House Bill hb1923

CODING: Words stricken are deletions; words underlined are additions.




    Florida House of Representatives - 2001                HB 1923

        By the Committee on Business Regulation and Representative
    Kyle





  1                      A bill to be entitled

  2         An act relating to the Department of Business

  3         and Professional Regulation; amending s.

  4         20.165, F.S.; renaming the Division of Florida

  5         Land Sales, Condominiums, and Mobile Homes as

  6         the Division of Condominiums, Timeshare, and

  7         Mobile Homes; including reference to the Board

  8         of Barbering and Cosmetology; revising minimum

  9         requirements for the number of consumer members

10         on professional licensing boards; amending ss.

11         326.001, 326.002, 326.003, 326.004, and

12         326.006, F.S.; transferring the regulation of

13         yacht and ship brokers and salespersons from

14         the Division of Florida Land Sales,

15         Condominiums, and Mobile Homes to the Division

16         of Professions; revising provisions relating to

17         criminal history checks and administrative and

18         civil penalties; requiring that all funds

19         collected pursuant to such regulation be

20         deposited into the Professional Regulation

21         Trust Fund; revising references; amending s.

22         455.213, F.S.; providing that all applications

23         for licensure be prescribed by the department;

24         providing for the electronic submission of

25         information to the department; providing that

26         all legal obligations must be met before the

27         issuance or renewal of a license; amending s.

28         455.224, F.S.; authorizing any division of the

29         department to issue citations in the

30         enforcement of its regulatory provisions in

31         accordance with the provisions established for

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         such purposes for the regulation of

  2         professions; amending ss. 468.401, 468.402,

  3         468.403, 468.404, 468.406, 468.407, 468.410,

  4         468.412, 468.413, 468.414, and 468.415, F.S.;

  5         providing for registration of talent agencies

  6         in lieu of licensure; conforming provisions;

  7         providing penalties; repealing ss. 468.405 and

  8         468.408, F.S., relating to qualification for

  9         talent agency license and bonding requirements;

10         amending s. 468.609, F.S.; authorizing direct

11         supervision by building code administrators by

12         telecommunications devices in certain

13         localities and under specified circumstances;

14         amending s. 468.627, F.S.; requiring the

15         payment of costs for certain building code

16         enforcement applicants who fail to appear for

17         scheduled examinations, subject to waiver in

18         case of hardship; amending s. 471.025, F.S.;

19         allowing for more than one type of seal to be

20         used by professional engineers; amending s.

21         472.003, F.S.; providing exemption from ch.

22         472, F.S., relating to land surveying and

23         mapping, for certain subordinate employees;

24         revising cross references; amending s. 472.005,

25         F.S.; revising and providing definitions;

26         revising cross references; amending s. 472.029,

27         F.S.; revising provisions relating to access to

28         lands of others for surveying or mapping

29         purposes; providing applicability to

30         subordinates; requiring certain notice;

31         amending s. 810.12, F.S.; revising provisions

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         relating to trespass, to conform; amending ss.

  2         472.001, 472.011, 472.015, 472.021, 472.027,

  3         472.031, and 472.037, F.S.; revising cross

  4         references; amending s. 476.034, F.S.;

  5         redefining the term "board"; amending s.

  6         476.054, F.S.; creating the Board of Barbering

  7         and Cosmetology; providing certain

  8         compensation; requiring an oath and providing

  9         for a certificate of appointment; providing for

10         officers, meetings, and quorum; amending s.

11         476.064, F.S.; conforming provisions; amending

12         ss. 476.014, 476.074, 476.154, 476.194,

13         476.214, and 476.234, F.S.; revising

14         references; amending s. 477.013, F.S.; defining

15         the term "board"; repealing s. 477.015, F.S.,

16         relating to the Board of Cosmetology;

17         abolishing the Barbers' Board and the Board of

18         Cosmetology; providing for appointment of all

19         members of the Board of Barbering and

20         Cosmetology to staggered terms; providing

21         savings clauses for rules and legal actions;

22         amending s. 477.019, F.S.; eliminating a

23         requirement for refresher courses and

24         examinations for failure of cosmetology

25         licensees to comply with continuing education

26         requirements; amending s. 477.026, F.S.;

27         providing authority for registration renewal

28         and delinquent fees for hair braiders, hair

29         wrappers, and body wrappers; amending s.

30         481.209, F.S.; revising requirements relating

31         to education for licensure as an architect;

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         amending s. 481.223, F.S.; providing for

  2         injunctive relief for certain violations

  3         relating to architecture and interior design;

  4         amending s. 489.107, F.S.; reducing the number

  5         of members on the Construction Industry

  6         Licensing Board; relocating the offices of the

  7         board; creating s. 489.1133, F.S.; providing

  8         for temporary certificates and registrations;

  9         amending s. 489.115, F.S.; eliminating

10         references to divisions of the Construction

11         Industry Licensing Board; amending s. 489.118,

12         F.S.; revising grandfathering provisions for

13         certification of registered contractors to

14         qualify persons holding certain registered

15         local specialty licenses; repealing s.

16         489.507(6), F.S., to delete a duplicate

17         provision relating to appointment of committees

18         of the Construction Industry Licensing Board

19         and the Electrical Contractors' Licensing Board

20         for the purpose of meeting jointly twice each

21         year; requiring the Electrical Contractors'

22         Licensing Board to develop a plan to reduce its

23         annual operating budget by a specified amount

24         and submit such plan to the department by a

25         specified date; amending s. 489.511, F.S.;

26         revising provisions relating to licensure as an

27         electrical or alarm system contractor by

28         endorsement; amending ss. 498.005, 498.019, and

29         498.049, F.S.; reassigning the regulation of

30         land sales from the Division of Florida Land

31         Sales, Condominiums, and Mobile Homes to the

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         Division of Real Estate; requiring all funds

  2         collected by the department pursuant to the

  3         regulation of land sales to be deposited in the

  4         Professional Regulation Trust Fund; amending s.

  5         190.009, F.S.; conforming terminology; amending

  6         ss. 718.103, 718.105, 718.1255, 718.501,

  7         718.502, 718.504, 718.508, 718.509, 718.608,

  8         719.103, 719.1255, 719.501, 719.502, 719.504,

  9         719.508, 719.608, 721.05, 721.07, 721.08,

10         721.26, 721.28, 721.301, 721.50, 723.003,

11         723.006, 723.0065, and 723.009, F.S.; renaming

12         the Division of Florida Land Sales,

13         Condominiums, and Mobile Homes as the Division

14         of Condominiums, Timeshare, and Mobile Homes;

15         renaming the Division of Florida Land Sales,

16         Condominiums, and Mobile Homes Trust Fund as

17         the Division of Condominiums, Timeshare, and

18         Mobile Homes Trust Fund; conforming provisions;

19         providing division enforcement powers and

20         duties; providing for injunction, restitution,

21         and civil penalties; providing certain

22         immunity; providing for use of certain

23         documents as evidence; providing for certain

24         notice; providing for intervention in suits;

25         locating the executive offices of the division

26         in Tallahassee; authorizing branch offices;

27         providing for adoption and use of a seal;

28         providing applicability to specified chapters

29         of the Florida Statutes; amending ss. 73.073,

30         192.037, 213.053, 215.20, 380.0651, 455.116,

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         475.455, 509.512, and 559.935, F.S.; conforming

  2         terminology; providing effective dates.

  3  

  4  Be It Enacted by the Legislature of the State of Florida:

  5  

  6         Section 1.  Paragraph (d) of subsection (2), paragraph

  7  (a) of subsection (4), and subsection (6) of section 20.165,

  8  Florida Statutes, are amended to read:

  9         20.165  Department of Business and Professional

10  Regulation.--There is created a Department of Business and

11  Professional Regulation.

12         (2)  The following divisions of the Department of

13  Business and Professional Regulation are established:

14         (d)  Division of Florida Land Sales, Condominiums,

15  Timeshare, and Mobile Homes.

16         (4)(a)  The following boards are established within the

17  Division of Professions:

18         1.  Board of Architecture and Interior Design, created

19  under part I of chapter 481.

20         2.  Florida Board of Auctioneers, created under part VI

21  of chapter 468.

22         3.  Barbers' Board of Barbering and Cosmetology,

23  created under chapter 476.

24         4.  Florida Building Code Administrators and Inspectors

25  Board, created under part XII of chapter 468.

26         5.  Construction Industry Licensing Board, created

27  under part I of chapter 489.

28         6.  Board of Cosmetology, created under chapter 477.

29         6.7.  Electrical Contractors' Licensing Board, created

30  under part II of chapter 489.

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         7.8.  Board of Employee Leasing Companies, created

  2  under part XI of chapter 468.

  3         8.9.  Board of Funeral Directors and Embalmers, created

  4  under chapter 470.

  5         9.10.  Board of Landscape Architecture, created under

  6  part II of chapter 481.

  7         10.11.  Board of Pilot Commissioners, created under

  8  chapter 310.

  9         11.12.  Board of Professional Engineers, created under

10  chapter 471.

11         12.13.  Board of Professional Geologists, created under

12  chapter 492.

13         13.14.  Board of Professional Surveyors and Mappers,

14  created under chapter 472.

15         14.15.  Board of Veterinary Medicine, created under

16  chapter 474.

17         (6)  Each board with five or more than seven members

18  shall have at least two consumer members who are not, and have

19  never been, members or practitioners of the profession

20  regulated by such board or of any closely related profession.

21  Each board with seven or fewer than five members shall have at

22  least one consumer member who is not, and has never been, a

23  member or practitioner of the profession regulated by such

24  board or of any closely related profession.

25         Section 2.  Section 326.001, Florida Statutes, is

26  amended to read:

27         326.001  Short title.--This chapter Sections

28  326.001-326.006 may be cited as the "Yacht and Ship Brokers'

29  Act."

30         Section 3.  Section 326.002, Florida Statutes, is

31  amended to read:

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         326.002  Definitions.--As used in this chapter ss.

  2  326.001-326.006, the term:

  3         (1)  "Broker" means a person who, for or in expectation

  4  of compensation: sells, offers, or negotiates to sell; buys,

  5  offers, or negotiates to buy; solicits or obtains listings of;

  6  or negotiates the purchase, sale, or exchange of, yachts for

  7  other persons.

  8         (2)  "Department" "Division" means the Division of

  9  Florida Land Sales, Condominiums, and Mobile Homes of the

10  Department of Business and Professional Regulation.

11         (3)  "Salesperson" means a person who, for or in

12  expectation of compensation, is employed by a broker to

13  perform any acts of a broker.

14         (4)  "Yacht" means any vessel which is propelled by

15  sail or machinery in the water which exceeds 32 feet in

16  length, and which weighs less than 300 gross tons.

17         (5)  "Person" means an individual, partnership, firm,

18  corporation, association, or other entity.

19         Section 4.  Section 326.003, Florida Statutes, is

20  amended to read:

21         326.003  Administration.--The department division

22  shall:

23         (1)  Administer ss. 326.001-326.006 and collect fees

24  sufficient to administer this chapter ss. 326.001-326.006.

25         (2)  Adopt rules pursuant to ss. 120.536(1) and 120.54

26  necessary to administer this chapter implement ss.

27  326.001-326.006 and to classify brokers and salespersons and

28  regulate their activities.

29         (3)  Enforce the provisions of this chapter ss.

30  326.001-326.006 against any person who operates as a broker or

31  salesperson without a license.

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         Section 5.  Section 326.004, Florida Statutes, is

  2  amended to read:

  3         326.004  Licensing.--

  4         (1)  A person may not act as a broker or salesperson

  5  unless licensed under the Yacht and Ship Brokers' Act.  The

  6  department division shall adopt rules establishing a procedure

  7  for the biennial renewal of licenses.

  8         (2)  A broker may not engage in business as a broker

  9  under a fictitious name unless his or her license is issued in

10  such name.

11         (3)  A license is not required for:

12         (a)  A person who sells his or her own yacht.

13         (b)  An attorney at law for services rendered in his or

14  her professional capacity.

15         (c)  A receiver, trustee, or other person acting under

16  a court order.

17         (d)  A transaction involving the sale of a new yacht.

18         (e)  A transaction involving the foreclosure of a

19  security interest in a yacht.

20         (4)  Any person who purchases a used yacht for resale

21  must transfer title to such yacht into his or her name and

22  maintain the title or bill of sale in his or her possession to

23  be exempt from licensure.

24         (5)  The department division by rule shall establish

25  fees for application, initial licensing, biennial renewal, and

26  reinstatement of licenses in an amount not to exceed $500.

27  The fees must be set in an amount that is adequate to

28  proportionately fund the expenses of the department division

29  in this chapter ss. 326.001-326.006.

30         (6)  The department division may deny a license or

31  license renewal to any applicant who does not:

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (a)  Furnish proof satisfactory to the department

  2  division that he or she is of good moral character.

  3         (b)  Certify that he or she has never been convicted of

  4  a felony.

  5         (c)  Post the bond required by the Yacht and Ship

  6  Brokers' Act.

  7         (d)  Demonstrate that he or she is a resident of this

  8  state or that he or she conducts business in this state.

  9         (e)  Furnish a full set of fingerprints taken within

10  the 6 months immediately preceding the submission of the

11  application.

12         (f)  Have a current license and has operated as a

13  broker or salesperson without a license.

14         (7)(a)  Before any license may be issued to a yacht or

15  ship broker, he or she must deliver to the department division

16  a good and sufficient surety bond or irrevocable letter of

17  credit, executed by the broker as principal, in the sum of

18  $25,000.

19         (b)  Surety bonds and irrevocable letters of credit

20  must be in a form to be approved by the department division

21  and must be conditioned upon the broker complying with the

22  terms of any written contract made by such broker in

23  connection with the sale or exchange of any yacht or ship and

24  not violating any of the provisions of the Yacht and Ship

25  Brokers' Act in the conduct of the business for which he or

26  she is licensed.  The bonds and letters of credit must be

27  delivered to the department division and in favor of any

28  person in a transaction who suffers any loss as a result of

29  any violation of the conditions in this chapter ss.

30  326.001-326.006.  When the department division determines that

31  a person has incurred a loss as a result of a violation of the

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  Yacht and Ship Brokers' Act, it shall notify the person in

  2  writing of the existence of the bond or letter of credit. The

  3  bonds and letters of credit must cover the license period, and

  4  a new bond or letter of credit or a proper continuation

  5  certificate must be delivered to the department division at

  6  the beginning of each license period.  However, the aggregate

  7  liability of the surety in any one year may not exceed the sum

  8  of the bond or, in the case of a letter of credit, the

  9  aggregate liability of the issuing bank may not exceed the sum

10  of the credit.

11         (c)  Surety bonds must be executed by a surety company

12  authorized to do business in the state as surety, and

13  irrevocable letters of credit must be issued by a bank

14  authorized to do business in the state as a bank.

15         (d)  Irrevocable letters of credit must be engaged by a

16  bank as an agreement to honor demands for payment as specified

17  in this section.

18  

19  The security for a broker must remain on deposit for a period

20  of 1 year after he or she ceases to be a broker.

21         (8)  A person may not be licensed as a broker unless he

22  or she has been a salesperson for at least 2 consecutive

23  years, and may not be licensed as a broker after October 1,

24  1990, unless he or she has been licensed as a salesperson for

25  at least 2 consecutive years.

26         (9)  An applicant for a salesperson's license or its

27  renewal must deposit with the department division a bond or

28  equivalent securities in the sum of $10,000 subject to the

29  conditions in subsection (7).

30         (10)  Upon a final judgment being rendered against a

31  yacht broker or salesperson for a violation of this chapter

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  ss. 326.001-326.006 which results in any action being

  2  commenced on the bond or letter of credit, the department

  3  division may require the filing of a new bond or letter of

  4  credit and immediately on the recovery in any action on such

  5  bond or letter of credit, the broker or salesperson involved

  6  must file a new bond or letter of credit.  His or her failure

  7  to do so within 10 days constitutes grounds for the suspension

  8  or revocation of his or her license.

  9         (11)  Any person injured by the fraud, deceit, or

10  willful negligence of any broker or salesperson or by the

11  failure of any broker or salesperson to comply with the Yacht

12  and Ship Brokers' Act or other law may file an action for

13  damages upon the respective bonds against the principals and

14  the surety.

15         (12)  If a surety notifies the department division that

16  it is no longer the surety for a licensee, the department

17  division shall notify the licensee of such withdrawal by

18  certified mail, return receipt requested, addressed to the

19  licensee's principal office.  Upon the termination of such

20  surety the licensee's license is automatically suspended until

21  he or she files a new bond with the department division.

22         (13)  Each broker must maintain a principal place of

23  business in this state and may establish branch offices in the

24  state.  A separate license must be maintained for each branch

25  office.  The department division shall establish by rule a fee

26  not to exceed $100 for each branch office license.

27         (14)(a)  Each license must be prominently displayed in

28  the office of the broker.

29         (b)  Each salesperson's license must remain in the

30  possession of the employing broker until canceled or until the

31  salesperson leaves such employment. Immediately upon a

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  salesperson's withdrawal from the employment of a broker, the

  2  broker must return the salesperson's license to the department

  3  division for cancellation.

  4         (15)  The department division shall provide by rule for

  5  the issuance of a temporary 90-day license to an applicant

  6  while the Florida Department of Law Enforcement and the

  7  Federal Bureau of Investigation conduct conducts a national

  8  criminal history analysis of the applicant by means of

  9  fingerprint identification.

10         Section 6.  Section 326.006, Florida Statutes, is

11  amended to read:

12         326.006  Powers and duties of department division.--

13         (1)  Proceedings under the Yacht and Ship Brokers' Act

14  shall be conducted pursuant to chapter 120.

15         (2)  The department may division has the power to

16  enforce and ensure compliance with the provisions of this

17  chapter and rules adopted under this chapter relating to the

18  sale and ownership of yachts and ships.  In performing its

19  duties, the department division has the following powers and

20  duties:

21         (a)  The department division may make necessary public

22  or private investigations within or outside this state to

23  determine whether any person has violated this chapter or any

24  rule or order issued under this chapter, to aid in the

25  enforcement of this chapter, or to aid in the adoption of

26  rules or forms under this chapter.

27         (b)  The department division may require or permit any

28  person to file a statement in writing, under oath or

29  otherwise, as the department division determines, as to the

30  facts and circumstances concerning a matter to be

31  investigated.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (c)  For the purpose of any investigation under this

  2  chapter, the secretary of the department division director or

  3  any officer or employee designated by the secretary division

  4  director may administer oaths or affirmations, subpoena

  5  witnesses and compel their attendance, take evidence, and

  6  require the production of any matter that is relevant to the

  7  investigation, including the existence, description, nature,

  8  custody, condition, and location of any books, documents, or

  9  other tangible things and the identity and location of persons

10  having knowledge of relevant facts or any other matter

11  reasonably calculated to lead to the discovery of material

12  evidence.  Upon the failure by a person to obey a subpoena or

13  to answer questions propounded by the department investigating

14  officer and upon reasonable notice to all persons affected

15  thereby, the department division may apply to the circuit

16  court for an order compelling compliance, may impose a civil

17  penalty, and may suspend or revoke the licensee's license.

18         (d)  Notwithstanding any remedies available to a yacht

19  or ship purchaser, if the department division has reasonable

20  cause to believe that a violation of any provision of this

21  chapter or rule adopted under this chapter has occurred, the

22  department division may institute enforcement proceedings in

23  its own name against any broker or salesperson or any of his

24  or her assignees or agents, or against any unlicensed person

25  or any of his or her assignees or agents, as follows:

26         1.  The department division may permit a person whose

27  conduct or actions are under investigation to waive formal

28  proceedings and enter into a consent proceeding whereby

29  orders, rules, or letters of censure or warning, whether

30  formal or informal, may be entered against the person.

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         2.  The department division may issue an order

  2  requiring the broker or salesperson or any of his or her

  3  assignees or agents, or requiring any unlicensed person or any

  4  of his or her assignees or agents, to cease and desist from

  5  the unlawful practice and take such affirmative action as in

  6  the judgment of the department division will carry out the

  7  purposes of this chapter.

  8         3.  The department division may bring an action in

  9  circuit court on behalf of a class of yacht or ship purchasers

10  for declaratory relief, injunctive relief, or restitution.

11         4.  The department division may impose a civil penalty

12  against a broker or salesperson or any of his or her assignees

13  or agents, or against an unlicensed person or any of his or

14  her assignees or agents, for any violation of this chapter or

15  a rule adopted under this chapter.  A penalty may be imposed

16  for each day of continuing violation, but in no event may the

17  penalty for any offense exceed $10,000.  All amounts collected

18  must be deposited with the Treasurer to the credit of the

19  Professional Regulation Division of Florida Land Sales,

20  Condominiums, and Mobile Homes Trust Fund.  If a broker,

21  salesperson, or unlicensed person working for a broker, fails

22  to pay the civil penalty, the department division shall

23  thereupon issue an order suspending the broker's license until

24  such time as the civil penalty is paid or may pursue

25  enforcement of the penalty in a court of competent

26  jurisdiction. The order imposing the civil penalty or the

27  order of suspension may not become effective until 20 days

28  after the date of such order. Any action commenced by the

29  department division must be brought in the county in which the

30  department division has its executive offices or in the county

31  where the violation occurred.

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (e)  The department division may suspend or revoke the

  2  license of a broker or salesperson who:

  3         1.  Makes a substantial and intentional

  4  misrepresentation, with respect to a transaction involving a

  5  yacht, upon which any person has relied.

  6         2.  Makes a false warranty, with respect to a

  7  transaction involving a yacht, of a character likely to

  8  influence, persuade, or induce any person with whom business

  9  is transacted.

10         3.  Engages in continued misrepresentation or makes

11  false warranties with respect to transactions involving a

12  yacht, whether or not relied upon by another person.

13         4.  Acts for both the buyer and seller in a transaction

14  involving a yacht without the knowledge and written consent of

15  both parties.

16         5.  Commingles the money or other property of his or

17  her principal with his or her own.

18         6.  Commits fraud or dishonest acts in the conduct of

19  any transaction involving a yacht.

20         7.  Allows an unlicensed person to use his or her name

21  to evade the provisions of the Yacht and Ship Brokers' Act.

22         8.  Violates any law governing the transactions

23  involving a yacht, including any provision relating to the

24  collection  or payment of sales or use taxes.

25         9.  Engages in acts that are evidence of a lack of good

26  moral character.

27         10.  Is convicted of a felony.

28         (f)  The department division may suspend or revoke the

29  license of a broker or salesperson who has:

30         1.  Procured a license for himself or herself or

31  another by fraud, misrepresentation, falsification, or deceit.

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         2.  Been found guilty of a felony or a crime of moral

  2  turpitude.

  3         3.  Had a license or registration revoked, suspended,

  4  or sanctioned in another state.

  5         (3)  All fees must be deposited in the Professional

  6  Regulation Division of Florida Land Sales, Condominiums, and

  7  Mobile Homes Trust Fund as provided by law.

  8         Section 7.  The regulation of yacht and ship brokers

  9  and salespersons is reassigned within the Department of

10  Business and Professional Regulation from the Division of

11  Florida Land Sales, Condominiums, and Mobile Homes to the

12  Division of Professions. All funds collected by the department

13  pursuant to the regulation of yacht and ship brokers and

14  salespersons and all funds in the account created within the

15  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

16  for such regulation shall be deposited in an account created

17  within the Professional Regulation Trust Fund for the same

18  purpose.

19         Section 8.  Effective July 1, 2001, subsection (1) of

20  section 455.213, Florida Statutes, is amended, and subsections

21  (11) and (12) are added to said section, to read:

22         455.213  General licensing provisions.--

23         (1)  Any person desiring to be licensed shall apply to

24  the department in writing. The application for licensure shall

25  be made on a form prepared and furnished by the department and

26  include the applicant's social security number. All initial

27  licensure and licensure renewal forms must be adopted by

28  departmental rule.  The application shall be supplemented as

29  needed to reflect any material change in any circumstance or

30  condition stated in the application which takes place between

31  the initial filing of the application and the final grant or

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  denial of the license and which might affect the decision of

  2  the department. In order to further the economic development

  3  goals of the state, and notwithstanding any law to the

  4  contrary, the department may enter into an agreement with the

  5  county tax collector for the purpose of appointing the county

  6  tax collector as the department's agent to accept applications

  7  for licenses and applications for renewals of licenses. The

  8  agreement must specify the time within which the tax collector

  9  must forward any applications and accompanying application

10  fees to the department. In cases where a person applies or

11  schedules directly with a national examination organization or

12  examination vendor to take an examination required for

13  licensure, any organization- or vendor-related fees associated

14  with the examination may be paid directly to the organization

15  or vendor.

16         (11)  Any submission required to be in writing may be

17  made by electronic means.

18         (12)  The department may not issue or renew a license

19  to any person who has not complied with all provisions of a

20  final order of a board or the department until that person

21  complies with all terms and conditions of the final order. The

22  department may not issue or renew a license to any person who

23  has not complied with all legal obligations under this chapter

24  or the relevant practice act, including, but not limited to,

25  the obligation to pay all fees and assessments that are owed

26  and to complete all continuing education requirements.

27         Section 9.  Section 455.224, Florida Statutes, is

28  amended to read:

29         455.224  Authority to issue citations.--

30         (1)  Notwithstanding s. 455.225, the board or the

31  department shall adopt rules to permit the issuance of

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  citations. The citation shall be issued to the subject and

  2  shall contain the subject's name and address, the subject's

  3  license number if applicable, a brief factual statement, the

  4  sections of the law allegedly violated, and the penalty

  5  imposed. The citation must clearly state that the subject may

  6  choose, in lieu of accepting the citation, to follow the

  7  procedure under s. 455.225. If the subject disputes the matter

  8  in the citation, the procedures set forth in s. 455.225 must

  9  be followed. However, if the subject does not dispute the

10  matter in the citation with the department within 30 days

11  after the citation is served, the citation becomes a final

12  order and constitutes discipline. The penalty shall be a fine

13  or other conditions as established by rule.

14         (2)  The board, or the department when there is no

15  board, shall adopt rules designating violations for which a

16  citation may be issued.  Such rules shall designate as

17  citation violations those violations for which there is no

18  substantial threat to the public health, safety, and welfare.

19         (3)  The department shall be entitled to recover the

20  costs of investigation, in addition to any penalty provided

21  according to board or department rule, as part of the penalty

22  levied pursuant to the citation.

23         (4)  A citation must be issued within 6 months after

24  the filing of the complaint that is the basis for the

25  citation.

26         (5)  Service of a citation may be made by personal

27  service or certified mail, restricted delivery, to the subject

28  at the subject's last known address.

29         (6)  Within its jurisdiction, the department has

30  exclusive authority to, and shall adopt rules to, designate

31  those violations for which the licensee is subject to the

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  issuance of a citation and designate the penalties for those

  2  violations if any board fails to incorporate this section into

  3  rules by January 1, 1992. A board created on or after January

  4  1, 1992, has 6 months in which to enact rules designating

  5  violations and penalties appropriate for citation offenses.

  6  Failure to enact such rules gives the department exclusive

  7  authority to adopt rules as required for implementing this

  8  section. A board has continuous authority to amend its rules

  9  adopted pursuant to this section.

10         (7)  Notwithstanding s. 455.017, any division within

11  the department may establish a citation program pursuant to

12  the provisions of this section in the enforcement of its

13  regulatory provisions. Any citation issued by a division

14  pursuant to this section must clearly state that the subject

15  may choose, in lieu of accepting the citation, to follow the

16  existing procedures established by law. If the subject does

17  not dispute the matter in the citation with the division

18  within 30 days after the citation is served, the citation

19  becomes a final order and constitutes discipline. The penalty

20  shall be a fine or other conditions as established by rule of

21  the appropriate division.

22         Section 10.  Subsections (10) and (11) of section

23  468.401, Florida Statutes, are amended to read:

24         468.401  Regulation of talent agencies;

25  definitions.--As used in this part or any rule adopted

26  pursuant hereto:

27         (10)  "Registration" "License" means a registration

28  license issued by the department of Business and Professional

29  Regulation to carry on the business of a talent agency under

30  this part.

31  

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (11)  "Registrant" "Licensee" means a talent agency

  2  that which holds a valid unrevoked and unforfeited

  3  registration license issued under this part.

  4         Section 11.  Section 468.402, Florida Statutes, is

  5  amended to read:

  6         468.402  Operation of a talent agency Duties of the

  7  department; authority to issue and revoke license; adoption of

  8  rules.--

  9         (1)  It is unlawful to have The department may take any

10  one or more of the actions specified in subsection (5) against

11  any person who has:

12         (a)  Obtained or attempted to obtain a registration any

13  license by means of fraud, misrepresentation, or concealment.

14         (b)  Violated any provision of this part, chapter 455,

15  any lawful disciplinary order of the department, or any rule

16  of the department.

17         (c)  Been found guilty of, or entered a plea of nolo

18  contendere to, regardless of adjudication, a crime involving

19  moral turpitude or dishonest dealings under the laws of this

20  state or any other state or government.

21         (d)  Made, printed, published, distributed, or caused,

22  authorized, or knowingly permitted the making, printing,

23  publication, or distribution of any false statement,

24  description, or promise of such a character as to reasonably

25  induce any person to act to his or her damage or injury, if

26  such statement, description, or promises were purported to be

27  performed by the talent agency and if the owner or operator

28  then knew, or by the exercise of reasonable care and inquiry,

29  could have known, of the falsity of the statement,

30  description, or promise.

31  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (e)  Knowingly committed or been a party to any

  2  material fraud, misrepresentation, concealment, conspiracy,

  3  collusion, trick, scheme, or device whereby any other person

  4  lawfully relying upon the work, representation, or conduct of

  5  the talent agency acts or has acted to his or her injury or

  6  damage.

  7         (f)  Failed or refused upon demand to disclose any

  8  information, as required by this part, within his or her

  9  knowledge, or failed or refused to produce any document, book,

10  or record in his or her possession for inspection as required

11  by to the department or any authorized agent thereof acting

12  within its jurisdiction or by authority of law.

13         (g)  Established the talent agency within any place

14  where intoxicating liquors are sold, any place where gambling

15  is permitted, or any house of prostitution.

16         (h)  Charged, collected, or received compensation for

17  any service performed by the talent agency greater than

18  specified in its schedule of maximum fees, charges, and

19  commissions previously filed with the department.

20         (i)  Had a license or registration to operate a talent

21  agency revoked, suspended, or otherwise acted against,

22  including, but not limited to, having been denied a license or

23  registration for good cause by the licensing authority of

24  another state, territory, or country.

25         (j)  Willfully made or filed a report or record that

26  the registrant licensee knew to be false, failed to file a

27  report or record required by state or federal law, impeded or

28  obstructed such filing, or induced another person to impede or

29  obstruct such filing. Such reports or records shall include

30  only those that are signed in the registrant's licensee's

31  capacity as a registered licensed talent agency.

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (k)  Advertised goods or services in a manner that was

  2  fraudulent, false, deceptive, or misleading in form or

  3  content.

  4         (l)  Advertised, operated, or attempted to operate

  5  under a name other than the name appearing on the registration

  6  license.

  7         (m)  Been found guilty of fraud or deceit in the

  8  operation of a talent agency.

  9         (n)  Operated with a revoked, suspended, inactive, or

10  delinquent registration license.

11         (o)  Permitted, aided, assisted, procured, or advised

12  any unlicensed person to operate a talent agency contrary to

13  this part or other law to a rule of the department.

14         (p)  Failed to perform any statutory or legal

15  obligation placed on a licensed talent agency.

16         (q)  Practiced or offered to practice beyond the scope

17  permitted by law or has accepted and performed professional

18  responsibilities that the registrant licensee knows or has

19  reason to know that he or she is not competent to perform.

20         (r)  Conspired with another licensee or with any other

21  person to commit an act, or has committed an act, that would

22  tend to coerce, intimidate, or preclude another registrant

23  licensee from advertising his or her services.

24         (s)  Solicited business, either personally or through

25  an agent or through any other person, through the use of fraud

26  or deception or by other means; through the use of misleading

27  statements; or through the exercise of intimidation or undue

28  influence.

29         (t)  Exercised undue influence on the artist in such a

30  manner as to exploit the artist for financial gain of the

31  registrant licensee or a third party, which includes, but is

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  not limited to, the promoting or selling of services to the

  2  artist.

  3         (2)  The department may revoke any license that is

  4  issued as a result of the mistake or inadvertence of the

  5  department.

  6         (2)(3)  The department may has authority to adopt rules

  7  pursuant to ss. 120.536(1) and 120.54 necessary to administer

  8  implement the provisions of this part.

  9         (3)(4)  A revoked or suspended registration license

10  must be returned to the department within 7 days after the

11  time for appeal has elapsed.

12         (4)(5)  Upon a finding of a violation of any one or

13  more of the grounds enumerated in subsection (1) or any other

14  section of this part, the department may take the following

15  actions:

16         (a)  Deny an application for registration licensure as

17  a talent agency.

18         (b)  Permanently Revoke or suspend the registration

19  license of a talent agency.

20         (c)  Impose an administrative fine, not to exceed

21  $5,000, for each count or separate offense.

22         (d)  Require restitution.

23         (e)  Issue a public reprimand.

24         (f)  Place the licensee on probation, subject to such

25  conditions as the department may specify.

26         (6)  A person shall be subject to the disciplinary

27  actions specified in subsection (5) for violations of

28  subsection (1) by that person's agents or employees in the

29  course of their employment with that person.

30         (5)(7)  The department may deny a registration license

31  if any owner or operator listed on the application has been

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  associated with a talent agency whose registration license has

  2  been revoked or otherwise disciplined.

  3         Section 12.  Section 468.403, Florida Statutes, is

  4  amended to read:

  5         468.403  Registration License requirements.--

  6         (1)  A person may not own, operate, solicit business,

  7  or otherwise engage in or carry on the occupation of a talent

  8  agency in this state unless such person first registers with

  9  procures a license for the talent agency from the department.

10  However, a registration license is not required for a person

11  who acts as an agent for herself or himself, a family member,

12  or exclusively for one artist.

13         (2)  Each application for a registration license must

14  be accompanied by an application fee set by the department not

15  to exceed $300, plus the actual cost for fingerprint analysis

16  for each owner application, to cover the costs of

17  investigating the applicant. Each application for a change of

18  operator must be accompanied by an application fee of $150.

19  These fees are not refundable.

20         (3)(a)  Each owner of a talent agency if other than a

21  corporation and each operator of a talent agency shall submit

22  to the department with the application for licensure of the

23  agency a full set of fingerprints and a photograph of herself

24  or himself taken within the preceding 2 years.  The department

25  shall conduct an examination of fingerprint records and police

26  records.

27         (b)  Each owner of a talent agency that is a

28  corporation shall submit to the department, with the

29  application for licensure of the agency, a full set of

30  fingerprints of the principal officer signing the application

31  form and the bond form, and a full set of fingerprints of each

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  operator, and a photograph of each taken within the preceding

  2  2 years.  The department shall conduct an examination of

  3  fingerprint records and police records.

  4         (3)(4)  Each application must include:

  5         (a)  The name and address of the owner of the talent

  6  agency.

  7         (b)  Proof of at least 1 year of direct experience or

  8  similar experience of the operator of such agency in the

  9  talent agency business or as a subagent, casting director,

10  producer, director, advertising agency, talent coordinator, or

11  musical booking agent.

12         (b)(c)  The street and number of the building or place

13  where the talent agency is to be located.

14         (5)  The department shall investigate the owner of an

15  applicant talent agency only to determine her or his ability

16  to comply with this part and shall investigate the operator of

17  an applicant talent agency to determine her or his employment

18  experience and qualifications.

19         (4)(6)  If the applicant is other than a corporation,

20  the application shall also include the names and addresses of

21  all persons, except bona fide employees on stated salaries,

22  financially interested, either as partners, associates, or

23  profit sharers, in the operation of the talent agency in

24  question, together with the amount of their respective

25  interest.

26         (5)(7)  If the applicant is a corporation, the

27  application shall include the corporate name and the names,

28  residential addresses, and telephone numbers of all persons

29  actively participating in the business of the corporation and

30  shall include the names of all persons exercising managing

31  

                                  26

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  responsibility in the applicant's or registrant's licensee's

  2  office.

  3         (8)  The application must be accompanied by affidavits

  4  of at least five reputable persons, other than artists, who

  5  have known or have been associated with the applicant for at

  6  least 3 years, stating that the applicant is a person of good

  7  moral character or, in the case of a corporation, has a

  8  reputation for fair dealing.

  9         (6)(9)  If any information in the application supplied

10  to the department by the applicant or registrant licensee

11  changes in any manner whatsoever, the applicant or registrant

12  licensee shall submit such changes to the department within 30

13  days after the date of such change or after the date such

14  change is known or should have been known to the applicant or

15  registrant licensee.

16         Section 13.  Section 468.404, Florida Statutes, is

17  amended to read:

18         468.404  Registration License; fees; renewals.--

19         (1)  The department by rule shall establish biennial

20  fees for initial registration licensing, renewal of

21  registration license, and reinstatement of registration

22  license, none of which fees shall exceed $400. The department

23  may by rule establish a delinquency fee of no more than $50.

24  The fees shall be adequate to proportionately fund the

25  expenses of the department which are allocated to the

26  registering regulation of talent agencies and shall be based

27  on the department's estimate of the revenue required to

28  administer this part.

29         (2)  If one or more individuals on the basis of whose

30  qualifications a talent agency registration license has been

31  obtained cease to be connected with the agency for any reason,

                                  27

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  the agency business may be carried on for a temporary period,

  2  not to exceed 90 days, under such terms and conditions as the

  3  department provides by rule for the orderly closing of the

  4  business or the replacement and qualifying of a new owner or

  5  operator. The registrant's licensee's good standing under this

  6  part shall be contingent upon the department's approval of any

  7  such new owner or operator.

  8         (3)  No registration license shall be valid to protect

  9  any business transacted under any name other than that

10  designated on in the registration license, unless consent is

11  first obtained from the department, unless written consent of

12  the surety or sureties on the original bond required by s.

13  468.408 is filed with the department, and unless the

14  registration license is returned to the department for the

15  recording thereon of such changes. A charge of $25 shall be

16  made by the department for the recording of authorization for

17  each change of name or change of location.

18         (4)  No registration license issued under this part

19  shall be assignable.

20         Section 14.  Section 468.406, Florida Statutes, is

21  amended to read:

22         468.406  Fees to be charged by talent agencies; rates;

23  display.--

24         (1)  Each talent agency applicant for a license shall

25  maintain and provide to its artists or potential clients file

26  with the application an itemized schedule of maximum fees,

27  charges, and commissions which it intends to charge and

28  collect for its services. This schedule may thereafter be

29  raised only by notifying its artists filing with the

30  department an amended or supplemental schedule at least 30

31  days before the change is to become effective. The schedule

                                  28

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  shall be posted in a conspicuous place in each place of

  2  business of the agency and shall be printed in not less than a

  3  30-point boldfaced type, except that an agency that uses

  4  written contracts containing maximum fee schedules need not

  5  post such schedules.

  6         (2)  All money collected by a talent agency from an

  7  employer for the benefit of an artist shall be paid to the

  8  artist, less the talent agency's fee, within 5 business days

  9  after the receipt of such money by the talent agency. No

10  talent agency is required to pay money to an artist until the

11  talent agency receives payment from the employer or buyer.

12         Section 15.  Section 468.407, Florida Statutes, is

13  amended to read:

14         468.407  Registration License; content; posting.--

15         (1)  The talent agency registration license shall be

16  valid for the biennial period in which issued and shall be in

17  such form as may be determined by the department, but shall at

18  least specify the name under which the applicant is to

19  operate, the address of the place of business, the expiration

20  date of the registration license, the full names and titles of

21  the owner and the operator, and the number of the registration

22  license.

23         (2)  The talent agency registration license shall at

24  all times be displayed conspicuously in the place of business

25  in such manner as to be open to the view of the public and

26  subject to the inspection of all duly authorized officers of

27  the state and county.

28         (3)  If a registrant licensee desires to cancel his or

29  her registration license, he or she must notify the department

30  and forthwith return to the department the registration

31  

                                  29

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  license so canceled. No registration license fee may be

  2  refunded upon cancellation of the registration license.

  3         Section 16.  Subsection (3) of section 468.410, Florida

  4  Statutes, is amended to read:

  5         468.410  Prohibition against registration fees;

  6  referral.--

  7         (3)  A talent agency shall give each applicant a copy

  8  of a contract which lists the services to be provided and the

  9  fees to be charged. The contract shall state that the talent

10  agency is registered with regulated by the department and

11  shall list the address and telephone number of the department.

12         Section 17.  Section 468.412, Florida Statutes, is

13  amended to read:

14         468.412  Talent agency requirements regulations.--

15         (1)  A talent agency shall maintain a record sheet for

16  each booking.  This shall be the only required record of

17  placement and shall be kept for a period of 1 year after the

18  date of the last entry in the buyer's file.

19         (2)  Each talent agency shall keep records in which

20  shall be entered:

21         (a)  The name and address of each artist employing such

22  talent agency;

23         (b)  The amount of fees received from each such artist;

24  and

25         (c)  The employment in which each such artist is

26  engaged at the time of employing such talent agency and the

27  amount of compensation of the artist in such employment, if

28  any, and the employments subsequently secured by such artist

29  during the term of the contract between the artist and the

30  talent agency and the amount of compensation received by the

31  artist pursuant thereto.; and

                                  30

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (d)  Other information which the department may require

  2  from time to time.

  3         (3)  All books, records, and other papers kept pursuant

  4  to this act by any talent agency shall be open at all

  5  reasonable hours to the inspection of the department and its

  6  agents.  Each talent agency shall furnish to the department,

  7  upon request, a true copy of such books, records, and papers,

  8  or any portion thereof, and shall make such reports as the

  9  department may prescribe from time to time.

10         (3)(4)  Each talent agency shall post in a conspicuous

11  place in the office of such talent agency a printed copy of

12  this part and of the rules adopted under this part.  Such

13  copies shall also contain the name and address of the officer

14  charged with enforcing this part.  The department shall

15  furnish to talent agencies printed copies of any statute or

16  rule required to be posted under this subsection.

17         (4)(5)  No talent agency may knowingly issue a contract

18  for employment containing any term or condition which, if

19  complied with, would be in violation of law, or attempt to

20  fill an order for help to be employed in violation of law.

21         (5)(6)  No talent agency may publish or cause to be

22  published any false, fraudulent, or misleading information,

23  representation, notice, or advertisement.  All advertisements

24  of a talent agency by means of card, circulars, or signs, and

25  in newspapers and other publications, and all letterheads,

26  receipts, and blanks shall be printed and contain the

27  registered licensed name, department registration license

28  number, and address of the talent agency and the words "talent

29  agency." No talent agency may give any false information or

30  make any false promises or representations concerning an

31  

                                  31

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  engagement or employment to any applicant who applies for an

  2  engagement or employment.

  3         (6)(7)  No talent agency may send or cause to be sent

  4  any person as an employee to any house of ill fame, to any

  5  house or place of amusement for immoral purposes, to any place

  6  resorted to for the purposes of prostitution, to any place for

  7  the modeling or photographing of a minor in the nude in the

  8  absence of written permission from the minor's parents or

  9  legal guardians, the character of which places the talent

10  agency could have ascertained upon reasonable inquiry.

11         (7)(8)  No talent agency may divide fees with anyone,

12  including, but not limited to, an agent or other employee of

13  an employer, a buyer, a casting director, a producer, a

14  director, or any venue that uses entertainment.

15         (8)(9)  If a talent agency collects from an artist a

16  fee or expenses for obtaining employment for the artist, and

17  the artist fails to procure such employment, or the artist

18  fails to be paid for such employment if procured, such talent

19  agency shall, upon demand therefor, repay to the artist the

20  fee and expenses so collected.  Unless repayment thereof is

21  made within 48 hours after demand therefor, the talent agency

22  shall pay to the artist an additional sum equal to the amount

23  of the fee.

24         (9)(10)  Each talent agency must maintain a permanent

25  office and must maintain regular operating hours at that

26  office.

27         Section 18.  Section 468.413, Florida Statutes, is

28  amended to read:

29         468.413  Unlawful acts Legal requirements; penalties.--

30  

31  

                                  32

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (1)  Each of the following acts constitutes a felony of

  2  the third degree, punishable as provided in s. 775.082, s.

  3  775.083, or s. 775.084:

  4         (a)  Owning or operating, or soliciting business as, a

  5  talent agency in this state without first registering with

  6  procuring a license from the department.

  7         (b)  Obtaining or attempting to obtain a registration

  8  license by means of fraud, misrepresentation, or concealment.

  9         (2)  Each of the following acts constitutes a

10  misdemeanor of the second degree, punishable as provided in s.

11  775.082 or s. 775.083:

12         (a)  Relocating a business as a talent agency, or

13  operating under any name other than that designated on the

14  registration license, unless written notification is given to

15  the department and to the surety or sureties on the original

16  bond, and unless the registration license is returned to the

17  department for the recording thereon of such changes.

18         (b)  Assigning or attempting to assign a registration

19  license issued under this part.

20         (c)  Failing to show on a registration license

21  application whether or not the agency or any owner of the

22  agency is financially interested in any other business of like

23  nature and, if so, failing to specify such interest or

24  interests.

25         (d)  Failing to maintain the records required by s.

26  468.409 or knowingly making false entries in such records.

27         (e)  Requiring as a condition to registering or

28  obtaining employment or placement for any applicant that the

29  applicant subscribe to, purchase, or attend any publication,

30  postcard service, advertisement, resume service, photography

31  service, school, acting school, workshop, or acting workshop.

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (f)  Failing to give each applicant a copy of a

  2  contract which lists the services to be provided and the fees

  3  to be charged, which states that the talent agency is

  4  registered with regulated by the department, and which lists

  5  the address and telephone number of the department.

  6         (g)  Failing to maintain a record sheet as required by

  7  s. 468.412(1).

  8         (h)  Knowingly sending or causing to be sent any artist

  9  to a prospective employer or place of business, the character

10  or operation of which employer or place of business the talent

11  agency knows to be in violation of the laws of the United

12  States or of this state.

13         (3)  The court may, in addition to other punishment

14  provided for in subsection (1) or subsection (2), suspend or

15  revoke the registration license of any person licensee under

16  this part who has been found guilty of any violation of

17  subsection (1) or misdemeanor listed in subsection (2).

18         (4)  If a In the event the department or any state

19  attorney finds shall have probable cause to believe that a

20  talent agency or other person has violated any provision of

21  subsection (1) or subsection (2), an action may be brought by

22  the department or any state attorney to enjoin such talent

23  agency or any person from continuing such violation, or

24  engaging therein or doing any acts in furtherance thereof, and

25  for such other relief as to the court seems appropriate. In

26  addition to this remedy, the department may permanently

27  prohibit a person from operating or working for a talent

28  agency assess a penalty against any talent agency or any

29  person in an amount not to exceed $1,000.

30         (5)  Any person injured by a prohibited act or practice

31  in violation of this part may bring a civil action in circuit

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  court for temporary or permanent injunctive relief and may

  2  seek appropriate civil relief, including, but not limited to,

  3  a civil penalty not to exceed $5,000 for each violation,

  4  restitution and treble damages for injured parties, and court

  5  costs and reasonable attorney's fees.

  6         Section 19.  Section 468.414, Florida Statutes, is

  7  amended to read:

  8         468.414  Collection and deposit of moneys;

  9  appropriation.--Proceeds from the fines, fees, and penalties

10  imposed pursuant to this part shall be deposited in the

11  Professional Regulation Trust Fund, created by s. 215.37.

12         Section 20.  Section 468.415, Florida Statutes, is

13  amended to read:

14         468.415  Sexual misconduct in the operation of a talent

15  agency.--The talent agent-artist relationship is founded on

16  mutual trust. Sexual misconduct in the operation of a talent

17  agency means violation of the talent agent-artist relationship

18  through which the talent agent uses the relationship to induce

19  or attempt to induce the artist to engage or attempt to engage

20  in sexual activity. Sexual misconduct is prohibited in the

21  operation of a talent agency. If any agent, owner, or operator

22  of a registered licensed talent agency is found to have

23  committed sexual misconduct in the operation of a talent

24  agency, the agency registration license shall be permanently

25  revoked. Such agent, owner, or operator shall be permanently

26  disqualified from present and future registration licensure as

27  owner or operator of a Florida talent agency.

28         Section 21.  Sections 468.405 and 468.408, Florida

29  Statutes, are repealed.

30         Section 22.  Subsection (7) of section 468.609, Florida

31  Statutes, is amended to read:

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         468.609  Administration of this part; standards for

  2  certification; additional categories of certification.--

  3         (7)(a)  The board may provide for the issuance of

  4  provisional certificates valid for such period, not less than

  5  3 years nor more than 5 years, as specified by board rule, to

  6  any newly employed or promoted building code inspector or

  7  plans examiner who meets the eligibility requirements

  8  described in subsection (2) and any newly employed or promoted

  9  building code administrator who meets the eligibility

10  requirements described in subsection (3).

11         (b)  No building code administrator, plans examiner, or

12  building code inspector may have a provisional certificate

13  extended beyond the specified period by renewal or otherwise.

14         (c)  The board may provide for appropriate levels of

15  provisional certificates and may issue these certificates with

16  such special conditions or requirements relating to the place

17  of employment of the person holding the certificate, the

18  supervision of such person on a consulting or advisory basis,

19  or other matters as the board may deem necessary to protect

20  the public safety and health.

21         (d)1.  A newly employed or hired person may perform the

22  duties of a plans examiner or building code inspector for 90

23  days if a provisional certificate application has been

24  submitted, provided such person is under the direct

25  supervision of a certified building code administrator who

26  holds a standard certification and who has found such person

27  qualified for a provisional certificate. However,

28         2.  Direct supervision and the determination of

29  qualifications under this paragraph may be provided by a

30  building code administrator who holds a limited or provisional

31  

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  certificate in any county with a population of less than

  2  75,000 and in any municipality located within such a county.

  3         3.  Direct supervision under this paragraph may be

  4  provided in any county with a population of less than 75,000

  5  and in any municipality within such county by

  6  telecommunication devices if the supervision is appropriate

  7  for the facts surrounding the performance of the duties being

  8  supervised.

  9         Section 23.  Subsection (4) of section 468.627, Florida

10  Statutes, is amended to read:

11         468.627  Application; examination; renewal; fees.--

12         (4)  Employees of local government agencies having

13  responsibility for building code inspection, building

14  construction regulation, and enforcement of building,

15  plumbing, mechanical, electrical, gas, fire prevention,

16  energy, accessibility, and other construction codes shall pay

17  no application fees or examination fees. However, the fee

18  charged by the examination contract vendor to the department

19  for scheduling an examination of an employee of a local

20  government shall be recovered from any employee who does not

21  report for the scheduled examination. The department shall

22  have the final approval for excusing applicants from a

23  scheduled examination and may waive recovery of the fee in

24  case of hardship.

25         Section 24.  Subsection (1) of section 471.025, Florida

26  Statutes, is amended to read:

27         471.025  Seals.--

28         (1)  The board shall prescribe, by rule, the forms a

29  form of seals seal to be used by registrants holding valid

30  certificates of registration. Each registrant shall obtain at

31  least one an impression-type metal seal in the form approved

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  by board rule aforesaid and may, in addition, register his or

  2  her seal electronically in accordance with ss. 282.70-282.75.

  3  All final drawings, specifications, plans, reports, or

  4  documents prepared or issued by the registrant and being filed

  5  for public record and all final bid documents provided to the

  6  owner or the owner's representative shall be signed by the

  7  registrant, dated, and stamped with said seal. Such signature,

  8  date, and seal shall be evidence of the authenticity of that

  9  to which they are affixed.  Drawings, specifications, plans,

10  reports, final bid documents, or documents prepared or issued

11  by a registrant may be transmitted electronically and may be

12  signed by the registrant, dated, and stamped electronically

13  with said seal in accordance with ss. 282.70-282.75.

14         Section 25.  Section 472.001, Florida Statutes, is

15  amended to read:

16         472.001  Purpose.--The Legislature deems it necessary

17  to regulate surveyors and mappers as provided in this chapter

18  ss. 472.001-472.041.

19         Section 26.  Section 472.003, Florida Statutes, is

20  amended to read:

21         472.003  Exemptions Persons not affected by ss.

22  472.001-472.041.--This chapter does Sections 472.001-472.041

23  do not apply to:

24         (1)  Any surveyor and mapper working as a salaried

25  employee of the United States Government when engaged in work

26  solely for the United States Government.

27         (2)  A registered professional engineer who takes or

28  contracts for professional surveying and mapping services

29  incidental to her or his practice of engineering and who

30  delegates such surveying and mapping services to a registered

31  professional surveyor and mapper qualified within her or his

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  firm or contracts for such professional surveying and mapping

  2  services to be performed by others who are registered

  3  professional surveyors and mappers under this chapter the

  4  provisions of ss. 472.001-472.041.

  5         (3)  The following persons when performing construction

  6  layout from boundary, horizontal, and vertical controls that

  7  have been established by a registered professional surveyor

  8  and mapper:

  9         (a)  Contractors performing work on bridges, roads,

10  streets, highways, or railroads, or utilities and services

11  incidental thereto, or employees who are subordinates of such

12  contractors provided that the employee does not hold herself

13  or himself out for hire or engage in such contracting except

14  as an employee;

15         (b)  Certified or registered contractors licensed

16  pursuant to part I of chapter 489 or employees who are

17  subordinates of such contractors provided that the employee

18  does not hold herself or himself out for hire or engage in

19  contracting except as an employee; and

20         (c)  Registered professional engineers licensed

21  pursuant to chapter 471 and employees of a firm, corporation,

22  or partnership who are the subordinates of the registered

23  professional engineer in responsible charge.

24         (4)  Persons employed by county property appraisers, as

25  defined at s. 192.001(3), and persons employed by the

26  Department of Revenue, to prepare maps for property appraisal

27  purposes only, but only to the extent that they perform

28  mapping services which do not include any surveying activities

29  as described in s. 472.005(4)(a) and (b).

30         (5)(a)  Persons who are employees of any state, county,

31  municipal, or other governmental unit of this state and who

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  are the subordinates of a person in responsible charge

  2  registered under this chapter, to the extent that the

  3  supervision meets standards adopted by rule of the board, if

  4  any.

  5         (b)  Persons who are employees of any employee leasing

  6  company licensed pursuant to part XI of chapter 468 and who

  7  work as subordinates of a person in responsible charge

  8  registered under this chapter.

  9         (c)  Persons who are employees of an individual

10  registered or legal entity certified under this chapter and

11  who are the subordinates of a person in responsible charge

12  registered under this chapter, to the extent that the

13  supervision meets standards adopted by rule of the board, if

14  any.

15         Section 27.  Section 472.005, Florida Statutes, is

16  amended to read:

17         472.005  Definitions.--As used in this chapter ss.

18  472.001-472.041:

19         (1)  "Board" means the Board of Professional Surveyors

20  and Mappers.

21         (2)  "Department" means the Department of Business and

22  Professional Regulation.

23         (3)  "Surveyor and mapper" includes the term

24  "professional surveyor and mapper" and means a person who is

25  registered to engage in the practice of surveying and mapping

26  under this chapter ss. 472.001-472.041. For the purposes of

27  this subsection statute, a surveyor and mapper means a person

28  who determines and displays the facts of size, shape,

29  topography, tidal datum planes, legal or geodetic location or

30  relation, and orientation of improved or unimproved real

31  

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  property through direct measurement or from certifiable

  2  measurement through accepted photogrammetric procedures.

  3         (4)(a)  "Practice of surveying and mapping" means,

  4  among other things, any professional service or work, the

  5  adequate performance of which involves the application of

  6  special knowledge of the principles of mathematics, the

  7  related physical and applied sciences, and the relevant

  8  requirements of law for adequate evidence of the act of

  9  measuring, locating, establishing, or reestablishing lines,

10  angles, elevations, natural and manmade features in the air,

11  on the surface and immediate subsurface of the earth, within

12  underground workings, and on the beds or surface of bodies of

13  water, for the purpose of determining, establishing,

14  describing, displaying, or interpreting the facts of size,

15  shape, topography, tidal datum planes, legal or geodetic

16  location or relocation, and orientation of improved or

17  unimproved real property and appurtenances thereto, including

18  acreage and condominiums.

19         (b)  The practice of surveying and mapping also

20  includes, but is not limited to, photogrammetric control; the

21  monumentation and remonumentation of property boundaries and

22  subdivisions; the measurement of and preparation of plans

23  showing existing improvements after construction; the layout

24  of proposed improvements; the preparation of descriptions for

25  use in legal instruments of conveyance of real property and

26  property rights; the preparation of subdivision planning maps

27  and record plats, as provided for in chapter 177; the

28  determination of, but not the design of, grades and elevations

29  of roads and land in connection with subdivisions or divisions

30  of land; and the creation and perpetuation of alignments

31  related to maps, record plats, field note records, reports,

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  property descriptions, and plans and drawings that represent

  2  them.

  3         (5)  The term "Surveyor and mapper intern" includes the

  4  term "surveyor-mapper-in-training" and means a person who

  5  complies with the requirements of this chapter provided by ss.

  6  472.001-472.041 and who has passed an examination as provided

  7  by rules adopted by the board.

  8         (6)  The term "Responsible charge" means direct control

  9  and personal supervision of surveying and mapping work, but

10  does not include experience as a chainperson, rodperson,

11  instrumentperson, ordinary draftsperson, digitizer, scriber,

12  photo lab technician, ordinary stereo plotter operator, aerial

13  photo pilot, photo interpreter, and other positions of routine

14  work.

15         (7)  The term "License" means the registration of

16  surveyors and mappers or the certification of businesses to

17  practice surveying and mapping in this state.

18         (8)  "Photogrammetric mapper" means any person who

19  engages in the practice of surveying and mapping using aerial

20  or terrestrial photography or other sources of images.

21         (9)  "Employee" means a person who receives

22  compensation from and is under the supervision and control of

23  an employer who regularly deducts the F.I.C.A. and withholding

24  tax and provides workers' compensation, all as prescribed by

25  law.

26         (10)  "Subordinate" means an employee who performs work

27  under the direction, supervision, and responsible charge of a

28  person who is registered under this chapter.

29         (11)  "Monument" means an artificial or natural object

30  that is permanent or semipermanent and used or presumed to

31  occupy any real property corner, any point on a boundary line,

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  or any reference point or other point to be used for

  2  horizontal or vertical control.

  3         (12)  "Legal entity" means a corporation, partnership,

  4  association, or person practicing under a fictitious name who

  5  is certified under s. 472.021.

  6         Section 28.  Subsection (1) of section 472.011, Florida

  7  Statutes, is amended to read:

  8         472.011  Fees.--

  9         (1)  The board, by rule, may establish fees to be paid

10  for applications, examination, reexamination, licensing and

11  renewal, inactive status application and reactivation of

12  inactive licenses, recordmaking and recordkeeping, and

13  applications for providers of continuing education. The board

14  may also establish by rule a delinquency fee. The board shall

15  establish fees that are adequate to ensure the continued

16  operation of the board. Fees shall be based on department

17  estimates of the revenue required to implement this chapter

18  ss. 472.001-472.041 and the provisions of law with respect to

19  the regulation of surveyors and mappers.

20         Section 29.  Subsection (4) of section 472.015, Florida

21  Statutes, is amended to read:

22         472.015  Licensure.--

23         (4)  The department shall not issue a license by

24  endorsement to any applicant who is under investigation in

25  another state for any act that would constitute a violation of

26  this chapter ss. 472.001-472.041 or chapter 455 until such

27  time as the investigation is complete and disciplinary

28  proceedings have been terminated.

29         Section 30.  Subsection (1) of section 472.021, Florida

30  Statutes, is amended to read:

31  

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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  

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  services performed by reason of his or her employment or

  2  relationship with a corporation or partnership.

  3         Section 31.  Section 472.027, Florida Statutes, is

  4  amended to read:

  5         472.027  Minimum technical standards for surveying and

  6  mapping.--The board shall adopt rules relating to the practice

  7  of surveying and mapping which establish minimum technical

  8  standards to ensure the achievement of no less than minimum

  9  degrees of accuracy, completeness, and quality in order to

10  assure adequate and defensible real property boundary

11  locations and other pertinent information provided by

12  surveyors and mappers under the authority of this chapter ss.

13  472.001-472.041.

14         Section 32.  Section 472.029, Florida Statutes, is

15  amended to read:

16         472.029  Authorization Surveyors and mappers authorized

17  to enter lands of third parties; under certain

18  conditions.--Surveyors and mappers and their subordinates may

19  go on, over, and upon the lands of others when necessary to

20  make surveys and maps or to search for, uncover, locate, or

21  set monuments, and, in so doing, may carry with them their

22  agents and employees necessary for that purpose. Entry under

23  the right hereby granted does not constitute trespass, and

24  surveyors and mappers and their subordinates and duly

25  authorized agents or employees so entering are not liable to

26  arrest or to a civil action by reason of such entry as long as

27  the entering is in compliance with all federal, state, and

28  local regulations pertaining to premises security,

29  agricultural protections, and other health and safety

30  requirements.; However, this section does not give authority

31  to registrants, subordinates, agents, or employees to destroy,

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  injure, damage, or otherwise move any physical improvements

  2  anything on lands of another without the written permission of

  3  the landowner. No landowner shall be liable to any third party

  4  for any civil or criminal act, or any damages, which result in

  5  whole or in part through the negligent or intentional conduct

  6  of any person regulated by this section. If a landowner is

  7  given at least 72 hours' written notice of entry, the duty of

  8  care owed to those regulated by this section shall be that due

  9  to a licensee under this chapter; however, if no such notice

10  is given, the landowner's duty of care shall be that due to an

11  unforeseen trespasser.

12         Section 33.  Subsection (5) of section 810.12, Florida

13  Statutes, is amended to read:

14         810.12  Unauthorized entry on land; prima facie

15  evidence of trespass.--

16         (5)  However, this section shall not apply to any

17  official or employee of the state or a county, municipality,

18  or other governmental agency now authorized by law to enter

19  upon lands or to registered engineers, and surveyors and

20  mappers, and other persons authorized to enter lands pursuant

21  to ss. 471.027 and 472.029. The provisions of this section

22  shall not apply to the trimming or cutting of trees or timber

23  by municipal or private public utilities, or their employees,

24  contractors, or subcontractors, when such trimming is required

25  for the establishment or maintenance of the service furnished

26  by any such utility.

27         Section 34.  Subsection (1) of section 472.031, Florida

28  Statutes, is amended to read:

29         472.031  Prohibitions; penalties.--

30         (1)  No person shall:

31  

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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 35.  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 36.  Section 476.014, Florida Statutes, is

31  amended to read:

                                  47

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         476.014  Short title.--This chapter act may be cited as

  2  the "Barbers' Act."

  3         Section 37.  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 38.  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)  Three Five members of the board must shall be

31  licensed barbers who have practiced the occupation of

                                  48

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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 the remaining member

  4  must two members of the board shall be a resident citizens of

  5  the state who is are not presently a licensed barber or

  6  cosmetologist barbers. No person may shall be appointed to the

  7  board who is in any way connected with the manufacture,

  8  rental, or wholesale distribution of barber or cosmetology

  9  equipment and supplies.

10         (3)  As the terms of the members expire, the Governor

11  shall appoint successors for terms of 4 years; and such

12  members shall serve until their successors are appointed and

13  qualified. The Governor may remove any member for cause.

14         (4)  No person may shall be appointed to serve more

15  than two consecutive terms.  Any vacancy shall be filled by

16  appointment by the Governor for the unexpired portion of the

17  term.

18         (5)  Each board member shall receive $50 per day, up to

19  a maximum of $2,000 per year, for time spent on board

20  business, plus per diem and mileage allowances as provided in

21  s. 112.061 from the place of her or his residence to the place

22  of meeting and the return therefrom.

23         (6)  Before beginning duties as a board member, each

24  appointee must take the constitutional oath of office and file

25  it with the Department of State, which shall issue to such

26  member a certificate of appointment.

27         (7)  The board shall, each January, elect from among

28  its members a chair and a vice chair.

29         (8)  The board shall hold such meetings during the year

30  as necessary, one of which shall be the annual meeting. The

31  

                                  49

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  chair may call other meetings. A quorum shall consist of not

  2  fewer than four members.

  3         (9)(6)  Each board member shall be held accountable to

  4  the Governor for the proper performance of all duties and

  5  obligations of such board member's office.  The Governor shall

  6  cause to be investigated any complaints or unfavorable reports

  7  received concerning the actions of the board or its individual

  8  members and shall take appropriate action thereon, which may

  9  include removal of any board member for malfeasance,

10  misfeasance, neglect of duty, commission of a felony,

11  drunkenness, incompetency, or permanent inability to perform

12  her or his official duties.

13         Section 39.  Section 476.064, Florida Statutes, is

14  amended to read:

15         476.064  Organization; headquarters; personnel;

16  meetings.--

17         (1)  The board shall annually elect a chair and a vice

18  chair from its number. The board shall maintain its

19  headquarters in Tallahassee.

20         (2)  The department shall appoint or employ such

21  personnel as may be necessary to assist the board in

22  exercising the powers and performing the duties and

23  obligations set forth in this chapter act. Such personnel need

24  not be licensed barbers or cosmetologists and shall not be

25  members of the board.  Such personnel shall be authorized to

26  do and perform such duties and work as may be assigned by the

27  board.

28         (3)  The board shall hold an annual meeting and such

29  other meetings during the year as it may determine to be

30  necessary. The chair of the board may call other meetings at

31  

                                  50

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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 40.  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 41.  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 42.  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  

                                  51

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (b)  Engage in willful or repeated violations of this

  2  chapter act or of any of the rules adopted by the board.

  3         Section 43.  Subsections (1) and (3) of section

  4  476.214, Florida Statutes, are amended to read:

  5         476.214  Grounds for suspending, revoking, or refusing

  6  to grant license or certificate.--

  7         (1)  The board shall have the power to revoke or

  8  suspend any license, registration card, or certificate of

  9  registration issued pursuant to this chapter act, or to

10  reprimand, censure, deny subsequent licensure of, or otherwise

11  discipline any holder of a license, registration card, or

12  certificate of registration issued pursuant to this chapter

13  act, for any of the following causes:

14         (a)  Gross malpractice or gross incompetency in the

15  practice of barbering;

16         (b)  Practice by a person knowingly having an

17  infectious or contagious disease; or

18         (c)  Commission of any of the offenses described in s.

19  476.194.

20         (3)  The board shall keep a record of its disciplinary

21  proceedings against holders of licenses or certificates of

22  registration issued pursuant to this chapter act.

23         Section 44.  Section 476.234, Florida Statutes, is

24  amended to read:

25         476.234  Civil proceedings.--In addition to any other

26  remedy, the department may file a proceeding in the name of

27  the state seeking issuance of a restraining order, injunction,

28  or writ of mandamus against any person who is or has been

29  violating any of the provisions of this chapter act or the

30  lawful rules or orders of the board, commission, or

31  department.

                                  52

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         Section 45.  Subsection (1) of section 477.013, Florida

  2  Statutes, is amended to read:

  3         477.013  Definitions.--As used in this chapter:

  4         (1)  "Board" means the Board of Barbering and

  5  Cosmetology.

  6         Section 46.  Section 477.015, Florida Statutes, is

  7  repealed.

  8         Section 47.  The Barbers' Board created pursuant to

  9  section 476.054, Florida Statutes, and the Board of

10  Cosmetology created pursuant to section 477.015, Florida

11  Statutes, are abolished. All rules of the Barbers' Board and

12  the Board of Cosmetology in effect on the effective date of

13  this act shall remain in full force and shall become rules of

14  the Board of Barbering and Cosmetology.

15         Section 48.  The Board of Barbering and Cosmetology is

16  created by this act by the amendment of section 476.054,

17  Florida Statutes, and the repeal of section 477.015, Florida

18  Statutes. Appointments to this board are new and shall be made

19  by the Governor, subject to confirmation by the Senate, for

20  initial terms of 4 years or less so that no more than two

21  terms expire in any one year. The board shall assume

22  responsibilities for the regulation of barbering pursuant to

23  chapter 476, Florida Statutes, and the regulation of

24  cosmetology pursuant to chapter 477, Florida Statutes, as

25  provided in those chapters.

26         Section 49.  The Board of Barbering and Cosmetology

27  shall be replaced as the party of interest for any legal

28  actions naming the Barbers' Board or the Board of Cosmetology

29  as a party.

30         Section 50.  Subsection (7) of section 477.019, Florida

31  Statutes, is amended to read:

                                  53

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         477.019  Cosmetologists; qualifications; licensure;

  2  supervised practice; license renewal; endorsement; continuing

  3  education.--

  4         (7)(a)  The board shall prescribe by rule continuing

  5  education requirements intended to ensure protection of the

  6  public through updated training of licensees and registered

  7  specialists, not to exceed 16 hours biennially, as a condition

  8  for renewal of a license or registration as a specialist under

  9  this chapter. Continuing education courses shall include, but

10  not be limited to, the following subjects as they relate to

11  the practice of cosmetology:  human immunodeficiency virus and

12  acquired immune deficiency syndrome; Occupational Safety and

13  Health Administration regulations; workers' compensation

14  issues; state and federal laws and rules as they pertain to

15  cosmetologists, cosmetology, salons, specialists, specialty

16  salons, and booth renters; chemical makeup as it pertains to

17  hair, skin, and nails; and environmental issues. Courses given

18  at cosmetology conferences may be counted toward the number of

19  continuing education hours required if approved by the board.

20         (b)  Any person whose occupation or practice is

21  confined solely to hair braiding, hair wrapping, or body

22  wrapping is exempt from the continuing education requirements

23  of this subsection.

24         (c)  The board may, by rule, require any licensee in

25  violation of a continuing education requirement to take a

26  refresher course or refresher course and examination in

27  addition to any other penalty. The number of hours for the

28  refresher course may not exceed 48 hours.

29         Section 51.  Subsection (1) of section 477.026, Florida

30  Statutes, is amended to read:

31         477.026  Fees; disposition.--

                                  54

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (1)  The board shall set fees according to the

  2  following schedule:

  3         (a)  For cosmetologists, fees for original licensing,

  4  license renewal, and delinquent renewal shall not exceed $25.

  5         (b)  For cosmetologists, fees for endorsement

  6  application, examination, and reexamination shall not exceed

  7  $50.

  8         (c)  For cosmetology and specialty salons, fees for

  9  license application, original licensing, license renewal, and

10  delinquent renewal shall not exceed $50.

11         (d)  For specialists, fees for application and

12  endorsement registration shall not exceed $30.

13         (e)  For specialists, fees for initial registration,

14  registration renewal, and delinquent renewal shall not exceed

15  $50.

16         (f)  For hair braiders, hair wrappers, and body

17  wrappers, fees for initial registration, registration renewal,

18  and delinquent renewal shall not exceed $25.

19         Section 52.  Subsection (1) of section 481.209, Florida

20  Statutes, is amended to read:

21         481.209  Examinations.--

22         (1)  A person desiring to be licensed as a registered

23  architect shall apply to the department to take the licensure

24  examination. The department shall administer the licensure

25  examination for architects to each applicant who the board

26  certifies:

27         (a)  Has completed the application form and remitted a

28  nonrefundable application fee and an examination fee which is

29  refundable if the applicant is found to be ineligible to take

30  the examination;

31  

                                  55

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (b)1.  Has successfully completed all architectural

  2  curriculum courses required by and Is a graduate of a school

  3  or college of architecture accredited by the National

  4  Architectural Accreditation Board; or

  5         2.  Is a graduate of an approved architectural

  6  curriculum, evidenced by a degree from an unaccredited school

  7  or college of architecture approved by the board. The board

  8  shall adopt rules providing for the review and approval of

  9  unaccredited schools and colleges of architecture and courses

10  of architectural study based on a review and inspection by the

11  board of the curriculum of accredited schools and colleges of

12  architecture in the United States, including those schools and

13  colleges accredited by the National Architectural

14  Accreditation Board; and

15         (c)  Has completed, prior to examination, 1 year of the

16  internship experience required by s. 481.211(1).

17         Section 53.  Section 481.223, Florida Statutes, is

18  amended to read:

19         481.223  Prohibitions; penalties; injunctive relief.--

20         (1)  A person may not knowingly:

21         (a)  Practice architecture unless the person is an

22  architect or a registered architect;

23         (b)  Practice interior design unless the person is a

24  registered interior designer unless otherwise exempted herein;

25         (c)  Use the name or title "architect" or "registered

26  architect," or "interior designer" or "registered interior

27  designer," or words to that effect, when the person is not

28  then the holder of a valid license issued pursuant to this

29  part;

30         (d)  Present as his or her own the license of another;

31  

                                  56

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (e)  Give false or forged evidence to the board or a

  2  member thereof;

  3         (f)  Use or attempt to use an architect or interior

  4  designer license that has been suspended, revoked, or placed

  5  on inactive or delinquent status;

  6         (g)  Employ unlicensed persons to practice architecture

  7  or interior design; or

  8         (h)  Conceal information relative to violations of this

  9  part.

10         (2)  Any person who violates any provision of

11  subsection (1) this section commits a misdemeanor of the first

12  degree, punishable as provided in s. 775.082 or s. 775.083.

13         (3)(a)  Notwithstanding chapter 455 or any other

14  provision of law to the contrary, an affected person may

15  maintain an action for injunctive relief to restrain or

16  prevent a person from violating paragraph (1)(a), paragraph

17  (1)(b), or paragraph (1)(c). The prevailing party shall be

18  entitled to actual costs and attorney's fees.

19         (b)  For purposes of this subsection, "affected person"

20  means a person directly affected by the actions of a person

21  suspected of violating paragraph (1)(a), paragraph (1)(b), or

22  paragraph (1)(c) and includes, but is not limited to, the

23  department, any person who received services from the alleged

24  violator, or any private association composed primarily of

25  members of the profession the alleged violator is practicing

26  or offering to practice or holding himself or herself out as

27  qualified to practice.

28         Section 54.  Effective July 1, 2001, subsection (2) of

29  section 489.107, Florida Statutes, is amended, and subsection

30  (7) is added to said section, to read:

31         489.107  Construction Industry Licensing Board.--

                                  57

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (2)  The board shall consist of 16 18 members, of whom:

  2         (a)  Four are primarily engaged in business as general

  3  contractors;

  4         (b)  Three are primarily engaged in business as

  5  building contractors or residential contractors, however, at

  6  least one building contractor and one residential contractor

  7  shall be appointed;

  8         (c)  One is primarily engaged in business as a roofing

  9  contractor;

10         (d)  One is primarily engaged in business as a sheet

11  metal contractor;

12         (e)  One is primarily engaged in business as an

13  air-conditioning contractor;

14         (f)  One is primarily engaged in business as a

15  mechanical contractor;

16         (g)  One is primarily engaged in business as a pool

17  contractor;

18         (h)  One is primarily engaged in business as a plumbing

19  contractor;

20         (i)  One is primarily engaged in business as an

21  underground utility and excavation contractor;

22         (j)  Notwithstanding the provisions of s. 20.165(6),

23  one is a Two are consumer member members who is are not, and

24  has have never been, a member members or practitioner

25  practitioners of a profession regulated by the board or a

26  member members of any closely related profession; and

27         (k)  One is a Two are building official officials of a

28  municipality or county.

29         (7)  After July 1, 2001, notwithstanding the provisions

30  of s. 20.165(7), the offices of the board shall be located in

31  Leon County. After October 1, 2001, funds may not be expended

                                  58

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  to continue the lease of office space in Duval County for

  2  purposes of this section and part.

  3         Section 55.  Section 489.1133, Florida Statutes, is

  4  created to read:

  5         489.1133  Temporary certificate or registration.--The

  6  department may issue a temporary certificate or registration

  7  to any applicant who has submitted a completed application and

  8  who appears to meet all qualifications for certification or

  9  registration, pending final approval of the application and

10  the granting of a permanent certificate or registration by the

11  board. If the board determines that the applicant does not

12  meet all of the requirements for certification or registration

13  under this part, the board shall, upon notifying the applicant

14  of his or her failure to qualify, revoke the applicant's

15  temporary certificate or registration.

16         Section 56.  Paragraph (b) of subsection (4) of section

17  489.115, Florida Statutes, as amended by chapters 98-287 and

18  2000-141, Laws of Florida, is amended to read:

19         489.115  Certification and registration; endorsement;

20  reciprocity; renewals; continuing education.--

21         (4)

22         (b)1.  Each certificateholder or registrant shall

23  provide proof, in a form established by rule of the board,

24  that the certificateholder or registrant has completed at

25  least 14 classroom hours of at least 50 minutes each of

26  continuing education courses during each biennium since the

27  issuance or renewal of the certificate or registration.  The

28  board shall establish by rule that a portion of the required

29  14 hours must deal with the subject of workers' compensation,

30  business practices, and workplace safety.  The board shall by

31  rule establish criteria for the approval of continuing

                                  59

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  education courses and providers, including requirements

  2  relating to the content of courses and standards for approval

  3  of providers, and may by rule establish criteria for accepting

  4  alternative nonclassroom continuing education on an

  5  hour-for-hour basis.  The board shall prescribe by rule the

  6  continuing education, if any, which is required during the

  7  first biennium of initial licensure.  A person who has been

  8  licensed for less than an entire biennium must not be required

  9  to complete the full 14 hours of continuing education.

10         2.  In addition, the board may approve specialized

11  continuing education courses on compliance with the wind

12  resistance provisions for one and two family dwellings

13  contained in the Florida Building Code and any alternate

14  methodologies for providing such wind resistance which have

15  been approved for use by the Florida Building Commission.

16  Contractors defined in s. 489.105(3)(a)-(c) Division I

17  certificateholders or registrants who demonstrate proficiency

18  upon completion of such specialized courses may certify plans

19  and specifications for one and two family dwellings to be in

20  compliance with the code or alternate methodologies, as

21  appropriate, except for dwellings located in floodways or

22  coastal hazard areas as defined in ss. 60.3D and E of the

23  National Flood Insurance Program.

24         3.  Each certificateholder or registrant shall provide

25  to the board proof of completion of the core curriculum

26  courses, or passing the equivalency test of the Building Code

27  Training Program established under s. 553.841, specific to the

28  licensing category sought, within 2 years after commencement

29  of the program or of initial certification or registration,

30  whichever is later.  Classroom hours spent taking core

31  curriculum courses shall count toward the number required for

                                  60

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  renewal of certificates or registration.  A certificateholder

  2  or registrant who passes the equivalency test in lieu of

  3  taking the core curriculum courses shall receive full credit

  4  for core curriculum course hours.

  5         4.  The board shall require, by rule adopted pursuant

  6  to ss. 120.536(1) and 120.54, a specified number of hours in

  7  specialized or advanced module courses, approved by the

  8  Florida Building Commission, on any portion of the Florida

  9  Building Code, adopted pursuant to part VII of chapter 553,

10  relating to the contractor's respective discipline.

11         Section 57.  Subsection (1) of section 489.118, Florida

12  Statutes, is amended to read:

13         489.118  Certification of registered contractors;

14  grandfathering provisions.--The board shall, upon receipt of a

15  completed application and appropriate fee, issue a certificate

16  in the appropriate category to any contractor registered under

17  this part who makes application to the board and can show that

18  he or she meets each of the following requirements:

19         (1)  Currently holds a valid registered local license

20  in one of the contractor categories defined in s.

21  489.105(3)(a)-(p) or holds a valid registered local specialty

22  license which substantially corresponds to a type of specialty

23  contractor recognized for state certification pursuant to

24  board rule under s. 489.113(6).

25         Section 58.  Subsection (6) of section 489.507, Florida

26  Statutes, is repealed.

27         Section 59.  The Electrical Contractors' Licensing

28  Board shall review its operations and its regular board

29  meeting lengths and locations and develop a plan to reduce its

30  annual operating budget by $25,000, and shall submit the plan

31  

                                  61

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  to the Department of Business and Professional Regulation by

  2  January 1, 2002.

  3         Section 60.  Subsection (6) of section 489.511, Florida

  4  Statutes, is amended to read:

  5         489.511  Certification; application; examinations;

  6  endorsement.--

  7         (6)  The board shall certify as qualified for

  8  certification by endorsement any individual who applies from a

  9  state that has a mutual reciprocity endorsement agreement with

10  the board and applying for certification who:

11         (a)  meets the requirements for certification as set

12  forth in this section; has passed a national, regional, state,

13  or United States territorial licensing examination that is

14  substantially equivalent to the examination required by this

15  part; and has satisfied the requirements set forth in s.

16  489.521.; or

17         (b)  Holds a valid license to practice electrical or

18  alarm system contracting issued by another state or territory

19  of the United States, if the criteria for issuance of such

20  license was substantially equivalent to the certification

21  criteria that existed in this state at the time the

22  certificate was issued.

23         Section 61.  Subsection (5) of section 498.005, Florida

24  Statutes, is amended to read:

25         498.005  Definitions.--As used in this chapter, unless

26  the context otherwise requires, the term:

27         (5)  "Division" means the Division of Real Estate

28  Florida Land Sales, Condominiums, and Mobile Homes of the

29  Department of Business and Professional Regulation.

30         Section 62.  Section 498.019, Florida Statutes, is

31  amended to read:

                                  62

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         498.019  Professional Regulation Division of Florida

  2  Land Sales, Condominiums, and Mobile Homes Trust Fund.--

  3         (1)  There is created within the State Treasury the

  4  Division of Florida Land Sales, Condominiums, and Mobile Homes

  5  Trust Fund to be used for the administration and operation of

  6  this chapter and chapters 718, 719, 721, and 723 by the

  7  division.

  8         (2)  All moneys collected by the division from fees,

  9  fines, or penalties or from costs awarded to the division by a

10  court shall be paid into the Professional Regulation Division

11  of Florida Land Sales, Condominiums, and Mobile Homes Trust

12  Fund to be used to administer and enforce this chapter and

13  rules adopted thereunder. The department shall maintain a

14  separate account in the trust fund and shall administer the

15  account pursuant to s. 455.219.  The Legislature shall

16  appropriate funds from this trust fund sufficient to carry out

17  the provisions of this chapter and the provisions of law with

18  respect to each category of business covered by this trust

19  fund.  The division shall maintain separate revenue accounts

20  in the trust fund for each of the businesses regulated by the

21  division.  The division shall provide for the proportionate

22  allocation among the accounts of expenses incurred by the

23  division in the performance of its duties with respect to each

24  of these businesses.  As part of its normal budgetary process,

25  the division shall prepare an annual report of revenue and

26  allocated expenses related to the operation of each of these

27  businesses which may be used to determine fees charged by the

28  division.  This subsection shall operate pursuant to the

29  provisions of s. 215.20.

30         Section 63.  Subsection (5) of section 498.049, Florida

31  Statutes, is amended to read:

                                  63

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         498.049  Suspension; revocation; civil penalties.--

  2         (5)  Each person who materially participates in any

  3  offer or disposition of any interest in subdivided lands in

  4  violation of this chapter or relevant rules involving fraud,

  5  deception, false pretenses, misrepresentation, or false

  6  advertising or the disposition, concealment, or diversion of

  7  any funds or assets of any person which adversely affects the

  8  interests of a purchaser of any interest in subdivided lands,

  9  and who directly or indirectly controls a subdivider or is a

10  general partner, officer, director, agent, or employee of a

11  subdivider shall also be liable under this subsection jointly

12  and severally with and to the same extent as the subdivider,

13  unless that person did not know, and in the exercise of

14  reasonable care could not have known, of the existence of the

15  facts creating the alleged liability.  Among these persons a

16  right of contribution shall exist, except that a creditor of a

17  subdivider shall not be jointly and severally liable unless

18  the creditor has assumed managerial or fiduciary

19  responsibility in a manner related to the basis for the

20  liability of the subdivider under this subsection.  Civil

21  penalties shall be limited to $10,000 for each offense, and

22  all amounts collected shall be deposited with the Treasurer to

23  the credit of the Professional Regulation Division of Florida

24  Land Sales, Condominiums, and Mobile Homes Trust Fund. No

25  order requiring the payment of a civil penalty shall become

26  effective until 20 days after the date of the order, unless

27  otherwise agreed in writing by the person on whom the penalty

28  is imposed.

29         Section 64.  Subsection (2) of section 190.009, Florida

30  Statutes, is amended to read:

31         190.009  Disclosure of public financing.--

                                  64

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (2)  The Division of Real Estate Florida Land Sales,

  2  Condominiums, and Mobile Homes of the Department of Business

  3  and Professional Regulation shall ensure that disclosures made

  4  by developers pursuant to chapter 498 meet the requirements of

  5  subsection (1).

  6         Section 65.  The regulation of land sales pursuant to

  7  chapter 498, Florida Statutes, shall remain under the

  8  Department of Business and Professional Regulation but is

  9  reassigned from the Division of Florida Land Sales,

10  Condominiums, and Mobile Homes to the Division of Real Estate.

11  All funds collected by the department pursuant to this

12  regulation and all funds in the account created within the

13  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

14  for the purpose of this regulation shall be deposited in an

15  account created within the Professional Regulation Trust Fund

16  for this same purpose.

17         Section 66.  Subsection (17) of section 718.103,

18  Florida Statutes, is amended to read:

19         718.103  Definitions.--As used in this chapter, the

20  term:

21         (17)  "Division" means the Division of Florida Land

22  Sales, Condominiums, Timeshare, and Mobile Homes of the

23  Department of Business and Professional Regulation.

24         Section 67.  Paragraph (c) of subsection (4) of section

25  718.105, Florida Statutes, is amended to read:

26         718.105  Recording of declaration.--

27         (4)

28         (c)  If the sum of money held by the clerk has not been

29  paid to the developer or association as provided in paragraph

30  (b) by 3 years after the date the declaration was originally

31  recorded, the clerk in his or her discretion may notify, in

                                  65

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  writing, the registered agent of the association that the sum

  2  is still available and the purpose for which it was deposited.

  3  If the association does not record the certificate within 90

  4  days after the clerk has given the notice, the clerk may

  5  disburse the money to the developer. If the developer cannot

  6  be located, the clerk shall disburse the money to the division

  7  of Florida Land Sales, Condominiums, and Mobile Homes for

  8  deposit in the Division of Florida Land Sales, Condominiums,

  9  Timeshare, and Mobile Homes Trust Fund.

10         Section 68.  Subsection (4) of section 718.1255,

11  Florida Statutes, is amended to read:

12         718.1255  Alternative dispute resolution; voluntary

13  mediation; mandatory nonbinding arbitration; legislative

14  findings.--

15         (4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF

16  DISPUTES.--The division of Florida Land Sales, Condominiums,

17  and Mobile Homes of the Department of Business and

18  Professional Regulation shall employ full-time attorneys to

19  act as arbitrators to conduct the arbitration hearings

20  provided by this chapter. The division may also certify

21  attorneys who are not employed by the division to act as

22  arbitrators to conduct the arbitration hearings provided by

23  this section. No person may be employed by the department as a

24  full-time arbitrator unless he or she is a member in good

25  standing of The Florida Bar. The department shall promulgate

26  rules of procedure to govern such arbitration hearings

27  including mediation incident thereto.  The decision of an

28  arbitrator shall be final; however, such a decision shall not

29  be deemed final agency action. Nothing in this provision shall

30  be construed to foreclose parties from proceeding in a trial

31  de novo unless the parties have agreed that the arbitration is

                                  66

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  binding. If such judicial proceedings are initiated, the final

  2  decision of the arbitrator shall be admissible in evidence in

  3  the trial de novo.

  4         (a)  Prior to the institution of court litigation, a

  5  party to a dispute shall petition the division for nonbinding

  6  arbitration.  The petition must be accompanied by a filing fee

  7  in the amount of $50.  Filing fees collected under this

  8  section must be used to defray the expenses of the alternative

  9  dispute resolution program.

10         (b)  The petition must recite, and have attached

11  thereto, supporting proof that the petitioner gave the

12  respondents:

13         1.  Advance written notice of the specific nature of

14  the dispute;

15         2.  A demand for relief, and a reasonable opportunity

16  to comply or to provide the relief; and

17         3.  Notice of the intention to file an arbitration

18  petition or other legal action in the absence of a resolution

19  of the dispute.

20  

21  Failure to include the allegations or proof of compliance with

22  these prerequisites requires dismissal of the petition without

23  prejudice.

24         (c)  Upon receipt, the petition shall be promptly

25  reviewed by the division to determine the existence of a

26  dispute and compliance with the requirements of paragraphs (a)

27  and (b).  If emergency relief is required and is not available

28  through arbitration, a motion to stay the arbitration may be

29  filed.  The motion must be accompanied by a verified petition

30  alleging facts that, if proven, would support entry of a

31  temporary injunction, and if an appropriate motion and

                                  67

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  supporting papers are filed, the division may abate the

  2  arbitration pending a court hearing and disposition of a

  3  motion for temporary injunction.

  4         (d)  Upon determination by the division that a dispute

  5  exists and that the petition substantially meets the

  6  requirements of paragraphs (a) and (b) and any other

  7  applicable rules, a copy of the petition shall forthwith be

  8  served by the division upon all respondents.

  9         (e)  Either before or after the filing of the

10  respondents' answer to the petition, any party may request

11  that the arbitrator refer the case to mediation under this

12  section and any rules adopted by the division.  Upon receipt

13  of a request for mediation, the division shall promptly

14  contact the parties to determine if there is agreement that

15  mediation would be appropriate.  If all parties agree, the

16  dispute must be referred to mediation. Notwithstanding a lack

17  of an agreement by all parties, the arbitrator may refer a

18  dispute to mediation at any time.

19         (f)  Upon referral of a case to mediation, the parties

20  must select a mutually acceptable mediator.  To assist in the

21  selection, the arbitrator shall provide the parties with a

22  list of both volunteer and paid mediators that have been

23  certified by the division under s. 718.501.  If the parties

24  are unable to agree on a mediator within the time allowed by

25  the arbitrator, the arbitrator shall appoint a mediator from

26  the list of certified mediators.  If a case is referred to

27  mediation, the parties shall attend a mediation conference, as

28  scheduled by the parties and the mediator.  If any party fails

29  to attend a duly noticed mediation conference, without the

30  permission or approval of the arbitrator or mediator, the

31  arbitrator must impose sanctions against the party, including

                                  68

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  the striking of any pleadings filed, the entry of an order of

  2  dismissal or default if appropriate, and the award of costs

  3  and attorneys' fees incurred by the other parties. Unless

  4  otherwise agreed to by the parties or as provided by order of

  5  the arbitrator, a party is deemed to have appeared at a

  6  mediation conference by the physical presence of the party or

  7  its representative having full authority to settle without

  8  further consultation, provided that an association may comply

  9  by having one or more representatives present with full

10  authority to negotiate a settlement and recommend that the

11  board of administration ratify and approve such a settlement

12  within 5 days from the date of the mediation conference. The

13  parties shall share equally the expense of mediation, unless

14  they agree otherwise.

15         (g)  The purpose of mediation as provided for by this

16  section is to present the parties with an opportunity to

17  resolve the underlying dispute in good faith, and with a

18  minimum expenditure of time and resources.

19         (h)  Mediation proceedings must generally be conducted

20  in accordance with the Florida Rules of Civil Procedure, and

21  these proceedings are privileged and confidential to the same

22  extent as court-ordered mediation. Persons who are not parties

23  to the dispute are not allowed to attend the mediation

24  conference without the consent of all parties, with the

25  exception of counsel for the parties and corporate

26  representatives designated to appear for a party.  If the

27  mediator declares an impasse after a mediation conference has

28  been held, the arbitration proceeding terminates, unless all

29  parties agree in writing to continue the arbitration

30  proceeding, in which case the arbitrator's decision shall be

31  either binding or nonbinding, as agreed upon by the parties;

                                  69

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  in the arbitration proceeding, the arbitrator shall not

  2  consider any evidence relating to the unsuccessful mediation

  3  except in a proceeding to impose sanctions for failure to

  4  appear at the mediation conference. If the parties do not

  5  agree to continue arbitration, the arbitrator shall enter an

  6  order of dismissal, and either party may institute a suit in a

  7  court of competent jurisdiction.  The parties may seek to

  8  recover any costs and attorneys' fees incurred in connection

  9  with arbitration and mediation proceedings under this section

10  as part of the costs and fees that may be recovered by the

11  prevailing party in any subsequent litigation.

12         (i)  Arbitration shall be conducted according to rules

13  promulgated by the division. The filing of a petition for

14  arbitration shall toll the applicable statute of limitations.

15         (j)  At the request of any party to the arbitration,

16  such arbitrator shall issue subpoenas for the attendance of

17  witnesses and the production of books, records, documents, and

18  other evidence and any party on whose behalf a subpoena is

19  issued may apply to the court for orders compelling such

20  attendance and production. Subpoenas shall be served and shall

21  be enforceable in the manner provided by the Florida Rules of

22  Civil Procedure. Discovery may, in the discretion of the

23  arbitrator, be permitted in the manner provided by the Florida

24  Rules of Civil Procedure. Rules adopted by the division may

25  authorize any reasonable sanctions except contempt for a

26  violation of the arbitration procedural rules of the division

27  or for the failure of a party to comply with a reasonable

28  nonfinal order issued by an arbitrator which is not under

29  judicial review.

30         (k)  The arbitration decision shall be presented to the

31  parties in writing. An arbitration decision is final in those

                                  70

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  disputes in which the parties have agreed to be bound.  An

  2  arbitration decision is also final if a complaint for a trial

  3  de novo is not filed in a court of competent jurisdiction in

  4  which the condominium is located within 30 days. The right to

  5  file for a trial de novo entitles the parties to file a

  6  complaint in the appropriate trial court for a judicial

  7  resolution of the dispute. The prevailing party in an

  8  arbitration proceeding shall be awarded the costs of the

  9  arbitration and reasonable attorney's fees in an amount

10  determined by the arbitrator. Such an award shall include the

11  costs and reasonable attorney's fees incurred in the

12  arbitration proceeding as well as the costs and reasonable

13  attorney's fees incurred in preparing for and attending any

14  scheduled mediation.

15         (l)  The party who files a complaint for a trial de

16  novo shall be assessed the other party's arbitration costs,

17  court costs, and other reasonable costs, including attorney's

18  fees, investigation expenses, and expenses for expert or other

19  testimony or evidence incurred after the arbitration hearing

20  if the judgment upon the trial de novo is not more favorable

21  than the arbitration decision. If the judgment is more

22  favorable, the party who filed a complaint for trial de novo

23  shall be awarded reasonable court costs and attorney's fees.

24         (m)  Any party to an arbitration proceeding may enforce

25  an arbitration award by filing a petition in a court of

26  competent jurisdiction in which the condominium is located. A

27  petition may not be granted unless the time for appeal by the

28  filing of a complaint for trial de novo has expired. If a

29  complaint for a trial de novo has been filed, a petition may

30  not be granted with respect to an arbitration award that has

31  been stayed. If the petition for enforcement is granted, the

                                  71

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  petitioner shall recover reasonable attorney's fees and costs

  2  incurred in enforcing the arbitration award.  A mediation

  3  settlement may also be enforced through the county or circuit

  4  court, as applicable, and any costs and fees incurred in the

  5  enforcement of a settlement agreement reached at mediation

  6  must be awarded to the prevailing party in any enforcement

  7  action.

  8         Section 69.  Section 718.501, Florida Statutes, is

  9  amended to read:

10         718.501  Powers and duties of Division of Florida Land

11  Sales, Condominiums, Timeshare, and Mobile Homes.--

12         (1)  The Division of Florida Land Sales, Condominiums,

13  Timeshare, and Mobile Homes of the Department of Business and

14  Professional Regulation, referred to as the "division" in this

15  part, in addition to other powers and duties prescribed by

16  chapter 498, has the power to enforce and ensure compliance

17  with the provisions of this chapter and rules adopted

18  promulgated pursuant hereto relating to the development,

19  construction, sale, lease, ownership, operation, and

20  management of residential condominium units. In performing its

21  duties, the division has the following powers and duties:

22         (a)  The division may make necessary public or private

23  investigations within or outside this state to determine

24  whether any person has violated this chapter or any rule or

25  order hereunder, to aid in the enforcement of this chapter, or

26  to aid in the adoption of rules or forms hereunder.

27         (b)  The division may require or permit any person to

28  file a statement in writing, under oath or otherwise, as the

29  division determines, as to the facts and circumstances

30  concerning a matter to be investigated.

31  

                                  72

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (c)  For the purpose of any investigation under this

  2  chapter, the division director or any officer or employee

  3  designated by the division director may administer oaths or

  4  affirmations, subpoena witnesses and compel their attendance,

  5  take evidence, and require the production of any matter which

  6  is relevant to the investigation, including the existence,

  7  description, nature, custody, condition, and location of any

  8  books, documents, or other tangible things and the identity

  9  and location of persons having knowledge of relevant facts or

10  any other matter reasonably calculated to lead to the

11  discovery of material evidence. Upon the failure by a person

12  to obey a subpoena or to answer questions propounded by the

13  investigating officer and upon reasonable notice to all

14  persons affected thereby, the division may apply to the

15  circuit court for an order compelling compliance.

16         (d)  Notwithstanding any remedies available to unit

17  owners and associations, if the division has reasonable cause

18  to believe that a violation of any provision of this chapter

19  or rule promulgated pursuant hereto has occurred, the division

20  may institute enforcement proceedings in its own name against

21  any developer, association, officer, or member of the board of

22  administration, or its assignees or agents, as follows:

23         1.  The division may permit a person whose conduct or

24  actions may be under investigation to waive formal proceedings

25  and enter into a consent proceeding whereby orders, rules, or

26  letters of censure or warning, whether formal or informal, may

27  be entered against the person.

28         2.  The division may issue an order requiring the

29  developer, association, officer, or member of the board of

30  administration, or its assignees or agents, to cease and

31  desist from the unlawful practice and take such affirmative

                                  73

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  action as in the judgment of the division will carry out the

  2  purposes of this chapter. Such affirmative action may include,

  3  but is not limited to, an order requiring a developer to pay

  4  moneys determined to be owed to a condominium association.

  5         3.  The division may bring an action in circuit court

  6  on behalf of a class of unit owners, lessees, or purchasers

  7  for declaratory relief, injunctive relief, or restitution.

  8         4.  The division may impose a civil penalty against a

  9  developer or association, or its assignee or agent, for any

10  violation of this chapter or a rule promulgated pursuant

11  hereto. The division may impose a civil penalty individually

12  against any officer or board member who willfully and

13  knowingly violates a provision of this chapter, a rule adopted

14  pursuant hereto, or a final order of the division. The term

15  "willfully and knowingly" means that the division informed the

16  officer or board member that his or her action or intended

17  action violates this chapter, a rule adopted under this

18  chapter, or a final order of the division and that the officer

19  or board member refused to comply with the requirements of

20  this chapter, a rule adopted under this chapter, or a final

21  order of the division. The division, prior to initiating

22  formal agency action under chapter 120, shall afford the

23  officer or board member an opportunity to voluntarily comply

24  with this chapter, a rule adopted under this chapter, or a

25  final order of the division. An officer or board member who

26  complies within 10 days is not subject to a civil penalty. A

27  penalty may be imposed on the basis of each day of continuing

28  violation, but in no event shall the penalty for any offense

29  exceed $5,000. By January 1, 1998, the division shall adopt,

30  by rule, penalty guidelines applicable to possible violations

31  or to categories of violations of this chapter or rules

                                  74

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  adopted by the division. The guidelines must specify a

  2  meaningful range of civil penalties for each such violation of

  3  the statute and rules and must be based upon the harm caused

  4  by the violation, the repetition of the violation, and upon

  5  such other factors deemed relevant by the division. For

  6  example, the division may consider whether the violations were

  7  committed by a developer or owner-controlled association, the

  8  size of the association, and other factors. The guidelines

  9  must designate the possible mitigating or aggravating

10  circumstances that justify a departure from the range of

11  penalties provided by the rules. It is the legislative intent

12  that minor violations be distinguished from those which

13  endanger the health, safety, or welfare of the condominium

14  residents or other persons and that such guidelines provide

15  reasonable and meaningful notice to the public of likely

16  penalties that may be imposed for proscribed conduct. This

17  subsection does not limit the ability of the division to

18  informally dispose of administrative actions or complaints by

19  stipulation, agreed settlement, or consent order. All amounts

20  collected shall be deposited with the Treasurer to the credit

21  of the Division of Florida Land Sales, Condominiums,

22  Timeshare, and Mobile Homes Trust Fund. If a developer fails

23  to pay the civil penalty, the division shall thereupon issue

24  an order directing that such developer cease and desist from

25  further operation until such time as the civil penalty is paid

26  or may pursue enforcement of the penalty in a court of

27  competent jurisdiction. If an association fails to pay the

28  civil penalty, the division shall thereupon pursue enforcement

29  in a court of competent jurisdiction, and the order imposing

30  the civil penalty or the cease and desist order will not

31  become effective until 20 days after the date of such order.

                                  75

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  Any action commenced by the division shall be brought in the

  2  county in which the division has its executive offices or in

  3  the county where the violation occurred.

  4         (e)  The division is authorized to prepare and

  5  disseminate a prospectus and other information to assist

  6  prospective owners, purchasers, lessees, and developers of

  7  residential condominiums in assessing the rights, privileges,

  8  and duties pertaining thereto.

  9         (f)  The division has authority to adopt rules pursuant

10  to ss. 120.536(1) and 120.54 to implement and enforce the

11  provisions of this chapter.

12         (g)  The division shall establish procedures for

13  providing notice to an association when the division is

14  considering the issuance of a declaratory statement with

15  respect to the declaration of condominium or any related

16  document governing in such condominium community.

17         (h)  The division shall furnish each association which

18  pays the fees required by paragraph (2)(a) a copy of this act,

19  subsequent changes to this act on an annual basis, an amended

20  version of this act as it becomes available from the Secretary

21  of State's office on a biennial basis, and the rules

22  promulgated pursuant thereto on an annual basis.

23         (i)  The division shall annually provide each

24  association with a summary of declaratory statements and

25  formal legal opinions relating to the operations of

26  condominiums which were rendered by the division during the

27  previous year.

28         (j)  The division shall provide training programs for

29  condominium association board members and unit owners.

30         (k)  The division shall maintain a toll-free telephone

31  number accessible to condominium unit owners.

                                  76

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (l)  The division shall develop a program to certify

  2  both volunteer and paid mediators to provide mediation of

  3  condominium disputes. The division shall provide, upon

  4  request, a list of such mediators to any association, unit

  5  owner, or other participant in arbitration proceedings under

  6  s. 718.1255 requesting a copy of the list. The division shall

  7  include on the list of volunteer mediators only the names of

  8  persons who have received at least 20 hours of training in

  9  mediation techniques or who have mediated at least 20

10  disputes. In order to become initially certified by the

11  division, paid mediators must be certified by the Supreme

12  Court to mediate court cases in either county or circuit

13  courts. However, the division may adopt, by rule, additional

14  factors for the certification of paid mediators, which factors

15  must be related to experience, education, or background. Any

16  person initially certified as a paid mediator by the division

17  must, in order to continue to be certified, comply with the

18  factors or requirements imposed by rules adopted by the

19  division.

20         (m)  When a complaint is made, the division shall

21  conduct its inquiry with due regard to the interests of the

22  affected parties. Within 30 days after receipt of a complaint,

23  the division shall acknowledge the complaint in writing and

24  notify the complainant whether the complaint is within the

25  jurisdiction of the division and whether additional

26  information is needed by the division from the complainant.

27  The division shall conduct its investigation and shall, within

28  90 days after receipt of the original complaint or of timely

29  requested additional information, take action upon the

30  complaint. However, the failure to complete the investigation

31  within 90 days does not prevent the division from continuing

                                  77

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  the investigation, accepting or considering evidence obtained

  2  or received after 90 days, or taking administrative action if

  3  reasonable cause exists to believe that a violation of this

  4  chapter or a rule of the division has occurred. If an

  5  investigation is not completed within the time limits

  6  established in this paragraph, the division shall, on a

  7  monthly basis, notify the complainant in writing of the status

  8  of the investigation. When reporting its action to the

  9  complainant, the division shall inform the complainant of any

10  right to a hearing pursuant to ss. 120.569 and 120.57.

11         (2)(a)  Effective January 1, 1992, each condominium

12  association which operates more than two units shall pay to

13  the division an annual fee in the amount of $4 for each

14  residential unit in condominiums operated by the association.

15  If the fee is not paid by March 1, then the association shall

16  be assessed a penalty of 10 percent of the amount due, and the

17  association will not have standing to maintain or defend any

18  action in the courts of this state until the amount due, plus

19  any penalty, is paid.

20         (b)  All fees shall be deposited in the Division of

21  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes

22  Trust Fund as provided by law.

23         (3)  If it appears that a person has violated or is

24  about to violate a provision of this chapter or a division

25  rule or order, the division, with or without prior

26  administrative proceedings, may bring an action in the circuit

27  court to enjoin the violation and to enforce compliance with

28  this chapter or any division rule or order. Upon proper

29  showing, injunctive relief or temporary restraining orders

30  shall be granted, and a receiver or conservator may be

31  appointed. If appointed, the receiver or conservator may take

                                  78

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  action to implement the provisions of the court order, to

  2  ensure the performance of the order, and to remedy any breach

  3  of the order. In addition to all other means provided by law

  4  for the enforcement of an injunction or temporary restraining

  5  order, the circuit court may impound or sequester the property

  6  of a party defendant, including books, papers, documents, and

  7  records pertaining thereto, and allow the examination and use

  8  of such property by the division and a court-appointed

  9  receiver or conservator. The division is not required to post

10  a bond in any court proceedings. Venue for actions or

11  proceedings brought pursuant to this subsection may be laid in

12  any county where the venue is proper under chapter 47 or in

13  Leon County.

14         (4)  In addition to any remedy provided by this

15  chapter, the division may:

16         (a)  Apply to the circuit court for an order of

17  restitution whereby the defendant in an action brought

18  pursuant to subsection (3) shall be ordered to make

19  restitution of those sums shown by the division to have been

20  obtained by the defendant in violation of any of the

21  provisions of this chapter. Such restitution shall, at the

22  option of the court, be payable to the conservator or receiver

23  appointed pursuant to subsection (3) or directly to the

24  persons whose funds or assets were obtained in violation of

25  this chapter.

26         (b)  Seek the imposition of a civil penalty through the

27  circuit court for any violation for which the division may

28  issue a notice to show cause. The civil penalty shall be no

29  less than $500 and no more than $10,000 for each violation.

30  The court may also award to the prevailing party court costs

31  

                                  79

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  and reasonable attorney's fees and, in the event the division

  2  prevails, may also award reasonable costs of investigation.

  3         (5)  A person who furnishes information or evidence to

  4  the division is immune from civil liability unless such person

  5  acts in bad faith or with malice in providing such information

  6  as evidence.

  7         (6)  Any official written report, worksheet, or other

  8  related paper, or a duly certified copy thereof, compiled,

  9  prepared, drafted, or otherwise made and duly authenticated by

10  a financial examiner or analyst employed by the division may

11  be admitted as competent evidence in any hearing in which the

12  financial examiner or analyst is available for

13  cross-examination and attests to under oath that such

14  documents were prepared as a result of an examination or

15  inspection conducted pursuant to the authority of this

16  chapter.

17         (7)  The division may issue a notice to show cause to

18  initiate administrative action to enforce the provisions of

19  this chapter. In addition, the division may issue an order to

20  show cause if it finds that another state or federal agency

21  has taken similar action against the party. The notice to show

22  cause shall provide for a hearing, upon written request, in

23  accordance with chapter 120.

24         (8)  Notice to a developer, association, unit owner, or

25  any other person having duties and obligations under this

26  chapter shall be complete when delivered to the developer,

27  association, unit owner, or the person's address currently on

28  file with the division.

29         (9)  The division may intervene in any suit against a

30  developer or a condominium association concerning violations

31  of any provision of this chapter and the rules promulgated

                                  80

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  thereunder. The developer or association shall promptly

  2  furnish the division a copy of the complaint and, if requested

  3  by the division, copies of all pleadings.

  4         (10)  In addition to the methods of service provided

  5  for in the Florida Rules of Civil Procedure and the Florida

  6  Statutes, the division may effect service of process to a

  7  developer, association, or any other person having duties and

  8  obligations under this chapter by delivering a copy of the

  9  process to the director of the division, which shall be

10  binding upon the defendant or respondent, if:

11         (a)  The division immediately sends a copy of the

12  process and the pleading by certified mail to the defendant or

13  respondent at her or his last known address.

14         (b)  The division director files an affidavit of

15  compliance with this section on or before the return date of

16  the process or within the time set by the court.

17         (11)  The executive offices of the division shall be

18  established and maintained in Tallahassee. The division may

19  establish and maintain branch offices.

20         (12)  The division may adopt a seal by which it shall

21  authenticate its records. Copies of the records of the

22  division, and certificates purporting to relate the facts

23  contained in those records, when authenticated by the seal,

24  shall be prima facie evidence of the records in all the courts

25  of this state.

26         (13)  The powers and duties contained in this section

27  are available to the division in its enforcement of this

28  chapter, chapter 719, chapter 721, and chapter 723.

29         Section 70.  Paragraph (a) of subsection (2) of section

30  718.502, Florida Statutes, is amended to read:

31         718.502  Filing prior to sale or lease.--

                                  81

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (2)(a)  Prior to filing as required by subsection (1),

  2  and prior to acquiring an ownership, leasehold, or contractual

  3  interest in the land upon which the condominium is to be

  4  developed, a developer shall not offer a contract for purchase

  5  of a unit or lease of a unit for more than 5 years. However,

  6  the developer may accept deposits for reservations upon the

  7  approval of a fully executed escrow agreement and reservation

  8  agreement form properly filed with the division of Florida

  9  Land Sales, Condominiums, and Mobile Homes. Each filing of a

10  proposed reservation program shall be accompanied by a filing

11  fee of $250. Reservations shall not be taken on a proposed

12  condominium unless the developer has an ownership, leasehold,

13  or contractual interest in the land upon which the condominium

14  is to be developed.  The division shall notify the developer

15  within 20 days of receipt of the reservation filing of any

16  deficiencies contained therein. Such notification shall not

17  preclude the determination of reservation filing deficiencies

18  at a later date, nor shall it relieve the developer of any

19  responsibility under the law.  The escrow agreement and the

20  reservation agreement form shall include a statement of the

21  right of the prospective purchaser to an immediate unqualified

22  refund of the reservation deposit moneys upon written request

23  to the escrow agent by the prospective purchaser or the

24  developer.

25         Section 71.  Section 718.504, Florida Statutes, is

26  amended to read:

27         718.504  Prospectus or offering circular.--Every

28  developer of a residential condominium which contains more

29  than 20 residential units, or which is part of a group of

30  residential condominiums which will be served by property to

31  be used in common by unit owners of more than 20 residential

                                  82

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  units, shall prepare a prospectus or offering circular and

  2  file it with the division of Florida Land Sales, Condominiums,

  3  and Mobile Homes prior to entering into an enforceable

  4  contract of purchase and sale of any unit or lease of a unit

  5  for more than 5 years and shall furnish a copy of the

  6  prospectus or offering circular to each buyer.  In addition to

  7  the prospectus or offering circular, each buyer shall be

  8  furnished a separate page entitled "Frequently Asked Questions

  9  and Answers," which shall be in accordance with a format

10  approved by the division and a copy of the financial

11  information required by s. 718.111.  This page shall, in

12  readable language, inform prospective purchasers regarding

13  their voting rights and unit use restrictions, including

14  restrictions on the leasing of a unit; shall indicate whether

15  and in what amount the unit owners or the association is

16  obligated to pay rent or land use fees for recreational or

17  other commonly used facilities; shall contain a statement

18  identifying that amount of assessment which, pursuant to the

19  budget, would be levied upon each unit type, exclusive of any

20  special assessments, and which shall further identify the

21  basis upon which assessments are levied, whether monthly,

22  quarterly, or otherwise; shall state and identify any court

23  cases in which the association is currently a party of record

24  in which the association may face liability in excess of

25  $100,000; and which shall further state whether membership in

26  a recreational facilities association is mandatory, and if so,

27  shall identify the fees currently charged per unit type.  The

28  division shall by rule require such other disclosure as in its

29  judgment will assist prospective purchasers. The prospectus or

30  offering circular may include more than one condominium,

31  although not all such units are being offered for sale as of

                                  83

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  the date of the prospectus or offering circular.  The

  2  prospectus or offering circular must contain the following

  3  information:

  4         (1)  The front cover or the first page must contain

  5  only:

  6         (a)  The name of the condominium.

  7         (b)  The following statements in conspicuous type:

  8         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

  9  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM

10  UNIT.

11         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

12  NATURE.  A PROSPECTIVE PURCHASER SHOULD REFER TO ALL

13  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

14  SALES MATERIALS.

15         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

16  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER

17  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

18  CORRECT REPRESENTATIONS.

19         (2)  Summary:  The next page must contain all

20  statements required to be in conspicuous type in the

21  prospectus or offering circular.

22         (3)  A separate index of the contents and exhibits of

23  the prospectus.

24         (4)  Beginning on the first page of the text (not

25  including the summary and index), a description of the

26  condominium, including, but not limited to, the following

27  information:

28         (a)  Its name and location.

29         (b)  A description of the condominium property,

30  including, without limitation:

31  

                                  84

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         1.  The number of buildings, the number of units in

  2  each building, the number of bathrooms and bedrooms in each

  3  unit, and the total number of units, if the condominium is not

  4  a phase condominium, or the maximum number of buildings that

  5  may be contained within the condominium, the minimum and

  6  maximum numbers of units in each building, the minimum and

  7  maximum numbers of bathrooms and bedrooms that may be

  8  contained in each unit, and the maximum number of units that

  9  may be contained within the condominium, if the condominium is

10  a phase condominium.

11         2.  The page in the condominium documents where a copy

12  of the plot plan and survey of the condominium is located.

13         3.  The estimated latest date of completion of

14  constructing, finishing, and equipping.  In lieu of a date,

15  the description shall include a statement that the estimated

16  date of completion of the condominium is in the purchase

17  agreement and a reference to the article or paragraph

18  containing that information.

19         (c)  The maximum number of units that will use

20  facilities in common with the condominium.  If the maximum

21  number of units will vary, a description of the basis for

22  variation and the minimum amount of dollars per unit to be

23  spent for additional recreational facilities or enlargement of

24  such facilities.  If the addition or enlargement of facilities

25  will result in a material increase of a unit owner's

26  maintenance expense or rental expense, if any, the maximum

27  increase and limitations thereon shall be stated.

28         (5)(a)  A statement in conspicuous type describing

29  whether the condominium is created and being sold as fee

30  simple interests or as leasehold interests. If the condominium

31  

                                  85

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  is created or being sold on a leasehold, the location of the

  2  lease in the disclosure materials shall be stated.

  3         (b)  If timeshare estates are or may be created with

  4  respect to any unit in the condominium, a statement in

  5  conspicuous type stating that timeshare estates are created

  6  and being sold in units in the condominium.

  7         (6)  A description of the recreational and other

  8  commonly used facilities that will be used only by unit owners

  9  of the condominium, including, but not limited to, the

10  following:

11         (a)  Each room and its intended purposes, location,

12  approximate floor area, and capacity in numbers of people.

13         (b)  Each swimming pool, as to its general location,

14  approximate size and depths, approximate deck size and

15  capacity, and whether heated.

16         (c)  Additional facilities, as to the number of each

17  facility, its approximate location, approximate size, and

18  approximate capacity.

19         (d)  A general description of the items of personal

20  property and the approximate number of each item of personal

21  property that the developer is committing to furnish for each

22  room or other facility or, in the alternative, a

23  representation as to the minimum amount of expenditure that

24  will be made to purchase the personal property for the

25  facility.

26         (e)  The estimated date when each room or other

27  facility will be available for use by the unit owners.

28         (f)1.  An identification of each room or other facility

29  to be used by unit owners that will not be owned by the unit

30  owners or the association;

31  

                                  86

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         2.  A reference to the location in the disclosure

  2  materials of the lease or other agreements providing for the

  3  use of those facilities; and

  4         3.  A description of the terms of the lease or other

  5  agreements, including the length of the term; the rent

  6  payable, directly or indirectly, by each unit owner, and the

  7  total rent payable to the lessor, stated in monthly and annual

  8  amounts for the entire term of the lease; and a description of

  9  any option to purchase the property leased under any such

10  lease, including the time the option may be exercised, the

11  purchase price or how it is to be determined, the manner of

12  payment, and whether the option may be exercised for a unit

13  owner's share or only as to the entire leased property.

14         (g)  A statement as to whether the developer may

15  provide additional facilities not described above; their

16  general locations and types; improvements or changes that may

17  be made; the approximate dollar amount to be expended; and the

18  maximum additional common expense or cost to the individual

19  unit owners that may be charged during the first annual period

20  of operation of the modified or added facilities.

21  

22  Descriptions as to locations, areas, capacities, numbers,

23  volumes, or sizes may be stated as approximations or minimums.

24         (7)  A description of the recreational and other

25  facilities that will be used in common with other

26  condominiums, community associations, or planned developments

27  which require the payment of the maintenance and expenses of

28  such facilities, either directly or indirectly, by the unit

29  owners.  The description shall include, but not be limited to,

30  the following:

31         (a)  Each building and facility committed to be built.

                                  87

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (b)  Facilities not committed to be built except under

  2  certain conditions, and a statement of those conditions or

  3  contingencies.

  4         (c)  As to each facility committed to be built, or

  5  which will be committed to be built upon the happening of one

  6  of the conditions in paragraph (b), a statement of whether it

  7  will be owned by the unit owners having the use thereof or by

  8  an association or other entity which will be controlled by

  9  them, or others, and the location in the exhibits of the lease

10  or other document providing for use of those facilities.

11         (d)  The year in which each facility will be available

12  for use by the unit owners or, in the alternative, the maximum

13  number of unit owners in the project at the time each of all

14  of the facilities is committed to be completed.

15         (e)  A general description of the items of personal

16  property, and the approximate number of each item of personal

17  property, that the developer is committing to furnish for each

18  room or other facility or, in the alternative, a

19  representation as to the minimum amount of expenditure that

20  will be made to purchase the personal property for the

21  facility.

22         (f)  If there are leases, a description thereof,

23  including the length of the term, the rent payable, and a

24  description of any option to purchase.

25  

26  Descriptions shall include location, areas, capacities,

27  numbers, volumes, or sizes and may be stated as approximations

28  or minimums.

29         (8)  Recreation lease or associated club membership:

30         (a)  If any recreational facilities or other facilities

31  offered by the developer and available to, or to be used by,

                                  88

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  unit owners are to be leased or have club membership

  2  associated, the following statement in conspicuous type shall

  3  be included:  THERE IS A RECREATIONAL FACILITIES LEASE

  4  ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB

  5  MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM.  There shall be a

  6  reference to the location in the disclosure materials where

  7  the recreation lease or club membership is described in

  8  detail.

  9         (b)  If it is mandatory that unit owners pay a fee,

10  rent, dues, or other charges under a recreational facilities

11  lease or club membership for the use of facilities, there

12  shall be in conspicuous type the applicable statement:

13         1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

14  MANDATORY FOR UNIT OWNERS; or

15         2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF

16  OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES

17  LEASE; or

18         3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE

19  COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,

20  REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES

21  LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

22         4.  A similar statement of the nature of the

23  organization or the manner in which the use rights are

24  created, and that unit owners are required to pay.

25  

26  Immediately following the applicable statement, the location

27  in the disclosure materials where the development is described

28  in detail shall be stated.

29         (c)  If the developer, or any other person other than

30  the unit owners and other persons having use rights in the

31  facilities, reserves, or is entitled to receive, any rent,

                                  89

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  fee, or other payment for the use of the facilities, then

  2  there shall be the following statement in conspicuous type:

  3  THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND

  4  USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES.

  5  Immediately following this statement, the location in the

  6  disclosure materials where the rent or land use fees are

  7  described in detail shall be stated.

  8         (d)  If, in any recreation format, whether leasehold,

  9  club, or other, any person other than the association has the

10  right to a lien on the units to secure the payment of

11  assessments, rent, or other exactions, there shall appear a

12  statement in conspicuous type in substantially the following

13  form:

14         1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

15  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

16  RECREATION LEASE.  THE UNIT OWNER'S FAILURE TO MAKE THESE

17  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or

18         2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

19  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING

20  DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE

21  RECREATIONAL OR COMMONLY USED FACILITIES.  THE UNIT OWNER'S

22  FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF

23  THE LIEN.

24  

25  Immediately following the applicable statement, the location

26  in the disclosure materials where the lien or lien right is

27  described in detail shall be stated.

28         (9)  If the developer or any other person has the right

29  to increase or add to the recreational facilities at any time

30  after the establishment of the condominium whose unit owners

31  have use rights therein, without the consent of the unit

                                  90

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  owners or associations being required, there shall appear a

  2  statement in conspicuous type in substantially the following

  3  form:  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED

  4  WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).

  5  Immediately following this statement, the location in the

  6  disclosure materials where such reserved rights are described

  7  shall be stated.

  8         (10)  A statement of whether the developer's plan

  9  includes a program of leasing units rather than selling them,

10  or leasing units and selling them subject to such leases.  If

11  so, there shall be a description of the plan, including the

12  number and identification of the units and the provisions and

13  term of the proposed leases, and a statement in boldfaced type

14  that:  THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

15         (11)  The arrangements for management of the

16  association and maintenance and operation of the condominium

17  property and of other property that will serve the unit owners

18  of the condominium property, and a description of the

19  management contract and all other contracts for these purposes

20  having a term in excess of 1 year, including the following:

21         (a)  The names of contracting parties.

22         (b)  The term of the contract.

23         (c)  The nature of the services included.

24         (d)  The compensation, stated on a monthly and annual

25  basis, and provisions for increases in the compensation.

26         (e)  A reference to the volumes and pages of the

27  condominium documents and of the exhibits containing copies of

28  such contracts.

29  

30  Copies of all described contracts shall be attached as

31  exhibits.  If there is a contract for the management of the

                                  91

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  condominium property, then a statement in conspicuous type in

  2  substantially the following form shall appear, identifying the

  3  proposed or existing contract manager:  THERE IS (IS TO BE) A

  4  CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH

  5  (NAME OF THE CONTRACT MANAGER).  Immediately following this

  6  statement, the location in the disclosure materials of the

  7  contract for management of the condominium property shall be

  8  stated.

  9         (12)  If the developer or any other person or persons

10  other than the unit owners has the right to retain control of

11  the board of administration of the association for a period of

12  time which can exceed 1 year after the closing of the sale of

13  a majority of the units in that condominium to persons other

14  than successors or alternate developers, then a statement in

15  conspicuous type in substantially the following form shall be

16  included:  THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO

17  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE

18  UNITS HAVE BEEN SOLD. Immediately following this statement,

19  the location in the disclosure materials where this right to

20  control is described in detail shall be stated.

21         (13)  If there are any restrictions upon the sale,

22  transfer, conveyance, or leasing of a unit, then a statement

23  in conspicuous type in substantially the following form shall

24  be included:  THE SALE, LEASE, OR TRANSFER OF UNITS IS

25  RESTRICTED OR CONTROLLED.  Immediately following this

26  statement, the location in the disclosure materials where the

27  restriction, limitation, or control on the sale, lease, or

28  transfer of units is described in detail shall be stated.

29         (14)  If the condominium is part of a phase project,

30  the following information shall be stated:

31  

                                  92

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (a)  A statement in conspicuous type in substantially

  2  the following form:  THIS IS A PHASE CONDOMINIUM.  ADDITIONAL

  3  LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM.  Immediately

  4  following this statement, the location in the disclosure

  5  materials where the phasing is described shall be stated.

  6         (b)  A summary of the provisions of the declaration

  7  which provide for the phasing.

  8         (c)  A statement as to whether or not residential

  9  buildings and units which are added to the condominium may be

10  substantially different from the residential buildings and

11  units originally in the condominium.  If the added residential

12  buildings and units may be substantially different, there

13  shall be a general description of the extent to which such

14  added residential buildings and units may differ, and a

15  statement in conspicuous type in substantially the following

16  form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO

17  THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER

18  BUILDINGS AND UNITS IN THE CONDOMINIUM.  Immediately following

19  this statement, the location in the disclosure materials where

20  the extent to which added residential buildings and units may

21  substantially differ is described shall be stated.

22         (d)  A statement of the maximum number of buildings

23  containing units, the maximum and minimum numbers of units in

24  each building, the maximum number of units, and the minimum

25  and maximum square footage of the units that may be contained

26  within each parcel of land which may be added to the

27  condominium.

28         (15)  If the condominium is or may become part of a

29  multicondominium, the following information must be provided:

30         (a)  A statement in conspicuous type in substantially

31  the following form:  THIS CONDOMINIUM IS (MAY BE) PART OF A

                                  93

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

  2  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately

  3  following this statement, the location in the prospectus or

  4  offering circular and its exhibits where the multicondominium

  5  aspects of the offering are described must be stated.

  6         (b)  A summary of the provisions in the declaration,

  7  articles of incorporation, and bylaws which establish and

  8  provide for the operation of the multicondominium, including a

  9  statement as to whether unit owners in the condominium will

10  have the right to use recreational or other facilities located

11  or planned to be located in other condominiums operated by the

12  same association, and the manner of sharing the common

13  expenses related to such facilities.

14         (c)  A statement of the minimum and maximum number of

15  condominiums, and the minimum and maximum number of units in

16  each of those condominiums, which will or may be operated by

17  the association, and the latest date by which the exact number

18  will be finally determined.

19         (d)  A statement as to whether any of the condominiums

20  in the multicondominium may include units intended to be used

21  for nonresidential purposes and the purpose or purposes

22  permitted for such use.

23         (e)  A general description of the location and

24  approximate acreage of any land on which any additional

25  condominiums to be operated by the association may be located.

26         (16)  If the condominium is created by conversion of

27  existing improvements, the following information shall be

28  stated:

29         (a)  The information required by s. 718.616.

30         (b)  A caveat that there are no express warranties

31  unless they are stated in writing by the developer.

                                  94

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (17)  A summary of the restrictions, if any, to be

  2  imposed on units concerning the use of any of the condominium

  3  property, including statements as to whether there are

  4  restrictions upon children and pets, and reference to the

  5  volumes and pages of the condominium documents where such

  6  restrictions are found, or if such restrictions are contained

  7  elsewhere, then a copy of the documents containing the

  8  restrictions shall be attached as an exhibit.

  9         (18)  If there is any land that is offered by the

10  developer for use by the unit owners and that is neither owned

11  by them nor leased to them, the association, or any entity

12  controlled by unit owners and other persons having the use

13  rights to such land, a statement shall be made as to how such

14  land will serve the condominium.  If any part of such land

15  will serve the condominium, the statement shall describe the

16  land and the nature and term of service, and the declaration

17  or other instrument creating such servitude shall be included

18  as an exhibit.

19         (19)  The manner in which utility and other services,

20  including, but not limited to, sewage and waste disposal,

21  water supply, and storm drainage, will be provided and the

22  person or entity furnishing them.

23         (20)  An explanation of the manner in which the

24  apportionment of common expenses and ownership of the common

25  elements has been determined.

26         (21)  An estimated operating budget for the condominium

27  and the association, and a schedule of the unit owner's

28  expenses shall be attached as an exhibit and shall contain the

29  following information:

30  

31  

                                  95

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (a)  The estimated monthly and annual expenses of the

  2  condominium and the association that are collected from unit

  3  owners by assessments.

  4         (b)  The estimated monthly and annual expenses of each

  5  unit owner for a unit, other than common expenses paid by all

  6  unit owners, payable by the unit owner to persons or entities

  7  other than the association, as well as to the association,

  8  including fees assessed pursuant to s. 718.113(1) for

  9  maintenance of limited common elements where such costs are

10  shared only by those entitled to use the limited common

11  element, and the total estimated monthly and annual expense.

12  There may be excluded from this estimate expenses which are

13  not provided for or contemplated by the condominium documents,

14  including, but not limited to, the costs of private telephone;

15  maintenance of the interior of condominium units, which is not

16  the obligation of the association; maid or janitorial services

17  privately contracted for by the unit owners; utility bills

18  billed directly to each unit owner for utility services to his

19  or her unit; insurance premiums other than those incurred for

20  policies obtained by the condominium; and similar personal

21  expenses of the unit owner. A unit owner's estimated payments

22  for assessments shall also be stated in the estimated amounts

23  for the times when they will be due.

24         (c)  The estimated items of expenses of the condominium

25  and the association, except as excluded under paragraph (b),

26  including, but not limited to, the following items, which

27  shall be stated either as an association expense collectible

28  by assessments or as unit owners' expenses payable to persons

29  other than the association:

30         1.  Expenses for the association and condominium:

31         a.  Administration of the association.

                                  96

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         b.  Management fees.

  2         c.  Maintenance.

  3         d.  Rent for recreational and other commonly used

  4  facilities.

  5         e.  Taxes upon association property.

  6         f.  Taxes upon leased areas.

  7         g.  Insurance.

  8         h.  Security provisions.

  9         i.  Other expenses.

10         j.  Operating capital.

11         k.  Reserves.

12         l.  Fees payable to the division.

13         2.  Expenses for a unit owner:

14         a.  Rent for the unit, if subject to a lease.

15         b.  Rent payable by the unit owner directly to the

16  lessor or agent under any recreational lease or lease for the

17  use of commonly used facilities, which use and payment is a

18  mandatory condition of ownership and is not included in the

19  common expense or assessments for common maintenance paid by

20  the unit owners to the association.

21         (d)  The estimated amounts shall be stated for a period

22  of at least 12 months and may distinguish between the period

23  prior to the time unit owners other than the developer elect a

24  majority of the board of administration and the period after

25  that date.

26         (22)  A schedule of estimated closing expenses to be

27  paid by a buyer or lessee of a unit and a statement of whether

28  title opinion or title insurance policy is available to the

29  buyer and, if so, at whose expense.

30         (23)  The identity of the developer and the chief

31  operating officer or principal directing the creation and sale

                                  97

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  of the condominium and a statement of its and his or her

  2  experience in this field.

  3         (24)  Copies of the following, to the extent they are

  4  applicable, shall be included as exhibits:

  5         (a)  The declaration of condominium, or the proposed

  6  declaration if the declaration has not been recorded.

  7         (b)  The articles of incorporation creating the

  8  association.

  9         (c)  The bylaws of the association.

10         (d)  The ground lease or other underlying lease of the

11  condominium.

12         (e)  The management agreement and all maintenance and

13  other contracts for management of the association and

14  operation of the condominium and facilities used by the unit

15  owners having a service term in excess of 1 year.

16         (f)  The estimated operating budget for the condominium

17  and the required schedule of unit owners' expenses.

18         (g)  A copy of the floor plan of the unit and the plot

19  plan showing the location of the residential buildings and the

20  recreation and other common areas.

21         (h)  The lease of recreational and other facilities

22  that will be used only by unit owners of the subject

23  condominium.

24         (i)  The lease of facilities used by owners and others.

25         (j)  The form of unit lease, if the offer is of a

26  leasehold.

27         (k)  A declaration of servitude of properties serving

28  the condominium but not owned by unit owners or leased to them

29  or the association.

30  

31  

                                  98

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (l)  The statement of condition of the existing

  2  building or buildings, if the offering is of units in an

  3  operation being converted to condominium ownership.

  4         (m)  The statement of inspection for termite damage and

  5  treatment of the existing improvements, if the condominium is

  6  a conversion.

  7         (n)  The form of agreement for sale or lease of units.

  8         (o)  A copy of the agreement for escrow of payments

  9  made to the developer prior to closing.

10         (p)  A copy of the documents containing any

11  restrictions on use of the property required by subsection

12  (16).

13         (25)  Any prospectus or offering circular complying,

14  prior to the effective date of this act, with the provisions

15  of former ss. 711.69 and 711.802 may continue to be used

16  without amendment or may be amended to comply with the

17  provisions of this chapter.

18         (26)  A brief narrative description of the location and

19  effect of all existing and intended easements located or to be

20  located on the condominium property other than those described

21  in the declaration.

22         (27)  If the developer is required by state or local

23  authorities to obtain acceptance or approval of any dock or

24  marina facilities intended to serve the condominium, a copy of

25  any such acceptance or approval acquired by the time of filing

26  with the division under s. 718.502(1) or a statement that such

27  acceptance or approval has not been acquired or received.

28         (28)  Evidence demonstrating that the developer has an

29  ownership, leasehold, or contractual interest in the land upon

30  which the condominium is to be developed.

31  

                                  99

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         Section 72.  Section 718.508, Florida Statutes, is

  2  amended to read:

  3         718.508  Regulation by Division of Hotels and

  4  Restaurants.--In addition to the authority, regulation, or

  5  control exercised by the Division of Florida Land Sales,

  6  Condominiums, Timeshare, and Mobile Homes pursuant to this act

  7  with respect to condominiums, buildings included in a

  8  condominium property shall be subject to the authority,

  9  regulation, or control of the Division of Hotels and

10  Restaurants of the Department of Business and Professional

11  Regulation, to the extent provided for in chapter 399.

12         Section 73.  Section 718.509, Florida Statutes, is

13  amended to read:

14         718.509  Division of Florida Land Sales, Condominiums,

15  Timeshare, and Mobile Homes Trust Fund.--

16         (1)  There is created within the State Treasury the

17  Division of Condominiums, Timeshare, and Mobile Homes Trust

18  Fund, to be used for the administration and operation of this

19  chapter and chapters 719, 721, and 723 by the division.

20         (2)  All funds collected by the division and any amount

21  paid for a fee or penalty under this chapter shall be

22  deposited in the State Treasury to the credit of the Division

23  of Florida Land Sales, Condominiums, Timeshare, and Mobile

24  Homes Trust Fund created by s. 718.509 498.019. The division

25  shall maintain separate revenue accounts in the trust fund for

26  each business regulated by the division, and shall provide for

27  the proportionate allocation among the accounts of expenses

28  incurred in the performance of its duties for each of these

29  businesses. As part of its normal budgetary process, the

30  division shall prepare an annual report of revenue and

31  allocated expenses related to the operation of each of these

                                 100

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  businesses, which may be used to determine fees charged by the

  2  division. The provisions of s. 215.20 apply to the trust fund.

  3         Section 74.  Paragraph (a) of subsection (2) of section

  4  718.608, Florida Statutes, is amended to read:

  5         718.608  Notice of intended conversion; time of

  6  delivery; content.--

  7         (2)(a)  Each notice of intended conversion shall be

  8  dated and in writing.  The notice shall contain the following

  9  statement, with the phrases of the following statement which

10  appear in upper case printed in conspicuous type:

11  

12         These apartments are being converted to condominium by

13  ...(name of developer)..., the developer.

14         1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION

15  OF YOUR RENTAL AGREEMENT.  FURTHER, YOU MAY EXTEND YOUR RENTAL

16  AGREEMENT AS FOLLOWS:

17         a.  If you have continuously been a resident of these

18  apartments during the last 180 days and your rental agreement

19  expires during the next 270 days, you may extend your rental

20  agreement for up to 270 days after the date of this notice.

21         b.  If you have not been a continuous resident of these

22  apartments for the last 180 days and your rental agreement

23  expires during the next 180 days, you may extend your rental

24  agreement for up to 180 days after the date of this notice.

25         c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT,

26  YOU MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS

27  AFTER THE DATE OF THIS NOTICE.

28         2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45

29  DAYS, you may extend your rental agreement for up to 45 days

30  after the date of this notice while you decide whether to

31  extend your rental agreement as explained above.  To do so,

                                 101

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  you must notify the developer in writing.  You will then have

  2  the full 45 days to decide whether to extend your rental

  3  agreement as explained above.

  4         3.  During the extension of your rental agreement you

  5  will be charged the same rent that you are now paying.

  6         4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY

  7  EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS:

  8         a.  If your rental agreement began or was extended or

  9  renewed after May 1, 1980, and your rental agreement,

10  including extensions and renewals, has an unexpired term of

11  180 days or less, you may cancel your rental agreement upon 30

12  days' written notice and move.  Also, upon 30 days' written

13  notice, you may cancel any extension of the rental agreement.

14         b.  If your rental agreement was not begun or was not

15  extended or renewed after May 1, 1980, you may not cancel the

16  rental agreement without the consent of the developer.  If

17  your rental agreement, including extensions and renewals, has

18  an unexpired term of 180 days or less, you may, however, upon

19  30 days' written notice cancel any extension of the rental

20  agreement.

21         5.  All notices must be given in writing and sent by

22  mail, return receipt requested, or delivered in person to the

23  developer at this address:  ...(name and address of

24  developer)....

25         6.  If you have continuously been a resident of these

26  apartments during the last 180 days:

27         a.  You have the right to purchase your apartment and

28  will have 45 days to decide whether to purchase.  If you do

29  not buy the unit at that price and the unit is later offered

30  at a lower price, you will have the opportunity to buy the

31  unit at the lower price.  However, in all events your right to

                                 102

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  purchase the unit ends when the rental agreement or any

  2  extension of the rental agreement ends or when you waive this

  3  right in writing.

  4         b.  Within 90 days you will be provided purchase

  5  information relating to your apartment, including the price of

  6  your unit and the condition of the building.  If you do not

  7  receive this information within 90 days, your rental agreement

  8  and any extension will be extended 1 day for each day over 90

  9  days until you are given the purchase information.  If you do

10  not want this rental agreement extension, you must notify the

11  developer in writing.

12         7.  If you have any questions regarding this conversion

13  or the Condominium Act, you may contact the developer or the

14  state agency which regulates condominiums:  The Division of

15  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes,

16  ...(Tallahassee address and telephone number of division)....

17         Section 75.  Subsection (17) of section 719.103,

18  Florida Statutes, is amended to read:

19         719.103  Definitions.--As used in this chapter:

20         (17)  "Division" means the Division of Florida Land

21  Sales, Condominiums, Timeshare, and Mobile Homes of the

22  Department of Business and Professional Regulation.

23         Section 76.  Section 719.1255, Florida Statutes, is

24  amended to read:

25         719.1255  Alternative resolution of disputes.--The

26  division of Florida Land Sales, Condominiums, and Mobile Homes

27  of the Department of Business and Professional Regulation

28  shall provide for alternative dispute resolution in accordance

29  with s. 718.1255.

30         Section 77.  Section 719.501, Florida Statutes, is

31  amended to read:

                                 103

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         719.501  Powers and duties of Division of Florida Land

  2  Sales, Condominiums, Timeshare, and Mobile Homes.--

  3         (1)  The Division of Florida Land Sales, Condominiums,

  4  Timeshare, and Mobile Homes of the Department of Business and

  5  Professional Regulation, referred to as the "division" in this

  6  part, in addition to other powers and duties prescribed by

  7  chapter 498, has the power to enforce and ensure compliance

  8  with the provisions of this chapter and rules adopted

  9  promulgated pursuant hereto relating to the development,

10  construction, sale, lease, ownership, operation, and

11  management of residential cooperative units. In performing its

12  duties, the division shall have the following powers and

13  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

                                 104

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  any other matter reasonably calculated to lead to the

  2  discovery of material evidence. Upon failure by a person to

  3  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  a developer, association, officer, or member of the board, or

13  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, or

21  its assignees or agents, to cease and desist from the unlawful

22  practice and take such affirmative action as in the judgment

23  of the division will carry out the purposes of this chapter.

24  Such affirmative action may include, but is not limited to, an

25  order requiring a developer to pay moneys determined to be

26  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 assignees or agents, for any

                                 105

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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 to this chapter, or a final order of the division.

  6  The term "willfully and knowingly" means that the division

  7  informed the officer or board member that his or her action or

  8  intended action violates this chapter, a rule adopted under

  9  this chapter, or a final order of the division, and that the

10  officer or board member refused to comply with the

11  requirements of this chapter, a rule adopted under this

12  chapter, or a final order of the division. The division, prior

13  to initiating formal agency action under chapter 120, shall

14  afford the officer or board member an opportunity to

15  voluntarily comply with this chapter, a rule adopted under

16  this chapter, or a final order of the division. An officer or

17  board member who complies within 10 days is not subject to a

18  civil penalty. A penalty may be imposed on the basis of each

19  day of continuing violation, but in no event shall the penalty

20  for any offense exceed $5,000. By January 1, 1998, the

21  division shall adopt, by rule, penalty guidelines applicable

22  to possible violations or to categories of violations of this

23  chapter or rules adopted by the division. The guidelines must

24  specify a meaningful range of civil penalties for each such

25  violation of the statute and rules and must be based upon the

26  harm caused by the violation, the repetition of the violation,

27  and upon such other factors deemed relevant by the division.

28  For example, the division may consider whether the violations

29  were committed by a developer or owner-controlled association,

30  the size of the association, and other factors. The guidelines

31  must designate the possible mitigating or aggravating

                                 106

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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 cooperative

  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 shall 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 cooperatives in assessing the rights, privileges,

30  and duties pertaining thereto.

31  

                                 107

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (f)  The division has authority to adopt rules pursuant

  2  to ss. 120.536(1) and 120.54 to implement and enforce the

  3  provisions of this chapter.

  4         (g)  The division shall establish procedures for

  5  providing notice to an association when the division is

  6  considering the issuance of a declaratory statement with

  7  respect to the cooperative documents governing such

  8  cooperative community.

  9         (h)  The division shall furnish each association which

10  pays the fees required by paragraph (2)(a) a copy of this act,

11  subsequent changes to this act on an annual basis, an amended

12  version of this act as it becomes available from the Secretary

13  of State's office on a biennial basis, and the rules

14  promulgated pursuant thereto on an annual basis.

15         (i)  The division shall annually provide each

16  association with a summary of declaratory statements and

17  formal legal opinions relating to the operations of

18  cooperatives which were rendered by the division during the

19  previous year.

20         (j)  The division shall adopt uniform accounting

21  principles, policies, and standards to be used by all

22  associations in the preparation and presentation of all

23  financial statements required by this chapter. The principles,

24  policies, and standards shall take into consideration the size

25  of the association and the total revenue collected by the

26  association.

27         (k)  The division shall provide training programs for

28  cooperative association board members and unit owners.

29         (l)  The division shall maintain a toll-free telephone

30  number accessible to cooperative unit owners.

31  

                                 108

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (m)  When a complaint is made to the division, the

  2  division shall conduct its inquiry with reasonable dispatch

  3  and with due regard to the interests of the affected parties.

  4  Within 30 days after receipt of a complaint, the division

  5  shall acknowledge the complaint in writing and notify the

  6  complainant whether the complaint is within the jurisdiction

  7  of the division and whether additional information is needed

  8  by the division from the complainant. The division shall

  9  conduct its investigation and shall, within 90 days after

10  receipt of the original complaint or timely requested

11  additional information, take action upon the complaint.

12  However, the failure to complete the investigation within 90

13  days does not prevent the division from continuing the

14  investigation, accepting or considering evidence obtained or

15  received after 90 days, or taking administrative action if

16  reasonable cause exists to believe that a violation of this

17  chapter or a rule of the division has occurred. If an

18  investigation is not completed within the time limits

19  established in this paragraph, the division shall, on a

20  monthly basis, notify the complainant in writing of the status

21  of the investigation. When reporting its action to the

22  complainant, the division shall inform the complainant of any

23  right to a hearing pursuant to ss. 120.569 and 120.57.

24         (n)  The division shall develop a program to certify

25  both volunteer and paid mediators to provide mediation of

26  cooperative disputes. The division shall provide, upon

27  request, a list of such mediators to any association, unit

28  owner, or other participant in arbitration proceedings under

29  s. 718.1255 requesting a copy of the list. The division shall

30  include on the list of voluntary mediators only persons who

31  have received at least 20 hours of training in mediation

                                 109

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  techniques or have mediated at least 20 disputes. In order to

  2  become initially certified by the division, paid mediators

  3  must be certified by the Supreme Court to mediate court cases

  4  in either county or circuit courts. However, the division may

  5  adopt, by rule, additional factors for the certification of

  6  paid mediators, which factors must be related to experience,

  7  education, or background. Any person initially certified as a

  8  paid mediator by the division must, in order to continue to be

  9  certified, comply with the factors or requirements imposed by

10  rules adopted by the division.

11         (2)(a)  Each cooperative association shall pay to the

12  division, on or before January 1 of each year, an annual fee

13  in the amount of $4 for each residential unit in cooperatives

14  operated by the association.  If the fee is not paid by March

15  1, then the association shall be assessed a penalty of 10

16  percent of the amount due, and the association shall not have

17  the standing to maintain or defend any action in the courts of

18  this state until the amount due is paid.

19         (b)  All fees shall be deposited in the Division of

20  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes

21  Trust Fund as provided by law.

22         Section 78.  Paragraph (a) of subsection (2) of section

23  719.502, Florida Statutes, is amended to read:

24         719.502  Filing prior to sale or lease.--

25         (2)(a)  Prior to filing as required by subsection (1),

26  and prior to acquiring an ownership, leasehold, or contractual

27  interest in the land upon which the cooperative is to be

28  developed, a developer shall not offer a contract for purchase

29  or lease of a unit for more than 5 years.  However, the

30  developer may accept deposits for reservations upon the

31  approval of a fully executed escrow agreement and reservation

                                 110

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  agreement form properly filed with the division of Florida

  2  Land Sales, Condominiums, and Mobile Homes.  Each filing of a

  3  proposed reservation program shall be accompanied by a filing

  4  fee of $250.  Reservations shall not be taken on a proposed

  5  cooperative unless the developer has an ownership, leasehold,

  6  or contractual interest in the land upon which the cooperative

  7  is to be developed.  The division shall notify the developer

  8  within 20 days of receipt of the reservation filing of any

  9  deficiencies contained therein.  Such notification shall not

10  preclude the determination of reservation filing deficiencies

11  at a later date, nor shall it relieve the developer of any

12  responsibility under the law.  The escrow agreement and the

13  reservation agreement form shall include a statement of the

14  right of the prospective purchaser to an immediate unqualified

15  refund of the reservation deposit moneys upon written request

16  to the escrow agent by the prospective purchaser or the

17  developer.

18         Section 79.  Section 719.504, Florida Statutes, is

19  amended to read:

20         719.504  Prospectus or offering circular.--Every

21  developer of a residential cooperative which contains more

22  than 20 residential units, or which is part of a group of

23  residential cooperatives which will be served by property to

24  be used in common by unit owners of more than 20 residential

25  units, shall prepare a prospectus or offering circular and

26  file it with the division of Florida Land Sales, Condominiums,

27  and Mobile Homes prior to entering into an enforceable

28  contract of purchase and sale of any unit or lease of a unit

29  for more than 5 years and shall furnish a copy of the

30  prospectus or offering circular to each buyer.  In addition to

31  the prospectus or offering circular, each buyer shall be

                                 111

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  furnished a separate page entitled "Frequently Asked Questions

  2  and Answers," which must be in accordance with a format

  3  approved by the division.  This page must, in readable

  4  language:  inform prospective purchasers regarding their

  5  voting rights and unit use restrictions, including

  6  restrictions on the leasing of a unit; indicate whether and in

  7  what amount the unit owners or the association is obligated to

  8  pay rent or land use fees for recreational or other commonly

  9  used facilities; contain a statement identifying that amount

10  of assessment which, pursuant to the budget, would be levied

11  upon each unit type, exclusive of any special assessments, and

12  which identifies the basis upon which assessments are levied,

13  whether monthly, quarterly, or otherwise; state and identify

14  any court cases in which the association is currently a party

15  of record in which the association may face liability in

16  excess of $100,000; and state whether membership in a

17  recreational facilities association is mandatory and, if so,

18  identify the fees currently charged per unit type.  The

19  division shall by rule require such other disclosure as in its

20  judgment will assist prospective purchasers. The prospectus or

21  offering circular may include more than one cooperative,

22  although not all such units are being offered for sale as of

23  the date of the prospectus or offering circular.  The

24  prospectus or offering circular must contain the following

25  information:

26         (1)  The front cover or the first page must contain

27  only:

28         (a)  The name of the cooperative.

29         (b)  The following statements in conspicuous type:

30  

31  

                                 112

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

  2  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE

  3  UNIT.

  4         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

  5  NATURE.  A PROSPECTIVE PURCHASER SHOULD REFER TO ALL

  6  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

  7  SALES MATERIALS.

  8         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

  9  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER.  REFER

10  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

11  CORRECT REPRESENTATIONS.

12         (2)  Summary:  The next page must contain all

13  statements required to be in conspicuous type in the

14  prospectus or offering circular.

15         (3)  A separate index of the contents and exhibits of

16  the prospectus.

17         (4)  Beginning on the first page of the text (not

18  including the summary and index), a description of the

19  cooperative, including, but not limited to, the following

20  information:

21         (a)  Its name and location.

22         (b)  A description of the cooperative property,

23  including, without limitation:

24         1.  The number of buildings, the number of units in

25  each building, the number of bathrooms and bedrooms in each

26  unit, and the total number of units, if the cooperative is not

27  a phase cooperative; or, if the cooperative is a phase

28  cooperative, the maximum number of buildings that may be

29  contained within the cooperative, the minimum and maximum

30  number of units in each building, the minimum and maximum

31  number of bathrooms and bedrooms that may be contained in each

                                 113

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  unit, and the maximum number of units that may be contained

  2  within the cooperative.

  3         2.  The page in the cooperative documents where a copy

  4  of the survey and plot plan of the cooperative is located.

  5         3.  The estimated latest date of completion of

  6  constructing, finishing, and equipping.  In lieu of a date, a

  7  statement that the estimated date of completion of the

  8  cooperative is in the purchase agreement and a reference to

  9  the article or paragraph containing that information.

10         (c)  The maximum number of units that will use

11  facilities in common with the cooperative.  If the maximum

12  number of units will vary, a description of the basis for

13  variation and the minimum amount of dollars per unit to be

14  spent for additional recreational facilities or enlargement of

15  such facilities.  If the addition or enlargement of facilities

16  will result in a material increase of a unit owner's

17  maintenance expense or rental expense, if any, the maximum

18  increase and limitations thereon shall be stated.

19         (5)(a)  A statement in conspicuous type describing

20  whether the cooperative is created and being sold as fee

21  simple interests or as leasehold interests.  If the

22  cooperative is created or being sold on a leasehold, the

23  location of the lease in the disclosure materials shall be

24  stated.

25         (b)  If timeshare estates are or may be created with

26  respect to any unit in the cooperative, a statement in

27  conspicuous type stating that timeshare estates are created

28  and being sold in such specified units in the cooperative.

29         (6)  A description of the recreational and other common

30  areas that will be used only by unit owners of the

31  cooperative, including, but not limited to, the following:

                                 114

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (a)  Each room and its intended purposes, location,

  2  approximate floor area, and capacity in numbers of people.

  3         (b)  Each swimming pool, as to its general location,

  4  approximate size and depths, approximate deck size and

  5  capacity, and whether heated.

  6         (c)  Additional facilities, as to the number of each

  7  facility, its approximate location, approximate size, and

  8  approximate capacity.

  9         (d)  A general description of the items of personal

10  property and the approximate number of each item of personal

11  property that the developer is committing to furnish for each

12  room or other facility or, in the alternative, a

13  representation as to the minimum amount of expenditure that

14  will be made to purchase the personal property for the

15  facility.

16         (e)  The estimated date when each room or other

17  facility will be available for use by the unit owners.

18         (f)1.  An identification of each room or other facility

19  to be used by unit owners that will not be owned by the unit

20  owners or the association;

21         2.  A reference to the location in the disclosure

22  materials of the lease or other agreements providing for the

23  use of those facilities; and

24         3.  A description of the terms of the lease or other

25  agreements, including the length of the term; the rent

26  payable, directly or indirectly, by each unit owner, and the

27  total rent payable to the lessor, stated in monthly and annual

28  amounts for the entire term of the lease; and a description of

29  any option to purchase the property leased under any such

30  lease, including the time the option may be exercised, the

31  purchase price or how it is to be determined, the manner of

                                 115

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  payment, and whether the option may be exercised for a unit

  2  owner's share or only as to the entire leased property.

  3         (g)  A statement as to whether the developer may

  4  provide additional facilities not described above, their

  5  general locations and types, improvements or changes that may

  6  be made, the approximate dollar amount to be expended, and the

  7  maximum additional common expense or cost to the individual

  8  unit owners that may be charged during the first annual period

  9  of operation of the modified or added facilities.

10  

11  Descriptions as to locations, areas, capacities, numbers,

12  volumes, or sizes may be stated as approximations or minimums.

13         (7)  A description of the recreational and other

14  facilities that will be used in common with other

15  cooperatives, community associations, or planned developments

16  which require the payment of the maintenance and expenses of

17  such facilities, either directly or indirectly, by the unit

18  owners.  The description shall include, but not be limited to,

19  the following:

20         (a)  Each building and facility committed to be built.

21         (b)  Facilities not committed to be built except under

22  certain conditions, and a statement of those conditions or

23  contingencies.

24         (c)  As to each facility committed to be built, or

25  which will be committed to be built upon the happening of one

26  of the conditions in paragraph (b), a statement of whether it

27  will be owned by the unit owners having the use thereof or by

28  an association or other entity which will be controlled by

29  them, or others, and the location in the exhibits of the lease

30  or other document providing for use of those facilities.

31  

                                 116

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (d)  The year in which each facility will be available

  2  for use by the unit owners or, in the alternative, the maximum

  3  number of unit owners in the project at the time each of all

  4  of the facilities is committed to be completed.

  5         (e)  A general description of the items of personal

  6  property, and the approximate number of each item of personal

  7  property, that the developer is committing to furnish for each

  8  room or other facility or, in the alternative, a

  9  representation as to the minimum amount of expenditure that

10  will be made to purchase the personal property for the

11  facility.

12         (f)  If there are leases, a description thereof,

13  including the length of the term, the rent payable, and a

14  description of any option to purchase.

15  

16  Descriptions shall include location, areas, capacities,

17  numbers, volumes, or sizes and may be stated as approximations

18  or minimums.

19         (8)  Recreation lease or associated club membership:

20         (a)  If any recreational facilities or other common

21  areas offered by the developer and available to, or to be used

22  by, unit owners are to be leased or have club membership

23  associated, the following statement in conspicuous type shall

24  be included:  THERE IS A RECREATIONAL FACILITIES LEASE

25  ASSOCIATED WITH THIS COOPERATIVE; or, THERE IS A CLUB

26  MEMBERSHIP ASSOCIATED WITH THIS COOPERATIVE.  There shall be a

27  reference to the location in the disclosure materials where

28  the recreation lease or club membership is described in

29  detail.

30         (b)  If it is mandatory that unit owners pay a fee,

31  rent, dues, or other charges under a recreational facilities

                                 117

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  lease or club membership for the use of facilities, there

  2  shall be in conspicuous type the applicable statement:

  3         1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

  4  MANDATORY FOR UNIT OWNERS; or

  5         2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF

  6  OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES

  7  LEASE; or

  8         3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE

  9  COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,

10  REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES

11  LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

12         4.  A similar statement of the nature of the

13  organization or manner in which the use rights are created,

14  and that unit owners are required to pay.

15  

16  Immediately following the applicable statement, the location

17  in the disclosure materials where the development is described

18  in detail shall be stated.

19         (c)  If the developer, or any other person other than

20  the unit owners and other persons having use rights in the

21  facilities, reserves, or is entitled to receive, any rent,

22  fee, or other payment for the use of the facilities, then

23  there shall be the following statement in conspicuous type:

24  THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND

25  USE FEES FOR RECREATIONAL OR OTHER COMMON AREAS. Immediately

26  following this statement, the location in the disclosure

27  materials where the rent or land use fees are described in

28  detail shall be stated.

29         (d)  If, in any recreation format, whether leasehold,

30  club, or other, any person other than the association has the

31  right to a lien on the units to secure the payment of

                                 118

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  assessments, rent, or other exactions, there shall appear a

  2  statement in conspicuous type in substantially the following

  3  form:

  4         1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

  5  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

  6  RECREATION LEASE.  THE UNIT OWNER'S FAILURE TO MAKE THESE

  7  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or

  8         2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

  9  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING

10  DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE

11  RECREATIONAL OR COMMONLY USED AREAS.  THE UNIT OWNER'S FAILURE

12  TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.

13  

14  Immediately following the applicable statement, the location

15  in the disclosure materials where the lien or lien right is

16  described in detail shall be stated.

17         (9)  If the developer or any other person has the right

18  to increase or add to the recreational facilities at any time

19  after the establishment of the cooperative whose unit owners

20  have use rights therein, without the consent of the unit

21  owners or associations being required, there shall appear a

22  statement in conspicuous type in substantially the following

23  form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

24  CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).  Immediately

25  following this statement, the location in the disclosure

26  materials where such reserved rights are described shall be

27  stated.

28         (10)  A statement of whether the developer's plan

29  includes a program of leasing units rather than selling them,

30  or leasing units and selling them subject to such leases.  If

31  so, there shall be a description of the plan, including the

                                 119

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  number and identification of the units and the provisions and

  2  term of the proposed leases, and a statement in boldfaced type

  3  that:  THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

  4         (11)  The arrangements for management of the

  5  association and maintenance and operation of the cooperative

  6  property and of other property that will serve the unit owners

  7  of the cooperative property, and a description of the

  8  management contract and all other contracts for these purposes

  9  having a term in excess of 1 year, including the following:

10         (a)  The names of contracting parties.

11         (b)  The term of the contract.

12         (c)  The nature of the services included.

13         (d)  The compensation, stated on a monthly and annual

14  basis, and provisions for increases in the compensation.

15         (e)  A reference to the volumes and pages of the

16  cooperative documents and of the exhibits containing copies of

17  such contracts.

18  

19  Copies of all described contracts shall be attached as

20  exhibits.  If there is a contract for the management of the

21  cooperative property, then a statement in conspicuous type in

22  substantially the following form shall appear, identifying the

23  proposed or existing contract manager:  THERE IS (IS TO BE) A

24  CONTRACT FOR THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH

25  (NAME OF THE CONTRACT MANAGER).  Immediately following this

26  statement, the location in the disclosure materials of the

27  contract for management of the cooperative property shall be

28  stated.

29         (12)  If the developer or any other person or persons

30  other than the unit owners has the right to retain control of

31  the board of administration of the association for a period of

                                 120

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  time which can exceed 1 year after the closing of the sale of

  2  a majority of the units in that cooperative to persons other

  3  than successors or alternate developers, then a statement in

  4  conspicuous type in substantially the following form shall be

  5  included:  THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO

  6  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE

  7  UNITS HAVE BEEN SOLD. Immediately following this statement,

  8  the location in the disclosure materials where this right to

  9  control is described in detail shall be stated.

10         (13)  If there are any restrictions upon the sale,

11  transfer, conveyance, or leasing of a unit, then a statement

12  in conspicuous type in substantially the following form shall

13  be included:  THE SALE, LEASE, OR TRANSFER OF UNITS IS

14  RESTRICTED OR CONTROLLED.  Immediately following this

15  statement, the location in the disclosure materials where the

16  restriction, limitation, or control on the sale, lease, or

17  transfer of units is described in detail shall be stated.

18         (14)  If the cooperative is part of a phase project,

19  the following shall be stated:

20         (a)  A statement in conspicuous type in substantially

21  the following form shall be included:  THIS IS A PHASE

22  COOPERATIVE. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS

23  COOPERATIVE. Immediately following this statement, the

24  location in the disclosure materials where the phasing is

25  described shall be stated.

26         (b)  A summary of the provisions of the declaration

27  providing for the phasing.

28         (c)  A statement as to whether or not residential

29  buildings and units which are added to the cooperative may be

30  substantially different from the residential buildings and

31  units originally in the cooperative, and, if the added

                                 121

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  residential buildings and units may be substantially

  2  different, there shall be a general description of the extent

  3  to which such added residential buildings and units may

  4  differ, and a statement in conspicuous type in substantially

  5  the following form shall be included:  BUILDINGS AND UNITS

  6  WHICH ARE ADDED TO THE COOPERATIVE MAY BE SUBSTANTIALLY

  7  DIFFERENT FROM THE OTHER BUILDINGS AND UNITS IN THE

  8  COOPERATIVE. Immediately following this statement, the

  9  location in the disclosure materials where the extent to which

10  added residential buildings and units may substantially differ

11  is described shall be stated.

12         (d)  A statement of the maximum number of buildings

13  containing units, the maximum and minimum number of units in

14  each building, the maximum number of units, and the minimum

15  and maximum square footage of the units that may be contained

16  within each parcel of land which may be added to the

17  cooperative.

18         (15)  If the cooperative is created by conversion of

19  existing improvements, the following information shall be

20  stated:

21         (a)  The information required by s. 719.616.

22         (b)  A caveat that there are no express warranties

23  unless they are stated in writing by the developer.

24         (16)  A summary of the restrictions, if any, to be

25  imposed on units concerning the use of any of the cooperative

26  property, including statements as to whether there are

27  restrictions upon children and pets, and reference to the

28  volumes and pages of the cooperative documents where such

29  restrictions are found, or if such restrictions are contained

30  elsewhere, then a copy of the documents containing the

31  restrictions shall be attached as an exhibit.

                                 122

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (17)  If there is any land that is offered by the

  2  developer for use by the unit owners and that is neither owned

  3  by them nor leased to them, the association, or any entity

  4  controlled by unit owners and other persons having the use

  5  rights to such land, a statement shall be made as to how such

  6  land will serve the cooperative.  If any part of such land

  7  will serve the cooperative, the statement shall describe the

  8  land and the nature and term of service, and the cooperative

  9  documents or other instrument creating such servitude shall be

10  included as an exhibit.

11         (18)  The manner in which utility and other services,

12  including, but not limited to, sewage and waste disposal,

13  water supply, and storm drainage, will be provided and the

14  person or entity furnishing them.

15         (19)  An explanation of the manner in which the

16  apportionment of common expenses and ownership of the common

17  areas have been determined.

18         (20)  An estimated operating budget for the cooperative

19  and the association, and a schedule of the unit owner's

20  expenses shall be attached as an exhibit and shall contain the

21  following information:

22         (a)  The estimated monthly and annual expenses of the

23  cooperative and the association that are collected from unit

24  owners by assessments.

25         (b)  The estimated monthly and annual expenses of each

26  unit owner for a unit, other than assessments payable to the

27  association, payable by the unit owner to persons or entities

28  other than the association, and the total estimated monthly

29  and annual expense. There may be excluded from this estimate

30  expenses that are personal to unit owners, which are not

31  uniformly incurred by all unit owners, or which are not

                                 123

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  provided for or contemplated by the cooperative documents,

  2  including, but not limited to, the costs of private telephone;

  3  maintenance of the interior of cooperative units, which is not

  4  the obligation of the association; maid or janitorial services

  5  privately contracted for by the unit owners; utility bills

  6  billed directly to each unit owner for utility services to his

  7  or her unit; insurance premiums other than those incurred for

  8  policies obtained by the cooperative; and similar personal

  9  expenses of the unit owner.  A unit owner's estimated payments

10  for assessments shall also be stated in the estimated amounts

11  for the times when they will be due.

12         (c)  The estimated items of expenses of the cooperative

13  and the association, except as excluded under paragraph (b),

14  including, but not limited to, the following items, which

15  shall be stated either as an association expense collectible

16  by assessments or as unit owners' expenses payable to persons

17  other than the association:

18         1.  Expenses for the association and cooperative:

19         a.  Administration of the association.

20         b.  Management fees.

21         c.  Maintenance.

22         d.  Rent for recreational and other commonly used

23  areas.

24         e.  Taxes upon association property.

25         f.  Taxes upon leased areas.

26         g.  Insurance.

27         h.  Security provisions.

28         i.  Other expenses.

29         j.  Operating capital.

30         k.  Reserves.

31         l.  Fee payable to the division.

                                 124

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         2.  Expenses for a unit owner:

  2         a.  Rent for the unit, if subject to a lease.

  3         b.  Rent payable by the unit owner directly to the

  4  lessor or agent under any recreational lease or lease for the

  5  use of commonly used areas, which use and payment are a

  6  mandatory condition of ownership and are not included in the

  7  common expense or assessments for common maintenance paid by

  8  the unit owners to the association.

  9         (d)  The estimated amounts shall be stated for a period

10  of at least 12 months and may distinguish between the period

11  prior to the time unit owners other than the developer elect a

12  majority of the board of administration and the period after

13  that date.

14         (21)  A schedule of estimated closing expenses to be

15  paid by a buyer or lessee of a unit and a statement of whether

16  title opinion or title insurance policy is available to the

17  buyer and, if so, at whose expense.

18         (22)  The identity of the developer and the chief

19  operating officer or principal directing the creation and sale

20  of the cooperative and a statement of its and his or her

21  experience in this field.

22         (23)  Copies of the following, to the extent they are

23  applicable, shall be included as exhibits:

24         (a)  The cooperative documents, or the proposed

25  cooperative documents if the documents have not been recorded.

26         (b)  The articles of incorporation creating the

27  association.

28         (c)  The bylaws of the association.

29         (d)  The ground lease or other underlying lease of the

30  cooperative.

31  

                                 125

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (e)  The management agreement and all maintenance and

  2  other contracts for management of the association and

  3  operation of the cooperative and facilities used by the unit

  4  owners having a service term in excess of 1 year.

  5         (f)  The estimated operating budget for the cooperative

  6  and the required schedule of unit owners' expenses.

  7         (g)  A copy of the floor plan of the unit and the plot

  8  plan showing the location of the residential buildings and the

  9  recreation and other common areas.

10         (h)  The lease of recreational and other facilities

11  that will be used only by unit owners of the subject

12  cooperative.

13         (i)  The lease of facilities used by owners and others.

14         (j)  The form of unit lease, if the offer is of a

15  leasehold.

16         (k)  A declaration of servitude of properties serving

17  the cooperative but not owned by unit owners or leased to them

18  or the association.

19         (l)  The statement of condition of the existing

20  building or buildings, if the offering is of units in an

21  operation being converted to cooperative ownership.

22         (m)  The statement of inspection for termite damage and

23  treatment of the existing improvements, if the cooperative is

24  a conversion.

25         (n)  The form of agreement for sale or lease of units.

26         (o)  A copy of the agreement for escrow of payments

27  made to the developer prior to closing.

28         (p)  A copy of the documents containing any

29  restrictions on use of the property required by subsection

30  (16).

31  

                                 126

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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 80.  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 81.  Paragraph (a) of subsection (2) of section

31  719.608, Florida Statutes, is amended to read:

                                 127

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  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  

                                 128

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         3.  During the extension of your rental agreement you

  2  will be charged the same rent that you are now paying.

  3         4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY

  4  EXTENSION OF THE RENTAL AGREEMENT AS FOLLOWS:

  5         a.  If your rental agreement began or was extended or

  6  renewed after May 1, 1980, and your rental agreement,

  7  including extensions and renewals, has an unexpired term of

  8  180 days or less, you may cancel your rental agreement upon 30

  9  days' written notice and move.  Also, upon 30 days' written

10  notice, you may cancel any extension of the rental agreement.

11         b.  If your rental agreement was not begun or was not

12  extended or renewed after May 1, 1980, you may not cancel the

13  rental agreement without the consent of the developer.  If

14  your rental agreement, including extensions and renewals, has

15  an unexpired term of 180 days or less, you may, however, upon

16  30 days' written notice cancel any extension of the rental

17  agreement.

18         5.  All notices must be given in writing and sent by

19  mail, return receipt requested, or delivered in person to the

20  developer at this address: ...(name and address of

21  developer)....

22         6.  If you have continuously been a resident of these

23  apartments during the last 180 days:

24         a.  You have the right to purchase your apartment and

25  will have 45 days to decide whether to purchase.  If you do

26  not buy the unit at that price and the unit is later offered

27  at a lower price, you will have the opportunity to buy the

28  unit at the lower price.  However, in all events your right to

29  purchase the unit ends when the rental agreement or any

30  extension of the rental agreement ends or when you waive this

31  right in writing.

                                 129

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         b.  Within 90 days you will be provided purchase

  2  information relating to your apartment, including the price of

  3  your unit and the condition of the building.  If you do not

  4  receive this information within 90 days, your rental agreement

  5  and any extension will be extended 1 day for each day over 90

  6  days until you are given the purchase information.  If you do

  7  not want this rental agreement extension, you must notify the

  8  developer in writing.

  9         7.  If you have any questions regarding this conversion

10  or the Cooperative Act, you may contact the developer or the

11  state agency which regulates cooperatives:  The Division of

12  Florida Land Sales, Condominiums, Timeshare, and Mobile Homes,

13  ...(Tallahassee address and telephone number of division)....

14         Section 82.  Subsection (10) of section 721.05, Florida

15  Statutes, is amended to read:

16         721.05  Definitions.--As used in this chapter, the

17  term:

18         (10)  "Division" means the Division of Florida Land

19  Sales, Condominiums, Timeshare, and Mobile Homes of the

20  Department of Business and Professional Regulation.

21         Section 83.  Paragraph (d) of subsection (2) of section

22  721.07, Florida Statutes, is amended to read:

23         721.07  Public offering statement.--Prior to offering

24  any timeshare plan, the developer must submit a registered

25  public offering statement to the division for approval as

26  prescribed by s. 721.03, s. 721.55, or this section.  Until

27  the division approves such filing, any contract regarding the

28  sale of that timeshare plan is voidable by the purchaser.

29         (2)

30         (d)  A developer shall have the authority to deliver to

31  purchasers any purchaser public offering statement that is not

                                 130

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  yet approved by the division, provided that the following

  2  shall apply:

  3         1.  At the time the developer delivers an unapproved

  4  purchaser public offering statement to a purchaser pursuant to

  5  this paragraph, the developer shall deliver a fully completed

  6  and executed copy of the purchase contract required by s.

  7  721.06 that contains the following statement in conspicuous

  8  type in substantially the following form which shall replace

  9  the statements required by s. 721.06(1)(g):

10  

11  The developer is delivering to you a public offering statement

12  that has been filed with but not yet approved by the Division

13  of Florida Land Sales, Condominiums, Timeshare, and Mobile

14  Homes. Any revisions to the unapproved public offering

15  statement you have received must be delivered to you, but only

16  if the revisions materially alter or modify the offering in a

17  manner adverse to you. After the division approves the public

18  offering statement, you will receive notice of the approval

19  from the developer and the required revisions, if any.

20  

21  Your statutory right to cancel this transaction without any

22  penalty or obligation expires 10 calendar days after the date

23  you signed your purchase contract or 10 calendar days after

24  you receive revisions required to be delivered to you, if any,

25  whichever is later.

26  

27         2.  After receipt of approval from the division and

28  prior to closing, if any revisions made to the documents

29  contained in the purchaser public offering statement

30  materially alter or modify the offering in a manner adverse to

31  a purchaser, the developer shall send the purchaser such

                                 131

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  revisions together with a notice containing a statement in

  2  conspicuous type in substantially the following form:

  3  

  4  The unapproved public offering statement previously delivered

  5  to you, together with the enclosed revisions, has been

  6  approved by the Division of Florida Land Sales, Condominiums,

  7  Timeshare, and Mobile Homes. Accordingly, your cancellation

  8  right expires 10 calendar days after you sign your purchase

  9  contract or 10 calendar days after you receive these

10  revisions, whichever is later. If you have any questions

11  regarding your cancellation rights, you may contact the

12  division at [insert division's current address].

13  

14         3.  After receipt of approval from the division and

15  prior to closing, if no revisions have been made to the

16  documents contained in the unapproved purchaser public

17  offering statement, or if such revisions do not materially

18  alter or modify the offering in a manner adverse to a

19  purchaser, the developer shall send the purchaser a notice

20  containing a statement in conspicuous type in substantially

21  the following form:

22  

23  The unapproved public offering statement previously delivered

24  to you has been approved by the Division of Florida Land

25  Sales, Condominiums, Timeshare, and Mobile Homes. Revisions

26  made to the unapproved public offering statement, if any, are

27  either not required to be delivered to you or are not deemed

28  by the developer, in its opinion, to materially alter or

29  modify the offering in a manner that is adverse to you.

30  Accordingly, your cancellation right expired 10 days after you

31  signed your purchase contract. A complete copy of the approved

                                 132

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  public offering statement is available through the managing

  2  entity for inspection as part of the books and records of the

  3  plan. If you have any questions regarding your cancellation

  4  rights, you may contact the division at [insert division's

  5  current address].

  6         Section 84.  Subsection (8) of section 721.08, Florida

  7  Statutes, is amended to read:

  8         721.08  Escrow accounts; nondisturbance instruments;

  9  alternate security arrangements; transfer of legal title.--

10         (8)  An escrow agent holding escrowed funds pursuant to

11  this chapter that have not been claimed for a period of 5

12  years after the date of deposit shall make at least one

13  reasonable attempt to deliver such unclaimed funds to the

14  purchaser who submitted such funds to escrow. In making such

15  attempt, an escrow agent is entitled to rely on a purchaser's

16  last known address as set forth in the books and records of

17  the escrow agent and is not required to conduct any further

18  search for the purchaser. If an escrow agent's attempt to

19  deliver unclaimed funds to any purchaser is unsuccessful, the

20  escrow agent may deliver such unclaimed funds to the division

21  and the division shall deposit such unclaimed funds in the

22  Division of Florida Land Sales, Condominiums, Timeshare, and

23  Mobile Homes Trust Fund, 30 days after giving notice in a

24  publication of general circulation in the county in which the

25  timeshare property containing the purchaser's timeshare

26  interest is located. The purchaser may claim the same at any

27  time prior to the delivery of such funds to the division.

28  After delivery of such funds to the division, the purchaser

29  shall have no more rights to the unclaimed funds. The escrow

30  agent shall not be liable for any claims from any party

31  

                                 133

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  arising out of the escrow agent's delivery of the unclaimed

  2  funds to the division pursuant to this section.

  3         Section 85.  Paragraph (e) of subsection (5) of section

  4  721.26, Florida Statutes, is amended to read:

  5         721.26  Regulation by division.--The division has the

  6  power to enforce and ensure compliance with the provisions of

  7  this chapter, except for parts III and IV, using the powers

  8  provided in this chapter, as well as the powers prescribed in

  9  chapters 498, 718, and 719. In performing its duties, the

10  division shall have the following powers and duties:

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         (e)1.  The division may impose a penalty against any

19  regulated party for a violation of this chapter or any rule

20  adopted thereunder.  A penalty may be imposed on the basis of

21  each day of continuing violation, but in no event may the

22  penalty for any offense exceed $10,000.  All accounts

23  collected shall be deposited with the Treasurer to the credit

24  of the Division of Florida Land Sales, Condominiums,

25  Timeshare, and Mobile Homes Trust Fund.

26         2.a.  If a regulated party fails to pay a penalty, the

27  division shall thereupon issue an order directing that such

28  regulated party cease and desist from further operation until

29  such time as the penalty is paid; or the division may pursue

30  enforcement of the penalty in a court of competent

31  jurisdiction.

                                 134

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         b.  If an association or managing entity fails to pay a

  2  civil penalty, the division may pursue enforcement in a court

  3  of competent jurisdiction.

  4         Section 86.  Section 721.28, Florida Statutes, is

  5  amended to read:

  6         721.28  Division of Florida Land Sales, Condominiums,

  7  Timeshare, and Mobile Homes Trust Fund.--All funds collected

  8  by the division and any amounts paid as fees or penalties

  9  under this chapter shall be deposited in the State Treasury to

10  the credit of the Division of Florida Land Sales,

11  Condominiums, Timeshare, and Mobile Homes Trust Fund created

12  by s. 718.509 498.019.

13         Section 87.  Paragraph (c) of subsection (1) of section

14  721.301, Florida Statutes, is amended to read:

15         721.301  Florida Timesharing, Vacation Club, and

16  Hospitality Program.--

17         (1)

18         (c)  The director may designate funds from the Division

19  of Florida Land Sales, Condominiums, Timeshare, and Mobile

20  Homes Trust Fund, not to exceed $50,000 annually, to support

21  the projects and proposals undertaken pursuant to paragraph

22  (b).  All state trust funds to be expended pursuant to this

23  section must be matched equally with private moneys and shall

24  comprise no more than half of the total moneys expended

25  annually.

26         Section 88.  Section 721.50, Florida Statutes, is

27  amended to read:

28         721.50  Short title.--This part may be cited as the

29  "McAllister Act" in recognition and appreciation for the years

30  of extraordinary and insightful contributions by Mr. Bryan C.

31  

                                 135

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  McAllister, Examinations Supervisor, former Division of

  2  Florida Land Sales, Condominiums, and Mobile Homes.

  3         Section 89.  Subsection (1) of section 723.003, Florida

  4  Statutes, is amended to read:

  5         723.003  Definitions.--As used in this chapter, the

  6  following words and terms have the following meanings unless

  7  clearly indicated otherwise:

  8         (1)  The term "division" means the Division of Florida

  9  Land Sales, Condominiums, Timeshare, and Mobile Homes of the

10  Department of Business and Professional Regulation.

11         Section 90.  Paragraph (e) of subsection (5) of section

12  723.006, Florida Statutes, is amended to read:

13         723.006  Powers and duties of division.--In performing

14  its duties, the division has the following powers and duties:

15         (5)  Notwithstanding any remedies available to mobile

16  home owners, mobile home park owners, and homeowners'

17  associations, if the division has reasonable cause to believe

18  that a violation of any provision of this chapter or any rule

19  promulgated pursuant hereto has occurred, the division may

20  institute enforcement proceedings in its own name against a

21  developer, mobile home park owner, or homeowners' association,

22  or its assignee or agent, as follows:

23         (e)1.  The division may impose a civil penalty against

24  a mobile home park owner or homeowners' association, or its

25  assignee or agent, for any violation of this chapter, a

26  properly promulgated park rule or regulation, or a rule or

27  regulation promulgated pursuant hereto.  A penalty may be

28  imposed on the basis of each separate violation and, if the

29  violation is a continuing one, for each day of continuing

30  violation, but in no event may the penalty for each separate

31  violation or for each day of continuing violation exceed

                                 136

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  $5,000. All amounts collected shall be deposited with the

  2  Treasurer to the credit of the Division of Florida Land Sales,

  3  Condominiums, Timeshare, and Mobile Homes Trust Fund.

  4         2.  If a violator fails to pay the civil penalty, the

  5  division shall thereupon issue an order directing that such

  6  violator cease and desist from further violation until such

  7  time as the civil penalty is paid or may pursue enforcement of

  8  the penalty in a court of competent jurisdiction.  If a

  9  homeowners' association fails to pay the civil penalty, the

10  division shall thereupon pursue enforcement in a court of

11  competent jurisdiction, and the order imposing the civil

12  penalty or the cease and desist order shall not become

13  effective until 20 days after the date of such order.  Any

14  action commenced by the division shall be brought in the

15  county in which the division has its executive offices or in

16  which the violation occurred.

17         Section 91.  Section 723.0065, Florida Statutes, is

18  amended to read:

19         723.0065  Public records exemption; findings.--The

20  Legislature, in narrowing the existing public records

21  exemption pursuant to s. 1, chapter 94-78, Laws of Florida,

22  finds that a public necessity exists to keep confidential and

23  retain the public records exemption for financial records of

24  mobile home park owners acquired by the division of Florida

25  Land Sales, Condominiums, and Mobile Homes when performing its

26  duties under the Florida Mobile Home Act unless the mobile

27  home park owner has violated the provisions of this chapter.

28  In that case, only those financial records that are

29  specifically relevant to the finding of violation should be

30  released. If it were otherwise, the division would encounter

31  difficulties in procuring such proprietary information which

                                 137

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  would impede the effective and efficient performance of the

  2  division's public duties. Additionally, release of such

  3  proprietary information would harm the business interests of

  4  innocent mobile home park owners to the advantage of

  5  competitors and potential purchasers. Effective monitoring of

  6  the division's performance of its duties can be conducted

  7  without access to these records, and these records are

  8  otherwise available pursuant to a civil complaint as

  9  envisioned by the act. Accordingly, the public good served by

10  access to financial records of a mobile home park owner who

11  has not violated the provisions of this chapter is outweighed

12  by the interference with division investigations and the

13  private harm that could be caused by allowing such access.

14         Section 92.  Section 723.009, Florida Statutes, is

15  amended to read:

16         723.009  Division of Florida Land Sales, Condominiums,

17  Timeshare, and Mobile Homes Trust Fund.--All proceeds from the

18  fees, penalties, and fines imposed pursuant to this chapter

19  shall be deposited into the Division of Florida Land Sales,

20  Condominiums, Timeshare, and Mobile Homes Trust Fund created

21  by s. 718.509 498.019.  Moneys in this fund, as appropriated

22  by the Legislature pursuant to chapter 216, may be used to

23  defray the expenses incurred by the division in administering

24  the provisions of this chapter.

25         Section 93.  Subsection (2) of section 73.073, Florida

26  Statutes, is amended to read:

27         73.073  Eminent domain procedure with respect to

28  condominium common elements.--

29         (2)  With respect to the exercise of eminent domain or

30  a negotiated sale for the purchase or taking of a portion of

31  the common elements of a condominium, the condemning authority

                                 138

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1  shall have the responsibility of contacting the condominium

  2  association and acquiring the most recent rolls indicating the

  3  names of the unit owners or contacting the appropriate taxing

  4  authority to obtain the names of the owners of record on the

  5  tax rolls. Notification shall thereupon be sent by certified

  6  mail, return receipt requested, to the unit owners of record

  7  of the condominium units by the condemning authority

  8  indicating the intent to purchase or take the required

  9  property and requesting a response from the unit owner. The

10  condemning authority shall be responsible for the expense of

11  sending notification pursuant to this section. Such notice

12  shall, at a minimum, include:

13         (a)  The name and address of the condemning authority.

14         (b)  A written or visual description of the property.

15         (c)  The public purpose for which the property is

16  needed.

17         (d)  The appraisal value of the property.

18         (e)  A clear, concise statement relating to the unit

19  owner's right to object to the taking or appraisal value and

20  the procedures and effects of exercising that right.

21         (f)  A clear, concise statement relating to the power

22  of the association to convey the property on behalf of the

23  unit owners if no objection to the taking or appraisal value

24  is raised, and the effects of this alternative on the unit

25  owner.

26  

27  The Division of Florida Land Sales, Condominiums, Timeshare,

28  and Mobile Homes of the Department of Business and

29  Professional Regulation may adopt, by rule, a standard form

30  for such notice and may require the notice to include any

31  additional relevant information.

                                 139

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         Section 94.  Paragraph (e) of subsection (6) of section

  2  192.037, Florida Statutes, is amended to read:

  3         192.037  Fee timeshare real property; taxes and

  4  assessments; escrow.--

  5         (6)

  6         (e)  On or before May 1 of each year, a statement of

  7  receipts and disbursements of the escrow account must be filed

  8  with the Division of Florida Land Sales, Condominiums,

  9  Timeshare, and Mobile Homes of the Department of Business and

10  Professional Regulation, which may enforce this paragraph

11  pursuant to s. 721.26. This statement must appropriately show

12  the amount of principal and interest in such account.

13         Section 95.  Paragraph (i) of subsection (7) of section

14  213.053, Florida Statutes, is amended to read:

15         213.053  Confidentiality and information sharing.--

16         (7)  Notwithstanding any other provision of this

17  section, the department may provide:

18         (i)  Information relative to chapters 212 and 326 to

19  the Division of Florida Land Sales, Condominiums, and Mobile

20  Homes of the Department of Business and Professional

21  Regulation in the conduct of its official duties.

22  

23  Disclosure of information under this subsection shall be

24  pursuant to a written agreement between the executive director

25  and the agency.  Such agencies, governmental or

26  nongovernmental, shall be bound by the same requirements of

27  confidentiality as the Department of Revenue.  Breach of

28  confidentiality is a misdemeanor of the first degree,

29  punishable as provided by s. 775.082 or s. 775.083.

30         Section 96.  Paragraph (w) of subsection (4) of section

31  215.20, Florida Statutes, is amended to read:

                                 140

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         215.20  Certain income and certain trust funds to

  2  contribute to the General Revenue Fund.--

  3         (4)  The income of a revenue nature deposited in the

  4  following described trust funds, by whatever name designated,

  5  is that from which the deductions authorized by subsection (3)

  6  shall be made:

  7         (w)  The Division of Florida Land Sales, Condominiums,

  8  Timeshare, and Mobile Homes Trust Fund established pursuant to

  9  s. 718.509 498.019.

10  

11  The enumeration of the foregoing moneys or trust funds shall

12  not prohibit the applicability thereto of s. 215.24 should the

13  Governor determine that for the reasons mentioned in s. 215.24

14  the money or trust funds should be exempt herefrom, as it is

15  the purpose of this law to exempt income from its force and

16  effect when, by the operation of this law, federal matching

17  funds or contributions or private grants to any trust fund

18  would be lost to the state.

19         Section 97.  Paragraph (a) of subsection (4) of section

20  380.0651, Florida Statutes, is amended to read:

21         380.0651  Statewide guidelines and standards.--

22         (4)  Two or more developments, represented by their

23  owners or developers to be separate developments, shall be

24  aggregated and treated as a single development under this

25  chapter when they are determined to be part of a unified plan

26  of development and are physically proximate to one other.

27         (a)  The criteria of two of the following subparagraphs

28  must be met in order for the state land planning agency to

29  determine that there is a unified plan of development:

30         1.a.  The same person has retained or shared control of

31  the developments;

                                 141

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         b.  The same person has ownership or a significant

  2  legal or equitable interest in the developments; or

  3         c.  There is common management of the developments

  4  controlling the form of physical development or disposition of

  5  parcels of the development.

  6         2.  There is a reasonable closeness in time between the

  7  completion of 80 percent or less of one development and the

  8  submission to a governmental agency of a master plan or series

  9  of plans or drawings for the other development which is

10  indicative of a common development effort.

11         3.  A master plan or series of plans or drawings exists

12  covering the developments sought to be aggregated which have

13  been submitted to a local general-purpose government, water

14  management district, the Florida Department of Environmental

15  Protection, or the Division of Florida Land Sales,

16  Condominiums, Timeshare, and Mobile Homes for authorization to

17  commence development. The existence or implementation of a

18  utility's master utility plan required by the Public Service

19  Commission or general-purpose local government or a master

20  drainage plan shall not be the sole determinant of the

21  existence of a master plan.

22         4.  The voluntary sharing of infrastructure that is

23  indicative of a common development effort or is designated

24  specifically to accommodate the developments sought to be

25  aggregated, except that which was implemented because it was

26  required by a local general-purpose government; water

27  management district; the Department of Environmental

28  Protection; the Division of Florida Land Sales, Condominiums,

29  Timeshare, and Mobile Homes; or the Public Service Commission.

30         5.  There is a common advertising scheme or promotional

31  plan in effect for the developments sought to be aggregated.

                                 142

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         Section 98.  Subsection (5) of section 455.116, Florida

  2  Statutes, is amended to read:

  3         455.116  Regulation trust funds.--The following trust

  4  funds shall be placed in the department:

  5         (5)  Division of Florida Land Sales, Condominiums,

  6  Timeshare, and Mobile Homes Trust Fund.

  7         Section 99.  Section 475.455, Florida Statutes, is

  8  amended to read:

  9         475.455  Exchange of disciplinary information.--The

10  commission shall inform the Division of Florida Land Sales,

11  Condominiums, Timeshare, and Mobile Homes of the Department of

12  Business and Professional Regulation of any disciplinary

13  action the commission has taken against any of its licensees.

14  The division shall inform the commission of any disciplinary

15  action the division has taken against any broker or

16  salesperson registered with the division.

17         Section 100.  Section 509.512, Florida Statutes, is

18  amended to read:

19         509.512  Timeshare plan developer and exchange company

20  exemption.--Sections 509.501-509.511 do not apply to a

21  developer of a timeshare plan or an exchange company approved

22  by the Division of Florida Land Sales, Condominiums,

23  Timeshare, and Mobile Homes pursuant to chapter 721, but only

24  to the extent that the developer or exchange company engages

25  in conduct regulated under chapter 721.

26         Section 101.  Subsection (1) of section 559.935,

27  Florida Statutes, is amended to read:

28         559.935  Exemptions.--

29         (1)  This part does not apply to:

30         (a)  A bona fide employee of a seller of travel who is

31  engaged solely in the business of her or his employer;

                                 143

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (b)  Any direct common carrier of passengers or

  2  property regulated by an agency of the Federal Government or

  3  employees of such carrier when engaged solely in the

  4  transportation business of the carrier as identified in the

  5  carrier's certificate;

  6         (c)  An intrastate common carrier of passengers or

  7  property selling only transportation as defined in the

  8  applicable state or local registration or certification, or

  9  employees of such carrier when engaged solely in the

10  transportation business of the carrier;

11         (d)  Hotels, motels, or other places of public

12  accommodation selling public accommodations, or employees of

13  such hotels, motels, or other places of public accommodation,

14  when engaged solely in making arrangements for lodging,

15  accommodations, or sightseeing tours within the state, or

16  taking reservations for the traveler with times, dates,

17  locations, and accommodations certain at the time the

18  reservations are made, provided that hotels and motels

19  registered with the Department of Business and Professional

20  Regulation pursuant to chapter 509 are excluded from the

21  provisions of this chapter;

22         (e)  Persons involved solely in the rental, leasing, or

23  sale of residential property;

24         (f)  Persons involved solely in the rental, leasing, or

25  sale of transportation vehicles;

26         (g)  Persons who make travel arrangements for

27  themselves; for their employees or agents; for distributors,

28  franchisees, or dealers of the persons' products or services;

29  for entities which are financially related to the persons; or

30  for the employees or agents of the distributor, franchisee, or

31  dealer or financially related entity;

                                 144

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1         (h)  A developer of a timeshare plan or an exchange

  2  company approved by the Division of Florida Land Sales,

  3  Condominiums, Timeshare, and Mobile Homes pursuant to chapter

  4  721, but only to the extent that the developer or exchange

  5  company engages in conduct regulated under chapter 721; or

  6         (i)  Persons or entities engaged solely in offering

  7  diving services, including classes and sales or rentals of

  8  equipment, when engaged in making any prearranged

  9  travel-related or tourist-related services in conjunction with

10  a primarily dive-related event.

11         Section 102.  Except as otherwise provided herein, this

12  act shall take effect October 1, 2001.

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                 145

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1            *****************************************

  2                          HOUSE SUMMARY

  3  
      Revises various provisions of law relating to
  4    organization and duties of the Department of Business and
      Professional Regulation.
  5  

  6    Revises minimum requirements for the number of consumer
      members on professional licensing boards.
  7  

  8    Transfers the regulation of yacht and ship brokers and
      salespersons from the Division of Florida Land Sales,
  9    Condominiums, and Mobile Homes to the Division of
      Professions. Revises provisions relating to criminal
10    history checks and administrative and civil penalties.
      Requires that all funds collected pursuant to such
11    regulation be deposited into the Professional Regulation
      Trust Fund.
12  

13    Provides that all applications for licensure be
      prescribed by the department. Provides for the electronic
14    submission of information to the department. Provides
      that all legal obligations must be met before the
15    issuance or renewal of a license.

16  
      Authorizes any division of the department to issue
17    citations in the enforcement of its regulatory provisions
      in accordance with the provisions established for such
18    purposes for the regulation of professions.

19  
      Provides for registration of talent agencies in lieu of
20    licensure.

21  
      Authorizes direct supervision by building code
22    administrators by telecommunications devices in certain
      localities and under specified circumstances. Requires
23    the payment of costs for certain building code
      enforcement applicants who fail to appear for scheduled
24    examinations, subject to waiver in case of hardship.

25  
      Allows for more than one type of seal to be used by
26    professional engineers.

27  
      Provides for exemption from ch. 472, F.S., relating to
28    land surveying and mapping, for certain subordinate
      employees. Revises provisions relating to access to lands
29    of others for surveying or mapping purposes. Provides
      applicability to subordinates. Requires certain notice.
30  

31    Abolishes the Barbers' Board and the Board of Cosmetology
      within the department and transfers the regulation of
                                 146

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                HB 1923

    190-983A-01






  1    both professions to the Board of Barbering and
      Cosmetology, which is newly created within the
  2    department. Provides for appointment of all members of
      the Board of Barbering and Cosmetology to staggered
  3    terms. Eliminates a requirement for refresher courses and
      examinations for failure of cosmetology licensees to
  4    comply with continuing education requirements. Provides
      authority for registration renewal and delinquent fees
  5    for hair braiders, hair wrappers, and body wrappers.

  6  
      Revises requirements relating to education for licensure
  7    as an architect. Provides for injunctive relief for
      certain violations relating to architecture and interior
  8    design.

  9  
      Reduces the number of members on the Construction
10    Industry Licensing Board. Relocates the offices of the
      board to Tallahassee. Provides for temporary certificates
11    and registrations. Revises grandfathering provisions for
      certification of registered contractors to qualify
12    persons holding certain registered local specialty
      licenses. Requires the Electrical Contractors' Licensing
13    Board to develop a plan to reduce its annual operating
      budget by a specified amount and submit such plan to the
14    department by a specified date. Revises provisions
      relating to licensure as an electrical or alarm system
15    contractor by endorsement.

16  
      Reassigns the regulation of land sales from the Division
17    of Florida Land Sales, Condominiums, and Mobile Homes to
      the Division of Real Estate. Requires all funds collected
18    by the department pursuant to the regulation of land
      sales to be deposited in the Professional Regulation
19    Trust Fund.

20  
      Renames the Division of Florida Land Sales, Condominiums,
21    and Mobile Homes as the Division of Condominiums,
      Timeshare, and Mobile Homes. Renames the Division of
22    Florida Land Sales, Condominiums, and Mobile Homes Trust
      Fund as the Division of Condominiums, Timeshare, and
23    Mobile Homes Trust Fund. Provides division enforcement
      powers and duties. Provides for injunction, restitution,
24    and civil penalties. Provides certain immunity. Provides
      for use of certain documents as evidence. Provides for
25    certain notice. Provides for intervention in suits.
      Locates the executive offices of the division in
26    Tallahassee. Authorizes branch offices. Provides for
      adoption and use of a seal. Provides applicability to
27    specified chapters of the Florida Statutes.

28  

29  

30  

31  

                                 147

CODING: Words stricken are deletions; words underlined are additions.