CS/CS/HB 601

1	A bill to be entitled
2	An act relating to the Department of Business and
3	Professional Regulation; amending s. 718.111, F.S.;
4	requiring that hazard insurance be based upon the
5	replacement cost of the property to be insured as
6	determined by an independent insurance appraisal or update
7	of a prior appraisal; requiring that the full insurable
8	value be determined at specified intervals; providing a
9	means by which an association may provide adequate hazard
10	insurance; authorizing an association to consider certain
11	information when determining coverage amounts; providing
12	for coverage by developer-controlled associations;
13	providing that policies may include deductibles as
14	determined by the association's board of directors;
15	providing requirements and guidelines for the
16	establishment of such deductibles; requiring that the
17	amounts of deductibles be set at a meeting of the board;
18	providing requirements for such meeting; requiring that an
19	association controlled by unit owners operating as a
20	residential condominium use its best efforts to obtain and
21	maintain adequate insurance to protect the association and
22	property under its supervision or control; providing that
23	a declaration of condominium may provide that condominium
24	property consisting of freestanding buildings comprised of
25	no more than one building in or on such unit need not be
26	insured by the association if the declaration requires the
27	unit owner to obtain adequate insurance for the
28	condominium property; authorizing an association to obtain
29	and maintain liability insurance for directors and
30	officers, insurance for the benefit of association
31	employees, and flood insurance for common elements,
32	association property, and units; requiring that every
33	hazard insurance policy issued or renewed on or after a
34	specified date for the purpose of protecting the
35	condominium provide certain coverage; requiring that such
36	policies contain certain provisions; providing that such
37	policies issued to individual unit owners do not provide
38	rights of subrogation against the condominium association;
39	providing for the insurance of improvements or additions
40	benefiting fewer than all unit owners; requiring that an
41	association require each owner to provide evidence of a
42	current policy of hazard and liability insurance upon
43	request; limiting the frequency with which an association
44	may make such a request; authorizing an association to
45	purchase coverage on behalf of an owner under certain
46	circumstances; providing for the collection of the costs
47	of such a policy; providing responsibilities of the unit
48	owner and association with regard to reconstruction work
49	and associated costs after a casualty loss; authorizing a
50	multicondominium association to operate such condominiums
51	as a single condominium for certain purposes by majority
52	vote of the members of all applicable condominiums;
53	providing that such election constitutes an amendment to
54	the declaration of all applicable condominiums; requiring
55	that an association maintain insurance or fidelity bonding
56	for all persons who control or disburse association funds;
57	requiring that such insurance policy or fidelity bond
58	cover the maximum funds in the custody of the association
59	or its management agent at any one time; defining the term
60	"persons who control or disburse funds of the
61	association"; authorizing an association to amend the
62	declaration of condominium without regard to any
63	requirement for approval by mortgagees of amendments
64	affecting insurance requirements for the purpose of
65	conforming the declaration of condominium to certain
66	coverage requirements; providing that any portion of the
67	condominium property required to be insured by the
68	association against casualty loss which is damaged be
69	reconstructed, repaired, or replaced as necessary by the
70	association as a common expense; providing that all hazard
71	insurance deductibles, uninsured losses, and other damages
72	in excess of hazard insurance coverage under the hazard
73	insurance policies maintained by the association are a
74	common expense of the condominium; providing exceptions;
75	allocating responsibility for certain costs of repair or
76	reconstruction; authorizing an association to opt out of
77	certain requirements related to such allocation of
78	responsibility by majority vote; providing a procedure by
79	which a multicondominium association that has not
80	consolidated its financial operations may opt out of such
81	allocation of responsibility; requiring that a decision to
82	opt out be recorded; providing that such decision takes
83	effect on the date on which it is recorded; authorizing
84	the reversal of such decision; providing a procedure for
85	reversal; providing that an association is not obligated
86	to pay for any reconstruction or repair expenses for
87	improvements made by an owner or the development if an
88	improvement benefits only the unit for which it was
89	installed; amending s. 718.115, F.S.; requiring that
90	certain expenses be designated as common expenses;
91	amending s. 718.116, F.S.; authorizing the designee of a
92	unit owner or mortgagee to request a certificate of
93	assessment; requiring that the fee for preparation of such
94	certificate be stated on the certificate; providing for
95	the establishment of such fees; providing for payment of
96	the fee; requiring that the fee be refunded if a planned
97	sale or mortgage does not occur; providing that any such
98	refund is the obligation of the unit owner and is
99	collectable in the same manner as an assessment; amending
100	s. 718.117, F.S.; prohibiting the distribution of proceeds
101	from the sale of a condominium unit to a lienholder from
102	exceeding a unit owner's share of the proceeds; creating
103	s. 720.30851, F.S.; requiring that the association provide
104	a certificate signed by an officer or agent of the
105	association stating all assessments and other moneys owed
106	to the association by the parcel owner or mortgagee with
107	respect to the parcel within a specified period after the
108	association's receipt of a request for an estoppel
109	certificate by an owner or mortgagee; providing that any
110	person other than a parcel owner who relies upon a
111	certificate receives the benefits and protection thereof;
112	providing that a summary proceeding may be brought to
113	compel the association to comply with the requirement to
114	provide a certificate; providing that the prevailing party
115	is entitled to recover reasonable attorney's fees;
116	requiring that the fee for preparation of such certificate
117	be stated on the certificate; providing for the
118	establishment of such fees; providing for payment of the
119	fee; requiring that the fee be refunded if a planned sale
120	or mortgage does not occur; providing that any such refund
121	is the obligation of the parcel owner and is collectable
122	in the same manner as an assessment; amending s. 20.165,
123	F.S.; changing the name of the Division of Florida Land
124	Sales, Condominiums, and Mobile Homes to the Division of
125	Florida Condominiums, Timeshares, and Mobile Homes and the
126	Division of Technology, Licensure, and Testing to the
127	Division of Technology; amending s. 215.20, F.S.;
128	conforming the name of the division's trust fund to
129	correspond to the name change of the division; amending s.
130	450.33, F.S.; removing the requirement for a farm labor
131	contractor to file a set of fingerprints with the
132	department; amending s. 455.203, F.S.; authorizing the
133	department to close and terminate deficient license
134	applications and to approve professional license
135	applications meeting certain criteria; amending s.
136	455.217, F.S.; conforming terminology to changes made by
137	the act; amending s. 455.2273, F.S.; authorizing the
138	section to apply to disciplinary guidelines adopted by all
139	boards and divisions; amending s. 468.841, F.S.;
140	clarifying exemption provisions for license provisions
141	governing mold-related services; amending s. 475.17, F.S.;
142	revising requirements for licensure as a real estate
143	broker; amending s. 475.451, F.S.; deleting requirements
144	relating to the submission of certain real estate course
145	rosters to the department; amending s. 477.019, F.S.,
146	relating to cosmetologists; allowing a student to apply
147	for licensure examination prior to graduation and to
148	practice prior to licensure; amending s. 489.105, F.S.;
149	clarifying that individuals and business entities that
150	sell manufactured and factory-built buildings can legally
151	enter into contracts for those sales; amending s. 489.511,
152	F.S.; revising requirements for taking the electrical or
153	alarm system contractor certification examination;
154	providing requirements for certification; amending s.
155	489.515, F.S.; revising requirements for certification as
156	a certified contractor by the Electrical Contractors'
157	Licensing Board to reflect changes made to s. 489.511,
158	F.S., by this act; renumbering s. 498.009, F.S., relating
159	to the location of the division's offices; amending and
160	renumbering s. 498.011, F.S., relating to payment of per
161	diem, mileage, and other expenses for division employees;
162	providing for reimbursement of expenses for on-site
163	review; deleting the expense reimbursement for inspection
164	of subdivided lands; renumbering s. 498.013, F.S.,
165	relating to the authentication of records; amending and
166	renumbering s. 498.057, F.S., relating to service of
167	process; deleting provision that service may be made by
168	delivering a copy of the process to the division director;
169	providing that the division can be the petitioner or the
170	plaintiff; repealing ss. 498.001, 498.003, 498.005,
171	498.007, 498.017, 498.021, 498.022, 498.023, 498.024,
172	498.025, 498.027, 498.028, 498.029, 498.031, 498.033,
173	498.035, 498.037, 498.039, 498.041, 498.047, 498.049,
174	498.051, 498.053, 498.059, 498.061, and 498.063, F.S.,
175	relating to regulation of land sales practices; amending
176	s. 548.0065, F.S.; including amateur mixed martial arts in
177	a provision relating to the authority of the Florida State
178	Boxing Commission to suspend amateur matches for violation
179	of certain health and safety standards; amending s.
180	548.008, F.S.; removing prohibition against holding
181	amateur mixed martial arts matches in this state; amending
182	s. 548.041, F.S.; providing additional licensure
183	requirements for boxing participants; amending s. 718.501,
184	F.S.; providing additional powers and duties of the
185	division; providing for additional enforcement proceedings
186	for carrying out the purposes of ch. 718, F.S.; deleting
187	the payment of money by a developer to a condominium
188	association as a permissible affirmative action; providing
189	for actions of conservator or receiver; providing for
190	application to circuit court for an order of restitution;
191	providing for imposition of civil penalties and award of
192	court costs, attorney's fees, and costs of investigation
193	under certain circumstances; providing for contracting for
194	investigative services; providing for acceptance of
195	grants-in-aid; requiring the cooperation with similar
196	agencies on establishment of certain procedures,
197	standards, and forms; providing what constitutes
198	completeness of notice; authorizing the division to issue
199	a notice to show cause; providing conforming changes;
200	amending s. 718.509, F.S., and transferring, renumbering,
201	and amending s. 498.019, F.S.; consolidating and revising
202	provisions relating to the creation, purposes, and sources
203	of funds of the Division of Florida Condominiums,
204	Timeshares, and Mobile Homes Trust Fund; revising
205	provisions to conform to the change in division name;
206	providing for the deposit of moneys resulting from an
207	administrative final order; amending s. 721.03, F.S.;
208	clarifying that timeshare plan includes a nonspecific
209	multisite timeshare plan; amending ss. 73.073, 190.009,
210	192.037, 213.053, 326.002, 326.006, 380.05, 380.06,
211	380.0651, 381.0065, 455.116, 475.455, 494.008, 509.512,
212	517.301, 559.935, 718.103, 718.105, 718.1255, 718.5011,
213	718.502, 718.504, 718.508, 718.608, 719.103, 719.1255,
214	719.501, 719.502, 719.504, 719.508, 719.608, 720.301,
215	720.401, 721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
216	721.50, 723.003, 723.006, 723.009, and 723.0611, F.S., to
217	conform; providing effective dates.
218
219	Be It Enacted by the Legislature of the State of Florida:
220
221	Section 1.  Subsection (11) of section 718.111, Florida
222	Statutes, is amended to read:
223	718.111  The association.--
224	(11)  INSURANCE.--In order to protect the safety, health,
225	and welfare of the people of the State of Florida and to ensure
226	consistency in the provision of insurance coverage to
227	condominiums and their unit owners, this subsection applies
228	paragraphs (a), (b), and (c) are deemed to apply to every
229	residential condominium in the state, regardless of the date of
230	its declaration of condominium. It is the intent of the
231	Legislature to encourage lower or stable insurance premiums for
232	associations described in this subsection section.
233	(a)  Adequate hazard insurance, regardless of any
234	requirement in the declaration of condominium for coverage by
235	the association for full insurable value, replacement cost, or
236	similar coverage, shall be based upon the replacement cost of
237	the property to be insured as determined by an independent
238	insurance appraisal or update of a prior appraisal. The full
239	insurable value shall be determined at least once every 36
240	months.
241	1.  An association or group of associations may provide
242	adequate hazard insurance through a self-insurance fund that
243	complies with the requirements of ss. 624.460-624.488.
244	2.  The association may also provide adequate hazard
245	insurance coverage individually or for a group of no fewer than
246	three communities created and operating under this chapter,
247	chapter 719, chapter 720, or chapter 721 by obtaining and
248	maintaining for such communities insurance coverage sufficient
249	to cover an amount equal to the probable maximum loss for the
250	communities for a 250-year windstorm event. Such probable
251	maximum loss must be determined through the use of a competent
252	model that has been accepted by the Florida Commission on
253	Hurricane Loss Projection Methodology. No policy or program
254	providing such coverage shall be issued or renewed after July 1,
255	2008, unless it has been reviewed and approved by the Office of
256	Insurance Regulation.  The review and approval shall include
257	approval of the policy and related forms pursuant to ss. 627.410
258	and 627.411, approval of the rates pursuant to s. 627.062, a
259	determination that the loss model approved by the Commission was
260	accurately and appropriately applied to the insured structures
261	to determine the 250-year probable maximum loss, and a
262	determination that complete and  accurate disclosure of all
263	material provisions is provided to condominium unit owners prior
264	to execution of the agreement by a condominium association.
265	3.  When determining the adequate amount of hazard
266	insurance coverage, the association may consider deductibles as
267	determined by this subsection.
268	(b)  If an association is a developer-controlled
269	association, the association shall exercise its best efforts to
270	obtain and maintain insurance as described in paragraph (a).
271	Failure to obtain and maintain adequate hazard insurance during
272	any period of developer control constitutes a breach of
273	fiduciary responsibility by the developer-appointed members of
274	the board of directors of the association, unless the members
275	can show that despite such failure, they have made their best
276	efforts to maintain the required coverage.
277	(c)  Policies may include deductibles as determined by the
278	board.
279	1.  The deductibles shall be consistent with industry
280	standards and prevailing practice for communities of similar
281	size and age, and having similar construction and facilities in
282	the locale where the condominium property is situated.
283	2.  The deductibles may be based upon available funds,
284	including reserve accounts, or predetermined assessment
285	authority at the time the insurance is obtained.
286	3.  The board shall establish the amount of deductibles
287	based upon the level of available funds and predetermined
288	assessment authority at a meeting of the board. Such meeting
289	shall be open to all unit owners in the manner set forth in s.
290	718.112(2)(e). The notice of such meeting must state the
291	proposed deductible and the available funds and the assessment
292	authority relied upon by the board and estimate any potential
293	assessment amount against each unit, if any. The meeting
294	described in this paragraph may be held in conjunction with a
295	meeting to consider the proposed budget or an amendment thereto.
296	(d)  An association controlled by unit owners operating as
297	a residential condominium shall use its best efforts to obtain
298	and maintain adequate insurance to protect the association, the
299	association property, the common elements, and the condominium
300	property that is required to be insured by the association
301	pursuant to this subsection.
302	(e)  The declaration of condominium as originally recorded,
303	or as amended pursuant to procedures provided therein, may
304	provide that condominium property consisting of freestanding
305	buildings comprised of no more than one building in or on such
306	unit need not be insured by the association if the declaration
307	requires the unit owner to obtain adequate insurance for the
308	condominium property. An association may also obtain and
309	maintain liability insurance for directors and officers,
310	insurance for the benefit of association employees, and flood
311	insurance for common elements, association property, and units.
312	(f)  Every hazard insurance policy issued or renewed on or
313	after January 1, 2009, for the purpose of protecting the
314	condominium shall provide primary coverage for:
315	1.  All portions of the condominium property as originally
316	installed or replacement of like kind and quality, in accordance
317	with the original plans and specifications.
318	2.  All alterations or additions made to the condominium
319	property or association property pursuant to s. 718.113(2).
320	3.  The coverage shall exclude all personal property within
321	the unit or limited common elements, and floor, wall, and
322	ceiling coverings, electrical fixtures, appliances, water
323	heaters, water filters, built-in cabinets and countertops, and
324	window treatments, including curtains, drapes, blinds, hardware,
325	and similar window treatment components, or replacements of any
326	of the foregoing.
327	(g)  Every hazard insurance policy issued or renewed on or
328	after January 1, 2009, to an individual unit owner must contain
329	a provision stating that the coverage afforded by such policy is
330	excess coverage over the amount recoverable under any other
331	policy covering the same property. Such policies must include
332	special assessment coverage of no less than $2,000 per
333	occurrence. An insurance policy issued to an individual unit
334	owner providing such coverage does not provide rights of
335	subrogation against the condominium association operating the
336	condominium in which such individual's unit is located.
337	1.  All improvements or additions to the condominium
338	property that benefit fewer than all unit owners shall be
339	insured by the unit owner or owners having the use thereof, or
340	may be insured by the association at the cost and expense of the
341	unit owners having the use thereof.
342	2.  The association shall require each owner to provide
343	evidence of a currently effective policy of hazard and liability
344	insurance upon request, but not more than once per year. Upon
345	the failure of an owner to provide a certificate of insurance
346	issued by an insurer approved to write such insurance in this
347	state within 30 days after the date on which a written request
348	is delivered, the association may purchase a policy of insurance
349	on behalf of an owner. The cost of such a policy, together with
350	reconstruction costs undertaken by the association but which are
351	the responsibility of the unit owner, may be collected in the
352	manner provided for the collection of assessments in s. 718.116.
353	3.  All reconstruction work after a casualty loss shall be
354	undertaken by the association except as otherwise authorized in
355	this section. A unit owner may undertake reconstruction work on
356	portions of the unit with the prior written consent of the board
357	of administration. However, such work may be conditioned upon
358	the approval of the repair methods, the qualifications of the
359	proposed contractor, or the contract that is used for that
360	purpose. A unit owner shall obtain all required governmental
361	permits and approvals prior to commencing reconstruction.
362	4.  Unit owners are responsible for the cost of
363	reconstruction of any portions of the condominium property for
364	which the unit owner is required to carry casualty insurance,
365	and any such reconstruction work undertaken by the association
366	shall be chargeable to the unit owner and enforceable as an
367	assessment pursuant to s. 718.116. The association must be an
368	additional named insured and loss payee on all casualty
369	insurance policies issued to unit owners in the condominium
370	operated by the association.
371	5.  A multicondominium association may elect, by a majority
372	vote of the collective members of the condominiums operated by
373	the association, to operate such condominiums as a single
374	condominium for purposes of insurance matters, including, but
375	not limited to, the purchase of the hazard insurance required by
376	this section and the apportionment of deductibles and damages in
377	excess of coverage. The election to aggregate the treatment of
378	insurance premiums, deductibles, and excess damages constitutes
379	an amendment to the declaration of all condominiums operated by
380	the association, and the costs of insurance shall be stated in
381	the association budget. The amendments shall be recorded as
382	required by s. 718.110.
383	(h)  The association shall maintain insurance or fidelity
384	bonding of all persons who control or disburse funds of the
385	association. The insurance policy or fidelity bond must cover
386	the maximum funds that will be in the custody of the association
387	or its management agent at any one time. As used in this
388	paragraph, the term "persons who control or disburse funds of
389	the association" includes, but is not limited to, those
390	individuals authorized to sign checks on behalf of the
391	association, and the president, secretary, and treasurer of the
392	association. The association shall bear the cost of any such
393	bonding.
394	(i)  The association may amend the declaration of
395	condominium without regard to any requirement for approval by
396	mortgagees of amendments affecting insurance requirements for
397	the purpose of conforming the declaration of condominium to the
398	coverage requirements of this subsection.
399	(j)  Any portion of the condominium property required to be
400	insured by the association against casualty loss pursuant to
401	paragraph (f) which is damaged by casualty shall be
402	reconstructed, repaired, or replaced as necessary by the
403	association as a common expense. All hazard insurance
404	deductibles, uninsured losses, and other damages in excess of
405	hazard insurance coverage under the hazard insurance policies
406	maintained by the association are a common expense of the
407	condominium, except that:
408	1.  A unit owner is responsible for the costs of repair or
409	replacement of any portion of the condominium property not paid
410	by insurance proceeds, if such damage is caused by intentional
411	conduct, negligence, or failure to comply with the terms of the
412	declaration or the rules of the association by a unit owner, the
413	members of his or her family, unit occupants, tenants, guests,
414	or invitees, without compromise of the subrogation rights of any
415	insurer as set forth in paragraph (g).
416	2.  The provisions of subparagraph 1. regarding the
417	financial responsibility of a unit owner for the costs of
418	repairing or replacing other portions of the condominium
419	property also applies to the costs of repair or replacement of
420	personal property of other unit owners or the association, as
421	well as other property, whether real or personal, which the unit
422	owners are required to insure under paragraph (g).
423	3.  To the extent the cost of repair or reconstruction for
424	which the unit owner is responsible under this paragraph is
425	reimbursed to the association by insurance proceeds, and, to the
426	extent the association has collected the cost of such repair or
427	reconstruction from the unit owner, the association shall
428	reimburse the unit owner without the waiver of any rights of
429	subrogation.
430	4.  The association is not obligated to pay for repair or
431	reconstruction or repairs of casualty losses as a common expense
432	if the casualty losses were known or should have been known to a
433	unit owner and were not reported to the association until after
434	the insurance claim of the association for that casualty was
435	settled or resolved with finality, or denied on the basis that
436	it was untimely filed.
437	(k)  An association may, upon the approval of a majority of
438	the total voting interests in the association, opt out of the
439	provisions of paragraph (j) for the allocation of repair or
440	reconstruction expenses and allocate repair or reconstruction
441	expenses in the manner provided in the declaration as originally
442	recorded or as amended. Such vote may be approved by the voting
443	interests of the association without regard to any mortgagee
444	consent requirements.
445	(l)  In a multicondominium association that has not
446	consolidated its financial operations under s. 718.111(6), any
447	condominium operated by the association may opt out of the
448	provisions of paragraph (j) with the approval of a majority of
449	the total voting interests in that condominium. Such vote may be
450	approved by the voting interests without regard to any mortgagee
451	consent requirements.
452	(m)  Any association or condominium voting to opt out of
453	the guidelines for repair or reconstruction expenses as
454	described in paragraph (j) must record a notice setting forth
455	the date of the opt-out vote and the page of the official
456	records book on which the declaration is recorded. The decision
457	to opt out is effective upon the date of recording of the notice
458	in the public records by the association. An association that
459	has voted to opt out of paragraph (j) may reverse that decision
460	by the same vote required in paragraphs (k) and (l), and notice
461	thereof shall be recorded in the official records.
462	(n)  The association is not obligated to pay for any
463	reconstruction or repair expenses due to casualty loss to any
464	improvements installed by a current or former owner of the unit
465	or by the developer if the improvement benefits only the unit
466	for which it was installed and is not part of the standard
467	improvements installed by the developer on all units as part of
468	original construction, whether or not such improvement is
469	located within the unit. This paragraph does not relieve any
470	party of its obligations regarding recovery due under any
471	insurance implemented specifically for any such improvements.
472	(o)  The provisions of this subsection shall not apply to
473	timeshare condominium associations.  Insurance for timeshare
474	condominium associations shall be maintained pursuant to s.
475	721.165. Therefore, the Legislature requires a report to be
476	prepared by the Office of Insurance Regulation of the Department
477	of Financial Services for publication 18 months from the
478	effective date of this act, evaluating premium increases or
479	decreases for associations, unit owner premium increases or
480	decreases, recommended changes to better define common areas, or
481	any other information the Office of Insurance Regulation deems
482	appropriate.
483	(a)  A unit-owner controlled association operating a
484	residential condominium shall use its best efforts to obtain and
485	maintain adequate insurance to protect the association, the
486	association property, the common elements, and the condominium
487	property required to be insured by the association pursuant to
488	paragraph (b). If the association is developer controlled, the
489	association shall exercise due diligence to obtain and maintain
490	such insurance. Failure to obtain and maintain adequate
491	insurance during any period of developer control shall
492	constitute a breach of fiduciary responsibility by the
493	developer-appointed members of the board of directors of the
494	association, unless said members can show that despite such
495	failure, they have exercised due diligence. The declaration of
496	condominium as originally recorded, or amended pursuant to
497	procedures provided therein, may require that condominium
498	property consisting of freestanding buildings where there is no
499	more than one building in or on such unit need not be insured by
500	the association if the declaration requires the unit owner to
501	obtain adequate insurance for the condominium property. An
502	association may also obtain and maintain liability insurance for
503	directors and officers, insurance for the benefit of association
504	employees, and flood insurance for common elements, association
505	property, and units. Adequate insurance, regardless of any
506	requirement in the declaration of condominium for coverage by
507	the association for "full insurable value," "replacement cost,"
508	or the like, may include reasonable deductibles as determined by
509	the board based upon available funds or predetermined assessment
510	authority at the time that the insurance is obtained.
511	1.  Windstorm insurance coverage for a group of no fewer
512	than three communities created and operating under this chapter,
513	chapter 719, chapter 720, or chapter 721 may be obtained and
514	maintained for the communities if the insurance coverage is
515	sufficient to cover an amount equal to the probable maximum loss
516	for the communities for a 250-year windstorm event. Such
517	probable maximum loss must be determined through the use of a
518	competent model that has been accepted by the Florida Commission
519	on Hurricane Loss Projection Methodology. Such insurance
520	coverage is deemed adequate windstorm insurance for the purposes
521	of this section.
522	2.  An association or group of associations may self-insure
523	against claims against the association, the association
524	property, and the condominium property required to be insured by
525	an association, upon compliance with the applicable provisions
526	of ss. 624.460-624.488, which shall be considered adequate
527	insurance for the purposes of this section. A copy of each
528	policy of insurance in effect shall be made available for
529	inspection by unit owners at reasonable times.
530	(b)  Every hazard insurance policy issued or renewed on or
531	after January 1, 2004, to protect the condominium shall provide
532	primary coverage for:
533	1.  All portions of the condominium property located
534	outside the units;
535	2.  The condominium property located inside the units as
536	such property was initially installed, or replacements thereof
537	of like kind and quality and in accordance with the original
538	plans and specifications or, if the original plans and
539	specifications are not available, as they existed at the time
540	the unit was initially conveyed; and
541	3.  All portions of the condominium property for which the
542	declaration of condominium requires coverage by the association.
543
544	Anything to the contrary notwithstanding, the terms "condominium
545	property," "building," "improvements," "insurable improvements,"
546	"common elements," "association property," or any other term
547	found in the declaration of condominium which defines the scope
548	of property or casualty insurance that a condominium association
549	must obtain shall exclude all floor, wall, and ceiling
550	coverings, electrical fixtures, appliances, air conditioner or
551	heating equipment, water heaters, water filters, built-in
552	cabinets and countertops, and window treatments, including
553	curtains, drapes, blinds, hardware, and similar window treatment
554	components, or replacements of any of the foregoing which are
555	located within the boundaries of a unit and serve only one unit
556	and all air conditioning compressors that service only an
557	individual unit, whether or not located within the unit
558	boundaries. The foregoing is intended to establish the property
559	or casualty insuring responsibilities of the association and
560	those of the individual unit owner and do not serve to broaden
561	or extend the perils of coverage afforded by any insurance
562	contract provided to the individual unit owner. Beginning
563	January 1, 2004, the association shall have the authority to
564	amend the declaration of condominium, without regard to any
565	requirement for mortgagee approval of amendments affecting
566	insurance requirements, to conform the declaration of
567	condominium to the coverage requirements of this section.
568	(c)  Every hazard insurance policy issued or renewed on or
569	after January 1, 2004, to an individual unit owner shall provide
570	that the coverage afforded by such policy is excess over the
571	amount recoverable under any other policy covering the same
572	property. Each insurance policy issued to an individual unit
573	owner providing such coverage shall be without rights of
574	subrogation against the condominium association that operates
575	the condominium in which such unit owner's unit is located. All
576	real or personal property located within the boundaries of the
577	unit owner's unit which is excluded from the coverage to be
578	provided by the association as set forth in paragraph (b) shall
579	be insured by the individual unit owner.
580	(d)  The association shall obtain and maintain adequate
581	insurance or fidelity bonding of all persons who control or
582	disburse funds of the association. The insurance policy or
583	fidelity bond must cover the maximum funds that will be in the
584	custody of the association or its management agent at any one
585	time. As used in this paragraph, the term "persons who control
586	or disburse funds of the association" includes, but is not
587	limited to, those individuals authorized to sign checks and the
588	president, secretary, and treasurer of the association. The
589	association shall bear the cost of bonding.
590	Section 2.  Paragraph (a) of subsection (1) of section
591	718.115, Florida Statutes, is amended to read:
592	718.115  Common expenses and common surplus.--
593	(1)(a)  Common expenses include the expenses of the
594	operation, maintenance, repair, replacement, or protection of
595	the common elements and association property, costs of carrying
596	out the powers and duties of the association, and any other
597	expense, whether or not included in the foregoing, designated as
598	common expense by this chapter, the declaration, the documents
599	creating the association, or the bylaws. Common expenses also
600	include reasonable transportation services, insurance for
601	directors and officers, road maintenance and operation expenses,
602	in-house communications, and security services, which are
603	reasonably related to the general benefit of the unit owners
604	even if such expenses do not attach to the common elements or
605	property of the condominium. However, such common expenses must
606	either have been services or items provided on or after the date
607	control of the association is transferred from the developer to
608	the unit owners or must be services or items provided for in the
609	condominium documents or bylaws. Unless the manner of payment or
610	allocation of expenses is otherwise addressed in the declaration
611	of condominium, the expenses of any items or services required
612	by any federal, state, or local governmental entity to be
613	installed, maintained, or supplied to the condominium property
614	by the association, including, but not limited to, fire safety
615	equipment or water and sewer service where a master meter serves
616	the condominium, shall be common expenses whether or not such
617	items or services are specifically identified as common expenses
618	in the declaration of condominium, articles of incorporation, or
619	bylaws of the association.
620	Section 3.  Subsection (8) of section 718.116, Florida
621	Statutes, is amended to read:
622	718.116  Assessments; liability; lien and priority;
623	interest; collection.--
624	(8)  Within 15 days after receiving a written request
625	therefor from a unit owner or his or her designee purchaser, or
626	a unit mortgagee or his or her designee, the association shall
627	provide a certificate signed by an officer or agent of the
628	association stating all assessments and other moneys owed to the
629	association by the unit owner with respect to the condominium
630	parcel.
631	(a)  Any person other than the owner who relies upon such
632	certificate shall be protected thereby.
633	(b)  A summary proceeding pursuant to s. 51.011 may be
634	brought to compel compliance with this subsection, and in any
635	such action the prevailing party is entitled to recover
636	reasonable attorney's fees.
637	(c)  Notwithstanding any limitation on transfer fees
638	contained in s. 718.112(2)(i), the association or its authorized
639	agent may charge a reasonable fee for the preparation of the
640	certificate. The amount of the fee must be included on the
641	certificate.
642	(d)  The authority to charge a fee for the certificate
643	shall be established by a written resolution adopted by the
644	board or provided by a written management, bookkeeping, or
645	maintenance contract and is payable upon the preparation of the
646	certificate. If the certificate is requested in conjunction with
647	the sale or mortgage of a unit but the closing does not occur
648	and no later than 30 days after the closing date for which the
649	certificate was sought the preparer receives a written request,
650	accompanied by reasonable documentation, that the sale did not
651	occur from a payer that is not the unit owner, the fee shall be
652	refunded to that payer within 30 days after receipt of the
653	request. The refund is the obligation of the unit owner, and the
654	association may collect it from that owner in the same manner as
655	an assessment as provided in this section.
656	Section 4.  Paragraph (c) of subsection (17) of section
657	718.117, Florida Statutes, is amended to read:
658	718.117  Termination of condominium.--
659	(17)  DISTRIBUTION.--
660	(c)  The proceeds from any sale of condominium property or
661	association property and any remaining condominium property or
662	association property, common surplus, and other assets shall be
663	distributed in the following priority:
664	1.  To pay the reasonable termination trustee's fees and
665	costs and accounting fees and costs.
666	2.  To lienholders of liens recorded prior to the recording
667	of the declaration.
668	3.  To purchase-money lienholders on units to the extent
669	necessary to satisfy their liens; however, the distribution may
670	not exceed a unit owner's share of the proceeds.
671	4.  To lienholders of liens of the association which have
672	been consented to under s. 718.121(1).
673	5.  To creditors of the association, as their interests
674	appear.
675	6.  To unit owners, the proceeds of any sale of condominium
676	property subject to satisfaction of liens on each unit in their
677	order of priority, in shares specified in the plan of
678	termination, unless objected to by a unit owner or lienor as
679	provided in paragraph (b).
680	7.  To unit owners, the remaining condominium property,
681	subject to satisfaction of liens on each unit in their order of
682	priority, in shares specified in the plan of termination, unless
683	objected to by a unit owner or a lienor as provided in paragraph
684	(b).
685	8.  To unit owners, the proceeds of any sale of association
686	property, the remaining association property, common surplus,
687	and other assets of the association, subject to satisfaction of
688	liens on each unit in their order of priority, in shares
689	specified in the plan of termination, unless objected to by a
690	unit owner or a lienor as provided in paragraph (b).
691	Section 5.  Section 720.30851, Florida Statutes, is created
692	to read:
693	720.30851  Estoppel certificates.--Within 15 days after the
694	date on which a request for an estoppel certificate is received
695	from a parcel owner or mortgagee, or his or her designee, the
696	association shall provide a certificate signed by an officer or
697	authorized agent of the association stating all assessments and
698	other moneys owed to the association by the parcel owner or
699	mortgagee with respect to the parcel. An association may charge
700	a fee for the preparation of such certificate, and the amount of
701	such fee must be stated on the certificate.
702	(1)  Any person other than a parcel owner who relies upon a
703	certificate receives the benefits and protection thereof.
704	(2)  A summary proceeding pursuant to s. 51.011 may be
705	brought to compel compliance with this section, and the
706	prevailing party is entitled to recover reasonable attorney's
707	fees.
708	(3)  The authority to charge a fee for the certificate
709	shall be established by a written resolution adopted by the
710	board or provided by a written management, bookkeeping, or
711	maintenance contract and is payable upon the preparation of the
712	certificate. If the certificate is requested in conjunction with
713	the sale or mortgage of a parcel but the closing does not occur
714	and no later than 30 days after the closing date for which the
715	certificate was sought the preparer receives a written request,
716	accompanied by reasonable documentation, that the sale did not
717	occur from a payer that is not the parcel owner, the fee shall
718	be refunded to that payer within 30 days after receipt of the
719	request. The refund is the obligation of the parcel owner, and
720	the association may collect it from that owner in the same
721	manner as an assessment as provided in this section.
722	Section 6.  Paragraphs (d) and (j) of subsection (2) of
723	section 20.165, Florida Statutes, are amended to read:
724	20.165  Department of Business and Professional
725	Regulation.--There is created a Department of Business and
726	Professional Regulation.
727	(2)  The following divisions of the Department of Business
728	and Professional Regulation are established:
729	(d)  Division of Florida Land Sales, Condominiums,
730	Timeshares, and Mobile Homes.
731	(j)  Division of Technology, Licensure, and Testing.
732	Section 7.  Subsection (2) of section 73.073, Florida
733	Statutes, is amended to read:
734	73.073  Eminent domain procedure with respect to
735	condominium common elements.--
736	(2)  With respect to the exercise of eminent domain or a
737	negotiated sale for the purchase or taking of a portion of the
738	common elements of a condominium, the condemning authority shall
739	have the responsibility of contacting the condominium
740	association and acquiring the most recent rolls indicating the
741	names of the unit owners or contacting the appropriate taxing
742	authority to obtain the names of the owners of record on the tax
743	rolls. Notification shall thereupon be sent by certified mail,
744	return receipt requested, to the unit owners of record of the
745	condominium units by the condemning authority indicating the
746	intent to purchase or take the required property and requesting
747	a response from the unit owner. The condemning authority shall
748	be responsible for the expense of sending notification pursuant
749	to this section. Such notice shall, at a minimum, include:
750	(a)  The name and address of the condemning authority.
751	(b)  A written or visual description of the property.
752	(c)  The public purpose for which the property is needed.
753	(d)  The appraisal value of the property.
754	(e)  A clear, concise statement relating to the unit
755	owner's right to object to the taking or appraisal value and the
756	procedures and effects of exercising that right.
757	(f)  A clear, concise statement relating to the power of
758	the association to convey the property on behalf of the unit
759	owners if no objection to the taking or appraisal value is
760	raised, and the effects of this alternative on the unit owner.
761
762	The Division of Florida Land Sales, Condominiums, Timeshares,
763	and Mobile Homes of the Department of Business and Professional
764	Regulation may adopt, by rule, a standard form for such notice
765	and may require the notice to include any additional relevant
766	information.
767	Section 8.  Subsections (2) and (3) of section 190.009,
768	Florida Statutes, are amended to read:
769	190.009  Disclosure of public financing.--
770	(2)  The Division of Florida Land Sales, Condominiums, and
771	Mobile Homes of the Department of Business and Professional
772	Regulation shall ensure that disclosures made by developers
773	pursuant to chapter 498 meet the requirements of subsection (1).
774	(2)(3)  The Department of Community Affairs shall keep a
775	current list of districts and their disclosures pursuant to this
776	act and shall make such studies and reports and take such
777	actions as it deems necessary.
778	Section 9.  Paragraph (e) of subsection (6) of section
779	192.037, Florida Statutes, is amended to read:
780	192.037  Fee timeshare real property; taxes and
781	assessments; escrow.--
782	(6)
783	(e)  On or before May 1 of each year, a statement of
784	receipts and disbursements of the escrow account must be filed
785	with the Division of Florida Land Sales, Condominiums,
786	Timeshares, and Mobile Homes of the Department of Business and
787	Professional Regulation, which may enforce this paragraph
788	pursuant to s. 721.26. This statement must appropriately show
789	the amount of principal and interest in such account.
790	Section 10.  Paragraph (i) of subsection (8) of section
791	213.053, Florida Statutes, is amended to read:
792	213.053  Confidentiality and information sharing.--
793	(8)  Notwithstanding any other provision of this section,
794	the department may provide:
795	(i)  Information relative to chapters 212 and 326 to the
796	Division of Florida Land Sales, Condominiums, Timeshares, and
797	Mobile Homes of the Department of Business and Professional
798	Regulation in the conduct of its official duties.
799
800	Disclosure of information under this subsection shall be
801	pursuant to a written agreement between the executive director
802	and the agency. Such agencies, governmental or nongovernmental,
803	shall be bound by the same requirements of confidentiality as
804	the Department of Revenue. Breach of confidentiality is a
805	misdemeanor of the first degree, punishable as provided by s.
806	775.082 or s. 775.083.
807	Section 11.  Paragraph (d) of subsection (4) of section
808	215.20, Florida Statutes, is amended to read:
809	215.20  Certain income and certain trust funds to
810	contribute to the General Revenue Fund.--
811	(4)  The income of a revenue nature deposited in the
812	following described trust funds, by whatever name designated, is
813	that from which the appropriations authorized by subsection (3)
814	shall be made:
815	(d)  Within the Department of Business and Professional
816	Regulation:
817	1.  The Administrative Trust Fund.
818	2.  The Alcoholic Beverage and Tobacco Trust Fund.
819	3.  The Cigarette Tax Collection Trust Fund.
820	4.  The Division of Florida Land Sales, Condominiums,
821	Timeshares, and Mobile Homes Trust Fund.
822	5.  The Hotel and Restaurant Trust Fund, with the exception
823	of those fees collected for the purpose of funding of the
824	hospitality education program as stated in s. 509.302.
825	6.  The Professional Regulation Trust Fund.
826	7.  The trust funds administered by the Division of Pari-
827	mutuel Wagering.
828
829	The enumeration of the foregoing moneys or trust funds shall not
830	prohibit the applicability thereto of s. 215.24 should the
831	Governor determine that for the reasons mentioned in s. 215.24
832	the money or trust funds should be exempt herefrom, as it is the
833	purpose of this law to exempt income from its force and effect
834	when, by the operation of this law, federal matching funds or
835	contributions or private grants to any trust fund would be lost
836	to the state.
837	Section 12.  Subsection (2) of section 326.002, Florida
838	Statutes, is amended to read:
839	326.002  Definitions.--As used in ss. 326.001-326.006, the
840	term:
841	(2)  "Division" means the Division of Florida Land Sales,
842	Condominiums, Timeshares, and Mobile Homes of the Department of
843	Business and Professional Regulation.
844	Section 13.  Paragraph (d) of subsection (2) and subsection
845	(3) of section 326.006, Florida Statutes, are amended to read:
846	326.006  Powers and duties of division.--
847	(2)  The division has the power to enforce and ensure
848	compliance with the provisions of this chapter and rules adopted
849	under this chapter relating to the sale and ownership of yachts
850	and ships. In performing its duties, the division has the
851	following powers and duties:
852	(d)  Notwithstanding any remedies available to a yacht or
853	ship purchaser, if the division has reasonable cause to believe
854	that a violation of any provision of this chapter or rule
855	adopted under this chapter has occurred, the division may
856	institute enforcement proceedings in its own name against any
857	broker or salesperson or any of his or her assignees or agents,
858	or against any unlicensed person or any of his or her assignees
859	or agents, as follows:
860	1.  The division may permit a person whose conduct or
861	actions are under investigation to waive formal proceedings and
862	enter into a consent proceeding whereby orders, rules, or
863	letters of censure or warning, whether formal or informal, may
864	be entered against the person.
865	2.  The division may issue an order requiring the broker or
866	salesperson or any of his or her assignees or agents, or
867	requiring any unlicensed person or any of his or her assignees
868	or agents, to cease and desist from the unlawful practice and
869	take such affirmative action as in the judgment of the division
870	will carry out the purposes of this chapter.
871	3.  The division may bring an action in circuit court on
872	behalf of a class of yacht or ship purchasers for declaratory
873	relief, injunctive relief, or restitution.
874	4.  The division may impose a civil penalty against a
875	broker or salesperson or any of his or her assignees or agents,
876	or against an unlicensed person or any of his or her assignees
877	or agents, for any violation of this chapter or a rule adopted
878	under this chapter. A penalty may be imposed for each day of
879	continuing violation, but in no event may the penalty for any
880	offense exceed $10,000. All amounts collected must be deposited
881	with the Chief Financial Officer to the credit of the Division
882	of Florida Land Sales, Condominiums, Timeshares, and Mobile
883	Homes Trust Fund. If a broker, salesperson, or unlicensed person
884	working for a broker, fails to pay the civil penalty, the
885	division shall thereupon issue an order suspending the broker's
886	license until such time as the civil penalty is paid or may
887	pursue enforcement of the penalty in a court of competent
888	jurisdiction. The order imposing the civil penalty or the order
889	of suspension may not become effective until 20 days after the
890	date of such order. Any action commenced by the division must be
891	brought in the county in which the division has its executive
892	offices or in the county where the violation occurred.
893	(3)  All fees must be deposited in the Division of Florida
894	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
895	Fund as provided by law.
896	Section 14.  Subsection (18) of section 380.05, Florida
897	Statutes, is amended to read:
898	380.05  Areas of critical state concern.--
899	(18)  Neither the designation of an area of critical state
900	concern nor the adoption of any regulations for such an area
901	shall in any way limit or modify the rights of any person to
902	complete any development that was has been authorized by
903	registration of a subdivision pursuant to former chapter 498 or
904	former chapter 478, by recordation pursuant to local subdivision
905	plat law, or by a building permit or other authorization to
906	commence development on which there has been reliance and a
907	change of position, and which registration or recordation was
908	accomplished, or which permit or authorization was issued, prior
909	to the approval under subsection (6), or the adoption under
910	subsection (8), of land development regulations for the area of
911	critical state concern. If a developer has by his or her actions
912	in reliance on prior regulations obtained vested or other legal
913	rights that in law would have prevented a local government from
914	changing those regulations in a way adverse to the developer's
915	interests, nothing in this chapter authorizes any governmental
916	agency to abridge those rights.
917	Section 15.  Subsection (20) of section 380.06, Florida
918	Statutes, is amended to read:
919	380.06  Developments of regional impact.--
920	(20)  VESTED RIGHTS.--Nothing in this section shall limit
921	or modify the rights of any person to complete any development
922	that was has been authorized by registration of a subdivision
923	pursuant to former chapter 498, by recordation pursuant to local
924	subdivision plat law, or by a building permit or other
925	authorization to commence development on which there has been
926	reliance and a change of position and which registration or
927	recordation was accomplished, or which permit or authorization
928	was issued, prior to July 1, 1973. If a developer has, by his or
929	her actions in reliance on prior regulations, obtained vested or
930	other legal rights that in law would have prevented a local
931	government from changing those regulations in a way adverse to
932	the developer's interests, nothing in this chapter authorizes
933	any governmental agency to abridge those rights.
934	(a)  For the purpose of determining the vesting of rights
935	under this subsection, approval pursuant to local subdivision
936	plat law, ordinances, or regulations of a subdivision plat by
937	formal vote of a county or municipal governmental body having
938	jurisdiction after August 1, 1967, and prior to July 1, 1973, is
939	sufficient to vest all property rights for the purposes of this
940	subsection; and no action in reliance on, or change of position
941	concerning, such local governmental approval is required for
942	vesting to take place. Anyone claiming vested rights under this
943	paragraph must so notify the department in writing by January 1,
944	1986. Such notification shall include information adequate to
945	document the rights established by this subsection. When such
946	notification requirements are met, in order for the vested
947	rights authorized pursuant to this paragraph to remain valid
948	after June 30, 1990, development of the vested plan must be
949	commenced prior to that date upon the property that the state
950	land planning agency has determined to have acquired vested
951	rights following the notification or in a binding letter of
952	interpretation. When the notification requirements have not been
953	met, the vested rights authorized by this paragraph shall expire
954	June 30, 1986, unless development commenced prior to that date.
955	(b)  For the purpose of this act, the conveyance of, or the
956	agreement to convey, property to the county, state, or local
957	government as a prerequisite to zoning change approval shall be
958	construed as an act of reliance to vest rights as determined
959	under this subsection, provided such zoning change is actually
960	granted by such government.
961	Section 16.  Paragraph (a) of subsection (4) of section
962	380.0651, Florida Statutes, is amended to read:
963	380.0651  Statewide guidelines and standards.--
964	(4)  Two or more developments, represented by their owners
965	or developers to be separate developments, shall be aggregated
966	and treated as a single development under this chapter when they
967	are determined to be part of a unified plan of development and
968	are physically proximate to one other.
969	(a)  The criteria of two of the following subparagraphs
970	must be met in order for the state land planning agency to
971	determine that there is a unified plan of development:
972	1.a.  The same person has retained or shared control of the
973	developments;
974	b.  The same person has ownership or a significant legal or
975	equitable interest in the developments; or
976	c.  There is common management of the developments
977	controlling the form of physical development or disposition of
978	parcels of the development.
979	2.  There is a reasonable closeness in time between the
980	completion of 80 percent or less of one development and the
981	submission to a governmental agency of a master plan or series
982	of plans or drawings for the other development which is
983	indicative of a common development effort.
984	3.  A master plan or series of plans or drawings exists
985	covering the developments sought to be aggregated which have
986	been submitted to a local general-purpose government, water
987	management district, the Florida Department of Environmental
988	Protection, or the Division of Florida Land Sales, Condominiums,
989	Timeshares, and Mobile Homes for authorization to commence
990	development. The existence or implementation of a utility's
991	master utility plan required by the Public Service Commission or
992	general-purpose local government or a master drainage plan shall
993	not be the sole determinant of the existence of a master plan.
994	4.  The voluntary sharing of infrastructure that is
995	indicative of a common development effort or is designated
996	specifically to accommodate the developments sought to be
997	aggregated, except that which was implemented because it was
998	required by a local general-purpose government; water management
999	district; the Department of Environmental Protection; the
1000	Division of Florida Land Sales, Condominiums, Timeshares, and
1001	Mobile Homes; or the Public Service Commission.
1002	5.  There is a common advertising scheme or promotional
1003	plan in effect for the developments sought to be aggregated.
1004	Section 17.  Paragraph (c) of subsection (4) of section
1005	381.0065, Florida Statutes, is amended to read:
1006	381.0065  Onsite sewage treatment and disposal systems;
1007	regulation.--
1008	(4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may
1009	not construct, repair, modify, abandon, or operate an onsite
1010	sewage treatment and disposal system without first obtaining a
1011	permit approved by the department. The department may issue
1012	permits to carry out this section, but shall not make the
1013	issuance of such permits contingent upon prior approval by the
1014	Department of Environmental Protection, except that the issuance
1015	of a permit for work seaward of the coastal construction control
1016	line established under s. 161.053 shall be contingent upon
1017	receipt of any required coastal construction control line permit
1018	from the Department of Environmental Protection. A construction
1019	permit is valid for 18 months from the issuance date and may be
1020	extended by the department for one 90-day period under rules
1021	adopted by the department. A repair permit is valid for 90 days
1022	from the date of issuance. An operating permit must be obtained
1023	prior to the use of any aerobic treatment unit or if the
1024	establishment generates commercial waste. Buildings or
1025	establishments that use an aerobic treatment unit or generate
1026	commercial waste shall be inspected by the department at least
1027	annually to assure compliance with the terms of the operating
1028	permit. The operating permit for a commercial wastewater system
1029	is valid for 1 year from the date of issuance and must be
1030	renewed annually. The operating permit for an aerobic treatment
1031	unit is valid for 2 years from the date of issuance and must be
1032	renewed every 2 years. If all information pertaining to the
1033	siting, location, and installation conditions or repair of an
1034	onsite sewage treatment and disposal system remains the same, a
1035	construction or repair permit for the onsite sewage treatment
1036	and disposal system may be transferred to another person, if the
1037	transferee files, within 60 days after the transfer of
1038	ownership, an amended application providing all corrected
1039	information and proof of ownership of the property. There is no
1040	fee associated with the processing of this supplemental
1041	information. A person may not contract to construct, modify,
1042	alter, repair, service, abandon, or maintain any portion of an
1043	onsite sewage treatment and disposal system without being
1044	registered under part III of chapter 489. A property owner who
1045	personally performs construction, maintenance, or repairs to a
1046	system serving his or her own owner-occupied single-family
1047	residence is exempt from registration requirements for
1048	performing such construction, maintenance, or repairs on that
1049	residence, but is subject to all permitting requirements. A
1050	municipality or political subdivision of the state may not issue
1051	a building or plumbing permit for any building that requires the
1052	use of an onsite sewage treatment and disposal system unless the
1053	owner or builder has received a construction permit for such
1054	system from the department. A building or structure may not be
1055	occupied and a municipality, political subdivision, or any state
1056	or federal agency may not authorize occupancy until the
1057	department approves the final installation of the onsite sewage
1058	treatment and disposal system. A municipality or political
1059	subdivision of the state may not approve any change in occupancy
1060	or tenancy of a building that uses an onsite sewage treatment
1061	and disposal system until the department has reviewed the use of
1062	the system with the proposed change, approved the change, and
1063	amended the operating permit.
1064	(c)  Notwithstanding the provisions of paragraphs (a) and
1065	(b), for subdivisions platted of record on or before October 1,
1066	1991, when a developer or other appropriate entity has
1067	previously made or makes provisions, including financial
1068	assurances or other commitments, acceptable to the Department of
1069	Health, that a central water system will be installed by a
1070	regulated public utility based on a density formula, private
1071	potable wells may be used with onsite sewage treatment and
1072	disposal systems until the agreed-upon densities are reached.
1073	The department may consider assurances filed with the Department
1074	of Business and Professional Regulation under chapter 498 in
1075	determining the adequacy of the financial assurance required by
1076	this paragraph. In a subdivision regulated by this paragraph,
1077	the average daily sewage flow may not exceed 2,500 gallons per
1078	acre per day. This section does not affect the validity of
1079	existing prior agreements. After October 1, 1991, the exception
1080	provided under this paragraph is not available to a developer or
1081	other appropriate entity.
1082	Section 18.  Subsections (8) through (12) of section
1083	450.33, Florida Statutes, are amended to read:
1084	450.33  Duties of farm labor contractor.--Every farm labor
1085	contractor must:
1086	(8)  File, within such time as the department may
1087	prescribe, a set of his or her fingerprints.
1088	(8)(9)  Produce evidence to the department that each
1089	vehicle he or she uses for the transportation of employees
1090	complies with the requirements and specifications established in
1091	chapter 316, s. 316.622, or Pub. L. No. 93-518 as amended by
1092	Pub. L. No. 97-470 meeting Department of Transportation
1093	requirements or, in lieu thereof, bears a valid inspection
1094	sticker showing that the vehicle has passed the inspection in
1095	the state in which the vehicle is registered.
1096	(9)(10)  Comply with all applicable statutes, rules, and
1097	regulations of the United States and of the State of Florida for
1098	the protection or benefit of labor, including, but not limited
1099	to, those providing for wages, hours, fair labor standards,
1100	social security, workers' compensation, unemployment
1101	compensation, child labor, and transportation.
1102	(10)(11)  Maintain accurate daily field records for each
1103	employee actually paid by the farm labor contractor reflecting
1104	the hours worked for the farm labor contractor and, if paid by
1105	unit, the number of units harvested and the amount paid per
1106	unit.
1107	(11)(12)  Clearly display on each vehicle used to transport
1108	migrant or seasonal farm workers a display sticker issued by the
1109	department, which states that the vehicle is authorized by the
1110	department to transport farm workers and the expiration date of
1111	the authorization.
1112	Section 19.  Subsection (10) is added to section 455.203,
1113	Florida Statutes, to read:
1114	455.203  Department; powers and duties.--The department,
1115	for the boards under its jurisdiction, shall:
1116	(10)  Have authority to:
1117	(a)  Close and terminate deficient license application
1118	files 2 years after the board or the department notifies the
1119	applicant of the deficiency; and
1120	(b)  Approve applications for professional licenses that
1121	meet all statutory and rule requirements for licensure.
1122	Section 20.  Subsection (5) of section 455.116, Florida
1123	Statutes, is amended to read:
1124	455.116  Regulation trust funds.--The following trust funds
1125	shall be placed in the department:
1126	(5)  Division of Florida Land Sales, Condominiums,
1127	Timeshares, and Mobile Homes Trust Fund.
1128	Section 21.  Subsection (1) of section 455.217, Florida
1129	Statutes, is amended to read:
1130	455.217  Examinations.--This section shall be read in
1131	conjunction with the appropriate practice act associated with
1132	each regulated profession under this chapter.
1133	(1)  The Division of Technology, Licensure, and Testing of
1134	the Department of Business and Professional Regulation shall
1135	provide, contract, or approve services for the development,
1136	preparation, administration, scoring, score reporting, and
1137	evaluation of all examinations. The division shall seek the
1138	advice of the appropriate board in providing such services.
1139	(a)  The department, acting in conjunction with the
1140	Division of Technology, Licensure, and Testing and the Division
1141	of Real Estate, as appropriate, shall ensure that examinations
1142	adequately and reliably measure an applicant's ability to
1143	practice the profession regulated by the department. After an
1144	examination developed or approved by the department has been
1145	administered, the board or department may reject any question
1146	which does not reliably measure the general areas of competency
1147	specified in the rules of the board or department, when there is
1148	no board. The department shall use professional testing services
1149	for the development, preparation, and evaluation of
1150	examinations, when such services are available and approved by
1151	the board.
1152	(b)  For each examination developed by the department or
1153	contracted vendor, to the extent not otherwise specified by
1154	statute, the board or the department when there is no board,
1155	shall by rule specify the general areas of competency to be
1156	covered by the examination, the relative weight to be assigned
1157	in grading each area tested, the score necessary to achieve a
1158	passing grade, and the fees, where applicable, to cover the
1159	actual cost for any purchase, development, and administration of
1160	the required examination. However, statutory fee caps in each
1161	practice act shall apply. This subsection does not apply to
1162	national examinations approved and administered pursuant to
1163	paragraph (d).
1164	(c)  If a practical examination is deemed to be necessary,
1165	rules shall specify the criteria by which examiners are to be
1166	selected, the grading criteria to be used by the examiner, the
1167	relative weight to be assigned in grading each criterion, and
1168	the score necessary to achieve a passing grade. When a mandatory
1169	standardization exercise for a practical examination is required
1170	by law, the board may conduct such exercise. Therefore, board
1171	members may serve as examiners at a practical examination with
1172	the consent of the board.
1173	(d)  A board, or the department when there is no board, may
1174	approve by rule the use of any national examination which the
1175	department has certified as meeting requirements of national
1176	examinations and generally accepted testing standards pursuant
1177	to department rules. Providers of examinations, which may be
1178	either profit or nonprofit entities, seeking certification by
1179	the department shall pay the actual costs incurred by the
1180	department in making a determination regarding the
1181	certification. The department shall use any national examination
1182	which is available, certified by the department, and approved by
1183	the board. The name and number of a candidate may be provided to
1184	a national contractor for the limited purpose of preparing the
1185	grade tape and information to be returned to the board or
1186	department or, to the extent otherwise specified by rule, the
1187	candidate may apply directly to the vendor of the national
1188	examination. The department may delegate to the board the duty
1189	to provide and administer the examination. Any national
1190	examination approved by a board, or the department when there is
1191	no board, prior to October 1, 1997, is deemed certified under
1192	this paragraph. Any licensing or certification examination that
1193	is not developed or administered by the department in-house or
1194	provided as a national examination shall be competitively bid.
1195	(e)  The department shall adopt rules regarding the
1196	security and monitoring of examinations. In order to maintain
1197	the security of examinations, the department may employ the
1198	procedures set forth in s. 455.228 to seek fines and injunctive
1199	relief against an examinee who violates the provisions of s.
1200	455.2175 or the rules adopted pursuant to this paragraph. The
1201	department, or any agent thereof, may, for the purposes of
1202	investigation, confiscate any written, photographic, or
1203	recording material or device in the possession of the examinee
1204	at the examination site which the department deems necessary to
1205	enforce such provisions or rules.
1206	(f)  If the professional board with jurisdiction over an
1207	examination concurs, the department may, for a fee, share with
1208	any other state's licensing authority an examination developed
1209	by or for the department unless prohibited by a contract entered
1210	into by the department for development or purchase of the
1211	examination. The department, with the concurrence of the
1212	appropriate board, shall establish guidelines that ensure
1213	security of a shared exam and shall require that any other
1214	state's licensing authority comply with those guidelines. Those
1215	guidelines shall be approved by the appropriate professional
1216	board. All fees paid by the user shall be applied to the
1217	department's examination and development program for professions
1218	regulated by this chapter. All fees paid by the user for
1219	professions not regulated by this chapter shall be applied to
1220	offset the fees for the development and administration of that
1221	profession's examination. If both a written and a practical
1222	examination are given, an applicant shall be required to retake
1223	only the portion of the examination for which he or she failed
1224	to achieve a passing grade, if he or she successfully passes
1225	that portion within a reasonable time of his or her passing the
1226	other portion.
1227	Section 22.  Subsection (6) is added to section 455.2273,
1228	Florida Statutes, to read:
1229	455.2273  Disciplinary guidelines.--
1230	(6)  Notwithstanding s. 455.017, this section applies to
1231	disciplinary guidelines adopted by all boards or divisions
1232	within the department.
1233	Section 23.  Effective July 1, 2010, paragraph (d) of
1234	subsection (1) and paragraph (d) of subsection (2) of section
1235	468.841, Florida Statutes, are amended to read:
1236	468.841  Exemptions.--
1237	(1)  The following persons are not required to comply with
1238	any provisions of this part relating to mold assessment:
1239	(d)  Persons or business organizations acting within the
1240	scope of the respective licenses required under chapter 471,
1241	part I of chapter 481, chapter 482, or chapter 489, or part XV
1242	of this chapter, are acting on behalf of an insurer under part
1243	VI of chapter 626, or are persons in the manufactured housing
1244	industry who are licensed under chapter 320, except when any
1245	such persons or business organizations hold themselves out for
1246	hire to the public as a "certified mold assessor remediator,"
1247	"registered mold assessor remediator," "licensed mold assessor
1248	remediator," "mold assessor remediator," "professional mold
1249	assessor remediator," or any combination thereof stating or
1250	implying licensure under this part.
1251	(2)  The following persons are not required to comply with
1252	any provisions of this part relating to mold remediation:
1253	(d)  Persons or business organizations that are acting
1254	within the scope of the respective licenses required under
1255	chapter 471, part I of chapter 481, chapter 482, or chapter 489,
1256	or part XV of this chapter, are acting on behalf of an insurer
1257	under part VI of chapter 626, or are persons in the manufactured
1258	housing industry who are licensed under chapter 320, except when
1259	any such persons or business organizations hold themselves out
1260	for hire to the public as a "certified mold remediator
1261	assessor," "registered mold remediator assessor," "licensed mold
1262	remediator assessor," "mold remediator assessor," "professional
1263	mold remediator assessor," or any combination thereof stating or
1264	implying licensure under this part.
1265	Section 24.  Paragraph (b) of subsection (2) of section
1266	475.17, Florida Statutes, is amended to read:
1267	475.17  Qualifications for practice.--
1268	(2)
1269	(b)  A person may not be licensed as a real estate broker
1270	unless, in addition to the other requirements of law, the person
1271	has held:
1272	1.  An active real estate sales associate's license for at
1273	least 24 12 months during the preceding 5 years in the office of
1274	one or more real estate brokers licensed in this state or any
1275	other state, territory, or jurisdiction of the United States or
1276	in any foreign national jurisdiction;
1277	2.  A current and valid real estate sales associate's
1278	license for at least 24 12 months during the preceding 5 years
1279	in the employ of a governmental agency for a salary and
1280	performing the duties authorized in this part for real estate
1281	licensees; or
1282	3.  A current and valid real estate broker's license for at
1283	least 24 12 months during the preceding 5 years in any other
1284	state, territory, or jurisdiction of the United States or in any
1285	foreign national jurisdiction.
1286
1287	This paragraph does not apply to a person employed as a real
1288	estate investigator by the Division of Real Estate, provided the
1289	person has been employed as a real estate investigator for at
1290	least 24 months. The person must be currently employed as a real
1291	estate investigator to sit for the real estate broker's
1292	examination and have held a valid and current sales associate's
1293	license for at least 12 months.
1294	Section 25.  Subsection (9) of section 475.451, Florida
1295	Statutes, is amended to read:
1296	475.451  Schools teaching real estate practice.--
1297	(9)(a)  Each school permitholder of a proprietary real
1298	estate school, each chief administrative person of such an
1299	institution, or each course sponsor shall deliver to the
1300	department, in a format acceptable to the department, a copy of
1301	the classroom course roster of courses that require satisfactory
1302	completion of an examination no later than 30 days beyond the
1303	end of the calendar month in which the course was completed.
1304	(b)  The course roster shall consist of the institution or
1305	school name and permit number, if applicable, the instructor's
1306	name and permit number, if applicable, course title, beginning
1307	and ending dates of the course, number of course hours, course
1308	location, if applicable, each student's full name and license
1309	number, if applicable, each student's mailing address, and the
1310	numerical grade each student achieved. The course roster shall
1311	also include the signature of the school permitholder, the chief
1312	administrative person, or the course sponsor.
1313	Section 26.  Section 475.455, Florida Statutes, is amended
1314	to read:
1315	475.455  Exchange of disciplinary information.--The
1316	commission shall inform the Division of Florida Land Sales,
1317	Condominiums, Timeshares, and Mobile Homes of the Department of
1318	Business and Professional Regulation of any disciplinary action
1319	the commission has taken against any of its licensees. The
1320	division shall inform the commission of any disciplinary action
1321	the division has taken against any broker or sales associate
1322	registered with the division.
1323	Section 27.  Paragraph (d) is added to subsection (2) of
1324	section 477.019, Florida Statutes, and subsection (4) of that
1325	section is amended, to read:
1326	477.019  Cosmetologists; qualifications; licensure;
1327	supervised practice; license renewal; endorsement; continuing
1328	education.--
1329	(2)  An applicant shall be eligible for licensure by
1330	examination to practice cosmetology if the applicant:
1331	(d)  Has submitted for examination approval in the last 100
1332	hours of training by a pregraduate of a licensed cosmetology
1333	school or a program within the public school system, if such
1334	school or program is certified by the Department of Education
1335	and the applicant pays the application fee as required in
1336	paragraph (b). Upon approval and the completion of all required
1337	training, the applicant may schedule an examination. An
1338	applicant must take the examination within 6 months from the
1339	date on which he or she receives approval. If the applicant
1340	fails to take the examination within the 6-month period, he or
1341	she must reapply for examination approval. The board shall
1342	establish by rule procedures for the pregraduate application
1343	process.
1344	(4)  If an applicant passes all parts of the examination
1345	for licensure as a cosmetologist, he or she may practice in the
1346	time between passing the examination and receiving a physical
1347	copy of his or her license if he or she practices under the
1348	supervision of a licensed cosmetologist in a licensed salon. An
1349	applicant who fails any part of the examination may not practice
1350	as a cosmetologist and may immediately apply for reexamination.
1351	Following the completion of the first licensing examination and
1352	pending the results of that examination and issuance of a
1353	license to practice cosmetology, graduates of licensed
1354	cosmetology schools or cosmetology programs offered in public
1355	school systems, which schools or programs are certified by the
1356	Department of Education, are eligible to practice cosmetology,
1357	provided such graduates practice under the supervision of a
1358	licensed cosmetologist in a licensed cosmetology salon. A
1359	graduate who fails the first examination may continue to
1360	practice under the supervision of a licensed cosmetologist in a
1361	licensed cosmetology salon if the graduate applies for the next
1362	available examination and until the graduate receives the
1363	results of that examination. No graduate may continue to
1364	practice under this subsection if the graduate fails the
1365	examination twice.
1366	Section 28.  Subsection (6) of section 489.105, Florida
1367	Statutes, is amended to read:
1368	489.105  Definitions.--As used in this part:
1369	(6)  "Contracting" means, except as exempted in this part,
1370	engaging in business as a contractor and includes, but is not
1371	limited to, performance of any of the acts as set forth in
1372	subsection (3) which define types of contractors. The attempted
1373	sale of contracting services and the negotiation or bid for a
1374	contract on these services also constitutes contracting. If the
1375	services offered require licensure or agent qualification, the
1376	offering, negotiation for a bid, or attempted sale of these
1377	services requires the corresponding licensure. However, the term
1378	"contracting" shall not extend to an individual, partnership,
1379	corporation, trust, or other legal entity that offers to sell or
1380	sells completed residences on property on which the individual
1381	or business entity has any legal or equitable interest, or to
1382	the individual or business entity that offers to sell or sells
1383	manufactured or factory-built buildings that will be completed
1384	on site on property on which either party to a contract has any
1385	legal or equitable interest, if the services of a qualified
1386	contractor certified or registered pursuant to the requirements
1387	of this chapter have been or will be retained for the purpose of
1388	constructing or completing such residences.
1389	Section 29.  Section 489.511, Florida Statutes, is amended
1390	to read:
1391	489.511  Certification; application; examinations;
1392	endorsement.--
1393	(1)(a)  Any person who is at least 18 years of age may take
1394	the certification examination.
1395	(b)  Any person desiring to be certified as a contractor
1396	shall apply to the department in writing and must meet the
1397	following criteria: to take the certification examination.
1398	(2)(a)  A person shall be entitled to take the
1399	certification examination for the purpose of determining whether
1400	he or she is qualified to engage in contracting throughout the
1401	state as a contractor if the person:
1402	1.  Is at least 18 years of age;
1403	1.2.  Be Is of good moral character;
1404	2.  Pass the certification examination, achieving a passing
1405	grade as established by board rule; and
1406	3.  Meet Meets eligibility requirements according to one of
1407	the following criteria:
1408	a.  Has, within the 6 years immediately preceding the
1409	filing of the application, at least 3 years' proven management
1410	experience in the trade or education equivalent thereto, or a
1411	combination thereof, but not more than one-half of such
1412	experience may be educational equivalent;
1413	b.  Has, within the 8 years immediately preceding the
1414	filing of the application, at least 4 years' experience as a
1415	supervisor or contractor in the trade for which he or she is
1416	making application;
1417	c.  Has, within the 12 years immediately preceding the
1418	filing of the application, at least 6 years of comprehensive
1419	training, technical education, or supervisory experience
1420	associated with an electrical or alarm system contracting
1421	business, or at least 6 years of technical experience in
1422	electrical or alarm system work with the Armed Forces or a
1423	governmental entity;
1424	d.  Has, within the 12 years immediately preceding the
1425	filing of the application, been licensed for 3 years as a
1426	professional engineer who is qualified by education, training,
1427	or experience to practice electrical engineering; or
1428	e.  Has any combination of qualifications under sub-
1429	subparagraphs a.-c. totaling 6 years of experience.
1430	(c)(b)  For purposes of this subsection, "supervisor" means
1431	a person having the experience gained while having the general
1432	duty of overseeing the technical duties of the trade, provided
1433	that such experience is gained by a person who is able to
1434	perform the technical duties of the trade without supervision.
1435	(d)(c)  For purposes of this subsection, at least 40
1436	percent of the work experience for an alarm system contractor I
1437	must be in the types of fire alarm systems typically used in a
1438	commercial setting.
1439	(2)(3)  The board may determine by rule the number of times
1440	per year the applicant may take the examination and after three
1441	unsuccessful attempts may On or after October 1, 1998, every
1442	applicant who is qualified shall be allowed to take the
1443	examination three times, notwithstanding the number of times the
1444	applicant has previously failed the examination. If an applicant
1445	fails the examination three times after October 1, 1998, the
1446	board shall require the applicant to complete additional
1447	college-level or technical education courses in the areas of
1448	deficiency, as determined by the board, as a condition of future
1449	eligibility to take the examination. The applicant must also
1450	submit a new application that meets all certification
1451	requirements at the time of its submission and must pay all
1452	appropriate fees.
1453	(3)(4)(a)  "Good moral character" means a personal history
1454	of honesty, fairness, and respect for the rights of others and
1455	for laws of this state and nation.
1456	(b)  The board may determine that an individual applying
1457	for certification is ineligible to take the examination for
1458	failure to satisfy the requirement of good moral character only
1459	if:
1460	1.  There is a substantial connection between the lack of
1461	good moral character of the individual and the professional
1462	responsibilities of a certified contractor; and
1463	2.  The finding by the board of lack of good moral
1464	character is supported by clear and convincing evidence.
1465	(c)  When an individual is found to be unqualified for
1466	certification examination because of a lack of good moral
1467	character, the board shall furnish such individual a statement
1468	containing the findings of the board, a complete record of the
1469	evidence upon which the determination was based, and a notice of
1470	the rights of the individual to a rehearing and appeal.
1471	(4)(5)  The board shall, by rule, designate those types of
1472	specialty electrical or alarm system contractors who may be
1473	certified under this part. The limit of the scope of work and
1474	responsibility of a certified specialty contractor shall be
1475	established by board rule. A certified specialty contractor
1476	category exists as an optional statewide licensing category.
1477	Qualification for certification in a specialty category created
1478	by rule shall be the same as set forth in paragraph (1)(b)
1479	(2)(a). The existence of a specialty category created by rule
1480	does not itself create any licensing requirement; however,
1481	neither does its optional nature remove any licensure
1482	requirement established elsewhere in this part.
1483	(5)(6)  The board shall certify as qualified for
1484	certification by endorsement any individual applying for
1485	certification who:
1486	(a)  Meets the requirements for certification as set forth
1487	in this section; has passed a national, regional, state, or
1488	United States territorial licensing examination that is
1489	substantially equivalent to the examination required by this
1490	part; and has satisfied the requirements set forth in s.
1491	489.521; or
1492	(b)  Holds a valid license to practice electrical or alarm
1493	system contracting issued by another state or territory of the
1494	United States, if the criteria for issuance of such license was
1495	substantially equivalent to the certification criteria that
1496	existed in this state at the time the certificate was issued.
1497	(6)(7)  Upon the issuance of a certificate, any previously
1498	issued registered licenses for the classification in which the
1499	certification is issued are rendered void.
1500	Section 30.  Paragraph (b) of subsection (1) of section
1501	489.515, Florida Statutes, is amended to read:
1502	489.515  Issuance of certificates; registrations.--
1503	(1)
1504	(b)  The board shall certify as qualified for certification
1505	any person who satisfies the requirements of s. 489.511, who
1506	successfully passes the certification examination administered
1507	by the department, achieving a passing grade as established by
1508	board rule, and who submits satisfactory evidence that he or she
1509	has obtained both workers' compensation insurance or an
1510	acceptable exemption certificate issued by the department and
1511	public liability and property damage insurance for the health,
1512	safety, and welfare of the public in amounts determined by rule
1513	of the board, and furnishes evidence of financial
1514	responsibility, credit, and business reputation of either
1515	himself or herself or the business organization he or she
1516	desires to qualify.
1517	Section 31.  Section 494.008, Florida Statutes, is amended
1518	to read:
1519	494.008  Mortgages offered by land developers licensed
1520	pursuant to the Florida Uniform Land Sales Practices Law;
1521	requirements; prohibitions.--No mortgage loan which has a face
1522	amount of $35,000 or less and is secured by vacant land
1523	registered under the Florida Uniform Land Sales Practices Law,
1524	chapter 498, shall be sold to a mortgagee, except a financial
1525	institution, by any person unless all of the following
1526	requirements are met:
1527	(1)  Each mortgage securing a note or other obligation sold
1528	or offered for sale shall be eligible for a recordation as a
1529	first mortgage.
1530	(2)  Each mortgage negotiated pursuant to this section must
1531	include a mortgagee's title insurance policy or an opinion of
1532	title, from an attorney who is licensed to practice law in this
1533	state, on each parcel of land which is described in the
1534	mortgage. The policy or opinion shall reflect that there are no
1535	other mortgages on the property. A notice stating the priority
1536	of the mortgage shall be placed on the face of each mortgage in
1537	an amount over $35,000 issued pursuant to this section.
1538	(3)  Contracts to purchase a mortgage loan shall contain,
1539	immediately above the purchaser's signature line, the statement
1540	in 10-point boldfaced type: "This mortgage is secured by vacant
1541	land subject to development at a future time." This statement
1542	shall also be typed or printed in 10-point type on the face of
1543	the note and mortgage sold.
1544	(4)  The most recent assessment for tax purposes made by
1545	the county property appraiser of each parcel of land described
1546	in the mortgage shall be furnished to each mortgagee.
1547	(5)  The mortgage broker shall record or cause to be
1548	recorded all mortgages or other similar documents prior to
1549	delivery of the note and mortgage to the mortgagee.
1550	(6)  All funds received by the mortgage broker pursuant to
1551	this section shall promptly be deposited in the broker's trust
1552	account where they shall remain until the note and mortgage are
1553	fully executed and recorded.
1554	(7)  Willful failure to comply with any of the above
1555	provisions shall subject the person to the penalties of s.
1556	494.05.
1557	Section 32.  Section 498.009, Florida Statutes, is
1558	renumbered as section 718.50152, Florida Statutes.
1559	Section 33.  Section 498.011, Florida Statutes, is
1560	renumbered as section 718.50153, Florida Statutes, and amended
1561	to read:
1562	718.50153 498.011  Payment of per diem, mileage, and other
1563	expenses to division employees.--The amount of per diem and
1564	mileage and expense money paid to employees shall be as provided
1565	in s. 112.061, except that the division shall establish by rule
1566	the standards for reimbursement of actual verified expenses
1567	incurred in connection with an on-site review inspection or
1568	investigation of subdivided lands.
1569	Section 34.  Section 498.013, Florida Statutes, is
1570	renumbered as section 718.50154, Florida Statutes.
1571	Section 35.  Section 498.057, Florida Statutes, is
1572	renumbered as section 718.50155, Florida Statutes, and amended,
1573	to read:
1574	718.50155 498.057  Service of process.--
1575	(1)  In addition to the methods of service provided for in
1576	the Florida Rules of Civil Procedure and the Florida Statutes,
1577	service may be made and by delivering a copy of the process to
1578	the director of the division, which shall be binding upon the
1579	defendant or respondent if:
1580	(a)  The division plaintiff, which is acting as the
1581	petitioner or plaintiff may be the division, immediately sends a
1582	copy of the process and of the pleading by certified mail to the
1583	defendant or respondent at his or her last known address;, and
1584	(b)  The division plaintiff files an affidavit of
1585	compliance with this section on or before the return date of the
1586	process or within the time set by the court.
1587	(2)  If any person, including any nonresident of this
1588	state, allegedly engages in conduct prohibited by this chapter,
1589	or any rule or order of the division, and has not filed a
1590	consent to service of process, and personal jurisdiction over
1591	him or her cannot otherwise be obtained in this state, the
1592	director shall be authorized to receive service of process in
1593	any noncriminal proceeding against that person or his or her
1594	successor which grows out of the conduct and which is brought by
1595	the division under this chapter or any rule or order of the
1596	division. The process shall have the same force and validity as
1597	if personally served. Notice shall be given as provided in
1598	subsection (1).
1599	Section 36.  Sections 498.001, 498.003, 498.005, 498.007,
1600	498.017, 498.021, 498.022, 498.023, 498.024, 498.025, 498.027,
1601	498.028, 498.029, 498.031, 498.033, 498.035, 498.037, 498.039,
1602	498.041, 498.047, 498.049, 498.051, 498.053, 498.059, 498.061,
1603	and 498.063, Florida Statutes, are repealed.
1604	Section 37.  Section 509.512, Florida Statutes, is amended
1605	to read:
1606	509.512  Timeshare plan developer and exchange company
1607	exemption.--Sections 509.501-509.511 do not apply to a developer
1608	of a timeshare plan or an exchange company approved by the
1609	Division of Florida Land Sales, Condominiums, Timeshares, and
1610	Mobile Homes pursuant to chapter 721, but only to the extent
1611	that the developer or exchange company engages in conduct
1612	regulated under chapter 721.
1613	Section 38.  Subsection (2) of section 517.301, Florida
1614	Statutes, is amended to read:
1615	517.301  Fraudulent transactions; falsification or
1616	concealment of facts.--
1617	(2)  For purposes of ss. 517.311 and 517.312 and this
1618	section, the term "investment" means any commitment of money or
1619	property principally induced by a representation that an
1620	economic benefit may be derived from such commitment, except
1621	that the term "investment" does not include a commitment of
1622	money or property for:
1623	(a)  The purchase of a business opportunity, business
1624	enterprise, or real property through a person licensed under
1625	chapter 475 or registered under former chapter 498; or
1626	(b)  The purchase of tangible personal property through a
1627	person not engaged in telephone solicitation, where said
1628	property is offered and sold in accordance with the following
1629	conditions:
1630	1.  There are no specific representations or guarantees
1631	made by the offeror or seller as to the economic benefit to be
1632	derived from the purchase;
1633	2.  The tangible property is delivered to the purchaser
1634	within 30 days after sale, except that such 30-day period may be
1635	extended by the office if market conditions so warrant; and
1636	3.  The seller has offered the purchaser a full refund
1637	policy in writing, exercisable by the purchaser within 10 days
1638	of the date of delivery of such tangible personal property,
1639	except that the amount of such refund may not in no event shall
1640	exceed the bid price in effect at the time the property is
1641	returned to the seller. If the applicable sellers' market is
1642	closed at the time the property is returned to the seller for a
1643	refund, the amount of such refund shall be based on the bid
1644	price for such property at the next opening of such market.
1645	Section 39.  Subsection (4) of section 548.0065, Florida
1646	Statutes, is amended to read:
1647	548.0065  Amateur matches; sanctioning and supervision;
1648	health and safety standards; compliance checks; continuation,
1649	suspension, and revocation of sanctioning approval.--
1650	(4)  Any member of the commission or the executive director
1651	of the commission may suspend the approval of an amateur
1652	sanctioning organization for failure to supervise amateur
1653	matches or to enforce the approved health and safety standards
1654	required under this chapter, provided that the suspension
1655	complies with the procedures for summary suspensions in s.
1656	120.60(6). At any amateur boxing, or kickboxing, or mixed
1657	martial arts contest, any member of the commission or a
1658	representative of the commission may immediately suspend one or
1659	more matches in an event whenever it appears that the match or
1660	matches violate the health and safety standards established by
1661	rule as required by this chapter. A law enforcement officer may
1662	assist any member of the commission or a representative of the
1663	commission to enforce an order to stop a contest if called upon
1664	to do so by a member of the commission or a representative of
1665	the commission.
1666	Section 40.  Subsections (2), (3), and (4) of section
1667	548.008, Florida Statutes, are amended to read:
1668	548.008  Prohibited competitions.--
1669	(2)  No amateur mixed martial arts match may be held in
1670	this state.
1671	(2)(3)  No professional match may be held in this state
1672	unless it meets the requirements for holding the match as
1673	provided in this chapter and the rules adopted by the
1674	commission.
1675	(3)(4)(a)  Any person participating in a match prohibited
1676	under this section, knowing the match to be prohibited, commits
1677	a misdemeanor of the second degree, punishable as provided in s.
1678	775.082 or s. 775.083.
1679	(b)  Any person holding, promoting, or sponsoring a match
1680	prohibited under this section commits a felony of the third
1681	degree, punishable as provided in s. 775.082, s. 775.083, or s.
1682	775.084.
1683	Section 41.  Subsection (1) of section 548.041, Florida
1684	Statutes, is amended to read:
1685	548.041  Age, condition, and suspension of participants.--
1686	(1)  A person may shall not be licensed as a participant,
1687	and the license of a any participant shall be suspended or
1688	revoked, if such person:
1689	(a)  Is under the age of 18;
1690	(b)  Has participated in a match in this state which was
1691	not sanctioned by the commission or by a Native American
1692	commission properly constituted under federal law; or
1693	(c)  Does not meet certain health and medical examination
1694	conditions as required by rule of the commission;.
1695	(d)  Has not competed in a minimum number of amateur boxing
1696	events as determined by commission rule prior to licensure; or
1697	(e)  Has not participated in a minimum number of amateur
1698	mixed martial arts events as determined by commission rule prior
1699	to licensure.
1700	Section 42.  Subsection (1) of section 559.935, Florida
1701	Statutes, is amended to read:
1702	559.935  Exemptions.--
1703	(1)  This part does not apply to:
1704	(a)  A bona fide employee of a seller of travel who is
1705	engaged solely in the business of her or his employer;
1706	(b)  Any direct common carrier of passengers or property
1707	regulated by an agency of the Federal Government or employees of
1708	such carrier when engaged solely in the transportation business
1709	of the carrier as identified in the carrier's certificate;
1710	(c)  An intrastate common carrier of passengers or property
1711	selling only transportation as defined in the applicable state
1712	or local registration or certification, or employees of such
1713	carrier when engaged solely in the transportation business of
1714	the carrier;
1715	(d)  Hotels, motels, or other places of public
1716	accommodation selling public accommodations, or employees of
1717	such hotels, motels, or other places of public accommodation,
1718	when engaged solely in making arrangements for lodging,
1719	accommodations, or sightseeing tours within the state, or taking
1720	reservations for the traveler with times, dates, locations, and
1721	accommodations certain at the time the reservations are made,
1722	provided that hotels and motels registered with the Department
1723	of Business and Professional Regulation pursuant to chapter 509
1724	are excluded from the provisions of this chapter;
1725	(e)  Persons involved solely in the rental, leasing, or
1726	sale of residential property;
1727	(f)  Persons involved solely in the rental, leasing, or
1728	sale of transportation vehicles;
1729	(g)  Persons who make travel arrangements for themselves;
1730	for their employees or agents; for distributors, franchisees, or
1731	dealers of the persons' products or services; for entities which
1732	are financially related to the persons; or for the employees or
1733	agents of the distributor, franchisee, or dealer or financially
1734	related entity;
1735	(h)  A developer of a timeshare plan or an exchange company
1736	approved by the Division of Florida Land Sales, Condominiums,
1737	Timeshares, and Mobile Homes pursuant to chapter 721, but only
1738	to the extent that the developer or exchange company engages in
1739	conduct regulated under chapter 721; or
1740	(i)  Persons or entities engaged solely in offering diving
1741	services, including classes and sales or rentals of equipment,
1742	when engaged in making any prearranged travel-related or
1743	tourist-related services in conjunction with a primarily dive-
1744	related event.
1745	Section 43.  Subsection (17) of section 718.103, Florida
1746	Statutes, is amended to read:
1747	718.103  Definitions.--As used in this chapter, the term:
1748	(17)  "Division" means the Division of Florida Land Sales,
1749	Condominiums, Timeshares, and Mobile Homes of the Department of
1750	Business and Professional Regulation.
1751	Section 44.  Paragraph (c) of subsection (4) of section
1752	718.105, Florida Statutes, is amended to read:
1753	718.105  Recording of declaration.--
1754	(4)
1755	(c)  If the sum of money held by the clerk has not been
1756	paid to the developer or association as provided in paragraph
1757	(b) within by 3 years after the date the declaration was
1758	originally recorded, the clerk in his or her discretion may
1759	notify, in writing, the registered agent of the association that
1760	the sum is still available and the purpose for which it was
1761	deposited. If the association does not record the certificate
1762	within 90 days after the clerk has given the notice, the clerk
1763	may disburse the money to the developer. If the developer cannot
1764	be located, the clerk shall disburse the money to the Division
1765	of Florida Land Sales, Condominiums, Timeshares, and Mobile
1766	Homes for deposit in the Division of Florida Land Sales,
1767	Condominiums, Timeshares, and Mobile Homes Trust Fund.
1768	Section 45.  Subsection (4) of section 718.1255, Florida
1769	Statutes, is amended to read:
1770	718.1255  Alternative dispute resolution; voluntary
1771	mediation; mandatory nonbinding arbitration; legislative
1772	findings.--
1773	(4)  MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
1774	DISPUTES.--The Division of Florida Land Sales, Condominiums,
1775	Timeshares, and Mobile Homes of the Department of Business and
1776	Professional Regulation shall employ full-time attorneys to act
1777	as arbitrators to conduct the arbitration hearings provided by
1778	this chapter. The division may also certify attorneys who are
1779	not employed by the division to act as arbitrators to conduct
1780	the arbitration hearings provided by this section. No person may
1781	be employed by the department as a full-time arbitrator unless
1782	he or she is a member in good standing of The Florida Bar. The
1783	department shall adopt promulgate rules of procedure to govern
1784	such arbitration hearings including mediation incident thereto.
1785	The decision of an arbitrator shall be final; however, such a
1786	decision shall not be deemed final agency action. Nothing in
1787	this provision shall be construed to foreclose parties from
1788	proceeding in a trial de novo unless the parties have agreed
1789	that the arbitration is binding. If such judicial proceedings
1790	are initiated, the final decision of the arbitrator shall be
1791	admissible in evidence in the trial de novo.
1792	(a)  Prior to the institution of court litigation, a party
1793	to a dispute shall petition the division for nonbinding
1794	arbitration. The petition must be accompanied by a filing fee in
1795	the amount of $50. Filing fees collected under this section must
1796	be used to defray the expenses of the alternative dispute
1797	resolution program.
1798	(b)  The petition must recite, and have attached thereto,
1799	supporting proof that the petitioner gave the respondents:
1800	1.  Advance written notice of the specific nature of the
1801	dispute;
1802	2.  A demand for relief, and a reasonable opportunity to
1803	comply or to provide the relief; and
1804	3.  Notice of the intention to file an arbitration petition
1805	or other legal action in the absence of a resolution of the
1806	dispute.
1807
1808	Failure to include the allegations or proof of compliance with
1809	these prerequisites requires dismissal of the petition without
1810	prejudice.
1811	(c)  Upon receipt, the petition shall be promptly reviewed
1812	by the division to determine the existence of a dispute and
1813	compliance with the requirements of paragraphs (a) and (b). If
1814	emergency relief is required and is not available through
1815	arbitration, a motion to stay the arbitration may be filed. The
1816	motion must be accompanied by a verified petition alleging facts
1817	that, if proven, would support entry of a temporary injunction,
1818	and if an appropriate motion and supporting papers are filed,
1819	the division may abate the arbitration pending a court hearing
1820	and disposition of a motion for temporary injunction.
1821	(d)  Upon determination by the division that a dispute
1822	exists and that the petition substantially meets the
1823	requirements of paragraphs (a) and (b) and any other applicable
1824	rules, a copy of the petition shall forthwith be served by the
1825	division upon all respondents.
1826	(e)  Either Before or after the filing of the respondents'
1827	answer to the petition, any party may request that the
1828	arbitrator refer the case to mediation under this section and
1829	any rules adopted by the division. Upon receipt of a request for
1830	mediation, the division shall promptly contact the parties to
1831	determine if there is agreement that mediation would be
1832	appropriate. If all parties agree, the dispute must be referred
1833	to mediation. Notwithstanding a lack of an agreement by all
1834	parties, the arbitrator may refer a dispute to mediation at any
1835	time.
1836	(f)  Upon referral of a case to mediation, the parties must
1837	select a mutually acceptable mediator. To assist in the
1838	selection, the arbitrator shall provide the parties with a list
1839	of both volunteer and paid mediators that have been certified by
1840	the division under s. 718.501. If the parties are unable to
1841	agree on a mediator within the time allowed by the arbitrator,
1842	the arbitrator shall appoint a mediator from the list of
1843	certified mediators. If a case is referred to mediation, the
1844	parties shall attend a mediation conference, as scheduled by the
1845	parties and the mediator. If any party fails to attend a duly
1846	noticed mediation conference, without the permission or approval
1847	of the arbitrator or mediator, the arbitrator must impose
1848	sanctions against the party, including the striking of any
1849	pleadings filed, the entry of an order of dismissal or default
1850	if appropriate, and the award of costs and attorneys' fees
1851	incurred by the other parties. Unless otherwise agreed to by the
1852	parties or as provided by order of the arbitrator, a party is
1853	deemed to have appeared at a mediation conference by the
1854	physical presence of the party or its representative having full
1855	authority to settle without further consultation, provided that
1856	an association may comply by having one or more representatives
1857	present with full authority to negotiate a settlement and
1858	recommend that the board of administration ratify and approve
1859	such a settlement within 5 days from the date of the mediation
1860	conference. The parties shall share equally the expense of
1861	mediation, unless they agree otherwise.
1862	(g)  The purpose of mediation as provided for by this
1863	section is to present the parties with an opportunity to resolve
1864	the underlying dispute in good faith, and with a minimum
1865	expenditure of time and resources.
1866	(h)  Mediation proceedings must generally be conducted in
1867	accordance with the Florida Rules of Civil Procedure, and these
1868	proceedings are privileged and confidential to the same extent
1869	as court-ordered mediation. Persons who are not parties to the
1870	dispute are not allowed to attend the mediation conference
1871	without the consent of all parties, with the exception of
1872	counsel for the parties and corporate representatives designated
1873	to appear for a party. If the mediator declares an impasse after
1874	a mediation conference has been held, the arbitration proceeding
1875	terminates, unless all parties agree in writing to continue the
1876	arbitration proceeding, in which case the arbitrator's decision
1877	shall be either binding or nonbinding, as agreed upon by the
1878	parties; in the arbitration proceeding, the arbitrator shall not
1879	consider any evidence relating to the unsuccessful mediation
1880	except in a proceeding to impose sanctions for failure to appear
1881	at the mediation conference. If the parties do not agree to
1882	continue arbitration, the arbitrator shall enter an order of
1883	dismissal, and either party may institute a suit in a court of
1884	competent jurisdiction. The parties may seek to recover any
1885	costs and attorneys' fees incurred in connection with
1886	arbitration and mediation proceedings under this section as part
1887	of the costs and fees that may be recovered by the prevailing
1888	party in any subsequent litigation.
1889	(i)  Arbitration shall be conducted according to rules
1890	adopted promulgated by the division. The filing of a petition
1891	for arbitration shall toll the applicable statute of
1892	limitations.
1893	(j)  At the request of any party to the arbitration, the
1894	such arbitrator shall issue subpoenas for the attendance of
1895	witnesses and the production of books, records, documents, and
1896	other evidence and any party on whose behalf a subpoena is
1897	issued may apply to the court for orders compelling such
1898	attendance and production. Subpoenas shall be served and shall
1899	be enforceable in the manner provided by the Florida Rules of
1900	Civil Procedure. Discovery may, in the discretion of the
1901	arbitrator, be permitted in the manner provided by the Florida
1902	Rules of Civil Procedure. Rules adopted by the division may
1903	authorize any reasonable sanctions except contempt for a
1904	violation of the arbitration procedural rules of the division or
1905	for the failure of a party to comply with a reasonable nonfinal
1906	order issued by an arbitrator which is not under judicial
1907	review.
1908	(k)  The arbitration decision shall be presented to the
1909	parties in writing. An arbitration decision is final in those
1910	disputes in which the parties have agreed to be bound. An
1911	arbitration decision is also final if a complaint for a trial de
1912	novo is not filed in a court of competent jurisdiction in which
1913	the condominium is located within 30 days. The right to file for
1914	a trial de novo entitles the parties to file a complaint in the
1915	appropriate trial court for a judicial resolution of the
1916	dispute. The prevailing party in an arbitration proceeding shall
1917	be awarded the costs of the arbitration and reasonable
1918	attorney's fees in an amount determined by the arbitrator. Such
1919	an award shall include the costs and reasonable attorney's fees
1920	incurred in the arbitration proceeding as well as the costs and
1921	reasonable attorney's fees incurred in preparing for and
1922	attending any scheduled mediation.
1923	(l)  The party who files a complaint for a trial de novo
1924	shall be assessed the other party's arbitration costs, court
1925	costs, and other reasonable costs, including attorney's fees,
1926	investigation expenses, and expenses for expert or other
1927	testimony or evidence incurred after the arbitration hearing if
1928	the judgment upon the trial de novo is not more favorable than
1929	the arbitration decision. If the judgment is more favorable, the
1930	party who filed a complaint for trial de novo shall be awarded
1931	reasonable court costs and attorney's fees.
1932	(m)  Any party to an arbitration proceeding may enforce an
1933	arbitration award by filing a petition in a court of competent
1934	jurisdiction in which the condominium is located. A petition may
1935	not be granted unless the time for appeal by the filing of a
1936	complaint for trial de novo has expired. If a complaint for a
1937	trial de novo has been filed, a petition may not be granted with
1938	respect to an arbitration award that has been stayed. If the
1939	petition for enforcement is granted, the petitioner shall
1940	recover reasonable attorney's fees and costs incurred in
1941	enforcing the arbitration award. A mediation settlement may also
1942	be enforced through the county or circuit court, as applicable,
1943	and any costs and fees incurred in the enforcement of a
1944	settlement agreement reached at mediation must be awarded to the
1945	prevailing party in any enforcement action.
1946	Section 46.  Section 718.501, Florida Statutes, is amended
1947	to read:
1948	718.501  Powers and duties of Division of Florida Land
1949	Sales, Condominiums, Timeshares, and Mobile Homes.--
1950	(1)  The Division of Florida Land Sales, Condominiums,
1951	Timeshares, and Mobile Homes of the Department of Business and
1952	Professional Regulation, referred to as the "division" in this
1953	part, in addition to other powers and duties prescribed by
1954	chapter 498, has the power to enforce and ensure compliance with
1955	the provisions of this chapter and rules promulgated pursuant
1956	hereto relating to the development, construction, sale, lease,
1957	ownership, operation, and management of residential condominium
1958	units. In performing its duties, the division has the following
1959	powers and duties:
1960	(a)1.  The division may make necessary public or private
1961	investigations within or outside this state to determine whether
1962	any person has violated this chapter or any rule or order
1963	hereunder, to aid in the enforcement of this chapter, or to aid
1964	in the adoption of rules or forms hereunder.
1965	2.  The division may submit any official written report,
1966	worksheet, or other related paper, or a duly certified copy
1967	thereof, compiled, prepared, drafted, or otherwise made by and
1968	duly authenticated by a financial examiner or analyst to be
1969	admitted as competent evidence in any hearing in which the
1970	financial examiner or analyst is available for cross-examination
1971	and attests under oath that such documents were prepared as a
1972	result of an examination or inspection conducted pursuant to
1973	this chapter.
1974	(b)  The division may require or permit any person to file
1975	a statement in writing, under oath or otherwise, as the division
1976	determines, as to the facts and circumstances concerning a
1977	matter to be investigated.
1978	(c)  For the purpose of any investigation under this
1979	chapter, the division director or any officer or employee
1980	designated by the division director may administer oaths or
1981	affirmations, subpoena witnesses and compel their attendance,
1982	take evidence, and require the production of any matter which is
1983	relevant to the investigation, including the existence,
1984	description, nature, custody, condition, and location of any
1985	books, documents, or other tangible things and the identity and
1986	location of persons having knowledge of relevant facts or any
1987	other matter reasonably calculated to lead to the discovery of
1988	material evidence. Upon the failure by a person to obey a
1989	subpoena or to answer questions propounded by the investigating
1990	officer and upon reasonable notice to all persons affected
1991	thereby, the division may apply to the circuit court for an
1992	order compelling compliance.
1993	(d)  Notwithstanding any remedies available to unit owners
1994	and associations, if the division has reasonable cause to
1995	believe that a violation of any provision of this chapter or
1996	related rule promulgated pursuant hereto has occurred, the
1997	division may institute enforcement proceedings in its own name
1998	against any developer, association, officer, or member of the
1999	board of administration, or its assignees or agents, as follows:
2000	1.  The division may permit a person whose conduct or
2001	actions may be under investigation to waive formal proceedings
2002	and enter into a consent proceeding whereby orders, rules, or
2003	letters of censure or warning, whether formal or informal, may
2004	be entered against the person.
2005	2.  The division may issue an order requiring the
2006	developer, association, officer, or member of the board of
2007	administration, or its assignees or agents, to cease and desist
2008	from the unlawful practice and take such affirmative action as
2009	in the judgment of the division will carry out the purposes of
2010	this chapter. Such affirmative action may include, but is not
2011	limited to, an order requiring a developer to pay moneys
2012	determined to be owed to a condominium association. If the
2013	division finds that a developer, association, officer, or member
2014	of the board of administration, or its assignees or agents, is
2015	violating or is about to violate any provision of this chapter,
2016	any rule adopted or order issued by the division, or any written
2017	agreement entered into with the division, and presents an
2018	immediate danger to the public requiring an immediate final
2019	order, it may issue an emergency cease and desist order reciting
2020	with particularity the facts underlying such findings. The
2021	emergency cease and desist order is effective for 90 days. If
2022	the division begins nonemergency cease and desist proceedings,
2023	the emergency cease and desist order remains effective until the
2024	conclusion of the proceedings under ss. 120.569 and 120.57.
2025	3.  The division may bring an action in circuit court on
2026	behalf of a class of unit owners, lessees, or purchasers for
2027	declaratory relief, injunctive relief, or restitution.
2028	4.  The division may petition the court for the appointment
2029	of a receiver or conservator. If appointed, the receiver or
2030	conservator may take action to implement the court order to
2031	ensure the performance of the order and to remedy any breach
2032	thereof. In addition to all other means provided by law for the
2033	enforcement of an injunction or temporary restraining order, the
2034	circuit court may impound or sequester the property of a party
2035	defendant, including books, papers, documents, and related
2036	records, and allow the examination and use of the property by
2037	the division and a court-appointed receiver or conservator.
2038	5.  The division may apply to the circuit court for an
2039	order of restitution whereby the defendant in an action brought
2040	pursuant to subparagraph 4. shall be ordered to make restitution
2041	of those sums shown by the division to have been obtained by the
2042	defendant in violation of this chapter. Such restitution shall,
2043	at the option of the court, be payable to the conservator or
2044	receiver appointed pursuant to subparagraph 4. or directly to
2045	the persons whose funds or assets were obtained in violation of
2046	this chapter.
2047	6.4.  The division may impose a civil penalty against a
2048	developer or association, or its assignee or agent, for any
2049	violation of this chapter or a rule adopted under this chapter
2050	promulgated pursuant hereto. The division may impose a civil
2051	penalty individually against any officer or board member who
2052	willfully and knowingly violates a provision of this chapter,
2053	adopted a rule adopted pursuant hereto, or a final order of the
2054	division. The term "willfully and knowingly" means that the
2055	division informed the officer or board member that his or her
2056	action or intended action violates this chapter, a rule adopted
2057	under this chapter, or a final order of the division and that
2058	the officer or board member refused to comply with the
2059	requirements of this chapter, a rule adopted under this chapter,
2060	or a final order of the division. The division, prior to
2061	initiating formal agency action under chapter 120, shall afford
2062	the officer or board member an opportunity to voluntarily comply
2063	with this chapter, a rule adopted under this chapter, or a final
2064	order of the division. An officer or board member who complies
2065	within 10 days is not subject to a civil penalty. A penalty may
2066	be imposed on the basis of each day of continuing violation, but
2067	in no event shall the penalty for any offense exceed $5,000. By
2068	January 1, 1998, the division shall adopt, by rule, penalty
2069	guidelines applicable to possible violations or to categories of
2070	violations of this chapter or rules adopted by the division. The
2071	guidelines must specify a meaningful range of civil penalties
2072	for each such violation of the statute and rules and must be
2073	based upon the harm caused by the violation, the repetition of
2074	the violation, and upon such other factors deemed relevant by
2075	the division. For example, the division may consider whether the
2076	violations were committed by a developer or owner-controlled
2077	association, the size of the association, and other factors. The
2078	guidelines must designate the possible mitigating or aggravating
2079	circumstances that justify a departure from the range of
2080	penalties provided by the rules. It is the legislative intent
2081	that minor violations be distinguished from those which endanger
2082	the health, safety, or welfare of the condominium residents or
2083	other persons and that such guidelines provide reasonable and
2084	meaningful notice to the public of likely penalties that may be
2085	imposed for proscribed conduct. This subsection does not limit
2086	the ability of the division to informally dispose of
2087	administrative actions or complaints by stipulation, agreed
2088	settlement, or consent order. All amounts collected shall be
2089	deposited with the Chief Financial Officer to the credit of the
2090	Division of Florida Land Sales, Condominiums, Timeshares, and
2091	Mobile Homes Trust Fund. If a developer fails to pay the civil
2092	penalty, the division shall thereupon issue an order directing
2093	that such developer cease and desist from further operation
2094	until such time as the civil penalty is paid or may pursue
2095	enforcement of the penalty in a court of competent jurisdiction.
2096	If an association fails to pay the civil penalty, the division
2097	shall thereupon pursue enforcement in a court of competent
2098	jurisdiction, and the order imposing the civil penalty or the
2099	cease and desist order will not become effective until 20 days
2100	after the date of such order. Any action commenced by the
2101	division shall be brought in the county in which the division
2102	has its executive offices or in the county where the violation
2103	occurred.
2104	7.  In addition to subparagraph 6., the division may seek
2105	the imposition of a civil penalty through the circuit court for
2106	any violation for which the division may issue a notice to show
2107	cause under paragraph (q). The civil penalty shall be at least
2108	$500 but no more than $5,000 for each violation. The court may
2109	also award to the prevailing party court costs and reasonable
2110	attorney's fees and, if the division prevails, may also award
2111	reasonable costs of investigation.
2112	(e)  The division may is authorized to prepare and
2113	disseminate a prospectus and other information to assist
2114	prospective owners, purchasers, lessees, and developers of
2115	residential condominiums in assessing the rights, privileges,
2116	and duties pertaining thereto.
2117	(f)  The division has authority to adopt rules pursuant to
2118	ss. 120.536(1) and 120.54 to implement and enforce the
2119	provisions of this chapter.
2120	(g)  The division shall establish procedures for providing
2121	notice to an association when the division is considering the
2122	issuance of a declaratory statement with respect to the
2123	declaration of condominium or any related document governing in
2124	such condominium community.
2125	(h)  The division shall furnish each association which pays
2126	the fees required by paragraph (2)(a) a copy of this act,
2127	subsequent changes to this act on an annual basis, an amended
2128	version of this act as it becomes available from the Secretary
2129	of State's office on a biennial basis, and the rules adopted
2130	promulgated pursuant thereto on an annual basis.
2131	(i)  The division shall annually provide each association
2132	with a summary of declaratory statements and formal legal
2133	opinions relating to the operations of condominiums which were
2134	rendered by the division during the previous year.
2135	(j)  The division shall provide training programs for
2136	condominium association board members and unit owners.
2137	(k)  The division shall maintain a toll-free telephone
2138	number accessible to condominium unit owners.
2139	(l)  The division shall develop a program to certify both
2140	volunteer and paid mediators to provide mediation of condominium
2141	disputes. The division shall provide, upon request, a list of
2142	such mediators to any association, unit owner, or other
2143	participant in arbitration proceedings under s. 718.1255
2144	requesting a copy of the list. The division shall include on the
2145	list of volunteer mediators only the names of persons who have
2146	received at least 20 hours of training in mediation techniques
2147	or who have mediated at least 20 disputes. In order to become
2148	initially certified by the division, paid mediators must be
2149	certified by the Supreme Court to mediate court cases in either
2150	county or circuit courts. However, the division may adopt, by
2151	rule, additional factors for the certification of paid
2152	mediators, which factors must be related to experience,
2153	education, or background. Any person initially certified as a
2154	paid mediator by the division must, in order to continue to be
2155	certified, comply with the factors or requirements imposed by
2156	rules adopted by the division.
2157	(m)  When a complaint is made, the division shall conduct
2158	its inquiry with due regard to the interests of the affected
2159	parties. Within 30 days after receipt of a complaint, the
2160	division shall acknowledge the complaint in writing and notify
2161	the complainant whether the complaint is within the jurisdiction
2162	of the division and whether additional information is needed by
2163	the division from the complainant. The division shall conduct
2164	its investigation and shall, within 90 days after receipt of the
2165	original complaint or of timely requested additional
2166	information, take action upon the complaint. However, the
2167	failure to complete the investigation within 90 days does not
2168	prevent the division from continuing the investigation,
2169	accepting or considering evidence obtained or received after 90
2170	days, or taking administrative action if reasonable cause exists
2171	to believe that a violation of this chapter or a rule of the
2172	division has occurred. If an investigation is not completed
2173	within the time limits established in this paragraph, the
2174	division shall, on a monthly basis, notify the complainant in
2175	writing of the status of the investigation. When reporting its
2176	action to the complainant, the division shall inform the
2177	complainant of any right to a hearing pursuant to ss. 120.569
2178	and 120.57.
2179	(n)  The division may:
2180	1.  Contract with agencies in this state or other
2181	jurisdictions to perform investigative functions; or
2182	2.  Accept grants-in-aid from any source.
2183	(o)  The division shall cooperate with similar agencies in
2184	other jurisdictions to establish uniform filing procedures and
2185	forms, public offering statements, advertising standards, and
2186	rules and common administrative practices.
2187	(p)  The division shall consider notice to a developer to
2188	be complete when it is delivered to the developer's address
2189	currently on file with the division.
2190	(q)  In addition to its enforcement authority, the division
2191	may issue a notice to show cause, which shall provide for a
2192	hearing, upon written request, in accordance with chapter 120.
2193	(2)(a)  Effective January 1, 1992, Each condominium
2194	association which operates more than two units shall pay to the
2195	division an annual fee in the amount of $4 for each residential
2196	unit in condominiums operated by the association. If the fee is
2197	not paid by March 1, then the association shall be assessed a
2198	penalty of 10 percent of the amount due, and the association
2199	will not have standing to maintain or defend any action in the
2200	courts of this state until the amount due, plus any penalty, is
2201	paid.
2202	(b)  All fees shall be deposited in the Division of Florida
2203	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
2204	Fund as provided by law.
2205	Section 47.  Subsection (1) of section 718.5011, Florida
2206	Statutes, is amended to read:
2207	718.5011  Ombudsman; appointment; administration.--
2208	(1)  There is created an Office of the Condominium
2209	Ombudsman, to be located for administrative purposes within the
2210	Division of Florida Land Sales, Condominiums, Timeshares, and
2211	Mobile Homes. The functions of the office shall be funded by the
2212	Division of Florida Land Sales, Condominiums, Timeshares, and
2213	Mobile Homes Trust Fund. The ombudsman shall be a bureau chief
2214	of the division, and the office shall be set within the division
2215	in the same manner as any other bureau is staffed and funded.
2216	Section 48.  Paragraph (a) of subsection (2) of section
2217	718.502, Florida Statutes, is amended to read:
2218	718.502  Filing prior to sale or lease.--
2219	(2)(a)  Prior to filing as required by subsection (1), and
2220	prior to acquiring an ownership, leasehold, or contractual
2221	interest in the land upon which the condominium is to be
2222	developed, a developer shall not offer a contract for purchase
2223	of a unit or lease of a unit for more than 5 years. However, the
2224	developer may accept deposits for reservations upon the approval
2225	of a fully executed escrow agreement and reservation agreement
2226	form properly filed with the Division of Florida Land Sales,
2227	Condominiums, Timeshares, and Mobile Homes. Each filing of a
2228	proposed reservation program shall be accompanied by a filing
2229	fee of $250. Reservations shall not be taken on a proposed
2230	condominium unless the developer has an ownership, leasehold, or
2231	contractual interest in the land upon which the condominium is
2232	to be developed. The division shall notify the developer within
2233	20 days of receipt of the reservation filing of any deficiencies
2234	contained therein. Such notification shall not preclude the
2235	determination of reservation filing deficiencies at a later
2236	date, nor shall it relieve the developer of any responsibility
2237	under the law. The escrow agreement and the reservation
2238	agreement form shall include a statement of the right of the
2239	prospective purchaser to an immediate unqualified refund of the
2240	reservation deposit moneys upon written request to the escrow
2241	agent by the prospective purchaser or the developer.
2242	Section 49.  Section 718.504, Florida Statutes, is amended
2243	to read:
2244	718.504  Prospectus or offering circular.--Every developer
2245	of a residential condominium which contains more than 20
2246	residential units, or which is part of a group of residential
2247	condominiums which will be served by property to be used in
2248	common by unit owners of more than 20 residential units, shall
2249	prepare a prospectus or offering circular and file it with the
2250	Division of Florida Land Sales, Condominiums, Timeshares, and
2251	Mobile Homes prior to entering into an enforceable contract of
2252	purchase and sale of any unit or lease of a unit for more than 5
2253	years and shall furnish a copy of the prospectus or offering
2254	circular to each buyer. In addition to the prospectus or
2255	offering circular, each buyer shall be furnished a separate page
2256	entitled "Frequently Asked Questions and Answers," which shall
2257	be in accordance with a format approved by the division and a
2258	copy of the financial information required by s. 718.111. This
2259	page shall, in readable language, inform prospective purchasers
2260	regarding their voting rights and unit use restrictions,
2261	including restrictions on the leasing of a unit; shall indicate
2262	whether and in what amount the unit owners or the association is
2263	obligated to pay rent or land use fees for recreational or other
2264	commonly used facilities; shall contain a statement identifying
2265	that amount of assessment which, pursuant to the budget, would
2266	be levied upon each unit type, exclusive of any special
2267	assessments, and which shall further identify the basis upon
2268	which assessments are levied, whether monthly, quarterly, or
2269	otherwise; shall state and identify any court cases in which the
2270	association is currently a party of record in which the
2271	association may face liability in excess of $100,000; and which
2272	shall further state whether membership in a recreational
2273	facilities association is mandatory, and if so, shall identify
2274	the fees currently charged per unit type. The division shall by
2275	rule require such other disclosure as in its judgment will
2276	assist prospective purchasers. The prospectus or offering
2277	circular may include more than one condominium, although not all
2278	such units are being offered for sale as of the date of the
2279	prospectus or offering circular. The prospectus or offering
2280	circular must contain the following information:
2281	(1)  The front cover or the first page must contain only:
2282	(a)  The name of the condominium.
2283	(b)  The following statements in conspicuous type:
2284	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
2285	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
2286	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
2287	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
2288	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
2289	MATERIALS.
2290	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
2291	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
2292	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
2293	REPRESENTATIONS.
2294	(2)  Summary: The next page must contain all statements
2295	required to be in conspicuous type in the prospectus or offering
2296	circular.
2297	(3)  A separate index of the contents and exhibits of the
2298	prospectus.
2299	(4)  Beginning on the first page of the text (not including
2300	the summary and index), a description of the condominium,
2301	including, but not limited to, the following information:
2302	(a)  Its name and location.
2303	(b)  A description of the condominium property, including,
2304	without limitation:
2305	1.  The number of buildings, the number of units in each
2306	building, the number of bathrooms and bedrooms in each unit, and
2307	the total number of units, if the condominium is not a phase
2308	condominium, or the maximum number of buildings that may be
2309	contained within the condominium, the minimum and maximum
2310	numbers of units in each building, the minimum and maximum
2311	numbers of bathrooms and bedrooms that may be contained in each
2312	unit, and the maximum number of units that may be contained
2313	within the condominium, if the condominium is a phase
2314	condominium.
2315	2.  The page in the condominium documents where a copy of
2316	the plot plan and survey of the condominium is located.
2317	3.  The estimated latest date of completion of
2318	constructing, finishing, and equipping. In lieu of a date, the
2319	description shall include a statement that the estimated date of
2320	completion of the condominium is in the purchase agreement and a
2321	reference to the article or paragraph containing that
2322	information.
2323	(c)  The maximum number of units that will use facilities
2324	in common with the condominium. If the maximum number of units
2325	will vary, a description of the basis for variation and the
2326	minimum amount of dollars per unit to be spent for additional
2327	recreational facilities or enlargement of such facilities. If
2328	the addition or enlargement of facilities will result in a
2329	material increase of a unit owner's maintenance expense or
2330	rental expense, if any, the maximum increase and limitations
2331	thereon shall be stated.
2332	(5)(a)  A statement in conspicuous type describing whether
2333	the condominium is created and being sold as fee simple
2334	interests or as leasehold interests. If the condominium is
2335	created or being sold on a leasehold, the location of the lease
2336	in the disclosure materials shall be stated.
2337	(b)  If timeshare estates are or may be created with
2338	respect to any unit in the condominium, a statement in
2339	conspicuous type stating that timeshare estates are created and
2340	being sold in units in the condominium.
2341	(6)  A description of the recreational and other commonly
2342	used facilities that will be used only by unit owners of the
2343	condominium, including, but not limited to, the following:
2344	(a)  Each room and its intended purposes, location,
2345	approximate floor area, and capacity in numbers of people.
2346	(b)  Each swimming pool, as to its general location,
2347	approximate size and depths, approximate deck size and capacity,
2348	and whether heated.
2349	(c)  Additional facilities, as to the number of each
2350	facility, its approximate location, approximate size, and
2351	approximate capacity.
2352	(d)  A general description of the items of personal
2353	property and the approximate number of each item of personal
2354	property that the developer is committing to furnish for each
2355	room or other facility or, in the alternative, a representation
2356	as to the minimum amount of expenditure that will be made to
2357	purchase the personal property for the facility.
2358	(e)  The estimated date when each room or other facility
2359	will be available for use by the unit owners.
2360	(f)1.  An identification of each room or other facility to
2361	be used by unit owners that will not be owned by the unit owners
2362	or the association;
2363	2.  A reference to the location in the disclosure materials
2364	of the lease or other agreements providing for the use of those
2365	facilities; and
2366	3.  A description of the terms of the lease or other
2367	agreements, including the length of the term; the rent payable,
2368	directly or indirectly, by each unit owner, and the total rent
2369	payable to the lessor, stated in monthly and annual amounts for
2370	the entire term of the lease; and a description of any option to
2371	purchase the property leased under any such lease, including the
2372	time the option may be exercised, the purchase price or how it
2373	is to be determined, the manner of payment, and whether the
2374	option may be exercised for a unit owner's share or only as to
2375	the entire leased property.
2376	(g)  A statement as to whether the developer may provide
2377	additional facilities not described above; their general
2378	locations and types; improvements or changes that may be made;
2379	the approximate dollar amount to be expended; and the maximum
2380	additional common expense or cost to the individual unit owners
2381	that may be charged during the first annual period of operation
2382	of the modified or added facilities.
2383
2384	Descriptions as to locations, areas, capacities, numbers,
2385	volumes, or sizes may be stated as approximations or minimums.
2386	(7)  A description of the recreational and other facilities
2387	that will be used in common with other condominiums, community
2388	associations, or planned developments which require the payment
2389	of the maintenance and expenses of such facilities, either
2390	directly or indirectly, by the unit owners. The description
2391	shall include, but not be limited to, the following:
2392	(a)  Each building and facility committed to be built.
2393	(b)  Facilities not committed to be built except under
2394	certain conditions, and a statement of those conditions or
2395	contingencies.
2396	(c)  As to each facility committed to be built, or which
2397	will be committed to be built upon the happening of one of the
2398	conditions in paragraph (b), a statement of whether it will be
2399	owned by the unit owners having the use thereof or by an
2400	association or other entity which will be controlled by them, or
2401	others, and the location in the exhibits of the lease or other
2402	document providing for use of those facilities.
2403	(d)  The year in which each facility will be available for
2404	use by the unit owners or, in the alternative, the maximum
2405	number of unit owners in the project at the time each of all of
2406	the facilities is committed to be completed.
2407	(e)  A general description of the items of personal
2408	property, and the approximate number of each item of personal
2409	property, that the developer is committing to furnish for each
2410	room or other facility or, in the alternative, a representation
2411	as to the minimum amount of expenditure that will be made to
2412	purchase the personal property for the facility.
2413	(f)  If there are leases, a description thereof, including
2414	the length of the term, the rent payable, and a description of
2415	any option to purchase.
2416
2417	Descriptions shall include location, areas, capacities, numbers,
2418	volumes, or sizes and may be stated as approximations or
2419	minimums.
2420	(8)  Recreation lease or associated club membership:
2421	(a)  If any recreational facilities or other facilities
2422	offered by the developer and available to, or to be used by,
2423	unit owners are to be leased or have club membership associated,
2424	the following statement in conspicuous type shall be included:
2425	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
2426	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
2427	CONDOMINIUM. There shall be a reference to the location in the
2428	disclosure materials where the recreation lease or club
2429	membership is described in detail.
2430	(b)  If it is mandatory that unit owners pay a fee, rent,
2431	dues, or other charges under a recreational facilities lease or
2432	club membership for the use of facilities, there shall be in
2433	conspicuous type the applicable statement:
2434	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
2435	MANDATORY FOR UNIT OWNERS; or
2436	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
2437	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
2438	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
2439	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
2440	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
2441	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
2442	4.  A similar statement of the nature of the organization
2443	or the manner in which the use rights are created, and that unit
2444	owners are required to pay.
2445
2446	Immediately following the applicable statement, the location in
2447	the disclosure materials where the development is described in
2448	detail shall be stated.
2449	(c)  If the developer, or any other person other than the
2450	unit owners and other persons having use rights in the
2451	facilities, reserves, or is entitled to receive, any rent, fee,
2452	or other payment for the use of the facilities, then there shall
2453	be the following statement in conspicuous type: THE UNIT OWNERS
2454	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
2455	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
2456	following this statement, the location in the disclosure
2457	materials where the rent or land use fees are described in
2458	detail shall be stated.
2459	(d)  If, in any recreation format, whether leasehold, club,
2460	or other, any person other than the association has the right to
2461	a lien on the units to secure the payment of assessments, rent,
2462	or other exactions, there shall appear a statement in
2463	conspicuous type in substantially the following form:
2464	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2465	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
2466	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
2467	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
2468	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
2469	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
2470	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
2471	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
2472	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
2473
2474	Immediately following the applicable statement, the location in
2475	the disclosure materials where the lien or lien right is
2476	described in detail shall be stated.
2477	(9)  If the developer or any other person has the right to
2478	increase or add to the recreational facilities at any time after
2479	the establishment of the condominium whose unit owners have use
2480	rights therein, without the consent of the unit owners or
2481	associations being required, there shall appear a statement in
2482	conspicuous type in substantially the following form:
2483	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
2484	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
2485	statement, the location in the disclosure materials where such
2486	reserved rights are described shall be stated.
2487	(10)  A statement of whether the developer's plan includes
2488	a program of leasing units rather than selling them, or leasing
2489	units and selling them subject to such leases. If so, there
2490	shall be a description of the plan, including the number and
2491	identification of the units and the provisions and term of the
2492	proposed leases, and a statement in boldfaced type that: THE
2493	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
2494	(11)  The arrangements for management of the association
2495	and maintenance and operation of the condominium property and of
2496	other property that will serve the unit owners of the
2497	condominium property, and a description of the management
2498	contract and all other contracts for these purposes having a
2499	term in excess of 1 year, including the following:
2500	(a)  The names of contracting parties.
2501	(b)  The term of the contract.
2502	(c)  The nature of the services included.
2503	(d)  The compensation, stated on a monthly and annual
2504	basis, and provisions for increases in the compensation.
2505	(e)  A reference to the volumes and pages of the
2506	condominium documents and of the exhibits containing copies of
2507	such contracts.
2508
2509	Copies of all described contracts shall be attached as exhibits.
2510	If there is a contract for the management of the condominium
2511	property, then a statement in conspicuous type in substantially
2512	the following form shall appear, identifying the proposed or
2513	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
2514	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
2515	CONTRACT MANAGER). Immediately following this statement, the
2516	location in the disclosure materials of the contract for
2517	management of the condominium property shall be stated.
2518	(12)  If the developer or any other person or persons other
2519	than the unit owners has the right to retain control of the
2520	board of administration of the association for a period of time
2521	which can exceed 1 year after the closing of the sale of a
2522	majority of the units in that condominium to persons other than
2523	successors or alternate developers, then a statement in
2524	conspicuous type in substantially the following form shall be
2525	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
2526	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
2527	HAVE BEEN SOLD. Immediately following this statement, the
2528	location in the disclosure materials where this right to control
2529	is described in detail shall be stated.
2530	(13)  If there are any restrictions upon the sale,
2531	transfer, conveyance, or leasing of a unit, then a statement in
2532	conspicuous type in substantially the following form shall be
2533	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
2534	CONTROLLED. Immediately following this statement, the location
2535	in the disclosure materials where the restriction, limitation,
2536	or control on the sale, lease, or transfer of units is described
2537	in detail shall be stated.
2538	(14)  If the condominium is part of a phase project, the
2539	following information shall be stated:
2540	(a)  A statement in conspicuous type in substantially the
2541	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
2542	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
2543	this statement, the location in the disclosure materials where
2544	the phasing is described shall be stated.
2545	(b)  A summary of the provisions of the declaration which
2546	provide for the phasing.
2547	(c)  A statement as to whether or not residential buildings
2548	and units which are added to the condominium may be
2549	substantially different from the residential buildings and units
2550	originally in the condominium. If the added residential
2551	buildings and units may be substantially different, there shall
2552	be a general description of the extent to which such added
2553	residential buildings and units may differ, and a statement in
2554	conspicuous type in substantially the following form shall be
2555	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
2556	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
2557	UNITS IN THE CONDOMINIUM. Immediately following this statement,
2558	the location in the disclosure materials where the extent to
2559	which added residential buildings and units may substantially
2560	differ is described shall be stated.
2561	(d)  A statement of the maximum number of buildings
2562	containing units, the maximum and minimum numbers of units in
2563	each building, the maximum number of units, and the minimum and
2564	maximum square footage of the units that may be contained within
2565	each parcel of land which may be added to the condominium.
2566	(15)  If a condominium created on or after July 1, 2000, is
2567	or may become part of a multicondominium, the following
2568	information must be provided:
2569	(a)  A statement in conspicuous type in substantially the
2570	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
2571	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
2572	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
2573	this statement, the location in the prospectus or offering
2574	circular and its exhibits where the multicondominium aspects of
2575	the offering are described must be stated.
2576	(b)  A summary of the provisions in the declaration,
2577	articles of incorporation, and bylaws which establish and
2578	provide for the operation of the multicondominium, including a
2579	statement as to whether unit owners in the condominium will have
2580	the right to use recreational or other facilities located or
2581	planned to be located in other condominiums operated by the same
2582	association, and the manner of sharing the common expenses
2583	related to such facilities.
2584	(c)  A statement of the minimum and maximum number of
2585	condominiums, and the minimum and maximum number of units in
2586	each of those condominiums, which will or may be operated by the
2587	association, and the latest date by which the exact number will
2588	be finally determined.
2589	(d)  A statement as to whether any of the condominiums in
2590	the multicondominium may include units intended to be used for
2591	nonresidential purposes and the purpose or purposes permitted
2592	for such use.
2593	(e)  A general description of the location and approximate
2594	acreage of any land on which any additional condominiums to be
2595	operated by the association may be located.
2596	(16)  If the condominium is created by conversion of
2597	existing improvements, the following information shall be
2598	stated:
2599	(a)  The information required by s. 718.616.
2600	(b)  A caveat that there are no express warranties unless
2601	they are stated in writing by the developer.
2602	(17)  A summary of the restrictions, if any, to be imposed
2603	on units concerning the use of any of the condominium property,
2604	including statements as to whether there are restrictions upon
2605	children and pets, and reference to the volumes and pages of the
2606	condominium documents where such restrictions are found, or if
2607	such restrictions are contained elsewhere, then a copy of the
2608	documents containing the restrictions shall be attached as an
2609	exhibit.
2610	(18)  If there is any land that is offered by the developer
2611	for use by the unit owners and that is neither owned by them nor
2612	leased to them, the association, or any entity controlled by
2613	unit owners and other persons having the use rights to such
2614	land, a statement shall be made as to how such land will serve
2615	the condominium. If any part of such land will serve the
2616	condominium, the statement shall describe the land and the
2617	nature and term of service, and the declaration or other
2618	instrument creating such servitude shall be included as an
2619	exhibit.
2620	(19)  The manner in which utility and other services,
2621	including, but not limited to, sewage and waste disposal, water
2622	supply, and storm drainage, will be provided and the person or
2623	entity furnishing them.
2624	(20)  An explanation of the manner in which the
2625	apportionment of common expenses and ownership of the common
2626	elements has been determined.
2627	(21)  An estimated operating budget for the condominium and
2628	the association, and a schedule of the unit owner's expenses
2629	shall be attached as an exhibit and shall contain the following
2630	information:
2631	(a)  The estimated monthly and annual expenses of the
2632	condominium and the association that are collected from unit
2633	owners by assessments.
2634	(b)  The estimated monthly and annual expenses of each unit
2635	owner for a unit, other than common expenses paid by all unit
2636	owners, payable by the unit owner to persons or entities other
2637	than the association, as well as to the association, including
2638	fees assessed pursuant to s. 718.113(1) for maintenance of
2639	limited common elements where such costs are shared only by
2640	those entitled to use the limited common element, and the total
2641	estimated monthly and annual expense. There may be excluded from
2642	this estimate expenses which are not provided for or
2643	contemplated by the condominium documents, including, but not
2644	limited to, the costs of private telephone; maintenance of the
2645	interior of condominium units, which is not the obligation of
2646	the association; maid or janitorial services privately
2647	contracted for by the unit owners; utility bills billed directly
2648	to each unit owner for utility services to his or her unit;
2649	insurance premiums other than those incurred for policies
2650	obtained by the condominium; and similar personal expenses of
2651	the unit owner. A unit owner's estimated payments for
2652	assessments shall also be stated in the estimated amounts for
2653	the times when they will be due.
2654	(c)  The estimated items of expenses of the condominium and
2655	the association, except as excluded under paragraph (b),
2656	including, but not limited to, the following items, which shall
2657	be stated either as an association expense collectible by
2658	assessments or as unit owners' expenses payable to persons other
2659	than the association:
2660	1.  Expenses for the association and condominium:
2661	a.  Administration of the association.
2662	b.  Management fees.
2663	c.  Maintenance.
2664	d.  Rent for recreational and other commonly used
2665	facilities.
2666	e.  Taxes upon association property.
2667	f.  Taxes upon leased areas.
2668	g.  Insurance.
2669	h.  Security provisions.
2670	i.  Other expenses.
2671	j.  Operating capital.
2672	k.  Reserves.
2673	l.  Fees payable to the division.
2674	2.  Expenses for a unit owner:
2675	a.  Rent for the unit, if subject to a lease.
2676	b.  Rent payable by the unit owner directly to the lessor
2677	or agent under any recreational lease or lease for the use of
2678	commonly used facilities, which use and payment is a mandatory
2679	condition of ownership and is not included in the common expense
2680	or assessments for common maintenance paid by the unit owners to
2681	the association.
2682	(d)  The following statement in conspicuous type: THE
2683	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
2684	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
2685	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
2686	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
2687	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
2688	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
2689	THE OFFERING.
2690	(e)  Each budget for an association prepared by a developer
2691	consistent with this subsection shall be prepared in good faith
2692	and shall reflect accurate estimated amounts for the required
2693	items in paragraph (c) at the time of the filing of the offering
2694	circular with the division, and subsequent increased amounts of
2695	any item included in the association's estimated budget that are
2696	beyond the control of the developer shall not be considered an
2697	amendment that would give rise to rescission rights set forth in
2698	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
2699	or otherwise affect any guarantee of the developer contained in
2700	the offering circular or any purchase contract. It is the intent
2701	of this paragraph to clarify existing law.
2702	(f)  The estimated amounts shall be stated for a period of
2703	at least 12 months and may distinguish between the period prior
2704	to the time unit owners other than the developer elect a
2705	majority of the board of administration and the period after
2706	that date.
2707	(22)  A schedule of estimated closing expenses to be paid
2708	by a buyer or lessee of a unit and a statement of whether title
2709	opinion or title insurance policy is available to the buyer and,
2710	if so, at whose expense.
2711	(23)  The identity of the developer and the chief operating
2712	officer or principal directing the creation and sale of the
2713	condominium and a statement of its and his or her experience in
2714	this field.
2715	(24)  Copies of the following, to the extent they are
2716	applicable, shall be included as exhibits:
2717	(a)  The declaration of condominium, or the proposed
2718	declaration if the declaration has not been recorded.
2719	(b)  The articles of incorporation creating the
2720	association.
2721	(c)  The bylaws of the association.
2722	(d)  The ground lease or other underlying lease of the
2723	condominium.
2724	(e)  The management agreement and all maintenance and other
2725	contracts for management of the association and operation of the
2726	condominium and facilities used by the unit owners having a
2727	service term in excess of 1 year.
2728	(f)  The estimated operating budget for the condominium and
2729	the required schedule of unit owners' expenses.
2730	(g)  A copy of the floor plan of the unit and the plot plan
2731	showing the location of the residential buildings and the
2732	recreation and other common areas.
2733	(h)  The lease of recreational and other facilities that
2734	will be used only by unit owners of the subject condominium.
2735	(i)  The lease of facilities used by owners and others.
2736	(j)  The form of unit lease, if the offer is of a
2737	leasehold.
2738	(k)  A declaration of servitude of properties serving the
2739	condominium but not owned by unit owners or leased to them or
2740	the association.
2741	(l)  The statement of condition of the existing building or
2742	buildings, if the offering is of units in an operation being
2743	converted to condominium ownership.
2744	(m)  The statement of inspection for termite damage and
2745	treatment of the existing improvements, if the condominium is a
2746	conversion.
2747	(n)  The form of agreement for sale or lease of units.
2748	(o)  A copy of the agreement for escrow of payments made to
2749	the developer prior to closing.
2750	(p)  A copy of the documents containing any restrictions on
2751	use of the property required by subsection (17).
2752	(25)  Any prospectus or offering circular complying, prior
2753	to the effective date of this act, with the provisions of former
2754	ss. 711.69 and 711.802 may continue to be used without amendment
2755	or may be amended to comply with the provisions of this chapter.
2756	(26)  A brief narrative description of the location and
2757	effect of all existing and intended easements located or to be
2758	located on the condominium property other than those described
2759	in the declaration.
2760	(27)  If the developer is required by state or local
2761	authorities to obtain acceptance or approval of any dock or
2762	marina facilities intended to serve the condominium, a copy of
2763	any such acceptance or approval acquired by the time of filing
2764	with the division under s. 718.502(1) or a statement that such
2765	acceptance or approval has not been acquired or received.
2766	(28)  Evidence demonstrating that the developer has an
2767	ownership, leasehold, or contractual interest in the land upon
2768	which the condominium is to be developed.
2769	Section 50.  Section 718.508, Florida Statutes, is amended
2770	to read:
2771	718.508  Regulation by Division of Hotels and
2772	Restaurants.--In addition to the authority, regulation, or
2773	control exercised by the Division of Florida Land Sales,
2774	Condominiums, Timeshares, and Mobile Homes pursuant to this act
2775	with respect to condominiums, buildings included in a
2776	condominium property are shall be subject to the authority,
2777	regulation, or control of the Division of Hotels and Restaurants
2778	of the Department of Business and Professional Regulation, to
2779	the extent provided for in chapter 399.
2780	Section 51.  Section 718.509, Florida Statutes, is amended,
2781	and section 498.019, Florida Statutes, is transferred,
2782	renumbered as subsections (1) and (2) of that section, and
2783	amended to read:
2784	718.509  Division of Florida Land Sales, Condominiums,
2785	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
2786	the division and any amount paid for a fee or penalty under this
2787	chapter shall be deposited in the State Treasury to the credit
2788	of the Division of Florida Land Sales, Condominiums, and Mobile
2789	Homes Trust Fund created by s. 498.019.
2790	498.019  Division of Florida Land Sales, Condominiums, and
2791	Mobile Homes Trust Fund.--
2792	(1)  There is created within the State Treasury the
2793	Division of Florida Land Sales, Condominiums, Timeshares, and
2794	Mobile Homes Trust Fund to be used for the administration and
2795	operation of this chapter and chapters 718, 719, 721, and 723 by
2796	the division.
2797	(2)  All moneys collected by the division from fees, fines,
2798	or penalties or from costs awarded to the division by a court or
2799	administrative final order shall be paid into the Division of
2800	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
2801	Trust Fund. The Legislature shall appropriate funds from this
2802	trust fund sufficient to carry out the provisions of this
2803	chapter and the provisions of law with respect to each category
2804	of business covered by the this trust fund. The division shall
2805	maintain separate revenue accounts in the trust fund for each of
2806	the businesses regulated by the division. The division shall
2807	provide for the proportionate allocation among the accounts of
2808	expenses incurred by the division in the performance of its
2809	duties with respect to each of these businesses. As part of its
2810	normal budgetary process, the division shall prepare an annual
2811	report of revenue and allocated expenses related to the
2812	operation of each of these businesses which may be used to
2813	determine fees charged by the division. This subsection shall
2814	operate pursuant to the provisions of s. 215.20.
2815	Section 52.  Paragraph (a) of subsection (2) of section
2816	718.608, Florida Statutes, is amended to read:
2817	718.608  Notice of intended conversion; time of delivery;
2818	content.--
2819	(2)(a)  Each notice of intended conversion shall be dated
2820	and in writing. The notice shall contain the following
2821	statement, with the phrases of the following statement which
2822	appear in upper case printed in conspicuous type:
2823
2824	These apartments are being converted to condominium by
2825	(name of developer)  , the developer.
2826	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
2827	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
2828	AGREEMENT AS FOLLOWS:
2829	a.  If you have continuously been a resident of these
2830	apartments during the last 180 days and your rental agreement
2831	expires during the next 270 days, you may extend your rental
2832	agreement for up to 270 days after the date of this notice.
2833	b.  If you have not been a continuous resident of these
2834	apartments for the last 180 days and your rental agreement
2835	expires during the next 180 days, you may extend your rental
2836	agreement for up to 180 days after the date of this notice.
2837	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
2838	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
2839	DATE OF THIS NOTICE.
2840	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
2841	you may extend your rental agreement for up to 45 days after the
2842	date of this notice while you decide whether to extend your
2843	rental agreement as explained above. To do so, you must notify
2844	the developer in writing. You will then have the full 45 days to
2845	decide whether to extend your rental agreement as explained
2846	above.
2847	3.  During the extension of your rental agreement you will
2848	be charged the same rent that you are now paying.
2849	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
2850	OF THE RENTAL AGREEMENT AS FOLLOWS:
2851	a.  If your rental agreement began or was extended or
2852	renewed after May 1, 1980, and your rental agreement, including
2853	extensions and renewals, has an unexpired term of 180 days or
2854	less, you may cancel your rental agreement upon 30 days' written
2855	notice and move. Also, upon 30 days' written notice, you may
2856	cancel any extension of the rental agreement.
2857	b.  If your rental agreement was not begun or was not
2858	extended or renewed after May 1, 1980, you may not cancel the
2859	rental agreement without the consent of the developer. If your
2860	rental agreement, including extensions and renewals, has an
2861	unexpired term of 180 days or less, you may, however, upon 30
2862	days' written notice cancel any extension of the rental
2863	agreement.
2864	5.  All notices must be given in writing and sent by mail,
2865	return receipt requested, or delivered in person to the
2866	developer at this address:   (name and address of developer)  .
2867	6.  If you have continuously been a resident of these
2868	apartments during the last 180 days:
2869	a.  You have the right to purchase your apartment and will
2870	have 45 days to decide whether to purchase. If you do not buy
2871	the unit at that price and the unit is later offered at a lower
2872	price, you will have the opportunity to buy the unit at the
2873	lower price. However, in all events your right to purchase the
2874	unit ends when the rental agreement or any extension of the
2875	rental agreement ends or when you waive this right in writing.
2876	b.  Within 90 days you will be provided purchase
2877	information relating to your apartment, including the price of
2878	your unit and the condition of the building. If you do not
2879	receive this information within 90 days, your rental agreement
2880	and any extension will be extended 1 day for each day over 90
2881	days until you are given the purchase information. If you do not
2882	want this rental agreement extension, you must notify the
2883	developer in writing.
2884	7.  If you have any questions regarding this conversion or
2885	the Condominium Act, you may contact the developer or the state
2886	agency which regulates condominiums: The Division of Florida
2887	Land Sales, Condominiums, Timeshares, and Mobile Homes,
2888	(Tallahassee address and telephone number of division)  .
2889	Section 53.  Subsection (17) of section 719.103, Florida
2890	Statutes, is amended to read:
2891	719.103  Definitions.--As used in this chapter:
2892	(17)  "Division" means the Division of Florida Land Sales,
2893	Condominiums, Timeshares, and Mobile Homes of the Department of
2894	Business and Professional Regulation.
2895	Section 54.  Section 719.1255, Florida Statutes, is amended
2896	to read:
2897	719.1255  Alternative resolution of disputes.--The Division
2898	of Florida Land Sales, Condominiums, Timeshares, and Mobile
2899	Homes of the Department of Business and Professional Regulation
2900	shall provide for alternative dispute resolution in accordance
2901	with s. 718.1255.
2902	Section 55.  Section 719.501, Florida Statutes, is amended
2903	to read:
2904	719.501  Powers and duties of Division of Florida Land
2905	Sales, Condominiums, Timeshares, and Mobile Homes.--
2906	(1)  The Division of Florida Land Sales, Condominiums,
2907	Timeshares, and Mobile Homes of the Department of Business and
2908	Professional Regulation, referred to as the "division" in this
2909	part, in addition to other powers and duties prescribed by
2910	chapter 718 498, has the power to enforce and ensure compliance
2911	with the provisions of this chapter and adopted rules
2912	promulgated pursuant hereto relating to the development,
2913	construction, sale, lease, ownership, operation, and management
2914	of residential cooperative units. In performing its duties, the
2915	division shall have the following powers and duties:
2916	(a)  The division may make necessary public or private
2917	investigations within or outside this state to determine whether
2918	any person has violated this chapter or any rule or order
2919	hereunder, to aid in the enforcement of this chapter, or to aid
2920	in the adoption of rules or forms hereunder.
2921	(b)  The division may require or permit any person to file
2922	a statement in writing, under oath or otherwise, as the division
2923	determines, as to the facts and circumstances concerning a
2924	matter to be investigated.
2925	(c)  For the purpose of any investigation under this
2926	chapter, the division director or any officer or employee
2927	designated by the division director may administer oaths or
2928	affirmations, subpoena witnesses and compel their attendance,
2929	take evidence, and require the production of any matter which is
2930	relevant to the investigation, including the existence,
2931	description, nature, custody, condition, and location of any
2932	books, documents, or other tangible things and the identity and
2933	location of persons having knowledge of relevant facts or any
2934	other matter reasonably calculated to lead to the discovery of
2935	material evidence. Upon failure by a person to obey a subpoena
2936	or to answer questions propounded by the investigating officer
2937	and upon reasonable notice to all persons affected thereby, the
2938	division may apply to the circuit court for an order compelling
2939	compliance.
2940	(d)  Notwithstanding any remedies available to unit owners
2941	and associations, if the division has reasonable cause to
2942	believe that a violation of any provision of this chapter or
2943	related rule promulgated pursuant hereto has occurred, the
2944	division may institute enforcement proceedings in its own name
2945	against a developer, association, officer, or member of the
2946	board, or its assignees or agents, as follows:
2947	1.  The division may permit a person whose conduct or
2948	actions may be under investigation to waive formal proceedings
2949	and enter into a consent proceeding whereby orders, rules, or
2950	letters of censure or warning, whether formal or informal, may
2951	be entered against the person.
2952	2.  The division may issue an order requiring the
2953	developer, association, officer, or member of the board, or its
2954	assignees or agents, to cease and desist from the unlawful
2955	practice and take such affirmative action as in the judgment of
2956	the division will carry out the purposes of this chapter. Such
2957	affirmative action may include, but is not limited to, an order
2958	requiring a developer to pay moneys determined to be owed to a
2959	condominium association.
2960	3.  The division may bring an action in circuit court on
2961	behalf of a class of unit owners, lessees, or purchasers for
2962	declaratory relief, injunctive relief, or restitution.
2963	4.  The division may impose a civil penalty against a
2964	developer or association, or its assignees or agents, for any
2965	violation of this chapter or related a rule promulgated pursuant
2966	hereto. The division may impose a civil penalty individually
2967	against any officer or board member who willfully and knowingly
2968	violates a provision of this chapter, a rule adopted pursuant to
2969	this chapter, or a final order of the division. The term
2970	"willfully and knowingly" means that the division informed the
2971	officer or board member that his or her action or intended
2972	action violates this chapter, a rule adopted under this chapter,
2973	or a final order of the division, and that the officer or board
2974	member refused to comply with the requirements of this chapter,
2975	a rule adopted under this chapter, or a final order of the
2976	division. The division, prior to initiating formal agency action
2977	under chapter 120, shall afford the officer or board member an
2978	opportunity to voluntarily comply with this chapter, a rule
2979	adopted under this chapter, or a final order of the division. An
2980	officer or board member who complies within 10 days is not
2981	subject to a civil penalty. A penalty may be imposed on the
2982	basis of each day of continuing violation, but in no event shall
2983	the penalty for any offense exceed $5,000. By January 1, 1998,
2984	the division shall adopt, by rule, penalty guidelines applicable
2985	to possible violations or to categories of violations of this
2986	chapter or rules adopted by the division. The guidelines must
2987	specify a meaningful range of civil penalties for each such
2988	violation of the statute and rules and must be based upon the
2989	harm caused by the violation, the repetition of the violation,
2990	and upon such other factors deemed relevant by the division. For
2991	example, the division may consider whether the violations were
2992	committed by a developer or owner-controlled association, the
2993	size of the association, and other factors. The guidelines must
2994	designate the possible mitigating or aggravating circumstances
2995	that justify a departure from the range of penalties provided by
2996	the rules. It is the legislative intent that minor violations be
2997	distinguished from those which endanger the health, safety, or
2998	welfare of the cooperative residents or other persons and that
2999	such guidelines provide reasonable and meaningful notice to the
3000	public of likely penalties that may be imposed for proscribed
3001	conduct. This subsection does not limit the ability of the
3002	division to informally dispose of administrative actions or
3003	complaints by stipulation, agreed settlement, or consent order.
3004	All amounts collected shall be deposited with the Chief
3005	Financial Officer to the credit of the Division of Florida Land
3006	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund. If
3007	a developer fails to pay the civil penalty, the division shall
3008	thereupon issue an order directing that such developer cease and
3009	desist from further operation until such time as the civil
3010	penalty is paid or may pursue enforcement of the penalty in a
3011	court of competent jurisdiction. If an association fails to pay
3012	the civil penalty, the division shall thereupon pursue
3013	enforcement in a court of competent jurisdiction, and the order
3014	imposing the civil penalty or the cease and desist order shall
3015	not become effective until 20 days after the date of such order.
3016	Any action commenced by the division shall be brought in the
3017	county in which the division has its executive offices or in the
3018	county where the violation occurred.
3019	(e)  The division may is authorized to prepare and
3020	disseminate a prospectus and other information to assist
3021	prospective owners, purchasers, lessees, and developers of
3022	residential cooperatives in assessing the rights, privileges,
3023	and duties pertaining thereto.
3024	(f)  The division has authority to adopt rules pursuant to
3025	ss. 120.536(1) and 120.54 to implement and enforce the
3026	provisions of this chapter.
3027	(g)  The division shall establish procedures for providing
3028	notice to an association when the division is considering the
3029	issuance of a declaratory statement with respect to the
3030	cooperative documents governing such cooperative community.
3031	(h)  The division shall furnish each association which pays
3032	the fees required by paragraph (2)(a) a copy of this act,
3033	subsequent changes to this act on an annual basis, an amended
3034	version of this act as it becomes available from the Secretary
3035	of State's office on a biennial basis, and the rules adopted
3036	promulgated pursuant thereto on an annual basis.
3037	(i)  The division shall annually provide each association
3038	with a summary of declaratory statements and formal legal
3039	opinions relating to the operations of cooperatives which were
3040	rendered by the division during the previous year.
3041	(j)  The division shall adopt uniform accounting
3042	principles, policies, and standards to be used by all
3043	associations in the preparation and presentation of all
3044	financial statements required by this chapter. The principles,
3045	policies, and standards shall take into consideration the size
3046	of the association and the total revenue collected by the
3047	association.
3048	(k)  The division shall provide training programs for
3049	cooperative association board members and unit owners.
3050	(l)  The division shall maintain a toll-free telephone
3051	number accessible to cooperative unit owners.
3052	(m)  When a complaint is made to the division, the division
3053	shall conduct its inquiry with reasonable dispatch and with due
3054	regard to the interests of the affected parties. Within 30 days
3055	after receipt of a complaint, the division shall acknowledge the
3056	complaint in writing and notify the complainant whether the
3057	complaint is within the jurisdiction of the division and whether
3058	additional information is needed by the division from the
3059	complainant. The division shall conduct its investigation and
3060	shall, within 90 days after receipt of the original complaint or
3061	timely requested additional information, take action upon the
3062	complaint. However, the failure to complete the investigation
3063	within 90 days does not prevent the division from continuing the
3064	investigation, accepting or considering evidence obtained or
3065	received after 90 days, or taking administrative action if
3066	reasonable cause exists to believe that a violation of this
3067	chapter or a rule of the division has occurred. If an
3068	investigation is not completed within the time limits
3069	established in this paragraph, the division shall, on a monthly
3070	basis, notify the complainant in writing of the status of the
3071	investigation. When reporting its action to the complainant, the
3072	division shall inform the complainant of any right to a hearing
3073	pursuant to ss. 120.569 and 120.57.
3074	(n)  The division shall develop a program to certify both
3075	volunteer and paid mediators to provide mediation of cooperative
3076	disputes. The division shall provide, upon request, a list of
3077	such mediators to any association, unit owner, or other
3078	participant in arbitration proceedings under s. 718.1255
3079	requesting a copy of the list. The division shall include on the
3080	list of voluntary mediators only persons who have received at
3081	least 20 hours of training in mediation techniques or have
3082	mediated at least 20 disputes. In order to become initially
3083	certified by the division, paid mediators must be certified by
3084	the Supreme Court to mediate court cases in either county or
3085	circuit courts. However, the division may adopt, by rule,
3086	additional factors for the certification of paid mediators,
3087	which factors must be related to experience, education, or
3088	background. Any person initially certified as a paid mediator by
3089	the division must, in order to continue to be certified, comply
3090	with the factors or requirements imposed by rules adopted by the
3091	division.
3092	(2)(a)  Each cooperative association shall pay to the
3093	division, on or before January 1 of each year, an annual fee in
3094	the amount of $4 for each residential unit in cooperatives
3095	operated by the association. If the fee is not paid by March 1,
3096	then the association shall be assessed a penalty of 10 percent
3097	of the amount due, and the association shall not have the
3098	standing to maintain or defend any action in the courts of this
3099	state until the amount due is paid.
3100	(b)  All fees shall be deposited in the Division of Florida
3101	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3102	Fund as provided by law.
3103	Section 56.  Paragraph (a) of subsection (2) of section
3104	719.502, Florida Statutes, is amended to read:
3105	719.502  Filing prior to sale or lease.--
3106	(2)(a)  Prior to filing as required by subsection (1), and
3107	prior to acquiring an ownership, leasehold, or contractual
3108	interest in the land upon which the cooperative is to be
3109	developed, a developer shall not offer a contract for purchase
3110	or lease of a unit for more than 5 years. However, the developer
3111	may accept deposits for reservations upon the approval of a
3112	fully executed escrow agreement and reservation agreement form
3113	properly filed with the Division of Florida Land Sales,
3114	Condominiums, Timeshares, and Mobile Homes. Each filing of a
3115	proposed reservation program shall be accompanied by a filing
3116	fee of $250. Reservations shall not be taken on a proposed
3117	cooperative unless the developer has an ownership, leasehold, or
3118	contractual interest in the land upon which the cooperative is
3119	to be developed. The division shall notify the developer within
3120	20 days of receipt of the reservation filing of any deficiencies
3121	contained therein. Such notification shall not preclude the
3122	determination of reservation filing deficiencies at a later
3123	date, nor shall it relieve the developer of any responsibility
3124	under the law. The escrow agreement and the reservation
3125	agreement form shall include a statement of the right of the
3126	prospective purchaser to an immediate unqualified refund of the
3127	reservation deposit moneys upon written request to the escrow
3128	agent by the prospective purchaser or the developer.
3129	Section 57.  Section 719.504, Florida Statutes, is amended
3130	to read:
3131	719.504  Prospectus or offering circular.--Every developer
3132	of a residential cooperative which contains more than 20
3133	residential units, or which is part of a group of residential
3134	cooperatives which will be served by property to be used in
3135	common by unit owners of more than 20 residential units, shall
3136	prepare a prospectus or offering circular and file it with the
3137	Division of Florida Land Sales, Condominiums, Timeshares, and
3138	Mobile Homes prior to entering into an enforceable contract of
3139	purchase and sale of any unit or lease of a unit for more than 5
3140	years and shall furnish a copy of the prospectus or offering
3141	circular to each buyer. In addition to the prospectus or
3142	offering circular, each buyer shall be furnished a separate page
3143	entitled "Frequently Asked Questions and Answers," which must be
3144	in accordance with a format approved by the division. This page
3145	must, in readable language: inform prospective purchasers
3146	regarding their voting rights and unit use restrictions,
3147	including restrictions on the leasing of a unit; indicate
3148	whether and in what amount the unit owners or the association is
3149	obligated to pay rent or land use fees for recreational or other
3150	commonly used facilities; contain a statement identifying that
3151	amount of assessment which, pursuant to the budget, would be
3152	levied upon each unit type, exclusive of any special
3153	assessments, and which identifies the basis upon which
3154	assessments are levied, whether monthly, quarterly, or
3155	otherwise; state and identify any court cases in which the
3156	association is currently a party of record in which the
3157	association may face liability in excess of $100,000; and state
3158	whether membership in a recreational facilities association is
3159	mandatory and, if so, identify the fees currently charged per
3160	unit type. The division shall by rule require such other
3161	disclosure as in its judgment will assist prospective
3162	purchasers. The prospectus or offering circular may include more
3163	than one cooperative, although not all such units are being
3164	offered for sale as of the date of the prospectus or offering
3165	circular. The prospectus or offering circular must contain the
3166	following information:
3167	(1)  The front cover or the first page must contain only:
3168	(a)  The name of the cooperative.
3169	(b)  The following statements in conspicuous type:
3170	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
3171	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
3172	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
3173	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
3174	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
3175	MATERIALS.
3176	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
3177	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
3178	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
3179	REPRESENTATIONS.
3180	(2)  Summary: The next page must contain all statements
3181	required to be in conspicuous type in the prospectus or offering
3182	circular.
3183	(3)  A separate index of the contents and exhibits of the
3184	prospectus.
3185	(4)  Beginning on the first page of the text (not including
3186	the summary and index), a description of the cooperative,
3187	including, but not limited to, the following information:
3188	(a)  Its name and location.
3189	(b)  A description of the cooperative property, including,
3190	without limitation:
3191	1.  The number of buildings, the number of units in each
3192	building, the number of bathrooms and bedrooms in each unit, and
3193	the total number of units, if the cooperative is not a phase
3194	cooperative; or, if the cooperative is a phase cooperative, the
3195	maximum number of buildings that may be contained within the
3196	cooperative, the minimum and maximum number of units in each
3197	building, the minimum and maximum number of bathrooms and
3198	bedrooms that may be contained in each unit, and the maximum
3199	number of units that may be contained within the cooperative.
3200	2.  The page in the cooperative documents where a copy of
3201	the survey and plot plan of the cooperative is located.
3202	3.  The estimated latest date of completion of
3203	constructing, finishing, and equipping. In lieu of a date, a
3204	statement that the estimated date of completion of the
3205	cooperative is in the purchase agreement and a reference to the
3206	article or paragraph containing that information.
3207	(c)  The maximum number of units that will use facilities
3208	in common with the cooperative. If the maximum number of units
3209	will vary, a description of the basis for variation and the
3210	minimum amount of dollars per unit to be spent for additional
3211	recreational facilities or enlargement of such facilities. If
3212	the addition or enlargement of facilities will result in a
3213	material increase of a unit owner's maintenance expense or
3214	rental expense, if any, the maximum increase and limitations
3215	thereon shall be stated.
3216	(5)(a)  A statement in conspicuous type describing whether
3217	the cooperative is created and being sold as fee simple
3218	interests or as leasehold interests. If the cooperative is
3219	created or being sold on a leasehold, the location of the lease
3220	in the disclosure materials shall be stated.
3221	(b)  If timeshare estates are or may be created with
3222	respect to any unit in the cooperative, a statement in
3223	conspicuous type stating that timeshare estates are created and
3224	being sold in such specified units in the cooperative.
3225	(6)  A description of the recreational and other common
3226	areas that will be used only by unit owners of the cooperative,
3227	including, but not limited to, the following:
3228	(a)  Each room and its intended purposes, location,
3229	approximate floor area, and capacity in numbers of people.
3230	(b)  Each swimming pool, as to its general location,
3231	approximate size and depths, approximate deck size and capacity,
3232	and whether heated.
3233	(c)  Additional facilities, as to the number of each
3234	facility, its approximate location, approximate size, and
3235	approximate capacity.
3236	(d)  A general description of the items of personal
3237	property and the approximate number of each item of personal
3238	property that the developer is committing to furnish for each
3239	room or other facility or, in the alternative, a representation
3240	as to the minimum amount of expenditure that will be made to
3241	purchase the personal property for the facility.
3242	(e)  The estimated date when each room or other facility
3243	will be available for use by the unit owners.
3244	(f)1.  An identification of each room or other facility to
3245	be used by unit owners that will not be owned by the unit owners
3246	or the association;
3247	2.  A reference to the location in the disclosure materials
3248	of the lease or other agreements providing for the use of those
3249	facilities; and
3250	3.  A description of the terms of the lease or other
3251	agreements, including the length of the term; the rent payable,
3252	directly or indirectly, by each unit owner, and the total rent
3253	payable to the lessor, stated in monthly and annual amounts for
3254	the entire term of the lease; and a description of any option to
3255	purchase the property leased under any such lease, including the
3256	time the option may be exercised, the purchase price or how it
3257	is to be determined, the manner of payment, and whether the
3258	option may be exercised for a unit owner's share or only as to
3259	the entire leased property.
3260	(g)  A statement as to whether the developer may provide
3261	additional facilities not described above, their general
3262	locations and types, improvements or changes that may be made,
3263	the approximate dollar amount to be expended, and the maximum
3264	additional common expense or cost to the individual unit owners
3265	that may be charged during the first annual period of operation
3266	of the modified or added facilities.
3267
3268	Descriptions as to locations, areas, capacities, numbers,
3269	volumes, or sizes may be stated as approximations or minimums.
3270	(7)  A description of the recreational and other facilities
3271	that will be used in common with other cooperatives, community
3272	associations, or planned developments which require the payment
3273	of the maintenance and expenses of such facilities, either
3274	directly or indirectly, by the unit owners. The description
3275	shall include, but not be limited to, the following:
3276	(a)  Each building and facility committed to be built.
3277	(b)  Facilities not committed to be built except under
3278	certain conditions, and a statement of those conditions or
3279	contingencies.
3280	(c)  As to each facility committed to be built, or which
3281	will be committed to be built upon the happening of one of the
3282	conditions in paragraph (b), a statement of whether it will be
3283	owned by the unit owners having the use thereof or by an
3284	association or other entity which will be controlled by them, or
3285	others, and the location in the exhibits of the lease or other
3286	document providing for use of those facilities.
3287	(d)  The year in which each facility will be available for
3288	use by the unit owners or, in the alternative, the maximum
3289	number of unit owners in the project at the time each of all of
3290	the facilities is committed to be completed.
3291	(e)  A general description of the items of personal
3292	property, and the approximate number of each item of personal
3293	property, that the developer is committing to furnish for each
3294	room or other facility or, in the alternative, a representation
3295	as to the minimum amount of expenditure that will be made to
3296	purchase the personal property for the facility.
3297	(f)  If there are leases, a description thereof, including
3298	the length of the term, the rent payable, and a description of
3299	any option to purchase.
3300
3301	Descriptions shall include location, areas, capacities, numbers,
3302	volumes, or sizes and may be stated as approximations or
3303	minimums.
3304	(8)  Recreation lease or associated club membership:
3305	(a)  If any recreational facilities or other common areas
3306	offered by the developer and available to, or to be used by,
3307	unit owners are to be leased or have club membership associated,
3308	the following statement in conspicuous type shall be included:
3309	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
3310	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
3311	COOPERATIVE. There shall be a reference to the location in the
3312	disclosure materials where the recreation lease or club
3313	membership is described in detail.
3314	(b)  If it is mandatory that unit owners pay a fee, rent,
3315	dues, or other charges under a recreational facilities lease or
3316	club membership for the use of facilities, there shall be in
3317	conspicuous type the applicable statement:
3318	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
3319	MANDATORY FOR UNIT OWNERS; or
3320	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
3321	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
3322	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
3323	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
3324	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
3325	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
3326	4.  A similar statement of the nature of the organization
3327	or manner in which the use rights are created, and that unit
3328	owners are required to pay.
3329
3330	Immediately following the applicable statement, the location in
3331	the disclosure materials where the development is described in
3332	detail shall be stated.
3333	(c)  If the developer, or any other person other than the
3334	unit owners and other persons having use rights in the
3335	facilities, reserves, or is entitled to receive, any rent, fee,
3336	or other payment for the use of the facilities, then there shall
3337	be the following statement in conspicuous type: THE UNIT OWNERS
3338	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
3339	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
3340	statement, the location in the disclosure materials where the
3341	rent or land use fees are described in detail shall be stated.
3342	(d)  If, in any recreation format, whether leasehold, club,
3343	or other, any person other than the association has the right to
3344	a lien on the units to secure the payment of assessments, rent,
3345	or other exactions, there shall appear a statement in
3346	conspicuous type in substantially the following form:
3347	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3348	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
3349	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
3350	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
3351	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
3352	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
3353	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
3354	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
3355	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
3356
3357	Immediately following the applicable statement, the location in
3358	the disclosure materials where the lien or lien right is
3359	described in detail shall be stated.
3360	(9)  If the developer or any other person has the right to
3361	increase or add to the recreational facilities at any time after
3362	the establishment of the cooperative whose unit owners have use
3363	rights therein, without the consent of the unit owners or
3364	associations being required, there shall appear a statement in
3365	conspicuous type in substantially the following form:
3366	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
3367	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
3368	statement, the location in the disclosure materials where such
3369	reserved rights are described shall be stated.
3370	(10)  A statement of whether the developer's plan includes
3371	a program of leasing units rather than selling them, or leasing
3372	units and selling them subject to such leases. If so, there
3373	shall be a description of the plan, including the number and
3374	identification of the units and the provisions and term of the
3375	proposed leases, and a statement in boldfaced type that: THE
3376	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
3377	(11)  The arrangements for management of the association
3378	and maintenance and operation of the cooperative property and of
3379	other property that will serve the unit owners of the
3380	cooperative property, and a description of the management
3381	contract and all other contracts for these purposes having a
3382	term in excess of 1 year, including the following:
3383	(a)  The names of contracting parties.
3384	(b)  The term of the contract.
3385	(c)  The nature of the services included.
3386	(d)  The compensation, stated on a monthly and annual
3387	basis, and provisions for increases in the compensation.
3388	(e)  A reference to the volumes and pages of the
3389	cooperative documents and of the exhibits containing copies of
3390	such contracts.
3391
3392	Copies of all described contracts shall be attached as exhibits.
3393	If there is a contract for the management of the cooperative
3394	property, then a statement in conspicuous type in substantially
3395	the following form shall appear, identifying the proposed or
3396	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
3397	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
3398	CONTRACT MANAGER). Immediately following this statement, the
3399	location in the disclosure materials of the contract for
3400	management of the cooperative property shall be stated.
3401	(12)  If the developer or any other person or persons other
3402	than the unit owners has the right to retain control of the
3403	board of administration of the association for a period of time
3404	which can exceed 1 year after the closing of the sale of a
3405	majority of the units in that cooperative to persons other than
3406	successors or alternate developers, then a statement in
3407	conspicuous type in substantially the following form shall be
3408	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
3409	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
3410	HAVE BEEN SOLD. Immediately following this statement, the
3411	location in the disclosure materials where this right to control
3412	is described in detail shall be stated.
3413	(13)  If there are any restrictions upon the sale,
3414	transfer, conveyance, or leasing of a unit, then a statement in
3415	conspicuous type in substantially the following form shall be
3416	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
3417	CONTROLLED. Immediately following this statement, the location
3418	in the disclosure materials where the restriction, limitation,
3419	or control on the sale, lease, or transfer of units is described
3420	in detail shall be stated.
3421	(14)  If the cooperative is part of a phase project, the
3422	following shall be stated:
3423	(a)  A statement in conspicuous type in substantially the
3424	following form shall be included: THIS IS A PHASE COOPERATIVE.
3425	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
3426	Immediately following this statement, the location in the
3427	disclosure materials where the phasing is described shall be
3428	stated.
3429	(b)  A summary of the provisions of the declaration
3430	providing for the phasing.
3431	(c)  A statement as to whether or not residential buildings
3432	and units which are added to the cooperative may be
3433	substantially different from the residential buildings and units
3434	originally in the cooperative, and, if the added residential
3435	buildings and units may be substantially different, there shall
3436	be a general description of the extent to which such added
3437	residential buildings and units may differ, and a statement in
3438	conspicuous type in substantially the following form shall be
3439	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
3440	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
3441	UNITS IN THE COOPERATIVE. Immediately following this statement,
3442	the location in the disclosure materials where the extent to
3443	which added residential buildings and units may substantially
3444	differ is described shall be stated.
3445	(d)  A statement of the maximum number of buildings
3446	containing units, the maximum and minimum number of units in
3447	each building, the maximum number of units, and the minimum and
3448	maximum square footage of the units that may be contained within
3449	each parcel of land which may be added to the cooperative.
3450	(15)  If the cooperative is created by conversion of
3451	existing improvements, the following information shall be
3452	stated:
3453	(a)  The information required by s. 719.616.
3454	(b)  A caveat that there are no express warranties unless
3455	they are stated in writing by the developer.
3456	(16)  A summary of the restrictions, if any, to be imposed
3457	on units concerning the use of any of the cooperative property,
3458	including statements as to whether there are restrictions upon
3459	children and pets, and reference to the volumes and pages of the
3460	cooperative documents where such restrictions are found, or if
3461	such restrictions are contained elsewhere, then a copy of the
3462	documents containing the restrictions shall be attached as an
3463	exhibit.
3464	(17)  If there is any land that is offered by the developer
3465	for use by the unit owners and that is neither owned by them nor
3466	leased to them, the association, or any entity controlled by
3467	unit owners and other persons having the use rights to such
3468	land, a statement shall be made as to how such land will serve
3469	the cooperative. If any part of such land will serve the
3470	cooperative, the statement shall describe the land and the
3471	nature and term of service, and the cooperative documents or
3472	other instrument creating such servitude shall be included as an
3473	exhibit.
3474	(18)  The manner in which utility and other services,
3475	including, but not limited to, sewage and waste disposal, water
3476	supply, and storm drainage, will be provided and the person or
3477	entity furnishing them.
3478	(19)  An explanation of the manner in which the
3479	apportionment of common expenses and ownership of the common
3480	areas have been determined.
3481	(20)  An estimated operating budget for the cooperative and
3482	the association, and a schedule of the unit owner's expenses
3483	shall be attached as an exhibit and shall contain the following
3484	information:
3485	(a)  The estimated monthly and annual expenses of the
3486	cooperative and the association that are collected from unit
3487	owners by assessments.
3488	(b)  The estimated monthly and annual expenses of each unit
3489	owner for a unit, other than assessments payable to the
3490	association, payable by the unit owner to persons or entities
3491	other than the association, and the total estimated monthly and
3492	annual expense. There may be excluded from this estimate
3493	expenses that are personal to unit owners, which are not
3494	uniformly incurred by all unit owners, or which are not provided
3495	for or contemplated by the cooperative documents, including, but
3496	not limited to, the costs of private telephone; maintenance of
3497	the interior of cooperative units, which is not the obligation
3498	of the association; maid or janitorial services privately
3499	contracted for by the unit owners; utility bills billed directly
3500	to each unit owner for utility services to his or her unit;
3501	insurance premiums other than those incurred for policies
3502	obtained by the cooperative; and similar personal expenses of
3503	the unit owner. A unit owner's estimated payments for
3504	assessments shall also be stated in the estimated amounts for
3505	the times when they will be due.
3506	(c)  The estimated items of expenses of the cooperative and
3507	the association, except as excluded under paragraph (b),
3508	including, but not limited to, the following items, which shall
3509	be stated either as an association expense collectible by
3510	assessments or as unit owners' expenses payable to persons other
3511	than the association:
3512	1.  Expenses for the association and cooperative:
3513	a.  Administration of the association.
3514	b.  Management fees.
3515	c.  Maintenance.
3516	d.  Rent for recreational and other commonly used areas.
3517	e.  Taxes upon association property.
3518	f.  Taxes upon leased areas.
3519	g.  Insurance.
3520	h.  Security provisions.
3521	i.  Other expenses.
3522	j.  Operating capital.
3523	k.  Reserves.
3524	l.  Fee payable to the division.
3525	2.  Expenses for a unit owner:
3526	a.  Rent for the unit, if subject to a lease.
3527	b.  Rent payable by the unit owner directly to the lessor
3528	or agent under any recreational lease or lease for the use of
3529	commonly used areas, which use and payment are a mandatory
3530	condition of ownership and are not included in the common
3531	expense or assessments for common maintenance paid by the unit
3532	owners to the association.
3533	(d)  The following statement in conspicuous type: THE
3534	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
3535	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
3536	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
3537	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
3538	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
3539	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
3540	THE OFFERING.
3541	(e)  Each budget for an association prepared by a developer
3542	consistent with this subsection shall be prepared in good faith
3543	and shall reflect accurate estimated amounts for the required
3544	items in paragraph (c) at the time of the filing of the offering
3545	circular with the division, and subsequent increased amounts of
3546	any item included in the association's estimated budget that are
3547	beyond the control of the developer shall not be considered an
3548	amendment that would give rise to rescission rights set forth in
3549	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
3550	or otherwise affect any guarantee of the developer contained in
3551	the offering circular or any purchase contract. It is the intent
3552	of this paragraph to clarify existing law.
3553	(f)  The estimated amounts shall be stated for a period of
3554	at least 12 months and may distinguish between the period prior
3555	to the time unit owners other than the developer elect a
3556	majority of the board of administration and the period after
3557	that date.
3558	(21)  A schedule of estimated closing expenses to be paid
3559	by a buyer or lessee of a unit and a statement of whether title
3560	opinion or title insurance policy is available to the buyer and,
3561	if so, at whose expense.
3562	(22)  The identity of the developer and the chief operating
3563	officer or principal directing the creation and sale of the
3564	cooperative and a statement of its and his or her experience in
3565	this field.
3566	(23)  Copies of the following, to the extent they are
3567	applicable, shall be included as exhibits:
3568	(a)  The cooperative documents, or the proposed cooperative
3569	documents if the documents have not been recorded.
3570	(b)  The articles of incorporation creating the
3571	association.
3572	(c)  The bylaws of the association.
3573	(d)  The ground lease or other underlying lease of the
3574	cooperative.
3575	(e)  The management agreement and all maintenance and other
3576	contracts for management of the association and operation of the
3577	cooperative and facilities used by the unit owners having a
3578	service term in excess of 1 year.
3579	(f)  The estimated operating budget for the cooperative and
3580	the required schedule of unit owners' expenses.
3581	(g)  A copy of the floor plan of the unit and the plot plan
3582	showing the location of the residential buildings and the
3583	recreation and other common areas.
3584	(h)  The lease of recreational and other facilities that
3585	will be used only by unit owners of the subject cooperative.
3586	(i)  The lease of facilities used by owners and others.
3587	(j)  The form of unit lease, if the offer is of a
3588	leasehold.
3589	(k)  A declaration of servitude of properties serving the
3590	cooperative but not owned by unit owners or leased to them or
3591	the association.
3592	(l)  The statement of condition of the existing building or
3593	buildings, if the offering is of units in an operation being
3594	converted to cooperative ownership.
3595	(m)  The statement of inspection for termite damage and
3596	treatment of the existing improvements, if the cooperative is a
3597	conversion.
3598	(n)  The form of agreement for sale or lease of units.
3599	(o)  A copy of the agreement for escrow of payments made to
3600	the developer prior to closing.
3601	(p)  A copy of the documents containing any restrictions on
3602	use of the property required by subsection (16).
3603	(24)  Any prospectus or offering circular complying with
3604	the provisions of former ss. 711.69 and 711.802 may continue to
3605	be used without amendment, or may be amended to comply with the
3606	provisions of this chapter.
3607	(25)  A brief narrative description of the location and
3608	effect of all existing and intended easements located or to be
3609	located on the cooperative property other than those in the
3610	declaration.
3611	(26)  If the developer is required by state or local
3612	authorities to obtain acceptance or approval of any dock or
3613	marina facility intended to serve the cooperative, a copy of
3614	such acceptance or approval acquired by the time of filing with
3615	the division pursuant to s. 719.502 or a statement that such
3616	acceptance has not been acquired or received.
3617	(27)  Evidence demonstrating that the developer has an
3618	ownership, leasehold, or contractual interest in the land upon
3619	which the cooperative is to be developed.
3620	Section 58.  Section 719.508, Florida Statutes, is amended
3621	to read:
3622	719.508  Regulation by Division of Hotels and
3623	Restaurants.--In addition to the authority, regulation, or
3624	control exercised by the Division of Florida Land Sales,
3625	Condominiums, Timeshares, and Mobile Homes pursuant to this act
3626	with respect to cooperatives, buildings included in a
3627	cooperative property shall be subject to the authority,
3628	regulation, or control of the Division of Hotels and Restaurants
3629	of the Department of Business and Professional Regulation, to
3630	the extent provided for in chapters 399 and 509.
3631	Section 59.  Paragraph (a) of subsection (2) of section
3632	719.608, Florida Statutes, is amended to read:
3633	719.608  Notice of intended conversion; time of delivery;
3634	content.--
3635	(2)(a)  Each notice of intended conversion shall be dated
3636	and in writing. The notice shall contain the following
3637	statement, with the phrases of the following statement which
3638	appear in upper case printed in conspicuous type:
3639
3640	These apartments are being converted to cooperative by
3641	(name of developer)  , the developer.
3642	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
3643	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
3644	AGREEMENT AS FOLLOWS:
3645	a.  If you have continuously been a resident of these
3646	apartments during the last 180 days and your rental agreement
3647	expires during the next 270 days, you may extend your rental
3648	agreement for up to 270 days after the date of this notice.
3649	b.  If you have not been a continuous resident of these
3650	apartments for the last 180 days and your rental agreement
3651	expires during the next 180 days, you may extend your rental
3652	agreement for up to 180 days after the date of this notice.
3653	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
3654	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
3655	DATE OF THIS NOTICE.
3656	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
3657	you may extend your rental agreement for up to 45 days after the
3658	date of this notice while you decide whether to extend your
3659	rental agreement as explained above. To do so, you must notify
3660	the developer in writing. You will then have the full 45 days to
3661	decide whether to extend your rental agreement as explained
3662	above.
3663	3.  During the extension of your rental agreement you will
3664	be charged the same rent that you are now paying.
3665	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
3666	OF THE RENTAL AGREEMENT AS FOLLOWS:
3667	a.  If your rental agreement began or was extended or
3668	renewed after May 1, 1980, and your rental agreement, including
3669	extensions and renewals, has an unexpired term of 180 days or
3670	less, you may cancel your rental agreement upon 30 days' written
3671	notice and move. Also, upon 30 days' written notice, you may
3672	cancel any extension of the rental agreement.
3673	b.  If your rental agreement was not begun or was not
3674	extended or renewed after May 1, 1980, you may not cancel the
3675	rental agreement without the consent of the developer. If your
3676	rental agreement, including extensions and renewals, has an
3677	unexpired term of 180 days or less, you may, however, upon 30
3678	days' written notice cancel any extension of the rental
3679	agreement.
3680	5.  All notices must be given in writing and sent by mail,
3681	return receipt requested, or delivered in person to the
3682	developer at this address:   (name and address of developer)  .
3683	6.  If you have continuously been a resident of these
3684	apartments during the last 180 days:
3685	a.  You have the right to purchase your apartment and will
3686	have 45 days to decide whether to purchase. If you do not buy
3687	the unit at that price and the unit is later offered at a lower
3688	price, you will have the opportunity to buy the unit at the
3689	lower price. However, in all events your right to purchase the
3690	unit ends when the rental agreement or any extension of the
3691	rental agreement ends or when you waive this right in writing.
3692	b.  Within 90 days you will be provided purchase
3693	information relating to your apartment, including the price of
3694	your unit and the condition of the building. If you do not
3695	receive this information within 90 days, your rental agreement
3696	and any extension will be extended 1 day for each day over 90
3697	days until you are given the purchase information. If you do not
3698	want this rental agreement extension, you must notify the
3699	developer in writing.
3700	7.  If you have any questions regarding this conversion or
3701	the Cooperative Act, you may contact the developer or the state
3702	agency which regulates cooperatives: The Division of Florida
3703	Land Sales, Condominiums, Timeshares, and Mobile Homes,
3704	(Tallahassee address and telephone number of division)  .
3705	Section 60.  Subsection (7) of section 720.301, Florida
3706	Statutes, is amended to read:
3707	720.301  Definitions.--As used in this chapter, the term:
3708	(7)  "Division" means the Division of Florida Land Sales,
3709	Condominiums, Timeshares, and Mobile Homes in the Department of
3710	Business and Professional Regulation.
3711	Section 61.  Subsection (2) of section 720.401, Florida
3712	Statutes, is amended to read:
3713	720.401  Prospective purchasers subject to association
3714	membership requirement; disclosure required; covenants;
3715	assessments; contract cancellation.--
3716	(2)  This section does not apply to any association
3717	regulated under chapter 718, chapter 719, chapter 721, or
3718	chapter 723 or to a subdivider registered under chapter 498; and
3719	also does not apply if disclosure regarding the association is
3720	otherwise made in connection with the requirements of chapter
3721	718, chapter 719, chapter 721, or chapter 723.
3722	Section 62.  Paragraph (c) of subsection (1) of section
3723	721.03, Florida Statutes, is amended to read:
3724	721.03  Scope of chapter.--
3725	(1)  This chapter applies to all timeshare plans consisting
3726	of more than seven timeshare periods over a period of at least 3
3727	years in which the accommodations and facilities, if any, are
3728	located within this state or offered within this state; provided
3729	that:
3730	(c)  All timeshare accommodations or facilities which are
3731	located outside the state but offered for sale in this state
3732	shall be governed by the following:
3733	1.  The offering for sale in this state of timeshare
3734	accommodations and facilities located outside the state is
3735	subject only to the provisions of ss. 721.01-721.12, 721.18,
3736	721.20, 721.21, 721.26, 721.28, and part II.
3737	2.  The division shall not require a developer of timeshare
3738	accommodations or facilities located outside of this state to
3739	make changes in any timeshare instrument to conform to the
3740	provisions of s. 721.07 or s. 721.55. The division shall have
3741	the power to require disclosure of those provisions of the
3742	timeshare instrument that do not conform to s. 721.07 or s.
3743	721.55 as the director determines is necessary to fairly,
3744	meaningfully, and effectively disclose all aspects of the
3745	timeshare plan.
3746	3.  Except as provided in this subparagraph, the division
3747	shall have no authority to determine whether any person has
3748	complied with another state's laws or to disapprove any filing
3749	out-of-state, timeshare instrument, or component site document,
3750	based solely upon the lack or degree of timeshare regulation in
3751	another state. The division may require a developer to obtain
3752	and provide to the division existing documentation relating to
3753	an out-of-state filing, timeshare instrument, or component site
3754	document and prove compliance of same with the laws of that
3755	state. In this regard, the division may accept any evidence of
3756	the approval or acceptance of any out-of-state filing, timeshare
3757	instrument, or component site document by another state in lieu
3758	of requiring a developer to file the out-of-state filing,
3759	timeshare instrument, or component site document with the
3760	division pursuant to this section, or the division may accept an
3761	opinion letter from an attorney or law firm opining as to the
3762	compliance of such out-of-state filing, timeshare instrument, or
3763	component site document with the laws of another state. The
3764	division may refuse to approve the inclusion of any out-of-state
3765	filing, timeshare instrument, or component site document as part
3766	of a public offering statement based upon the inability of the
3767	developer to establish the compliance of same with the laws of
3768	another state.
3769	4.  The division is authorized to enter into an agreement
3770	with another state for the purpose of facilitating the
3771	processing of out-of-state timeshare instruments or other
3772	component site documents pursuant to this chapter and for the
3773	purpose of facilitating the referral of consumer complaints to
3774	the appropriate state.
3775	5.  Notwithstanding any other provision of this paragraph,
3776	the offer, in this state, of an additional interest to existing
3777	purchasers in the same timeshare plan, the same nonspecific
3778	multisite timeshare plan, or the same component site of a
3779	multisite timeshare plan with accommodations and facilities
3780	located outside of this state shall not be subject to the
3781	provisions of this chapter if the offer complies with the
3782	provisions of s. 721.11(4).
3783	Section 63.  Subsection (11) of section 721.05, Florida
3784	Statutes, is amended to read:
3785	721.05  Definitions.--As used in this chapter, the term:
3786	(11)  "Division" means the Division of Florida Land Sales,
3787	Condominiums, Timeshares, and Mobile Homes of the Department of
3788	Business and Professional Regulation.
3789	Section 64.  Paragraph (d) of subsection (2) of section
3790	721.07, Florida Statutes, is amended to read:
3791	721.07  Public offering statement.--Prior to offering any
3792	timeshare plan, the developer must submit a filed public
3793	offering statement to the division for approval as prescribed by
3794	s. 721.03, s. 721.55, or this section. Until the division
3795	approves such filing, any contract regarding the sale of that
3796	timeshare plan is subject to cancellation by the purchaser
3797	pursuant to s. 721.10.
3798	(2)
3799	(d)  A developer shall have the authority to deliver to
3800	purchasers any purchaser public offering statement that is not
3801	yet approved by the division, provided that the following shall
3802	apply:
3803	1.  At the time the developer delivers an unapproved
3804	purchaser public offering statement to a purchaser pursuant to
3805	this paragraph, the developer shall deliver a fully completed
3806	and executed copy of the purchase contract required by s. 721.06
3807	that contains the following statement in conspicuous type in
3808	substantially the following form which shall replace the
3809	statements required by s. 721.06(1)(g):
3810
3811	The developer is delivering to you a public offering statement
3812	that has been filed with but not yet approved by the Division of
3813	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes.
3814	Any revisions to the unapproved public offering statement you
3815	have received must be delivered to you, but only if the
3816	revisions materially alter or modify the offering in a manner
3817	adverse to you. After the division approves the public offering
3818	statement, you will receive notice of the approval from the
3819	developer and the required revisions, if any.
3820
3821	Your statutory right to cancel this transaction without any
3822	penalty or obligation expires 10 calendar days after the date
3823	you signed your purchase contract or the date on which you
3824	receive the last of all documents required to be given to you
3825	pursuant to section 721.07(6), Florida Statutes, or 10 calendar
3826	days after you receive revisions required to be delivered to
3827	you, if any, whichever is later. If you decide to cancel this
3828	contract, you must notify the seller in writing of your intent
3829	to cancel. Your notice of cancellation shall be effective upon
3830	the date sent and shall be sent to   (Name of Seller)   at
3831	(Address of Seller)  . Any attempt to obtain a waiver of your
3832	cancellation right is void and of no effect. While you may
3833	execute all closing documents in advance, the closing, as
3834	evidenced by delivery of the deed or other document, before
3835	expiration of your 10-day cancellation period, is prohibited.
3836
3837	2.  After receipt of approval from the division and prior
3838	to closing, if any revisions made to the documents contained in
3839	the purchaser public offering statement materially alter or
3840	modify the offering in a manner adverse to a purchaser, the
3841	developer shall send the purchaser such revisions together with
3842	a notice containing a statement in conspicuous type in
3843	substantially the following form:
3844
3845	The unapproved public offering statement previously delivered to
3846	you, together with the enclosed revisions, has been approved by
3847	the Division of Florida Land Sales, Condominiums, Timeshares,
3848	and Mobile Homes. Accordingly, your cancellation right expires
3849	10 calendar days after you sign your purchase contract or 10
3850	calendar days after you receive these revisions, whichever is
3851	later. If you have any questions regarding your cancellation
3852	rights, you may contact the division at [insert division's
3853	current address].
3854
3855	3.  After receipt of approval from the division and prior
3856	to closing, if no revisions have been made to the documents
3857	contained in the unapproved purchaser public offering statement,
3858	or if such revisions do not materially alter or modify the
3859	offering in a manner adverse to a purchaser, the developer shall
3860	send the purchaser a notice containing a statement in
3861	conspicuous type in substantially the following form:
3862
3863	The unapproved public offering statement previously delivered to
3864	you has been approved by the Division of Florida Land Sales,
3865	Condominiums, Timeshares, and Mobile Homes. Revisions made to
3866	the unapproved public offering statement, if any, are either not
3867	required to be delivered to you or are not deemed by the
3868	developer, in its opinion, to materially alter or modify the
3869	offering in a manner that is adverse to you. Accordingly, your
3870	cancellation right expired 10 days after you signed your
3871	purchase contract. A complete copy of the approved public
3872	offering statement is available through the managing entity for
3873	inspection as part of the books and records of the plan. If you
3874	have any questions regarding your cancellation rights, you may
3875	contact the division at [insert division's current address].
3876	Section 65.  Subsection (8) of section 721.08, Florida
3877	Statutes, is amended to read:
3878	721.08  Escrow accounts; nondisturbance instruments;
3879	alternate security arrangements; transfer of legal title.--
3880	(8)  An escrow agent holding escrowed funds pursuant to
3881	this chapter that have not been claimed for a period of 5 years
3882	after the date of deposit shall make at least one reasonable
3883	attempt to deliver such unclaimed funds to the purchaser who
3884	submitted such funds to escrow. In making such attempt, an
3885	escrow agent is entitled to rely on a purchaser's last known
3886	address as set forth in the books and records of the escrow
3887	agent and is not required to conduct any further search for the
3888	purchaser. If an escrow agent's attempt to deliver unclaimed
3889	funds to any purchaser is unsuccessful, the escrow agent may
3890	deliver such unclaimed funds to the division and the division
3891	shall deposit such unclaimed funds in the Division of Florida
3892	Land Sales, Condominiums, Timeshares, and Mobile Homes Trust
3893	Fund, 30 days after giving notice in a publication of general
3894	circulation in the county in which the timeshare property
3895	containing the purchaser's timeshare interest is located. The
3896	purchaser may claim the same at any time prior to the delivery
3897	of such funds to the division. After delivery of such funds to
3898	the division, the purchaser shall have no more rights to the
3899	unclaimed funds. The escrow agent shall not be liable for any
3900	claims from any party arising out of the escrow agent's delivery
3901	of the unclaimed funds to the division pursuant to this section.
3902	Section 66.  Section 721.26, Florida Statutes, is amended
3903	to read:
3904	721.26  Regulation by division.--The division has the power
3905	to enforce and ensure compliance with the provisions of this
3906	chapter, except for parts III and IV, using the powers provided
3907	in this chapter, as well as the powers prescribed in chapters
3908	498, 718, and 719. In performing its duties, the division shall
3909	have the following powers and duties:
3910	(1)  To aid in the enforcement of this chapter, or any
3911	division rule adopted or order promulgated or issued pursuant to
3912	this chapter, the division may make necessary public or private
3913	investigations within or outside this state to determine whether
3914	any person has violated or is about to violate this chapter, or
3915	any division rule adopted or order promulgated or issued
3916	pursuant to this chapter.
3917	(2)  The division may require or permit any person to file
3918	a written statement under oath or otherwise, as the division
3919	determines, as to the facts and circumstances concerning a
3920	matter under investigation.
3921	(3)  For the purpose of any investigation under this
3922	chapter, the director of the division or any officer or employee
3923	designated by the director may administer oaths or affirmations,
3924	subpoena witnesses and compel their attendance, take evidence,
3925	and require the production of any matter which is relevant to
3926	the investigation, including the identity, existence,
3927	description, nature, custody, condition, and location of any
3928	books, documents, or other tangible things and the identity and
3929	location of persons having knowledge of relevant facts or any
3930	other matter reasonably calculated to lead to the discovery of
3931	material evidence. Failure to obey a subpoena or to answer
3932	questions propounded by the investigating officer and upon
3933	reasonable notice to all persons affected thereby shall be a
3934	violation of this chapter. In addition to the other enforcement
3935	powers authorized in this subsection, the division may, at its
3936	discretion, apply to the circuit court for an order compelling
3937	compliance.
3938	(4)  The division may prepare and disseminate a prospectus
3939	and other information to assist prospective purchasers, sellers,
3940	and managing entities of timeshare plans in assessing the
3941	rights, privileges, and duties pertaining thereto.
3942	(5)  Notwithstanding any remedies available to purchasers,
3943	if the division has reasonable cause to believe that a violation
3944	of this chapter, or of any division rule adopted or order
3945	promulgated or issued pursuant to this chapter, has occurred,
3946	the division may institute enforcement proceedings in its own
3947	name against any regulated party, as such term is defined in
3948	this subsection:
3949	(a)1.  "Regulated party," for purposes of this section,
3950	means any developer, exchange company, seller, managing entity,
3951	owners' association, owners' association director, owners'
3952	association officer, manager, management firm, escrow agent,
3953	trustee, any respective assignees or agents, or any other person
3954	having duties or obligations pursuant to this chapter.
3955	2.  Any person who materially participates in any offer or
3956	disposition of any interest in, or the management or operation
3957	of, a timeshare plan in violation of this chapter or relevant
3958	rules involving fraud, deception, false pretenses,
3959	misrepresentation, or false advertising or the disbursement,
3960	concealment, or diversion of any funds or assets, which conduct
3961	adversely affects the interests of a purchaser, and which person
3962	directly or indirectly controls a regulated party or is a
3963	general partner, officer, director, agent, or employee of such
3964	regulated party, shall be jointly and severally liable under
3965	this subsection with such regulated party, unless such person
3966	did not know, and in the exercise of reasonable care could not
3967	have known, of the existence of the facts giving rise to the
3968	violation of this chapter. A right of contribution shall exist
3969	among jointly and severally liable persons pursuant to this
3970	paragraph.
3971	(b)  The division may permit any person whose conduct or
3972	actions may be under investigation to waive formal proceedings
3973	and enter into a consent proceeding whereby an order, rule, or
3974	letter of censure or warning, whether formal or informal, may be
3975	entered against that person.
3976	(c)  The division may issue an order requiring a regulated
3977	party to cease and desist from an unlawful practice under this
3978	chapter and take such affirmative action as in the judgment of
3979	the division will carry out the purposes of this chapter.
3980	(d)1.  The division may bring an action in circuit court
3981	for declaratory or injunctive relief or for other appropriate
3982	relief, including restitution.
3983	2.  The division shall have broad authority and discretion
3984	to petition the circuit court to appoint a receiver with respect
3985	to any managing entity which fails to perform its duties and
3986	obligations under this chapter with respect to the operation of
3987	a timeshare plan. The circumstances giving rise to an
3988	appropriate petition for receivership under this subparagraph
3989	include, but are not limited to:
3990	a.  Damage to or destruction of any of the accommodations
3991	or facilities of a timeshare plan, where the managing entity has
3992	failed to repair or reconstruct same.
3993	b.  A breach of fiduciary duty by the managing entity,
3994	including, but not limited to, undisclosed self-dealing or
3995	failure to timely assess, collect, or disburse the common
3996	expenses of the timeshare plan.
3997	c.  Failure of the managing entity to operate the timeshare
3998	plan in accordance with the timeshare instrument and this
3999	chapter.
4000
4001	If, under the circumstances, it appears that the events giving
4002	rise to the petition for receivership cannot be reasonably and
4003	timely corrected in a cost-effective manner consistent with the
4004	timeshare instrument, the receiver may petition the circuit
4005	court to implement such amendments or revisions to the timeshare
4006	instrument as may be necessary to enable the managing entity to
4007	resume effective operation of the timeshare plan, or to enter an
4008	order terminating the timeshare plan, or to enter such further
4009	orders regarding the disposition of the timeshare property as
4010	the court deems appropriate, including the disposition and sale
4011	of the timeshare property held by the owners' association or the
4012	purchasers. In the event of a receiver's sale, all rights,
4013	title, and interest held by the owners' association or any
4014	purchaser shall be extinguished and title shall vest in the
4015	buyer. This provision applies to timeshare estates, personal
4016	property timeshare interests, and timeshare licenses. All
4017	reasonable costs and fees of the receiver relating to the
4018	receivership shall become common expenses of the timeshare plan
4019	upon order of the court.
4020	3.  The division may revoke its approval of any filing for
4021	any timeshare plan for which a petition for receivership has
4022	been filed pursuant to this paragraph.
4023	(e)1.  The division may impose a penalty against any
4024	regulated party for a violation of this chapter or any rule
4025	adopted thereunder. A penalty may be imposed on the basis of
4026	each day of continuing violation, but in no event may the
4027	penalty for any offense exceed $10,000. All accounts collected
4028	shall be deposited with the Chief Financial Officer to the
4029	credit of the Division of Florida Land Sales, Condominiums,
4030	Timeshares, and Mobile Homes Trust Fund.
4031	2.a.  If a regulated party fails to pay a penalty, the
4032	division shall thereupon issue an order directing that such
4033	regulated party cease and desist from further operation until
4034	such time as the penalty is paid; or the division may pursue
4035	enforcement of the penalty in a court of competent jurisdiction.
4036	b.  If an owners' association or managing entity fails to
4037	pay a civil penalty, the division may pursue enforcement in a
4038	court of competent jurisdiction.
4039	(f)  In order to permit the regulated party an opportunity
4040	either to appeal such decision administratively or to seek
4041	relief in a court of competent jurisdiction, the order imposing
4042	the penalty or the cease and desist order shall not become
4043	effective until 20 days after the date of such order.
4044	(g)  Any action commenced by the division shall be brought
4045	in the county in which the division has its executive offices or
4046	in the county where the violation occurred.
4047	(h)  Notice to any regulated party shall be complete when
4048	delivered by United States mail, return receipt requested, to
4049	the party's address currently on file with the division or to
4050	such other address at which the division is able to locate the
4051	party. Every regulated party has an affirmative duty to notify
4052	the division of any change of address at least 5 business days
4053	prior to such change.
4054	(6)  The division has authority to adopt rules pursuant to
4055	ss. 120.536(1) and 120.54 to implement and enforce the
4056	provisions of this chapter.
4057	(7)(a)  The use of any unfair or deceptive act or practice
4058	by any person in connection with the sales or other operations
4059	of an exchange program or timeshare plan is a violation of this
4060	chapter.
4061	(b)  Any violation of the Florida Deceptive and Unfair
4062	Trade Practices Act, ss. 501.201 et seq., relating to the
4063	creation, promotion, sale, operation, or management of any
4064	timeshare plan shall also be a violation of this chapter.
4065	(c)  The division may is authorized to institute
4066	proceedings against any such person and take any appropriate
4067	action authorized in this section in connection therewith,
4068	notwithstanding any remedies available to purchasers.
4069	(8)  The failure of any person to comply with any order of
4070	the division is a violation of this chapter.
4071	Section 67.  Section 721.28, Florida Statutes, is amended
4072	to read:
4073	721.28  Division of Florida Land Sales, Condominiums,
4074	Timeshares, and Mobile Homes Trust Fund.--All funds collected by
4075	the division and any amounts paid as fees or penalties under
4076	this chapter shall be deposited in the State Treasury to the
4077	credit of the Division of Florida Land Sales, Condominiums,
4078	Timeshares, and Mobile Homes Trust Fund created by s. 718.509
4079	498.019.
4080	Section 68.  Paragraph (c) of subsection (1) of section
4081	721.301, Florida Statutes, is amended to read:
4082	721.301  Florida Timesharing, Vacation Club, and
4083	Hospitality Program.--
4084	(1)
4085	(c)  The director may designate funds from the Division of
4086	Florida Land Sales, Condominiums, Timeshares, and Mobile Homes
4087	Trust Fund, not to exceed $50,000 annually, to support the
4088	projects and proposals undertaken pursuant to paragraph (b). All
4089	state trust funds to be expended pursuant to this section must
4090	be matched equally with private moneys and shall comprise no
4091	more than half of the total moneys expended annually.
4092	Section 69.  Section 721.50, Florida Statutes, is amended
4093	to read:
4094	721.50  Short title.--This part may be cited as the
4095	"McAllister Act" in recognition and appreciation for the years
4096	of extraordinary and insightful contributions by Mr. Bryan C.
4097	McAllister, Examinations Supervisor of the former, Division of
4098	Florida Land Sales, Condominiums, and Mobile Homes.
4099	Section 70.  Subsection (1) of section 723.003, Florida
4100	Statutes, is amended to read:
4101	723.003  Definitions.--As used in this chapter, the
4102	following words and terms have the following meanings unless
4103	clearly indicated otherwise:
4104	(1)  The term "division" means the Division of Florida Land
4105	Sales, Condominiums, Timeshares, and Mobile Homes of the
4106	Department of Business and Professional Regulation.
4107	Section 71.  Paragraph (e) of subsection (5) of section
4108	723.006, Florida Statutes, is amended to read:
4109	723.006  Powers and duties of division.--In performing its
4110	duties, the division has the following powers and duties:
4111	(5)  Notwithstanding any remedies available to mobile home
4112	owners, mobile home park owners, and homeowners' associations,
4113	if the division has reasonable cause to believe that a violation
4114	of any provision of this chapter or related any rule promulgated
4115	pursuant hereto has occurred, the division may institute
4116	enforcement proceedings in its own name against a developer,
4117	mobile home park owner, or homeowners' association, or its
4118	assignee or agent, as follows:
4119	(e)1.  The division may impose a civil penalty against a
4120	mobile home park owner or homeowners' association, or its
4121	assignee or agent, for any violation of this chapter, a properly
4122	adopted promulgated park rule or regulation, or a rule adopted
4123	or regulation promulgated pursuant hereto. A penalty may be
4124	imposed on the basis of each separate violation and, if the
4125	violation is a continuing one, for each day of continuing
4126	violation, but in no event may the penalty for each separate
4127	violation or for each day of continuing violation exceed $5,000.
4128	All amounts collected shall be deposited with the Chief
4129	Financial Officer to the credit of the Division of Florida Land
4130	Sales, Condominiums, Timeshares, and Mobile Homes Trust Fund.
4131	2.  If a violator fails to pay the civil penalty, the
4132	division shall thereupon issue an order directing that such
4133	violator cease and desist from further violation until such time
4134	as the civil penalty is paid or may pursue enforcement of the
4135	penalty in a court of competent jurisdiction. If a homeowners'
4136	association fails to pay the civil penalty, the division shall
4137	thereupon pursue enforcement in a court of competent
4138	jurisdiction, and the order imposing the civil penalty or the
4139	cease and desist order shall not become effective until 20 days
4140	after the date of such order. Any action commenced by the
4141	division shall be brought in the county in which the division
4142	has its executive offices or in which the violation occurred.
4143	Section 72.  Section 723.009, Florida Statutes, is amended
4144	to read:
4145	723.009  Division of Florida Land Sales, Condominiums,
4146	Timeshares, and Mobile Homes Trust Fund.--All proceeds from the
4147	fees, penalties, and fines imposed pursuant to this chapter
4148	shall be deposited into the Division of Florida Land Sales,
4149	Condominiums, Timeshares, and Mobile Homes Trust Fund created by
4150	s. 718.509 498.019. Moneys in this fund, as appropriated by the
4151	Legislature pursuant to chapter 216, may be used to defray the
4152	expenses incurred by the division in administering the
4153	provisions of this chapter.
4154	Section 73.  Paragraph (c) of subsection (2) of section
4155	723.0611, Florida Statutes, is amended to read:
4156	723.0611  Florida Mobile Home Relocation Corporation.--
4157	(2)
4158	(c)  The corporation shall, for purposes of s. 768.28, be
4159	considered an agency of the state. Agents or employees of the
4160	corporation, members of the board of directors of the
4161	corporation, or representatives of the Division of Florida Land
4162	Sales, Condominiums, Timeshares, and Mobile Homes shall be
4163	considered officers, employees, or agents of the state, and
4164	actions against them and the corporation shall be governed by s.
4165	768.28.
4166	Section 74.  Except as otherwise expressly provided in this
4167	act, this act shall take effect July 1, 2008.

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