House Bill hb0887
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Florida House of Representatives - 2002 HB 887
By Representative Melvin
1 A bill to be entitled
2 An act relating to real property reform;
3 establishing the Mandated Property Reform Task
4 Force; providing for appointment of members and
5 organization of the task force; specifying
6 duties; providing for reports; providing for
7 termination; providing an appropriation;
8 providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Mandated Property Reform Task Force;
13 membership; duties.--
14 (1) The Mandated Property Reform Task Force is
15 established and shall review and recommend appropriate changes
16 to the laws of this state affecting land sales, exemptions,
17 and mandatory homeowners' associations and disclosure laws
18 related to adult and residential subdivisions. The task force
19 shall issue recommendations in its preliminary and final
20 reports to the Governor and the Legislature by the dates
21 specified in subsection (5). The Senate Regulated Industries
22 Committee and the House Committee on Judicial Oversight shall
23 provide administrative staff for the task force. The task
24 force shall consist of the following members, who shall be
25 appointed by July 1, 2002:
26 (a) Eleven members to be appointed by the Governor.
27 (b) Five members to be appointed by the President of
28 the Senate.
29 (c) Five members to be appointed by the Speaker of the
30 House of Representatives.
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Florida House of Representatives - 2002 HB 887
556-258-02
1 (d) A representative from the Attorney General's
2 office.
3 (e) Twelve members representing homeowners' rights and
4 consumer interests who shall be selected from a pool of
5 candidates solicited for appointment by the Governor, the
6 President of the Senate, and the Speaker of the House of
7 Representatives, six of whom shall be appointed by the
8 Governor, three of whom shall be appointed by the President of
9 the Senate, and three of whom shall be appointed by the
10 Speaker of the House of Representatives.
11 (f) Five members of the Legislature who shall be ex
12 officio, nonvoting members of the task force, appointed as
13 follows:
14 1. Three Senators, to be appointed by the President of
15 the Senate, one of whom is a member of the Senate Agriculture
16 and Consumer Services Committee, one of whom is a member of
17 the Senate Judiciary Committee, and one of whom is a member of
18 the Senate Regulated Industries Committee.
19 2. Two Representatives, to be appointed by the Speaker
20 of the House of Representatives, one of whom is a member of
21 the House Committee on Business Regulation and one of whom is
22 a member of the House Committee on Judicial Oversight.
23 (2)(a) Selection of task force members shall be made
24 in a manner which ensures a fair and balanced representation
25 from the industry sector and consumer advocates with a
26 substantial public record of endeavors on behalf of
27 homeowners' rights and consumer interests.
28 (b) Each appointed member of the task force shall
29 serve at the pleasure of the appointing official. A vacancy on
30 the task force shall be filled in the same manner as the
31 original appointment.
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Florida House of Representatives - 2002 HB 887
556-258-02
1 (c) The task force shall elect a chair from among its
2 members.
3 (d) Members of the task force shall serve without
4 compensation but are entitled to reimbursement for per diem
5 and travel expenses incurred in the performance of their
6 duties as provided in s. 112.061, Florida Statutes.
7 (3) The task force shall hold its organizational
8 meeting by August 1, 2002, and thereafter shall meet as
9 scheduled at the time and place designated by the chair. A
10 majority of the members of the task force constitutes a
11 quorum, and a quorum is necessary for the purpose of
12 conducting official business of the task force. The task force
13 shall use accepted rules of procedure to conduct its meetings
14 and shall keep a complete record of each meeting.
15 (4) The task force shall evaluate the changes and
16 additions, if any, to those laws which may be appropriate to
17 protect the interests of consumers and property owners on
18 matters including, but not limited to, control of the
19 homeowners' association's operations, management and
20 maintenance, disclosure of financial reports by developers or
21 owners, disclosure of all governing documents governing the
22 real property, penalties for noncompliance, oversight and
23 funding for such protection of interests, alternative dispute
24 resolution, and assistance in the formulation of rules to
25 implement enforcement.
26 (5)(a) By February 1, 2003, the task force shall
27 submit a preliminary report to the Governor, the President of
28 the Senate, and the Speaker of the House of Representatives.
29 (b) By February 1, 2004, the task force shall submit a
30 final report to the Governor, the President of the Senate, and
31 the Speaker of the House of Representatives.
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Florida House of Representatives - 2002 HB 887
556-258-02
1 (6) This act is repealed and the task force is
2 terminated June 30, 2004.
3 Section 2. The sum of $100,000 is appropriated from
4 the General Revenue Fund to the Office of Legislative Services
5 for the purpose of paying administrative expenses and funding
6 contracts necessary to carry out the provisions of this act.
7 Section 3. This act shall take effect upon becoming a
8 law.
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11 HOUSE SUMMARY
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Establishes the Mandated Property Reform Task Force to
13 review and recommend appropriate changes to state laws
affecting land sales, exemptions, and mandatory
14 homeowners' associations and disclosure laws related to
adult and residential subdivisions.
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