative action if 21 reasonable cause exists to believe that a violation of this 22 chapter or a rule of the division has occurred. If an 23 investigation is not completed within the time limits 24 established in this paragraph, the division shall, on a 25 monthly basis, notify the complainant in writing of the status 26 of the investigation. When reporting its action to the 27 complainant, the division shall inform the complainant of any 28 right to a hearing pursuant to ss. 120.569 and 120.57. 29 (n) The division shall develop a program to certify 30 both volunteer and paid mediators to provide mediation of 31 cooperative disputes. The division shall provide, upon 110 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 request, a list of such mediators to any association, unit 2 owner, or other participant in arbitration proceedings under 3 s. 718.1255 requesting a copy of the list. The division shall 4 include on the list of voluntary mediators only persons who 5 have received at least 20 hours of training in mediation 6 techniques or have mediated at least 20 disputes. In order to 7 become initially certified by the division, paid mediators 8 must be certified by the Supreme Court to mediate court cases 9 in either county or circuit courts. However, the division may 10 adopt, by rule, additional factors for the certification of 11 paid mediators, which factors must be related to experience, 12 education, or background. Any person initially certified as a 13 paid mediator by the division must, in order to continue to be 14 certified, comply with the factors or requirements imposed by 15 rules adopted by the division. 16 (2)(a) Each cooperative association shall pay to the 17 division, on or before January 1 of each year, an annual fee 18 in the amount of $4 for each residential unit in cooperatives 19 operated by the association. If the fee is not paid by March 20 1, then the association shall be assessed a penalty of 10 21 percent of the amount due, and the association shall not have 22 the standing to maintain or defend any action in the courts of 23 this state until the amount due is paid. 24 (b) All fees shall be deposited in the Division of 25 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes 26 Trust Fund as provided by law. 27 Section 83. Paragraph (a) of subsection (2) of section 28 719.502, Florida Statutes, is amended to read: 29 719.502 Filing prior to sale or lease.-- 30 (2)(a) Prior to filing as required by subsection (1), 31 and prior to acquiring an ownership, leasehold, or contractual 111 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 interest in the land upon which the cooperative is to be 2 developed, a developer shall not offer a contract for purchase 3 or lease of a unit for more than 5 years. However, the 4 developer may accept deposits for reservations upon the 5 approval of a fully executed escrow agreement and reservation 6 agreement form properly filed with the division of Florida 7 Land Sales, Condominiums, and Mobile Homes. Each filing of a 8 proposed reservation program shall be accompanied by a filing 9 fee of $250. Reservations shall not be taken on a proposed 10 cooperative unless the developer has an ownership, leasehold, 11 or contractual interest in the land upon which the cooperative 12 is to be developed. The division shall notify the developer 13 within 20 days of receipt of the reservation filing of any 14 deficiencies contained therein. Such notification shall not 15 preclude the determination of reservation filing deficiencies 16 at a later date, nor shall it relieve the developer of any 17 responsibility under the law. The escrow agreement and the 18 reservation agreement form shall include a statement of the 19 right of the prospective purchaser to an immediate unqualified 20 refund of the reservation deposit moneys upon written request 21 to the escrow agent by the prospective purchaser or the 22 developer. 23 Section 84. Section 719.504, Florida Statutes, is 24 amended to read: 25 719.504 Prospectus or offering circular.--Every 26 developer of a residential cooperative which contains more 27 than 20 residential units, or which is part of a group of 28 residential cooperatives which will be served by property to 29 be used in common by unit owners of more than 20 residential 30 units, shall prepare a prospectus or offering circular and 31 file it with the division of Florida Land Sales, Condominiums, 112 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 and Mobile Homes prior to entering into an enforceable 2 contract of purchase and sale of any unit or lease of a unit 3 for more than 5 years and shall furnish a copy of the 4 prospectus or offering circular to each buyer. In addition to 5 the prospectus or offering circular, each buyer shall be 6 furnished a separate page entitled "Frequently Asked Questions 7 and Answers," which must be in accordance with a format 8 approved by the division. This page must, in readable 9 language: inform prospective purchasers regarding their 10 voting rights and unit use restrictions, including 11 restrictions on the leasing of a unit; indicate whether and in 12 what amount the unit owners or the association is obligated to 13 pay rent or land use fees for recreational or other commonly 14 used facilities; contain a statement identifying that amount 15 of assessment which, pursuant to the budget, would be levied 16 upon each unit type, exclusive of any special assessments, and 17 which identifies the basis upon which assessments are levied, 18 whether monthly, quarterly, or otherwise; state and identify 19 any court cases in which the association is currently a party 20 of record in which the association may face liability in 21 excess of $100,000; and state whether membership in a 22 recreational facilities association is mandatory and, if so, 23 identify the fees currently charged per unit type. The 24 division shall by rule require such other disclosure as in its 25 judgment will assist prospective purchasers. The prospectus or 26 offering circular may include more than one cooperative, 27 although not all such units are being offered for sale as of 28 the date of the prospectus or offering circular. The 29 prospectus or offering circular must contain the following 30 information: 31 (1) The front cover or the first page must contain 113 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 only: 2 (a) The name of the cooperative. 3 (b) The following statements in conspicuous type: 4 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS 5 IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE 6 UNIT. 7 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN 8 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL 9 REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND 10 SALES MATERIALS. 11 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS 12 CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER 13 TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR 14 CORRECT REPRESENTATIONS. 15 (2) Summary: The next page must contain all 16 statements required to be in conspicuous type in the 17 prospectus or offering circular. 18 (3) A separate index of the contents and exhibits of 19 the prospectus. 20 (4) Beginning on the first page of the text (not 21 including the summary and index), a description of the 22 cooperative, including, but not limited to, the following 23 information: 24 (a) Its name and location. 25 (b) A description of the cooperative property, 26 including, without limitation: 27 1. The number of buildings, the number of units in 28 each building, the number of bathrooms and bedrooms in each 29 unit, and the total number of units, if the cooperative is not 30 a phase cooperative; or, if the cooperative is a phase 31 cooperative, the maximum number of buildings that may be 114 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 contained within the cooperative, the minimum and maximum 2 number of units in each building, the minimum and maximum 3 number of bathrooms and bedrooms that may be contained in each 4 unit, and the maximum number of units that may be contained 5 within the cooperative. 6 2. The page in the cooperative documents where a copy 7 of the survey and plot plan of the cooperative is located. 8 3. The estimated latest date of completion of 9 constructing, finishing, and equipping. In lieu of a date, a 10 statement that the estimated date of completion of the 11 cooperative is in the purchase agreement and a reference to 12 the article or paragraph containing that information. 13 (c) The maximum number of units that will use 14 facilities in common with the cooperative. If the maximum 15 number of units will vary, a description of the basis for 16 variation and the minimum amount of dollars per unit to be 17 spent for additional recreational facilities or enlargement of 18 such facilities. If the addition or enlargement of facilities 19 will result in a material increase of a unit owner's 20 maintenance expense or rental expense, if any, the maximum 21 increase and limitations thereon shall be stated. 22 (5)(a) A statement in conspicuous type describing 23 whether the cooperative is created and being sold as fee 24 simple interests or as leasehold interests. If the 25 cooperative is created or being sold on a leasehold, the 26 location of the lease in the disclosure materials shall be 27 stated. 28 (b) If timeshare estates are or may be created with 29 respect to any unit in the cooperative, a statement in 30 conspicuous type stating that timeshare estates are created 31 and being sold in such specified units in the cooperative. 115 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (6) A description of the recreational and other common 2 areas that will be used only by unit owners of the 3 cooperative, including, but not limited to, the following: 4 (a) Each room and its intended purposes, location, 5 approximate floor area, and capacity in numbers of people. 6 (b) Each swimming pool, as to its general location, 7 approximate size and depths, approximate deck size and 8 capacity, and whether heated. 9 (c) Additional facilities, as to the number of each 10 facility, its approximate location, approximate size, and 11 approximate capacity. 12 (d) A general description of the items of personal 13 property and the approximate number of each item of personal 14 property that the developer is committing to furnish for each 15 room or other facility or, in the alternative, a 16 representation as to the minimum amount of expenditure that 17 will be made to purchase the personal property for the 18 facility. 19 (e) The estimated date when each room or other 20 facility will be available for use by the unit owners. 21 (f)1. An identification of each room or other facility 22 to be used by unit owners that will not be owned by the unit 23 owners or the association; 24 2. A reference to the location in the disclosure 25 materials of the lease or other agreements providing for the 26 use of those facilities; and 27 3. A description of the terms of the lease or other 28 agreements, including the length of the term; the rent 29 payable, directly or indirectly, by each unit owner, and the 30 total rent payable to the lessor, stated in monthly and annual 31 amounts for the entire term of the lease; and a description of 116 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 any option to purchase the property leased under any such 2 lease, including the time the option may be exercised, the 3 purchase price or how it is to be determined, the manner of 4 payment, and whether the option may be exercised for a unit 5 owner's share or only as to the entire leased property. 6 (g) A statement as to whether the developer may 7 provide additional facilities not described above, their 8 general locations and types, improvements or changes that may 9 be made, the approximate dollar amount to be expended, and the 10 maximum additional common expense or cost to the individual 11 unit owners that may be charged during the first annual period 12 of operation of the modified or added facilities. 13 14 Descriptions as to locations, areas, capacities, numbers, 15 volumes, or sizes may be stated as approximations or minimums. 16 (7) A description of the recreational and other 17 facilities that will be used in common with other 18 cooperatives, community associations, or planned developments 19 which require the payment of the maintenance and expenses of 20 such facilities, either directly or indirectly, by the unit 21 owners. The description shall include, but not be limited to, 22 the following: 23 (a) Each building and facility committed to be built. 24 (b) Facilities not committed to be built except under 25 certain conditions, and a statement of those conditions or 26 contingencies. 27 (c) As to each facility committed to be built, or 28 which will be committed to be built upon the happening of one 29 of the conditions in paragraph (b), a statement of whether it 30 will be owned by the unit owners having the use thereof or by 31 an association or other entity which will be controlled by 117 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 them, or others, and the location in the exhibits of the lease 2 or other document providing for use of those facilities. 3 (d) The year in which each facility will be available 4 for use by the unit owners or, in the alternative, the maximum 5 number of unit owners in the project at the time each of all 6 of the facilities is committed to be completed. 7 (e) A general description of the items of personal 8 property, and the approximate number of each item of personal 9 property, that the developer is committing to furnish for each 10 room or other facility or, in the alternative, a 11 representation as to the minimum amount of expenditure that 12 will be made to purchase the personal property for the 13 facility. 14 (f) If there are leases, a description thereof, 15 including the length of the term, the rent payable, and a 16 description of any option to purchase. 17 18 Descriptions shall include location, areas, capacities, 19 numbers, volumes, or sizes and may be stated as approximations 20 or minimums. 21 (8) Recreation lease or associated club membership: 22 (a) If any recreational facilities or other common 23 areas offered by the developer and available to, or to be used 24 by, unit owners are to be leased or have club membership 25 associated, the following statement in conspicuous type shall 26 be included: THERE IS A RECREATIONAL FACILITIES LEASE 27 ASSOCIATED WITH THIS COOPERATIVE; or, THERE IS A CLUB 28 MEMBERSHIP ASSOCIATED WITH THIS COOPERATIVE. There shall be a 29 reference to the location in the disclosure materials where 30 the recreation lease or club membership is described in 31 detail. 118 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (b) If it is mandatory that unit owners pay a fee, 2 rent, dues, or other charges under a recreational facilities 3 lease or club membership for the use of facilities, there 4 shall be in conspicuous type the applicable statement: 5 1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS 6 MANDATORY FOR UNIT OWNERS; or 7 2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF 8 OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES 9 LEASE; or 10 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE 11 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, 12 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES 13 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or 14 4. A similar statement of the nature of the 15 organization or manner in which the use rights are created, 16 and that unit owners are required to pay. 17 18 Immediately following the applicable statement, the location 19 in the disclosure materials where the development is described 20 in detail shall be stated. 21 (c) If the developer, or any other person other than 22 the unit owners and other persons having use rights in the 23 facilities, reserves, or is entitled to receive, any rent, 24 fee, or other payment for the use of the facilities, then 25 there shall be the following statement in conspicuous type: 26 THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND 27 USE FEES FOR RECREATIONAL OR OTHER COMMON AREAS. Immediately 28 following this statement, the location in the disclosure 29 materials where the rent or land use fees are described in 30 detail shall be stated. 31 (d) If, in any recreation format, whether leasehold, 119 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 club, or other, any person other than the association has the 2 right to a lien on the units to secure the payment of 3 assessments, rent, or other exactions, there shall appear a 4 statement in conspicuous type in substantially the following 5 form: 6 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 7 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE 8 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE 9 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or 10 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 11 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING 12 DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE 13 RECREATIONAL OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE 14 TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. 15 16 Immediately following the applicable statement, the location 17 in the disclosure materials where the lien or lien right is 18 described in detail shall be stated. 19 (9) If the developer or any other person has the right 20 to increase or add to the recreational facilities at any time 21 after the establishment of the cooperative whose unit owners 22 have use rights therein, without the consent of the unit 23 owners or associations being required, there shall appear a 24 statement in conspicuous type in substantially the following 25 form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT 26 CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately 27 following this statement, the location in the disclosure 28 materials where such reserved rights are described shall be 29 stated. 30 (10) A statement of whether the developer's plan 31 includes a program of leasing units rather than selling them, 120 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 or leasing units and selling them subject to such leases. If 2 so, there shall be a description of the plan, including the 3 number and identification of the units and the provisions and 4 term of the proposed leases, and a statement in boldfaced type 5 that: THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. 6 (11) The arrangements for management of the 7 association and maintenance and operation of the cooperative 8 property and of other property that will serve the unit owners 9 of the cooperative property, and a description of the 10 management contract and all other contracts for these purposes 11 having a term in excess of 1 year, including the following: 12 (a) The names of contracting parties. 13 (b) The term of the contract. 14 (c) The nature of the services included. 15 (d) The compensation, stated on a monthly and annual 16 basis, and provisions for increases in the compensation. 17 (e) A reference to the volumes and pages of the 18 cooperative documents and of the exhibits containing copies of 19 such contracts. 20 21 Copies of all described contracts shall be attached as 22 exhibits. If there is a contract for the management of the 23 cooperative property, then a statement in conspicuous type in 24 substantially the following form shall appear, identifying the 25 proposed or existing contract manager: THERE IS (IS TO BE) A 26 CONTRACT FOR THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH 27 (NAME OF THE CONTRACT MANAGER). Immediately following this 28 statement, the location in the disclosure materials of the 29 contract for management of the cooperative property shall be 30 stated. 31 (12) If the developer or any other person or persons 121 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 other than the unit owners has the right to retain control of 2 the board of administration of the association for a period of 3 time which can exceed 1 year after the closing of the sale of 4 a majority of the units in that cooperative to persons other 5 than successors or alternate developers, then a statement in 6 conspicuous type in substantially the following form shall be 7 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO 8 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE 9 UNITS HAVE BEEN SOLD. Immediately following this statement, 10 the location in the disclosure materials where this right to 11 control is described in detail shall be stated. 12 (13) If there are any restrictions upon the sale, 13 transfer, conveyance, or leasing of a unit, then a statement 14 in conspicuous type in substantially the following form shall 15 be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS 16 RESTRICTED OR CONTROLLED. Immediately following this 17 statement, the location in the disclosure materials where the 18 restriction, limitation, or control on the sale, lease, or 19 transfer of units is described in detail shall be stated. 20 (14) If the cooperative is part of a phase project, 21 the following shall be stated: 22 (a) A statement in conspicuous type in substantially 23 the following form shall be included: THIS IS A PHASE 24 COOPERATIVE. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS 25 COOPERATIVE. Immediately following this statement, the 26 location in the disclosure materials where the phasing is 27 described shall be stated. 28 (b) A summary of the provisions of the declaration 29 providing for the phasing. 30 (c) A statement as to whether or not residential 31 buildings and units which are added to the cooperative may be 122 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 substantially different from the residential buildings and 2 units originally in the cooperative, and, if the added 3 residential buildings and units may be substantially 4 different, there shall be a general description of the extent 5 to which such added residential buildings and units may 6 differ, and a statement in conspicuous type in substantially 7 the following form shall be included: BUILDINGS AND UNITS 8 WHICH ARE ADDED TO THE COOPERATIVE MAY BE SUBSTANTIALLY 9 DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE 10 COOPERATIVE. Immediately following this statement, the 11 location in the disclosure materials where the extent to which 12 added residential buildings and units may substantially differ 13 is described shall be stated. 14 (d) A statement of the maximum number of buildings 15 containing units, the maximum and minimum number of units in 16 each building, the maximum number of units, and the minimum 17 and maximum square footage of the units that may be contained 18 within each parcel of land which may be added to the 19 cooperative. 20 (15) If the cooperative is created by conversion of 21 existing improvements, the following information shall be 22 stated: 23 (a) The information required by s. 719.616. 24 (b) A caveat that there are no express warranties 25 unless they are stated in writing by the developer. 26 (16) A summary of the restrictions, if any, to be 27 imposed on units concerning the use of any of the cooperative 28 property, including statements as to whether there are 29 restrictions upon children and pets, and reference to the 30 volumes and pages of the cooperative documents where such 31 restrictions are found, or if such restrictions are contained 123 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 elsewhere, then a copy of the documents containing the 2 restrictions shall be attached as an exhibit. 3 (17) If there is any land that is offered by the 4 developer for use by the unit owners and that is neither owned 5 by them nor leased to them, the association, or any entity 6 controlled by unit owners and other persons having the use 7 rights to such land, a statement shall be made as to how such 8 land will serve the cooperative. If any part of such land 9 will serve the cooperative, the statement shall describe the 10 land and the nature and term of service, and the cooperative 11 documents or other instrument creating such servitude shall be 12 included as an exhibit. 13 (18) The manner in which utility and other services, 14 including, but not limited to, sewage and waste disposal, 15 water supply, and storm drainage, will be provided and the 16 person or entity furnishing them. 17 (19) An explanation of the manner in which the 18 apportionment of common expenses and ownership of the common 19 areas have been determined. 20 (20) An estimated operating budget for the cooperative 21 and the association, and a schedule of the unit owner's 22 expenses shall be attached as an exhibit and shall contain the 23 following information: 24 (a) The estimated monthly and annual expenses of the 25 cooperative and the association that are collected from unit 26 owners by assessments. 27 (b) The estimated monthly and annual expenses of each 28 unit owner for a unit, other than assessments payable to the 29 association, payable by the unit owner to persons or entities 30 other than the association, and the total estimated monthly 31 and annual expense. There may be excluded from this estimate 124 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 expenses that are personal to unit owners, which are not 2 uniformly incurred by all unit owners, or which are not 3 provided for or contemplated by the cooperative documents, 4 including, but not limited to, the costs of private telephone; 5 maintenance of the interior of cooperative units, which is not 6 the obligation of the association; maid or janitorial services 7 privately contracted for by the unit owners; utility bills 8 billed directly to each unit owner for utility services to his 9 or her unit; insurance premiums other than those incurred for 10 policies obtained by the cooperative; and similar personal 11 expenses of the unit owner. A unit owner's estimated payments 12 for assessments shall also be stated in the estimated amounts 13 for the times when they will be due. 14 (c) The estimated items of expenses of the cooperative 15 and the association, except as excluded under paragraph (b), 16 including, but not limited to, the following items, which 17 shall be stated either as an association expense collectible 18 by assessments or as unit owners' expenses payable to persons 19 other than the association: 20 1. Expenses for the association and cooperative: 21 a. Administration of the association. 22 b. Management fees. 23 c. Maintenance. 24 d. Rent for recreational and other commonly used 25 areas. 26 e. Taxes upon association property. 27 f. Taxes upon leased areas. 28 g. Insurance. 29 h. Security provisions. 30 i. Other expenses. 31 j. Operating capital. 125 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 k. Reserves. 2 l. Fee payable to the division. 3 2. Expenses for a unit owner: 4 a. Rent for the unit, if subject to a lease. 5 b. Rent payable by the unit owner directly to the 6 lessor or agent under any recreational lease or lease for the 7 use of commonly used areas, which use and payment are a 8 mandatory condition of ownership and are not included in the 9 common expense or assessments for common maintenance paid by 10 the unit owners to the association. 11 (d) The estimated amounts shall be stated for a period 12 of at least 12 months and may distinguish between the period 13 prior to the time unit owners other than the developer elect a 14 majority of the board of administration and the period after 15 that date. 16 (21) A schedule of estimated closing expenses to be 17 paid by a buyer or lessee of a unit and a statement of whether 18 title opinion or title insurance policy is available to the 19 buyer and, if so, at whose expense. 20 (22) The identity of the developer and the chief 21 operating officer or principal directing the creation and sale 22 of the cooperative and a statement of its and his or her 23 experience in this field. 24 (23) Copies of the following, to the extent they are 25 applicable, shall be included as exhibits: 26 (a) The cooperative documents, or the proposed 27 cooperative documents if the documents have not been recorded. 28 (b) The articles of incorporation creating the 29 association. 30 (c) The bylaws of the association. 31 (d) The ground lease or other underlying lease of the 126 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 cooperative. 2 (e) The management agreement and all maintenance and 3 other contracts for management of the association and 4 operation of the cooperative and facilities used by the unit 5 owners having a service term in excess of 1 year. 6 (f) The estimated operating budget for the cooperative 7 and the required schedule of unit owners' expenses. 8 (g) A copy of the floor plan of the unit and the plot 9 plan showing the location of the residential buildings and the 10 recreation and other common areas. 11 (h) The lease of recreational and other facilities 12 that will be used only by unit owners of the subject 13 cooperative. 14 (i) The lease of facilities used by owners and others. 15 (j) The form of unit lease, if the offer is of a 16 leasehold. 17 (k) A declaration of servitude of properties serving 18 the cooperative but not owned by unit owners or leased to them 19 or the association. 20 (l) The statement of condition of the existing 21 building or buildings, if the offering is of units in an 22 operation being converted to cooperative ownership. 23 (m) The statement of inspection for termite damage and 24 treatment of the existing improvements, if the cooperative is 25 a conversion. 26 (n) The form of agreement for sale or lease of units. 27 (o) A copy of the agreement for escrow of payments 28 made to the developer prior to closing. 29 (p) A copy of the documents containing any 30 restrictions on use of the property required by subsection 31 (16). 127 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (24) Any prospectus or offering circular complying 2 with the provisions of former ss. 711.69 and 711.802 may 3 continue to be used without amendment, or may be amended to 4 comply with the provisions of this chapter. 5 (25) A brief narrative description of the location and 6 effect of all existing and intended easements located or to be 7 located on the cooperative property other than those in the 8 declaration. 9 (26) If the developer is required by state or local 10 authorities to obtain acceptance or approval of any dock or 11 marina facility intended to serve the cooperative, a copy of 12 such acceptance or approval acquired by the time of filing 13 with the division pursuant to s. 719.502 or a statement that 14 such acceptance has not been acquired or received. 15 (27) Evidence demonstrating that the developer has an 16 ownership, leasehold, or contractual interest in the land upon 17 which the cooperative is to be developed. 18 Section 85. Section 719.508, Florida Statutes, is 19 amended to read: 20 719.508 Regulation by Division of Hotels and 21 Restaurants.--In addition to the authority, regulation, or 22 control exercised by the Division of Florida Land Sales, 23 Condominiums, Timeshare, and Mobile Homes pursuant to this act 24 with respect to cooperatives, buildings included in a 25 cooperative property shall be subject to the authority, 26 regulation, or control of the Division of Hotels and 27 Restaurants of the Department of Business and Professional 28 Regulation, to the extent provided for in chapters 399 and 29 509. 30 Section 86. Paragraph (a) of subsection (2) of section 31 719.608, Florida Statutes, is amended to read: 128 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 719.608 Notice of intended conversion; time of 2 delivery; content.-- 3 (2)(a) Each notice of intended conversion shall be 4 dated and in writing. The notice shall contain the following 5 statement, with the phrases of the following statement which 6 appear in upper case printed in conspicuous type: 7 8 These apartments are being converted to cooperative by 9 ...(name of developer)..., the developer. 10 1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION 11 OF YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL 12 AGREEMENT AS FOLLOWS: 13 a. If you have continuously been a resident of these 14 apartments during the last 180 days and your rental agreement 15 expires during the next 270 days, you may extend your rental 16 agreement for up to 270 days after the date of this notice. 17 b. If you have not been a continuous resident of these 18 apartments for the last 180 days and your rental agreement 19 expires during the next 180 days, you may extend your rental 20 agreement for up to 180 days after the date of this notice. 21 c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, 22 YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS 23 AFTER THE DATE OF THIS NOTICE. 24 2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 25 DAYS, you may extend your rental agreement for up to 45 days 26 after the date of this notice while you decide whether to 27 extend your rental agreement as explained above. To do so, you 28 must notify the developer in writing. You will then have the 29 full 45 days to decide whether to extend your rental agreement 30 as explained above. 31 3. During the extension of your rental agreement you 129 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 will be charged the same rent that you are now paying. 2 4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY 3 EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS: 4 a. If your rental agreement began or was extended or 5 renewed after May 1, 1980, and your rental agreement, 6 including extensions and renewals, has an unexpired term of 7 180 days or less, you may cancel your rental agreement upon 30 8 days' written notice and move. Also, upon 30 days' written 9 notice, you may cancel any extension of the rental agreement. 10 b. If your rental agreement was not begun or was not 11 extended or renewed after May 1, 1980, you may not cancel the 12 rental agreement without the consent of the developer. If 13 your rental agreement, including extensions and renewals, has 14 an unexpired term of 180 days or less, you may, however, upon 15 30 days' written notice cancel any extension of the rental 16 agreement. 17 5. All notices must be given in writing and sent by 18 mail, return receipt requested, or delivered in person to the 19 developer at this address: ...(name and address of 20 developer).... 21 6. If you have continuously been a resident of these 22 apartments during the last 180 days: 23 a. You have the right to purchase your apartment and 24 will have 45 days to decide whether to purchase. If you do 25 not buy the unit at that price and the unit is later offered 26 at a lower price, you will have the opportunity to buy the 27 unit at the lower price. However, in all events your right to 28 purchase the unit ends when the rental agreement or any 29 extension of the rental agreement ends or when you waive this 30 right in writing. 31 b. Within 90 days you will be provided purchase 130 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 information relating to your apartment, including the price of 2 your unit and the condition of the building. If you do not 3 receive this information within 90 days, your rental agreement 4 and any extension will be extended 1 day for each day over 90 5 days until you are given the purchase information. If you do 6 not want this rental agreement extension, you must notify the 7 developer in writing. 8 7. If you have any questions regarding this conversion 9 or the Cooperative Act, you may contact the developer or the 10 state agency which regulates cooperatives: The Division of 11 Florida Land Sales, Condominiums, Timeshare, and Mobile Homes, 12 ...(Tallahassee address and telephone number of division).... 13 Section 87. Subsection (10) of section 721.05, Florida 14 Statutes, is amended to read: 15 721.05 Definitions.--As used in this chapter, the 16 term: 17 (10) "Division" means the Division of Florida Land 18 Sales, Condominiums, Timeshare, and Mobile Homes of the 19 Department of Business and Professional Regulation. 20 Section 88. Paragraph (d) of subsection (2) of section 21 721.07, Florida Statutes, is amended to read: 22 721.07 Public offering statement.--Prior to offering 23 any timeshare plan, the developer must submit a registered 24 public offering statement to the division for approval as 25 prescribed by s. 721.03, s. 721.55, or this section. Until 26 the division approves such filing, any contract regarding the 27 sale of that timeshare plan is voidable by the purchaser. 28 (2) 29 (d) A developer shall have the authority to deliver to 30 purchasers any purchaser public offering statement that is not 31 yet approved by the division, provided that the following 131 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 shall apply: 2 1. At the time the developer delivers an unapproved 3 purchaser public offering statement to a purchaser pursuant to 4 this paragraph, the developer shall deliver a fully completed 5 and executed copy of the purchase contract required by s. 6 721.06 that contains the following statement in conspicuous 7 type in substantially the following form which shall replace 8 the statements required by s. 721.06(1)(g): 9 10 The developer is delivering to you a public offering statement 11 that has been filed with but not yet approved by the Division 12 of Florida Land Sales, Condominiums, Timeshare, and Mobile 13 Homes. Any revisions to the unapproved public offering 14 statement you have received must be delivered to you, but only 15 if the revisions materially alter or modify the offering in a 16 manner adverse to you. After the division approves the public 17 offering statement, you will receive notice of the approval 18 from the developer and the required revisions, if any. 19 20 Your statutory right to cancel this transaction without any 21 penalty or obligation expires 10 calendar days after the date 22 you signed your purchase contract or 10 calendar days after 23 you receive revisions required to be delivered to you, if any, 24 whichever is later. 25 26 2. After receipt of approval from the division and 27 prior to closing, if any revisions made to the documents 28 contained in the purchaser public offering statement 29 materially alter or modify the offering in a manner adverse to 30 a purchaser, the developer shall send the purchaser such 31 revisions together with a notice containing a statement in 132 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 conspicuous type in substantially the following form: 2 3 The unapproved public offering statement previously delivered 4 to you, together with the enclosed revisions, has been 5 approved by the Division of Florida Land Sales, Condominiums, 6 Timeshare, and Mobile Homes. Accordingly, your cancellation 7 right expires 10 calendar days after you sign your purchase 8 contract or 10 calendar days after you receive these 9 revisions, whichever is later. If you have any questions 10 regarding your cancellation rights, you may contact the 11 division at [insert division's current address]. 12 13 3. After receipt of approval from the division and 14 prior to closing, if no revisions have been made to the 15 documents contained in the unapproved purchaser public 16 offering statement, or if such revisions do not materially 17 alter or modify the offering in a manner adverse to a 18 purchaser, the developer shall send the purchaser a notice 19 containing a statement in conspicuous type in substantially 20 the following form: 21 22 The unapproved public offering statement previously delivered 23 to you has been approved by the Division of Florida Land 24 Sales, Condominiums, Timeshare, and Mobile Homes. Revisions 25 made to the unapproved public offering statement, if any, are 26 either not required to be delivered to you or are not deemed 27 by the developer, in its opinion, to materially alter or 28 modify the offering in a manner that is adverse to you. 29 Accordingly, your cancellation right expired 10 days after you 30 signed your purchase contract. A complete copy of the approved 31 public offering statement is available through the managing 133 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 entity for inspection as part of the books and records of the 2 plan. If you have any questions regarding your cancellation 3 rights, you may contact the division at [insert division's 4 current address]. 5 Section 89. Subsection (8) of section 721.08, Florida 6 Statutes, is amended to read: 7 721.08 Escrow accounts; nondisturbance instruments; 8 alternate security arrangements; transfer of legal title.-- 9 (8) An escrow agent holding escrowed funds pursuant to 10 this chapter that have not been claimed for a period of 5 11 years after the date of deposit shall make at least one 12 reasonable attempt to deliver such unclaimed funds to the 13 purchaser who submitted such funds to escrow. In making such 14 attempt, an escrow agent is entitled to rely on a purchaser's 15 last known address as set forth in the books and records of 16 the escrow agent and is not required to conduct any further 17 search for the purchaser. If an escrow agent's attempt to 18 deliver unclaimed funds to any purchaser is unsuccessful, the 19 escrow agent may deliver such unclaimed funds to the division 20 and the division shall deposit such unclaimed funds in the 21 Division of Florida Land Sales, Condominiums, Timeshare, and 22 Mobile Homes Trust Fund, 30 days after giving notice in a 23 publication of general circulation in the county in which the 24 timeshare property containing the purchaser's timeshare 25 interest is located. The purchaser may claim the same at any 26 time prior to the delivery of such funds to the division. 27 After delivery of such funds to the division, the purchaser 28 shall have no more rights to the unclaimed funds. The escrow 29 agent shall not be liable for any claims from any party 30 arising out of the escrow agent's delivery of the unclaimed 31 funds to the division pursuant to this section. 134 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Section 90. Section 721.26, Florida Statutes, is 2 amended to read: 3 721.26 Regulation by division.--The division has the 4 power to enforce and ensure compliance with the provisions of 5 this chapter, except for parts III and IV, using the powers 6 provided in this chapter, as well as the powers prescribed in 7 chapters 498, 718, and 719. In performing its duties, the 8 division shall have the following powers and duties: 9 (1) To aid in the enforcement of this chapter, or any 10 division rule or order promulgated or issued pursuant to this 11 chapter, the division may make necessary public or private 12 investigations within or outside this state to determine 13 whether any person has violated or is about to violate this 14 chapter, or any division rule or order promulgated or issued 15 pursuant to this chapter. 16 (2) The division may require or permit any person to 17 file a written statement under oath or otherwise, as the 18 division determines, as to the facts and circumstances 19 concerning a matter under investigation. 20 (3) For the purpose of any investigation under this 21 chapter, the director of the division or any officer or 22 employee designated by the director may administer oaths or 23 affirmations, subpoena witnesses and compel their attendance, 24 take evidence, and require the production of any matter which 25 is relevant to the investigation, including the identity, 26 existence, description, nature, custody, condition, and 27 location of any books, documents, or other tangible things and 28 the identity and location of persons having knowledge of 29 relevant facts or any other matter reasonably calculated to 30 lead to the discovery of material evidence. Failure to obey a 31 subpoena or to answer questions propounded by the 135 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 investigating officer and upon reasonable notice to all 2 persons affected thereby shall be a violation of this chapter. 3 In addition to the other enforcement powers authorized in this 4 subsection, the division may, at its discretion, apply to the 5 circuit court for an order compelling compliance. 6 (4) The division may prepare and disseminate a 7 prospectus and other information to assist prospective 8 purchasers, sellers, and managing entities of timeshare plans 9 in assessing the rights, privileges, and duties pertaining 10 thereto. 11 (5) Notwithstanding any remedies available to 12 purchasers, if the division has reasonable cause to believe 13 that a violation of this chapter, or of any division rule or 14 order promulgated or issued pursuant to this chapter, has 15 occurred, the division may institute enforcement proceedings 16 in its own name against any regulated party, as such term is 17 defined in this subsection: 18 (a)1. "Regulated party," for purposes of this section, 19 means any developer, exchange company, seller, managing 20 entity, association, association director, association 21 officer, manager, management firm, escrow agent, trustee, any 22 respective assignees or agents, or any other person having 23 duties or obligations pursuant to this chapter. 24 2. Any person who materially participates in any offer 25 or disposition of any interest in, or the management or 26 operation of, a timeshare plan in violation of this chapter or 27 relevant rules involving fraud, deception, false pretenses, 28 misrepresentation, or false advertising or the disbursement, 29 concealment, or diversion of any funds or assets, which 30 conduct adversely affects the interests of a purchaser, and 31 which person directly or indirectly controls a regulated party 136 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 or is a general partner, officer, director, agent, or employee 2 of such regulated party, shall be jointly and severally liable 3 under this subsection with such regulated party, unless such 4 person did not know, and in the exercise of reasonable care 5 could not have known, of the existence of the facts giving 6 rise to the violation of this chapter. A right of 7 contribution shall exist among jointly and severally liable 8 persons pursuant to this paragraph. 9 (b) The division may permit any person whose conduct 10 or actions may be under investigation to waive formal 11 proceedings and enter into a consent proceeding whereby an 12 order, rule, or letter of censure or warning, whether formal 13 or informal, may be entered against that person. 14 (c) The division may issue an order requiring a 15 regulated party to cease and desist from an unlawful practice 16 under this chapter and take such affirmative action as in the 17 judgment of the division will carry out the purposes of this 18 chapter. 19 (d)1. The division may bring an action in circuit 20 court for declaratory or injunctive relief or for other 21 appropriate relief, including restitution. 22 2. The division shall have broad authority and 23 discretion to petition the circuit court to appoint a receiver 24 with respect to any managing entity which fails to perform its 25 duties and obligations under this chapter with respect to the 26 operation of a timeshare plan. The circumstances giving rise 27 to an appropriate petition for receivership under this 28 subparagraph include, but are not limited to: 29 a. Damage to or destruction of any of the 30 accommodations or facilities of a timeshare plan, where the 31 managing entity has failed to repair or reconstruct same. 137 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 b. A breach of fiduciary duty by the managing entity, 2 including, but not limited to, undisclosed self-dealing or 3 failure to timely assess, collect, or disburse the common 4 expenses of the timeshare plan. 5 c. Failure of the managing entity to operate the 6 timeshare plan in accordance with the timeshare instrument and 7 this chapter. 8 9 If, under the circumstances, it appears that the events giving 10 rise to the petition for receivership cannot be reasonably and 11 timely corrected in a cost-effective manner consistent with 12 the timeshare instrument, the receiver may petition the 13 circuit court to implement such amendments or revisions to the 14 timeshare instrument as may be necessary to enable the 15 managing entity to resume effective operation of the timeshare 16 plan, or to enter an order terminating the timeshare plan, or 17 to enter such further orders regarding the disposition of the 18 timeshare property as the court deems appropriate, including 19 the disposition and sale of the timeshare property held by the 20 association or the purchasers. In the event of a receiver's 21 sale, all rights, title, and interest held by the association 22 or any purchaser shall be extinguished and title shall vest in 23 the buyer. This provision applies to timeshare estates and 24 timeshare licenses. All reasonable costs and fees of the 25 receiver relating to the receivership shall become common 26 expenses of the timeshare plan upon order of the court. 27 3. The division may revoke its approval of any filing 28 for any timeshare plan for which a petition for receivership 29 has been filed pursuant to this paragraph. 30 (e)1. The division may impose a penalty against any 31 regulated party for a violation of this chapter or any rule 138 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 adopted thereunder. A penalty may be imposed on the basis of 2 each day of continuing violation, but in no event may the 3 penalty for any offense exceed $10,000. All accounts 4 collected shall be deposited with the Treasurer to the credit 5 of the Division of Florida Land Sales, Condominiums, 6 Timeshare, and Mobile Homes Trust Fund. 7 2.a. If a regulated party fails to pay a penalty, the 8 division shall thereupon issue an order directing that such 9 regulated party cease and desist from further operation until 10 such time as the penalty is paid; or the division may pursue 11 enforcement of the penalty in a court of competent 12 jurisdiction. 13 b. If an association or managing entity fails to pay a 14 civil penalty, the division may pursue enforcement in a court 15 of competent jurisdiction. 16 (f) In order to permit the regulated party an 17 opportunity either to appeal such decision administratively or 18 to seek relief in a court of competent jurisdiction, the order 19 imposing the penalty or the cease and desist order shall not 20 become effective until 20 days after the date of such order. 21 (g) Any action commenced by the division shall be 22 brought in the county in which the division has its executive 23 offices or in the county where the violation occurred. 24 (h) Notice to any regulated party shall be complete 25 when delivered by United States mail, return receipt 26 requested, to the party's address currently on file with the 27 division or to such other address at which the division is 28 able to locate the party. Every regulated party has an 29 affirmative duty to notify the division of any change of 30 address at least 5 business days prior to such change. 31 (6) The division has authority to adopt rules pursuant 139 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 to ss. 120.536(1) and 120.54 to implement and enforce the 2 provisions of this chapter. 3 (7)(a) The use of any unfair or deceptive act or 4 practice by any person in connection with the sales or other 5 operations of an exchange program or timeshare plan is a 6 violation of this chapter. 7 (b) Any violation of the Florida Deceptive and Unfair 8 Trade Practices Act, ss. 501.201 et seq., relating to the 9 creation, promotion, sale, operation, or management of any 10 timeshare plan shall also be a violation of this chapter. 11 (c) The division is authorized to institute 12 proceedings against any such person and take any appropriate 13 action authorized in this section in connection therewith, 14 notwithstanding any remedies available to purchasers. 15 (8) The failure of any person to comply with any order 16 of the division is a violation of this chapter. 17 Section 91. Section 721.28, Florida Statutes, is 18 amended to read: 19 721.28 Division of Florida Land Sales, Condominiums, 20 Timeshare, and Mobile Homes Trust Fund.--All funds collected 21 by the division and any amounts paid as fees or penalties 22 under this chapter shall be deposited in the State Treasury to 23 the credit of the Division of Florida Land Sales, 24 Condominiums, Timeshare, and Mobile Homes Trust Fund created 25 by s. 718.509 498.019. 26 Section 92. Paragraph (c) of subsection (1) of section 27 721.301, Florida Statutes, is amended to read: 28 721.301 Florida Timesharing, Vacation Club, and 29 Hospitality Program.-- 30 (1) 31 (c) The director may designate funds from the Division 140 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 of Florida Land Sales, Condominiums, Timeshare, and Mobile 2 Homes Trust Fund, not to exceed $50,000 annually, to support 3 the projects and proposals undertaken pursuant to paragraph 4 (b). All state trust funds to be expended pursuant to this 5 section must be matched equally with private moneys and shall 6 comprise no more than half of the total moneys expended 7 annually. 8 Section 93. Section 721.50, Florida Statutes, is 9 amended to read: 10 721.50 Short title.--This part may be cited as the 11 "McAllister Act" in recognition and appreciation for the years 12 of extraordinary and insightful contributions by Mr. Bryan C. 13 McAllister, Examinations Supervisor, former Division of 14 Florida Land Sales, Condominiums, and Mobile Homes. 15 Section 94. Subsection (10) of section 721.82, Florida 16 Statutes, is amended to read: 17 721.82 Definitions.--As used in this part, the term: 18 (10) "Registered agent" means an agent duly appointed 19 by the obligor under s. 721.84 for the purpose of accepting 20 all notices and service of process under this part for the 21 obligor. A registered agent may be an individual resident in 22 this state whose business office qualifies as a registered 23 office, or a domestic or foreign corporation or a 24 not-for-profit corporation as defined in chapter 617 25 authorized to transact business or to conduct its affairs in 26 this state, whose business office qualifies as a registered 27 office. A registered agent for any obligor may not be the 28 lienholder or the attorney for the lienholder. 29 Section 95. Subsection (5) of section 721.84, Florida 30 Statutes, is amended, present subsections (6) and (7) are 31 renumbered as subsections (9) and (10), respectively, and new 141 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 subsections (6), (7), and (8) are added to that section, to 2 read: 3 721.84 Appointment of a registered agent; duties.-- 4 (5) A registered agent may resign his or her agency 5 appointment for any obligor for which he or she serves as 6 registered agent, provided that: 7 (a) The resigning registered agent executes a written 8 statement of resignation that identifies himself or herself 9 and the street address of his or her registered office, and 10 identifies the obligors affected by his or her resignation; 11 (b)1. A successor registered agent is appointed by the 12 resigning registered agent and such successor registered agent 13 executes an acceptance of appointment as successor registered 14 agent and satisfies all of the requirements of subsection (1); 15 or. 16 2. The registered agent provides 120 days' prior 17 written notice to the mortagee as to the mortgage lien and to 18 the owners' association of the timeshare plan as to the 19 assessment lien of its intent to deliver the statement of 20 resignation. Prior to the effective date of termination of the 21 resigning registered agent's agency and registered office, a 22 The resigning registered agent may designate the successor 23 registered agent; however, if the resigning registered agent 24 fails to designate a successor registered agent or the 25 designated successor registered agent fails to accept, the 26 successor registered agent for the affected obligors may be 27 designated by the mortgagee as to the mortgage lien and by the 28 owners' association of the timeshare plan as to the assessment 29 lien; and 30 (c)1. If a successor registered agent is appointed 31 under subparagraph (b)1., copies of the statement of 142 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 resignation and acceptance of appointment as successor 2 registered agent are promptly mailed to the affected obligors 3 at the obligors' last designated address shown on the records 4 of the resigning registered agent and to the affected 5 lienholders; or. 6 2. If a resigning registered agent has previously 7 provided notice under subparagraph (b)2., a copy of the 8 statement of resignation is promptly mailed to the affected 9 obligors at the obligor's last designated address shown on the 10 records of the resigning registered agent and a copy of the 11 statement of resignation and a list of the obligors' last 12 designated addresses shown on the records of the resigning 13 registered agent are promptly mailed to the affected 14 lienholders. 15 (6) If a successor registered agent is appointed under 16 subparagraph (5)(b)1., the agency and registered office of the 17 resigning registered agent are terminated and the agency and 18 registered office of the successor registered agent are 19 effective as of the 10th day after the date on which the 20 statement of resignation and acceptance of appointment as 21 successor registered agent are received by the lienholder, 22 unless a longer period is provided in the statement of 23 resignation and acceptance of appointment as successor 24 registered agent. 25 (7) If a resigning registered agent has previously 26 provided notice under subparagraph (5)(b)2. and a successor 27 registered agent is not designated or the designated successor 28 registered agent fails to accept the appointment as registered 29 agent, the agency and registered office of the resigning 30 registered agent are terminated effective as of the 10th day 31 after the date on which the statement of resignation and list 143 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 of obligors required by subparagraph (5)(c)2. are received by 2 the lienholder, unless a longer period is provided in the 3 statement of resignation. After the effective date of the 4 termination of the agency and registered office of the 5 resigning registered agent, if no successor registered agent 6 exists, the affected lienholders must mail any notice or 7 document required to be delivered by a lienholder to the 8 obligor by first class mail if the obligor's address is within 9 the United States, and by international air mail if the 10 obligor's address is outside the United States, with postage 11 fees prepaid to the obligor at the obligor's last designated 12 address as shown on the records of the resigning registered 13 agent. If such notice or document requires service of process 14 on persons outside the United States, such service of process 15 shall be accomplished by any internationally agreed means 16 reasonably calculated to give notice. Whenever no successor 17 registered agent exists, a successor registered agent for the 18 affected obligors may be designated by the mortagee as to the 19 mortgage lien and by the owners' association of the timeshare 20 plan as to the assessment lien. 21 (8) If a successor registered agent is appointed under 22 subparagraph (5)(b)2. or under subsection (7), copies of the 23 acceptance of appointment as successor registered agent must 24 be promptly mailed, by the mortgagee as to a registered agent 25 appointed by the mortgagee as to the mortgage lien, and by the 26 owners' association of the timeshare plan as to the assessment 27 lien, to the affected obligors at the obligor's last address 28 shown on the records of the resigning registered agent. The 29 agency and registered office of the successor registered agent 30 are effective as of the date provided in the acceptance of 31 appointment. 144 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Section 96. Subsection (1) of section 723.003, Florida 2 Statutes, is amended to read: 3 723.003 Definitions.--As used in this chapter, the 4 following words and terms have the following meanings unless 5 clearly indicated otherwise: 6 (1) The term "division" means the Division of Florida 7 Land Sales, Condominiums, Timeshare, and Mobile Homes of the 8 Department of Business and Professional Regulation. 9 Section 97. Paragraph (e) of subsection (5) of section 10 723.006, Florida Statutes, is amended to read: 11 723.006 Powers and duties of division.--In performing 12 its duties, the division has the following powers and duties: 13 (5) Notwithstanding any remedies available to mobile 14 home owners, mobile home park owners, and homeowners' 15 associations, if the division has reasonable cause to believe 16 that a violation of any provision of this chapter or any rule 17 promulgated pursuant hereto has occurred, the division may 18 institute enforcement proceedings in its own name against a 19 developer, mobile home park owner, or homeowners' association, 20 or its assignee or agent, as follows: 21 (e)1. The division may impose a civil penalty against 22 a mobile home park owner or homeowners' association, or its 23 assignee or agent, for any violation of this chapter, a 24 properly promulgated park rule or regulation, or a rule or 25 regulation promulgated pursuant hereto. A penalty may be 26 imposed on the basis of each separate violation and, if the 27 violation is a continuing one, for each day of continuing 28 violation, but in no event may the penalty for each separate 29 violation or for each day of continuing violation exceed 30 $5,000. All amounts collected shall be deposited with the 31 Treasurer to the credit of the Division of Florida Land Sales, 145 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Condominiums, Timeshare, and Mobile Homes Trust Fund. 2 2. If a violator fails to pay the civil penalty, the 3 division shall thereupon issue an order directing that such 4 violator cease and desist from further violation until such 5 time as the civil penalty is paid or may pursue enforcement of 6 the penalty in a court of competent jurisdiction. If a 7 homeowners' association fails to pay the civil penalty, the 8 division shall thereupon pursue enforcement in a court of 9 competent jurisdiction, and the order imposing the civil 10 penalty or the cease and desist order shall not become 11 effective until 20 days after the date of such order. Any 12 action commenced by the division shall be brought in the 13 county in which the division has its executive offices or in 14 which the violation occurred. 15 Section 98. Section 723.0065, Florida Statutes, is 16 amended to read: 17 723.0065 Public records exemption; findings.--The 18 Legislature, in narrowing the existing public records 19 exemption pursuant to s. 1, chapter 94-78, Laws of Florida, 20 finds that a public necessity exists to keep confidential and 21 retain the public records exemption for financial records of 22 mobile home park owners acquired by the division of Florida 23 Land Sales, Condominiums, and Mobile Homes when performing its 24 duties under the Florida Mobile Home Act unless the mobile 25 home park owner has violated the provisions of this chapter. 26 In that case, only those financial records that are 27 specifically relevant to the finding of violation should be 28 released. If it were otherwise, the division would encounter 29 difficulties in procuring such proprietary information which 30 would impede the effective and efficient performance of the 31 division's public duties. Additionally, release of such 146 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 proprietary information would harm the business interests of 2 innocent mobile home park owners to the advantage of 3 competitors and potential purchasers. Effective monitoring of 4 the division's performance of its duties can be conducted 5 without access to these records, and these records are 6 otherwise available pursuant to a civil complaint as 7 envisioned by the act. Accordingly, the public good served by 8 access to financial records of a mobile home park owner who 9 has not violated the provisions of this chapter is outweighed 10 by the interference with division investigations and the 11 private harm that could be caused by allowing such access. 12 Section 99. Section 723.009, Florida Statutes, is 13 amended to read: 14 723.009 Division of Florida Land Sales, Condominiums, 15 Timeshare, and Mobile Homes Trust Fund.--All proceeds from the 16 fees, penalties, and fines imposed pursuant to this chapter 17 shall be deposited into the Division of Florida Land Sales, 18 Condominiums, Timeshare, and Mobile Homes Trust Fund created 19 by s. 718.509 498.019. Moneys in this fund, as appropriated 20 by the Legislature pursuant to chapter 216, may be used to 21 defray the expenses incurred by the division in administering 22 the provisions of this chapter. 23 Section 100. Subsection (2) of section 73.073, Florida 24 Statutes, is amended to read: 25 73.073 Eminent domain procedure with respect to 26 condominium common elements.-- 27 (2) With respect to the exercise of eminent domain or 28 a negotiated sale for the purchase or taking of a portion of 29 the common elements of a condominium, the condemning authority 30 shall have the responsibility of contacting the condominium 31 association and acquiring the most recent rolls indicating the 147 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 names of the unit owners or contacting the appropriate taxing 2 authority to obtain the names of the owners of record on the 3 tax rolls. Notification shall thereupon be sent by certified 4 mail, return receipt requested, to the unit owners of record 5 of the condominium units by the condemning authority 6 indicating the intent to purchase or take the required 7 property and requesting a response from the unit owner. The 8 condemning authority shall be responsible for the expense of 9 sending notification pursuant to this section. Such notice 10 shall, at a minimum, include: 11 (a) The name and address of the condemning authority. 12 (b) A written or visual description of the property. 13 (c) The public purpose for which the property is 14 needed. 15 (d) The appraisal value of the property. 16 (e) A clear, concise statement relating to the unit 17 owner's right to object to the taking or appraisal value and 18 the procedures and effects of exercising that right. 19 (f) A clear, concise statement relating to the power 20 of the association to convey the property on behalf of the 21 unit owners if no objection to the taking or appraisal value 22 is raised, and the effects of this alternative on the unit 23 owner. 24 25 The Division of Florida Land Sales, Condominiums, Timeshare, 26 and Mobile Homes of the Department of Business and 27 Professional Regulation may adopt, by rule, a standard form 28 for such notice and may require the notice to include any 29 additional relevant information. 30 Section 101. Paragraph (e) of subsection (6) of 31 section 192.037, Florida Statutes, is amended to read: 148 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 192.037 Fee timeshare real property; taxes and 2 assessments; escrow.-- 3 (6) 4 (e) On or before May 1 of each year, a statement of 5 receipts and disbursements of the escrow account must be filed 6 with the Division of Florida Land Sales, Condominiums, 7 Timeshare, and Mobile Homes of the Department of Business and 8 Professional Regulation, which may enforce this paragraph 9 pursuant to s. 721.26. This statement must appropriately show 10 the amount of principal and interest in such account. 11 Section 102. Paragraph (i) of subsection (7) of 12 section 213.053, Florida Statutes, is amended to read: 13 213.053 Confidentiality and information sharing.-- 14 (7) Notwithstanding any other provision of this 15 section, the department may provide: 16 (i) Information relative to chapters 212 and 326 to 17 the Division of Florida Land Sales, Condominiums, and Mobile 18 Homes of the Department of Business and Professional 19 Regulation in the conduct of its official duties. 20 21 Disclosure of information under this subsection shall be 22 pursuant to a written agreement between the executive director 23 and the agency. Such agencies, governmental or 24 nongovernmental, shall be bound by the same requirements of 25 confidentiality as the Department of Revenue. Breach of 26 confidentiality is a misdemeanor of the first degree, 27 punishable as provided by s. 775.082 or s. 775.083. 28 Section 103. Paragraph (w) of subsection (4) of 29 section 215.20, Florida Statutes, is amended to read: 30 215.20 Certain income and certain trust funds to 31 contribute to the General Revenue Fund.-- 149 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (4) The income of a revenue nature deposited in the 2 following described trust funds, by whatever name designated, 3 is that from which the deductions authorized by subsection (3) 4 shall be made: 5 (w) The Division of Florida Land Sales, Condominiums, 6 Timeshare, and Mobile Homes Trust Fund established pursuant to 7 s. 718.509 498.019. 8 9 The enumeration of the foregoing moneys or trust funds shall 10 not prohibit the applicability thereto of s. 215.24 should the 11 Governor determine that for the reasons mentioned in s. 215.24 12 the money or trust funds should be exempt herefrom, as it is 13 the purpose of this law to exempt income from its force and 14 effect when, by the operation of this law, federal matching 15 funds or contributions or private grants to any trust fund 16 would be lost to the state. 17 Section 104. Paragraph (a) of subsection (4) of 18 section 380.0651, Florida Statutes, is amended to read: 19 380.0651 Statewide guidelines and standards.-- 20 (4) Two or more developments, represented by their 21 owners or developers to be separate developments, shall be 22 aggregated and treated as a single development under this 23 chapter when they are determined to be part of a unified plan 24 of development and are physically proximate to one other. 25 (a) The criteria of two of the following subparagraphs 26 must be met in order for the state land planning agency to 27 determine that there is a unified plan of development: 28 1.a. The same person has retained or shared control of 29 the developments; 30 b. The same person has ownership or a significant 31 legal or equitable interest in the developments; or 150 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 c. There is common management of the developments 2 controlling the form of physical development or disposition of 3 parcels of the development. 4 2. There is a reasonable closeness in time between the 5 completion of 80 percent or less of one development and the 6 submission to a governmental agency of a master plan or series 7 of plans or drawings for the other development which is 8 indicative of a common development effort. 9 3. A master plan or series of plans or drawings exists 10 covering the developments sought to be aggregated which have 11 been submitted to a local general-purpose government, water 12 management district, the Florida Department of Environmental 13 Protection, or the Division of Florida Land Sales, 14 Condominiums, Timeshare, and Mobile Homes for authorization to 15 commence development. The existence or implementation of a 16 utility's master utility plan required by the Public Service 17 Commission or general-purpose local government or a master 18 drainage plan shall not be the sole determinant of the 19 existence of a master plan. 20 4. The voluntary sharing of infrastructure that is 21 indicative of a common development effort or is designated 22 specifically to accommodate the developments sought to be 23 aggregated, except that which was implemented because it was 24 required by a local general-purpose government; water 25 management district; the Department of Environmental 26 Protection; the Division of Florida Land Sales, Condominiums, 27 Timeshare, and Mobile Homes; or the Public Service Commission. 28 5. There is a common advertising scheme or promotional 29 plan in effect for the developments sought to be aggregated. 30 Section 105. Subsection (5) of section 455.116, 31 Florida Statutes, is amended to read: 151 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 455.116 Regulation trust funds.--The following trust 2 funds shall be placed in the department: 3 (5) Division of Florida Land Sales, Condominiums, 4 Timeshare, and Mobile Homes Trust Fund. 5 Section 106. Section 475.455, Florida Statutes, is 6 amended to read: 7 475.455 Exchange of disciplinary information.--The 8 commission shall inform the Division of Florida Land Sales, 9 Condominiums, Timeshare, and Mobile Homes of the Department of 10 Business and Professional Regulation of any disciplinary 11 action the commission has taken against any of its licensees. 12 The division shall inform the commission of any disciplinary 13 action the division has taken against any broker or 14 salesperson registered with the division. 15 Section 107. Section 509.512, Florida Statutes, is 16 amended to read: 17 509.512 Timeshare plan developer and exchange company 18 exemption.--Sections 509.501-509.511 do not apply to a 19 developer of a timeshare plan or an exchange company approved 20 by the Division of Florida Land Sales, Condominiums, 21 Timeshare, and Mobile Homes pursuant to chapter 721, but only 22 to the extent that the developer or exchange company engages 23 in conduct regulated under chapter 721. 24 Section 108. Subsection (1) of section 559.935, 25 Florida Statutes, is amended to read: 26 559.935 Exemptions.-- 27 (1) This part does not apply to: 28 (a) A bona fide employee of a seller of travel who is 29 engaged solely in the business of her or his employer; 30 (b) Any direct common carrier of passengers or 31 property regulated by an agency of the Federal Government or 152 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 employees of such carrier when engaged solely in the 2 transportation business of the carrier as identified in the 3 carrier's certificate; 4 (c) An intrastate common carrier of passengers or 5 property selling only transportation as defined in the 6 applicable state or local registration or certification, or 7 employees of such carrier when engaged solely in the 8 transportation business of the carrier; 9 (d) Hotels, motels, or other places of public 10 accommodation selling public accommodations, or employees of 11 such hotels, motels, or other places of public accommodation, 12 when engaged solely in making arrangements for lodging, 13 accommodations, or sightseeing tours within the state, or 14 taking reservations for the traveler with times, dates, 15 locations, and accommodations certain at the time the 16 reservations are made, provided that hotels and motels 17 registered with the Department of Business and Professional 18 Regulation pursuant to chapter 509 are excluded from the 19 provisions of this chapter; 20 (e) Persons involved solely in the rental, leasing, or 21 sale of residential property; 22 (f) Persons involved solely in the rental, leasing, or 23 sale of transportation vehicles; 24 (g) Persons who make travel arrangements for 25 themselves; for their employees or agents; for distributors, 26 franchisees, or dealers of the persons' products or services; 27 for entities which are financially related to the persons; or 28 for the employees or agents of the distributor, franchisee, or 29 dealer or financially related entity; 30 (h) A developer of a timeshare plan or an exchange 31 company approved by the Division of Florida Land Sales, 153 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 Condominiums, Timeshare, and Mobile Homes pursuant to chapter 2 721, but only to the extent that the developer or exchange 3 company engages in conduct regulated under chapter 721; or 4 (i) Persons or entities engaged solely in offering 5 diving services, including classes and sales or rentals of 6 equipment, when engaged in making any prearranged 7 travel-related or tourist-related services in conjunction with 8 a primarily dive-related event. 9 Section 109. Effective July 1, 2001, subsection (2) of 10 section 468.452, Florida Statutes, is amended to read: 11 468.452 Definitions.--For purposes of this part, the 12 term: 13 (2) "Athlete agent" means a person who, directly or 14 indirectly, recruits or solicits a student athlete to enter 15 into an agent contract, or who, for any type of financial 16 gain, procures, offers, promises, or attempts to obtain 17 employment or promotional fees or benefits for a student 18 athlete with a professional sports team or as a professional 19 athlete, or with any promoter who markets or attempts to 20 market the student athlete's athletic ability or athletic 21 reputation. This term includes all employees and other persons 22 acting on behalf of an athlete agent who participate in the 23 activities included under this subsection. The term does not 24 include a spouse, parent, sibling, grandparent, or guardian of 25 the student-athlete or an individual acting solely on behalf 26 of a professional sports team or professional sports 27 organization. 28 Section 110. Effective July 1, 2001, section 468.453, 29 Florida Statutes, is amended to read: 30 468.453 Licensure required; qualifications; 31 examination; bond; exception; license nontransferable.-- 154 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (1) Any person who practices as an athlete agent in 2 this state must be licensed pursuant to this part. 3 (2) A person shall be licensed as an athlete agent if 4 the applicant: 5 (a) Is at least 18 years of age. 6 (b) Is of good moral character. 7 (c) Passes an examination provided by the department 8 which tests the applicant's proficiency to practice as an 9 athlete agent, including, but not limited to, knowledge of the 10 laws and rules of this state relating to athlete agents, this 11 part, and chapter 455. 12 (c)(d) Has completed the application form and remitted 13 an application fee not to exceed $500, an examination fee not 14 to exceed the actual cost for the examination plus $500, an 15 active licensure fee not to exceed $2,000, and all other 16 applicable fees provided for in this part or in chapter 455. 17 (d)(e) Has submitted to the department a fingerprint 18 card for a criminal history records check. The fingerprint 19 card shall be forwarded to the Division of Criminal Justice 20 Information Systems within the Department of Law Enforcement 21 for purposes of processing the fingerprint card to determine 22 if the applicant has a criminal history record. The 23 fingerprint card shall also be forwarded to the Federal Bureau 24 of Investigation for purposes of processing the fingerprint 25 card to determine if the applicant has a criminal history 26 record. The information obtained by the processing of the 27 fingerprint card by the Florida Department of Law Enforcement 28 and the Federal Bureau of Investigation shall be sent to the 29 department for the purpose of determining if the applicant is 30 statutorily qualified for licensure. 31 (e)(f) Has not in any jurisdiction, within the 155 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 preceding 5 years, been convicted or found guilty of or 2 entered a plea of nolo contendere for, regardless of 3 adjudication, a crime which relates to the applicant's 4 practice or ability to practice as an athlete agent. 5 (g) Has posted with the department a $15,000 surety 6 bond issued by an insurance company authorized to do business 7 in this state. The bond shall be in favor of the State of 8 Florida, Department of Business and Professional Regulation, 9 for the use and benefit of any student athlete or college or 10 university within Florida who or which is injured or damaged, 11 including reasonable costs and attorney's fees, as a result of 12 acts or omissions by the athlete agent pursuant to a license 13 issued under this part. The bond shall be written in the form 14 determined by the department. The bond shall provide that the 15 athlete agent is responsible for the acts or omissions of any 16 representatives acting under the athlete agent's supervision 17 or authority. The bond shall be in effect for and cover all 18 times that the athlete agent has an active license and 19 conducts business pursuant to that license in this or any 20 other state. 21 (3) An unlicensed individual may act as an athlete 22 agent if: 23 (a) A student-athlete or person acting on the 24 athlete's behalf initiates communication with the individual; 25 and 26 (b) Within 7 days after an initial act as an athlete 27 agent, the individual submits an application for licensure. 28 Members of The Florida Bar are exempt from the state laws and 29 rules component, and the fee for such, of the examination 30 required by this section. 31 (4) A license issued to an athlete agent is not 156 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 transferable. 2 (5) By acting as an athlete agent in this state, a 3 nonresident individual appoints the department as the 4 individual's agent for service of process in any civil action 5 related to the individual's acting as an athlete agent. 6 (6) The department may issue a temporary license while 7 an application for licensure is pending. If the department 8 issues a notice of intent to deny the license application, the 9 initial temporary license expires and may not be extended 10 during any proceeding or administrative or judicial review. 11 Section 111. Effective July 1, 2001, section 468.454, 12 Florida Statutes, is amended to read: 13 468.454 Contracts.-- 14 (1) An agent contract must be in a record, signed, or 15 otherwise authenticated by the parties. 16 (2) An agent contract must state: 17 (a) The amount and method of calculating the 18 consideration to be paid by the student-athlete for services 19 to be provided by the athlete agent and any other 20 consideration the agent has received or will receive from any 21 other source under the contract; 22 (b) The name of any person not listed in the licensure 23 application who will be compensated because the 24 student-athlete signed the agent contract; 25 (c) A description of any expenses that the 26 student-athlete agrees to reimburse; 27 (d) A description of the services to be provided to 28 the student-athlete; 29 (e) The duration of the contract; and 30 (f) The date of execution. 31 (3) An agent contract must contain, in close proximity 157 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 to the signature of the student-athlete, a conspicuous notice 2 in boldface type in capital letters stating: 3 4 WARNING TO STUDENT-ATHLETE 5 6 IF YOU SIGN THE CONTRACT: 7 1. YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS 8 A STUDENT-ATHLETE IN YOUR SPORT; 9 2. IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 10 HOURS AFTER ENTERING INTO THE CONTRACT, YOU AND 11 YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC 12 DIRECTOR; AND 13 3. YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS 14 AFTER SIGNING IT. HOWEVER, CANCELLATION OF THIS 15 CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY. 16 17 (4) An agent contract that does not conform to this 18 section is voidable by the student-athlete. If a 19 student-athlete voids an agent contract, the student-athlete 20 is not required to pay any consideration or return any 21 consideration received from the athlete agent to induce the 22 student-athlete to enter into the contract. 23 (5) The athlete agent shall give a record of the 24 signed or authenticated agent contract to the student-athlete 25 at the time of execution. 26 (6) Within 72 hours after entering into an agent 27 contract or before the next scheduled athletic event in which 28 the student-athlete may participate, whichever occurs first, 29 the athlete agent must give notice in a record of the 30 existence of the contract to the athletic director of the 31 educational institution at which the student-athlete is 158 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 enrolled or the athlete agent has reasonable grounds to 2 believe the student-athlete intends to enroll. 3 (7) Within 72 hours after entering into an agent 4 contract or before the next athletic event in which the 5 student-athlete may participate, whichever occurs first, the 6 student-athlete must inform the athletic director of the 7 educational institution at which the student-athlete is 8 enrolled that he or she has entered into an agent contract. 9 (8) A student-athlete may cancel an agent contract by 10 giving notice of the cancellation to the athlete agent in a 11 record within 14 days after the contract is signed. 12 (9) A student-athlete may not waive the right to 13 cancel an agent contract. 14 (10) If a student-athlete cancels an agent contract, 15 the student-athlete is not required to pay any consideration 16 or return any consideration received from the athlete agent to 17 induce the student-athlete to enter into the contract. 18 (1) An athlete agent and a student athlete who enter 19 into an agent contract must provide written notice of the 20 contract to the athletic director or the president of the 21 college or university in which the student athlete is 22 enrolled. The athlete agent and the student must give the 23 notice before the contracting student athlete practices or 24 participates in any intercollegiate athletic event or within 25 72 hours after entering into said contract, whichever comes 26 first. Failure of the athlete agent to provide this 27 notification is a felony of the third degree, punishable as 28 provided in ss. 775.082, 775.083, 775.084, 775.089, and 29 775.091. 30 (2) A written contract between a student athlete and 31 an athlete agent must state the fees and percentages to be 159 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 paid by the student athlete to the agent and must have a 2 notice printed near the student athlete's signature containing 3 the following statement in 10-point boldfaced type: 4 "WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS 5 CONTRACT, YOU WILL LIKELY IMMEDIATELY LOSE YOUR ELIGIBILITY TO 6 COMPETE IN INTERCOLLEGIATE ATHLETICS. TO AVOID CRIMINAL 7 PROSECUTION YOU MUST GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED 8 INTO THIS CONTRACT TO THE ATHLETIC DIRECTOR OR PRESIDENT OF 9 YOUR COLLEGE OR UNIVERSITY WITHIN 72 HOURS AFTER ENTERING INTO 10 THIS CONTRACT OR PRIOR TO PARTICIPATING IN INTERCOLLEGIATE 11 ATHLETICS, WHICHEVER COMES FIRST. FAILURE TO PROVIDE THIS 12 NOTICE IS A CRIMINAL OFFENSE. DO NOT SIGN THIS CONTRACT UNTIL 13 YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY 14 CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT IN WRITING 15 OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE 16 DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS 17 CONTRACT, THE INTERCOLLEGIATE ATHLETIC ASSOCIATION OR 18 CONFERENCE TO WHICH YOUR COLLEGE OR UNIVERSITY BELONGS MAY NOT 19 RESTORE YOUR ELIGIBILITY TO PARTICIPATE IN INTERCOLLEGIATE 20 ATHLETICS." 21 (3) An agent contract which does not meet the 22 requirements of this section is void and unenforceable. 23 (4) Within 15 days after the date the athletic 24 director or president of the college or university of the 25 student athlete receives the notice required by this section 26 that a student athlete has entered into an athlete agent 27 contract, the student athlete shall have the right to rescind 28 the contract with the athlete agent by giving written notice 29 to the athlete agent of the student athlete's rescission of 30 the contract. The student athlete may not under any 31 circumstances waive the student athlete's right to rescind the 160 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 agent contract. 2 (5) A postdated agent contract is void and 3 unenforceable. 4 (11)(6) An athlete agent shall not enter into an agent 5 contract that purports to or takes effect at a future time 6 after the student athlete no longer has remaining eligibility 7 to participate in intercollegiate athletics. Such a contract 8 is void and unenforceable. 9 (12)(7) An agent contract between a student athlete 10 and a person not licensed under this part is void and 11 unenforceable. 12 Section 112. Effective July 1, 2001, subsection (3) of 13 section 468.456, Florida Statutes, is amended to read: 14 468.456 Prohibited acts.-- 15 (3) When the department finds any person guilty of any 16 of the prohibited acts set forth in subsection (1), the 17 department may enter an order imposing one or more of the 18 penalties provided for in s. 455.227, and an administrative 19 fine not to exceed $25,000 for each separate offense. In 20 addition to any other penalties or disciplinary actions 21 provided for in this part, the department shall suspend or 22 revoke the license of any athlete agent licensed under this 23 part who violates paragraph (1)(f) or paragraph (1)(o) or s. 24 468.45615. 25 Section 113. Effective July 1, 2001, subsection (4) is 26 added to section 468.45615, Florida Statutes, to read: 27 468.45615 Provision of illegal inducements to athletes 28 prohibited; penalties; license suspension.-- 29 (4)(a) An athlete agent, with the intent to induce a 30 student-athlete to enter into an agent contract, may not: 31 1. Give any materially false or misleading information 161 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 or make a materially false promise or representation; 2 2. Furnish anything of value to a student-athlete 3 before the student-athlete enters into the agent contract; or 4 3. Furnish anything of value to any individual other 5 than the student-athlete or another athlete agent. 6 (b) An athlete agent may not intentionally: 7 1. Initiate contact with a student-athlete unless 8 licensed under this part; 9 2. Refuse or fail to retain or permit inspection of 10 the records required to be retained by s. 468.4565; 11 3. Provide materially false or misleading information 12 in an application for licensure; 13 4. Predate or postdate an agent contract; 14 5. Fail to give notice of the existence of an agent 15 contract as required by s. 468.454(6); or 16 6. Fail to notify a student-athlete before the 17 student-athlete signs or otherwise authenticates an agent 18 contract for a sport that the signing or authentication may 19 make the student-athlete ineligible to participate as a 20 student-athlete in that sport. 21 (c) An athlete agent who violates this subsection 22 commits a felony of the second degree, punishable as provided 23 in s. 775.082, s. 775.083, or s. 775.084. 24 Section 114. Effective July 1, 2001, section 468.4562, 25 Florida Statutes, is amended to read: 26 468.4562 Civil action by institution.-- 27 (1) A college or university may sue for damages, as 28 provided by this section, any person who violates this part. 29 A college or university may seek equitable relief to prevent 30 or minimize harm arising from acts or omissions which are or 31 would be a violation of this part. 162 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (2) For purposes of this section, a college or 2 university is damaged if, because of activities of the person, 3 the college or university is penalized, or is disqualified, or 4 suspended from participation in intercollegiate athletics by a 5 national association for the promotion and regulation of 6 intercollegiate athletics, or by an intercollegiate athletic 7 conference or by reasonable self-imposed disciplinary action 8 taken to mitigate sanctions likely to be imposed by such 9 organization and, because of that penalty, disqualification, 10 or suspension, or action the institution: 11 (a) Loses revenue from media coverage of a sports 12 contest; 13 (b) Loses the right to grant an athletic scholarship; 14 (c) Loses the right to recruit an athlete; 15 (d) Is prohibited from participating in postseason 16 athletic competition; 17 (e) Forfeits an athletic contest; or 18 (f) Otherwise suffers an adverse financial impact. 19 (3) An institution that prevails in a suit brought 20 under this section may recover: 21 (a) Actual damages; 22 (b) Punitive damages; 23 (c) Treble damages; 24 (d) Court costs; and 25 (e) Reasonable attorney's fees. 26 (4) A right of action under this section does not 27 accrue until the educational institution discovers or by the 28 exercise of reasonable diligence would have discovered the 29 violation by the athlete agent or former student-athlete. 30 (5) Any liability of the athlete agent or the former 31 student-athlete under this section is several and not joint. 163 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (6) This part does not restrict rights, remedies, or 2 defenses of any person under law or equity. 3 Section 115. Effective July 1, 2001, subsection (1) of 4 section 468.4565, Florida Statutes, is amended to read: 5 468.4565 Business records requirement.-- 6 (1) An athlete agent who holds an active license and 7 engages in business as an athlete agent shall establish and 8 maintain complete financial and business records. The athlete 9 agent shall save each entry into a financial or business 10 record for at least 5 4 years from the date of entry. These 11 records must include, but shall not be limited to: 12 (a) The name and address of each individual 13 represented by the athlete agent; 14 (b) Any agent contract entered into by the athlete 15 agent; and 16 (c) Any direct costs incurred by the athlete agent in 17 the recruitment or solicitation of a student-athlete to enter 18 into an agent contract. 19 Section 116. Effective July 1, 2001, sections 468.4563 20 and 468.4564, Florida Statutes, are repealed. 21 Section 117. Section 702.09, Florida Statutes, is 22 amended to read: 23 702.09 Definitions.--For the purposes of ss. 702.07 24 and 702.08 the words "decree of foreclosure" shall include a 25 judgment or order rendered or passed in the foreclosure 26 proceedings in which the decree of foreclosure shall be 27 rescinded, vacated, and set aside; the word "mortgage" shall 28 mean any written instrument securing the payment of money or 29 advances and shall include liens to secure payment of 30 assessments arising under chapters 718, 719, and 720; the word 31 "debt" shall include promissory notes, bonds, and all other 164 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 written obligations given for the payment of money; the words 2 "foreclosure proceedings" shall embrace every action in the 3 circuit or county courts of this state wherein it is sought to 4 foreclose a mortgage and sell the property covered by the 5 same; and the word "property" shall mean and include both real 6 and personal property. 7 Section 118. Paragraph (h) of subsection (4) and 8 subsection (5) of section 718.104, Florida Statutes, are 9 amended to read: 10 718.104 Creation of condominiums; contents of 11 declaration.--Every condominium created in this state shall be 12 created pursuant to this chapter. 13 (4) The declaration must contain or provide for the 14 following matters: 15 (h) If a developer reserves the right, in a 16 declaration recorded on or after July 1, 2000, to create a 17 multicondominium, the declaration must state, or provide a 18 specific formula for determining, the fractional or percentage 19 shares of liability for the common expenses of the association 20 and of ownership of the common surplus of the association to 21 be allocated to the units in each condominium to be operated 22 by the association. If a the declaration recorded on or after 23 July 1, 2000, for a condominium operated by a multicondominium 24 association, as originally recorded, fails to so provide, the 25 share of liability for the common expenses of the association 26 and of ownership of the common surplus of the association 27 allocated to each unit in each condominium operated by the 28 association shall be a fraction of the whole, the numerator of 29 which is the number "one" and the denominator of which is the 30 total number of units in all condominiums operated by the 31 association. 165 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (5) The declaration as originally recorded, or as 2 amended pursuant to the procedures provided therein, may 3 include covenants and restrictions concerning the use, 4 occupancy, and transfer of the units permitted by law with 5 reference to real property. With the exception of amendments 6 that materially modify unit appurtenances as provided in s. 7 718.110(4), amendments may be applied to owners of units 8 existing as of the effective date of the amendment. This 9 section is intended to clarify existing law and applies to 10 associations existing on the effective date of this act. 11 However, the rule against perpetuities shall not defeat a 12 right given any person or entity by the declaration for the 13 purpose of allowing unit owners to retain reasonable control 14 over the use, occupancy, and transfer of units. 15 Section 119. Paragraph (b) of subsection (2) of 16 section 718.106, Florida Statutes, is amended to read: 17 718.106 Condominium parcels; appurtenances; possession 18 and enjoyment.-- 19 (2) There shall pass with a unit, as appurtenances 20 thereto: 21 (b) The exclusive right to use such portion of the 22 common elements as may be provided by the declaration, 23 including the right to transfer such right to other units or 24 unit owners to the extent authorized by the declaration as 25 originally recorded, or amendments to the declaration adopted 26 pursuant to the provisions contained therein under s. 27 718.110(2). Amendments to declarations of condominium 28 providing for the transfer of use rights with respect to 29 limited common elements are not amendments which materially 30 modify unit appurtenances as described in s. 718.110(4). 31 However, in order to be effective, the transfer of use rights 166 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 with respect to limited common elements must be effectuated in 2 conformity with the procedures set forth in the declaration as 3 originally recorded or as amended. Further, such transfers 4 must be evidenced by a written instrument which must be 5 executed with the formalities of a deed and recorded in the 6 land records of the county in which the condominium is located 7 in order to be effective. Such instrument of transfer must 8 also specify the legal description of the unit which is 9 transferring use rights, as well as the legal description of 10 the unit obtaining the transfer of such rights. This section 11 is intended to clarify existing law and applies to 12 associations existing on the effective date of this act. 13 Section 120. Subsection (4) of section 718.110, 14 Florida Statutes, is amended to read: 15 718.110 Amendment of declaration; correction of error 16 or omission in declaration by circuit court.-- 17 (4) Unless otherwise provided in the declaration as 18 originally recorded, no amendment may change the configuration 19 or size of any unit in any material fashion, materially alter 20 or modify the appurtenances to the unit, or change the 21 proportion or percentage by which the unit owner shares the 22 common expenses of the condominium and owns the common surplus 23 of the condominium unless the record owner of the unit and all 24 record owners of liens on the unit join in the execution of 25 the amendment and unless all the record owners of all other 26 units in the same condominium approve the amendment. The 27 acquisition of property by the association, and material 28 alterations or substantial additions to such property or the 29 common elements by the association in accordance with s. 30 718.111(7) or s. 718.113, amendments providing for the 31 transfer of use rights in limited common elements pursuant to 167 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 s. 718.106(2)(b), and amendments restricting or modifying the 2 right to lease condominium units shall not be deemed to 3 constitute a material alteration or modification of the 4 appurtenances to the units. With the exception of amendments 5 that materially modify unit appurtenances as provided in this 6 section, amendments may be applied to owners of units existing 7 as of the effective date of the amendment. This section is 8 intended to clarify existing law and applies to associations 9 existing on the effective date of this act. A declaration 10 recorded after April 1, 1992, may not require the approval of 11 less than a majority of total voting interests of the 12 condominium for amendments under this subsection, unless 13 otherwise required by a governmental entity. 14 Section 121. Subsection (4), paragraph (a) of 15 subsection (7), and subsection (13) of section 718.111, 16 Florida Statutes, are amended to read: 17 718.111 The association.-- 18 (4) ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS.--The 19 association has the power to make and collect assessments and 20 to lease, maintain, repair, and replace the common elements or 21 association property; however, the association may not charge 22 a use fee against a unit owner for the use of common elements 23 or association property unless otherwise provided for in the 24 declaration of condominium or by a majority vote of the 25 association or unless the charges relate to expenses incurred 26 by an owner having exclusive use of the common elements or 27 association property. 28 (7) TITLE TO PROPERTY.-- 29 (a) The association has the power to acquire title to 30 property or otherwise hold, convey, lease, and mortgage 31 association property for the use and benefit of its members. 168 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 The power to acquire personal property shall be exercised by 2 the board of administration. Except as otherwise permitted in 3 subsections (8) and (9) and in s. 718.114, no association may 4 acquire, convey, lease, or mortgage association real property 5 except in the manner provided in the declaration, and if the 6 declaration does not specify the procedure, then approval of 7 75 percent of the total voting interests shall be required. 8 (13) FINANCIAL REPORTING.--Within 90 days after the 9 end of the fiscal year, or annually on a date provided in the 10 bylaws, the association shall prepare and complete, or 11 contract for the preparation and completion of cause to be 12 prepared and completed by a third party, a financial report 13 for the preceding fiscal year. Within 21 days after the final 14 financial report is completed by the association or received 15 by the association from the third party, but in no event later 16 than 120 days after the end of the fiscal year, or such other 17 date as is provided in the bylaws, the association shall mail 18 to each unit owner at the address last furnished to the 19 association by the unit owner, or hand deliver to each unit 20 owner, a copy of the financial report or a notice that a copy 21 of the financial report will be mailed or hand delivered to 22 the unit owner, without charge, upon receipt of a written 23 request from the unit owner. The division shall adopt rules 24 setting forth uniform accounting principles and standards to 25 be used by all associations and shall adopt rules addressing 26 financial reporting requirements for multicondominium 27 associations. In adopting such rules, the division shall 28 consider the number of members and annual revenues of an 29 association. Financial reports shall be prepared as follows: 30 (a) An association that meets the criteria of this 31 paragraph shall prepare or cause to be prepared a complete set 169 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 of financial statements in accordance with generally accepted 2 accounting principles. The financial statements shall be 3 based upon the association's total annual revenues, as 4 follows: 5 1. An association with total annual revenues of 6 $100,000 or more, but less than $200,000, shall prepare 7 compiled financial statements. 8 2. An association with total annual revenues of at 9 least $200,000, but less than $400,000, shall prepare reviewed 10 financial statements. 11 3. An association with total annual revenues of 12 $400,000 or more shall prepare audited financial statements. 13 (b)1. An association with total annual revenues of 14 less than $100,000 shall prepare a report of cash receipts and 15 expenditures. 16 2. An association which operates less than 50 units, 17 regardless of the association's annual revenues, shall prepare 18 a report of cash receipts and expenditures in lieu of 19 financial statements required by paragraph (a). 20 3. A report of cash receipts and disbursements must 21 disclose the amount of receipts by accounts and receipt 22 classifications and the amount of expenses by accounts and 23 expense classifications, including, but not limited to, the 24 following, as applicable: costs for security, professional and 25 management fees and expenses, taxes, costs for recreation 26 facilities, expenses for refuse collection and utility 27 services, expenses for lawn care, costs for building 28 maintenance and repair, insurance costs, administration and 29 salary expenses, and reserves accumulated and expended for 30 capital expenditures, deferred maintenance, and any other 31 category for which the association maintains reserves. 170 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 (c) An association may prepare or cause to be 2 prepared, without a meeting of or approval by the unit owners: 3 1. Compiled, reviewed, or audited financial 4 statements, if the association is required to prepare a report 5 of cash receipts and expenditures; 6 2. Reviewed or audited financial statements, if the 7 association is required to prepare compiled financial 8 statements; or 9 3. Audited financial statements if the association is 10 required to prepare reviewed financial statements. 11 (d) If approved by a majority of the voting interests 12 present at a properly called meeting of the association, an 13 association may prepare or cause to be prepared: 14 1. A report of cash receipts and expenditures in lieu 15 of a compiled, reviewed, or audited financial statement; 16 2. A report of cash receipts and expenditures or a 17 compiled financial statement in lieu of a reviewed or audited 18 financial statement; or 19 3. A report of cash receipts and expenditures, a 20 compiled financial statement, or a reviewed financial 21 statement in lieu of an audited financial statement. 22 23 Such meeting and approval must occur prior to the end of the 24 fiscal year and is effective only for the fiscal year in which 25 the vote is taken. With respect to an association to which the 26 developer has not turned over control of the association, all 27 unit owners, including the developer, may vote on issues 28 related to the preparation of financial reports for the first 29 2 fiscal years of the association's operation, beginning with 30 the fiscal year in which the declaration is recorded. 31 Thereafter, all unit owners except the developer may vote on 171 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 such issues until control is turned over to the association by 2 the developer. 3 Section 122. Subsection (3) of section 718.112, 4 Florida Statutes, is amended to read: 5 718.112 Bylaws.-- 6 (3) OPTIONAL PROVISIONS.--The bylaws as originally 7 recorded, or as amended pursuant to the procedure provided 8 therein, may provide for the following: 9 (a) A method of adopting and amending administrative 10 rules and regulations governing the details of the operation 11 and use of the common elements. 12 (b) Restrictions on and requirements for the use, 13 maintenance, and appearance of the units and the use of the 14 common elements. 15 (c) Other provisions which are not inconsistent with 16 this chapter or with the declaration, as may be desired. This 17 subsection is intended to clarify existing law and applies to 18 associations existing on the effective date of this act. 19 Section 123. Subsection (2) of section 718.113, 20 Florida Statutes, is amended to read: 21 718.113 Maintenance; limitation upon improvement; 22 display of flag; hurricane shutters.-- 23 (2)(a) Except as otherwise provided in this section, 24 there shall be no material alteration or substantial additions 25 to the common elements or to real property which is 26 association property, except in a manner provided in the 27 declaration as originally recorded or as amended pursuant to 28 the procedures provided therein. If the declaration as 29 originally recorded or amended does not specify the procedure 30 for approval of material alterations or substantial additions, 31 75 percent of the total voting interests of the association 172 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 must approve the alterations or additions. This paragraph is 2 intended to clarify existing law and applies to associations 3 existing on the effective date of this act. 4 (b) There shall not be any material alteration of, or 5 substantial addition to, the common elements of any 6 condominium operated by a multicondominium association unless 7 approved in the manner provided in the declaration of the 8 affected condominium or condominiums as originally recorded, 9 or as amended pursuant to the procedures provided therein. If 10 a declaration as originally recorded or amended does not 11 specify a procedure for approving such an alteration or 12 addition, the approval of 75 percent of the total voting 13 interests of each affected condominium is required. This 14 subsection does not prohibit a provision in any declaration, 15 articles of incorporation, or bylaws as originally recorded or 16 amended requiring the approval of unit owners in any 17 condominium operated by the same association or requiring 18 board approval before a material alteration or substantial 19 addition to the common elements is permitted. This paragraph 20 is intended to clarify existing law and applies to 21 associations existing on the effective date of this act. 22 (c) There shall not be any material alteration or 23 substantial addition made to association real property 24 operated by a multicondominium association, except as provided 25 in the declaration, articles of incorporation, or bylaws as 26 said documents are originally recorded or amended pursuant to 27 the procedures provided therein. If the declaration, articles 28 of incorporation, or bylaws do not specify the procedure for 29 approving an alteration or addition to association real 30 property, the approval of 75 percent of the total voting 31 interests of the association is required. This paragraph is 173 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 intended to clarify existing law and applies to associations 2 existing on the effective date of this act. 3 Section 124. Paragraphs (b) and (c) of subsection (1) 4 of section 718.115, Florida Statutes, are amended to read: 5 718.115 Common expenses and common surplus.-- 6 (1) 7 (b) The common expenses of a condominium within a 8 multicondominium are the common expenses directly attributable 9 to the operation of that condominium. The common expenses of a 10 multicondominium association do not include the common 11 expenses directly attributable to the operation of any 12 specific condominium or condominiums within the 13 multicondominium. This paragraph is intended to clarify 14 existing law and applies to associations existing on the 15 effective date of this act. 16 (c) The common expenses of a multicondominium 17 association may include categories of expenses related to the 18 property or common elements within a specific condominium in 19 the multicondominium if such property or common elements are 20 areas in which all members of the multicondominium association 21 have use rights or from which all members receive tangible 22 economic benefits. Such common expenses of the association 23 shall be identified in the declaration or bylaws of each 24 condominium within the multicondominium association. This 25 paragraph is intended to clarify existing law and applies to 26 associations existing on the effective date of this act. 27 Section 125. Subsections (1) and (4) of section 28 718.405, Florida Statutes, are amended to read: 29 718.405 Multicondominiums; multicondominium 30 associations.-- 31 (1) An association may operate more than one 174 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 condominium. For multicondominiums created on or after July 1, 2 2000, if the declaration for each condominium to be operated 3 by that association shall provide provides for participation 4 in a multicondominium, in conformity with this section, and 5 disclose discloses or describe describes: 6 (a) The manner or formula by which the assets, 7 liabilities, common surplus, and common expenses of the 8 association will be apportioned among the units within the 9 condominiums operated by the association, in accordance with 10 s. 718.104(4)(g) or (h), as applicable. 11 (b) Whether unit owners in any other condominium, or 12 any other persons, will or may have the right to use 13 recreational areas or any other facilities or amenities that 14 are common elements of the condominium, and, if so, the 15 specific formula by which the other users will share the 16 common expenses related to those facilities or amenities. 17 (c) Recreational and other commonly used facilities or 18 amenities which the developer has committed to provide that 19 will be owned, leased by, or dedicated by a recorded plat to 20 the association but which are not included within any 21 condominium operated by the association. The developer may 22 reserve the right to add additional facilities or amenities if 23 the declaration and prospectus for each condominium to be 24 operated by the association contains the following statement 25 in conspicuous type and in substantially the following form: 26 RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT 27 CONSENT OF UNIT OWNERS OR THE ASSOCIATION. 28 (d) The voting rights of the unit owners in the 29 election of directors and in other multicondominium 30 association affairs when a vote of the owners is taken, 31 including, but not limited to, a statement as to whether each 175 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 unit owner will have a right to personally cast his or her own 2 vote in all matters voted upon. 3 (4) This section does not prevent or restrict the 4 formation of a multicondominium by the merger or consolidation 5 of two or more condominium associations. Mergers or 6 consolidations of associations shall be accomplished in 7 accordance with this chapter, the declarations of the 8 condominiums being merged or consolidated, and chapter 617. 9 Section 718.110(4) does not apply to amendments to 10 declarations necessary to effect a merger or consolidation. 11 This section is intended to clarify existing law and applies 12 to associations existing on the effective date of this act. 13 Section 126. Subsection (2) of section 718.503, 14 Florida Statutes, is amended to read: 15 718.503 Developer disclosure prior to sale; 16 nondeveloper unit owner disclosure prior to sale; 17 voidability.-- 18 (2) NONDEVELOPER DISCLOSURE.-- 19 (a) Each unit owner who is not a developer as defined 20 by this chapter shall comply with the provisions of this 21 subsection prior to the sale of his or her unit. Each 22 prospective purchaser who has entered into a contract for the 23 purchase of a condominium unit is entitled, at the seller's 24 expense, to a current copy of the declaration of condominium, 25 articles of incorporation of the association, bylaws, and 26 rules of the association, as well as a copy of the question 27 and answer sheet provided for by s. 718.504 and a copy of the 28 financial information required by s. 718.111. 29 (b) If a person licensed under part I of chapter 475 30 provides to or otherwise obtains for a prospective purchaser 31 the documents described in this subsection, the person is not 176 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 liable for any error or inaccuracy contained in the documents. 2 (c) Each contract entered into after July 1, 1992, for 3 the resale of a residential unit shall contain in conspicuous 4 type either: 5 1. A clause which states: THE BUYER HEREBY 6 ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF 7 THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF 8 THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, AND A COPY 9 OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE 10 QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING 11 SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF 12 THIS CONTRACT; or 13 2. A clause which states: THIS AGREEMENT IS VOIDABLE 14 BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION 15 TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND 16 LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT 17 BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE 18 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS, 19 AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT 20 YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET 21 IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE 22 VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND 23 THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, 24 EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE 25 BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, 26 BYLAWS, AND RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED 27 IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 28 TERMINATE AT CLOSING. 29 30 A contract that does not conform to the requirements of this 31 paragraph is voidable at the option of the purchaser prior to 177 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 closing. 2 Section 127. Subsection (15) of section 718.504, 3 Florida Statutes, is amended to read: 4 718.504 Prospectus or offering circular.--Every 5 developer of a residential condominium which contains more 6 than 20 residential units, or which is part of a group of 7 residential condominiums which will be served by property to 8 be used in common by unit owners of more than 20 residential 9 units, shall prepare a prospectus or offering circular and 10 file it with the Division of Florida Land Sales, Condominiums, 11 and Mobile Homes prior to entering into an enforceable 12 contract of purchase and sale of any unit or lease of a unit 13 for more than 5 years and shall furnish a copy of the 14 prospectus or offering circular to each buyer. In addition to 15 the prospectus or offering circular, each buyer shall be 16 furnished a separate page entitled "Frequently Asked Questions 17 and Answers," which shall be in accordance with a format 18 approved by the division and a copy of the financial 19 information required by s. 718.111. This page shall, in 20 readable language, inform prospective purchasers regarding 21 their voting rights and unit use restrictions, including 22 restrictions on the leasing of a unit; shall indicate whether 23 and in what amount the unit owners or the association is 24 obligated to pay rent or land use fees for recreational or 25 other commonly used facilities; shall contain a statement 26 identifying that amount of assessment which, pursuant to the 27 budget, would be levied upon each unit type, exclusive of any 28 special assessments, and which shall further identify the 29 basis upon which assessments are levied, whether monthly, 30 quarterly, or otherwise; shall state and identify any court 31 cases in which the association is currently a party of record 178 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 in which the association may face liability in excess of 2 $100,000; and which shall further state whether membership in 3 a recreational facilities association is mandatory, and if so, 4 shall identify the fees currently charged per unit type. The 5 division shall by rule require such other disclosure as in its 6 judgment will assist prospective purchasers. The prospectus or 7 offering circular may include more than one condominium, 8 although not all such units are being offered for sale as of 9 the date of the prospectus or offering circular. The 10 prospectus or offering circular must contain the following 11 information: 12 (15) If a the condominium created on or after July 1, 13 2000, is or may become part of a multicondominium, the 14 following information must be provided: 15 (a) A statement in conspicuous type in substantially 16 the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A 17 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL 18 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately 19 following this statement, the location in the prospectus or 20 offering circular and its exhibits where the multicondominium 21 aspects of the offering are described must be stated. 22 (b) A summary of the provisions in the declaration, 23 articles of incorporation, and bylaws which establish and 24 provide for the operation of the multicondominium, including a 25 statement as to whether unit owners in the condominium will 26 have the right to use recreational or other facilities located 27 or planned to be located in other condominiums operated by the 28 same association, and the manner of sharing the common 29 expenses related to such facilities. 30 (c) A statement of the minimum and maximum number of 31 condominiums, and the minimum and maximum number of units in 179 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 each of those condominiums, which will or may be operated by 2 the association, and the latest date by which the exact number 3 will be finally determined. 4 (d) A statement as to whether any of the condominiums 5 in the multicondominium may include units intended to be used 6 for nonresidential purposes and the purpose or purposes 7 permitted for such use. 8 (e) A general description of the location and 9 approximate acreage of any land on which any additional 10 condominiums to be operated by the association may be located. 11 Section 128. Except as otherwise expressly provided in 12 this act, this act shall take effect October 1, 2001. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 On page 1, line 2 through page 6, line 2, 18 remove from the title of the bill: all of said lines 19 20 and insert in lieu thereof: 21 An act relating to the Department of Business 22 and Professional Regulation; amending s. 23 20.165, F.S.; renaming the Division of Florida 24 Land Sales, Condominiums, and Mobile Homes as 25 the Division of Condominiums, Timeshare, and 26 Mobile Homes; including reference to the Board 27 of Barbering and Cosmetology; revising minimum 28 requirements for the number of consumer members 29 on professional licensing boards; repealing 30 provisions relating to the transfer of board 31 locations; amending ss. 326.001, 326.002, 180 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 326.003, 326.004, 326.006, F.S.; transferring 2 the regulation of yacht and ship brokers and 3 salespersons from the Division of Florida Land 4 Sales, Condominiums, and Mobile Homes to the 5 Division of Professions; revising provisions 6 relating to criminal history checks and 7 administrative and civil penalties; requiring 8 that all funds collected pursuant to such 9 regulation be deposited into the Professional 10 Regulation Trust Fund; revising references; 11 amending s. 399.061, F.S.; revising provisions 12 relating to the inspection of elevators; 13 amending s. 455.213, F.S.; providing for the 14 content of licensure and renewal documents; 15 providing for the electronic submission of 16 information to the department; providing that 17 all legal obligations must be met before the 18 issuance or renewal of a license; amending s. 19 455.224, F.S.; authorizing any division of the 20 department to issue citations in the 21 enforcement of its regulatory provisions in 22 accordance with the provisions established for 23 such purposes for the regulation of 24 professions; amending ss. 468.401, 468.402, 25 468.403, 468.404, 468.406, 468.407, 468.410, 26 468.412, 468.413, 468.414, 468.415, F.S.; 27 providing for registration of talent agencies 28 in lieu of licensure; conforming provisions; 29 providing penalties; repealing ss. 468.405 and 30 468.408, F.S., relating to qualification for 31 talent agency license and bonding requirements; 181 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 amending s. 468.609, F.S.; authorizing direct 2 supervision by building code administrators by 3 telecommunications devices in certain 4 localities and under specified circumstances; 5 amending s. 468.627, F.S.; requiring the 6 payment of costs for certain building code 7 enforcement applicants who fail to appear for 8 scheduled examinations, subject to waiver in 9 case of hardship; amending s. 471.025, F.S.; 10 allowing for more than one type of seal to be 11 used by professional engineers; amending s. 12 472.003, F.S.; providing exemption from ch. 13 472, F.S., relating to land surveying and 14 mapping, for certain subordinate employees; 15 revising cross-references; amending s. 472.005, 16 F.S.; revising and providing definitions; 17 revising cross-references; amending s. 472.029, 18 F.S.; revising provisions relating to access to 19 lands of others for surveying or mapping 20 purposes; providing applicability to 21 subordinates; requiring certain notice; 22 amending s. 810.12, F.S.; revising provisions 23 relating to trespass, to conform; amending ss. 24 472.001, 472.011, 472.015, 472.021, 472.027, 25 472.031, 472.037, F.S.; revising 26 cross-references; amending s. 476.034, F.S.; 27 redefining the term "board"; amending s. 28 476.054, F.S.; creating the Board of Barbering 29 and Cosmetology; providing certain 30 compensation; requiring an oath and providing 31 for a certificate of appointment; providing for 182 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 officers, meetings, and quorum; amending s. 2 476.064, F.S.; conforming provisions; amending 3 ss. 476.014, 476.074, 476.154, 476.194, 4 476.214, 476.234, F.S.; revising references; 5 amending s. 477.013, F.S.; defining the term 6 "board"; repealing s. 477.015, F.S., relating 7 to the Board of Cosmetology; abolishing the 8 Barbers' Board and the Board of Cosmetology; 9 providing for appointment of all members of the 10 Board of Barbering and Cosmetology to staggered 11 terms; providing savings clauses for rules and 12 legal actions; amending s. 477.019, F.S.; 13 revising requirements related to continuing 14 education providers and courses; eliminating a 15 requirement for refresher courses and 16 examinations for failure of cosmetology 17 licensees to comply with continuing education 18 requirements; amending s. 477.026, F.S.; 19 providing authority for registration renewal 20 and delinquent fees for hair braiders, hair 21 wrappers, and body wrappers; amending s. 22 481.209, F.S.; revising requirements relating 23 to education for licensure as an architect; 24 amending s. 481.223, F.S.; providing for 25 injunctive relief for certain violations 26 relating to architecture and interior design; 27 amending s. 489.107, F.S.; reducing the number 28 of members on the Construction Industry 29 Licensing Board; creating s. 489.1133, F.S.; 30 providing for temporary certificates and 31 registrations; amending s. 489.115, F.S.; 183 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 eliminating references to divisions of the 2 Construction Industry Licensing Board; amending 3 s. 489.118, F.S.; revising grandfathering 4 provisions for certification of registered 5 contractors to qualify persons holding certain 6 registered local specialty licenses; amending 7 s. 489.13, F.S., to clarify the application of 8 certain provisions relating to specialty 9 licenses; repealing s. 489.507(6), F.S., to 10 delete a duplicate provision relating to 11 appointment of committees of the Construction 12 Industry Licensing Board and the Electrical 13 Contractors' Licensing Board for the purpose of 14 meeting jointly twice each year; requiring the 15 Electrical Contractors' Licensing Board to 16 develop a plan to reduce its annual operating 17 budget by a specified amount and submit such 18 plan to the department by a specified date; 19 amending s. 489.511, F.S.; revising provisions 20 relating to licensure as an electrical or alarm 21 system contractor by endorsement; amending ss. 22 498.005, 498.019, 498.049, F.S.; reassigning 23 the regulation of land sales from the Division 24 of Florida Land Sales, Condominiums, and Mobile 25 Homes to the Division of Real Estate; requiring 26 all funds collected by the department pursuant 27 to the regulation of land sales to be deposited 28 in the Professional Regulation Trust Fund; 29 amending s. 190.009, F.S.; conforming 30 terminology; amending ss. 718.103, 718.105, 31 718.112, 718.1255, 718.501, 718.502, 718.504, 184 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 718.508, 718.509, 718.608, 719.103, 719.1255, 2 719.501, 719.502, 719.504, 719.508, 719.608, 3 721.05, 721.07, 721.08, 721.26, 721.28, 4 721.301, 721.50, 721.82, 721.84, 723.003, 5 723.006, 723.0065, 723.009, F.S.; renaming the 6 Division of Florida Land Sales, Condominiums, 7 and Mobile Homes as the Division of 8 Condominiums, Timeshare, and Mobile Homes; 9 renaming the Division of Florida Land Sales, 10 Condominiums, and Mobile Homes Trust Fund as 11 the Division of Condominiums, Timeshare, and 12 Mobile Homes Trust Fund; conforming provisions; 13 revising language with respect to condominium 14 association bylaws; revising language with 15 respect to the annual budget; providing for 16 reserves under certain circumstances; providing 17 and limiting arbitration of disputes by the 18 division to those regarding elections and the 19 recall of board members; deleting reference to 20 voluntary mediation; providing for the 21 resolution of certain other complaints at the 22 local level; providing exemptions; providing 23 for expedited handling of election disputes; 24 requiring the continuation of arbitration of 25 cases filed by a certain date; providing a 26 contingent appropriation; providing division 27 enforcement powers and duties; providing for 28 injunction, restitution, and civil penalties; 29 providing certain immunity; providing for use 30 of certain documents as evidence; providing for 31 certain notice; providing for intervention in 185 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 suits; locating the executive offices of the 2 division in Tallahassee; authorizing branch 3 offices; providing for adoption and use of a 4 seal; providing applicability to specified 5 chapters of the Florida Statutes; amending s. 6 721.82, F.S.; redefining the term "registered 7 agent"; amending s. 721.84, F.S.; providing for 8 appointment of a successor registered agent; 9 amending ss. 73.073, 192.037, 213.053, 215.20, 10 380.0651, 455.116, 475.455, 509.512, 559.935, 11 F.S.; conforming terminology; amending s. 12 468.452, F.S.; revising definitions; amending 13 s. 468.453, F.S.; revising licensure 14 requirements; providing for service of process 15 on nonresident agents; providing for temporary 16 licenses; deleting a bond requirement; amending 17 s. 468.454, F.S.; revising contract 18 requirements; providing for cancellation of 19 contracts; amending s. 468.456, F.S.; providing 20 for increased administrative fines; amending s. 21 468.45615, F.S.; providing additional criminal 22 penalties for certain acts; amending s. 23 468.4562, F.S.; revising provisions relating to 24 civil remedies available to colleges and 25 universities for violations of athlete agent 26 regulations; amending s. 468.4565, F.S.; 27 revising business record requirements; 28 repealing s. 468.4563, F.S., relating to 29 authority to require continuing education by 30 athlete agents; repealing s. 468.4564, relating 31 to license display requirements; amending s. 186 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059
HOUSE AMENDMENT Bill No. HB 1923 Amendment No. ___ (for drafter's use only) 1 702.09, F.S.; revising the definitions of the 2 terms "mortgage" and "foreclosure proceedings"; 3 amending s. 718.104, F.S., revising language 4 with respect to declarations for the creation 5 of a condominium; amending s. 718.106, F.S.; 6 revising language with respect to appurtenances 7 that pass with a condominium unit; amending s. 8 718.110, F.S.; revising language with respect 9 to amendments to a declaration of condominium; 10 amending s. 718.111, F.S.; revising language 11 with respect to the association; amending s. 12 718.112, F.S.; revising language with respect 13 to bylaws; amending s. 718.113, F.S.; revising 14 language with respect to material alterations 15 of common elements or association real property 16 operated by a multicondominium association; 17 amending s. 718.115, F.S.; revising language 18 with respect to common expenses; amending s. 19 718.405, F.S.; revising language with respect 20 to multicondominiums and multicondominium 21 associations; amending s. 718.503, F.S., 22 relating to disclosure requirements for the 23 sale of certain condominiums; removing the 24 requirement that question and answer sheets be 25 part of the closing documents; amending s. 26 718.504, F.S.; revising language with respect 27 to the prospectus or offering circular; 28 providing effective dates. 29 30 31 187 File original & 9 copies 04/26/01 hri0001 09:01 pm 01923-0073-613059