HB 5005

1	A bill to be entitled
2	An act relating to the deregulation of professions and
3	occupations; amending s. 20.165, F.S.; deleting provisions
4	establishing the Division of Florida Condominiums,
5	Timeshares, and Mobile Homes of the Department of Business
6	and Professional Regulation; deleting provisions
7	establishing the Florida Board of Auctioneers, the Board
8	of Employee Leasing Companies, the Board of Landscape
9	Architecture, the Board of Professional Geologists, the
10	home inspection services licensing program, and the mold-
11	related services licensing program within the department's
12	Division of Professions; repealing chapter 326, F.S.,
13	relating to the Yacht and Ship Brokers' Act and the
14	licensure of yacht and ship brokers and salespersons;
15	amending ss. 212.06 and 213.053, F.S., to conform;
16	repealing part VI of chapter 468, F.S., relating to the
17	licensure of auctioneers, apprentices, and auction
18	businesses, the Florida Board of Auctioneers, the
19	Auctioneer Recovery Fund, and the conduct of auctions;
20	amending s. 538.03, F.S., to conform; repealing part VII
21	of chapter 468, F.S., relating to the licensure and
22	regulation of talent agencies; repealing part VIII of
23	chapter 468, F.S., relating to the licensure and
24	regulation of community association managers and
25	management firms and the Regulatory Council of Community
26	Association Managers; amending ss. 455.2122, 718.111,
27	718.501, 719.104, and 721.13, F.S., to conform; repealing
28	part IX of chapter 468, F.S., relating to the licensure
29	and regulation of athlete agents; repealing part XI of
30	chapter 468, F.S., relating to the licensure and
31	regulation of employee leasing companies and employee
32	leasing company groups and the Board of Employee Leasing
33	Companies; amending s. 212.096, 212.097, 212.098, 220.03,
34	443.036, 443.101, 448.23, 448.26, 472.003, 626.112,
35	627.192, 627.3121, and 768.098, F.S., to conform;
36	repealing part XV of chapter 468, F.S., relating to the
37	home inspection services licensing program, the licensure
38	of home inspectors, the certification of corporations and
39	partnerships practicing or offering to practice home
40	inspection services, and the regulation of home inspection
41	services; amending s. 627.0629, F.S., to conform; amending
42	s. 627.711, F.S.; removing licensed home inspectors from
43	list of persons from whom insurers must accept uniform
44	mitigation verification inspection forms, to conform;
45	repealing part XVI of chapter 468, F.S., relating to the
46	mold-related services licensing program, the licensure of
47	mold assessors and remediators, the certification of
48	corporations and partnerships practicing or offering to
49	practice mold assessment or remediation, and the
50	regulation of mold-related services; amending s. 455.2123,
51	F.S., to conform; repealing chapter 472, F.S., relating to
52	the licensure of professional surveyors and mappers, the
53	Board of Professional Surveyors and Mappers, and the
54	practice of land surveying and mapping; amending ss.
55	161.57, 177.031, 177.36, 177.503, 287.055, 334.044,
56	348.0008, 373.421, 403.0877, 440.02, 481.329, 492.102,
57	497.274, 556.108, 718.104, 725.08, and 810.12, F.S., to
58	conform; repealing s. 177.508, F.S., relating to the
59	Florida Public Land Survey Restoration and Perpetuation
60	Act not affecting the actions or practice of land
61	surveyors and mappers regulated under chapter 472, to
62	conform; amending s. 477.0132, F.S.; deleting provisions
63	requiring the registration of persons whose occupation or
64	practice is confined solely to hair braiding, hair
65	wrapping, or body wrapping; providing that the Florida
66	Cosmetology Act does not apply to such persons; amending
67	ss. 477.019, 477.026, 477.0265, and 477.029, F.S., to
68	conform; repealing ss. 481.2131 and 481.2251, F.S.,
69	relating to the practice of interior design by registered
70	interior designers and disciplinary proceedings against
71	registered interior designers; deleting provisions
72	relating to the registration of interior designers and the
73	regulation of interior design; amending s. 481.201, F.S.;
74	deleting legislative findings relating to the practice of
75	interior design, to conform; amending s. 481.203, F.S.;
76	revising definitions relating to the practice of
77	architecture and deleting definitions relating to the
78	practice of interior design; specifying that the practice
79	of architecture includes interior design; amending s.
80	481.205, F.S.; changing the name of the Board of
81	Architecture and Interior Design, to conform; revising
82	membership of the board; conforming provisions; amending
83	ss. 481.207, 481.209, 481.211, 481.213, 481.215, and
84	481.217, F.S., to conform; amending s. 481.219, F.S.;
85	deleting provisions permitting the practice of or offer to
86	practice interior design through certain business
87	organizations; deleting provisions requiring certificates
88	of authorization for certain business organizations
89	offering interior design services to the public;
90	conforming provisions; amending ss. 481.221, 481.222,
91	481.223, 481.229, 481.231, and 553.79, F.S., to conform;
92	amending s. 558.002, F.S.; revising definition of "design
93	professional" for purposes of provisions relating to
94	alternative dispute resolution of construction defects, to
95	conform; repealing part II of chapter 481, F.S., relating
96	to the registration and licensure of landscape architects,
97	the certification of corporations and partnerships
98	practicing or offering to practice landscape architectural
99	services, the Board of Landscape Architecture, and the
100	regulation of landscape architectural services; providing
101	a directive to the Division of Statutory Revision;
102	amending s. 287.055, F.S., to conform; amending s.
103	339.2405, F.S.; revising qualifications of landscape
104	architect member of the Florida Highway Beautification
105	Council, to conform; amending ss. 373.62, 403.0877,
106	403.9329, and 479.106, F.S., to conform; amending s.
107	481.203, F.S.; defining the terms "landscape architect"
108	and "landscape architecture" for purposes of provisions
109	relating to the regulation of architecture and interior
110	design; amending ss. 489.103, 558.002, and 725.08, F.S.,
111	to conform; repealing chapter 492, F.S., relating to the
112	licensure of professional geologists, the Board of
113	Professional Geologists, and the practice of professional
114	geology; amending ss. 373.1175, 376.80, 377.075, 403.087,
115	403.0877, 469.004, 627.706, 627.707, 627.7072, 627.7073,
116	627.7074, and 849.0935, F.S., to conform; repealing
117	chapter 496, F.S., relating to the registration of
118	professional fundraising consultants and professional
119	solicitors and the regulation of solicitation of
120	charitable contributions and charitable sales promotions;
121	amending ss. 110.181, 316.2045, 320.023, 322.081, 413.033,
122	550.0351, 550.1647, 741.0305, 775.0861, 790.166, 843.16,
123	and 849.0935, F.S., to conform; repealing s. 500.459,
124	F.S., relating to the regulation of water vending machines
125	and the permitting of water vending machine operators;
126	amending s. 500.511, F.S.; deleting provisions for the
127	deposit of operator permitting fees, the enforcement of
128	the state's water vending machine regulations, penalties,
129	and the preemption of county and municipal water vending
130	machine regulations, to conform; repealing ss. 501.012-
131	501.019, F.S., relating to the registration of health
132	studios and the regulation of health studio services;
133	amending s. 501.165, F.S., to conform; repealing s.
134	501.143, F.S., relating to the Dance Studio Act, the
135	registration of ballroom dance studios, and the regulation
136	of dance studio lessons and services; repealing s.
137	205.1969, F.S., relating to the issuance by counties and
138	municipalities of business tax receipts to health studios
139	and ballroom dance studios, to conform; repealing part IV
140	of chapter 501, F.S., relating to the Florida
141	Telemarketing Act, the licensure of commercial telephone
142	sellers and salespersons and the regulation of commercial
143	telephone solicitation; repealing s. 205.1973, F.S.,
144	relating to the issuance by counties and municipalities of
145	business tax receipts to telemarketing businesses, to
146	conform; amending ss. 501.165, 648.44, 772.102, and
147	895.02, F.S., to conform; repealing chapter 507, F.S.,
148	relating to the registration of movers and moving brokers
149	and the regulation of household moving services; repealing
150	s. 205.1975, F.S., relating to the issuance by counties
151	and municipalities of business tax receipts to movers and
152	moving brokers, to conform; amending s. 509.242, F.S.;
153	revising the license classifications of public lodging
154	establishments for purposes of provisions regulating such
155	establishments; amending s. 509.221, F.S.; conforming a
156	cross-reference; repealing chapter 555, F.S., relating to
157	the regulation of outdoor theaters in which audiences view
158	performances from parked vehicles; repealing part VIII of
159	chapter 559, F.S., relating to the Sale of Business
160	Opportunities Act and the regulation of certain business
161	opportunities; repealing part IX of chapter 559, F.S.,
162	relating to the registration of motor vehicle repair
163	shops, the Motor Vehicle Repair Advisory Council, and the
164	regulation of motor vehicle repair; amending ss. 320.27,
165	445.025, and 713.585, F.S., to conform; repealing part XI
166	of chapter 559, F.S., relating to the Florida Sellers of
167	Travel Act, the registration of sellers of travel,
168	certification of certain business activities, and the
169	regulation of prearranged travel, tourist-related
170	services, tour-guide services, and vacation certificates;
171	repealing s. 205.1971, F.S., relating to the issuance by
172	counties and municipalities of business tax receipts to
173	sellers of travel, to conform; amending ss. 501.604,
174	501.608, 636.044, and 721.11, F.S., to conform; repealing
175	s. 686.201, F.S., relating to contracts with sales
176	representatives involving commissions; repealing s.
177	817.559, F.S., relating to the labeling of television
178	picture tubes; amending ss. 73.072, 192.037, 213.053,
179	336.125, 475.011, 558.002, 718.103, 718.1085, 718.111,
180	718.112, 718.202, 718.301, 718.503, 718.504, 719.103,
181	719.1035, 719.104, 719.1055, 719.106, 719.202, 719.301,
182	719.503, 719.504, 719.608, 720.301, 720.303, 720.306,
183	720.311, 720.407, 721.03, 721.05, 721.06, 721.08, 721.09,
184	721.10, 721.11, 721.111, 721.13, 721.18, 721.20, 721.55,
185	721,551, 721.552, 721.56, 721.82, 723.002, 723.003,
186	723.004, 723.031, 723.033, 723.035, 723.037, 723.042,
187	723.06115, F.S.; repealing ss. 718.1255, 718.501,
188	718.5011, 718.5012, 718.5014, 718.50151, 718.50152,
189	718.50153, 718.50154, 718.50155, 718.502, 718.509,
190	718.621, 719.1255, 719.501, 719.502, 719.508, 719.621,
191	721.07, 721.071, 721.075, 721.121, 721.26, 721.265,
192	721.27, 721.28, 721.29, 721.301, 721.53, 721.58, 721.98,
193	723.005, 723.007, 723.008, 723.009, 723.011, 723.012,
194	723.013, 723.016, 723.038, 723.0381, F.S., to delete
195	powers and duties of the Division of Florida Condominiums,
196	Timeshares, and Mobile Homes of the Department of Business
197	and Professional Regulation; deleting the division's power
198	to enforce and ensure compliance of certain provisions
199	relating to condominiums, cooperatives, vacation plans and
200	timeshares, and mobile homes; conforming provisions;
201	providing an effective date.
202
203	Be It Enacted by the Legislature of the State of Florida:
204
205	Section 1.  Subsections (2) and (4) of section 20.165,
206	Florida Statutes, are amended to read:
207	20.165  Department of Business and Professional
208	Regulation.-There is created a Department of Business and
209	Professional Regulation.
210	(2)  The following divisions of the Department of Business
211	and Professional Regulation are established:
212	(a)  Division of Administration.
213	(b)  Division of Alcoholic Beverages and Tobacco.
214	(c)  Division of Certified Public Accounting.
215	1.  The director of the division shall be appointed by the
216	secretary of the department, subject to approval by a majority
217	of the Board of Accountancy.
218	2.  The offices of the division shall be located in
219	Gainesville.
220	(d)  Division of Florida Condominiums, Timeshares, and
221	Mobile Homes.
222	(d)(e)  Division of Hotels and Restaurants.
223	(e)(f)  Division of Pari-mutuel Wagering.
224	(f)(g)  Division of Professions.
225	(g)(h)  Division of Real Estate.
226	1.  The director of the division shall be appointed by the
227	secretary of the department, subject to approval by a majority
228	of the Florida Real Estate Commission.
229	2.  The offices of the division shall be located in
230	Orlando.
231	(h)(i)  Division of Regulation.
232	(i)(j)  Division of Technology.
233	(j)(k)  Division of Service Operations.
234	(4)(a)  The following boards and programs are established
235	within the Division of Professions:
236	1.  Board of Architecture and Interior Design, created
237	under part I of chapter 481.
238	2.  Florida Board of Auctioneers, created under part VI of
239	chapter 468.
240	2.3.  Barbers' Board, created under chapter 476.
241	3.4.  Florida Building Code Administrators and Inspectors
242	Board, created under part XII of chapter 468.
243	4.5.  Construction Industry Licensing Board, created under
244	part I of chapter 489.
245	5.6.  Board of Cosmetology, created under chapter 477.
246	6.7.  Electrical Contractors' Licensing Board, created
247	under part II of chapter 489.
248	8.  Board of Employee Leasing Companies, created under part
249	XI of chapter 468.
250	9.  Board of Landscape Architecture, created under part II
251	of chapter 481.
252	7.10.  Board of Pilot Commissioners, created under chapter
253	310.
254	8.11.  Board of Professional Engineers, created under
255	chapter 471.
256	12.  Board of Professional Geologists, created under
257	chapter 492.
258	9.13.  Board of Veterinary Medicine, created under chapter
259	474.
260	14.  Home inspection services licensing program, created
261	under part XV of chapter 468.
262	15.  Mold-related services licensing program, created under
263	part XVI of chapter 468.
264	(b)  The following board and commission are established
265	within the Division of Real Estate:
266	1.  Florida Real Estate Appraisal Board, created under part
267	II of chapter 475.
268	2.  Florida Real Estate Commission, created under part I of
269	chapter 475.
270	(c)  The following board is established within the Division
271	of Certified Public Accounting: Board of Accountancy, created
272	under chapter 473.
273	Section 2.  Chapter 326, Florida Statutes, consisting of
274	sections 326.001, 326.002, 326.003, 326.004, 326.005, and
275	326.006, is repealed.
276	Section 3.  Paragraph (e) of subsection (1) of section
277	212.06, Florida Statutes, is amended to read:
278	212.06  Sales, storage, use tax; collectible from dealers;
279	"dealer" defined; dealers to collect from purchasers;
280	legislative intent as to scope of tax.-
281	(1)
282	(e)1.  Notwithstanding any other provision of this chapter,
283	tax shall not be imposed on any vessel registered under s.
284	328.52 by a vessel dealer or vessel manufacturer with respect to
285	a vessel used solely for demonstration, sales promotional, or
286	testing purposes. The term "promotional purposes" shall include,
287	but not be limited to, participation in fishing tournaments. For
288	the purposes of this paragraph, "promotional purposes" means the
289	entry of the vessel in a marine-related event where prospective
290	purchasers would be in attendance, where the vessel is entered
291	in the name of the dealer or manufacturer, and where the vessel
292	is clearly marked as for sale, on which vessel the name of the
293	dealer or manufacturer is clearly displayed, and which vessel
294	has never been transferred into the dealer's or manufacturer's
295	accounting books from an inventory item to a capital asset for
296	depreciation purposes.
297	2.  The provisions of this paragraph do not apply to any
298	vessel when used for transporting persons or goods for
299	compensation; when offered, let, or rented to another for
300	consideration; when offered for rent or hire as a means of
301	transportation for compensation; or when offered or used to
302	provide transportation for persons solicited through personal
303	contact or through advertisement on a "share expense" basis.
304	3.  Notwithstanding any other provision of this chapter,
305	tax may not be imposed on any vessel imported into this state
306	for the sole purpose of being offered for sale at retail by a
307	yacht broker or yacht dealer registered in this state if the
308	vessel remains under the care, custody, and control of the
309	registered broker or dealer and the owner of the vessel does not
310	make personal use of the vessel during that time. The provisions
311	of this chapter govern the taxability of any sale or use of the
312	vessel subsequent to its importation under this provision.
313	Section 4.  Paragraph (i) of subsection (8) of section
314	213.053, Florida Statutes, is amended to read:
315	213.053  Confidentiality and information sharing.-
316	(8)  Notwithstanding any other provision of this section,
317	the department may provide:
318	(i)  Information relative to chapter chapters 212 and
319	former chapter 326 to the Division of Florida Condominiums,
320	Timeshares, and Mobile Homes of the Department of Business and
321	Professional Regulation in the conduct of its official duties.
322
323	Disclosure of information under this subsection shall be
324	pursuant to a written agreement between the executive director
325	and the agency. Such agencies, governmental or nongovernmental,
326	shall be bound by the same requirements of confidentiality as
327	the Department of Revenue. Breach of confidentiality is a
328	misdemeanor of the first degree, punishable as provided by s.
329	775.082 or s. 775.083.
330	Section 5.  Part VI of chapter 468, Florida Statutes,
331	consisting of sections 468.381, 468.382, 468.383, 468.384,
332	468.385, 468.3851, 468.3852, 468.3855, 468.386, 468.387,
333	468.388, 468.389, 468.391, 468.392, 468.393, 468.394, 468.395,
334	468.396, 468.397, 468.398, and 468.399, is repealed.
335	Section 6.  Paragraphs (m) through (q) of subsection (2) of
336	section 538.03, Florida Statutes, are redesignated as paragraphs
337	(l) through (p), respectively, and present paragraph (l) of that
338	subsection is amended to read:
339	538.03  Definitions; applicability.-
340	(2)  This chapter does not apply to:
341	(l)  Any auction business as defined in s. 468.382(1).
342	Section 7.  Part VII of chapter 468, Florida Statutes,
343	consisting of sections 468.401, 468.402, 468.403, 468.404,
344	468.405, 468.406, 468.407, 468.408, 468.409, 468.410, 468.411,
345	468.412, 468.413, 468.414, and 468.415, is repealed.
346	Section 8.  Part VIII of chapter 468, Florida Statutes,
347	consisting of sections 468.431, 468.4315, 468.432, 468.433,
348	468.4336, 468.4337, 468.4338, 468.435, 468.436, 468.4365,
349	468.437, and 468.438, is repealed.
350	Section 9.  Section 455.2122, Florida Statutes, is amended
351	to read:
352	455.2122  Education.-A board, or the department where there
353	is no board, shall approve distance learning courses as an
354	alternative to classroom courses to satisfy prelicensure or
355	postlicensure education requirements provided for in part VIII
356	of chapter 468 or part I of chapter 475. A board, or the
357	department when there is no board, may not require centralized
358	examinations for completion of prelicensure or postlicensure
359	education requirements for those professions licensed under part
360	VIII of chapter 468 or part I of chapter 475.
361	Section 10.  Paragraph (e) of subsection (1), subsection
362	(4), and subsection (10) of section 721.13, Florida Statutes,
363	are amended to read:
364	721.13  Management.-
365	(1)
366	(e)  Any managing entity performing community association
367	management must comply with part VIII of chapter 468.
368	(4)  The managing entity shall maintain among its records
369	and provide to the division upon request a complete list of the
370	names and addresses of all purchasers and owners of timeshare
371	units in the timeshare plan. The managing entity shall update
372	this list no less frequently than quarterly. Pursuant to
373	paragraph (3)(d), the managing entity may not publish this
374	owner's list or provide a copy of it to any purchaser or to any
375	third party other than the division. However, the managing
376	entity shall to those persons listed on the owner's list
377	materials provided by any purchaser, upon the written request of
378	that purchaser, if the purpose of the mailing is to advance
379	legitimate owners' association business, such as a proxy
380	solicitation for any purpose, including the recall of one or
381	more board members elected by the owners or the discharge of the
382	manager or management firm. The use of any proxies solicited in
383	this manner must comply with the provisions of the timeshare
384	instrument and this chapter. A mailing requested for the purpose
385	of advancing legitimate owners' association business shall occur
386	within 30 days after receipt of a request from a purchaser. The
387	board of administration of the owners' association shall be
388	responsible for determining the appropriateness of any mailing
389	requested pursuant to this subsection. The purchaser who
390	requests the mailing must reimburse the owners' association in
391	advance for the owners' association's actual costs in performing
392	the mailing. It shall be a violation of this chapter and, if
393	applicable, of part VIII of chapter 468, for the board of
394	administration or the manager or management firm to refuse to
395	mail any material requested by the purchaser to be mailed,
396	provided the sole purpose of the materials is to advance
397	legitimate owners' association business. If the purpose of the
398	mailing is a proxy solicitation to recall one or more board
399	members elected by the owners or to discharge the manager or
400	management firm and the managing entity does not mail the
401	materials within 30 days after receipt of a request from a
402	purchaser, the circuit court in the county where the timeshare
403	plan is located may, upon application from the requesting
404	purchaser, summarily order the mailing of the materials solely
405	related to the recall of one or more board members elected by
406	the owners or the discharge of the manager or management firm.
407	The court shall dispose of an application on an expedited basis.
408	In the event of such an order, the court may order the managing
409	entity to pay the purchaser's costs, including attorney's fees
410	reasonably incurred to enforce the purchaser's rights, unless
411	the managing entity can prove it refused the mailing in good
412	faith because of a reasonable basis for doubt about the
413	legitimacy of the mailing.
414	(10)  Any failure of the managing entity to faithfully
415	discharge the fiduciary duty to purchasers imposed by this
416	section or to otherwise comply with the provisions of this
417	section shall be a violation of this chapter and of part VIII of
418	chapter 468.
419	Section 11.  Subsection (14) of section 718.111, Florida
420	Statutes, is amended to read:
421	718.111  The association.-
422	(14)  COMMINGLING.-All funds collected by an association
423	shall be maintained separately in the association's name. For
424	investment purposes only, reserve funds may be commingled with
425	operating funds of the association. Commingled operating and
426	reserve funds shall be accounted for separately, and a
427	commingled account shall not, at any time, be less than the
428	amount identified as reserve funds. This subsection does not
429	prohibit a multicondominium association from commingling the
430	operating funds of separate condominiums or the reserve funds of
431	separate condominiums. Furthermore, for investment purposes
432	only, a multicondominium association may commingle the operating
433	funds of separate condominiums with the reserve funds of
434	separate condominiums. A manager or business entity required to
435	be licensed or registered under s. 468.432, or An agent,
436	employee, officer, or director of an association, may shall not
437	commingle any association funds with his or her funds or with
438	the funds of any other condominium association or the funds of a
439	community association as defined in s. 468.431.
440	Section 12.  Paragraph (d) of subsection (1) of section
441	718.501, Florida Statutes, is amended to read:
442	718.501  Authority, responsibility, and duties of Division
443	of Florida Condominiums, Timeshares, and Mobile Homes.-
444	(1)  The division may enforce and ensure compliance with
445	the provisions of this chapter and rules relating to the
446	development, construction, sale, lease, ownership, operation,
447	and management of residential condominium units. In performing
448	its duties, the division has complete jurisdiction to
449	investigate complaints and enforce compliance with respect to
450	associations that are still under developer control or the
451	control of a bulk assignee or bulk buyer pursuant to part VII of
452	this chapter and complaints against developers, bulk assignees,
453	or bulk buyers involving improper turnover or failure to
454	turnover, pursuant to s. 718.301. However, after turnover has
455	occurred, the division has jurisdiction to investigate
456	complaints related only to financial issues, elections, and unit
457	owner access to association records pursuant to s. 718.111(12).
458	(d)  Notwithstanding any remedies available to unit owners
459	and associations, if the division has reasonable cause to
460	believe that a violation of any provision of this chapter or
461	related rule has occurred, the division may institute
462	enforcement proceedings in its own name against any developer,
463	bulk assignee, bulk buyer, association, officer, or member of
464	the board of administration, or its assignees or agents, as
465	follows:
466	1.  The division may permit a person whose conduct or
467	actions may be under investigation to waive formal proceedings
468	and enter into a consent proceeding whereby orders, rules, or
469	letters of censure or warning, whether formal or informal, may
470	be entered against the person.
471	2.  The division may issue an order requiring the
472	developer, bulk assignee, bulk buyer, association, developer-
473	designated officer, or developer-designated member of the board
474	of administration, developer-designated assignees or agents,
475	bulk assignee-designated assignees or agents, or bulk buyer-
476	designated assignees or agents, community association manager,
477	or community association management firm to cease and desist
478	from the unlawful practice and take such affirmative action as
479	in the judgment of the division carry out the purposes of this
480	chapter. If the division finds that a developer, bulk assignee,
481	bulk buyer, association, officer, or member of the board of
482	administration, or its assignees or agents, is violating or is
483	about to violate any provision of this chapter, any rule adopted
484	or order issued by the division, or any written agreement
485	entered into with the division, and presents an immediate danger
486	to the public requiring an immediate final order, it may issue
487	an emergency cease and desist order reciting with particularity
488	the facts underlying such findings. The emergency cease and
489	desist order is effective for 90 days. If the division begins
490	nonemergency cease and desist proceedings, the emergency cease
491	and desist order remains effective until the conclusion of the
492	proceedings under ss. 120.569 and 120.57.
493	3.  If a developer, bulk assignee, or bulk buyer, fails to
494	pay any restitution determined by the division to be owed, plus
495	any accrued interest at the highest rate permitted by law,
496	within 30 days after expiration of any appellate time period of
497	a final order requiring payment of restitution or the conclusion
498	of any appeal thereof, whichever is later, the division must
499	bring an action in circuit or county court on behalf of any
500	association, class of unit owners, lessees, or purchasers for
501	restitution, declaratory relief, injunctive relief, or any other
502	available remedy. The division may also temporarily revoke its
503	acceptance of the filing for the developer to which the
504	restitution relates until payment of restitution is made.
505	4.  The division may petition the court for appointment of
506	a receiver or conservator. If appointed, the receiver or
507	conservator may take action to implement the court order to
508	ensure the performance of the order and to remedy any breach
509	thereof. In addition to all other means provided by law for the
510	enforcement of an injunction or temporary restraining order, the
511	circuit court may impound or sequester the property of a party
512	defendant, including books, papers, documents, and related
513	records, and allow the examination and use of the property by
514	the division and a court-appointed receiver or conservator.
515	5.  The division may apply to the circuit court for an
516	order of restitution whereby the defendant in an action brought
517	pursuant to subparagraph 4. is ordered to make restitution of
518	those sums shown by the division to have been obtained by the
519	defendant in violation of this chapter. At the option of the
520	court, such restitution is payable to the conservator or
521	receiver appointed pursuant to subparagraph 4. or directly to
522	the persons whose funds or assets were obtained in violation of
523	this chapter.
524	6.  The division may impose a civil penalty against a
525	developer, bulk assignee, or bulk buyer, or association, or its
526	assignee or agent, for any violation of this chapter or related
527	rule. The division may impose a civil penalty individually
528	against an officer or board member who willfully and knowingly
529	violates a provision of this chapter, adopted rule, or a final
530	order of the division; may order the removal of such individual
531	as an officer or from the board of administration or as an
532	officer of the association; and may prohibit such individual
533	from serving as an officer or on the board of a community
534	association for a period of time. The term "willfully and
535	knowingly" means that the division informed the officer or board
536	member that his or her action or intended action violates this
537	chapter, a rule adopted under this chapter, or a final order of
538	the division and that the officer or board member refused to
539	comply with the requirements of this chapter, a rule adopted
540	under this chapter, or a final order of the division. The
541	division, before initiating formal agency action under chapter
542	120, must afford the officer or board member an opportunity to
543	voluntarily comply, and an officer or board member who complies
544	within 10 days is not subject to a civil penalty. A penalty may
545	be imposed on the basis of each day of continuing violation, but
546	the penalty for any offense may not exceed $5,000. By January 1,
547	1998, the division shall adopt, by rule, penalty guidelines
548	applicable to possible violations or to categories of violations
549	of this chapter or rules adopted by the division. The guidelines
550	must specify a meaningful range of civil penalties for each such
551	violation of the statute and rules and must be based upon the
552	harm caused by the violation, the repetition of the violation,
553	and upon such other factors deemed relevant by the division. For
554	example, the division may consider whether the violations were
555	committed by a developer, bulk assignee, or bulk buyer, or
556	owner-controlled association, the size of the association, and
557	other factors. The guidelines must designate the possible
558	mitigating or aggravating circumstances that justify a departure
559	from the range of penalties provided by the rules. It is the
560	legislative intent that minor violations be distinguished from
561	those which endanger the health, safety, or welfare of the
562	condominium residents or other persons and that such guidelines
563	provide reasonable and meaningful notice to the public of likely
564	penalties that may be imposed for proscribed conduct. This
565	subsection does not limit the ability of the division to
566	informally dispose of administrative actions or complaints by
567	stipulation, agreed settlement, or consent order. All amounts
568	collected shall be deposited with the Chief Financial Officer to
569	the credit of the Division of Florida Condominiums, Timeshares,
570	and Mobile Homes Trust Fund. If a developer, bulk assignee, or
571	bulk buyer fails to pay the civil penalty and the amount deemed
572	to be owed to the association, the division shall issue an order
573	directing that such developer, bulk assignee, or bulk buyer
574	cease and desist from further operation until such time as the
575	civil penalty is paid or may pursue enforcement of the penalty
576	in a court of competent jurisdiction. If an association fails to
577	pay the civil penalty, the division shall pursue enforcement in
578	a court of competent jurisdiction, and the order imposing the
579	civil penalty or the cease and desist order is not effective
580	until 20 days after the date of such order. Any action commenced
581	by the division shall be brought in the county in which the
582	division has its executive offices or in the county where the
583	violation occurred.
584	7.  If a unit owner presents the division with proof that
585	the unit owner has requested access to official records in
586	writing by certified mail, and that after 10 days the unit owner
587	again made the same request for access to official records in
588	writing by certified mail, and that more than 10 days has
589	elapsed since the second request and the association has still
590	failed or refused to provide access to official records as
591	required by this chapter, the division shall issue a subpoena
592	requiring production of the requested records where the records
593	are kept pursuant to s. 718.112.
594	8.  In addition to subparagraph 6., the division may seek
595	the imposition of a civil penalty through the circuit court for
596	any violation for which the division may issue a notice to show
597	cause under paragraph (r). The civil penalty shall be at least
598	$500 but no more than $5,000 for each violation. The court may
599	also award to the prevailing party court costs and reasonable
600	attorney's fees and, if the division prevails, may also award
601	reasonable costs of investigation.
602	Section 13.  Subsection (7) of section 719.104, Florida
603	Statutes, is amended to read:
604	719.104  Cooperatives; access to units; records; financial
605	reports; assessments; purchase of leases.-
606	(7)  COMMINGLING.-All funds shall be maintained separately
607	in the association's name. Reserve and operating funds of the
608	association may shall not be commingled unless combined for
609	investment purposes. This subsection does is not meant to
610	prohibit prudent investment of association funds even if
611	combined with operating or other reserve funds of the same
612	association, but such funds must be accounted for separately,
613	and the combined account balance may not, at any time, be less
614	than the amount identified as reserve funds in the combined
615	account. No manager or business entity required to be licensed
616	or registered under s. 468.432, or An agent, employee, officer,
617	or director of a cooperative association may not commingle any
618	association funds with his or her own funds or with the funds of
619	any other cooperative association or community association as
620
621	Section 14.  Part IX of chapter 468, Florida Statutes,
622	consisting of sections 468.451, 468.452, 468.453, 468.4535,
623	468.4536, 468.454, 468.456, 468.4561, 468.45615, 468.4562,
624	468.4565, and 468.457, is repealed.
625	Section 15.  Part XI of chapter 468, Florida Statutes,
626	consisting of sections 468.520, 468.521, 468.522, 468.523,
627	468.524, 468.5245, 468.525, 468.526, 468.527, 468.5275, 468.528,
628	468.529, 468.530, 468.531, 468.532, 468.533, 468.534, and
629	468.535, is repealed.
630	Section 16.  Paragraph (d) of subsection (1) of section
631	212.096, Florida Statutes, is amended to read:
632	212.096  Sales, rental, storage, use tax; enterprise zone
633	jobs credit against sales tax.-
634	(1)  For the purposes of the credit provided in this
635	section:
636	(d)  "Job" means a full-time position, as consistent with
637	terms used by the Agency for Workforce Innovation and the United
638	States Department of Labor for purposes of unemployment
639	compensation tax administration and employment estimation
640	resulting directly from a business operation in this state. This
641	term may not include a temporary construction job involved with
642	the construction of facilities or any job that has previously
643	been included in any application for tax credits under s.
644	220.181(1). The term also includes employment of an employee
645	leased from an employee leasing company as defined in s.
646	627.192(2)(f) licensed under chapter 468 if such employee has
647	been continuously leased to the employer for an average of at
648	least 36 hours per week for more than 6 months.
649
650	A person shall be deemed to be employed if the person performs
651	duties in connection with the operations of the business on a
652	regular, full-time basis, provided the person is performing such
653	duties for an average of at least 36 hours per week each month.
654	The person must be performing such duties at a business site
655	located in the enterprise zone.
656	Section 17.  Paragraph (b) of subsection (1) of section
657	212.097, Florida Statutes, is amended to read:
658	212.097  Urban High-Crime Area Job Tax Credit Program.-
659	(1)  As used in this section, the term:
660	(b)  "Qualified employee" means any employee of an eligible
661	business who performs duties in connection with the operations
662	of the business on a regular, full-time basis for an average of
663	at least 36 hours per week for at least 3 months within the
664	qualified high-crime area in which the eligible business is
665	located. An owner or partner of the eligible business is not a
666	qualified employee. The term also includes an employee leased
667	from an employee leasing company as defined in s. 627.192(2)(f)
668	licensed under chapter 468, if such employee has been
669	continuously leased to the employer for an average of at least
670	36 hours per week for more than 6 months.
671	Section 18.  Paragraph (b) of subsection (1) of section
672	212.098, Florida Statutes, is amended to read:
673	212.098  Rural Job Tax Credit Program.-
674	(1)  As used in this section, the term:
675	(b)  "Qualified employee" means any employee of an eligible
676	business who performs duties in connection with the operations
677	of the business on a regular, full-time basis for an average of
678	at least 36 hours per week for at least 3 months within the
679	qualified county in which the eligible business is located. The
680	term also includes an employee leased from an employee leasing
681	company as defined in s. 627.192(2)(f) licensed under chapter
682	468, if such employee has been continuously leased to the
683	employer for an average of at least 36 hours per week for more
684	than 6 months. An owner or partner of the eligible business is
685	not a qualified employee.
686	Section 19.  Paragraph (ff) of subsection (1) of section
687	220.03, Florida Statutes, is amended to read:
688	220.03  Definitions.-
689	(1)  SPECIFIC TERMS.-When used in this code, and when not
690	otherwise distinctly expressed or manifestly incompatible with
691	the intent thereof, the following terms shall have the following
692	meanings:
693	(ff)  "Job" means a full-time position, as consistent with
694	terms used by the Agency for Workforce Innovation and the United
695	States Department of Labor for purposes of unemployment
696	compensation tax administration and employment estimation
697	resulting directly from business operations in this state. The
698	term may not include a temporary construction job involved with
699	the construction of facilities or any job that has previously
700	been included in any application for tax credits under s.
701	212.096. The term also includes employment of an employee leased
702	from an employee leasing company as defined in s. 627.192(2)(f)
703	licensed under chapter 468 if the employee has been continuously
704	leased to the employer for an average of at least 36 hours per
705	week for more than 6 months.
706	Section 20.  Subsections (18) of section 443.036, Florida
707	Statutes, is amended, to read:
708	443.036  Definitions.-As used in this chapter, the term:
709	(18)  "Employee leasing company" means an employing unit
710	that is an employee leasing company as defined in s.
711	627.192(2)(f) which that has a valid and active license under
712	chapter 468 and that maintains the records required by s.
713	443.171(5) and, in addition, is responsible for producing
714	quarterly reports concerning the clients of the employee leasing
715	company and the internal staff of the employee leasing company.
716	As used in this subsection, the term "client" means a party who
717	has contracted with an employee leasing company to provide a
718	worker, or workers, to perform services for the client. Leased
719	employees include employees subsequently placed on the payroll
720	of the employee leasing company on behalf of the client. An
721	employee leasing company must notify the tax collection service
722	provider within 30 days after the initiation or termination of
723	the company's relationship with any client company under chapter
724	468.
725	Section 21.  Paragraph (a) of subsection (10) of section
726	443.101, Florida Statutes, is amended to read:
727	443.101  Disqualification for benefits.-An individual shall
728	be disqualified for benefits:
729	(10)  Subject to the requirements of this subsection, if
730	the claim is made based on the loss of employment as a leased
731	employee for an employee leasing company or as a temporary
732	employee for a temporary help firm.
733	(a)  As used in this subsection, the term:
734	1.  "Temporary help firm" means a firm that hires its own
735	employees and assigns them to clients to support or supplement
736	the client's workforce in work situations such as employee
737	absences, temporary skill shortages, seasonal workloads, and
738	special assignments and projects, and includes a labor pool as
739	defined in s. 448.22. The term also includes a firm created by
740	an entity licensed under s. 125.012(6), which hires employees
741	assigned by a union for the purpose of supplementing or
742	supporting the workforce of the temporary help firm's clients.
743	The term does not include an employee leasing company companies
744	regulated under part XI of chapter 468.
745	2.  "Temporary employee" means an employee assigned to work
746	for the clients of a temporary help firm. The term also includes
747	a day laborer performing day labor, as defined in s. 448.22, who
748	is employed by a labor pool as defined in s. 448.22.
749	3.  "Leased employee" means an employee assigned to work
750	for the clients of an employee leasing company regulated under
751	part XI of chapter 468.
752	Section 22.  Subsection (2) of 448.23, Florida Statutes, is
753	amended, to read:
754	448.23  Exclusions.-Except as specified in ss. 448.22(1)(c)
755	and 448.26, this part does not apply to:
756	(2)  Employee leasing companies, as defined in s.
757	627.192(2)(f) s. 468.520;
758	Section 23.  Section 448.26, Florida Statutes, is amended
759	to read:
760	448.26  Application.-Nothing in This part does not shall
761	exempt any client of any labor pool or temporary help
762	arrangement entity as described defined in s. 627.192(2)(f)1. s.
763	468.520(4)(a) or any assigned employee from any other license
764	requirements of state, local, or federal law. Any employee
765	assigned to a client who is licensed, registered, or certified
766	pursuant to law shall be deemed an employee of the client for
767	such licensure purposes but shall remain an employee of the
768	labor pool or temporary help arrangement entity for purposes of
769	chapters 440 and 443.
770	Section 24.  Paragraph (b) of subsection (5) of section
771	472.003, Florida Statutes, is amended to read:
772	472.003  Persons not affected by ss. 472.001-472.037.-
773	Sections 472.001-472.037 do not apply to:
774	(5)
775	(b)  Persons who are employees of any employee leasing
776	company as defined in s. 627.192(2)(f) licensed pursuant to part
777	XI of chapter 468 and who work as subordinates of a person in
778	responsible charge registered under this chapter.
779	Section 25.  Subsection (1) of section 626.112, Florida
780	Statutes, is amended to read:
781	626.112  License and appointment required; agents, customer
782	representatives, adjusters, insurance agencies, service
783	representatives, managing general agents.-
784	(1)(a)  A No person may not be, act as, or advertise or
785	hold himself or herself out to be an insurance agent, insurance
786	adjuster, or customer representative unless he or she is
787	currently licensed by the department and appointed by an
788	appropriate appointing entity or person.
789	(b)  Except as provided in subsection (6) or in applicable
790	department rules, and in addition to other conduct described in
791	this chapter with respect to particular types of agents, a
792	license as an insurance agent, service representative, customer
793	representative, or limited customer representative is required
794	in order to engage in the solicitation of insurance. For
795	purposes of this requirement, as applicable to any of the
796	license types described in this section, the solicitation of
797	insurance is the attempt to persuade any person to purchase an
798	insurance product by:
799	1.  Describing the benefits or terms of insurance coverage,
800	including premiums or rates of return;
801	2.  Distributing an invitation to contract to prospective
802	purchasers;
803	3.  Making general or specific recommendations as to
804	insurance products;
805	4.  Completing orders or applications for insurance
806	products;
807	5.  Comparing insurance products, advising as to insurance
808	matters, or interpreting policies or coverages; or
809	6.  Offering or attempting to negotiate on behalf of
810	another person a viatical settlement contract as defined in s.
811	626.9911.
812
813	However, an employee leasing company that licensed pursuant to
814	chapter 468 which is seeking to enter into a contract with an
815	employer that identifies products and services offered to
816	employees may deliver proposals for the purchase of employee
817	leasing services to prospective clients of the employee leasing
818	company setting forth the terms and conditions of doing
819	business; classify employees as permitted by s. 468.529; collect
820	information from prospective clients and other sources as
821	necessary to perform due diligence on the prospective client and
822	to prepare a proposal for services; provide and receive
823	enrollment forms, plans, and other documents; and discuss or
824	explain in general terms the conditions, limitations, options,
825	or exclusions of insurance benefit plans available to the client
826	or employees of the employee leasing company were the client to
827	contract with the employee leasing company. Any advertising
828	materials or other documents describing specific insurance
829	coverages must identify and be from a licensed insurer or its
830	licensed agent or a licensed and appointed agent employed by the
831	employee leasing company. The employee leasing company may not
832	advise or inform the prospective business client or individual
833	employees of specific coverage provisions, exclusions, or
834	limitations of particular plans. An As to clients for which the
835	employee leasing company is providing services pursuant to s.
836	468.525(4), the employee leasing company may engage in
837	activities permitted by ss. 626.7315, 626.7845, and 626.8305,
838	subject to the restrictions specified in those sections. If a
839	prospective client requests more specific information concerning
840	the insurance provided by the employee leasing company, the
841	employee leasing company must refer the prospective business
842	client to the insurer or its licensed agent or to a licensed and
843	appointed agent employed by the employee leasing company.
844	Section 26.  Paragraphs (a) through (f) of subsection (2)
845	of section 627.192, Florida Statutes, are redesignated as
846	paragraphs (b) through (g), respectively, present paragraphs (a)
847	and (e) are amended, and a new paragraph (a) is added to that
848	subsection to read:
849	627.192  Workers' compensation insurance; employee leasing
850	arrangements.-
851	(2)  For purposes of the Florida Insurance Code:
852	(a)  "Client company" means a person or entity which
853	contracts with an employee leasing company and is provided
854	employees pursuant to that contract.
855	(b)(a)  "Employee leasing" means an arrangement whereby an
856	employee leasing company assigns its employees to a client
857	company and allocates the direction of and control over the
858	leased employees between the employee leasing company and the
859	client company. The term does not include the following:
860	1.  A temporary help arrangement, whereby an organization
861	hires its own employees and assigns them to a client to support
862	or supplement the client's workforce in special work situations
863	such as employee absences, temporary skill shortages, seasonal
864	workloads, and special assignments and projects.
865	2.  An arrangement in which an organization employs only
866	one category of employees and assigns them to a client to
867	perform a function inherent to that category and which function
868	is separate and divisible from the primary business of the
869	client.
870	3.  A facilities staffing arrangement, whereby an
871	organization assigns its employees to staff, in whole or in
872	part, a specific client function or functions, on an ongoing,
873	indefinite basis, provided that the total number of individuals
874	assigned by that organization under such arrangements comprises
875	no more than 50 percent of the workforce at a client's worksite
876	and provided further that no more than 20 percent of the
877	individuals assigned to staff a particular client function were
878	employed by the client immediately preceding the commencement of
879	the arrangement.
880	4.  An arrangement in which an organization assigns its
881	employees only to a commonly controlled company or group of
882	companies as defined in s. 414 of the Internal Revenue Code and
883	in which the organization does not hold itself out to the public
884	as an employee leasing company.
885	5.  A home health agency licensed under chapter 400, unless
886	otherwise engaged in business as an employee leasing company.
887	6.  A health care services pool licensed under s. 400.980,
888	unless otherwise engaged in business as an employee leasing
889	company shall have the same meaning as set forth in s.
890	468.520(4).
891	(f)(e)  "Lessor" or "employee leasing company" means a sole
892	proprietorship, partnership, corporation, or other form of
893	business entity an employee leasing company, as set forth in
894	part XI of chapter 468, engaged in the business of or holding
895	itself out as being in the business of employee leasing. A
896	lessor may also be referred to as an employee leasing company.
897	Section 27.  Paragraph (i) of subsection (1) of section
898	627.3121, Florida Statutes, is amended to read:
899	627.3121  Public records and public meetings exemptions.-
900	(1)  The following records held by the Florida Workers'
901	Compensation Joint Underwriting Association, Inc., are
902	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
903	of the State Constitution:
904	(i)  Information received from the Department of Revenue
905	regarding payroll information and client lists of employee
906	leasing companies obtained pursuant to s. ss. 440.381 and former
907	s. 468.529.
908	Section 28.  Subsection (1) of section 768.098, Florida
909	Statutes, is amended to read:
910	768.098  Limitation of liability for employee leasing.-
911	(1)  An employer in a joint employment relationship
912	described in s. 627.192(2)(f) is pursuant to s. 468.520 shall
913	not be liable for the tortious actions of another employer in
914	that relationship, or for the tortious actions of any jointly
915	employed employee under that relationship, if provided that:
916	(a)  The employer seeking to avoid liability pursuant to
917	this section did not authorize or direct the tortious action;
918	(b)  The employer seeking to avoid liability pursuant to
919	this section did not have actual knowledge of the tortious
920	conduct and fail to take appropriate action;
921	(c)  The employer seeking to avoid liability pursuant to
922	this section did not have actual control over the day-to-day job
923	duties of the jointly employed employee who has committed a
924	tortious act nor actual control over the portion of a job site
925	at which or from which the tortious conduct arose or at which
926	and from which a jointly employed employee worked, and that said
927	control was assigned to the other employer under the contract;
928	(d)  The employer seeking to avoid liability pursuant to
929	this section is expressly absolved in the written contract
930	forming the joint employment relationship of control over the
931	day-to-day job duties of the jointly employed employee who has
932	committed a tortious act, and actual control over the portion of
933	the job site at which or from which the tortious conduct arose
934	or at which and from which the jointly employed employee worked,
935	and that said control was assigned to the other employer under
936	the contract; and
937	(e)  Complaints, allegations, or incidents of any tortious
938	misconduct or workplace safety violations, regardless of the
939	source, are required to be reported to the employer seeking to
940	avoid liability pursuant to this section by all other joint
941	employers under the written contract forming the joint
942	employment relationship, and that the employer seeking to avoid
943	liability pursuant to this section did not fail to take
944	appropriate action as a result of receiving any such report
945	related to a jointly employed employee who has committed a
946	tortious act.
947	Section 29.  Part XV of chapter 468, Florida Statutes,
948	consisting of sections 468.83, 468.831, 468.8311, 468.8312,
949	468.8313, 468.8314, 468.8315, 468.8316, 468.8317, 468.8318,
950	468.8319, 468.832, 468.8321, 468.8322, 468.8323, 468.8324, and
951	468.8325, is repealed.
952	Section 30.  Paragraphs (a) and (b) of subsection (2) of
953	section 627.0629, Florida Statutes, is amended to read:
954	627.0629  Residential property insurance; rate filings.-
955	(2)(a)  A rate filing for residential property insurance
956	made on or before the implementation of paragraph (b) may
957	include rate factors that reflect the manner in which building
958	code enforcement in a particular jurisdiction addresses the risk
959	of wind damage; however, such a rate filing must also provide
960	for variations from such rate factors on an individual basis
961	based on an inspection of a particular structure by a licensed
962	home inspector, which inspection may be at the cost of the
963	insured.
964	(b)  A rate filing for residential property insurance made
965	more than 150 days after approval by the office of a building
966	code rating factor plan submitted by a statewide rating
967	organization shall include positive and negative rate factors
968	that reflect the manner in which building code enforcement in a
969	particular jurisdiction addresses risk of wind damage. The rate
970	filing shall include variations from standard rate factors on an
971	individual basis based on inspection of a particular structure
972	by a licensed home inspector. If an inspection is requested by
973	the insured, the insurer may require the insured to pay the
974	reasonable cost of the inspection. This paragraph applies to
975	structures constructed or renovated after the implementation of
976	this paragraph.
977	Section 31.  Paragraph (a) of subsection (2) of section
978	627.711, Florida Statutes, is amended to read:
979	627.711  Notice of premium discounts for hurricane loss
980	mitigation; uniform mitigation verification inspection form.-
981	(2)(a)  The Financial Services Commission shall develop by
982	rule a uniform mitigation verification inspection form that
983	shall be used by all insurers when submitted by policyholders
984	for the purpose of factoring discounts for wind insurance. In
985	developing the form, the commission shall seek input from
986	insurance, construction, and building code representatives.
987	Further, the commission shall provide guidance as to the length
988	of time the inspection results are valid. An insurer shall
989	accept as valid a uniform mitigation verification form signed by
990	the following authorized mitigation inspectors:
991	1.  A home inspector licensed under s. 468.8314 who has
992	completed at least 3 hours of hurricane mitigation training
993	which includes hurricane mitigation techniques and compliance
994	with the uniform mitigation verification form and completion of
995	a proficiency exam. Thereafter, home inspectors licensed under
996	s. 468.8314 must complete at least 2 hours of continuing
997	education, as part of the existing licensure renewal
998	requirements each year, related to mitigation inspection and the
999	uniform mitigation form;
1000	1.2.  A building code inspector certified under s. 468.607;
1001	2.3.  A general, building, or residential contractor
1002	licensed under s. 489.111;
1003	3.4.  A professional engineer licensed under s. 471.015;
1004	4.5.  A professional architect licensed under s. 481.213;
1005	or
1006	5.6.  Any other individual or entity recognized by the
1007	insurer as possessing the necessary qualifications to properly
1008	complete a uniform mitigation verification form.
1009	Section 32.  Part XVI of chapter 468, Florida Statutes,
1010	consisting of sections 468.84, 468.841, 468.8411, 468.8412,
1011	468.8413, 468.8414, 468.8415, 468.8416, 468.8417, 468.8418,
1012	468.8419, 468.842, 468.8421, 468.8422, 468.8423, and 468.8424,
1013	is repealed.
1014	Section 33.  Section 455.2123, Florida Statutes, is amended
1015	to read:
1016	455.2123  Continuing education.-A board, or the department
1017	when there is no board, may provide by rule that distance
1018	learning may be used to satisfy continuing education
1019	requirements. A board, or the department when there is no board,
1020	shall approve distance learning courses as an alternative to
1021	classroom courses to satisfy continuing education requirements
1022	provided for in part VIII, part XV, or part XVI of chapter 468
1023	or part I or part II of chapter 475 and may not require
1024	centralized examinations for completion of continuing education
1025	requirements for the professions licensed under part VIII, part
1026	XV, or part XVI of chapter 468 or part I or part II of chapter
1027	475.
1028	Section 34.  Chapter 472, Florida Statutes, consisting of
1029	sections 472.001, 472.003, 472.005, 472.006, 472.007, 472.0075,
1030	472.008, 472.009, 472.0101, 472.011, 472.013, 472.0131,
1031	472.0132, 472.0135, 472.015, 472.016, 472.0165, 472.017,
1032	472.018, 472.019, 472.0201, 472.02011, 472.0202, 472.0203,
1033	472.0204, 472.021, 472.023, 472.025, 472.027, 472.029, 472.031,
1034	472.0335, 472.034, 472.0345, 472.0351, 472.0355, 472.036,
1035	472.0365, and 472.037, Florida Statutes, is repealed.
1036	Section 35.  Subsection (3) of section 161.57, Florida
1037	Statutes, is amended to read:
1038	161.57  Coastal properties disclosure statement.-
1039	(3)  Unless otherwise waived in writing by the purchaser,
1040	at or prior to the closing of any transaction where an interest
1041	in real property located either partially or totally seaward of
1042	the coastal construction control line as defined in s. 161.053
1043	is being transferred, the seller shall provide to the purchaser
1044	an affidavit, or a certified survey meeting the requirements of
1045	chapter 472, delineating the location of the coastal
1046	construction control line on the property being transferred.
1047	Section 36.  Subsections (10) and (21) of section 177.031,
1048	Florida Statutes, are amended to read:
1049	177.031  Definitions.-As used in this part:
1050	(10)  "Professional surveyor and mapper" means a surveyor
1051	and mapper qualified by education and experience to practice
1052	surveying and mapping registered under chapter 472 who is in
1053	good standing with the Board of Professional Surveyors and
1054	Mappers.
1055	(21)  "Legal entity" means an entity that provides
1056	professional surveying and mapping services holds a certificate
1057	of authorization issued under chapter 472, whether the entity is
1058	a corporation, partnership, association, or person practicing
1059	under a fictitious name.
1060	Section 37.  Section 177.36, Florida Statutes, is amended
1061	to read:
1062	177.36  Work to be performed only by authorized personnel.-
1063	The establishment of local tidal datums and the determination of
1064	the location of the mean high-water line or the mean low-water
1065	line must be performed by professional qualified personnel
1066	licensed by the Board of Professional surveyors and mappers or
1067	by representatives of the United States Government when approved
1068	by the department.
1069	Section 38.  Subsection (1) of section 177.503, Florida
1070	Statutes, is amended to read:
1071	177.503  Definitions.-As used in ss. 177.501-177.510, the
1072	following words and terms shall have the meanings indicated
1073	unless the context clearly indicates a different meaning:
1074	(1)  "Professional surveyor and mapper" or "surveyor and
1075	mapper" means a person qualified by education and experience
1076	authorized to practice surveying and mapping under the
1077	provisions of chapter 472.
1078	Section 39.  Section 177.508, Florida Statutes, is
1079	repealed.
1080	Section 40.  Paragraph (a) of subsection (2) and subsection
1081	(6) of section 287.055, Florida Statutes, are amended to read:
1082	287.055  Acquisition of professional architectural,
1083	engineering, landscape architectural, or surveying and mapping
1084	services; definitions; procedures; contingent fees prohibited;
1085	penalties.-
1086	(2)  DEFINITIONS.-For purposes of this section:
1087	(a)  "Professional services" means those services within
1088	the scope of the practice of architecture, professional
1089	engineering, landscape architecture, or professional registered
1090	surveying and mapping, as defined by the laws of the state, or
1091	those performed by any architect, professional engineer,
1092	landscape architect, or professional registered surveyor and
1093	mapper in connection with his or her professional employment or
1094	practice.
1095	(6)  PROHIBITION AGAINST CONTINGENT FEES.-
1096	(a)  Each contract entered into by the agency for
1097	professional services must contain a prohibition against
1098	contingent fees as follows: "The architect (or professional
1099	registered surveyor and mapper or professional engineer, as
1100	applicable) warrants that he or she has not employed or retained
1101	any company or person, other than a bona fide employee working
1102	solely for the architect (or professional registered surveyor
1103	and mapper, or professional engineer, as applicable) to solicit
1104	or secure this agreement and that he or she has not paid or
1105	agreed to pay any person, company, corporation, individual, or
1106	firm, other than a bona fide employee working solely for the
1107	architect (or professional registered surveyor and mapper or
1108	professional engineer, as applicable) any fee, commission,
1109	percentage, gift, or other consideration contingent upon or
1110	resulting from the award or making of this agreement." For the
1111	breach or violation of this provision, the agency shall have the
1112	right to terminate the agreement without liability and, at its
1113	discretion, to deduct from the contract price, or otherwise
1114	recover, the full amount of such fee, commission, percentage,
1115	gift, or consideration.
1116	(b)  Any individual, corporation, partnership, firm, or
1117	company, other than a bona fide employee working solely for an
1118	architect, professional engineer, or professional registered
1119	land surveyor and mapper, who offers, agrees, or contracts to
1120	solicit or secure agency contracts for professional services for
1121	any other individual, company, corporation, partnership, or firm
1122	and to be paid, or is paid, any fee, commission, percentage,
1123	gift, or other consideration contingent upon, or resulting from,
1124	the award or the making of a contract for professional services
1125	shall, upon conviction in a competent court of this state, be
1126	found guilty of a first degree misdemeanor, punishable as
1127	provided in s. 775.082 or s. 775.083.
1128	(c)  Any architect, professional engineer, or professional
1129	registered surveyor and mapper, or any group, association,
1130	company, corporation, firm, or partnership thereof, who offers
1131	to pay, or pays, any fee, commission, percentage, gift, or other
1132	consideration contingent upon, or resulting from, the award or
1133	making of any agency contract for professional services shall,
1134	upon conviction in a state court of competent authority, be
1135	found guilty of a first degree misdemeanor, punishable as
1136	provided in s. 775.082 or s. 775.083.
1137	(d)  Any agency official who offers to solicit or secure,
1138	or solicits or secures, a contract for professional services and
1139	to be paid, or is paid, any fee, commission, percentage, gift,
1140	or other consideration contingent upon the award or making of
1141	such a contract for professional services between the agency and
1142	any individual person, company, firm, partnership, or
1143	corporation shall, upon conviction by a court of competent
1144	authority, be found guilty of a first degree misdemeanor,
1145	punishable as provided in s. 775.082 or s. 775.083.
1146	Section 41.  Subsection (9) of section 334.044, Florida
1147	Statutes, is amended to read:
1148	334.044  Department; powers and duties.-The department
1149	shall have the following general powers and duties:
1150	(9)  To employ and train staff, and to contract with
1151	qualified consultants. For the purposes of chapter chapters 471
1152	and 472, the department shall be considered a firm.
1153	Section 42.  Subsection (2) of section 348.0008, Florida
1154	Statutes, is amended to read:
1155	348.0008  Acquisition of lands and property.-
1156	(2)  An authority and its authorized agents, contractors,
1157	and employees are authorized to enter upon any lands, waters,
1158	and premises, upon giving reasonable notice to the landowner,
1159	for the purpose of making surveys, soundings, drillings,
1160	appraisals, environmental assessments including phase I and
1161	phase II environmental surveys, archaeological assessments, and
1162	such other examinations as are necessary for the acquisition of
1163	private or public property and property rights, including rights
1164	of access, air, view, and light, by gift, devise, purchase, or
1165	condemnation by eminent domain proceedings or as are necessary
1166	for the authority to perform its duties and functions; and any
1167	such entry shall not be deemed a trespass or an entry that would
1168	constitute a taking in an eminent domain proceeding. An
1169	expressway authority shall make reimbursement for any actual
1170	damage to such lands, water, and premises as a result of such
1171	activities. Any entry authorized by this subsection shall be in
1172	compliance with the premises protections and landowner liability
1173	provisions contained in s. 472.029.
1174	Section 43.  Subsection (6) of section 373.421, Florida
1175	Statutes, is amended to read:
1176	373.421  Delineation methods; formal determinations.-
1177	(6)  The district or the department may also issue
1178	nonbinding informal determinations or otherwise institute
1179	determinations on its own initiative as provided by law. A
1180	nonbinding informal determination of the extent of surface
1181	waters and wetlands issued by the South Florida Water Management
1182	District or the Southwest Florida Water Management District,
1183	between July 1, 1989, and the effective date of the methodology
1184	ratified in s. 373.4211, shall be validated by the district if a
1185	petition to validate the nonbinding informal determination is
1186	filed with the district on or before October 1, 1994, provided:
1187	(a)  The petitioner submits the documentation prepared by
1188	the agency, and signed by an agency employee in the course of
1189	the employee's official duties, at the time the nonbinding
1190	informal determination was issued, showing the boundary of the
1191	surface waters or wetlands;
1192	(b)  The request is accompanied by the appropriate fee in
1193	accordance with the fee schedule established by district rule;
1194	(c)  Any supplemental information, such as aerial
1195	photographs and soils maps, is provided as necessary to ensure
1196	an accurate determination;
1197	(d)  District staff verify the delineated surface water or
1198	wetland boundary through site inspection; and
1199	(e)  Following district verification, and adjustment if
1200	necessary, of the boundary of surface waters or wetlands, the
1201	petitioner submits a survey certified pursuant to former chapter
1202	472, which depicts the surface water or wetland boundaries. The
1203	certified survey shall contain a legal description of, and the
1204	acreage contained within, the boundaries of the property for
1205	which the determination is sought. The boundaries must be
1206	witnessed to the property boundaries and must be capable of
1207	being mathematically reproduced from the survey.
1208
1209	Validated informal nonbinding determinations issued by the South
1210	Florida Water Management District and the Southwest Florida
1211	Water Management District shall remain valid for a period of 5
1212	years from the date of validation by the district, as long as
1213	physical conditions on the property do not change so as to alter
1214	the boundaries of surface waters or wetlands. A validation
1215	obtained under this section is final agency action. Sections
1216	120.569 and 120.57 apply to validations under this section.
1217	Section 44.  Subsection (1) of section 403.0877, Florida
1218	Statutes, is amended to read:
1219	403.0877  Certification by professionals regulated by the
1220	Department of Business and Professional Regulation.-
1221	(1)  Nothing in This section does not authorize shall be
1222	construed as specific authority for a water management district
1223	or the department to require certification by a professional
1224	engineer licensed under chapter 471, a professional landscape
1225	architect licensed under part II of chapter 481, or a
1226	professional geologist licensed under chapter 492, or a
1227	professional surveyor and mapper licensed under chapter 472, for
1228	an activity that is not within the definition or scope of
1229	practice of the regulated profession.
1230	Section 45.  Subsection (30) of section 440.02, Florida
1231	Statutes, is amended to read:
1232	440.02  Definitions.-When used in this chapter, unless the
1233	context clearly requires otherwise, the following terms shall
1234	have the following meanings:
1235	(30)  "Construction design professional" means an
1236	architect, professional engineer, or landscape architect, or
1237	surveyor and mapper, or any corporation, professional or
1238	general, that has a certificate to practice in the construction
1239	design field from the Department of Business and Professional
1240	Regulation.
1241	Section 46.  Subsection (6) of section 481.329, Florida
1242	Statutes, is amended to read:
1243	481.329  Exceptions; exemptions from licensure.-
1244	(6)  This part shall not be construed to affect part I of
1245	this chapter or, chapter 471, or chapter 472, respectively,
1246	except that no such person shall use the designation or term
1247	"landscape architect," "landscape architectural," "landscape
1248	architecture," "L.A.," "landscape engineering," or any
1249	description tending to convey the impression that she or he is a
1250	landscape architect, unless she or he is registered as provided
1251	in this part.
1252	Section 47.  Subsection (7) of section 492.102, Florida
1253	Statutes, is amended to read:
1254	492.102  Definitions.-For the purposes of this chapter,
1255	unless the context clearly requires otherwise:
1256	(7)  "Practice of professional geology" means the
1257	performance of, or offer to perform, geological services,
1258	including, but not limited to, consultation, investigation,
1259	evaluation, planning, and geologic mapping, but not including
1260	mapping as prescribed in chapter 472, relating to geological
1261	work, except as specifically exempted by this chapter. Any
1262	person who practices any specialty branch of the profession of
1263	geology, or who by verbal claim, sign, advertisement,
1264	letterhead, card, or any other means represents herself or
1265	himself to be a professional geologist, or who through the use
1266	of some title implies that she or he is a professional geologist
1267	or that she or he is licensed under this chapter, or who holds
1268	herself or himself out as able to perform or does perform any
1269	geological services or work recognized as professional geology,
1270	shall be construed to be engaged in the practice of professional
1271	geology.
1272	Section 48.  Paragraph (a) of subsection (2) of section
1273	497.274, Florida Statutes, is amended to read:
1274	497.274  Standards for grave spaces.-
1275	(2)(a)  Prior to the sale of grave spaces in any
1276	undeveloped areas of a licensed cemetery, the cemetery company
1277	shall prepare a map documenting the establishment of recoverable
1278	internal survey reference markers installed by the cemetery
1279	company no more than 100 feet apart in the areas planned for
1280	development. The internal reference markers shall be established
1281	with reference to survey markers that are no more than 200 feet
1282	apart which have been set by a professional surveyor and mapper
1283	licensed under chapter 472 and documented in a certified land
1284	survey. Both the map and the certified land survey shall be
1285	maintained by the cemetery company and shall be made available
1286	upon request to the department or members of the public.
1287	Section 49.  Subsection (4) of section 556.108, Florida
1288	Statutes, is amended to read:
1289	556.108  Exemptions.-The notification requirements provided
1290	in s. 556.105(1) do not apply to:
1291	(4)  Any excavation of 18 inches or less for:
1292	(a)  Surveying public or private property by professional
1293	surveyors or mappers as defined in chapter 472 and services
1294	performed by a pest control licensee under chapter 482,
1295	excluding marked rights-of-way, marked easements, or permitted
1296	uses where marked, if mechanized equipment is not used in the
1297	process of such surveying or pest control services and the
1298	surveying or pest control services are performed in accordance
1299	with the practice rules established under s. 472.027 or s.
1300	482.051, respectively;
1301	(b)  Maintenance activities performed by a state agency and
1302	its employees when such activities are within the right-of-way
1303	of a public road; however, if a member operator has permanently
1304	marked facilities on such right-of-way, mechanized equipment may
1305	not be used without first providing notification; or
1306	(c)  Locating, repairing, connecting, adjusting, or routine
1307	maintenance of a private or public underground utility facility
1308	by an excavator, if the excavator is performing such work for
1309	the current owner or future owner of the underground facility
1310	and if mechanized equipment is not used.
1311	Section 50.  Paragraph (e) of subsection (4) of section
1312	718.104, Florida Statutes, is amended to read:
1313	718.104  Creation of condominiums; contents of
1314	declaration.-Every condominium created in this state shall be
1315	created pursuant to this chapter.
1316	(4)  The declaration must contain or provide for the
1317	following matters:
1318	(e)  A certified survey of the land which meets the minimum
1319	technical standards set forth by the Board of Professional
1320	Surveyors and Mappers, pursuant to s. 472.027, and a graphic
1321	description of the improvements in which units are located and a
1322	plot plan thereof that, together with the declaration, are in
1323	sufficient detail to identify the common elements and each unit
1324	and their relative locations and approximate dimensions. Failure
1325	of the survey to meet minimum technical standards shall not
1326	invalidate an otherwise validly created condominium. The survey,
1327	graphic description, and plot plan may be in the form of
1328	exhibits consisting of building plans, floor plans, maps,
1329	surveys, or sketches. If the construction of the condominium is
1330	not substantially completed, there shall be a statement to that
1331	effect, and, upon substantial completion of construction, the
1332	developer or the association shall amend the declaration to
1333	include the certificate described below. The amendment may be
1334	accomplished by referring to the recording data of a survey of
1335	the condominium that complies with the certificate. A
1336	certificate of a professional surveyor and mapper authorized to
1337	practice in this state shall be included in or attached to the
1338	declaration or the survey or graphic description as recorded
1339	under s. 718.105 that the construction of the improvements is
1340	substantially complete so that the material, together with the
1341	provisions of the declaration describing the condominium
1342	property, is an accurate representation of the location and
1343	dimensions of the improvements and so that the identification,
1344	location, and dimensions of the common elements and of each unit
1345	can be determined from these materials. Completed units within
1346	each substantially completed building in a condominium
1347	development may be conveyed to purchasers, notwithstanding that
1348	other buildings in the condominium are not substantially
1349	completed, provided that all planned improvements, including,
1350	but not limited to, landscaping, utility services and access to
1351	the unit, and common-element facilities serving such building,
1352	as set forth in the declaration, are first completed and the
1353	declaration of condominium is first recorded and provided that
1354	as to the units being conveyed there is a certificate of a
1355	professional surveyor and mapper as required above, including
1356	certification that all planned improvements, including, but not
1357	limited to, landscaping, utility services and access to the
1358	unit, and common-element facilities serving the building in
1359	which the units to be conveyed are located have been
1360	substantially completed, and such certificate is recorded with
1361	the original declaration or as an amendment to such declaration.
1362	This section shall not, however, operate to require development
1363	of improvements and amenities declared to be included in future
1364	phases pursuant to s. 718.403 prior to conveying a unit as
1365	provided herein. For the purposes of this section, a
1366	"certificate of a professional surveyor and mapper" means
1367	certification by a professional surveyor and mapper in the form
1368	provided herein and may include, along with certification by a
1369	professional surveyor and mapper, when appropriate,
1370	certification by an architect or engineer authorized to practice
1371	in this state. Notwithstanding the requirements of substantial
1372	completion provided in this section, nothing contained herein
1373	shall prohibit or impair the validity of a mortgage encumbering
1374	units together with an undivided interest in the common elements
1375	as described in a declaration of condominium recorded prior to
1376	the recording of a certificate of a surveyor and mapper as
1377	provided herein.
1378	Section 51.  Subsection (4) of section 725.08, Florida
1379	Statutes, is amended to read:
1380	725.08  Design professional contracts; limitation in
1381	indemnification.-
1382	(4)  "Design professional" means an architect, individual
1383	or entity licensed by the state who holds a current certificate
1384	of registration under chapter 481 to practice architecture or
1385	landscape architect, professional surveyor and mapper, or
1386	engineer architecture, under chapter 472 to practice land
1387	surveying and mapping, or under chapter 471 to practice
1388	engineering, and who enters into a professional services
1389	contract.
1390	Section 52.  Subsection (5) of section 810.12, Florida
1391	Statutes, is amended to read:
1392	810.12  Unauthorized entry on land; prima facie evidence of
1393	trespass.-
1394	(5)  However, this section shall not apply to any official
1395	or employee of the state or a county, municipality, or other
1396	governmental agency now authorized by law to enter upon lands or
1397	to registered engineers and professional surveyors and mappers
1398	authorized to enter lands pursuant to s. ss. 471.027 and
1399	472.029. The provisions of this section shall not apply to the
1400	trimming or cutting of trees or timber by municipal or private
1401	public utilities, or their employees, contractors, or
1402	subcontractors, when such trimming is required for the
1403	establishment or maintenance of the service furnished by any
1404	such utility.
1405	Section 53.  Section 477.0132, Florida Statutes, is amended
1406	to read:
1407	(Substantial rewording of section. See
1408	s. 477.0132, F.S., for present text.)
1409	477.0132  Hair braiding, hair wrapping, and body wrapping
1410	registration; application of chapter.-This chapter does not
1411	apply to a person whose occupation or practice is confined
1412	solely to hair braiding, hair wrapping, or body wrapping.
1413	Section 54.  Subsection (7) of section 477.019, Florida
1414	Statutes, is amended to read:
1415	477.019  Cosmetologists; qualifications; licensure;
1416	supervised practice; license renewal; endorsement; continuing
1417	education.-
1418	(7)(a)  The board shall prescribe by rule continuing
1419	education requirements intended to ensure protection of the
1420	public through updated training of licensees and registered
1421	specialists, not to exceed 16 hours biennially, as a condition
1422	for renewal of a license or registration as a specialist under
1423	this chapter. Continuing education courses shall include, but
1424	not be limited to, the following subjects as they relate to the
1425	practice of cosmetology: human immunodeficiency virus and
1426	acquired immune deficiency syndrome; Occupational Safety and
1427	Health Administration regulations; workers' compensation issues;
1428	state and federal laws and rules as they pertain to
1429	cosmetologists, cosmetology, salons, specialists, specialty
1430	salons, and booth renters; chemical makeup as it pertains to
1431	hair, skin, and nails; and environmental issues. Courses given
1432	at cosmetology conferences may be counted toward the number of
1433	continuing education hours required if approved by the board.
1434	(b)  Any person whose occupation or practice is confined
1435	solely to hair braiding, hair wrapping, or body wrapping is
1436	exempt from the continuing education requirements of this
1437	subsection.
1438	(b)(c)  The board may, by rule, require any licensee in
1439	violation of a continuing education requirement to take a
1440	refresher course or refresher course and examination in addition
1441	to any other penalty. The number of hours for the refresher
1442	course may not exceed 48 hours.
1443	Section 55.  Paragraph (f) of subsection (1) of section
1444	477.026, Florida Statutes, is amended to read:
1445	477.026  Fees; disposition.-
1446	(1)  The board shall set fees according to the following
1447	schedule:
1448	(f)  For hair braiders, hair wrappers, and body wrappers,
1449	fees for registration shall not exceed $25.
1450	Section 56.  Paragraph (g) of subsection (1) of section
1451	477.0265, Florida Statutes, is amended to read:
1452	477.0265  Prohibited acts.-
1453	(1)  It is unlawful for any person to:
1454	(g)  Advertise or imply that skin care services or body
1455	wrapping, as performed under this chapter, have any relationship
1456	to the practice of massage therapy as defined in s. 480.033(3),
1457	except those practices or activities defined in s. 477.013.
1458	Section 57.  Paragraphs (a) of subsection (1) of section
1459	477.029, Florida Statutes, is amended to read:
1460	477.029  Penalty.-
1461	(1)  It is unlawful for any person to:
1462	(a)  Hold himself or herself out as a cosmetologist or,
1463	specialist, hair wrapper, hair braider, or body wrapper unless
1464	duly licensed, or registered, or otherwise authorized, as
1465	provided in this chapter.
1466	Section 58.  Sections 481.2131 and 481.2251, Florida
1467	Statutes, are repealed.
1468	Section 59.  Section 481.201, Florida Statutes, is amended
1469	to read:
1470	481.201  Purpose.-The primary legislative purpose for
1471	enacting this part is to ensure that every architect practicing
1472	in this state meets minimum requirements for safe practice. It
1473	is the legislative intent that architects who fall below minimum
1474	competency or who otherwise present a danger to the public shall
1475	be prohibited from practicing in this state. The Legislature
1476	further finds that it is in the interest of the public to limit
1477	the practice of interior design to interior designers or
1478	architects who have the design education and training required
1479	by this part or to persons who are exempted from the provisions
1480	of this part.
1481	Section 60.  Section 481.203, Florida Statutes, is amended
1482	to read:
1483	481.203  Definitions.-As used in this part, the term:
1484	(1)(3)  "Architect" or "registered architect" means a
1485	natural person who is licensed under this part to engage in the
1486	practice of architecture.
1487	(2)(6)  "Architecture" means the rendering or offering to
1488	render services in connection with the design and construction
1489	of a structure or group of structures which have as their
1490	principal purpose human habitation or use, and the utilization
1491	of space within and surrounding such structures, and interior
1492	design. These services include planning, providing preliminary
1493	study designs, drawings and specifications, job-site inspection,
1494	and administration of construction contracts.
1495	(3)(1)  "Board" means the Board of Architecture and
1496	Interior Design.
1497	(4)(5)  "Certificate of authorization" means a certificate
1498	issued by the department to a corporation or partnership to
1499	practice architecture or interior design.
1500	(5)(4)  "Certificate of registration" means a license
1501	issued by the department to a natural person to engage in the
1502	practice of architecture or interior design.
1503	(6)(2)  "Department" means the Department of Business and
1504	Professional Regulation.
1505	(7)(15)  "Interior decorator services" includes the
1506	selection or assistance in selection of surface materials,
1507	window treatments, wallcoverings, paint, floor coverings,
1508	surface-mounted lighting, surface-mounted fixtures, and loose
1509	furnishings not subject to regulation under applicable building
1510	codes.
1511	(8)  "Interior design" means designs, consultations,
1512	studies, drawings, specifications, and administration of design
1513	construction contracts relating to nonstructural interior
1514	elements of a building or structure. "Interior design" includes,
1515	but is not limited to, reflected ceiling plans, space planning,
1516	furnishings, and the fabrication of nonstructural elements
1517	within and surrounding interior spaces of buildings. "Interior
1518	design" specifically excludes the design of or the
1519	responsibility for architectural and engineering work, except
1520	for specification of fixtures and their location within interior
1521	spaces. As used in this subsection, "architectural and
1522	engineering interior construction relating to the building
1523	systems" includes, but is not limited to, construction of
1524	structural, mechanical, plumbing, heating, air-conditioning,
1525	ventilating, electrical, or vertical transportation systems, or
1526	construction which materially affects lifesafety systems
1527	pertaining to firesafety protection such as fire-rated
1528	separations between interior spaces, fire-rated vertical shafts
1529	in multistory structures, fire-rated protection of structural
1530	elements, smoke evacuation and compartmentalization, emergency
1531	ingress or egress systems, and emergency alarm systems.
1532	(9)  "Registered interior designer" or "interior designer"
1533	means a natural person who is licensed under this part.
1534	(10)  "Nonstructural element" means an element which does
1535	not require structural bracing and which is something other than
1536	a load-bearing wall, load-bearing column, or other load-bearing
1537	element of a building or structure which is essential to the
1538	structural integrity of the building.
1539	(11)  "Reflected ceiling plan" means a ceiling design plan
1540	which is laid out as if it were projected downward and which may
1541	include lighting and other elements.
1542	(12)  "Space planning" means the analysis, programming, or
1543	design of spatial requirements, including preliminary space
1544	layouts and final planning.
1545	(13)  "Common area" means an area that is held out for use
1546	by all tenants or owners in a multiple-unit dwelling, including,
1547	but not limited to, a lobby, elevator, hallway, laundry room,
1548	clubhouse, or swimming pool.
1549	(14)  "Diversified interior design experience" means
1550	experience which substantially encompasses the various elements
1551	of interior design services set forth under the definition of
1552	"interior design" in subsection (8).
1553	(8)(16)  "Responsible supervising control" means the
1554	exercise of direct personal supervision and control throughout
1555	the preparation of documents, instruments of service, or any
1556	other work requiring the seal and signature of a licensee under
1557	this part.
1558	(9)(12)  "Space planning" means the analysis, programming,
1559	or design of spatial requirements, including preliminary space
1560	layouts and final planning.
1561	(10)(7)  "Townhouse" is a single-family dwelling unit not
1562	exceeding three stories in height which is constructed in a
1563	series or group of attached units with property lines separating
1564	such units. Each townhouse shall be considered a separate
1565	building and shall be separated from adjoining townhouses by the
1566	use of separate exterior walls meeting the requirements for zero
1567	clearance from property lines as required by the type of
1568	construction and fire protection requirements; or shall be
1569	separated by a party wall; or may be separated by a single wall
1570	meeting the following requirements:
1571	(a)  Such wall shall provide not less than 2 hours of fire
1572	resistance. Plumbing, piping, ducts, or electrical or other
1573	building services shall not be installed within or through the
1574	2-hour wall unless such materials and methods of penetration
1575	have been tested in accordance with the Standard Building Code.
1576	(b)  Such wall shall extend from the foundation to the
1577	underside of the roof sheathing, and the underside of the roof
1578	shall have at least 1 hour of fire resistance for a width not
1579	less than 4 feet on each side of the wall.
1580	(c)  Each dwelling unit sharing such wall shall be designed
1581	and constructed to maintain its structural integrity independent
1582	of the unit on the opposite side of the wall.
1583	Section 61.  Subsection (1) and paragraph (a) of subsection
1584	(3) of section 481.205, Florida Statutes, are amended to read:
1585	481.205  Board of Architecture and Interior Design.-
1586	(1)  The Board of Architecture and Interior Design is
1587	created within the Department of Business and Professional
1588	Regulation. The board shall consist of seven 11 members. Five
1589	members must be registered architects who have been engaged in
1590	the practice of architecture for at least 5 years; three members
1591	must be registered interior designers who have been offering
1592	interior design services for at least 5 years and who are not
1593	also registered architects; and two three members must be
1594	laypersons who are not, and have never been, architects,
1595	interior designers, or members of any closely related profession
1596	or occupation. At least one member of the board must be 60 years
1597	of age or older.
1598	(3)(a)  Notwithstanding the provisions of ss. 455.225,
1599	455.228, and 455.32, the duties and authority of the department
1600	to receive complaints and investigate and discipline persons
1601	licensed under this part, including the ability to determine
1602	legal sufficiency and probable cause; to initiate proceedings
1603	and issue final orders for summary suspension or restriction of
1604	a license pursuant to s. 120.60(6); to issue notices of
1605	noncompliance, notices to cease and desist, subpoenas, and
1606	citations; to retain legal counsel, investigators, or
1607	prosecutorial staff in connection with the licensed practice of
1608	architecture and interior design; and to investigate and deter
1609	the unlicensed practice of architecture and interior design as
1610	provided in s. 455.228 are delegated to the board. All
1611	complaints and any information obtained pursuant to an
1612	investigation authorized by the board are confidential and
1613	exempt from s. 119.07(1) as provided in s. 455.225(2) and (10).
1614	Section 62.  Section 481.207, Florida Statutes, is amended
1615	to read:
1616	481.207  Fees.-The board, by rule, may establish separate
1617	fees for architects and interior designers, to be paid for
1618	applications, examination, reexamination, licensing and renewal,
1619	delinquency, reinstatement, and recordmaking and recordkeeping.
1620	The examination fee shall be in an amount that covers the cost
1621	of obtaining and administering the examination and shall be
1622	refunded if the applicant is found ineligible to sit for the
1623	examination. The application fee is nonrefundable. The fee for
1624	initial application and examination for architects and interior
1625	designers may not exceed $775 plus the actual per applicant cost
1626	to the department for purchase of the examination from the
1627	National Council of Architectural Registration Boards or the
1628	National Council of Interior Design Qualifications,
1629	respectively, or similar national organizations. The biennial
1630	renewal fee for architects may not exceed $200. The biennial
1631	renewal fee for interior designers may not exceed $500. The
1632	delinquency fee may not exceed the biennial renewal fee
1633	established by the board for an active license. The board shall
1634	establish fees that are adequate to ensure the continued
1635	operation of the board and to fund the proportionate expenses
1636	incurred by the department which are allocated to the regulation
1637	of architects and interior designers. Fees shall be based on
1638	department estimates of the revenue required to implement this
1639	part and the provisions of law with respect to the regulation of
1640	architects and interior designers.
1641	Section 63.  Section 481.209, Florida Statutes, is amended
1642	to read:
1643	481.209  Examinations.-
1644	(1)  A person desiring to be licensed as a registered
1645	architect shall apply to the department to take the licensure
1646	examination. The department shall administer the licensure
1647	examination for architects to each applicant who the board
1648	certifies:
1649	(1)(a)  Has completed the application form and remitted a
1650	nonrefundable application fee and an examination fee which is
1651	refundable if the applicant is found to be ineligible to take
1652	the examination;
1653	(2)(a)(b)1.  Is a graduate of a school or college of
1654	architecture accredited by the National Architectural
1655	Accreditation Board; or
1656	(b)2.  Is a graduate of an approved architectural
1657	curriculum, evidenced by a degree from an unaccredited school or
1658	college of architecture approved by the board. The board shall
1659	adopt rules providing for the review and approval of
1660	unaccredited schools and colleges of architecture and courses of
1661	architectural study based on a review and inspection by the
1662	board of the curriculum of accredited schools and colleges of
1663	architecture in the United States; and
1664	(3)(c)  Has completed, prior to examination, 1 year of the
1665	internship experience required by s. 481.211(1).
1666	(2)  A person desiring to be licensed as a registered
1667	interior designer shall apply to the department for licensure.
1668	The department shall administer the licensure examination for
1669	interior designers to each applicant who has completed the
1670	application form and remitted the application and examination
1671	fees specified in s. 481.207 and who the board certifies:
1672	(a)  Is a graduate from an interior design program of 5
1673	years or more and has completed 1 year of diversified interior
1674	design experience;
1675	(b)  Is a graduate from an interior design program of 4
1676	years or more and has completed 2 years of diversified interior
1677	design experience;
1678	(c)  Has completed at least 3 years in an interior design
1679	curriculum and has completed 3 years of diversified interior
1680	design experience; or
1681	(d)  Is a graduate from an interior design program of at
1682	least 2 years and has completed 4 years of diversified interior
1683	design experience.
1684
1685	Subsequent to October 1, 2000, for the purpose of having the
1686	educational qualification required under this subsection
1687	accepted by the board, the applicant must complete his or her
1688	education at a program, school, or college of interior design
1689	whose curriculum has been approved by the board as of the time
1690	of completion. Subsequent to October 1, 2003, all of the
1691	required amount of educational credits shall have been obtained
1692	in a program, school, or college of interior design whose
1693	curriculum has been approved by the board, as of the time each
1694	educational credit is gained. The board shall adopt rules
1695	providing for the review and approval of programs, schools, and
1696	colleges of interior design and courses of interior design study
1697	based on a review and inspection by the board of the curriculum
1698	of programs, schools, and colleges of interior design in the
1699	United States, including those programs, schools, and colleges
1700	accredited by the Foundation for Interior Design Education
1701	Research. The board shall adopt rules providing for the review
1702	and approval of diversified interior design experience required
1703	by this subsection.
1704	Section 64.  Subsection (2) of section 481.211, Florida
1705	Statutes, is amended to read:
1706	481.211  Architecture internship required.-
1707	(2)  Each applicant for licensure shall complete 1 year of
1708	the internship experience required by this section subsequent to
1709	graduation from a school or college of architecture as defined
1710	in s. 481.209(1).
1711	Section 65.  Subsections (1) through (4) of section
1712	481.213, Florida Statutes, are amended to read:
1713	481.213  Licensure.-
1714	(1)  The department shall license any applicant who the
1715	board certifies is qualified for licensure and who has paid the
1716	initial licensure fee. Licensure as an architect under this
1717	section shall be deemed to include all the rights and privileges
1718	of licensure as an interior designer under this section.
1719	(2)  The board shall certify for licensure by examination
1720	any applicant who passes the prescribed licensure examination
1721	and satisfies the requirements of ss. 481.209 and 481.211, for
1722	architects, or the requirements of s. 481.209, for interior
1723	designers.
1724	(3)  The board shall certify as qualified for a license by
1725	endorsement as an architect or as an interior designer an
1726	applicant who:
1727	(a)  Qualifies to take the prescribed licensure
1728	examination, and has passed the prescribed licensure examination
1729	or a substantially equivalent examination in another
1730	jurisdiction, as set forth in s. 481.209 for architects or
1731	interior designers, as applicable, and has satisfied the
1732	internship requirements set forth in s. 481.211 for architects;
1733	(b)  Holds a valid license to practice architecture or
1734	interior design issued by another jurisdiction of the United
1735	States, if the criteria for issuance of such license were
1736	substantially equivalent to the licensure criteria that existed
1737	in this state at the time the license was issued; provided,
1738	however, that an applicant who has been licensed for use of the
1739	title "interior design" rather than licensed to practice
1740	interior design shall not qualify hereunder; or
1741	(c)  Has passed the prescribed licensure examination and
1742	holds a valid certificate issued by the National Council of
1743	Architectural Registration Boards, and holds a valid license to
1744	practice architecture issued by another state or jurisdiction of
1745	the United States. For the purposes of this paragraph, any
1746	applicant licensed in another state or jurisdiction after June
1747	30, 1984, must also hold a degree in architecture and such
1748	degree must be equivalent to that required in s.
1749	481.209(2)(1)(b). Also for the purposes of this paragraph, any
1750	applicant licensed in another state or jurisdiction after June
1751	30, 1985, must have completed an internship equivalent to that
1752	required by s. 481.211 and any rules adopted with respect
1753	thereto.
1754	(4)  The board may refuse to certify any applicant who has
1755	violated any of the provisions of s. 481.223, or s. 481.225, or
1756	s. 481.2251, as applicable.
1757	Section 66.  Subsections (3) and (5) of section 481.215,
1758	Florida Statutes, are amended to read:
1759	481.215  Renewal of license.-
1760	(3)  A No license renewal may not shall be issued to an
1761	architect or an interior designer by the department until the
1762	licensee submits proof satisfactory to the department that,
1763	during the 2 years before prior to application for renewal, the
1764	licensee participated per biennium in not less than 20 hours of
1765	at least 50 minutes each per biennium of continuing education
1766	approved by the board. The board shall approve only continuing
1767	education that builds upon the basic knowledge of architecture
1768	or interior design. The board may make exception from the
1769	requirements of continuing education in emergency or hardship
1770	cases.
1771	(5)  The board shall require, by rule adopted pursuant to
1772	ss. 120.536(1) and 120.54, a specified number of hours in
1773	specialized or advanced courses, approved by the Florida
1774	Building Commission, on any portion of the Florida Building
1775	Code, adopted pursuant to part IV of chapter 553, relating to
1776	the licensee's respective area of practice.
1777	Section 67.  Subsection (1) of section 481.217, Florida
1778	Statutes, is amended to read:
1779	481.217  Inactive status.-
1780	(1)  The board may prescribe by rule continuing education
1781	requirements as a condition of reactivating a license. The
1782	continuing education requirements for reactivating a license for
1783	a registered architect may not exceed 12 contact hours for each
1784	year the license was inactive. The minimum continuing education
1785	requirement for reactivating a license for a registered interior
1786	designer shall be those of the most recent biennium plus one-
1787	half of the requirements in s. 481.215 for each year or part
1788	thereof during which the license was inactive. The board shall
1789	only approve continuing education that builds upon the basic
1790	knowledge of interior design.
1791	Section 68.  Section 481.219, Florida Statutes, is amended
1792	to read:
1793	481.219  Certification of partnerships, limited liability
1794	companies, and corporations.-
1795	(1)  The practice of or the offer to practice architecture
1796	or interior design by licensees through a corporation, limited
1797	liability company, or partnership offering architectural or
1798	interior design services to the public, or by a corporation,
1799	limited liability company, or partnership offering architectural
1800	or interior design services to the public through licensees
1801	under this part as agents, employees, officers, or partners, is
1802	permitted, subject to the provisions of this section.
1803	(2)  For the purposes of this section, a certificate of
1804	authorization is shall be required for a corporation, limited
1805	liability company, partnership, or person practicing under a
1806	fictitious name, offering architectural services to the public
1807	jointly or separately. However, when an individual is practicing
1808	architecture in her or his own name, she or he is shall not be
1809	required to be certified under this section. Certification under
1810	this subsection to offer architectural services shall include
1811	all the rights and privileges of certification under subsection
1812	(3) to offer interior design services.
1813	(3)  For the purposes of this section, a certificate of
1814	authorization shall be required for a corporation, limited
1815	liability company, partnership, or person operating under a
1816	fictitious name, offering interior design services to the public
1817	jointly or separately. However, when an individual is practicing
1818	interior design in her or his own name, she or he shall not be
1819	required to be certified under this section.
1820	(3)(4)  All final construction documents and instruments of
1821	service which include drawings, specifications, plans, reports,
1822	or other papers or documents involving the practice of
1823	architecture which are prepared or approved for the use of the
1824	corporation, limited liability company, or partnership and filed
1825	for public record within the state shall bear the signature and
1826	seal of the licensee who prepared or approved them and the date
1827	on which they were sealed.
1828	(5)  All drawings, specifications, plans, reports, or other
1829	papers or documents prepared or approved for the use of the
1830	corporation, limited liability company, or partnership by an
1831	interior designer in her or his professional capacity and filed
1832	for public record within the state shall bear the signature and
1833	seal of the licensee who prepared or approved them and the date
1834	on which they were sealed.
1835	(4)(6)  The department shall issue a certificate of
1836	authorization to any applicant who the board certifies as
1837	qualified for a certificate of authorization and who has paid
1838	the fee set in s. 481.207.
1839	(5)(7)  The board shall certify an applicant as qualified
1840	for a certificate of authorization to offer architectural or
1841	interior design services, provided that:
1842	(a)  one or more of the principal officers of the
1843	corporation or limited liability company, or one or more
1844	partners of the partnership, and all personnel of the
1845	corporation, limited liability company, or partnership who act
1846	in its behalf in this state as architects, are registered as
1847	provided by this part; or
1848	(b)  One or more of the principal officers of the
1849	corporation or one or more partners of the partnership, and all
1850	personnel of the corporation, limited liability company, or
1851	partnership who act in its behalf in this state as interior
1852	designers, are registered as provided by this part.
1853	(6)(8)  The department shall adopt rules establishing a
1854	procedure for the biennial renewal of certificates of
1855	authorization.
1856	(7)(9)  The department shall renew a certificate of
1857	authorization upon receipt of the renewal application and
1858	biennial renewal fee.
1859	(8)(10)  Each partnership, limited liability company, and
1860	corporation certified under this section shall notify the
1861	department within 30 days of any change in the information
1862	contained in the application upon which the certification is
1863	based. Any registered architect or interior designer who
1864	qualifies the corporation, limited liability company, or
1865	partnership as provided in subsection (6) (7) shall be
1866	responsible for ensuring responsible supervising control of
1867	projects of the entity and upon termination of her or his
1868	employment with a partnership, limited liability company, or
1869	corporation certified under this section shall notify the
1870	department of the termination within 30 days.
1871	(9)(11)  A No corporation, limited liability company, or
1872	partnership may not shall be relieved of responsibility for the
1873	conduct or acts of its agents, employees, or officers by reason
1874	of its compliance with this section. However, the architect who
1875	signs and seals the construction documents and instruments of
1876	service is shall be liable for the professional services
1877	performed, and the interior designer who signs and seals the
1878	interior design drawings, plans, or specifications shall be
1879	liable for the professional services performed.
1880	(10)(12)  Disciplinary action against a corporation,
1881	limited liability company, or partnership shall be administered
1882	in the same manner and on the same grounds as disciplinary
1883	action against a registered architect or interior designer,
1884	respectively.
1885	(11)(13)  Nothing in This section does not shall be
1886	construed to mean that a certificate of registration to practice
1887	architecture or interior design shall be held by a corporation,
1888	limited liability company, or partnership. Nothing in This
1889	section does not prohibit prohibits corporations, limited
1890	liability companies, and partnerships from joining together to
1891	offer architectural, engineering, interior design, surveying and
1892	mapping, and landscape architectural services, or any
1893	combination of such services, to the public, provided that each
1894	corporation, limited liability company, or partnership otherwise
1895	meets the requirements of law.
1896	(14)  Corporations, limited liability companies, or
1897	partnerships holding a valid certificate of authorization to
1898	practice architecture shall be permitted to use in their title
1899	the term "interior designer" or "registered interior designer."
1900	Section 69.  Section 481.221, Florida Statutes, is amended
1901	to read:
1902	481.221  Seals; display of certificate number.-
1903	(1)  The board shall prescribe, by rule, one or more forms
1904	of seals to be used by registered architects holding valid
1905	certificates of registration.
1906	(2)  Each registered architect shall obtain one seal in a
1907	form approved by rule of the board and may, in addition,
1908	register her or his seal electronically in accordance with ss.
1909	668.001-668.006. All final construction documents and
1910	instruments of service which include drawings, plans,
1911	specifications, or reports prepared or issued by the registered
1912	architect and being filed for public record shall bear the
1913	signature and seal of the registered architect who prepared or
1914	approved the document and the date on which they were sealed.
1915	The signature, date, and seal shall be evidence of the
1916	authenticity of that to which they are affixed. Final plans,
1917	specifications, or reports prepared or issued by a registered
1918	architect may be transmitted electronically and may be signed by
1919	the registered architect, dated, and sealed electronically with
1920	the seal in accordance with ss. 668.001-668.006.
1921	(3)  The board shall adopt a rule prescribing the
1922	distinctly different seals to be used by registered interior
1923	designers holding valid certificates of registration. Each
1924	registered interior designer shall obtain a seal as prescribed
1925	by the board, and all drawings, plans, specifications, or
1926	reports prepared or issued by the registered interior designer
1927	and being filed for public record shall bear the signature and
1928	seal of the registered interior designer who prepared or
1929	approved the document and the date on which they were sealed.
1930	The signature, date, and seal shall be evidence of the
1931	authenticity of that to which they are affixed. Final plans,
1932	specifications, or reports prepared or issued by a registered
1933	interior designer may be transmitted electronically and may be
1934	signed by the registered interior designer, dated, and sealed
1935	electronically with the seal in accordance with ss. 668.001-
1936	668.006.
1937	(3)(4)  No registered architect shall affix, or permit to
1938	be affixed, her or his seal or signature to any final
1939	construction document or instrument of service which includes
1940	any plan, specification, drawing, or other document which
1941	depicts work which she or he is not competent to perform.
1942	(5)  No registered interior designer shall affix, or permit
1943	to be affixed, her or his seal or signature to any plan,
1944	specification, drawing, or other document which depicts work
1945	which she or he is not competent or licensed to perform.
1946	(7)  No registered interior designer shall affix her or his
1947	signature or seal to any plans, specifications, or other
1948	documents which were not prepared by her or him or under her or
1949	his responsible supervising control or by another registered
1950	interior designer and reviewed, approved, or modified and
1951	adopted by her or him as her or his own work according to rules
1952	adopted by the board.
1953	(9)  Studies, drawings, specifications, and other related
1954	documents prepared by a registered interior designer in
1955	providing interior design services shall be of a sufficiently
1956	high standard to clearly and accurately indicate all essential
1957	parts of the work to which they refer.
1958	(4)(10)  Each registered architect and each or interior
1959	designer, and each corporation, limited liability company, or
1960	partnership holding a certificate of authorization, shall
1961	include its certificate number in any newspaper, telephone
1962	directory, or other advertising medium used by the registered
1963	architect, interior designer, corporation, limited liability
1964	company, or partnership. A corporation, limited liability
1965	company, or partnership is not required to display the
1966	certificate number of individual registered architects or
1967	interior designers employed by or working within the
1968	corporation, limited liability company, or partnership.
1969	(5)(11)  When the certificate of registration of a
1970	registered architect or interior designer has been revoked or
1971	suspended by the board, the registered architect or interior
1972	designer shall surrender her or his seal to the secretary of the
1973	board within a period of 30 days after the revocation or
1974	suspension has become effective. If the certificate of the
1975	registered architect or interior designer has been suspended for
1976	a period of time, her or his seal shall be returned to her or
1977	him upon expiration of the suspension period.
1978	(6)(12)  A person may not sign and seal by any means any
1979	final plan, specification, or report after her or his
1980	certificate of registration has expired or is suspended or
1981	revoked. A registered architect or interior designer whose
1982	certificate of registration is suspended or revoked shall,
1983	within 30 days after the effective date of the suspension or
1984	revocation, surrender her or his seal to the executive director
1985	of the board and confirm in writing to the executive director
1986	the cancellation of the registered architect's or interior
1987	designer's electronic signature in accordance with ss. 668.001-
1988	668.006. When a registered architect's or interior designer's
1989	certificate of registration is suspended for a period of time,
1990	her or his seal shall be returned upon expiration of the period
1991	of suspension.
1992	Section 70.  Section 481.222, Florida Statutes, is amended
1993	to read:
1994	481.222  Architects performing building code inspection
1995	services.-Notwithstanding any other provision of law, a person
1996	who is currently licensed to practice as an architect under this
1997	part may provide building code inspection services described in
1998	s. 468.603(6) and (7) to a local government or state agency upon
1999	its request, without being certified by the Florida Building
2000	Code Administrators and Inspectors Board under part XII of
2001	chapter 468. With respect to the performance of such building
2002	code inspection services, the architect is subject to the
2003	disciplinary guidelines of this part and s. 468.621(1)(c)-(h).
2004	Any complaint processing, investigation, and discipline that
2005	arise out of an architect's performance of building code
2006	inspection services shall be conducted by the Board of
2007	Architecture and Interior Design rather than the Florida
2008	Building Code Administrators and Inspectors Board. An architect
2009	may not perform plans review as an employee of a local
2010	government upon any job that the architect or the architect's
2011	company designed.
2012	Section 71.  Section 481.223, Florida Statutes, are amended
2013	to read:
2014	481.223  Prohibitions; penalties; injunctive relief.-
2015	(1)  A person may not knowingly:
2016	(a)  Practice architecture unless the person is an
2017	architect or a registered architect; however, a licensed
2018	architect who has been licensed by the board and who chooses to
2019	relinquish or not to renew his or her license may use the title
2020	"Architect, Retired" but may not otherwise render any
2021	architectural services.
2022	(b)  Practice interior design unless the person is a
2023	registered interior designer unless otherwise exempted herein;
2024	however, an interior designer who has been licensed by the board
2025	and who chooses to relinquish or not to renew his or her license
2026	may use the title "Interior Designer, Retired" but may not
2027	otherwise render any interior design services.
2028	(b)(c)  Use the name or title "architect" or "registered
2029	architect," or "interior designer" or "registered interior
2030	designer," or words to that effect, when the person is not then
2031	the holder of a valid license issued pursuant to this part.
2032	(c)(d)  Present as his or her own the license of another.
2033	(d)(e)  Give false or forged evidence to the board or a
2034	member thereof.
2035	(e)(f)  Use or attempt to use an architect or interior
2036	designer license that has been suspended, revoked, or placed on
2037	inactive or delinquent status.
2038	(f)(g)  Employ unlicensed persons to practice architecture
2039	or interior design.
2040	(g)(h)  Conceal information relative to violations of this
2041	part.
2042	(2)  Any person who violates any provision of subsection
2043	(1) commits a misdemeanor of the first degree, punishable as
2044	provided in s. 775.082 or s. 775.083.
2045	(3)(a)  Notwithstanding chapter 455 or any other law to the
2046	contrary, an affected person may maintain an action for
2047	injunctive relief to restrain or prevent a person from violating
2048	paragraph (1)(a), paragraph (1)(b), or paragraph (1)(b)(c). The
2049	prevailing party is entitled to actual costs and attorney's
2050	fees.
2051	(b)  For purposes of this subsection, the term "affected
2052	person" means a person directly affected by the actions of a
2053	person suspected of violating paragraph (1)(a), paragraph
2054	(1)(b), or paragraph (1)(b)(c) and includes, but is not limited
2055	to, the department, any person who received services from the
2056	alleged violator, or any private association composed primarily
2057	of members of the profession the alleged violator is practicing
2058	or offering to practice or holding himself or herself out as
2059	qualified to practice.
2060	Section 72.  Subsections (5) through (8) of section
2061	481.229, Florida Statutes, are amended to read:
2062	481.229  Exceptions; exemptions from licensure.-
2063	(5)(a)  Nothing contained in this part shall prevent a
2064	registered architect or a partnership, limited liability
2065	company, or corporation holding a valid certificate of
2066	authorization to provide architectural services from performing
2067	any interior design service or from using the title "interior
2068	designer" or "registered interior designer."
2069	(b)  Notwithstanding any other provision of this part, all
2070	persons licensed as architects under this part shall be
2071	qualified for interior design licensure upon submission of a
2072	completed application for such license and a fee not to exceed
2073	$30. Such persons shall be exempt from the requirements of s.
2074	481.209(2). For architects licensed as interior designers,
2075	satisfaction of the requirements for renewal of licensure as an
2076	architect under s. 481.215 shall be deemed to satisfy the
2077	requirements for renewal of licensure as an interior designer
2078	under that section. Complaint processing, investigation, or
2079	other discipline-related legal costs related to persons licensed
2080	as interior designers under this paragraph shall be assessed
2081	against the architects' account of the Regulatory Trust Fund.
2082	(c)  Notwithstanding any other provision of this part, any
2083	corporation, partnership, or person operating under a fictitious
2084	name which holds a certificate of authorization to provide
2085	architectural services shall be qualified, without fee, for a
2086	certificate of authorization to provide interior design services
2087	upon submission of a completed application therefor. For
2088	corporations, partnerships, and persons operating under a
2089	fictitious name which hold a certificate of authorization to
2090	provide interior design services, satisfaction of the
2091	requirements for renewal of the certificate of authorization to
2092	provide architectural services under s. 481.219 shall be deemed
2093	to satisfy the requirements for renewal of the certificate of
2094	authorization to provide interior design services under that
2095	section.
2096	(6)  This part shall not apply to:
2097	(a)  A person who performs interior design services or
2098	interior decorator services for any residential application,
2099	provided that such person does not advertise as, or represent
2100	himself or herself as, an interior designer. For purposes of
2101	this paragraph, "residential applications" includes all types of
2102	residences, including, but not limited to, residence buildings,
2103	single-family homes, multifamily homes, townhouses, apartments,
2104	condominiums, and domestic outbuildings appurtenant to one-
2105	family or two-family residences. However, "residential
2106	applications" does not include common areas associated with
2107	instances of multiple-unit dwelling applications.
2108	(b)  An employee of a retail establishment providing
2109	"interior decorator services" on the premises of the retail
2110	establishment or in the furtherance of a retail sale or
2111	prospective retail sale, provided that such employee does not
2112	advertise as, or represent himself or herself as, an interior
2113	designer.
2114	(7)  Nothing in this part shall be construed as authorizing
2115	or permitting an interior designer to engage in the business of,
2116	or to act as, a contractor within the meaning of chapter 489,
2117	unless registered or certified as a contractor pursuant to
2118	chapter 489.
2119	(5)(8)  A manufacturer of commercial food service equipment
2120	or the manufacturer's representative, distributor, or dealer or
2121	an employee thereof, who prepares designs, specifications, or
2122	layouts for the sale or installation of such equipment is exempt
2123	from licensure as an architect or interior designer, if:
2124	(a)  The designs, specifications, or layouts are not used
2125	for construction or installation that may affect structural,
2126	mechanical, plumbing, heating, air conditioning, ventilating,
2127	electrical, or vertical transportation systems.
2128	(b)  The designs, specifications, or layouts do not
2129	materially affect lifesafety systems pertaining to firesafety
2130	protection, smoke evacuation and compartmentalization, and
2131	emergency ingress or egress systems.
2132	(c)  Each design, specification, or layout document
2133	prepared by a person or entity exempt under this subsection
2134	contains a statement on each page of the document that the
2135	designs, specifications, or layouts are not architectural,
2136	interior design, or engineering designs, specifications, or
2137	layouts and not used for construction unless reviewed and
2138	approved by a licensed architect or engineer.
2139	Section 73.  Subsection (1) of section 481.231, Florida
2140	Statutes, is amended to read:
2141	481.231  Effect of part locally.-
2142	(1)  Nothing in This part does not shall be construed to
2143	repeal, amend, limit, or otherwise affect any specific provision
2144	of any local building code or zoning law or ordinance that has
2145	been duly adopted, now or hereafter enacted, which is more
2146	restrictive, with respect to the services of registered
2147	architects or registered interior designers, than the provisions
2148	of this part; provided, however, that a licensed architect shall
2149	be deemed licensed as an interior designer for purposes of
2150	offering or rendering interior design services to a county,
2151	municipality, or other local government or political
2152	subdivision.
2153	Section 74.  Paragraph (c) of subsection (5) of section
2154	553.79, Florida Statutes, is amended to read:
2155	553.79  Permits; applications; issuance; inspections.-
2156	(5)
2157	(c)  The architect or engineer of record may act as the
2158	special inspector provided she or he is on the Board of
2159	Professional Engineers' or the Board of Architecture's
2160	Architecture and Interior Design's list of persons qualified to
2161	be special inspectors. School boards may utilize employees as
2162	special inspectors provided such employees are on one of the
2163	professional licensing board's list of persons qualified to be
2164	special inspectors.
2165	Section 75.  Subsection (7) of section 558.002, Florida
2166	Statutes, is amended to read:
2167	558.002  Definitions.-As used in this chapter, the term:
2168	(7)  "Design professional" means a person, as defined in s.
2169	1.01, who is licensed in this state as an architect, interior
2170	designer, landscape architect, engineer, or surveyor.
2171	Section 76.  (1)  Part II of chapter 481, Florida Statutes,
2172	consisting of sections 481.301, 481.303, 481.305, 481.306,
2173	481.307, 481.309, 481.310, 481.311, 481.313, 481.315, 481.317,
2174	481.319, 481.321, 481.323, 481.325, and 481.329, is repealed.
2175	(2)  The Division of Statutory Revision of the Office of
2176	Legislative Services is directed to prepare a reviser's bill for
2177	introduction at a subsequent session of the Legislature to
2178	redesignate part I of chapter 481, Florida Statutes, as chapter
2179	481, Florida Statutes, to change references to that "part" as
2180	references to that "chapter," and conform any corresponding
2181	cross-references.
2182	Section 77.  Paragraphs (h) and (k) of subsection (2) of
2183	section 287.055, Florida Statutes, are amended to read:
2184	287.055  Acquisition of professional architectural,
2185	engineering, landscape architectural, or surveying and mapping
2186	services; definitions; procedures; contingent fees prohibited;
2187	penalties.-
2188	(2)  DEFINITIONS.-For purposes of this section:
2189	(h)  A "design-build firm" means a partnership,
2190	corporation, or other legal entity that:
2191	1.  Is certified under s. 489.119 to engage in contracting
2192	through a certified or registered general contractor or a
2193	certified or registered building contractor as the qualifying
2194	agent; or
2195	2.  Is certified under s. 471.023 to practice or to offer
2196	to practice engineering; certified under s. 481.219 to practice
2197	or to offer to practice architecture; or practices certified
2198	under s. 481.319 to practice or to offer to practice landscape
2199	architecture.
2200	(k)  A "design criteria professional" means a firm who
2201	holds a current certificate of registration under chapter 481 to
2202	practice architecture, or landscape architecture or a firm who
2203	holds a current certificate as a registered engineer under
2204	chapter 471 to practice engineering, or a firm who practices
2205	landscape architecture and who is employed by or under contract
2206	to the agency for the providing of professional architect
2207	services, landscape architect services, or engineering services
2208	in connection with the preparation of the design criteria
2209	package.
2210	Section 78.  Subsection (1) of section 339.2405, Florida
2211	Statutes, is amended to read:
2212	339.2405  Florida Highway Beautification Council.-
2213	(1)  There is created within the Department of
2214	Transportation the Florida Highway Beautification Council. It
2215	shall consist of seven members appointed by the Governor. All
2216	appointed members must be residents of this state. One member
2217	must be a licensed landscape architect, one member must be a
2218	representative of the Florida Federation of Garden Clubs, Inc.,
2219	one member must be a representative of the Florida Nurserymen
2220	and Growers Association, one member must be a representative of
2221	the department as designated by the head of the department, one
2222	member must be a representative of the Department of Agriculture
2223	and Consumer Services, and two members must be private citizens.
2224	The members of the council shall serve at the pleasure of the
2225	Governor.
2226	Section 79.  Paragraph (d) of subsection (7) of section
2227	373.62, Florida Statutes, is amended to read:
2228	373.62  Water conservation; automatic sprinkler systems.-
2229	(7)
2230	(d)  Upon installation of a soil moisture sensor control
2231	system, the licensed contractor shall certify to the monitoring
2232	entity that subparagraphs (c)1. and (c)2. have been met.
2233	1.  The monitoring entity shall post the notice required by
2234	subparagraph (c)5. on the user's property and update the
2235	Internet listing of users of active soil moisture sensor control
2236	systems to include the new user.
2237	2.  On an annual basis a professional engineer licensed
2238	under chapter 471 or a professional landscape architect licensed
2239	under chapter 481 shall perform an annual maintenance review of
2240	all soil moisture sensor control systems within the monitoring
2241	entity's jurisdiction and certify to the monitoring entity which
2242	systems are properly operating and in compliance with paragraph
2243	(c). The monitoring entity shall update its Internet listing of
2244	users of active soil moisture sensor control systems based on
2245	the certification.
2246	Section 80.  Subsection (1) of section 403.0877, Florida
2247	Statutes, is amended to read:
2248	403.0877  Certification by professionals regulated by the
2249	Department of Business and Professional Regulation.-
2250	(1)  Nothing in This section does not authorize shall be
2251	construed as specific authority for a water management district
2252	or the department to require certification by a professional
2253	engineer licensed under chapter 471, a professional landscape
2254	architect licensed under part II of chapter 481, a professional
2255	geologist licensed under chapter 492, or a professional surveyor
2256	and mapper licensed under chapter 472, for an activity that is
2257	not within the definition or scope of practice of the regulated
2258	profession.
2259	Section 81.  Paragraphs (f) and (g) of subsection (1) of
2260	section 403.9329, Florida Statutes, are redesignated as
2261	paragraphs (e) and (f), respectively, and paragraph (e) of
2262	subsection (1) and paragraph (d) of subsection (7) of that
2263	section are amended, to read:
2264	403.9329  Professional mangrove trimmers.-
2265	(1)  For purposes of ss. 403.9321-403.9333, the following
2266	persons are considered professional mangrove trimmers:
2267	(e)  Persons licensed under part II of chapter 481. The
2268	Board of Landscape Architecture shall establish appropriate
2269	standards and continuing legal education requirements to assure
2270	the competence of licensees to conduct the activities authorized
2271	under ss. 403.9321-403.9333. Trimming by landscape architects as
2272	professional mangrove trimmers is not allowed until the
2273	establishment of standards by the board. The board shall also
2274	establish penalties for violating ss. 403.9321-403.9333. Only
2275	those landscape architects who are certified in the state may
2276	qualify as professional mangrove trimmers under ss. 403.9321-
2277	403.9333, notwithstanding any reciprocity agreements that may
2278	exist between this state and other states;
2279	(7)
2280	(d)  Any person who qualifies as a professional mangrove
2281	trimmer under this subsection may conduct trimming activities
2282	within the jurisdiction of a delegated local government if the
2283	person registers and pays any appropriate fee required by a
2284	delegated local government. A delegated local government that
2285	wishes to discipline persons licensed under part II of chapter
2286	481 for mangrove-trimming or alteration activities may file a
2287	complaint against the licensee as provided for by chapter 481
2288	and may take appropriate local disciplinary action. Any local
2289	disciplinary action imposed against a licensee is subject to
2290	administrative and judicial review.
2291	Section 82.  Paragraph (c) of subsection (6) of section
2292	479.106, Florida Statutes, is amended to read:
2293	479.106  Vegetation management.-
2294	(6)  Beautification projects, trees, or other vegetation
2295	shall not be planted or located in the view zone of legally
2296	erected and permitted outdoor advertising signs which have been
2297	permitted prior to the date of the beautification project or
2298	other planting, where such planting will, at the time of
2299	planting or after future growth, screen such sign from view.
2300	(c)  If a sign owner alleges any governmental entity or
2301	other party has violated this subsection, the sign owner must
2302	provide 90 days' written notice to the governmental entity or
2303	other party allegedly violating this subsection. If the alleged
2304	violation is not cured by the governmental entity or other party
2305	within the 90-day period, the sign owner may file a claim in the
2306	circuit court where the sign is located. A copy of such
2307	complaint shall be served contemporaneously upon the
2308	governmental entity or other party. If the circuit court
2309	determines a violation of this subsection has occurred, the
2310	court shall award a claim for compensation equal to the lesser
2311	of the revenue from the sign lost during the time of screening
2312	or the fair market value of the sign, and the governmental
2313	entity or other party shall pay the award of compensation
2314	subject to available appeal. Any modification or removal of
2315	material within a beautification project or other planting by
2316	the governmental entity or other party to cure an alleged
2317	violation shall not require the issuance of a permit from the
2318	Department of Transportation provided not less than 48 hours'
2319	notice is provided to the department of the modification or
2320	removal of the material. A natural person, private corporation,
2321	or private partnership licensed under part II of chapter 481
2322	providing design services for beautification or other
2323	projects is shall not be subject to a claim of compensation
2324	under this section when the initial project design meets the
2325	requirements of this section.
2326	Section 83.  Section 481.203, Florida Statutes, is amended
2327	to read:
2328	481.203  Definitions.-As used in this part, the term:
2329	(1)(3)  "Architect" or "registered architect" means a
2330	natural person who is licensed under this part to engage in the
2331	practice of architecture.
2332	(2)(6)  "Architecture" means the rendering or offering to
2333	render services in connection with the design and construction
2334	of a structure or group of structures which have as their
2335	principal purpose human habitation or use, and the utilization
2336	of space within and surrounding such structures. These services
2337	include planning, providing preliminary study designs, drawings
2338	and specifications, job-site inspection, and administration of
2339	construction contracts.
2340	(3)(1)  "Board" means the Board of Architecture and
2341	Interior Design.
2342	(4)(5)  "Certificate of authorization" means a certificate
2343	issued by the department to a corporation or partnership to
2344	practice architecture or interior design.
2345	(5)(4)  "Certificate of registration" means a license
2346	issued by the department to a natural person to engage in the
2347	practice of architecture or interior design.
2348	(6)(13)  "Common area" means an area that is held out for
2349	use by all tenants or owners in a multiple-unit dwelling,
2350	including, but not limited to, a lobby, elevator, hallway,
2351	laundry room, clubhouse, or swimming pool.
2352	(7)(2)  "Department" means the Department of Business and
2353	Professional Regulation.
2354	(8)(14)  "Diversified interior design experience" means
2355	experience which substantially encompasses the various elements
2356	of interior design services set forth under the definition of
2357	"interior design" in subsection (10) (8).
2358	(9)(15)  "Interior decorator services" includes the
2359	selection or assistance in selection of surface materials,
2360	window treatments, wallcoverings, paint, floor coverings,
2361	surface-mounted lighting, surface-mounted fixtures, and loose
2362	furnishings not subject to regulation under applicable building
2363	codes.
2364	(10)(8)  "Interior design" means designs, consultations,
2365	studies, drawings, specifications, and administration of design
2366	construction contracts relating to nonstructural interior
2367	elements of a building or structure. "Interior design" includes,
2368	but is not limited to, reflected ceiling plans, space planning,
2369	furnishings, and the fabrication of nonstructural elements
2370	within and surrounding interior spaces of buildings. "Interior
2371	design" specifically excludes the design of or the
2372	responsibility for architectural and engineering work, except
2373	for specification of fixtures and their location within interior
2374	spaces. As used in this subsection, "architectural and
2375	engineering interior construction relating to the building
2376	systems" includes, but is not limited to, construction of
2377	structural, mechanical, plumbing, heating, air-conditioning,
2378	ventilating, electrical, or vertical transportation systems, or
2379	construction which materially affects lifesafety systems
2380	pertaining to firesafety protection such as fire-rated
2381	separations between interior spaces, fire-rated vertical shafts
2382	in multistory structures, fire-rated protection of structural
2383	elements, smoke evacuation and compartmentalization, emergency
2384	ingress or egress systems, and emergency alarm systems.
2385	(11)  "Landscape architect" means a person qualified by
2386	education and experience to practice landscape architecture.
2387	(12)  "Landscape architecture" means professional services,
2388	including, but not limited to, the following:
2389	(a)  Consultation, investigation, research, planning,
2390	design, preparation of drawings, specifications, contract
2391	documents and reports, responsible construction supervision, or
2392	landscape management in connection with the planning and
2393	development of land and incidental water areas, including the
2394	use of Florida-friendly landscaping as defined in s. 373.185,
2395	where, and to the extent that, the dominant purpose of such
2396	services or creative works is the preservation, conservation,
2397	enhancement, or determination of proper land uses, natural land
2398	features, ground cover and plantings, or naturalistic and
2399	aesthetic values;
2400	(b)  The determination of settings, grounds, and approaches
2401	for and the siting of buildings and structures, outdoor areas,
2402	or other improvements;
2403	(c)  The setting of grades, shaping and contouring of land
2404	and water forms, determination of drainage, and provision for
2405	storm drainage and irrigation systems where such systems are
2406	necessary to the purposes described in this subsection; and
2407	(d)  The design of such tangible objects and features as
2408	are necessary to the purposes described in this subsection.
2409	(13)(10)  "Nonstructural element" means an element which
2410	does not require structural bracing and which is something other
2411	than a load-bearing wall, load-bearing column, or other load-
2412	bearing element of a building or structure which is essential to
2413	the structural integrity of the building.
2414	(14)(11)  "Reflected ceiling plan" means a ceiling design
2415	plan which is laid out as if it were projected downward and
2416	which may include lighting and other elements.
2417	(15)(9)  "Registered interior designer" or "interior
2418	designer" means a natural person who is licensed under this
2419	part.
2420	(16)  "Responsible supervising control" means the exercise
2421	of direct personal supervision and control throughout the
2422	preparation of documents, instruments of service, or any other
2423	work requiring the seal and signature of a licensee under this
2424	part.
2425	(17)(12)  "Space planning" means the analysis, programming,
2426	or design of spatial requirements, including preliminary space
2427	layouts and final planning.
2428	(18)(7)  "Townhouse" is a single-family dwelling unit not
2429	exceeding three stories in height which is constructed in a
2430	series or group of attached units with property lines separating
2431	such units. Each townhouse shall be considered a separate
2432	building and shall be separated from adjoining townhouses by the
2433	use of separate exterior walls meeting the requirements for zero
2434	clearance from property lines as required by the type of
2435	construction and fire protection requirements; or shall be
2436	separated by a party wall; or may be separated by a single wall
2437	meeting the following requirements:
2438	(a)  Such wall shall provide not less than 2 hours of fire
2439	resistance. Plumbing, piping, ducts, or electrical or other
2440	building services shall not be installed within or through the
2441	2-hour wall unless such materials and methods of penetration
2442	have been tested in accordance with the Standard Building Code.
2443	(b)  Such wall shall extend from the foundation to the
2444	underside of the roof sheathing, and the underside of the roof
2445	shall have at least 1 hour of fire resistance for a width not
2446	less than 4 feet on each side of the wall.
2447	(c)  Each dwelling unit sharing such wall shall be designed
2448	and constructed to maintain its structural integrity independent
2449	of the unit on the opposite side of the wall.
2450	Section 84.  Subsection (16) of section 489.103, Florida
2451	Statutes, is amended to read:
2452	489.103  Exemptions.-This part does not apply to:
2453	(16)  An architect or landscape architect licensed pursuant
2454	to chapter 481 or an engineer licensed pursuant to chapter 471
2455	who offers or renders design-build services which may require
2456	the services of a contractor certified or registered pursuant to
2457	the provisions of this chapter, as long as the contractor
2458	services to be performed under the terms of the design-build
2459	contract are offered and rendered by a certified or registered
2460	general contractor in accordance with this chapter.
2461	Section 85.  Subsection (7) of section 558.002, Florida
2462	Statutes, is amended to read:
2463	558.002  Definitions.-As used in this chapter, the term:
2464	(7)  "Design professional" means a person, as defined in s.
2465	1.01, who is licensed in this state as an architect, interior
2466	designer, landscape architect, engineer, or surveyor.
2467	Section 86.  Subsection (4) of section 725.08, Florida
2468	Statutes, is amended to read:
2469	725.08  Design professional contracts; limitation in
2470	indemnification.-
2471	(4)  "Design professional" means an individual or entity
2472	licensed by the state who holds a current certificate of
2473	registration under chapter 481 to practice architecture or
2474	landscape architecture, architect, landscape architect,
2475	professional surveyor and mapper, or engineer under chapter 472
2476	to practice land surveying and mapping, or under chapter 471 to
2477	practice engineering, and who enters into a professional
2478	services contract.
2479	Section 87.  Chapter 492, Florida Statutes, consisting of
2480	sections 492.101, 492.102, 492.103, 492.104, 492.105, 492.106,
2481	492.107, 492.108, 492.109, 492.1101, 492.111, 492.112, 492.113,
2482	492.114, 492.115, 492.116, and 492.1165, is repealed.
2483	Section 88.  Section 373.1175, Florida Statutes, is amended
2484	to read:
2485	373.1175  Signing and sealing by professional geologists.-
2486	(1)  If an application for a permit or license, or the
2487	performance of an activity regulated under this chapter,
2488	requires the services of a professional geologist as provided
2489	for in chapter 492, the department or governing board of a water
2490	management district may require that a professional geologist
2491	licensed under chapter 492 sign and seal any documents and
2492	reports submitted in connection with the permit application or
2493	regulated activity.
2494	(2)  The cost of such signing and sealing by a professional
2495	geologist shall be borne by the permit applicant or permittee.
2496	(3)  Nothing in This section does not shall be construed to
2497	prevent or prohibit the practice by professional engineers
2498	pursuant to chapter 471.
2499	Section 89.  Paragraph (b) of subsection (5) of section
2500	376.80, Florida Statutes, is amended to read:
2501	376.80  Brownfield program administration process.-
2502	(5)  The person responsible for brownfield site
2503	rehabilitation must enter into a brownfield site rehabilitation
2504	agreement with the department or an approved local pollution
2505	control program if actual contamination exists at the brownfield
2506	site. The brownfield site rehabilitation agreement must include:
2507	(b)  A commitment to conduct site rehabilitation activities
2508	under the observation of professional engineers or geologists
2509	who are registered in accordance with the requirements of
2510	chapter 471 or geologists chapter 492, respectively. Submittals
2511	provided by the person responsible for brownfield site
2512	rehabilitation must be signed and sealed by a professional
2513	engineer registered under chapter 471, or a professional
2514	geologist registered under chapter 492, certifying that the
2515	submittal and associated work comply with the law and rules of
2516	the department and those governing the profession. In addition,
2517	upon completion of the approved remedial action, the department
2518	shall require a professional engineer registered under chapter
2519	471 or a professional geologist registered under chapter 492 to
2520	certify that the corrective action was, to the best of his or
2521	her knowledge, completed in substantial conformance with the
2522	plans and specifications approved by the department.
2523	Section 90.  Subsection (3) of section 377.075, Florida
2524	Statutes, is amended to read:
2525	377.075  Division of Technical Services; geological
2526	functions.-
2527	(3)  STATE GEOLOGIST.-The geological functions of the
2528	division shall be under the direction of a full-time
2529	professional geologist who is registered in this state, who
2530	shall be of established reputation, and who shall be known as
2531	the State Geologist.
2532	Section 91.  Paragraph (a) of subsection (6) of section
2533	403.087, Florida Statutes, is amended to read:
2534	403.087  Permits; general issuance; denial; revocation;
2535	prohibition; penalty.-
2536	(6)(a)  The department shall require a processing fee in an
2537	amount sufficient, to the greatest extent possible, to cover the
2538	costs of reviewing and acting upon any application for a permit
2539	or request for site-specific alternative criteria or for an
2540	exemption from water quality criteria and to cover the costs of
2541	surveillance and other field services and related support
2542	activities associated with any permit or plan approval issued
2543	pursuant to this chapter. The department shall review the fees
2544	authorized under this chapter at least once every 5 years and
2545	shall adjust the fees upward, as necessary, within the fee caps
2546	established in this paragraph to reflect changes in the Consumer
2547	Price Index or similar inflation indicator. The department shall
2548	establish by rule the inflation index to be used for this
2549	purpose. In the event of deflation, the department shall consult
2550	with the Executive Office of the Governor and the Legislature to
2551	determine whether downward fee adjustments are appropriate based
2552	on the current budget and appropriation considerations. However,
2553	when an application is received without the required fee, the
2554	department shall acknowledge receipt of the application and
2555	shall immediately return the unprocessed application to the
2556	applicant and shall take no further action until the application
2557	is received with the appropriate fee. The department shall adopt
2558	a schedule of fees by rule, subject to the following
2559	limitations:
2560	1.  The fee for any of the following may not exceed
2561	$32,500:
2562	a.  Hazardous waste, construction permit.
2563	b.  Hazardous waste, operation permit.
2564	c.  Hazardous waste, postclosure permit, or clean closure
2565	plan approval.
2566	d.  Hazardous waste, corrective action permit.
2567	2.  The permit fee for a drinking water construction or
2568	operation permit, not including the operation license fee
2569	required under s. 403.861(7), shall be at least $500 and may not
2570	exceed $15,000.
2571	3.  The permit fee for a Class I injection well
2572	construction permit may not exceed $12,500.
2573	4.  The permit fee for any of the following permits may not
2574	exceed $10,000:
2575	a.  Solid waste, construction permit.
2576	b.  Solid waste, operation permit.
2577	c.  Class I injection well, operation permit.
2578	5.  The permit fee for any of the following permits may not
2579	exceed $7,500:
2580	a.  Air pollution, construction permit.
2581	b.  Solid waste, closure permit.
2582	c.  Domestic waste residuals, construction or operation
2583	permit.
2584	d.  Industrial waste, operation permit.
2585	e.  Industrial waste, construction permit.
2586	6.  The permit fee for any of the following permits may not
2587	exceed $5,000:
2588	a.  Domestic waste, operation permit.
2589	b.  Domestic waste, construction permit.
2590	7.  The permit fee for any of the following permits may not
2591	exceed $4,000:
2592	a.  Wetlands resource management-(dredge and fill and
2593	mangrove alteration).
2594	b.  Hazardous waste, research and development permit.
2595	c.  Air pollution, operation permit, for sources not
2596	subject to s. 403.0872.
2597	d.  Class III injection well, construction, operation, or
2598	abandonment permits.
2599	8.  The permit fee for a drinking water distribution system
2600	permit, including a general permit, shall be at least $500 and
2601	may not exceed $1,000.
2602	9.  The permit fee for Class V injection wells,
2603	construction, operation, and abandonment permits may not exceed
2604	$750.
2605	10.  The permit fee for domestic waste collection system
2606	permits may not exceed $500.
2607	11.  The permit fee for stormwater operation permits may
2608	not exceed $100.
2609	12.  Except as provided in subparagraph 8., the general
2610	permit fees for permits that require certification by a
2611	registered professional engineer or a professional geologist may
2612	not exceed $500, and the general permit fee for other permit
2613	types may not exceed $100.
2614	13.  The fee for a permit issued pursuant to s. 403.816 is
2615	$5,000, and the fee for any modification of such permit
2616	requested by the applicant is $1,000.
2617	14.  The regulatory program and surveillance fees for
2618	facilities permitted pursuant to s. 403.088 or s. 403.0885, or
2619	for facilities permitted pursuant to s. 402 of the Clean Water
2620	Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
2621	department has been granted administrative authority, shall be
2622	limited as follows:
2623	a.  The fees for domestic wastewater facilities shall not
2624	exceed $7,500 annually. The department shall establish a sliding
2625	scale of fees based on the permitted capacity and shall ensure
2626	smaller domestic waste dischargers do not bear an inordinate
2627	share of costs of the program.
2628	b.  The annual fees for industrial waste facilities shall
2629	not exceed $11,500. The department shall establish a sliding
2630	scale of fees based upon the volume, concentration, or nature of
2631	the industrial waste discharge and shall ensure smaller
2632	industrial waste dischargers do not bear an inordinate share of
2633	costs of the program.
2634	c.  The department may establish a fee, not to exceed the
2635	amounts in subparagraphs 5. and 6., to cover additional costs of
2636	review required for permit modification or construction
2637	engineering plans.
2638	Section 92.  Subsection (1) of section 403.0877, Florida
2639	Statutes, is amended to read:
2640	403.0877  Certification by professionals regulated by the
2641	Department of Business and Professional Regulation.-
2642	(1)  Nothing in This section does not authorize shall be
2643	construed as specific authority for a water management district
2644	or the department to require certification by a professional
2645	engineer licensed under chapter 471, a professional landscape
2646	architect licensed under part II of chapter 481, a professional
2647	geologist licensed under chapter 492, or a professional surveyor
2648	and mapper licensed under chapter 472, for an activity that is
2649	not within the definition or scope of practice of the regulated
2650	profession.
2651	Section 93.  Subsection (1) of section 469.004, Florida
2652	Statutes, is amended to read:
2653	469.004  License; asbestos consultant; asbestos
2654	contractor.-
2655	(1)  All asbestos consultants must be licensed by the
2656	department. An asbestos consultant's license may be issued only
2657	to an applicant who holds a current, valid, active license as an
2658	architect issued under chapter 481; holds a current, valid,
2659	active license as a professional engineer issued under chapter
2660	471; holds a current, valid, active license as a professional
2661	geologist issued under chapter 492; is a diplomat of the
2662	American Board of Industrial Hygiene; or has been awarded
2663	designation as a Certified Safety Professional by the Board of
2664	Certified Safety Professionals.
2665	Section 94.  Subsection (2) of section 627.706, Florida
2666	Statutes, is amended to read:
2667	627.706  Sinkhole insurance; catastrophic ground cover
2668	collapse; definitions.-
2669	(2)  As used in ss. 627.706-627.7074, and as used in
2670	connection with any policy providing coverage for a catastrophic
2671	ground cover collapse or for sinkhole losses:
2672	(a)  "Catastrophic ground cover collapse" means geological
2673	activity that results in all the following:
2674	1.  The abrupt collapse of the ground cover;
2675	2.  A depression in the ground cover clearly visible to the
2676	naked eye;
2677	3.  Structural damage to the building, including the
2678	foundation; and
2679	4.  The insured structure being condemned and ordered to be
2680	vacated by the governmental agency authorized by law to issue
2681	such an order for that structure.
2682
2683	Contents coverage applies if there is a loss resulting from a
2684	catastrophic ground cover collapse. Structural damage consisting
2685	merely of the settling or cracking of a foundation, structure,
2686	or building does not constitute a loss resulting from a
2687	catastrophic ground cover collapse.
2688	(b)(f)  "Professional Geologist" means a person, as defined
2689	by s. 492.102, who has a bachelor's degree or higher in geology
2690	or related earth science with expertise in the geology of
2691	Florida. A professional geologist must have geological
2692	experience and expertise in the identification of sinkhole
2693	activity as well as other potential geologic causes of damage to
2694	the structure.
2695	(c)(e)  "Professional engineer" means a person, as defined
2696	in s. 471.005, who has a bachelor's degree or higher in
2697	engineering with a specialty in the geotechnical engineering
2698	field. A professional engineer must have geotechnical experience
2699	and expertise in the identification of sinkhole activity as well
2700	as other potential causes of damage to the structure.
2701	(d)(b)  "Sinkhole" means a landform created by subsidence
2702	of soil, sediment, or rock as underlying strata are dissolved by
2703	groundwater. A sinkhole may form by collapse into subterranean
2704	voids created by dissolution of limestone or dolostone or by
2705	subsidence as these strata are dissolved.
2706	(e)(d)  "Sinkhole activity" means settlement or systematic
2707	weakening of the earth supporting such property only when such
2708	settlement or systematic weakening results from movement or
2709	raveling of soils, sediments, or rock materials into
2710	subterranean voids created by the effect of water on a limestone
2711	or similar rock formation.
2712	(f)(c)  "Sinkhole loss" means structural damage to the
2713	building, including the foundation, caused by sinkhole activity.
2714	Contents coverage shall apply only if there is structural damage
2715	to the building caused by sinkhole activity.
2716	Section 95.  Subsections (2), (3), and (6) of section
2717	627.707, Florida Statutes, are amended to read:
2718	627.707  Standards for investigation of sinkhole claims by
2719	insurers; nonrenewals.-Upon receipt of a claim for a sinkhole
2720	loss, an insurer must meet the following standards in
2721	investigating a claim:
2722	(2)  Following the insurer's initial inspection, the
2723	insurer shall engage a professional engineer or a professional
2724	geologist to conduct testing as provided in s. 627.7072 to
2725	determine the cause of the loss within a reasonable professional
2726	probability and issue a report as provided in s. 627.7073, if:
2727	(a)  The insurer is unable to identify a valid cause of the
2728	damage or discovers damage to the structure which is consistent
2729	with sinkhole loss; or
2730	(b)  The policyholder demands testing in accordance with
2731	this section or s. 627.7072.
2732	(3)  Following the initial inspection of the insured
2733	premises, the insurer shall provide written notice to the
2734	policyholder disclosing the following information:
2735	(a)  What the insurer has determined to be the cause of
2736	damage, if the insurer has made such a determination.
2737	(b)  A statement of the circumstances under which the
2738	insurer is required to engage a professional engineer or a
2739	professional geologist to verify or eliminate sinkhole loss and
2740	to engage a professional engineer to make recommendations
2741	regarding land and building stabilization and foundation repair.
2742	(c)  A statement regarding the right of the policyholder to
2743	request testing by a professional engineer or a professional
2744	geologist and the circumstances under which the policyholder may
2745	demand certain testing.
2746	(6)  Except as provided in subsection (7), the fees and
2747	costs of the professional engineer or the professional geologist
2748	shall be paid by the insurer.
2749	Section 96.  Section 627.7072, Florida Statutes, is amended
2750	to read:
2751	627.7072  Testing standards for sinkholes.-The professional
2752	engineer and the professional geologist shall perform such tests
2753	as sufficient, in their professional opinion, to determine the
2754	presence or absence of sinkhole loss or other cause of damage
2755	within reasonable professional probability and for the
2756	professional engineer to make recommendations regarding
2757	necessary building stabilization and foundation repair.
2758	Section 97.  Subsection (1) of section 627.7073, Florida
2759	Statutes, is amended to read:
2760	627.7073  Sinkhole reports.-
2761	(1)  Upon completion of testing as provided in s. 627.7072,
2762	the professional engineer or the professional geologist shall
2763	issue a report and certification to the insurer and the
2764	policyholder as provided in this section.
2765	(a)  Sinkhole loss is verified if, based upon tests
2766	performed in accordance with s. 627.7072, a professional
2767	engineer or a professional geologist issues a written report and
2768	certification stating:
2769	1.  That the cause of the actual physical and structural
2770	damage is sinkhole activity within a reasonable professional
2771	probability.
2772	2.  That the analyses conducted were of sufficient scope to
2773	identify sinkhole activity as the cause of damage within a
2774	reasonable professional probability.
2775	3.  A description of the tests performed.
2776	4.  A recommendation by the professional engineer of
2777	methods for stabilizing the land and building and for making
2778	repairs to the foundation.
2779	(b)  If sinkhole activity is eliminated as the cause of
2780	damage to the structure, the professional engineer or the
2781	professional geologist shall issue a written report and
2782	certification to the policyholder and the insurer stating:
2783	1.  That the cause of the damage is not sinkhole activity
2784	within a reasonable professional probability.
2785	2.  That the analyses and tests conducted were of
2786	sufficient scope to eliminate sinkhole activity as the cause of
2787	damage within a reasonable professional probability.
2788	3.  A statement of the cause of the damage within a
2789	reasonable professional probability.
2790	4.  A description of the tests performed.
2791	(c)  The respective findings, opinions, and recommendations
2792	of the professional engineer or the professional geologist as to
2793	the cause of distress to the property and the findings,
2794	opinions, and recommendations of the professional engineer as to
2795	land and building stabilization and foundation repair shall be
2796	presumed correct.
2797	Section 98.  Paragraph (b) of subsection (1) of section
2798	627.7074, Florida Statutes, is amended to read:
2799	627.7074  Alternative procedure for resolution of disputed
2800	sinkhole insurance claims.-
2801	(1)  As used in this section, the term:
2802	(b)  "Neutral evaluator" means a professional engineer or a
2803	professional geologist who has completed a course of study in
2804	alternative dispute resolution designed or approved by the
2805	department for use in the neutral evaluation process, who is
2806	determined to be fair and impartial.
2807	Section 99.  Subsection (2) of section 849.0935, Florida
2808	Statutes, is amended to read:
2809	849.0935  Charitable, nonprofit organizations; drawings by
2810	chance; required disclosures; unlawful acts and practices;
2811	penalties.-
2812	(2)  Section The provisions of s. 849.09 does shall not be
2813	construed to prohibit an organization qualified under 26 U.S.C.
2814	s. 501(c)(3), (4), (7), (8), (10), or (19) from conducting
2815	drawings by chance pursuant to the authority granted by this
2816	section, provided the organization has complied with all
2817	applicable provisions of chapter 496.
2818	Section 100.  Chapter 496, Florida Statutes, consisting of
2819	sections 496.401, 496.402, 496.403, 496.404, 496.405, 496.406,
2820	496.407, 496.409, 496.410, 496.411, 496.412, 496.413, 496.414,
2821	496.415, 496.416, 496.417, 496.418, 496.419, 496.420, 496.421,
2822	496.422, 496.423, 496.424, 496.425, 496.4255, and 496.426, is
2823	repealed.
2824	Section 101.  Paragraph (b) of subsection (3) of section
2825	110.181, Florida Statutes, is amended to read:
2826	110.181  Florida State Employees' Charitable Campaign.-
2827	(3)  RULEMAKING AUTHORITY; ADMINISTRATIVE REVIEW.-
2828	(b)  Department action which adversely affects the
2829	substantial interests of a party may be subject to a hearing.
2830	The proceeding shall be conducted in accordance with chapter
2831	120, except that the time limits set forth in s. 496.405(7)
2832	shall prevail to the extent of any conflict.
2833	Section 102.  Subsections (2) and (3) of section 316.2045,
2834	Florida Statutes, are amended to read:
2835	316.2045  Obstruction of public streets, highways, and
2836	roads.-
2837	(2)  It is unlawful, without proper authorization or a
2838	lawful permit, for any person or persons willfully to obstruct
2839	the free, convenient, and normal use of any public street,
2840	highway, or road by any of the means specified in subsection (1)
2841	in order to solicit. Any person who violates the provisions of
2842	this subsection is guilty of a misdemeanor of the second degree,
2843	punishable as provided in s. 775.082 or s. 775.083.
2844	Organizations qualified under s. 501(c)(3) of the Internal
2845	Revenue Code and registered pursuant to chapter 496, or persons
2846	or organizations acting on their behalf are exempted from the
2847	provisions of this subsection for activities on streets or roads
2848	not maintained by the state. Permits for the use of any portion
2849	of a state-maintained road or right-of-way shall be required
2850	only for those purposes and in the manner set out in s. 337.406.
2851	(3)  Permits for the use of any street, road, or right-of-
2852	way not maintained by the state may be issued by the appropriate
2853	local government. An organization that is qualified under s.
2854	501(c)(3) of the Internal Revenue Code and registered under
2855	chapter 496, or a person or organization acting on behalf of
2856	that organization, is exempt from local requirements for a
2857	permit issued under this subsection for charitable solicitation
2858	activities on or along streets or roads that are not maintained
2859	by the state under the following conditions:
2860	(a)  The organization, or the person or organization acting
2861	on behalf of the organization, must provide all of the following
2862	to the local government:
2863	1.  No fewer than 14 calendar days prior to the proposed
2864	solicitation, the name and address of the person or organization
2865	that will perform the solicitation and the name and address of
2866	the organization that will receive funds from the solicitation.
2867	2.  For review and comment, a plan for the safety of all
2868	persons participating in the solicitation, as well as the
2869	motoring public, at the locations where the solicitation will
2870	take place.
2871	3.  Specific details of the location or locations of the
2872	proposed solicitation and the hours during which the
2873	solicitation activities will occur.
2874	4.  Proof of commercial general liability insurance against
2875	claims for bodily injury and property damage occurring on
2876	streets, roads, or rights-of-way or arising from the solicitor's
2877	activities or use of the streets, roads, or rights-of-way by the
2878	solicitor or the solicitor's agents, contractors, or employees.
2879	The insurance shall have a limit of not less than $1 million per
2880	occurrence for the general aggregate. The certificate of
2881	insurance shall name the local government as an additional
2882	insured and shall be filed with the local government no later
2883	than 72 hours before the date of the solicitation.
2884	5.  Proof of registration with the Department of
2885	Agriculture and Consumer Services pursuant to s. 496.405 or
2886	proof that the soliciting organization is exempt from the
2887	registration requirement.
2888	(b)  Organizations or persons meeting the requirements of
2889	subparagraphs (a)1.-5. may solicit for a period not to exceed 10
2890	cumulative days within 1 calendar year.
2891	(c)  All solicitation shall occur during daylight hours
2892	only.
2893	(d)  Solicitation activities shall not interfere with the
2894	safe and efficient movement of traffic and shall not cause
2895	danger to the participants or the public.
2896	(e)  No person engaging in solicitation activities shall
2897	persist after solicitation has been denied, act in a demanding
2898	or harassing manner, or use any sound or voice-amplifying
2899	apparatus or device.
2900	(f)  All persons participating in the solicitation shall be
2901	at least 18 years of age and shall possess picture
2902	identification.
2903	(g)  Signage providing notice of the solicitation shall be
2904	posted at least 500 feet before the site of the solicitation.
2905	(h)  The local government may stop solicitation activities
2906	if any conditions or requirements of this subsection are not
2907	met.
2908	Section 103.  Subsection (8) of section 320.023, Florida
2909	Statutes, is amended to read:
2910	320.023  Requests to establish voluntary checkoff on motor
2911	vehicle registration application.-
2912	(8)  All organizations seeking to establish a voluntary
2913	contribution on a motor vehicle registration application that
2914	are required to operate under the Solicitation of Contributions
2915	Act, as provided in chapter 496, must do so before funds may be
2916	distributed.
2917	Section 104.  Subsection (8) of section 322.081, Florida
2918	Statutes, is amended to read:
2919	322.081  Requests to establish voluntary checkoff on
2920	driver's license application.-
2921	(8)  All organizations seeking to establish a voluntary
2922	contribution on a driver's license application that are required
2923	to operate under the Solicitation of Contributions Act, as
2924	provided in chapter 496, must do so before funds may be
2925	distributed.
2926	Section 105.  Paragraph (d) of subsection (3) and paragraph
2927	(d) of subsection (4) of section 413.033, Florida Statutes, are
2928	amended to read:
2929	413.033  Definitions.-As used in ss. 413.032-413.037:
2930	(3)  "Qualified nonprofit agency for the blind" means an
2931	agency:
2932	(d)  Which meets the criteria for determining nonprofit
2933	status under the provisions of s. 196.195 and is registered and
2934	in good standing as a charitable organization with the
2935	Department of Agriculture and Consumer Services under the
2936	provisions of chapter 496.
2937	(4)  "Qualified nonprofit agency for other severely
2938	handicapped" means an agency:
2939	(d)  Which meets the criteria for determining nonprofit
2940	status under the provisions of s. 196.195 and is registered and
2941	in good standing as a charitable organization with the
2942	Department of Agriculture and Consumer Services under the
2943	provisions of chapter 496.
2944	Section 106.  Subsection (2) of section 550.0351, Florida
2945	Statutes, is amended to read:
2946	550.0351  Charity racing days.-
2947	(2)  The proceeds of charity performances shall be paid to
2948	qualified beneficiaries selected by the permitholders from an
2949	authorized list of charities on file with the division. Eligible
2950	charities include any charity that provides evidence of
2951	compliance with the provisions of chapter 496 and evidence of
2952	possession of a valid exemption from federal taxation issued by
2953	the Internal Revenue Service. In addition, the authorized list
2954	must include the Racing Scholarship Trust Fund, the Historical
2955	Resources Operating Trust Fund, major state and private
2956	institutions of higher learning, and Florida community colleges.
2957	Section 107.  Section 550.1647, Florida Statutes, is
2958	amended to read:
2959	550.1647  Greyhound permitholders; unclaimed tickets;
2960	breaks.-All money or other property represented by any
2961	unclaimed, uncashed, or abandoned pari-mutuel ticket which has
2962	remained in the custody of or under the control of any
2963	permitholder authorized to conduct greyhound racing pari-mutuel
2964	pools in this state for a period of 1 year after the date the
2965	pari-mutuel ticket was issued, if the rightful owner or owners
2966	thereof have made no claim or demand for such money or other
2967	property within that period of time, shall, with respect to live
2968	races conducted by the permitholder, be remitted to the state
2969	pursuant to s. 550.1645; however, such permitholder shall be
2970	entitled to a credit in each state fiscal year in an amount
2971	equal to the actual amount remitted in the prior state fiscal
2972	year which may be applied against any taxes imposed pursuant to
2973	this chapter. In addition, each permitholder shall pay, from any
2974	source, including the proceeds from performances conducted
2975	pursuant to s. 550.0351, an amount not less than 10 percent of
2976	the amount of the credit provided by this section to any bona
2977	fide organization that promotes or encourages the adoption of
2978	greyhounds. As used in this chapter, the term "bona fide
2979	organization that promotes or encourages the adoption of
2980	greyhounds" means any organization that provides evidence of
2981	compliance with chapter 496 and possesses a valid exemption from
2982	federal taxation issued by the Internal Revenue Service. Such
2983	bona fide organization, as a condition of adoption, must provide
2984	sterilization of greyhounds by a licensed veterinarian before
2985	relinquishing custody of the greyhound to the adopter. The fee
2986	for sterilization may be included in the cost of adoption.
2987	Section 108.  Paragraph (a) of subsection (3) of section
2988	741.0305, Florida Statutes, is amended to read:
2989	741.0305  Marriage fee reduction for completion of
2990	premarital preparation course.-
2991	(3)(a)  All individuals electing to participate in a
2992	premarital preparation course shall choose from the following
2993	list of qualified instructors:
2994	1.  A psychologist licensed under chapter 490.
2995	2.  A clinical social worker licensed under chapter 491.
2996	3.  A marriage and family therapist licensed under chapter
2997	491.
2998	4.  A mental health counselor licensed under chapter 491.
2999	5.  An official representative of a religious institution
3000	which is recognized under s. 496.404(19), if the representative
3001	has relevant training.
3002	6.  Any other provider designated by a judicial circuit,
3003	including, but not limited to, school counselors who are
3004	certified to offer such courses. Each judicial circuit may
3005	establish a roster of area course providers, including those who
3006	offer the course on a sliding fee scale or for free.
3007	Section 109.  Paragraph (a) of subsection (1) of section
3008	775.0861, Florida Statutes, is amended to read:
3009	775.0861  Offenses against persons on the grounds of
3010	religious institutions; reclassification.-
3011	(1)  For purposes of this section, the term:
3012	(a)  "Religious institution" means any church,
3013	ecclesiastical or denominational organization, or established
3014	physical place for worship in this state at which nonprofit
3015	religious services and activities are regularly conducted and
3016	carried on, and includes those bona fide religious groups which
3017	do not maintain specific places of worship. The term includes
3018	any separate group or corporation which forms an integral part
3019	of a religious institution which is exempt from federal income
3020	tax under the provisions of s. 501(c)(3) of the Internal Revenue
3021	Code, and which is not primarily supported by funds solicited
3022	outside its own membership or congregation is as defined in s.
3023	496.404.
3024	Section 110.  Paragraph (a) of subsection (8) of section
3025	790.166, Florida Statutes, is amended to read:
3026	790.166  Manufacture, possession, sale, delivery, display,
3027	use, or attempted or threatened use of a weapon of mass
3028	destruction or hoax weapon of mass destruction prohibited;
3029	definitions; penalties.-
3030	(8)  For purposes of this section, the term "weapon of mass
3031	destruction" does not include:
3032	(a)  A device or instrument that emits or discharges smoke
3033	or an offensive, noxious, or irritant liquid, powder, gas, or
3034	chemical for the purpose of immobilizing, incapacitating, or
3035	thwarting an attack by a person or animal and that is lawfully
3036	possessed or used by a person for the purpose of self-protection
3037	or, as provided in subsection (7), is lawfully possessed or used
3038	by any member or employee of the Armed Forces of the United
3039	States, a federal or state governmental agency, or a private
3040	entity. A member or employee of a federal or state governmental
3041	agency includes, but is not limited to, a law enforcement
3042	officer, as defined in s. 784.07; a federal law enforcement
3043	officer, as defined in s. 901.1505; a firefighter, as defined in
3044	s. 633.30; and an ambulance driver, emergency medical
3045	technician, or paramedic, as defined in s. 401.23 emergency
3046	service employee, as defined in s. 496.404.
3047	Section 111.  Paragraph (d) of subsection (3) of section
3048	843.16, Florida Statutes, is amended to read:
3049	843.16  Unlawful to install or transport radio equipment
3050	using assigned frequency of state or law enforcement officers;
3051	definitions; exceptions; penalties.-
3052	(3)  This section does not apply to the following:
3053	(d)  Any sworn law enforcement officer as defined in s.
3054	943.10; a firefighter, as defined in s. 633.30; or an ambulance
3055	driver, emergency medical technician, or paramedic, as defined
3056	in s. 401.23 or emergency service employee as defined in s.
3057	496.404 while using personal transportation to and from work.
3058	Section 112.  Section 500.459, Florida Statutes, is
3059	repealed.
3060	Section 113.  Section 500.511, Florida Statutes, is amended
3061	to read:
3062	500.511  Bottled water plants; packed ice plants; Fees;
3063	enforcement; preemption.-
3064	(1)  FEES.-All fees collected under s. 500.459 shall be
3065	deposited into the General Inspection Trust Fund and shall be
3066	accounted for separately and used for the sole purpose of
3067	administering the provisions of such section.
3068	(2)  ENFORCEMENT AND PENALTIES.-In addition to the
3069	provisions contained in s. 500.459, the department may enforce
3070	s. 500.459 in the manner provided in s. 500.121. Any person who
3071	violates a provision of s. 500.459 or any rule adopted under
3072	such section shall be punished as provided in such section.
3073	However, criminal penalties may not be imposed against any
3074	person who violates a rule.
3075	(3)  PREEMPTION OF AUTHORITY TO REGULATE.-Regulation of
3076	bottled water plants, water vending machines, water vending
3077	machine operators, and packaged ice plants is preempted by the
3078	state. No county or municipality may adopt or enforce any
3079	ordinance that regulates the licensure or operation of bottled
3080	water plants, water vending machines, or packaged ice plants,
3081	unless it is determined that unique conditions exist within the
3082	county which require the county to regulate such entities in
3083	order to protect the public health. This subsection does not
3084	prohibit a county or municipality from requiring a business tax
3085	pursuant to chapter 205.
3086	Section 114.  Sections 501.012, 501.0125, 501.013, 501.014,
3087	501.015, 501.016, 501.017, 501.018, and 501.019, Florida
3088	Statutes, are repealed.
3089	Section 115.  Paragraph (d) of subsection (2) of section
3090	501.165, Florida Statutes, is amended to read:
3091	501.165  Automatic renewal of service contracts.-
3092	(2)  SERVICE CONTRACTS WITH AUTOMATIC RENEWAL PROVISIONS.-
3093	(d)  This subsection does not apply to:
3094	1.  A financial institution as defined in s. 655.005(1)(h)
3095	or any depository institution as defined in 12 U.S.C. s.
3096	1813(c)(2).
3097	2.  A foreign bank maintaining a branch or agency licensed
3098	under the laws of any state of the United States.
3099	3.  Any subsidiary or affiliate of an entity described in
3100	subparagraph 1. or subparagraph 2.
3101	4.  A health studio as defined in s. 501.0125(1).
3102	4.5.  Any entity licensed under chapter 624, chapter 627,
3103	chapter 634, chapter 636, or chapter 641.
3104	5.6.  Any electric utility as defined in s. 366.02(2).
3105	6.7.  Any private company as defined in s. 180.05 providing
3106	services described in chapter 180 that is competing against a
3107	governmental entity or has a governmental entity providing
3108	billing services on its behalf.
3109	Section 116.  Section 501.143, Florida Statutes, is
3110	repealed.
3111	Section 117.  Section 205.1969, Florida Statutes, is
3112	repealed.
3113	Section 118.  Part IV of chapter 501, Florida Statutes,
3114	consisting of sections 501.601, 501.602, 501.603, 501.604,
3115	501.605, 501.606, 501.607, 501.608, 501.609, 501.611, 501.612,
3116	501.613, 501.614, 501.615, 501.616, 501.617, 501.618, 501.619,
3117	501.621, 501.622, 501.623, 501.624, 501.625, and 501.626, is
3118	repealed.
3119	Section 119.  Section 205.1973, Florida Statutes, is
3120	repealed.
3121	Section 120.  Paragraph (b) of subsection (1) of section
3122	501.165, Florida Statutes, is amended to read:
3123	501.165  Automatic renewal of service contracts.-
3124	(1)  DEFINITIONS.-As used in this section:
3125	(b)  "Consumer" means a natural person an individual, as
3126	defined in s. 501.603, receiving service, maintenance, or repair
3127	under a service contract. The term does not include an
3128	individual engaged in business or employed by or otherwise
3129	acting on behalf of a governmental entity if the individual
3130	enters into the service contract as part of or ancillary to the
3131	individual's business activities or on behalf of the business or
3132	governmental entity.
3133	Section 121.  Paragraph (c) of subsection (1) of section
3134	648.44, Florida Statutes, is amended to read:
3135	648.44  Prohibitions; penalty.-
3136	(1)  A bail bond agent or temporary bail bond agent may
3137	not:
3138	(c)  Initiate in-person or telephone solicitation after
3139	9:00 p.m. or before 8:00 a.m., in the case of domestic violence
3140	cases, at the residence of the detainee or the detainee's
3141	family. Any solicitation not prohibited by this chapter must
3142	comply with the telephone solicitation requirements in s. ss.
3143	501.059(2) and (4), 501.613, and 501.616(6).
3144	Section 122.  Paragraph (a) of subsection (1) of section
3145	772.102, Florida Statutes, is amended to read:
3146	772.102  Definitions.-As used in this chapter, the term:
3147	(1)  "Criminal activity" means to commit, to attempt to
3148	commit, to conspire to commit, or to solicit, coerce, or
3149	intimidate another person to commit:
3150	(a)  Any crime that is chargeable by indictment or
3151	information under the following provisions:
3152	1.  Section 210.18, relating to evasion of payment of
3153	cigarette taxes.
3154	2.  Section 414.39, relating to public assistance fraud.
3155	3.  Section 440.105 or s. 440.106, relating to workers'
3156	compensation.
3157	4.  Part IV of chapter 501, relating to telemarketing.
3158	4.5.  Chapter 517, relating to securities transactions.
3159	5.6.  Section 550.235 or s. 550.3551, relating to dogracing
3160	and horseracing.
3161	6.7.  Chapter 550, relating to jai alai frontons.
3162	7.8.  Chapter 552, relating to the manufacture,
3163	distribution, and use of explosives.
3164	8.9.  Chapter 562, relating to beverage law enforcement.
3165	9.10.  Section 624.401, relating to transacting insurance
3166	without a certificate of authority, s. 624.437(4)(c)1., relating
3167	to operating an unauthorized multiple-employer welfare
3168	arrangement, or s. 626.902(1)(b), relating to representing or
3169	aiding an unauthorized insurer.
3170	10.11.  Chapter 687, relating to interest and usurious
3171	practices.
3172	11.12.  Section 721.08, s. 721.09, or s. 721.13, relating
3173	to real estate timeshare plans.
3174	12.13.  Chapter 782, relating to homicide.
3175	13.14.  Chapter 784, relating to assault and battery.
3176	14.15.  Chapter 787, relating to kidnapping or human
3177	trafficking.
3178	15.16.  Chapter 790, relating to weapons and firearms.
3179	16.17.  Section 796.03, s. 796.04, s. 796.045, s. 796.05,
3180	or s. 796.07, relating to prostitution.
3181	17.18.  Chapter 806, relating to arson.
3182	18.19.  Section 810.02(2)(c), relating to specified
3183	burglary of a dwelling or structure.
3184	19.20.  Chapter 812, relating to theft, robbery, and
3185	related crimes.
3186	20.21.  Chapter 815, relating to computer-related crimes.
3187	21.22.  Chapter 817, relating to fraudulent practices,
3188	false pretenses, fraud generally, and credit card crimes.
3189	22.23.  Section 827.071, relating to commercial sexual
3190	exploitation of children.
3191	23.24.  Chapter 831, relating to forgery and
3192	counterfeiting.
3193	24.25.  Chapter 832, relating to issuance of worthless
3194	checks and drafts.
3195	25.26.  Section 836.05, relating to extortion.
3196	26.27.  Chapter 837, relating to perjury.
3197	27.28.  Chapter 838, relating to bribery and misuse of
3198	public office.
3199	28.29.  Chapter 843, relating to obstruction of justice.
3200	29.30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
3201	or s. 847.07, relating to obscene literature and profanity.
3202	30.31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
3203	s. 849.25, relating to gambling.
3204	31.32.  Chapter 893, relating to drug abuse prevention and
3205	control.
3206	32.33.  Section 914.22 or s. 914.23, relating to witnesses,
3207	victims, or informants.
3208	33.34.  Section 918.12 or s. 918.13, relating to tampering
3209	with jurors and evidence.
3210	Section 123.  Paragraph (a) of subsection (1) of section
3211	895.02, Florida Statutes, is amended to read:
3212	895.02  Definitions.-As used in ss. 895.01-895.08, the
3213	term:
3214	(1)  "Racketeering activity" means to commit, to attempt to
3215	commit, to conspire to commit, or to solicit, coerce, or
3216	intimidate another person to commit:
3217	(a)  Any crime that is chargeable by petition, indictment,
3218	or information under the following provisions of the Florida
3219	Statutes:
3220	1.  Section 210.18, relating to evasion of payment of
3221	cigarette taxes.
3222	2.  Section 316.1935, relating to fleeing or attempting to
3223	elude a law enforcement officer and aggravated fleeing or
3224	eluding.
3225	3.  Section 403.727(3)(b), relating to environmental
3226	control.
3227	4.  Section 409.920 or s. 409.9201, relating to Medicaid
3228	fraud.
3229	5.  Section 414.39, relating to public assistance fraud.
3230	6.  Section 440.105 or s. 440.106, relating to workers'
3231	compensation.
3232	7.  Section 443.071(4), relating to creation of a
3233	fictitious employer scheme to commit unemployment compensation
3234	fraud.
3235	8.  Section 465.0161, relating to distribution of medicinal
3236	drugs without a permit as an Internet pharmacy.
3237	9.  Section 499.0051, relating to crimes involving
3238	contraband and adulterated drugs.
3239	10.  Part IV of chapter 501, relating to telemarketing.
3240	10.11.  Chapter 517, relating to sale of securities and
3241	investor protection.
3242	11.12.  Section 550.235 or s. 550.3551, relating to
3243	dogracing and horseracing.
3244	12.13.  Chapter 550, relating to jai alai frontons.
3245	13.14.  Section 551.109, relating to slot machine gaming.
3246	14.15.  Chapter 552, relating to the manufacture,
3247	distribution, and use of explosives.
3248	15.16.  Chapter 560, relating to money transmitters, if the
3249	violation is punishable as a felony.
3250	16.17.  Chapter 562, relating to beverage law enforcement.
3251	17.18.  Section 624.401, relating to transacting insurance
3252	without a certificate of authority, s. 624.437(4)(c)1., relating
3253	to operating an unauthorized multiple-employer welfare
3254	arrangement, or s. 626.902(1)(b), relating to representing or
3255	aiding an unauthorized insurer.
3256	18.19.  Section 655.50, relating to reports of currency
3257	transactions, when such violation is punishable as a felony.
3258	19.20.  Chapter 687, relating to interest and usurious
3259	practices.
3260	20.21.  Section 721.08, s. 721.09, or s. 721.13, relating
3261	to real estate timeshare plans.
3262	21.22.  Section 775.13(5)(b), relating to registration of
3263	persons found to have committed any offense for the purpose of
3264	benefiting, promoting, or furthering the interests of a criminal
3265	gang.
3266	22.23.  Section 777.03, relating to commission of crimes by
3267	accessories after the fact.
3268	23.24.  Chapter 782, relating to homicide.
3269	24.25.  Chapter 784, relating to assault and battery.
3270	25.26.  Chapter 787, relating to kidnapping or human
3271	trafficking.
3272	26.27.  Chapter 790, relating to weapons and firearms.
3273	27.28.  Chapter 794, relating to sexual battery, but only
3274	if such crime was committed with the intent to benefit, promote,
3275	or further the interests of a criminal gang, or for the purpose
3276	of increasing a criminal gang member's own standing or position
3277	within a criminal gang.
3278	28.29.  Section 796.03, s. 796.035, s. 796.04, s. 796.045,
3279	s. 796.05, or s. 796.07, relating to prostitution and sex
3280	trafficking.
3281	29.30.  Chapter 806, relating to arson and criminal
3282	mischief.
3283	30.31.  Chapter 810, relating to burglary and trespass.
3284	31.32.  Chapter 812, relating to theft, robbery, and
3285	related crimes.
3286	32.33.  Chapter 815, relating to computer-related crimes.
3287	33.34.  Chapter 817, relating to fraudulent practices,
3288	false pretenses, fraud generally, and credit card crimes.
3289	34.35.  Chapter 825, relating to abuse, neglect, or
3290	exploitation of an elderly person or disabled adult.
3291	35.36.  Section 827.071, relating to commercial sexual
3292	exploitation of children.
3293	36.37.  Chapter 831, relating to forgery and
3294	counterfeiting.
3295	37.38.  Chapter 832, relating to issuance of worthless
3296	checks and drafts.
3297	38.39.  Section 836.05, relating to extortion.
3298	39.40.  Chapter 837, relating to perjury.
3299	40.41.  Chapter 838, relating to bribery and misuse of
3300	public office.
3301	41.42.  Chapter 843, relating to obstruction of justice.
3302	42.43.  Section 847.011, s. 847.012, s. 847.013, s. 847.06,
3303	or s. 847.07, relating to obscene literature and profanity.
3304	43.44.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or
3305	s. 849.25, relating to gambling.
3306	44.45.  Chapter 874, relating to criminal gangs.
3307	45.46.  Chapter 893, relating to drug abuse prevention and
3308	control.
3309	46.47.  Chapter 896, relating to offenses related to
3310	financial transactions.
3311	47.48.  Sections 914.22 and 914.23, relating to tampering
3312	with or harassing a witness, victim, or informant, and
3313	retaliation against a witness, victim, or informant.
3314	48.49.  Sections 918.12 and 918.13, relating to tampering
3315	with jurors and evidence.
3316	Section 124.  Chapter 507, Florida Statutes, consisting of
3317	sections 507.01, 507.02, 507.03, 507.04, 507.05, 507.06, 507.07,
3318	507.08, 507.09, 507.10, 507.11, 507.12, and 507.13, is repealed.
3319	Section 125.  Section 205.1975, Florida Statutes, is
3320	repealed.
3321	Section 126.  Subsection (1) of section 509.242, Florida
3322	Statutes, is amended to read:
3323	509.242  Public lodging establishments; classifications.-
3324	(1)  A public lodging establishment shall be classified as
3325	a hotel, motel, resort condominium, nontransient apartment,
3326	transient apartment, roominghouse, bed and breakfast inn, or
3327	resort dwelling if the establishment satisfies the following
3328	criteria:
3329	(a)  Hotel.-A hotel is any public lodging establishment
3330	containing sleeping room accommodations for 25 or more guests
3331	and providing the services generally provided by a hotel and
3332	recognized as a hotel in the community in which it is situated
3333	or by the industry.
3334	(b)  Motel.-A motel is any public lodging establishment
3335	which offers rental units with an exit to the outside of each
3336	rental unit, daily or weekly rates, offstreet parking for each
3337	unit, a central office on the property with specified hours of
3338	operation, a bathroom or connecting bathroom for each rental
3339	unit, and at least six rental units, and which is recognized as
3340	a motel in the community in which it is situated or by the
3341	industry.
3342	(c)  Resort condominium.-A resort condominium is any unit
3343	or group of units in a condominium, cooperative, or timeshare
3344	plan which is rented more than three times in a calendar year
3345	for periods of less than 30 days or 1 calendar month, whichever
3346	is less, or which is advertised or held out to the public as a
3347	place regularly rented for periods of less than 30 days or 1
3348	calendar month, whichever is less.
3349	(d)  Nontransient apartment or roominghouse.-A nontransient
3350	apartment or roominghouse is a building or complex of buildings
3351	in which 75 percent or more of the units are available for rent
3352	to nontransient tenants.
3353	(e)  Transient apartment or roominghouse.-A transient
3354	apartment or roominghouse is a building or complex of buildings
3355	in which more than 25 percent of the units are advertised or
3356	held out to the public as available for transient occupancy.
3357	(f)  Roominghouse.-A roominghouse is any public lodging
3358	establishment that may not be classified as a hotel, motel,
3359	resort condominium, nontransient apartment, bed and breakfast
3360	inn, or transient apartment under this section. A roominghouse
3361	includes, but is not limited to, a boardinghouse.
3362	(f)(g)  Resort dwelling.-A resort dwelling is any
3363	individually or collectively owned one-family, two-family,
3364	three-family, or four-family dwelling house or dwelling unit
3365	which is rented more than three times in a calendar year for
3366	periods of less than 30 days or 1 calendar month, whichever is
3367	less, or which is advertised or held out to the public as a
3368	place regularly rented for periods of less than 30 days or 1
3369	calendar month, whichever is less.
3370	(g)(h)  Bed and breakfast inn.-A bed and breakfast inn is a
3371	family home structure, with no more than 15 sleeping rooms,
3372	which has been modified to serve as a transient public lodging
3373	establishment, which provides the accommodation and meal
3374	services generally offered by a bed and breakfast inn, and which
3375	is recognized as a bed and breakfast inn in the community in
3376	which it is situated or by the hospitality industry.
3377	Section 127.  Subsection (9) of section 509.221, Florida
3378	Statutes, is amended to read:
3379	509.221  Sanitary regulations.-
3380	(9)  Subsections (2), (5), and (6) do not apply to any
3381	facility or unit classified as a resort condominium,
3382	nontransient apartment, or resort dwelling as described in s.
3383	509.242(1)(c), (d), and (f)(g).
3384	Section 128.  Chapter 555, Florida Statutes, consisting of
3385	sections 555.01, 555.02, 555.03, 555.04, 555.05, 555.07, and
3386	555.08, is repealed.
3387	Section 129.  Part VIII of chapter 559, Florida Statutes,
3388	consisting of sections 559.80, 559.801, 559.802, 559.803,
3389	559.805, 559.807, 559.809, 559.811, 559.813, and 559.815, is
3390	repealed.
3391	Section 130.  Part IX of chapter 559, Florida Statutes,
3392	consisting of sections 559.901, 559.902, 559.903, 559.904,
3393	559.905, 559.907, 559.909, 559.911, 559.915, 559.916, 559.917,
3394	559.919, 559.920, 559.921, 559.9215, 559.922, 559.92201, and
3395	559.9221, is repealed.
3396	Section 131.  Paragraph (a) of subsection (9) of section
3397	320.27, Florida Statutes, is amended to read:
3398	320.27  Motor vehicle dealers.-
3399	(9)  DENIAL, SUSPENSION, OR REVOCATION.-
3400	(a)  The department may deny, suspend, or revoke any
3401	license issued hereunder or under the provisions of s. 320.77 or
3402	s. 320.771 upon proof that an applicant or a licensee has:
3403	1.  Committed fraud or willful misrepresentation in
3404	application for or in obtaining a license.
3405	2.  Been convicted of a felony.
3406	3.  Failed to honor a bank draft or check given to a motor
3407	vehicle dealer for the purchase of a motor vehicle by another
3408	motor vehicle dealer within 10 days after notification that the
3409	bank draft or check has been dishonored. If the transaction is
3410	disputed, the maker of the bank draft or check shall post a bond
3411	in accordance with the provisions of s. 559.917, and no
3412	proceeding for revocation or suspension shall be commenced until
3413	the dispute is resolved.
3414	4.a.  Failed to provide payment within 10 business days to
3415	the department for a check payable to the department that was
3416	dishonored due to insufficient funds in the amount due plus any
3417	statutorily authorized fee for uttering a worthless check. The
3418	department shall notify an applicant or licensee when the
3419	applicant or licensee makes payment to the department by a check
3420	that is subsequently dishonored by the bank due to insufficient
3421	funds. The applicant or licensee shall, within 10 business days
3422	after receiving the notice, provide payment to the department in
3423	the form of cash in the amount due plus any statutorily
3424	authorized fee. If the applicant or licensee fails to make such
3425	payment within 10 business days, the department may deny,
3426	suspend, or revoke the applicant's or licensee's motor vehicle
3427	dealer license.
3428	b.  Stopped payment on a check payable to the department,
3429	issued a check payable to the department from an account that
3430	has been closed, or charged back a credit card transaction to
3431	the department. If an applicant or licensee commits any such
3432	act, the department may deny, suspend, or revoke the applicant's
3433	or licensee's motor vehicle dealer license.
3434	Section 132.  Paragraph (a) of subsection (1) of section
3435	445.025, Florida Statutes, is amended to read:
3436	445.025  Other support services.-Support services shall be
3437	provided, if resources permit, to assist participants in
3438	complying with work activity requirements outlined in s.
3439	445.024. If resources do not permit the provision of needed
3440	support services, the regional workforce board may prioritize or
3441	otherwise limit provision of support services. This section does
3442	not constitute an entitlement to support services. Lack of
3443	provision of support services may be considered as a factor in
3444	determining whether good cause exists for failing to comply with
3445	work activity requirements but does not automatically constitute
3446	good cause for failing to comply with work activity
3447	requirements, and does not affect any applicable time limit on
3448	the receipt of temporary cash assistance or the provision of
3449	services under chapter 414. Support services shall include, but
3450	need not be limited to:
3451	(1)  TRANSPORTATION.-Transportation expenses may be
3452	provided to any participant when the assistance is needed to
3453	comply with work activity requirements or employment
3454	requirements, including transportation to and from a child care
3455	provider. Payment may be made in cash or tokens in advance or
3456	through reimbursement paid against receipts or invoices.
3457	Transportation services may include, but are not limited to,
3458	cooperative arrangements with the following: public transit
3459	providers; community transportation coordinators designated
3460	under chapter 427; school districts; churches and community
3461	centers; donated motor vehicle programs, van pools, and
3462	ridesharing programs; small enterprise developments and
3463	entrepreneurial programs that encourage participants to become
3464	transportation providers; public and private transportation
3465	partnerships; and other innovative strategies to expand
3466	transportation options available to program participants.
3467	(a)  Regional workforce boards may provide payment for
3468	vehicle operational and repair expenses, including repair
3469	expenditures necessary to make a vehicle functional; vehicle
3470	registration fees; driver's license fees; and liability
3471	insurance for the vehicle for a period of up to 6 months.
3472	Request for vehicle repairs must be accompanied by an estimate
3473	of the cost prepared by a repair facility registered under s.
3474
3475	Section 133.  Paragraph (i) of subsection (1) of section
3476	713.585, Florida Statutes, is redesignated as paragraph (h),
3477	subsections (12) and (13) of that section are renumbered as
3478	subsections (11) and (12), respectively, and present paragraph
3479	(h) of subsection (1) and present subsection (11) of that
3480	section is amended, to read:
3481	713.585  Enforcement of lien by sale of motor vehicle.-A
3482	person claiming a lien under s. 713.58 for performing labor or
3483	services on a motor vehicle may enforce such lien by sale of the
3484	vehicle in accordance with the following procedures:
3485	(1)  The lienor must give notice, by certified mail, return
3486	receipt requested, within 15 business days, excluding Saturday
3487	and Sunday, from the beginning date of the assessment of storage
3488	charges on said motor vehicle, to the registered owner of the
3489	vehicle, to the customer as indicated on the order for repair,
3490	and to all other persons claiming an interest in or lien
3491	thereon, as disclosed by the records of the Department of
3492	Highway Safety and Motor Vehicles or of a corresponding agency
3493	of any other state in which the vehicle appears registered. Such
3494	notice must contain:
3495	(h)  Notice that the owner of the vehicle has a right to
3496	recover possession of the vehicle without instituting judicial
3497	proceedings by posting bond in accordance with the provisions of
3498	s. 559.917.
3499	(11)  Nothing in this section shall operate in derogation
3500	of the rights and remedies established by s. 559.917.
3501	Section 134.  Part XI of chapter 559, Florida Statutes,
3502	consisting of sections 559.926, 559.927, 559.928, 559.9285,
3503	559.929, 559.9295, 559.931, 559.932, 559.933, 559.9335, 559.934,
3504	559.935, 559.9355, 559.936, 559.937, 559.938, and 559.939, is
3505	repealed.
3506	Section 135.  Section 205.1971, Florida Statutes, is
3507	repealed.
3508	Section 136.  Subsections (21) through (28) of section
3509	501.604, Florida Statutes, are renumbered as subsections (20)
3510	through (28), respectively, and present subsection (20) of that
3511	section is amended to read:
3512	501.604  Exemptions.-The provisions of this part, except
3513	ss. 501.608 and 501.616(6) and (7), do not apply to:
3514	(20)  A person who is registered pursuant to part XI of
3515	chapter 559 and who is soliciting within the scope of the
3516	registration.
3517	Section 137.  Paragraph (b) of subsection (1) of section
3518	501.608, Florida Statutes, is amended to read:
3519	501.608  License or affidavit of exemption; occupational
3520	license.-
3521	(1)
3522	(b)  Any commercial telephone seller claiming to be exempt
3523	from the act under s. 501.604(2), (3), (5), (6), (9), (10),
3524	(11), (12), (17), (20) (21), (21) (22), (23) (24), or (25) (26)
3525	must file with the department a notarized affidavit of
3526	exemption. The affidavit of exemption must be on forms
3527	prescribed by the department and must require the name of the
3528	commercial telephone seller, the name of the business, and the
3529	business address. Any commercial telephone seller maintaining
3530	more than one business may file a single notarized affidavit of
3531	exemption that clearly indicates the location of each place of
3532	business. If a change of ownership occurs, the commercial
3533	telephone seller must notify the department.
3534	Section 138.  Subsection (5) of section 636.044, Florida
3535	Statutes, is amended to read:
3536	636.044  Agent licensing.-
3537	(5)  A person registered as a seller of travel under s.
3538	559.928 is not required to be licensed under this section in
3539	order to sell prepaid limited health service contracts that
3540	cover the cost of transportation provided by an air ambulance
3541	service licensed pursuant to s. 401.251. The prepaid limited
3542	health service contract for such coverage is, however, subject
3543	to all applicable provisions of this chapter.
3544	Section 139.  Paragraph (d) of subsection (3) of section
3545	721.11, Florida Statutes, is amended to read:
3546	721.11  Advertising materials; oral statements.-
3547	(3)  The term "advertising material" does not include:
3548	(d)  Any audio, written, or visual publication or material
3549	relating to the promotion of the availability of any
3550	accommodations or facilities, or both, for transient rental,
3551	including any arrangement governed by part XI of chapter 559, so
3552	long as a mandatory tour of a timeshare plan or attendance at a
3553	mandatory sales presentation is not a term or condition of the
3554	availability of such accommodations or facilities, or both, and
3555	so long as the failure of any transient renter to take a tour of
3556	a timeshare plan or attend a sales presentation does not result
3557	in the transient renter receiving less than what was promised to
3558	the transient renter in such materials.
3559	Section 140.  Section 686.201, Florida Statutes, is
3560	repealed.
3561	Section 141.  Section 817.559, Florida Statutes, is
3562	repealed.
3563	Section 142.  Subsection (1) of section 73.072, Florida
3564	Statutes, is amended to read:
3565	73.072  Mobile home parks; compensation for permanent
3566	improvements by mobile home owners.-
3567	(1)  When all or a portion of a mobile home park as defined
3568	in s. 723.003(6) is appropriated under this chapter, the
3569	condemning authority shall separately determine the compensation
3570	for any permanent improvements made to each site. This
3571	compensation shall be awarded to the mobile home owner leasing
3572	the site if:
3573	(a)  The effect of the taking includes a requirement that
3574	the mobile home owner remove or relocate his or her mobile home
3575	from the site;
3576	(b)  The mobile home owner currently leasing the site has
3577	paid for the permanent improvements to the site; and
3578	(c)  The value of the permanent improvements on the site
3579	exceeds $1,000 as of the date of taking.
3580	Section 143.  Paragraph (e) of subsection (6) of section
3581	192.037, Florida Statutes, is amended to read:
3582	192.037  Fee timeshare real property; taxes and
3583	assessments; escrow.-
3584	(6)
3585	(e)  On or before May 1 of each year, a statement of
3586	receipts and disbursements of the escrow account must be filed
3587	with the Division of Florida Condominiums, Timeshares, and
3588	Mobile Homes of the Department of Business and Professional
3589	Regulation, which may enforce this paragraph pursuant to s.
3590	721.26. This statement must appropriately show the amount of
3591	principal and interest in such account.
3592	Section 144.  Paragraph (i) of subsection (8) of section
3593	213.053, Florida Statutes, is amended to read:
3594	213.053  Confidentiality and information sharing.-
3595	(8)  Notwithstanding any other provision of this section,
3596	the department may provide:
3597	(i)  Information relative to chapters 212 and 326 to the
3598	Division of Florida Condominiums, Timeshares, and Mobile Homes
3599	of the Department of Business and Professional Regulation in the
3600	conduct of its official duties.
3601
3602	Disclosure of information under this subsection shall be
3603	pursuant to a written agreement between the executive director
3604	and the agency. Such agencies, governmental or nongovernmental,
3605	shall be bound by the same requirements of confidentiality as
3606	the Department of Revenue. Breach of confidentiality is a
3607	misdemeanor of the first degree, punishable as provided by s.
3608	775.082 or s. 775.083.
3609	Section 145.  Paragraph (a) of subsection (1) of section
3610	336.125, Florida Statutes, is amended to read:
3611	336.125  Closing and abandonment of roads; optional
3612	conveyance to homeowners' association; traffic control
3613	jurisdiction.-
3614	(1)(a)  In addition to the authority provided in s. 336.12,
3615	the governing body of the county may abandon the roads and
3616	rights-of-way dedicated in a recorded residential subdivision
3617	plat and simultaneously convey the county's interest in such
3618	roads, rights-of-way, and appurtenant drainage facilities to a
3619	homeowners' association for the subdivision, if the following
3620	conditions have been met:
3621	1.  The homeowners' association has requested the
3622	abandonment and conveyance in writing for the purpose of
3623	converting the subdivision to a gated neighborhood with
3624	restricted public access.
3625	2.  No fewer than four-fifths of the owners of record of
3626	property located in the subdivision have consented in writing to
3627	the abandonment and simultaneous conveyance to the homeowners'
3628	association.
3629	3.  The homeowners' association is both a corporation not
3630	for profit organized and in good standing under chapter 617, and
3631	a "homeowners' association" as defined in s. 720.301(9) with the
3632	power to levy and collect assessments for routine and periodic
3633	major maintenance and operation of street lighting, drainage,
3634	sidewalks, and pavement in the subdivision.
3635	4.  The homeowners' association has entered into and
3636	executed such agreements, covenants, warranties, and other
3637	instruments; has provided, or has provided assurance of, such
3638	funds, reserve funds, and funding sources; and has satisfied
3639	such other requirements and conditions as may be established or
3640	imposed by the county with respect to the ongoing operation,
3641	maintenance, and repair and the periodic reconstruction or
3642	replacement of the roads, drainage, street lighting, and
3643	sidewalks in the subdivision after the abandonment by the
3644	county.
3645	Section 146.  Paragraph (b) of subsection (8) of section
3646	475.011, Florida Statutes, is amended to read:
3647	475.011  Exemptions.-This part does not apply to:
3648	(8)
3649	(b)  An exchange company, as that term is defined by s.
3650	721.05(14)(15), but only to the extent that the exchange company
3651	is engaged in exchange program activities as described in and is
3652	in compliance with s. 721.18.
3653	Section 147.  Subsection (2) of section 558.002, Florida
3654	Statutes, is amended to read:
3655	558.002  Definitions.-As used in this chapter, the term:
3656	(2)  "Association" has the same meaning as in s.
3657	718.103(2), s. 719.103(2), s. 720.301(9), or s. 723.075.
3658	Section 148.  Subsections (18) through (30) of section
3659	718.103, Florida Statutes, are renumbered as subsections (17)
3660	through (29), respectively, and subsection (17) of that section
3661	is amended to read:
3662	718.103  Definitions.-As used in this chapter, the term:
3663	(17)  "Division" means the Division of Florida
3664	Condominiums, Timeshares, and Mobile Homes of the Department of
3665	Business and Professional Regulation.
3666	Section 149.  Subsection (2) of section 718.1085, Florida
3667	Statutes, is amended to read:
3668	718.1085  Certain regulations not to be retroactively
3669	applied.-Notwithstanding the provisions of chapter 633 or of any
3670	other code, statute, ordinance, administrative rule, or
3671	regulation, or any interpretation thereof, an association,
3672	condominium, or unit owner is not obligated to retrofit the
3673	common elements or units of a residential condominium that meets
3674	the definition of "housing for older persons" in s.
3675	760.29(4)(b)3. to comply with requirements relating to handrails
3676	and guardrails if the unit owners have voted to forego such
3677	retrofitting by the affirmative vote of two-thirds of all voting
3678	interests in the affected condominium. However, a condominium
3679	association may not vote to forego the retrofitting in common
3680	areas in a high-rise building. For the purposes of this section,
3681	the term "high-rise building" means a building that is greater
3682	than 75 feet in height where the building height is measured
3683	from the lowest level of fire department access to the floor of
3684	the highest occupiable level. For the purposes of this section,
3685	the term "common areas" means stairwells and exposed, outdoor
3686	walkways and corridors. In no event shall the local authority
3687	having jurisdiction require retrofitting of common areas with
3688	handrails and guardrails before the end of 2014.
3689	(2)  As part of the information collected annually from
3690	condominiums, the division shall require condominium
3691	associations must to report the membership vote and recording of
3692	a certificate under this subsection and, if retrofitting has
3693	been undertaken, the per-unit cost of such work. The division
3694	shall annually report to the Division of State Fire Marshal of
3695	the Department of Financial Services the number of condominiums
3696	that have elected to forego retrofitting.
3697	Section 150.  Paragraph (a) of subsection (1), paragraph
3698	(b) of subsection (7), paragraphs (a) and (c) of subsection
3699	(12), and subsection (13) of section 718.111, Florida Statutes,
3700	are amended to read:
3701	718.111  The association.-
3702	(1)  CORPORATE ENTITY.-
3703	(a)  The operation of the condominium shall be by the
3704	association, which must be a Florida corporation for profit or a
3705	Florida corporation not for profit. However, any association
3706	which was in existence on January 1, 1977, need not be
3707	incorporated. The owners of units shall be shareholders or
3708	members of the association. The officers and directors of the
3709	association have a fiduciary relationship to the unit owners. It
3710	is the intent of the Legislature that nothing in this paragraph
3711	shall be construed as providing for or removing a requirement of
3712	a fiduciary relationship between any manager employed by the
3713	association and the unit owners. An officer, director, or
3714	manager may not solicit, offer to accept, or accept any thing or
3715	service of value for which consideration has not been provided
3716	for his or her own benefit or that of his or her immediate
3717	family, from any person providing or proposing to provide goods
3718	or services to the association. Any such officer, director, or
3719	manager who knowingly so solicits, offers to accept, or accepts
3720	any thing or service of value is subject to a civil penalty
3721	pursuant to s. 718.501(1)(d). However, this paragraph does not
3722	prohibit an officer, director, or manager from accepting
3723	services or items received in connection with trade fairs or
3724	education programs. An association may operate more than one
3725	condominium.
3726	(7)  TITLE TO PROPERTY.-
3727	(b)  Subject to the provisions of s. 718.112(2)(l)(m), the
3728	association, through its board, has the limited power to convey
3729	a portion of the common elements to a condemning authority for
3730	the purposes of providing utility easements, right-of-way
3731	expansion, or other public purposes, whether negotiated or as a
3732	result of eminent domain proceedings.
3733	(12)  OFFICIAL RECORDS.-
3734	(a)  From the inception of the association, the association
3735	shall maintain each of the following items, if applicable, which
3736	shall constitute the official records of the association:
3737	1.  A copy of the plans, permits, warranties, and other
3738	items provided by the developer pursuant to s. 718.301(4).
3739	2.  A photocopy of the recorded declaration of condominium
3740	of each condominium operated by the association and of each
3741	amendment to each declaration.
3742	3.  A photocopy of the recorded bylaws of the association
3743	and of each amendment to the bylaws.
3744	4.  A certified copy of the articles of incorporation of
3745	the association, or other documents creating the association,
3746	and of each amendment thereto.
3747	5.  A copy of the current rules of the association.
3748	6.  A book or books which contain the minutes of all
3749	meetings of the association, of the board of administration, and
3750	of unit owners, which minutes must be retained for at least 7
3751	years.
3752	7.  A current roster of all unit owners and their mailing
3753	addresses, unit identifications, voting certifications, and, if
3754	known, telephone numbers. The association shall also maintain
3755	the electronic mailing addresses and the numbers designated by
3756	unit owners for receiving notice sent by electronic transmission
3757	of those unit owners consenting to receive notice by electronic
3758	transmission. The electronic mailing addresses and telephone
3759	numbers must be removed from association records if consent to
3760	receive notice by electronic transmission is revoked. However,
3761	the association is not liable for an erroneous disclosure of the
3762	electronic mail address or the number for receiving electronic
3763	transmission of notices.
3764	8.  All current insurance policies of the association and
3765	condominiums operated by the association.
3766	9.  A current copy of any management agreement, lease, or
3767	other contract to which the association is a party or under
3768	which the association or the unit owners have an obligation or
3769	responsibility.
3770	10.  Bills of sale or transfer for all property owned by
3771	the association.
3772	11.  Accounting records for the association and separate
3773	accounting records for each condominium which the association
3774	operates. All accounting records shall be maintained for at
3775	least 7 years. Any person who knowingly or intentionally defaces
3776	or destroys accounting records required to be created and
3777	maintained by this chapter during the period for which such
3778	records are required to be maintained, or who knowingly or
3779	intentionally fails to create or maintain such records, with the
3780	intent of causing harm to the association or one or more of its
3781	members, is personally subject to a civil penalty pursuant to s.
3782	718.501(1)(d). The accounting records must include, but are not
3783	limited to:
3784	a.  Accurate, itemized, and detailed records of all
3785	receipts and expenditures.
3786	b.  A current account and a monthly, bimonthly, or
3787	quarterly statement of the account for each unit designating the
3788	name of the unit owner, the due date and amount of each
3789	assessment, the amount paid upon the account, and the balance
3790	due.
3791	c.  All audits, reviews, accounting statements, and
3792	financial reports of the association or condominium.
3793	d.  All contracts for work to be performed. Bids for work
3794	to be performed are also considered official records and must be
3795	maintained by the association.
3796	12.  Ballots, sign-in sheets, voting proxies, and all other
3797	papers relating to voting by unit owners, which must be
3798	maintained for 1 year from the date of the election, vote, or
3799	meeting to which the document relates, notwithstanding paragraph
3800	(b).
3801	13.  All rental records if the association is acting as
3802	agent for the rental of condominium units.
3803	14.  A copy of the current question and answer sheet as
3804	described in s. 718.504.
3805	15.  All other records of the association not specifically
3806	included in the foregoing which are related to the operation of
3807	the association.
3808	16.  A copy of the inspection report as provided in s.
3809	718.301(4)(p).
3810	(c)  The official records of the association are open to
3811	inspection by any association member or the authorized
3812	representative of such member at all reasonable times. The right
3813	to inspect the records includes the right to make or obtain
3814	copies, at the reasonable expense, if any, of the member. The
3815	association may adopt reasonable rules regarding the frequency,
3816	time, location, notice, and manner of record inspections and
3817	copying. The failure of an association to provide the records
3818	within 10 working days after receipt of a written request
3819	creates a rebuttable presumption that the association willfully
3820	failed to comply with this paragraph. A unit owner who is denied
3821	access to official records is entitled to the actual damages or
3822	minimum damages for the association's willful failure to comply.
3823	Minimum damages shall be $50 per calendar day up to 10 days, the
3824	calculation to begin on the 11th working day after receipt of
3825	the written request. The failure to permit inspection of the
3826	association records as provided herein entitles any person
3827	prevailing in an enforcement action to recover reasonable
3828	attorney's fees from the person in control of the records who,
3829	directly or indirectly, knowingly denied access to the records.
3830	Any person who knowingly or intentionally defaces or destroys
3831	accounting records that are required by this chapter to be
3832	maintained during the period for which such records are required
3833	to be maintained, or who knowingly or intentionally fails to
3834	create or maintain accounting records that are required to be
3835	created or maintained, with the intent of causing harm to the
3836	association or one or more of its members, is personally subject
3837	to a civil penalty pursuant to s. 718.501(1)(d). The association
3838	shall maintain an adequate number of copies of the declaration,
3839	articles of incorporation, bylaws, and rules, and all amendments
3840	to each of the foregoing, as well as the question and answer
3841	sheet provided for in s. 718.504 and year-end financial
3842	information required in this section, on the condominium
3843	property to ensure their availability to unit owners and
3844	prospective purchasers, and may charge its actual costs for
3845	preparing and furnishing these documents to those requesting the
3846	documents. Notwithstanding the provisions of this paragraph, the
3847	following records are not accessible to unit owners:
3848	1.  Any record protected by the lawyer-client privilege as
3849	described in s. 90.502; and any record protected by the work-
3850	product privilege, including any record prepared by an
3851	association attorney or prepared at the attorney's express
3852	direction; which reflects a mental impression, conclusion,
3853	litigation strategy, or legal theory of the attorney or the
3854	association, and which was prepared exclusively for civil or
3855	criminal litigation or for adversarial administrative
3856	proceedings, or which was prepared in anticipation of imminent
3857	civil or criminal litigation or imminent adversarial
3858	administrative proceedings until the conclusion of the
3859	litigation or adversarial administrative proceedings.
3860	2.  Information obtained by an association in connection
3861	with the approval of the lease, sale, or other transfer of a
3862	unit.
3863	3.  Personnel records of association employees, including,
3864	but not limited to, disciplinary, payroll, health, and insurance
3865	records.
3866	4.  Medical records of unit owners.
3867	5.  Social security numbers, driver's license numbers,
3868	credit card numbers, e-mail addresses, telephone numbers,
3869	emergency contact information, any addresses of a unit owner
3870	other than as provided to fulfill the association's notice
3871	requirements, and other personal identifying information of any
3872	person, excluding the person's name, unit designation, mailing
3873	address, and property address.
3874	6.  Any electronic security measure that is used by the
3875	association to safeguard data, including passwords.
3876	7.  The software and operating system used by the
3877	association which allows manipulation of data, even if the owner
3878	owns a copy of the same software used by the association. The
3879	data is part of the official records of the association.
3880	(13)  FINANCIAL REPORTING.-Within 90 days after the end of
3881	the fiscal year, or annually on a date provided in the bylaws,
3882	the association shall prepare and complete, or contract for the
3883	preparation and completion of, a financial report for the
3884	preceding fiscal year. Within 21 days after the final financial
3885	report is completed by the association or received from the
3886	third party, but not later than 120 days after the end of the
3887	fiscal year or other date as provided in the bylaws, the
3888	association shall mail to each unit owner at the address last
3889	furnished to the association by the unit owner, or hand deliver
3890	to each unit owner, a copy of the financial report or a notice
3891	that a copy of the financial report will be mailed or hand
3892	delivered to the unit owner, without charge, upon receipt of a
3893	written request from the unit owner. The division shall adopt
3894	rules setting forth uniform accounting principles and standards
3895	to be used by all associations and addressing the financial
3896	reporting requirements for multicondominium associations. The
3897	rules must include, but not be limited to, standards for
3898	presenting a summary of association reserves, including a good
3899	faith estimate disclosing the annual amount of reserve funds
3900	that would be necessary for the association to fully fund
3901	reserves for each reserve item based on the straight-line
3902	accounting method. This disclosure is not applicable to reserves
3903	funded via the pooling method. In adopting such rules, the
3904	division shall consider the number of members and annual
3905	revenues of an association. Financial reports shall be prepared
3906	as follows:
3907	(a)  An association that meets the criteria of this
3908	paragraph shall prepare a complete set of financial statements
3909	in accordance with generally accepted accounting principles. The
3910	financial statements must be based upon the association's total
3911	annual revenues, as follows:
3912	1.  An association with total annual revenues of $100,000
3913	or more, but less than $200,000, shall prepare compiled
3914	financial statements.
3915	2.  An association with total annual revenues of at least
3916	$200,000, but less than $400,000, shall prepare reviewed
3917	financial statements.
3918	3.  An association with total annual revenues of $400,000
3919	or more shall prepare audited financial statements.
3920	(b)1.  An association with total annual revenues of less
3921	than $100,000 shall prepare a report of cash receipts and
3922	expenditures.
3923	2.  An association that operates fewer than 75 units,
3924	regardless of the association's annual revenues, shall prepare a
3925	report of cash receipts and expenditures in lieu of financial
3926	statements required by paragraph (a).
3927	3.  A report of cash receipts and disbursements must
3928	disclose the amount of receipts by accounts and receipt
3929	classifications and the amount of expenses by accounts and
3930	expense classifications, including, but not limited to, the
3931	following, as applicable: costs for security, professional and
3932	management fees and expenses, taxes, costs for recreation
3933	facilities, expenses for refuse collection and utility services,
3934	expenses for lawn care, costs for building maintenance and
3935	repair, insurance costs, administration and salary expenses, and
3936	reserves accumulated and expended for capital expenditures,
3937	deferred maintenance, and any other category for which the
3938	association maintains reserves.
3939	(c)  An association may prepare, without a meeting of or
3940	approval by the unit owners:
3941	1.  Compiled, reviewed, or audited financial statements, if
3942	the association is required to prepare a report of cash receipts
3943	and expenditures;
3944	2.  Reviewed or audited financial statements, if the
3945	association is required to prepare compiled financial
3946	statements; or
3947	3.  Audited financial statements if the association is
3948	required to prepare reviewed financial statements.
3949	(d)  If approved by a majority of the voting interests
3950	present at a properly called meeting of the association, an
3951	association may prepare:
3952	1.  A report of cash receipts and expenditures in lieu of a
3953	compiled, reviewed, or audited financial statement;
3954	2.  A report of cash receipts and expenditures or a
3955	compiled financial statement in lieu of a reviewed or audited
3956	financial statement; or
3957	3.  A report of cash receipts and expenditures, a compiled
3958	financial statement, or a reviewed financial statement in lieu
3959	of an audited financial statement.
3960
3961	Such meeting and approval must occur before the end of the
3962	fiscal year and is effective only for the fiscal year in which
3963	the vote is taken, except that the approval may also be
3964	effective for the following fiscal year. With respect to an
3965	association to which the developer has not turned over control
3966	of the association, all unit owners, including the developer,
3967	may vote on issues related to the preparation of financial
3968	reports for the first 2 fiscal years of the association's
3969	operation, beginning with the fiscal year in which the
3970	declaration is recorded. Thereafter, all unit owners except the
3971	developer may vote on such issues until control is turned over
3972	to the association by the developer. Any audit or review
3973	prepared under this section shall be paid for by the developer
3974	if done before turnover of control of the association. An
3975	association may not waive the financial reporting requirements
3976	of this section for more than 3 consecutive years.
3977	Section 151.  Paragraphs (l) through (o) of subsection (2)
3978	of section 718.112, Florida Statutes, are redesignated as
3979	paragraphs (k) through (n), respectively, and paragraphs (a)
3980	through (d), (j), and (k) of that subsection are amended to
3981	read:
3982	718.112  Bylaws.-
3983	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
3984	following and, if they do not do so, shall be deemed to include
3985	the following:
3986	(a)  Administration.-
3987	1.  The form of administration of the association shall be
3988	described indicating the title of the officers and board of
3989	administration and specifying the powers, duties, manner of
3990	selection and removal, and compensation, if any, of officers and
3991	boards. In the absence of such a provision, the board of
3992	administration shall be composed of five members, except in the
3993	case of a condominium which has five or fewer units, in which
3994	case in a not-for-profit corporation the board shall consist of
3995	not fewer than three members. In the absence of provisions to
3996	the contrary in the bylaws, the board of administration shall
3997	have a president, a secretary, and a treasurer, who shall
3998	perform the duties of such officers customarily performed by
3999	officers of corporations. Unless prohibited in the bylaws, the
4000	board of administration may appoint other officers and grant
4001	them the duties it deems appropriate. Unless otherwise provided
4002	in the bylaws, the officers shall serve without compensation and
4003	at the pleasure of the board of administration. Unless otherwise
4004	provided in the bylaws, the members of the board shall serve
4005	without compensation.
4006	2.  When a unit owner files a written inquiry by certified
4007	mail with the board of administration, the board shall respond
4008	in writing to the unit owner within 30 days after of receipt of
4009	the inquiry. The board's response shall either give a
4010	substantive response to the inquirer or, notify the inquirer
4011	that a legal opinion has been requested, or notify the inquirer
4012	that advice has been requested from the division. If the board
4013	requests advice from the division, the board shall, within 10
4014	days of its receipt of the advice, provide in writing a
4015	substantive response to the inquirer. If a legal opinion is
4016	requested, the board shall, within 60 days after the receipt of
4017	the inquiry, provide in writing a substantive response to the
4018	inquiry. The failure to provide a substantive response to the
4019	inquiry as provided herein precludes the board from recovering
4020	attorney's fees and costs in any subsequent litigation,
4021	administrative proceeding, or arbitration arising out of the
4022	inquiry. The association may through its board of administration
4023	adopt reasonable rules and regulations regarding the frequency
4024	and manner of responding to unit owner inquiries, one of which
4025	may be that the association is only obligated to respond to one
4026	written inquiry per unit in any given 30-day period. In such a
4027	case, any additional inquiry or inquiries must be responded to
4028	in the subsequent 30-day period, or periods, as applicable.
4029	(b)  Quorum; voting requirements; proxies.-
4030	1.  Unless a lower number is provided in the bylaws, the
4031	percentage of voting interests required to constitute a quorum
4032	at a meeting of the members shall be a majority of the voting
4033	interests. Unless otherwise provided in this chapter or in the
4034	declaration, articles of incorporation, or bylaws, and except as
4035	provided in subparagraph (d)3., decisions shall be made by
4036	owners of a majority of the voting interests represented at a
4037	meeting at which a quorum is present.
4038	2.  Except as specifically otherwise provided herein, after
4039	January 1, 1992, unit owners may not vote by general proxy, but
4040	may vote by limited proxies substantially conforming to a
4041	limited proxy form adopted by the division. No voting interest
4042	or consent right allocated to a unit owned by the association
4043	shall be exercised or considered for any purpose, whether for a
4044	quorum, an election, or otherwise. Limited proxies and general
4045	proxies may be used to establish a quorum. Limited proxies shall
4046	be used for votes taken to waive or reduce reserves in
4047	accordance with subparagraph (f)2.; for votes taken to waive the
4048	financial reporting requirements of s. 718.111(13); for votes
4049	taken to amend the declaration pursuant to s. 718.110; for votes
4050	taken to amend the articles of incorporation or bylaws pursuant
4051	to this section; and for any other matter for which this chapter
4052	requires or permits a vote of the unit owners. Except as
4053	provided in paragraph (d), after January 1, 1992, no proxy,
4054	limited or general, shall be used in the election of board
4055	members. General proxies may be used for other matters for which
4056	limited proxies are not required, and may also be used in voting
4057	for nonsubstantive changes to items for which a limited proxy is
4058	required and given. Notwithstanding the provisions of this
4059	subparagraph, unit owners may vote in person at unit owner
4060	meetings. Nothing contained herein shall limit the use of
4061	general proxies or require the use of limited proxies for any
4062	agenda item or election at any meeting of a timeshare
4063	condominium association.
4064	3.  Any proxy given shall be effective only for the
4065	specific meeting for which originally given and any lawfully
4066	adjourned meetings thereof. In no event shall any proxy be valid
4067	for a period longer than 90 days after the date of the first
4068	meeting for which it was given. Every proxy is revocable at any
4069	time at the pleasure of the unit owner executing it.
4070	4.  A member of the board of administration or a committee
4071	may submit in writing his or her agreement or disagreement with
4072	any action taken at a meeting that the member did not attend.
4073	This agreement or disagreement may not be used as a vote for or
4074	against the action taken and may not be used for the purposes of
4075	creating a quorum.
4076	5.  When any of the board or committee members meet by
4077	telephone conference, those board or committee members attending
4078	by telephone conference may be counted toward obtaining a quorum
4079	and may vote by telephone. A telephone speaker must be used so
4080	that the conversation of those board or committee members
4081	attending by telephone may be heard by the board or committee
4082	members attending in person as well as by any unit owners
4083	present at a meeting.
4084	(c)  Board of administration meetings.-Meetings of the
4085	board of administration at which a quorum of the members is
4086	present shall be open to all unit owners. Any unit owner may
4087	tape record or videotape meetings of the board of
4088	administration. The right to attend such meetings includes the
4089	right to speak at such meetings with reference to all designated
4090	agenda items. The division shall adopt reasonable rules
4091	governing the tape recording and videotaping of the meeting. The
4092	association may adopt written reasonable rules governing the
4093	frequency, duration, and manner of unit owner statements.
4094	Adequate notice of all meetings, which notice shall specifically
4095	incorporate an identification of agenda items, shall be posted
4096	conspicuously on the condominium property at least 48 continuous
4097	hours preceding the meeting except in an emergency. If 20
4098	percent of the voting interests petition the board to address an
4099	item of business, the board shall at its next regular board
4100	meeting or at a special meeting of the board, but not later than
4101	60 days after the receipt of the petition, place the item on the
4102	agenda. Any item not included on the notice may be taken up on
4103	an emergency basis by at least a majority plus one of the
4104	members of the board. Such emergency action shall be noticed and
4105	ratified at the next regular meeting of the board. However,
4106	written notice of any meeting at which nonemergency special
4107	assessments, or at which amendment to rules regarding unit use,
4108	will be considered shall be mailed, delivered, or electronically
4109	transmitted to the unit owners and posted conspicuously on the
4110	condominium property not less than 14 days prior to the meeting.
4111	Evidence of compliance with this 14-day notice shall be made by
4112	an affidavit executed by the person providing the notice and
4113	filed among the official records of the association. Upon notice
4114	to the unit owners, the board shall by duly adopted rule
4115	designate a specific location on the condominium property or
4116	association property upon which all notices of board meetings
4117	shall be posted. If there is no condominium property or
4118	association property upon which notices can be posted, notices
4119	of board meetings shall be mailed, delivered, or electronically
4120	transmitted at least 14 days before the meeting to the owner of
4121	each unit. In lieu of or in addition to the physical posting of
4122	notice of any meeting of the board of administration on the
4123	condominium property, the association may, by reasonable rule,
4124	adopt a procedure for conspicuously posting and repeatedly
4125	broadcasting the notice and the agenda on a closed-circuit cable
4126	television system serving the condominium association. However,
4127	if broadcast notice is used in lieu of a notice posted
4128	physically on the condominium property, the notice and agenda
4129	must be broadcast at least four times every broadcast hour of
4130	each day that a posted notice is otherwise required under this
4131	section. When broadcast notice is provided, the notice and
4132	agenda must be broadcast in a manner and for a sufficient
4133	continuous length of time so as to allow an average reader to
4134	observe the notice and read and comprehend the entire content of
4135	the notice and the agenda. Notice of any meeting in which
4136	regular or special assessments against unit owners are to be
4137	considered for any reason shall specifically state that
4138	assessments will be considered and the nature, estimated cost,
4139	and description of the purposes for such assessments. Meetings
4140	of a committee to take final action on behalf of the board or
4141	make recommendations to the board regarding the association
4142	budget are subject to the provisions of this paragraph. Meetings
4143	of a committee that does not take final action on behalf of the
4144	board or make recommendations to the board regarding the
4145	association budget are subject to the provisions of this
4146	section, unless those meetings are exempted from this section by
4147	the bylaws of the association. Notwithstanding any other law,
4148	the requirement that board meetings and committee meetings be
4149	open to the unit owners is inapplicable to meetings between the
4150	board or a committee and the association's attorney, with
4151	respect to proposed or pending litigation, when the meeting is
4152	held for the purpose of seeking or rendering legal advice.
4153	(d)  Unit owner meetings.-
4154	1.  An annual meeting of the unit owners shall be held at
4155	the location provided in the association bylaws and, if the
4156	bylaws are silent as to the location, the meeting shall be held
4157	within 45 miles of the condominium property. However, such
4158	distance requirement does not apply to an association governing
4159	a timeshare condominium. Unless the bylaws provide otherwise, a
4160	vacancy on the board caused by the expiration of a director's
4161	term shall be filled by electing a new board member, and the
4162	election must be by secret ballot. However, if the number of
4163	vacancies equals or exceeds the number of candidates, an
4164	election is not required. Except in a timeshare condominium, the
4165	terms of all members of the board expire at the annual meeting
4166	and such board members may stand for reelection unless otherwise
4167	permitted by the bylaws. If the bylaws permit staggered terms of
4168	no more than 2 years and upon approval of a majority of the
4169	total voting interests, the association board members may serve
4170	2-year staggered terms. If the number of board members whose
4171	terms have expired exceeds the number of eligible members
4172	showing interest in or demonstrating an intention to run for the
4173	vacant positions, each board member whose term has expired is
4174	eligible for reappointment to the board of administration and
4175	need not stand for reelection. In a condominium association of
4176	more than 10 units or in a condominium association that does not
4177	include timeshare units or timeshare interests, coowners of a
4178	unit may not serve as members of the board of directors at the
4179	same time unless they own more than one unit or unless there are
4180	not enough eligible candidates to fill the vacancies on the
4181	board at the time of the vacancy. Any unit owner desiring to be
4182	a candidate for board membership must comply with sub-
4183	subparagraph 3.a. A person who has been suspended or removed by
4184	the division under this chapter, or who is delinquent in the
4185	payment of any fee, fine, or special or regular assessment as
4186	provided in paragraph (m)(n), is not eligible for board
4187	membership. A person who has been convicted of any felony in
4188	this state or in a United States District or Territorial Court,
4189	or who has been convicted of any offense in another jurisdiction
4190	that would be considered a felony if committed in this state, is
4191	not eligible for board membership unless such felon's civil
4192	rights have been restored for at least 5 years as of the date on
4193	which such person seeks election to the board. The validity of
4194	an action by the board is not affected if it is later determined
4195	that a member of the board is ineligible for board membership
4196	due to having been convicted of a felony.
4197	2.  The bylaws must provide the method of calling meetings
4198	of unit owners, including annual meetings. Written notice, which
4199	must include an agenda, shall be mailed, hand delivered, or
4200	electronically transmitted to each unit owner at least 14 days
4201	before the annual meeting and must be posted in a conspicuous
4202	place on the condominium property at least 14 continuous days
4203	preceding the annual meeting. Upon notice to the unit owners,
4204	the board shall, by duly adopted rule, designate a specific
4205	location on the condominium property or association property
4206	upon which all notices of unit owner meetings shall be posted.
4207	However, if there is no condominium property or association
4208	property upon which notices can be posted, this requirement does
4209	not apply. In lieu of or in addition to the physical posting of
4210	meeting notices, the association may, by reasonable rule, adopt
4211	a procedure for conspicuously posting and repeatedly
4212	broadcasting the notice and the agenda on a closed-circuit cable
4213	television system serving the condominium association. However,
4214	if broadcast notice is used in lieu of a notice posted
4215	physically on the condominium property, the notice and agenda
4216	must be broadcast at least four times every broadcast hour of
4217	each day that a posted notice is otherwise required under this
4218	section. If broadcast notice is provided, the notice and agenda
4219	must be broadcast in a manner and for a sufficient continuous
4220	length of time so as to allow an average reader to observe the
4221	notice and read and comprehend the entire content of the notice
4222	and the agenda. Unless a unit owner waives in writing the right
4223	to receive notice of the annual meeting, such notice must be
4224	hand delivered, mailed, or electronically transmitted to each
4225	unit owner. Notice for meetings and notice for all other
4226	purposes must be mailed to each unit owner at the address last
4227	furnished to the association by the unit owner, or hand
4228	delivered to each unit owner. However, if a unit is owned by
4229	more than one person, the association shall provide notice, for
4230	meetings and all other purposes, to that one address which the
4231	developer initially identifies for that purpose and thereafter
4232	as one or more of the owners of the unit shall advise the
4233	association in writing, or if no address is given or the owners
4234	of the unit do not agree, to the address provided on the deed of
4235	record. An officer of the association, or the manager or other
4236	person providing notice of the association meeting, shall
4237	provide an affidavit or United States Postal Service certificate
4238	of mailing, to be included in the official records of the
4239	association affirming that the notice was mailed or hand
4240	delivered, in accordance with this provision.
4241	3.  The members of the board shall be elected by written
4242	ballot or voting machine. Proxies may not be used in electing
4243	the board in general elections or elections to fill vacancies
4244	caused by recall, resignation, or otherwise, unless otherwise
4245	provided in this chapter.
4246	a.  At least 60 days before a scheduled election, the
4247	association shall mail, deliver, or electronically transmit,
4248	whether by separate association mailing or included in another
4249	association mailing, delivery, or transmission, including
4250	regularly published newsletters, to each unit owner entitled to
4251	a vote, a first notice of the date of the election. Any unit
4252	owner or other eligible person desiring to be a candidate for
4253	the board must give written notice of his or her intent to be a
4254	candidate to the association at least 40 days before a scheduled
4255	election. Together with the written notice and agenda as set
4256	forth in subparagraph 2., the association shall mail, deliver,
4257	or electronically transmit a second notice of the election to
4258	all unit owners entitled to vote, together with a ballot that
4259	lists all candidates. Upon request of a candidate, an
4260	information sheet, no larger than 8 1/2 inches by 11 inches,
4261	which must be furnished by the candidate at least 35 days before
4262	the election, must be included with the mailing, delivery, or
4263	transmission of the ballot, with the costs of mailing, delivery,
4264	or electronic transmission and copying to be borne by the
4265	association. The association is not liable for the contents of
4266	the information sheets prepared by the candidates. In order to
4267	reduce costs, the association may print or duplicate the
4268	information sheets on both sides of the paper. The division
4269	shall by rule establish voting procedures consistent with this
4270	sub-subparagraph, including rules establishing procedures for
4271	giving notice by electronic transmission and rules providing for
4272	the secrecy of ballots. Elections shall be decided by a
4273	plurality of those ballots cast. There is no quorum requirement;
4274	however, at least 20 percent of the eligible voters must cast a
4275	ballot in order to have a valid election of members of the
4276	board. A unit owner may not permit any other person to vote his
4277	or her ballot, and any ballots improperly cast are invalid,
4278	provided any unit owner who violates this provision may be fined
4279	by the association in accordance with s. 718.303. A unit owner
4280	who needs assistance in casting the ballot for the reasons
4281	stated in s. 101.051 may obtain such assistance. The regular
4282	election must occur on the date of the annual meeting. This sub-
4283	subparagraph does not apply to timeshare condominium
4284	associations. Notwithstanding this sub-subparagraph, an election
4285	is not required unless more candidates file notices of intent to
4286	run or are nominated than board vacancies exist.
4287	b.  Within 90 days after being elected or appointed to the
4288	board, each newly elected or appointed director shall certify in
4289	writing to the secretary of the association that he or she has
4290	read the association's declaration of condominium, articles of
4291	incorporation, bylaws, and current written policies; that he or
4292	she will work to uphold such documents and policies to the best
4293	of his or her ability; and that he or she will faithfully
4294	discharge his or her fiduciary responsibility to the
4295	association's members. In lieu of this written certification,
4296	the newly elected or appointed director may submit a certificate
4297	of satisfactory completion of the educational curriculum
4298	administered by a division-approved condominium education
4299	provider. A director who fails to timely file the written
4300	certification or educational certificate is suspended from
4301	service on the board until he or she complies with this sub-
4302	subparagraph. The board may temporarily fill the vacancy during
4303	the period of suspension. The secretary shall cause the
4304	association to retain a director's written certification or
4305	educational certificate for inspection by the members for 5
4306	years after a director's election. Failure to have such written
4307	certification or educational certificate on file does not affect
4308	the validity of any action.
4309	4.  Any approval by unit owners called for by this chapter
4310	or the applicable declaration or bylaws, including, but not
4311	limited to, the approval requirement in s. 718.111(8), shall be
4312	made at a duly noticed meeting of unit owners and is subject to
4313	all requirements of this chapter or the applicable condominium
4314	documents relating to unit owner decisionmaking, except that
4315	unit owners may take action by written agreement, without
4316	meetings, on matters for which action by written agreement
4317	without meetings is expressly allowed by the applicable bylaws
4318	or declaration or any statute that provides for such action.
4319	5.  Unit owners may waive notice of specific meetings if
4320	allowed by the applicable bylaws or declaration or any statute.
4321	If authorized by the bylaws, notice of meetings of the board of
4322	administration, unit owner meetings, except unit owner meetings
4323	called to recall board members under paragraph (j), and
4324	committee meetings may be given by electronic transmission to
4325	unit owners who consent to receive notice by electronic
4326	transmission.
4327	6.  Unit owners shall have the right to participate in
4328	meetings of unit owners with reference to all designated agenda
4329	items. However, the association may adopt reasonable rules
4330	governing the frequency, duration, and manner of unit owner
4331	participation.
4332	7.  Any unit owner may tape record or videotape a meeting
4333	of the unit owners subject to reasonable rules adopted by the
4334	division.
4335	8.  Unless otherwise provided in the bylaws, any vacancy
4336	occurring on the board before the expiration of a term may be
4337	filled by the affirmative vote of the majority of the remaining
4338	directors, even if the remaining directors constitute less than
4339	a quorum, or by the sole remaining director. In the alternative,
4340	a board may hold an election to fill the vacancy, in which case
4341	the election procedures must conform to the requirements of sub-
4342	subparagraph 3.a. unless the association governs 10 units or
4343	fewer and has opted out of the statutory election process, in
4344	which case the bylaws of the association control. Unless
4345	otherwise provided in the bylaws, a board member appointed or
4346	elected under this section shall fill the vacancy for the
4347	unexpired term of the seat being filled. Filling vacancies
4348	created by recall is governed by paragraph (j) and rules adopted
4349	by the division.
4350
4351	Notwithstanding subparagraph (b)2. and sub-subparagraph (d)3.a.,
4352	an association of 10 or fewer units may, by affirmative vote of
4353	a majority of the total voting interests, provide for different
4354	voting and election procedures in its bylaws, which vote may be
4355	by a proxy specifically delineating the different voting and
4356	election procedures. The different voting and election
4357	procedures may provide for elections to be conducted by limited
4358	or general proxy.
4359	(j)  Recall of board members.-Subject to the provisions of
4360	s. 718.301, any member of the board of administration may be
4361	recalled and removed from office with or without cause by the
4362	vote or agreement in writing by a majority of all the voting
4363	interests. A special meeting of the unit owners to recall a
4364	member or members of the board of administration may be called
4365	by 10 percent of the voting interests giving notice of the
4366	meeting as required for a meeting of unit owners, and the notice
4367	shall state the purpose of the meeting. Electronic transmission
4368	may not be used as a method of giving notice of a meeting called
4369	in whole or in part for this purpose.
4370	1.  If the recall is approved by a majority of all voting
4371	interests by a vote at a meeting, the recall will be effective
4372	as provided herein. The board shall duly notice and hold a board
4373	meeting within 5 full business days of the adjournment of the
4374	unit owner meeting to recall one or more board members. At the
4375	meeting, the board shall either certify the recall, in which
4376	case such member or members shall be recalled effective
4377	immediately and shall turn over to the board within 5 full
4378	business days any and all records and property of the
4379	association in their possession, or shall proceed as set forth
4380	in subparagraph 3.
4381	2.  If the proposed recall is by an agreement in writing by
4382	a majority of all voting interests, the agreement in writing or
4383	a copy thereof shall be served on the association by certified
4384	mail or by personal service in the manner authorized by chapter
4385	48 and the Florida Rules of Civil Procedure. The board of
4386	administration shall duly notice and hold a meeting of the board
4387	within 5 full business days after receipt of the agreement in
4388	writing. At the meeting, the board shall either certify the
4389	written agreement to recall a member or members of the board, in
4390	which case such member or members shall be recalled effective
4391	immediately and shall turn over to the board within 5 full
4392	business days any and all records and property of the
4393	association in their possession, or proceed as described in
4394	subparagraph 3.
4395	3.  If the board determines not to certify the written
4396	agreement to recall a member or members of the board, or does
4397	not certify the recall by a vote at a meeting, the board shall,
4398	within 5 full business days after the meeting, file with the
4399	division a petition for arbitration pursuant to the procedures
4400	in s. 718.1255. For the purposes of this section, the unit
4401	owners who voted at the meeting or who executed the agreement in
4402	writing shall constitute one party under the petition for
4403	arbitration. If the arbitrator certifies the recall as to any
4404	member or members of the board, the recall will be effective
4405	upon mailing of the final order of arbitration to the
4406	association. If the association fails to comply with the order
4407	of the arbitrator, the division may take action pursuant to s.
4408	718.501. Any member or members so recalled shall deliver to the
4409	board any and all records of the association in their possession
4410	within 5 full business days of the effective date of the recall.
4411	3.4.  If the board fails to duly notice and hold a board
4412	meeting within 5 full business days of service of an agreement
4413	in writing or within 5 full business days of the adjournment of
4414	the unit owner recall meeting, the recall shall be deemed
4415	effective and the board members so recalled shall immediately
4416	turn over to the board any and all records and property of the
4417	association.
4418	4.5.  If a vacancy occurs on the board as a result of a
4419	recall or removal and less than a majority of the board members
4420	are removed, the vacancy may be filled by the affirmative vote
4421	of a majority of the remaining directors, notwithstanding any
4422	provision to the contrary contained in this subsection. If
4423	vacancies occur on the board as a result of a recall and a
4424	majority or more of the board members are removed, the vacancies
4425	shall be filled in accordance with procedural rules to be
4426	adopted by the division, which rules need not be consistent with
4427	this subsection. The rules must provide procedures governing the
4428	conduct of the recall election as well as the operation of the
4429	association during the period after a recall but prior to the
4430	recall election.
4431	(k)  Arbitration.-There shall be a provision for mandatory
4432	nonbinding arbitration as provided for in s. 718.1255.
4433	Section 152.  Section 718.1255, Florida Statutes, is
4434	repealed.
4435	Section 153.  Subsection (11) of section 718.202, Florida
4436	Statutes, is renumbered as subsection (10) and subsections (1),
4437	(8), and (10) of that section are amended to read:
4438	718.202  Sales or reservation deposits prior to closing.-
4439	(1)  If a developer contracts to sell a condominium parcel
4440	and the construction, furnishing, and landscaping of the
4441	property submitted or proposed to be submitted to condominium
4442	ownership has not been substantially completed in accordance
4443	with the plans and specifications and representations made by
4444	the developer in the disclosures required by this chapter, the
4445	developer shall pay into an escrow account all payments up to 10
4446	percent of the sale price received by the developer from the
4447	buyer towards the sale price. The escrow agent shall give to the
4448	purchaser a receipt for the deposit, upon request. In lieu of
4449	the foregoing, the division director has the discretion to
4450	accept other assurances, including, but not limited to, a surety
4451	bond or an irrevocable letter of credit in an amount equal to
4452	the escrow requirements of this section. Default determinations
4453	and refund of deposits shall be governed by the escrow release
4454	provision of this subsection. Funds shall be released from
4455	escrow as follows:
4456	(a)  If a buyer properly terminates the contract pursuant
4457	to its terms or pursuant to this chapter, the funds shall be
4458	paid to the buyer together with any interest earned.
4459	(b)  If the buyer defaults in the performance of his or her
4460	obligations under the contract of purchase and sale, the funds
4461	shall be paid to the developer together with any interest
4462	earned.
4463	(c)  If the contract does not provide for the payment of
4464	any interest earned on the escrowed funds, interest shall be
4465	paid to the developer at the closing of the transaction.
4466	(d)  If the funds of a buyer have not been previously
4467	disbursed in accordance with the provisions of this subsection,
4468	they may be disbursed to the developer by the escrow agent at
4469	the closing of the transaction, unless prior to the disbursement
4470	the escrow agent receives from the buyer written notice of a
4471	dispute between the buyer and developer.
4472	(8)  Every escrow account required by this section shall be
4473	established with a bank; a savings and loan association; an
4474	attorney who is a member of The Florida Bar; a real estate
4475	broker registered under chapter 475; a title insurer authorized
4476	to do business in this state, acting through either its
4477	employees or a title insurance agent licensed under chapter 626;
4478	or any financial lending institution having a net worth in
4479	excess of $5 million. The escrow agent shall not be located
4480	outside the state unless, pursuant to the escrow agreement, the
4481	escrow agent submits to the jurisdiction of the division and the
4482	courts of this state for any cause of action arising from the
4483	escrow. Every escrow agent shall be independent of the
4484	developer, and no developer or any officer, director, affiliate,
4485	subsidiary, or employee of a developer may serve as escrow
4486	agent. Escrow funds may be invested only in securities of the
4487	United States or an agency thereof or in accounts in
4488	institutions the deposits of which are insured by an agency of
4489	the United States.
4490	(10)  Nothing in this section shall be construed to require
4491	any filing with the division in the case of condominiums other
4492	than residential condominiums.
4493	Section 154.  Subsections (2) and (8) of section 718.301,
4494	Florida Statutes, are amended to read:
4495	718.301  Transfer of association control; claims of defect
4496	by association.-
4497	(2)  Within 75 days after the unit owners other than the
4498	developer are entitled to elect a member or members of the board
4499	of administration of an association, the association shall call,
4500	and give not less than 60 days' notice of an election for the
4501	members of the board of administration. The election shall
4502	proceed as provided in s. 718.112(2)(d). The notice may be given
4503	by any unit owner if the association fails to do so. Upon
4504	election of the first unit owner other than the developer to the
4505	board of administration, the developer shall forward to the
4506	division the name and mailing address of the unit owner board
4507	member.
4508	(8)  The division has authority to adopt rules pursuant to
4509	the Administrative Procedure Act to ensure the efficient and
4510	effective transition from developer control of a condominium to
4511	the establishment of a unit-owner controlled association.
4512	Section 155.  Sections 718.501, 718.5011, 718.5012,
4513	718.5014, 718.50151, 718.50152, 718.50153, 718.50154, 718.50155,
4514	and 718.502 are repealed.
4515	Section 156.  Paragraphs (b) and (c) of subsection (1) and
4516	paragraph (a) of subsection (2) of section 718.503, Florida
4517	Statutes, are amended to read:
4518	718.503  Developer disclosure prior to sale; nondeveloper
4519	unit owner disclosure prior to sale; voidability.-
4520	(1)  DEVELOPER DISCLOSURE.-
4521	(b)  Copies of documents to be furnished to prospective
4522	buyer or lessee.-Until such time as the developer has furnished
4523	the documents listed below to a person who has entered into a
4524	contract to purchase a residential unit or lease it for more
4525	than 5 years, the contract may be voided by that person,
4526	entitling the person to a refund of any deposit together with
4527	interest thereon as provided in s. 718.202. The contract may be
4528	terminated by written notice from the proposed buyer or lessee
4529	delivered to the developer within 15 days after the buyer or
4530	lessee receives all of the documents required by this section.
4531	The developer may not close for 15 days following the execution
4532	of the agreement and delivery of the documents to the buyer as
4533	evidenced by a signed receipt for documents unless the buyer is
4534	informed in the 15-day voidability period and agrees to close
4535	prior to the expiration of the 15 days. The developer shall
4536	retain in his or her records a separate agreement signed by the
4537	buyer as proof of the buyer's agreement to close prior to the
4538	expiration of said voidability period. Said proof shall be
4539	retained for a period of 5 years after the date of the closing
4540	of the transaction. The documents to be delivered to the
4541	prospective buyer are the prospectus or disclosure statement
4542	with all exhibits, if the development is subject to the
4543	provisions of s. 718.504, or, if not, then copies of the
4544	following which are applicable:
4545	1.  The question and answer sheet described in s. 718.504,
4546	and declaration of condominium, or the proposed declaration if
4547	the declaration has not been recorded, which shall include the
4548	certificate of a surveyor approximately representing the
4549	locations required by s. 718.104.
4550	2.  The documents creating the association.
4551	3.  The bylaws.
4552	4.  The ground lease or other underlying lease of the
4553	condominium.
4554	5.  The management contract, maintenance contract, and
4555	other contracts for management of the association and operation
4556	of the condominium and facilities used by the unit owners having
4557	a service term in excess of 1 year, and any management contracts
4558	that are renewable.
4559	6.  The estimated operating budget for the condominium and
4560	a schedule of expenses for each type of unit, including fees
4561	assessed pursuant to s. 718.113(1) for the maintenance of
4562	limited common elements where such costs are shared only by
4563	those entitled to use the limited common elements.
4564	7.  The lease of recreational and other facilities that
4565	will be used only by unit owners of the subject condominium.
4566	8.  The lease of recreational and other common facilities
4567	that will be used by unit owners in common with unit owners of
4568	other condominiums.
4569	9.  The form of unit lease if the offer is of a leasehold.
4570	10.  Any declaration of servitude of properties serving the
4571	condominium but not owned by unit owners or leased to them or
4572	the association.
4573	11.  If the development is to be built in phases or if the
4574	association is to manage more than one condominium, a
4575	description of the plan of phase development or the arrangements
4576	for the association to manage two or more condominiums.
4577	12.  If the condominium is a conversion of existing
4578	improvements, the statements and disclosure required by s.
4579	718.616.
4580	13.  The form of agreement for sale or lease of units.
4581	14.  A copy of the floor plan of the unit and the plot plan
4582	showing the location of the residential buildings and the
4583	recreation and other common areas.
4584	15.  A copy of all covenants and restrictions which will
4585	affect the use of the property and which are not contained in
4586	the foregoing.
4587	16.  If the developer is required by state or local
4588	authorities to obtain acceptance or approval of any dock or
4589	marina facilities intended to serve the condominium, a copy of
4590	any such acceptance or approval acquired by the time of filing
4591	with the division under s. 718.502(1), or a statement that such
4592	acceptance or approval has not been acquired or received.
4593	17.  Evidence demonstrating that the developer has an
4594	ownership, leasehold, or contractual interest in the land upon
4595	which the condominium is to be developed.
4596	(c)  Subsequent estimates; when provided.-If the closing on
4597	a contract occurs more than 12 months after the filing of the
4598	offering circular with the division, The developer shall provide
4599	a copy of the current estimated operating budget of the
4600	association to the buyer at closing, which shall not be
4601	considered an amendment that modifies the offering provided any
4602	changes to the association's budget from the budget given to the
4603	buyer at the time of contract signing were the result of matters
4604	beyond the developer's control. Changes in budgets of any master
4605	association, recreation association, or club and similar budgets
4606	for entities other than the association shall likewise not be
4607	considered amendments that modify the offering. It is the intent
4608	of this paragraph to clarify existing law.
4609	(2)  NONDEVELOPER DISCLOSURE.-
4610	(a)  Each unit owner who is not a developer as defined by
4611	this chapter shall comply with the provisions of this subsection
4612	prior to the sale of his or her unit. Each prospective purchaser
4613	who has entered into a contract for the purchase of a
4614	condominium unit is entitled, at the seller's expense, to a
4615	current copy of the declaration of condominium, articles of
4616	incorporation of the association, bylaws and rules of the
4617	association, financial information required by s. 718.111, and
4618	the document entitled "Frequently Asked Questions and Answers"
4619	required by s. 718.504. On and after January 1, 2009, the
4620	prospective purchaser shall also be entitled to receive from the
4621	seller a copy of a governance form. Such form shall be provided
4622	by the division summarizing governance of condominium
4623	associations. In addition to such other information as the
4624	division considers helpful to a prospective purchaser in
4625	understanding association governance, The governance form shall
4626	address the following subjects:
4627	1.  The role of the board in conducting the day-to-day
4628	affairs of the association on behalf of, and in the best
4629	interests of, the owners.
4630	2.  The board's responsibility to provide advance notice of
4631	board and membership meetings.
4632	3.  The rights of owners to attend and speak at board and
4633	membership meetings.
4634	4.  The responsibility of the board and of owners with
4635	respect to maintenance of the condominium property.
4636	5.  The responsibility of the board and owners to abide by
4637	the condominium documents, this chapter, rules adopted by the
4638	division, and reasonable rules adopted by the board.
4639	6.  Owners' rights to inspect and copy association records
4640	and the limitations on such rights.
4641	7.  Remedies available to owners with respect to actions by
4642	the board which may be abusive or beyond the board's power and
4643	authority.
4644	8.  The right of the board to hire a property management
4645	firm, subject to its own primary responsibility for such
4646	management.
4647	9.  The responsibility of owners with regard to payment of
4648	regular or special assessments necessary for the operation of
4649	the property and the potential consequences of failure to pay
4650	such assessments.
4651	10.  The voting rights of owners.
4652	11.  Rights and obligations of the board in enforcement of
4653	rules in the condominium documents and rules adopted by the
4654	board.
4655
4656	The governance form shall also include the following statement
4657	in conspicuous type: "This publication is intended as an
4658	informal educational overview of condominium governance. In the
4659	event of a conflict, the provisions of chapter 718, Florida
4660	Statutes, rules adopted by the Division of Florida Condominiums,
4661	Timeshares, and Mobile Homes of the Department of Business and
4662	Professional Regulation, the provisions of the condominium
4663	documents, and reasonable rules adopted by the condominium
4664	association's board of administration prevail over the contents
4665	of this publication."
4666	Section 157.  Section 718.504, Florida Statutes, is amended
4667	to read:
4668	718.504  Prospectus or offering circular.-Every developer
4669	of a residential condominium which contains more than 20
4670	residential units, or which is part of a group of residential
4671	condominiums which will be served by property to be used in
4672	common by unit owners of more than 20 residential units, shall
4673	prepare a prospectus or offering circular and file it with the
4674	Division of Florida Condominiums, Timeshares, and Mobile Homes
4675	prior to entering into an enforceable contract of purchase and
4676	sale of any unit or lease of a unit for more than 5 years and
4677	shall furnish a copy of the prospectus or offering circular to
4678	each buyer. In addition to the prospectus or offering circular,
4679	each buyer shall be furnished a separate page entitled
4680	"Frequently Asked Questions and Answers," which shall be in
4681	accordance with a format approved by the division and a copy of
4682	the financial information required by s. 718.111. This page
4683	shall, in readable language, inform prospective purchasers
4684	regarding their voting rights and unit use restrictions,
4685	including restrictions on the leasing of a unit; shall indicate
4686	whether and in what amount the unit owners or the association is
4687	obligated to pay rent or land use fees for recreational or other
4688	commonly used facilities; shall contain a statement identifying
4689	that amount of assessment which, pursuant to the budget, would
4690	be levied upon each unit type, exclusive of any special
4691	assessments, and which shall further identify the basis upon
4692	which assessments are levied, whether monthly, quarterly, or
4693	otherwise; shall state and identify any court cases in which the
4694	association is currently a party of record in which the
4695	association may face liability in excess of $100,000; and which
4696	shall further state whether membership in a recreational
4697	facilities association is mandatory, and if so, shall identify
4698	the fees currently charged per unit type. The division shall by
4699	rule require such other disclosure as in its judgment will
4700	assist prospective purchasers. The prospectus or offering
4701	circular may include more than one condominium, although not all
4702	such units are being offered for sale as of the date of the
4703	prospectus or offering circular. The prospectus or offering
4704	circular must contain the following information:
4705	(1)  The front cover or the first page must contain only:
4706	(a)  The name of the condominium.
4707	(b)  The following statements in conspicuous type:
4708	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
4709	MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
4710	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
4711	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
4712	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
4713	MATERIALS.
4714	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
4715	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
4716	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
4717	REPRESENTATIONS.
4718	(2)  Summary: The next page must contain all statements
4719	required to be in conspicuous type in the prospectus or offering
4720	circular.
4721	(3)  A separate index of the contents and exhibits of the
4722	prospectus.
4723	(4)  Beginning on the first page of the text (not including
4724	the summary and index), a description of the condominium,
4725	including, but not limited to, the following information:
4726	(a)  Its name and location.
4727	(b)  A description of the condominium property, including,
4728	without limitation:
4729	1.  The number of buildings, the number of units in each
4730	building, the number of bathrooms and bedrooms in each unit, and
4731	the total number of units, if the condominium is not a phase
4732	condominium, or the maximum number of buildings that may be
4733	contained within the condominium, the minimum and maximum
4734	numbers of units in each building, the minimum and maximum
4735	numbers of bathrooms and bedrooms that may be contained in each
4736	unit, and the maximum number of units that may be contained
4737	within the condominium, if the condominium is a phase
4738	condominium.
4739	2.  The page in the condominium documents where a copy of
4740	the plot plan and survey of the condominium is located.
4741	3.  The estimated latest date of completion of
4742	constructing, finishing, and equipping. In lieu of a date, the
4743	description shall include a statement that the estimated date of
4744	completion of the condominium is in the purchase agreement and a
4745	reference to the article or paragraph containing that
4746	information.
4747	(c)  The maximum number of units that will use facilities
4748	in common with the condominium. If the maximum number of units
4749	will vary, a description of the basis for variation and the
4750	minimum amount of dollars per unit to be spent for additional
4751	recreational facilities or enlargement of such facilities. If
4752	the addition or enlargement of facilities will result in a
4753	material increase of a unit owner's maintenance expense or
4754	rental expense, if any, the maximum increase and limitations
4755	thereon shall be stated.
4756	(5)(a)  A statement in conspicuous type describing whether
4757	the condominium is created and being sold as fee simple
4758	interests or as leasehold interests. If the condominium is
4759	created or being sold on a leasehold, the location of the lease
4760	in the disclosure materials shall be stated.
4761	(b)  If timeshare estates are or may be created with
4762	respect to any unit in the condominium, a statement in
4763	conspicuous type stating that timeshare estates are created and
4764	being sold in units in the condominium.
4765	(6)  A description of the recreational and other commonly
4766	used facilities that will be used only by unit owners of the
4767	condominium, including, but not limited to, the following:
4768	(a)  Each room and its intended purposes, location,
4769	approximate floor area, and capacity in numbers of people.
4770	(b)  Each swimming pool, as to its general location,
4771	approximate size and depths, approximate deck size and capacity,
4772	and whether heated.
4773	(c)  Additional facilities, as to the number of each
4774	facility, its approximate location, approximate size, and
4775	approximate capacity.
4776	(d)  A general description of the items of personal
4777	property and the approximate number of each item of personal
4778	property that the developer is committing to furnish for each
4779	room or other facility or, in the alternative, a representation
4780	as to the minimum amount of expenditure that will be made to
4781	purchase the personal property for the facility.
4782	(e)  The estimated date when each room or other facility
4783	will be available for use by the unit owners.
4784	(f)1.  An identification of each room or other facility to
4785	be used by unit owners that will not be owned by the unit owners
4786	or the association;
4787	2.  A reference to the location in the disclosure materials
4788	of the lease or other agreements providing for the use of those
4789	facilities; and
4790	3.  A description of the terms of the lease or other
4791	agreements, including the length of the term; the rent payable,
4792	directly or indirectly, by each unit owner, and the total rent
4793	payable to the lessor, stated in monthly and annual amounts for
4794	the entire term of the lease; and a description of any option to
4795	purchase the property leased under any such lease, including the
4796	time the option may be exercised, the purchase price or how it
4797	is to be determined, the manner of payment, and whether the
4798	option may be exercised for a unit owner's share or only as to
4799	the entire leased property.
4800	(g)  A statement as to whether the developer may provide
4801	additional facilities not described above; their general
4802	locations and types; improvements or changes that may be made;
4803	the approximate dollar amount to be expended; and the maximum
4804	additional common expense or cost to the individual unit owners
4805	that may be charged during the first annual period of operation
4806	of the modified or added facilities.
4807
4808	Descriptions as to locations, areas, capacities, numbers,
4809	volumes, or sizes may be stated as approximations or minimums.
4810	(7)  A description of the recreational and other facilities
4811	that will be used in common with other condominiums, community
4812	associations, or planned developments which require the payment
4813	of the maintenance and expenses of such facilities, directly or
4814	indirectly, by the unit owners. The description shall include,
4815	but not be limited to, the following:
4816	(a)  Each building and facility committed to be built.
4817	(b)  Facilities not committed to be built except under
4818	certain conditions, and a statement of those conditions or
4819	contingencies.
4820	(c)  As to each facility committed to be built, or which
4821	will be committed to be built upon the happening of one of the
4822	conditions in paragraph (b), a statement of whether it will be
4823	owned by the unit owners having the use thereof or by an
4824	association or other entity which will be controlled by them, or
4825	others, and the location in the exhibits of the lease or other
4826	document providing for use of those facilities.
4827	(d)  The year in which each facility will be available for
4828	use by the unit owners or, in the alternative, the maximum
4829	number of unit owners in the project at the time each of all of
4830	the facilities is committed to be completed.
4831	(e)  A general description of the items of personal
4832	property, and the approximate number of each item of personal
4833	property, that the developer is committing to furnish for each
4834	room or other facility or, in the alternative, a representation
4835	as to the minimum amount of expenditure that will be made to
4836	purchase the personal property for the facility.
4837	(f)  If there are leases, a description thereof, including
4838	the length of the term, the rent payable, and a description of
4839	any option to purchase.
4840
4841	Descriptions shall include location, areas, capacities, numbers,
4842	volumes, or sizes and may be stated as approximations or
4843	minimums.
4844	(8)  Recreation lease or associated club membership:
4845	(a)  If any recreational facilities or other facilities
4846	offered by the developer and available to, or to be used by,
4847	unit owners are to be leased or have club membership associated,
4848	the following statement in conspicuous type shall be included:
4849	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
4850	CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
4851	CONDOMINIUM. There shall be a reference to the location in the
4852	disclosure materials where the recreation lease or club
4853	membership is described in detail.
4854	(b)  If it is mandatory that unit owners pay a fee, rent,
4855	dues, or other charges under a recreational facilities lease or
4856	club membership for the use of facilities, there shall be in
4857	conspicuous type the applicable statement:
4858	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
4859	MANDATORY FOR UNIT OWNERS; or
4860	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
4861	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
4862	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
4863	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
4864	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
4865	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
4866	4.  A similar statement of the nature of the organization
4867	or the manner in which the use rights are created, and that unit
4868	owners are required to pay.
4869
4870	Immediately following the applicable statement, the location in
4871	the disclosure materials where the development is described in
4872	detail shall be stated.
4873	(c)  If the developer, or any other person other than the
4874	unit owners and other persons having use rights in the
4875	facilities, reserves, or is entitled to receive, any rent, fee,
4876	or other payment for the use of the facilities, then there shall
4877	be the following statement in conspicuous type: THE UNIT OWNERS
4878	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
4879	RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
4880	following this statement, the location in the disclosure
4881	materials where the rent or land use fees are described in
4882	detail shall be stated.
4883	(d)  If, in any recreation format, whether leasehold, club,
4884	or other, any person other than the association has the right to
4885	a lien on the units to secure the payment of assessments, rent,
4886	or other exactions, there shall appear a statement in
4887	conspicuous type in substantially the following form:
4888	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
4889	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
4890	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
4891	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
4892	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
4893	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
4894	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
4895	OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE
4896	THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
4897
4898	Immediately following the applicable statement, the location in
4899	the disclosure materials where the lien or lien right is
4900	described in detail shall be stated.
4901	(9)  If the developer or any other person has the right to
4902	increase or add to the recreational facilities at any time after
4903	the establishment of the condominium whose unit owners have use
4904	rights therein, without the consent of the unit owners or
4905	associations being required, there shall appear a statement in
4906	conspicuous type in substantially the following form:
4907	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
4908	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
4909	statement, the location in the disclosure materials where such
4910	reserved rights are described shall be stated.
4911	(10)  A statement of whether the developer's plan includes
4912	a program of leasing units rather than selling them, or leasing
4913	units and selling them subject to such leases. If so, there
4914	shall be a description of the plan, including the number and
4915	identification of the units and the provisions and term of the
4916	proposed leases, and a statement in boldfaced type that: THE
4917	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
4918	(11)  The arrangements for management of the association
4919	and maintenance and operation of the condominium property and of
4920	other property that will serve the unit owners of the
4921	condominium property, and a description of the management
4922	contract and all other contracts for these purposes having a
4923	term in excess of 1 year, including the following:
4924	(a)  The names of contracting parties.
4925	(b)  The term of the contract.
4926	(c)  The nature of the services included.
4927	(d)  The compensation, stated on a monthly and annual
4928	basis, and provisions for increases in the compensation.
4929	(e)  A reference to the volumes and pages of the
4930	condominium documents and of the exhibits containing copies of
4931	such contracts.
4932
4933	Copies of all described contracts shall be attached as exhibits.
4934	If there is a contract for the management of the condominium
4935	property, then a statement in conspicuous type in substantially
4936	the following form shall appear, identifying the proposed or
4937	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
4938	THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
4939	CONTRACT MANAGER). Immediately following this statement, the
4940	location in the disclosure materials of the contract for
4941	management of the condominium property shall be stated.
4942	(12)  If the developer or any other person or persons other
4943	than the unit owners has the right to retain control of the
4944	board of administration of the association for a period of time
4945	which can exceed 1 year after the closing of the sale of a
4946	majority of the units in that condominium to persons other than
4947	successors or alternate developers, then a statement in
4948	conspicuous type in substantially the following form shall be
4949	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
4950	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
4951	HAVE BEEN SOLD. Immediately following this statement, the
4952	location in the disclosure materials where this right to control
4953	is described in detail shall be stated.
4954	(13)  If there are any restrictions upon the sale,
4955	transfer, conveyance, or leasing of a unit, then a statement in
4956	conspicuous type in substantially the following form shall be
4957	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
4958	CONTROLLED. Immediately following this statement, the location
4959	in the disclosure materials where the restriction, limitation,
4960	or control on the sale, lease, or transfer of units is described
4961	in detail shall be stated.
4962	(14)  If the condominium is part of a phase project, the
4963	following information shall be stated:
4964	(a)  A statement in conspicuous type in substantially the
4965	following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
4966	UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
4967	this statement, the location in the disclosure materials where
4968	the phasing is described shall be stated.
4969	(b)  A summary of the provisions of the declaration which
4970	provide for the phasing.
4971	(c)  A statement as to whether or not residential buildings
4972	and units which are added to the condominium may be
4973	substantially different from the residential buildings and units
4974	originally in the condominium. If the added residential
4975	buildings and units may be substantially different, there shall
4976	be a general description of the extent to which such added
4977	residential buildings and units may differ, and a statement in
4978	conspicuous type in substantially the following form shall be
4979	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM
4980	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
4981	UNITS IN THE CONDOMINIUM. Immediately following this statement,
4982	the location in the disclosure materials where the extent to
4983	which added residential buildings and units may substantially
4984	differ is described shall be stated.
4985	(d)  A statement of the maximum number of buildings
4986	containing units, the maximum and minimum numbers of units in
4987	each building, the maximum number of units, and the minimum and
4988	maximum square footage of the units that may be contained within
4989	each parcel of land which may be added to the condominium.
4990	(15)  If a condominium created on or after July 1, 2000, is
4991	or may become part of a multicondominium, the following
4992	information must be provided:
4993	(a)  A statement in conspicuous type in substantially the
4994	following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
4995	MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
4996	(MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
4997	this statement, the location in the prospectus or offering
4998	circular and its exhibits where the multicondominium aspects of
4999	the offering are described must be stated.
5000	(b)  A summary of the provisions in the declaration,
5001	articles of incorporation, and bylaws which establish and
5002	provide for the operation of the multicondominium, including a
5003	statement as to whether unit owners in the condominium will have
5004	the right to use recreational or other facilities located or
5005	planned to be located in other condominiums operated by the same
5006	association, and the manner of sharing the common expenses
5007	related to such facilities.
5008	(c)  A statement of the minimum and maximum number of
5009	condominiums, and the minimum and maximum number of units in
5010	each of those condominiums, which will or may be operated by the
5011	association, and the latest date by which the exact number will
5012	be finally determined.
5013	(d)  A statement as to whether any of the condominiums in
5014	the multicondominium may include units intended to be used for
5015	nonresidential purposes and the purpose or purposes permitted
5016	for such use.
5017	(e)  A general description of the location and approximate
5018	acreage of any land on which any additional condominiums to be
5019	operated by the association may be located.
5020	(16)  If the condominium is created by conversion of
5021	existing improvements, the following information shall be
5022	stated:
5023	(a)  The information required by s. 718.616.
5024	(b)  A caveat that there are no express warranties unless
5025	they are stated in writing by the developer.
5026	(17)  A summary of the restrictions, if any, to be imposed
5027	on units concerning the use of any of the condominium property,
5028	including statements as to whether there are restrictions upon
5029	children and pets, and reference to the volumes and pages of the
5030	condominium documents where such restrictions are found, or if
5031	such restrictions are contained elsewhere, then a copy of the
5032	documents containing the restrictions shall be attached as an
5033	exhibit.
5034	(18)  If there is any land that is offered by the developer
5035	for use by the unit owners and that is neither owned by them nor
5036	leased to them, the association, or any entity controlled by
5037	unit owners and other persons having the use rights to such
5038	land, a statement shall be made as to how such land will serve
5039	the condominium. If any part of such land will serve the
5040	condominium, the statement shall describe the land and the
5041	nature and term of service, and the declaration or other
5042	instrument creating such servitude shall be included as an
5043	exhibit.
5044	(19)  The manner in which utility and other services,
5045	including, but not limited to, sewage and waste disposal, water
5046	supply, and storm drainage, will be provided and the person or
5047	entity furnishing them.
5048	(20)  An explanation of the manner in which the
5049	apportionment of common expenses and ownership of the common
5050	elements has been determined.
5051	(21)  An estimated operating budget for the condominium and
5052	the association, and a schedule of the unit owner's expenses
5053	shall be attached as an exhibit and shall contain the following
5054	information:
5055	(a)  The estimated monthly and annual expenses of the
5056	condominium and the association that are collected from unit
5057	owners by assessments.
5058	(b)  The estimated monthly and annual expenses of each unit
5059	owner for a unit, other than common expenses paid by all unit
5060	owners, payable by the unit owner to persons or entities other
5061	than the association, as well as to the association, including
5062	fees assessed pursuant to s. 718.113(1) for maintenance of
5063	limited common elements where such costs are shared only by
5064	those entitled to use the limited common element, and the total
5065	estimated monthly and annual expense. There may be excluded from
5066	this estimate expenses which are not provided for or
5067	contemplated by the condominium documents, including, but not
5068	limited to, the costs of private telephone; maintenance of the
5069	interior of condominium units, which is not the obligation of
5070	the association; maid or janitorial services privately
5071	contracted for by the unit owners; utility bills billed directly
5072	to each unit owner for utility services to his or her unit;
5073	insurance premiums other than those incurred for policies
5074	obtained by the condominium; and similar personal expenses of
5075	the unit owner. A unit owner's estimated payments for
5076	assessments shall also be stated in the estimated amounts for
5077	the times when they will be due.
5078	(c)  The estimated items of expenses of the condominium and
5079	the association, except as excluded under paragraph (b),
5080	including, but not limited to, the following items, which shall
5081	be stated as an association expense collectible by assessments
5082	or as unit owners' expenses payable to persons other than the
5083	association:
5084	1.  Expenses for the association and condominium:
5085	a.  Administration of the association.
5086	b.  Management fees.
5087	c.  Maintenance.
5088	d.  Rent for recreational and other commonly used
5089	facilities.
5090	e.  Taxes upon association property.
5091	f.  Taxes upon leased areas.
5092	g.  Insurance.
5093	h.  Security provisions.
5094	i.  Other expenses.
5095	j.  Operating capital.
5096	k.  Reserves.
5097	l.  Fees payable to the division.
5098	2.  Expenses for a unit owner:
5099	a.  Rent for the unit, if subject to a lease.
5100	b.  Rent payable by the unit owner directly to the lessor
5101	or agent under any recreational lease or lease for the use of
5102	commonly used facilities, which use and payment is a mandatory
5103	condition of ownership and is not included in the common expense
5104	or assessments for common maintenance paid by the unit owners to
5105	the association.
5106	(d)  The following statement in conspicuous type: THE
5107	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
5108	ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
5109	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
5110	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
5111	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
5112	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
5113	THE OFFERING.
5114	(e)  Each budget for an association prepared by a developer
5115	consistent with this subsection shall be prepared in good faith
5116	and shall reflect accurate estimated amounts for the required
5117	items in paragraph (c) at the time of the filing of the offering
5118	circular with the division, and subsequent increased amounts of
5119	any item included in the association's estimated budget that are
5120	beyond the control of the developer shall not be considered an
5121	amendment that would give rise to rescission rights set forth in
5122	s. 718.503(1)(a) or (b), nor shall such increases modify, void,
5123	or otherwise affect any guarantee of the developer contained in
5124	the offering circular or any purchase contract. It is the intent
5125	of this paragraph to clarify existing law.
5126	(f)  The estimated amounts shall be stated for a period of
5127	at least 12 months and may distinguish between the period prior
5128	to the time unit owners other than the developer elect a
5129	majority of the board of administration and the period after
5130	that date.
5131	(22)  A schedule of estimated closing expenses to be paid
5132	by a buyer or lessee of a unit and a statement of whether title
5133	opinion or title insurance policy is available to the buyer and,
5134	if so, at whose expense.
5135	(23)  The identity of the developer and the chief operating
5136	officer or principal directing the creation and sale of the
5137	condominium and a statement of its and his or her experience in
5138	this field.
5139	(24)  Copies of the following, to the extent they are
5140	applicable, shall be included as exhibits:
5141	(a)  The declaration of condominium, or the proposed
5142	declaration if the declaration has not been recorded.
5143	(b)  The articles of incorporation creating the
5144	association.
5145	(c)  The bylaws of the association.
5146	(d)  The ground lease or other underlying lease of the
5147	condominium.
5148	(e)  The management agreement and all maintenance and other
5149	contracts for management of the association and operation of the
5150	condominium and facilities used by the unit owners having a
5151	service term in excess of 1 year.
5152	(f)  The estimated operating budget for the condominium and
5153	the required schedule of unit owners' expenses.
5154	(g)  A copy of the floor plan of the unit and the plot plan
5155	showing the location of the residential buildings and the
5156	recreation and other common areas.
5157	(h)  The lease of recreational and other facilities that
5158	will be used only by unit owners of the subject condominium.
5159	(i)  The lease of facilities used by owners and others.
5160	(j)  The form of unit lease, if the offer is of a
5161	leasehold.
5162	(k)  A declaration of servitude of properties serving the
5163	condominium but not owned by unit owners or leased to them or
5164	the association.
5165	(l)  The statement of condition of the existing building or
5166	buildings, if the offering is of units in an operation being
5167	converted to condominium ownership.
5168	(m)  The statement of inspection for termite damage and
5169	treatment of the existing improvements, if the condominium is a
5170	conversion.
5171	(n)  The form of agreement for sale or lease of units.
5172	(o)  A copy of the agreement for escrow of payments made to
5173	the developer prior to closing.
5174	(p)  A copy of the documents containing any restrictions on
5175	use of the property required by subsection (17).
5176	(25)  Any prospectus or offering circular complying, prior
5177	to the effective date of this act, with the provisions of former
5178	ss. 711.69 and 711.802 may continue to be used without amendment
5179	or may be amended to comply with this chapter.
5180	(26)  A brief narrative description of the location and
5181	effect of all existing and intended easements located or to be
5182	located on the condominium property other than those described
5183	in the declaration.
5184	(27)  If the developer is required by state or local
5185	authorities to obtain acceptance or approval of any dock or
5186	marina facilities intended to serve the condominium, a copy of
5187	any such acceptance or approval acquired by the time of filing
5188	with the division under s. 718.502(1) or a statement that such
5189	acceptance or approval has not been acquired or received.
5190	(28)  Evidence demonstrating that the developer has an
5191	ownership, leasehold, or contractual interest in the land upon
5192	which the condominium is to be developed.
5193	Section 158.  Section 718.509, Florida Statutes, is
5194	repealed.
5195	Section 159.  Section 718.621, Florida Statutes, is
5196	repealed.
5197	Section 160.  Subsections (18) through (28) of section
5198	719.103, Florida Statutes, are renumbered as subsections (17)
5199	through (27), respectively, and subsection (17) is amended to
5200	read:
5201	719.103  Definitions.-As used in this chapter:
5202	(17)  "Division" means the Division of Florida
5203	Condominiums, Timeshares, and Mobile Homes of the Department of
5204	Business and Professional Regulation.
5205	Section 161.  Subsection (1) of section 719.1035, Florida
5206	Statutes, is amended to read:
5207	719.1035  Creation of cooperatives.-
5208	(1)  The date when cooperative existence shall commence is
5209	upon commencement of corporate existence of the cooperative
5210	association as provided in s. 607.0203. The cooperative
5211	documents must be recorded in the county in which the
5212	cooperative is located before property may be conveyed or
5213	transferred to the cooperative. All persons who have any record
5214	interest in any mortgage encumbering the interest in the land
5215	being submitted to cooperative ownership must either join in the
5216	execution of the cooperative documents or execute, with the
5217	requirements for deed, and record, a consent to the cooperative
5218	documents or an agreement subordinating their mortgage interest
5219	to the cooperative documents. Upon creation of a cooperative,
5220	the developer or association shall file the recording
5221	information with the division within 30 working days on a form
5222	prescribed by the division.
5223	Section 162.  Subsection (4), paragraph (a) of subsection
5224	(8), and subsection (11) of section 719.104, Florida Statutes,
5225	are amended to read:
5226	719.104  Cooperatives; access to units; records; financial
5227	reports; assessments; purchase of leases.-
5228	(4)  FINANCIAL REPORT.-
5229	(a)  Within 60 days following the end of the fiscal or
5230	calendar year or annually on such date as is otherwise provided
5231	in the bylaws of the association, the board of administration of
5232	the association shall mail or furnish by personal delivery to
5233	each unit owner a complete financial report of actual receipts
5234	and expenditures for the previous 12 months, or a complete set
5235	of financial statements for the preceding fiscal year prepared
5236	in accordance with generally accepted accounting procedures. The
5237	report shall show the amounts of receipts by accounts and
5238	receipt classifications and shall show the amounts of expenses
5239	by accounts and expense classifications including, if
5240	applicable, but not limited to, the following:
5241	1.  Costs for security;
5242	2.  Professional and management fees and expenses;
5243	3.  Taxes;
5244	4.  Costs for recreation facilities;
5245	5.  Expenses for refuse collection and utility services;
5246	6.  Expenses for lawn care;
5247	7.  Costs for building maintenance and repair;
5248	8.  Insurance costs;
5249	9.  Administrative and salary expenses; and
5250	10.  Reserves for capital expenditures, deferred
5251	maintenance, and any other category for which the association
5252	maintains a reserve account or accounts.
5253	(b)  The division shall adopt rules that may require that
5254	the association deliver to the unit owners, in lieu of the
5255	financial report required by this section, a complete set of
5256	financial statements for the preceding fiscal year. The
5257	financial statements shall be delivered within 90 days following
5258	the end of the previous fiscal year or annually on such other
5259	date as provided in the bylaws. The rules of the division may
5260	require that the financial statements be compiled, reviewed, or
5261	audited, and the rules shall take into consideration the
5262	criteria set forth in s. 719.501(1)(j). The requirement to have
5263	the financial statements compiled, reviewed, or audited does not
5264	apply to associations if a majority of the voting interests of
5265	the association present at a duly called meeting of the
5266	association have determined for a fiscal year to waive this
5267	requirement. In an association in which turnover of control by
5268	the developer has not occurred, the developer may vote to waive
5269	the audit requirement for the first 2 years of the operation of
5270	the association, after which time waiver of an applicable audit
5271	requirement shall be by a majority of voting interests other
5272	than the developer. The meeting shall be held prior to the end
5273	of the fiscal year, and the waiver shall be effective for only
5274	one fiscal year. This subsection does not apply to a cooperative
5275	that consists of 50 or fewer units.
5276	(8)  CORPORATE ENTITY.-
5277	(a)  The officers and directors of the association have a
5278	fiduciary relationship to the unit owners. An officer, director,
5279	or manager may not solicit, offer to accept, or accept any thing
5280	or service of value for which consideration has not been
5281	provided for his or her own benefit or that of his or her
5282	immediate family, from any person providing or proposing to
5283	provide goods or services to the association. Any such officer,
5284	director, or manager who knowingly solicits, offers to accept,
5285	or accepts any thing or service of value is subject to a civil
5286	penalty pursuant to s. 719.501(1)(d). However, this paragraph
5287	does not prohibit an officer, director, or manager from
5288	accepting services or items received in connection with trade
5289	fairs or education programs.
5290	(11)  NOTIFICATION OF DIVISION.-When the board of directors
5291	intends to dissolve or merge the cooperative association, the
5292	board shall so notify the division before taking any action to
5293	dissolve or merge the cooperative association.
5294	Section 163.  Paragraph (c) of subsection (5) and paragraph
5295	(b) of subsection (6) of section 719.1055, Florida Statutes, are
5296	amended to read:
5297	719.1055  Amendment of cooperative documents; alteration
5298	and acquisition of property.-
5299	(5)  The bylaws must include a provision whereby a
5300	certificate of compliance from a licensed electrical contractor
5301	or electrician may be accepted by the association's board as
5302	evidence of compliance of the cooperative units with the
5303	applicable fire and life safety code.
5304	(c)  As part of the information collected annually from
5305	cooperatives, the division shall require associations must to
5306	report the membership vote and recording of a certificate under
5307	this subsection and, if retrofitting has been undertaken, the
5308	per-unit cost of such work. The division shall annually report
5309	to the Division of State Fire Marshal of the Department of
5310	Financial Services the number of cooperatives that have elected
5311	to forego retrofitting.
5312	(6)  Notwithstanding the provisions of chapter 633 or of
5313	any other code, statute, ordinance, administrative rule, or
5314	regulation, or any interpretation thereof, a cooperative or unit
5315	owner is not obligated to retrofit the common elements or units
5316	of a residential cooperative that meets the definition of
5317	"housing for older persons" in s. 760.29(4)(b)3. to comply with
5318	requirements relating to handrails and guardrails in a building
5319	that has been certified for occupancy by the applicable
5320	governmental entity, if the unit owners have voted to forego
5321	such retrofitting by the affirmative vote of two-thirds of all
5322	voting interests in the affected cooperative. However, a
5323	cooperative may not forego the retrofitting in common areas in a
5324	high-rise building. For purposes of this subsection, the term
5325	"high-rise building" means a building that is greater than 75
5326	feet in height where the building height is measured from the
5327	lowest level of fire department access to the floor of the
5328	highest occupiable story. For purposes of this subsection, the
5329	term "common areas" means stairwells and exposed, outdoor
5330	walkways and corridors. In no event shall the local authority
5331	having jurisdiction require completion of retrofitting of common
5332	areas with handrails and guardrails before the end of 2014.
5333	(b)  As part of the information collected annually from
5334	cooperatives, the division shall require associations must to
5335	report the membership vote and recording of a certificate under
5336	this subsection and, if retrofitting has been undertaken, the
5337	per-unit cost of such work. The division shall annually report
5338	to the Division of State Fire Marshal of the Department of
5339	Financial Services the number of cooperatives that have elected
5340	to forego retrofitting.
5341	Section 164.  Paragraphs (a), (b), (c), (d), (f) and (l) of
5342	subsection (1) of section 719.106, Florida Statutes, are amended
5343	to read:
5344	719.106  Bylaws; cooperative ownership.-
5345	(1)  MANDATORY PROVISIONS.-The bylaws or other cooperative
5346	documents shall provide for the following, and if they do not,
5347	they shall be deemed to include the following:
5348	(a)  Administration.-
5349	1.  The form of administration of the association shall be
5350	described, indicating the titles of the officers and board of
5351	administration and specifying the powers, duties, manner of
5352	selection and removal, and compensation, if any, of officers and
5353	board members. In the absence of such a provision, the board of
5354	administration shall be composed of five members, except in the
5355	case of cooperatives having five or fewer units, in which case
5356	in not-for-profit corporations, the board shall consist of not
5357	fewer than three members. In the absence of provisions to the
5358	contrary, the board of administration shall have a president, a
5359	secretary, and a treasurer, who shall perform the duties of
5360	those offices customarily performed by officers of corporations.
5361	Unless prohibited in the bylaws, the board of administration may
5362	appoint other officers and grant them those duties it deems
5363	appropriate. Unless otherwise provided in the bylaws, the
5364	officers shall serve without compensation and at the pleasure of
5365	the board. Unless otherwise provided in the bylaws, the members
5366	of the board shall serve without compensation.
5367	2.  When a unit owner files a written inquiry by certified
5368	mail with the board of administration, the board shall respond
5369	in writing to the unit owner within 30 days of receipt of the
5370	inquiry. The board's response shall either give a substantive
5371	response to the inquirer or, notify the inquirer that a legal
5372	opinion has been requested, or notify the inquirer that advice
5373	has been requested from the division. If the board requests
5374	advice from the division, the board shall, within 10 days of its
5375	receipt of the advice, provide in writing a substantive response
5376	to the inquirer. If a legal opinion is requested, the board
5377	shall, within 60 days after the receipt of the inquiry, provide
5378	in writing a substantive response to the inquirer. The failure
5379	to provide a substantive response to the inquirer as provided
5380	herein precludes the board from recovering attorney's fees and
5381	costs in any subsequent litigation, administrative proceeding,
5382	or arbitration arising out of the inquiry. The association may,
5383	through its board of administration, adopt reasonable rules and
5384	regulations regarding the frequency and manner of responding to
5385	the unit owners' inquiries, one of which may be that the
5386	association is obligated to respond to only one written inquiry
5387	per unit in any given 30-day period. In such case, any
5388	additional inquiry or inquiries must be responded to in the
5389	subsequent 30-day period, or periods, as applicable.
5390	(b)  Quorum; voting requirements; proxies.-
5391	1.  Unless otherwise provided in the bylaws, the percentage
5392	of voting interests required to constitute a quorum at a meeting
5393	of the members shall be a majority of voting interests, and
5394	decisions shall be made by owners of a majority of the voting
5395	interests. Unless otherwise provided in this chapter, or in the
5396	articles of incorporation, bylaws, or other cooperative
5397	documents, and except as provided in subparagraph (d)1.,
5398	decisions shall be made by owners of a majority of the voting
5399	interests represented at a meeting at which a quorum is present.
5400	2.  Except as specifically otherwise provided herein, after
5401	January 1, 1992, unit owners may not vote by general proxy, but
5402	may vote by limited proxies substantially conforming to a
5403	limited proxy form adopted by the division. Limited proxies and
5404	general proxies may be used to establish a quorum. Limited
5405	proxies shall be used for votes taken to waive or reduce
5406	reserves in accordance with subparagraph (j)2., for votes taken
5407	to waive the financial reporting requirements of s.
5408	719.104(4)(b), for votes taken to amend the articles of
5409	incorporation or bylaws pursuant to this section, and for any
5410	other matter for which this chapter requires or permits a vote
5411	of the unit owners. Except as provided in paragraph (d), after
5412	January 1, 1992, no proxy, limited or general, shall be used in
5413	the election of board members. General proxies may be used for
5414	other matters for which limited proxies are not required, and
5415	may also be used in voting for nonsubstantive changes to items
5416	for which a limited proxy is required and given. Notwithstanding
5417	the provisions of this section, unit owners may vote in person
5418	at unit owner meetings. Nothing contained herein shall limit the
5419	use of general proxies or require the use of limited proxies or
5420	require the use of limited proxies for any agenda item or
5421	election at any meeting of a timeshare cooperative.
5422	3.  Any proxy given shall be effective only for the
5423	specific meeting for which originally given and any lawfully
5424	adjourned meetings thereof. In no event shall any proxy be valid
5425	for a period longer than 90 days after the date of the first
5426	meeting for which it was given. Every proxy shall be revocable
5427	at any time at the pleasure of the unit owner executing it.
5428	4.  A member of the board of administration or a committee
5429	may submit in writing his or her agreement or disagreement with
5430	any action taken at a meeting that the member did not attend.
5431	This agreement or disagreement may not be used as a vote for or
5432	against the action taken and may not be used for the purposes of
5433	creating a quorum.
5434	5.  When some or all of the board or committee members meet
5435	by telephone conference, those board or committee members
5436	attending by telephone conference may be counted toward
5437	obtaining a quorum and may vote by telephone. A telephone
5438	speaker shall be utilized so that the conversation of those
5439	board or committee members attending by telephone may be heard
5440	by the board or committee members attending in person, as well
5441	as by unit owners present at a meeting.
5442	(c)  Board of administration meetings.-Meetings of the
5443	board of administration at which a quorum of the members is
5444	present shall be open to all unit owners. Any unit owner may
5445	tape record or videotape meetings of the board of
5446	administration. The right to attend such meetings includes the
5447	right to speak at such meetings with reference to all designated
5448	agenda items. The division shall adopt reasonable rules
5449	governing the tape recording and videotaping of the meeting. The
5450	association may adopt reasonable written rules governing the
5451	frequency, duration, and manner of unit owner statements.
5452	Adequate notice of all meetings shall be posted in a conspicuous
5453	place upon the cooperative property at least 48 continuous hours
5454	preceding the meeting, except in an emergency. Any item not
5455	included on the notice may be taken up on an emergency basis by
5456	at least a majority plus one of the members of the board. Such
5457	emergency action shall be noticed and ratified at the next
5458	regular meeting of the board. However, written notice of any
5459	meeting at which nonemergency special assessments, or at which
5460	amendment to rules regarding unit use, will be considered shall
5461	be mailed, delivered, or electronically transmitted to the unit
5462	owners and posted conspicuously on the cooperative property not
5463	less than 14 days prior to the meeting. Evidence of compliance
5464	with this 14-day notice shall be made by an affidavit executed
5465	by the person providing the notice and filed among the official
5466	records of the association. Upon notice to the unit owners, the
5467	board shall by duly adopted rule designate a specific location
5468	on the cooperative property upon which all notices of board
5469	meetings shall be posted. In lieu of or in addition to the
5470	physical posting of notice of any meeting of the board of
5471	administration on the cooperative property, the association may,
5472	by reasonable rule, adopt a procedure for conspicuously posting
5473	and repeatedly broadcasting the notice and the agenda on a
5474	closed-circuit cable television system serving the cooperative
5475	association. However, if broadcast notice is used in lieu of a
5476	notice posted physically on the cooperative property, the notice
5477	and agenda must be broadcast at least four times every broadcast
5478	hour of each day that a posted notice is otherwise required
5479	under this section. When broadcast notice is provided, the
5480	notice and agenda must be broadcast in a manner and for a
5481	sufficient continuous length of time so as to allow an average
5482	reader to observe the notice and read and comprehend the entire
5483	content of the notice and the agenda. Notice of any meeting in
5484	which regular assessments against unit owners are to be
5485	considered for any reason shall specifically contain a statement
5486	that assessments will be considered and the nature of any such
5487	assessments. Meetings of a committee to take final action on
5488	behalf of the board or to make recommendations to the board
5489	regarding the association budget are subject to the provisions
5490	of this paragraph. Meetings of a committee that does not take
5491	final action on behalf of the board or make recommendations to
5492	the board regarding the association budget are subject to the
5493	provisions of this section, unless those meetings are exempted
5494	from this section by the bylaws of the association.
5495	Notwithstanding any other law to the contrary, the requirement
5496	that board meetings and committee meetings be open to the unit
5497	owners is inapplicable to meetings between the board or a
5498	committee and the association's attorney, with respect to
5499	proposed or pending litigation, when the meeting is held for the
5500	purpose of seeking or rendering legal advice.
5501	(d)  Shareholder meetings.-There shall be an annual meeting
5502	of the shareholders. All members of the board of administration
5503	shall be elected at the annual meeting unless the bylaws provide
5504	for staggered election terms or for their election at another
5505	meeting. Any unit owner desiring to be a candidate for board
5506	membership must comply with subparagraph 1. The bylaws must
5507	provide the method for calling meetings, including annual
5508	meetings. Written notice, which must incorporate an
5509	identification of agenda items, shall be given to each unit
5510	owner at least 14 days before the annual meeting and posted in a
5511	conspicuous place on the cooperative property at least 14
5512	continuous days preceding the annual meeting. Upon notice to the
5513	unit owners, the board must by duly adopted rule designate a
5514	specific location on the cooperative property upon which all
5515	notice of unit owner meetings are posted. In lieu of or in
5516	addition to the physical posting of the meeting notice, the
5517	association may, by reasonable rule, adopt a procedure for
5518	conspicuously posting and repeatedly broadcasting the notice and
5519	the agenda on a closed-circuit cable television system serving
5520	the cooperative association. However, if broadcast notice is
5521	used in lieu of a posted notice, the notice and agenda must be
5522	broadcast at least four times every broadcast hour of each day
5523	that a posted notice is otherwise required under this section.
5524	If broadcast notice is provided, the notice and agenda must be
5525	broadcast in a manner and for a sufficient continuous length of
5526	time to allow an average reader to observe the notice and read
5527	and comprehend the entire content of the notice and the agenda.
5528	Unless a unit owner waives in writing the right to receive
5529	notice of the annual meeting, the notice of the annual meeting
5530	must be sent by mail, hand delivered, or electronically
5531	transmitted to each unit owner. An officer of the association
5532	must provide an affidavit or United States Postal Service
5533	certificate of mailing, to be included in the official records
5534	of the association, affirming that notices of the association
5535	meeting were mailed, hand delivered, or electronically
5536	transmitted, in accordance with this provision, to each unit
5537	owner at the address last furnished to the association.
5538	1.  The board of administration shall be elected by written
5539	ballot or voting machine. A proxy may not be used in electing
5540	the board of administration in general elections or elections to
5541	fill vacancies caused by recall, resignation, or otherwise
5542	unless otherwise provided in this chapter. At least 60 days
5543	before a scheduled election, the association shall mail,
5544	deliver, or transmit, whether by separate association mailing,
5545	delivery, or electronic transmission or included in another
5546	association mailing, delivery, or electronic transmission,
5547	including regularly published newsletters, to each unit owner
5548	entitled to vote, a first notice of the date of the election.
5549	Any unit owner or other eligible person desiring to be a
5550	candidate for the board of administration must give written
5551	notice to the association at least 40 days before a scheduled
5552	election. Together with the written notice and agenda as set
5553	forth in this section, the association shall mail, deliver, or
5554	electronically transmit a second notice of election to all unit
5555	owners entitled to vote, together with a ballot which lists all
5556	candidates. Upon request of a candidate, the association shall
5557	include an information sheet, no larger than 8 1/2 inches by 11
5558	inches, which must be furnished by the candidate at least 35
5559	days before the election, to be included with the mailing,
5560	delivery, or electronic transmission of the ballot, with the
5561	costs of mailing, delivery, or transmission and copying to be
5562	borne by the association. The association is not liable for the
5563	contents of the information sheets provided by the candidates.
5564	In order to reduce costs, the association may print or duplicate
5565	the information sheets on both sides of the paper. The division
5566	shall by rule establish voting procedures consistent with this
5567	subparagraph, including rules establishing procedures for giving
5568	notice by electronic transmission and rules providing for the
5569	secrecy of ballots. Elections shall be decided by a plurality of
5570	those ballots cast. There is no quorum requirement. However, at
5571	least 20 percent of the eligible voters must cast a ballot in
5572	order to have a valid election. A unit owner may not permit any
5573	other person to vote his or her ballot, and any such ballots
5574	improperly cast are invalid. A unit owner who needs assistance
5575	in casting the ballot for the reasons stated in s. 101.051 may
5576	obtain assistance in casting the ballot. Any unit owner
5577	violating this provision may be fined by the association in
5578	accordance with s. 719.303. The regular election must occur on
5579	the date of the annual meeting. This subparagraph does not apply
5580	to timeshare cooperatives. Notwithstanding this subparagraph, an
5581	election and balloting are not required unless more candidates
5582	file a notice of intent to run or are nominated than vacancies
5583	exist on the board.
5584	2.  Any approval by unit owners called for by this chapter,
5585	or the applicable cooperative documents, must be made at a duly
5586	noticed meeting of unit owners and is subject to this chapter or
5587	the applicable cooperative documents relating to unit owner
5588	decisionmaking, except that unit owners may take action by
5589	written agreement, without meetings, on matters for which action
5590	by written agreement without meetings is expressly allowed by
5591	the applicable cooperative documents or law which provides for
5592	the unit owner action.
5593	3.  Unit owners may waive notice of specific meetings if
5594	allowed by the applicable cooperative documents or law. If
5595	authorized by the bylaws, notice of meetings of the board of
5596	administration, shareholder meetings, except shareholder
5597	meetings called to recall board members under paragraph (f), and
5598	committee meetings may be given by electronic transmission to
5599	unit owners who consent to receive notice by electronic
5600	transmission.
5601	4.  Unit owners have the right to participate in meetings
5602	of unit owners with reference to all designated agenda items.
5603	However, the association may adopt reasonable rules governing
5604	the frequency, duration, and manner of unit owner participation.
5605	5.  Any unit owner may tape record or videotape meetings of
5606	the unit owners subject to reasonable rules adopted by the
5607	division.
5608	6.  Unless otherwise provided in the bylaws, a vacancy
5609	occurring on the board before the expiration of a term may be
5610	filled by the affirmative vote of the majority of the remaining
5611	directors, even if the remaining directors constitute less than
5612	a quorum, or by the sole remaining director. In the alternative,
5613	a board may hold an election to fill the vacancy, in which case
5614	the election procedures must conform to the requirements of
5615	subparagraph 1. unless the association has opted out of the
5616	statutory election process, in which case the bylaws of the
5617	association control. Unless otherwise provided in the bylaws, a
5618	board member appointed or elected under this subparagraph shall
5619	fill the vacancy for the unexpired term of the seat being
5620	filled. Filling vacancies created by recall is governed by
5621	paragraph (f) and rules adopted by the division.
5622
5623	Notwithstanding subparagraphs (b)2. and (d)1., an association
5624	may, by the affirmative vote of a majority of the total voting
5625	interests, provide for a different voting and election procedure
5626	in its bylaws, which vote may be by a proxy specifically
5627	delineating the different voting and election procedures. The
5628	different voting and election procedures may provide for
5629	elections to be conducted by limited or general proxy.
5630	(f)  Recall of board members.-Subject to the provisions of
5631	s. 719.301, any member of the board of administration may be
5632	recalled and removed from office with or without cause by the
5633	vote or agreement in writing by a majority of all the voting
5634	interests. A special meeting of the voting interests to recall
5635	any member of the board of administration may be called by 10
5636	percent of the unit owners giving notice of the meeting as
5637	required for a meeting of unit owners, and the notice shall
5638	state the purpose of the meeting. Electronic transmission may
5639	not be used as a method of giving notice of a meeting called in
5640	whole or in part for this purpose.
5641	1.  If the recall is approved by a majority of all voting
5642	interests by a vote at a meeting, the recall shall be effective
5643	as provided herein. The board shall duly notice and hold a board
5644	meeting within 5 full business days of the adjournment of the
5645	unit owner meeting to recall one or more board members. At the
5646	meeting, the board shall either certify the recall, in which
5647	case such member or members shall be recalled effective
5648	immediately and shall turn over to the board within 5 full
5649	business days any and all records and property of the
5650	association in their possession, or shall proceed as set forth
5651	in subparagraph 3.
5652	2.  If the proposed recall is by an agreement in writing by
5653	a majority of all voting interests, the agreement in writing or
5654	a copy thereof shall be served on the association by certified
5655	mail or by personal service in the manner authorized by chapter
5656	48 and the Florida Rules of Civil Procedure. The board of
5657	administration shall duly notice and hold a meeting of the board
5658	within 5 full business days after receipt of the agreement in
5659	writing. At the meeting, the board shall either certify the
5660	written agreement to recall members of the board, in which case
5661	such members shall be recalled effective immediately and shall
5662	turn over to the board, within 5 full business days, any and all
5663	records and property of the association in their possession, or
5664	proceed as described in subparagraph 3.
5665	3.  If the board determines not to certify the written
5666	agreement to recall members of the board, or does not certify
5667	the recall by a vote at a meeting, the board shall, within 5
5668	full business days after the board meeting, file with the
5669	division a petition for binding arbitration pursuant to the
5670	procedures of s. 719.1255. For purposes of this paragraph, the
5671	unit owners who voted at the meeting or who executed the
5672	agreement in writing shall constitute one party under the
5673	petition for arbitration. If the arbitrator certifies the recall
5674	as to any member of the board, the recall shall be effective
5675	upon mailing of the final order of arbitration to the
5676	association. If the association fails to comply with the order
5677	of the arbitrator, the division may take action pursuant to s.
5678	719.501. Any member so recalled shall deliver to the board any
5679	and all records and property of the association in the member's
5680	possession within 5 full business days of the effective date of
5681	the recall.
5682	3.4.  If the board fails to duly notice and hold a board
5683	meeting within 5 full business days of service of an agreement
5684	in writing or within 5 full business days of the adjournment of
5685	the unit owner recall meeting, the recall shall be deemed
5686	effective and the board members so recalled shall immediately
5687	turn over to the board any and all records and property of the
5688	association.
5689	4.5.  If a vacancy occurs on the board as a result of a
5690	recall and less than a majority of the board members are
5691	removed, the vacancy may be filled by the affirmative vote of a
5692	majority of the remaining directors, notwithstanding any
5693	provision to the contrary contained in this chapter. If
5694	vacancies occur on the board as a result of a recall and a
5695	majority or more of the board members are removed, the vacancies
5696	shall be filled in accordance with procedural rules to be
5697	adopted by the division, which rules need not be consistent with
5698	this chapter. The rules must provide procedures governing the
5699	conduct of the recall election as well as the operation of the
5700	association during the period after a recall but prior to the
5701	recall election.
5702	(l)  Arbitration.-There shall be a provision for mandatory
5703	nonbinding arbitration of internal disputes arising from the
5704	operation of the cooperative in accordance with s. 719.1255.
5705	Section 165.  Section 719.1255, Florida Statutes, is
5706	repealed.
5707	Section 166.  Subsections (1) and (8) of section 719.202,
5708	Florida Statutes, are amended to read:
5709	719.202  Sales or reservation deposits prior to closing.-
5710	(1)  If a developer contracts to sell a cooperative parcel
5711	and the construction, furnishing, and landscaping of the
5712	property submitted or proposed to be submitted to cooperative
5713	ownership has not been substantially completed in accordance
5714	with the plans and specifications and representations made by
5715	the developer in the disclosures required by this chapter, the
5716	developer shall pay into an escrow account all payments up to 10
5717	percent of the sale price received by the developer from the
5718	buyer towards the sale price. The escrow agent shall give to the
5719	purchaser a receipt for the deposit, upon request. In lieu of
5720	the foregoing, the division director shall have the discretion
5721	to accept other assurances, including, but not limited to, a
5722	surety bond or an irrevocable letter of credit in an amount
5723	equal to the escrow requirements of this section. Default
5724	determinations and refund of deposits shall be governed by the
5725	escrow release provision of this subsection. Funds shall be
5726	released from the escrow as follows:
5727	(a)  If a buyer properly terminates the contract pursuant
5728	to its terms or pursuant to this chapter, the funds shall be
5729	paid to the buyer together with any interest earned.
5730	(b)  If the buyer defaults in the performance of his or her
5731	obligations under the contract of purchase and sale, the funds
5732	shall be paid to the developer together with any interest
5733	earned.
5734	(c)  If the contract does not provide for the payment of
5735	any interest earned on the escrowed funds, interest shall be
5736	paid to the developer at the closing of the transaction.
5737	(d)  If the funds of a buyer have not been previously
5738	disbursed in accordance with the provisions of this subsection,
5739	they may be disbursed to the developer by the escrow agent at
5740	the closing of the transaction, unless prior to the disbursement
5741	the escrow agent receives from the buyer written notice of a
5742	dispute between the buyer and developer.
5743	(8)  Each escrow account required by this section shall be
5744	established with a bank, a savings and loan association, an
5745	attorney who is a member of The Florida Bar, a real estate
5746	broker registered under chapter 475, or any financial lending
5747	institution having a net worth in excess of $5 million. The
5748	escrow agent shall not be located outside the state unless,
5749	pursuant to the escrow agreement, the escrow agent submits to
5750	the jurisdiction of the division and the courts of this state
5751	for any cause of action arising from the escrow. Each escrow
5752	agent shall be independent of the developer, and no developer or
5753	any officer, director, affiliate, subsidiary, or employee
5754	thereof may serve as escrow agent. Escrow funds may be invested
5755	only in securities of the United States or any agency thereof or
5756	in accounts in institutions the deposits of which are insured by
5757	an agency of the United States.
5758	Section 167.  Subsections (2) and (6) of section 719.301,
5759	Florida Statutes, are amended to read:
5760	719.301  Transfer of association control.-
5761	(2)  Within 75 days after the unit owners other than the
5762	developer are entitled to elect a member or members of the board
5763	of administration of an association, the association shall call,
5764	and give not less than 60 days' notice of, an election for the
5765	members of the board of administration. The election shall
5766	proceed as provided in s. 719.106(1)(d). The notice may be given
5767	by any unit owner if the association fails to do so. Upon
5768	election of the first unit owner other than the developer to the
5769	board of administration, the developer shall forward to the
5770	division the name and mailing address of the unit owner board
5771	member.
5772	(6)  The division may adopt rules administering the
5773	provisions of this section.
5774	Section 168.  Section 719.501, Florida Statutes, is
5775	repealed.
5776	Section 169.  Section 719.502, Florida Statutes, is
5777	repealed.
5778	Section 170.  Paragraphs (b) and (c) of subsection (1) of
5779	section 719.503, Florida Statutes, are amended to read:
5780	719.503  Disclosure prior to sale.-
5781	(1)  DEVELOPER DISCLOSURE.-
5782	(b)  Copies of documents to be furnished to prospective
5783	buyer or lessee.-Until such time as the developer has furnished
5784	the documents listed below to a person who has entered into a
5785	contract to purchase a unit or lease it for more than 5 years,
5786	the contract may be voided by that person, entitling the person
5787	to a refund of any deposit together with interest thereon as
5788	provided in s. 719.202. The contract may be terminated by
5789	written notice from the proposed buyer or lessee delivered to
5790	the developer within 15 days after the buyer or lessee receives
5791	all of the documents required by this section. The developer
5792	shall not close for 15 days following the execution of the
5793	agreement and delivery of the documents to the buyer as
5794	evidenced by a receipt for documents signed by the buyer unless
5795	the buyer is informed in the 15-day voidability period and
5796	agrees to close prior to the expiration of the 15 days. The
5797	developer shall retain in his or her records a separate signed
5798	agreement as proof of the buyer's agreement to close prior to
5799	the expiration of said voidability period. Said proof shall be
5800	retained for a period of 5 years after the date of the closing
5801	transaction. The documents to be delivered to the prospective
5802	buyer are the prospectus or disclosure statement with all
5803	exhibits, if the development is subject to the provisions of s.
5804	719.504, or, if not, then copies of the following which are
5805	applicable:
5806	1.  The question and answer sheet described in s. 719.504,
5807	and cooperative documents, or the proposed cooperative documents
5808	if the documents have not been recorded, which shall include the
5809	certificate of a surveyor approximately representing the
5810	locations required by s. 719.104.
5811	2.  The documents creating the association.
5812	3.  The bylaws.
5813	4.  The ground lease or other underlying lease of the
5814	cooperative.
5815	5.  The management contract, maintenance contract, and
5816	other contracts for management of the association and operation
5817	of the cooperative and facilities used by the unit owners having
5818	a service term in excess of 1 year, and any management contracts
5819	that are renewable.
5820	6.  The estimated operating budget for the cooperative and
5821	a schedule of expenses for each type of unit, including fees
5822	assessed to a shareholder who has exclusive use of limited
5823	common areas, where such costs are shared only by those entitled
5824	to use such limited common areas.
5825	7.  The lease of recreational and other facilities that
5826	will be used only by unit owners of the subject cooperative.
5827	8.  The lease of recreational and other common areas that
5828	will be used by unit owners in common with unit owners of other
5829	cooperatives.
5830	9.  The form of unit lease if the offer is of a leasehold.
5831	10.  Any declaration of servitude of properties serving the
5832	cooperative but not owned by unit owners or leased to them or
5833	the association.
5834	11.  If the development is to be built in phases or if the
5835	association is to manage more than one cooperative, a
5836	description of the plan of phase development or the arrangements
5837	for the association to manage two or more cooperatives.
5838	12.  If the cooperative is a conversion of existing
5839	improvements, the statements and disclosure required by s.
5840	719.616.
5841	13.  The form of agreement for sale or lease of units.
5842	14.  A copy of the floor plan of the unit and the plot plan
5843	showing the location of the residential buildings and the
5844	recreation and other common areas.
5845	15.  A copy of all covenants and restrictions which will
5846	affect the use of the property and which are not contained in
5847	the foregoing.
5848	16.  If the developer is required by state or local
5849	authorities to obtain acceptance or approval of any dock or
5850	marina facilities intended to serve the cooperative, a copy of
5851	any such acceptance or approval acquired by the time of filing
5852	with the division pursuant to s. 719.502(1) or a statement that
5853	such acceptance or approval has not been acquired or received.
5854	17.  Evidence demonstrating that the developer has an
5855	ownership, leasehold, or contractual interest in the land upon
5856	which the cooperative is to be developed.
5857	(c)  Subsequent estimates; when provided.-If the closing on
5858	a contract occurs more than 12 months after the filing of the
5859	offering circular with the division, The developer shall provide
5860	a copy of the current estimated operating budget of the
5861	association to the buyer at closing, which shall not be
5862	considered an amendment that modifies the offering, provided any
5863	changes to the association's budget from the budget given to the
5864	buyer at the time of contract signing were the result of matters
5865	beyond the developer's control. Changes in budgets of any master
5866	association, recreation association, or club and similar budgets
5867	for entities other than the association shall likewise not be
5868	considered amendments that modify the offering. It is the intent
5869	of this paragraph to clarify existing law.
5870	Section 171.  Section 719.504, Florida Statutes, is amended
5871	to read:
5872	719.504  Prospectus or offering circular.-Every developer
5873	of a residential cooperative which contains more than 20
5874	residential units, or which is part of a group of residential
5875	cooperatives which will be served by property to be used in
5876	common by unit owners of more than 20 residential units, shall
5877	prepare a prospectus or offering circular and file it with the
5878	Division of Florida Condominiums, Timeshares, and Mobile Homes
5879	prior to entering into an enforceable contract of purchase and
5880	sale of any unit or lease of a unit for more than 5 years and
5881	shall furnish a copy of the prospectus or offering circular to
5882	each buyer. In addition to the prospectus or offering circular,
5883	each buyer shall be furnished a separate page entitled
5884	"Frequently Asked Questions and Answers" Answers," which must be
5885	in accordance with a format approved by the division. This page
5886	must, in readable language: inform prospective purchasers
5887	regarding their voting rights and unit use restrictions,
5888	including restrictions on the leasing of a unit; indicate
5889	whether and in what amount the unit owners or the association is
5890	obligated to pay rent or land use fees for recreational or other
5891	commonly used facilities; contain a statement identifying that
5892	amount of assessment which, pursuant to the budget, would be
5893	levied upon each unit type, exclusive of any special
5894	assessments, and which identifies the basis upon which
5895	assessments are levied, whether monthly, quarterly, or
5896	otherwise; state and identify any court cases in which the
5897	association is currently a party of record in which the
5898	association may face liability in excess of $100,000; and state
5899	whether membership in a recreational facilities association is
5900	mandatory and, if so, identify the fees currently charged per
5901	unit type. The division shall by rule require such other
5902	disclosure as in its judgment will assist prospective
5903	purchasers. The prospectus or offering circular may include more
5904	than one cooperative, although not all such units are being
5905	offered for sale as of the date of the prospectus or offering
5906	circular. The prospectus or offering circular must contain the
5907	following information:
5908	(1)  The front cover or the first page must contain only:
5909	(a)  The name of the cooperative.
5910	(b)  The following statements in conspicuous type:
5911	1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
5912	MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
5913	2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
5914	NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
5915	ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
5916	MATERIALS.
5917	3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
5918	STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
5919	PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
5920	REPRESENTATIONS.
5921	(2)  Summary: The next page must contain all statements
5922	required to be in conspicuous type in the prospectus or offering
5923	circular.
5924	(3)  A separate index of the contents and exhibits of the
5925	prospectus.
5926	(4)  Beginning on the first page of the text (not including
5927	the summary and index), a description of the cooperative,
5928	including, but not limited to, the following information:
5929	(a)  Its name and location.
5930	(b)  A description of the cooperative property, including,
5931	without limitation:
5932	1.  The number of buildings, the number of units in each
5933	building, the number of bathrooms and bedrooms in each unit, and
5934	the total number of units, if the cooperative is not a phase
5935	cooperative; or, if the cooperative is a phase cooperative, the
5936	maximum number of buildings that may be contained within the
5937	cooperative, the minimum and maximum number of units in each
5938	building, the minimum and maximum number of bathrooms and
5939	bedrooms that may be contained in each unit, and the maximum
5940	number of units that may be contained within the cooperative.
5941	2.  The page in the cooperative documents where a copy of
5942	the survey and plot plan of the cooperative is located.
5943	3.  The estimated latest date of completion of
5944	constructing, finishing, and equipping. In lieu of a date, a
5945	statement that the estimated date of completion of the
5946	cooperative is in the purchase agreement and a reference to the
5947	article or paragraph containing that information.
5948	(c)  The maximum number of units that will use facilities
5949	in common with the cooperative. If the maximum number of units
5950	will vary, a description of the basis for variation and the
5951	minimum amount of dollars per unit to be spent for additional
5952	recreational facilities or enlargement of such facilities. If
5953	the addition or enlargement of facilities will result in a
5954	material increase of a unit owner's maintenance expense or
5955	rental expense, if any, the maximum increase and limitations
5956	thereon shall be stated.
5957	(5)(a)  A statement in conspicuous type describing whether
5958	the cooperative is created and being sold as fee simple
5959	interests or as leasehold interests. If the cooperative is
5960	created or being sold on a leasehold, the location of the lease
5961	in the disclosure materials shall be stated.
5962	(b)  If timeshare estates are or may be created with
5963	respect to any unit in the cooperative, a statement in
5964	conspicuous type stating that timeshare estates are created and
5965	being sold in such specified units in the cooperative.
5966	(6)  A description of the recreational and other common
5967	areas that will be used only by unit owners of the cooperative,
5968	including, but not limited to, the following:
5969	(a)  Each room and its intended purposes, location,
5970	approximate floor area, and capacity in numbers of people.
5971	(b)  Each swimming pool, as to its general location,
5972	approximate size and depths, approximate deck size and capacity,
5973	and whether heated.
5974	(c)  Additional facilities, as to the number of each
5975	facility, its approximate location, approximate size, and
5976	approximate capacity.
5977	(d)  A general description of the items of personal
5978	property and the approximate number of each item of personal
5979	property that the developer is committing to furnish for each
5980	room or other facility or, in the alternative, a representation
5981	as to the minimum amount of expenditure that will be made to
5982	purchase the personal property for the facility.
5983	(e)  The estimated date when each room or other facility
5984	will be available for use by the unit owners.
5985	(f)1.  An identification of each room or other facility to
5986	be used by unit owners that will not be owned by the unit owners
5987	or the association;
5988	2.  A reference to the location in the disclosure materials
5989	of the lease or other agreements providing for the use of those
5990	facilities; and
5991	3.  A description of the terms of the lease or other
5992	agreements, including the length of the term; the rent payable,
5993	directly or indirectly, by each unit owner, and the total rent
5994	payable to the lessor, stated in monthly and annual amounts for
5995	the entire term of the lease; and a description of any option to
5996	purchase the property leased under any such lease, including the
5997	time the option may be exercised, the purchase price or how it
5998	is to be determined, the manner of payment, and whether the
5999	option may be exercised for a unit owner's share or only as to
6000	the entire leased property.
6001	(g)  A statement as to whether the developer may provide
6002	additional facilities not described above, their general
6003	locations and types, improvements or changes that may be made,
6004	the approximate dollar amount to be expended, and the maximum
6005	additional common expense or cost to the individual unit owners
6006	that may be charged during the first annual period of operation
6007	of the modified or added facilities.
6008
6009	Descriptions as to locations, areas, capacities, numbers,
6010	volumes, or sizes may be stated as approximations or minimums.
6011	(7)  A description of the recreational and other facilities
6012	that will be used in common with other cooperatives, community
6013	associations, or planned developments which require the payment
6014	of the maintenance and expenses of such facilities, directly or
6015	indirectly, by the unit owners. The description shall include,
6016	but not be limited to, the following:
6017	(a)  Each building and facility committed to be built.
6018	(b)  Facilities not committed to be built except under
6019	certain conditions, and a statement of those conditions or
6020	contingencies.
6021	(c)  As to each facility committed to be built, or which
6022	will be committed to be built upon the happening of one of the
6023	conditions in paragraph (b), a statement of whether it will be
6024	owned by the unit owners having the use thereof or by an
6025	association or other entity which will be controlled by them, or
6026	others, and the location in the exhibits of the lease or other
6027	document providing for use of those facilities.
6028	(d)  The year in which each facility will be available for
6029	use by the unit owners or, in the alternative, the maximum
6030	number of unit owners in the project at the time each of all of
6031	the facilities is committed to be completed.
6032	(e)  A general description of the items of personal
6033	property, and the approximate number of each item of personal
6034	property, that the developer is committing to furnish for each
6035	room or other facility or, in the alternative, a representation
6036	as to the minimum amount of expenditure that will be made to
6037	purchase the personal property for the facility.
6038	(f)  If there are leases, a description thereof, including
6039	the length of the term, the rent payable, and a description of
6040	any option to purchase.
6041
6042	Descriptions shall include location, areas, capacities, numbers,
6043	volumes, or sizes and may be stated as approximations or
6044	minimums.
6045	(8)  Recreation lease or associated club membership:
6046	(a)  If any recreational facilities or other common areas
6047	offered by the developer and available to, or to be used by,
6048	unit owners are to be leased or have club membership associated,
6049	the following statement in conspicuous type shall be included:
6050	THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
6051	COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
6052	COOPERATIVE. There shall be a reference to the location in the
6053	disclosure materials where the recreation lease or club
6054	membership is described in detail.
6055	(b)  If it is mandatory that unit owners pay a fee, rent,
6056	dues, or other charges under a recreational facilities lease or
6057	club membership for the use of facilities, there shall be in
6058	conspicuous type the applicable statement:
6059	1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
6060	MANDATORY FOR UNIT OWNERS; or
6061	2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
6062	TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
6063	3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE
6064	COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,
6065	REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES
6066	LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
6067	4.  A similar statement of the nature of the organization
6068	or manner in which the use rights are created, and that unit
6069	owners are required to pay.
6070
6071	Immediately following the applicable statement, the location in
6072	the disclosure materials where the development is described in
6073	detail shall be stated.
6074	(c)  If the developer, or any other person other than the
6075	unit owners and other persons having use rights in the
6076	facilities, reserves, or is entitled to receive, any rent, fee,
6077	or other payment for the use of the facilities, then there shall
6078	be the following statement in conspicuous type: THE UNIT OWNERS
6079	OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
6080	RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
6081	statement, the location in the disclosure materials where the
6082	rent or land use fees are described in detail shall be stated.
6083	(d)  If, in any recreation format, whether leasehold, club,
6084	or other, any person other than the association has the right to
6085	a lien on the units to secure the payment of assessments, rent,
6086	or other exactions, there shall appear a statement in
6087	conspicuous type in substantially the following form:
6088	1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
6089	SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
6090	RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE
6091	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
6092	2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
6093	SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
6094	FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
6095	OR COMMONLY USED AREAS. THE UNIT OWNER'S FAILURE TO MAKE THESE
6096	PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
6097
6098	Immediately following the applicable statement, the location in
6099	the disclosure materials where the lien or lien right is
6100	described in detail shall be stated.
6101	(9)  If the developer or any other person has the right to
6102	increase or add to the recreational facilities at any time after
6103	the establishment of the cooperative whose unit owners have use
6104	rights therein, without the consent of the unit owners or
6105	associations being required, there shall appear a statement in
6106	conspicuous type in substantially the following form:
6107	RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT
6108	OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this
6109	statement, the location in the disclosure materials where such
6110	reserved rights are described shall be stated.
6111	(10)  A statement of whether the developer's plan includes
6112	a program of leasing units rather than selling them, or leasing
6113	units and selling them subject to such leases. If so, there
6114	shall be a description of the plan, including the number and
6115	identification of the units and the provisions and term of the
6116	proposed leases, and a statement in boldfaced type that: THE
6117	UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
6118	(11)  The arrangements for management of the association
6119	and maintenance and operation of the cooperative property and of
6120	other property that will serve the unit owners of the
6121	cooperative property, and a description of the management
6122	contract and all other contracts for these purposes having a
6123	term in excess of 1 year, including the following:
6124	(a)  The names of contracting parties.
6125	(b)  The term of the contract.
6126	(c)  The nature of the services included.
6127	(d)  The compensation, stated on a monthly and annual
6128	basis, and provisions for increases in the compensation.
6129	(e)  A reference to the volumes and pages of the
6130	cooperative documents and of the exhibits containing copies of
6131	such contracts.
6132
6133	Copies of all described contracts shall be attached as exhibits.
6134	If there is a contract for the management of the cooperative
6135	property, then a statement in conspicuous type in substantially
6136	the following form shall appear, identifying the proposed or
6137	existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
6138	THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH (NAME OF THE
6139	CONTRACT MANAGER). Immediately following this statement, the
6140	location in the disclosure materials of the contract for
6141	management of the cooperative property shall be stated.
6142	(12)  If the developer or any other person or persons other
6143	than the unit owners has the right to retain control of the
6144	board of administration of the association for a period of time
6145	which can exceed 1 year after the closing of the sale of a
6146	majority of the units in that cooperative to persons other than
6147	successors or alternate developers, then a statement in
6148	conspicuous type in substantially the following form shall be
6149	included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
6150	RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
6151	HAVE BEEN SOLD. Immediately following this statement, the
6152	location in the disclosure materials where this right to control
6153	is described in detail shall be stated.
6154	(13)  If there are any restrictions upon the sale,
6155	transfer, conveyance, or leasing of a unit, then a statement in
6156	conspicuous type in substantially the following form shall be
6157	included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR
6158	CONTROLLED. Immediately following this statement, the location
6159	in the disclosure materials where the restriction, limitation,
6160	or control on the sale, lease, or transfer of units is described
6161	in detail shall be stated.
6162	(14)  If the cooperative is part of a phase project, the
6163	following shall be stated:
6164	(a)  A statement in conspicuous type in substantially the
6165	following form shall be included: THIS IS A PHASE COOPERATIVE.
6166	ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS COOPERATIVE.
6167	Immediately following this statement, the location in the
6168	disclosure materials where the phasing is described shall be
6169	stated.
6170	(b)  A summary of the provisions of the declaration
6171	providing for the phasing.
6172	(c)  A statement as to whether or not residential buildings
6173	and units which are added to the cooperative may be
6174	substantially different from the residential buildings and units
6175	originally in the cooperative, and, if the added residential
6176	buildings and units may be substantially different, there shall
6177	be a general description of the extent to which such added
6178	residential buildings and units may differ, and a statement in
6179	conspicuous type in substantially the following form shall be
6180	included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE COOPERATIVE
6181	MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND
6182	UNITS IN THE COOPERATIVE. Immediately following this statement,
6183	the location in the disclosure materials where the extent to
6184	which added residential buildings and units may substantially
6185	differ is described shall be stated.
6186	(d)  A statement of the maximum number of buildings
6187	containing units, the maximum and minimum number of units in
6188	each building, the maximum number of units, and the minimum and
6189	maximum square footage of the units that may be contained within
6190	each parcel of land which may be added to the cooperative.
6191	(15)  If the cooperative is created by conversion of
6192	existing improvements, the following information shall be
6193	stated:
6194	(a)  The information required by s. 719.616.
6195	(b)  A caveat that there are no express warranties unless
6196	they are stated in writing by the developer.
6197	(16)  A summary of the restrictions, if any, to be imposed
6198	on units concerning the use of any of the cooperative property,
6199	including statements as to whether there are restrictions upon
6200	children and pets, and reference to the volumes and pages of the
6201	cooperative documents where such restrictions are found, or if
6202	such restrictions are contained elsewhere, then a copy of the
6203	documents containing the restrictions shall be attached as an
6204	exhibit.
6205	(17)  If there is any land that is offered by the developer
6206	for use by the unit owners and that is neither owned by them nor
6207	leased to them, the association, or any entity controlled by
6208	unit owners and other persons having the use rights to such
6209	land, a statement shall be made as to how such land will serve
6210	the cooperative. If any part of such land will serve the
6211	cooperative, the statement shall describe the land and the
6212	nature and term of service, and the cooperative documents or
6213	other instrument creating such servitude shall be included as an
6214	exhibit.
6215	(18)  The manner in which utility and other services,
6216	including, but not limited to, sewage and waste disposal, water
6217	supply, and storm drainage, will be provided and the person or
6218	entity furnishing them.
6219	(19)  An explanation of the manner in which the
6220	apportionment of common expenses and ownership of the common
6221	areas have been determined.
6222	(20)  An estimated operating budget for the cooperative and
6223	the association, and a schedule of the unit owner's expenses
6224	shall be attached as an exhibit and shall contain the following
6225	information:
6226	(a)  The estimated monthly and annual expenses of the
6227	cooperative and the association that are collected from unit
6228	owners by assessments.
6229	(b)  The estimated monthly and annual expenses of each unit
6230	owner for a unit, other than assessments payable to the
6231	association, payable by the unit owner to persons or entities
6232	other than the association, and the total estimated monthly and
6233	annual expense. There may be excluded from this estimate
6234	expenses that are personal to unit owners, which are not
6235	uniformly incurred by all unit owners, or which are not provided
6236	for or contemplated by the cooperative documents, including, but
6237	not limited to, the costs of private telephone; maintenance of
6238	the interior of cooperative units, which is not the obligation
6239	of the association; maid or janitorial services privately
6240	contracted for by the unit owners; utility bills billed directly
6241	to each unit owner for utility services to his or her unit;
6242	insurance premiums other than those incurred for policies
6243	obtained by the cooperative; and similar personal expenses of
6244	the unit owner. A unit owner's estimated payments for
6245	assessments shall also be stated in the estimated amounts for
6246	the times when they will be due.
6247	(c)  The estimated items of expenses of the cooperative and
6248	the association, except as excluded under paragraph (b),
6249	including, but not limited to, the following items, which shall
6250	be stated as an association expense collectible by assessments
6251	or as unit owners' expenses payable to persons other than the
6252	association:
6253	1.  Expenses for the association and cooperative:
6254	a.  Administration of the association.
6255	b.  Management fees.
6256	c.  Maintenance.
6257	d.  Rent for recreational and other commonly used areas.
6258	e.  Taxes upon association property.
6259	f.  Taxes upon leased areas.
6260	g.  Insurance.
6261	h.  Security provisions.
6262	i.  Other expenses.
6263	j.  Operating capital.
6264	k.  Reserves.
6265	l.  Fee payable to the division.
6266	2.  Expenses for a unit owner:
6267	a.  Rent for the unit, if subject to a lease.
6268	b.  Rent payable by the unit owner directly to the lessor
6269	or agent under any recreational lease or lease for the use of
6270	commonly used areas, which use and payment are a mandatory
6271	condition of ownership and are not included in the common
6272	expense or assessments for common maintenance paid by the unit
6273	owners to the association.
6274	(d)  The following statement in conspicuous type: THE
6275	BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
6276	ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
6277	ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
6278	FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
6279	ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
6280	CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
6281	THE OFFERING.
6282	(e)  Each budget for an association prepared by a developer
6283	consistent with this subsection shall be prepared in good faith
6284	and shall reflect accurate estimated amounts for the required
6285	items in paragraph (c) at the time of the filing of the offering
6286	circular with the division, and subsequent increased amounts of
6287	any item included in the association's estimated budget that are
6288	beyond the control of the developer shall not be considered an
6289	amendment that would give rise to rescission rights set forth in
6290	s. 719.503(1)(a) or (b), nor shall such increases modify, void,
6291	or otherwise affect any guarantee of the developer contained in
6292	the offering circular or any purchase contract. It is the intent
6293	of this paragraph to clarify existing law.
6294	(f)  The estimated amounts shall be stated for a period of
6295	at least 12 months and may distinguish between the period prior
6296	to the time unit owners other than the developer elect a
6297	majority of the board of administration and the period after
6298	that date.
6299	(21)  A schedule of estimated closing expenses to be paid
6300	by a buyer or lessee of a unit and a statement of whether title
6301	opinion or title insurance policy is available to the buyer and,
6302	if so, at whose expense.
6303	(22)  The identity of the developer and the chief operating
6304	officer or principal directing the creation and sale of the
6305	cooperative and a statement of its and his or her experience in
6306	this field.
6307	(23)  Copies of the following, to the extent they are
6308	applicable, shall be included as exhibits:
6309	(a)  The cooperative documents, or the proposed cooperative
6310	documents if the documents have not been recorded.
6311	(b)  The articles of incorporation creating the
6312	association.
6313	(c)  The bylaws of the association.
6314	(d)  The ground lease or other underlying lease of the
6315	cooperative.
6316	(e)  The management agreement and all maintenance and other
6317	contracts for management of the association and operation of the
6318	cooperative and facilities used by the unit owners having a
6319	service term in excess of 1 year.
6320	(f)  The estimated operating budget for the cooperative and
6321	the required schedule of unit owners' expenses.
6322	(g)  A copy of the floor plan of the unit and the plot plan
6323	showing the location of the residential buildings and the
6324	recreation and other common areas.
6325	(h)  The lease of recreational and other facilities that
6326	will be used only by unit owners of the subject cooperative.
6327	(i)  The lease of facilities used by owners and others.
6328	(j)  The form of unit lease, if the offer is of a
6329	leasehold.
6330	(k)  A declaration of servitude of properties serving the
6331	cooperative but not owned by unit owners or leased to them or
6332	the association.
6333	(l)  The statement of condition of the existing building or
6334	buildings, if the offering is of units in an operation being
6335	converted to cooperative ownership.
6336	(m)  The statement of inspection for termite damage and
6337	treatment of the existing improvements, if the cooperative is a
6338	conversion.
6339	(n)  The form of agreement for sale or lease of units.
6340	(o)  A copy of the agreement for escrow of payments made to
6341	the developer prior to closing.
6342	(p)  A copy of the documents containing any restrictions on
6343	use of the property required by subsection (16).
6344	(24)  Any prospectus or offering circular complying with
6345	the provisions of former ss. 711.69 and 711.802 may continue to
6346	be used without amendment, or may be amended to comply with this
6347	chapter.
6348	(25)  A brief narrative description of the location and
6349	effect of all existing and intended easements located or to be
6350	located on the cooperative property other than those in the
6351	declaration.
6352	(26)  If the developer is required by state or local
6353	authorities to obtain acceptance or approval of any dock or
6354	marina facility intended to serve the cooperative, a copy of
6355	such acceptance or approval acquired by the time of filing with
6356	the division pursuant to s. 719.502 or a statement that such
6357	acceptance has not been acquired or received.
6358	(27)  Evidence demonstrating that the developer has an
6359	ownership, leasehold, or contractual interest in the land upon
6360	which the cooperative is to be developed.
6361	Section 172.  Section 719.508, Florida Statutes, is
6362	repealed.
6363	Section 173.  Paragraph (a) of subsection (2) and
6364	subsections (4) and (5) of section 719.608, Florida Statutes,
6365	are amended to read:
6366	719.608  Notice of intended conversion; time of delivery;
6367	content.-
6368	(2)(a)  Each notice of intended conversion shall be dated
6369	and in writing. The notice shall contain the following
6370	statement, with the phrases of the following statement which
6371	appear in upper case printed in conspicuous type:
6372	These apartments are being converted to cooperative by
6373	...(name of developer)..., the developer.
6374	1.  YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
6375	YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
6376	AGREEMENT AS FOLLOWS:
6377	a.  If you have continuously been a resident of these
6378	apartments during the last 180 days and your rental agreement
6379	expires during the next 270 days, you may extend your rental
6380	agreement for up to 270 days after the date of this notice.
6381	b.  If you have not been a continuous resident of these
6382	apartments for the last 180 days and your rental agreement
6383	expires during the next 180 days, you may extend your rental
6384	agreement for up to 180 days after the date of this notice.
6385	c.  IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
6386	MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
6387	DATE OF THIS NOTICE.
6388	2.  IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
6389	you may extend your rental agreement for up to 45 days after the
6390	date of this notice while you decide whether to extend your
6391	rental agreement as explained above. To do so, you must notify
6392	the developer in writing. You will then have the full 45 days to
6393	decide whether to extend your rental agreement as explained
6394	above.
6395	3.  During the extension of your rental agreement you will
6396	be charged the same rent that you are now paying.
6397	4.  YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
6398	OF THE RENTAL AGREEMENT AS FOLLOWS:
6399	a.  If your rental agreement began or was extended or
6400	renewed after May 1, 1980, and your rental agreement, including
6401	extensions and renewals, has an unexpired term of 180 days or
6402	less, you may cancel your rental agreement upon 30 days' written
6403	notice and move. Also, upon 30 days' written notice, you may
6404	cancel any extension of the rental agreement.
6405	b.  If your rental agreement was not begun or was not
6406	extended or renewed after May 1, 1980, you may not cancel the
6407	rental agreement without the consent of the developer. If your
6408	rental agreement, including extensions and renewals, has an
6409	unexpired term of 180 days or less, you may, however, upon 30
6410	days' written notice cancel any extension of the rental
6411	agreement.
6412	5.  All notices must be given in writing and sent by mail,
6413	return receipt requested, or delivered in person to the
6414	developer at this address: ...(name and address of
6415	developer)....
6416	6.  If you have continuously been a resident of these
6417	apartments during the last 180 days:
6418	a.  You have the right to purchase your apartment and will
6419	have 45 days to decide whether to purchase. If you do not buy
6420	the unit at that price and the unit is later offered at a lower
6421	price, you will have the opportunity to buy the unit at the
6422	lower price. However, in all events your right to purchase the
6423	unit ends when the rental agreement or any extension of the
6424	rental agreement ends or when you waive this right in writing.
6425	b.  Within 90 days you will be provided purchase
6426	information relating to your apartment, including the price of
6427	your unit and the condition of the building. If you do not
6428	receive this information within 90 days, your rental agreement
6429	and any extension will be extended 1 day for each day over 90
6430	days until you are given the purchase information. If you do not
6431	want this rental agreement extension, you must notify the
6432	developer in writing.
6433	7.  If you have any questions regarding this conversion or
6434	the Cooperative Act, you may contact the developer or the state
6435	agency which regulates cooperatives: The Division of Florida
6436	Condominiums, Timeshares, and Mobile Homes, ...(Tallahassee
6437	address and telephone number of division)....
6438	(4)  Upon the request of a developer and payment of a fee
6439	prescribed by the rules of the division not to exceed $50, the
6440	division may verify to a developer that a notice complies with
6441	this section.
6442	(5)  Prior to delivering a notice of intended conversion to
6443	tenants of existing improvements being converted to a
6444	residential cooperative, each developer shall file with the
6445	division a copy of the notice of intended conversion. Upon
6446	filing, each developer shall pay to the division a filing fee of
6447	$100.
6448	Section 174.  Section 719.621, Florida Statutes, is
6449	repealed.
6450	Section 175.  Subsections (8) through (13) of section
6451	720.301, Florida Statutes, are renumbered as subsections (7)
6452	through (12), respectively, and present subsection (7) is
6453	amended to read:
6454	720.301  Definitions.-As used in this chapter, the term:
6455	(7)  "Division" means the Division of Florida Condominiums,
6456	Timeshares, and Mobile Homes in the Department of Business and
6457	Professional Regulation.
6458	Section 176.  Paragraphs (d) and (e) of subsection (10) of
6459	section 720.303, Florida Statutes, are amended to read:
6460	720.303  Association powers and duties; meetings of board;
6461	official records; budgets; financial reporting; association
6462	funds; recalls.-
6463	(10)  RECALL OF DIRECTORS.-
6464	(d)  If the board determines not to certify the written
6465	agreement or written ballots to recall a director or directors
6466	of the board or does not certify the recall by a vote at a
6467	meeting, the board shall, within 5 full business days after the
6468	meeting, file with the department a petition for binding
6469	arbitration pursuant to the applicable procedures in ss.
6470	718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
6471	the purposes of this section, the members who voted at the
6472	meeting or who executed the agreement in writing shall
6473	constitute one party under the petition for arbitration. If the
6474	arbitrator certifies the recall as to any director or directors
6475	of the board, the recall will be effective upon mailing of the
6476	final order of arbitration to the association. The director or
6477	directors so recalled shall deliver to the board any and all
6478	records of the association in their possession within 5 full
6479	business days after the effective date of the recall.
6480	(e)  If a vacancy occurs on the board as a result of a
6481	recall and less than a majority of the board directors are
6482	removed, the vacancy may be filled by the affirmative vote of a
6483	majority of the remaining directors, notwithstanding any
6484	provision to the contrary contained in this subsection or in the
6485	association documents. If vacancies occur on the board as a
6486	result of a recall and a majority or more of the board directors
6487	are removed, the vacancies shall be filled by members voting in
6488	favor of the recall; if removal is at a meeting, any vacancies
6489	shall be filled by the members at the meeting. If the recall
6490	occurred by agreement in writing or by written ballot, members
6491	may vote for replacement directors in the same instrument in
6492	accordance with procedural rules adopted by the division, which
6493	rules need not be consistent with this subsection.
6494	Section 177.  Subsection (9) of section 720.306, Florida
6495	Statutes, is amended to read:
6496	720.306  Meetings of members; voting and election
6497	procedures; amendments.-
6498	(9)  ELECTIONS AND BOARD VACANCIES.-Elections of directors
6499	must be conducted in accordance with the procedures set forth in
6500	the governing documents of the association. All members of the
6501	association are eligible to serve on the board of directors, and
6502	a member may nominate himself or herself as a candidate for the
6503	board at a meeting where the election is to be held or, if the
6504	election process allows voting by absentee ballot, in advance of
6505	the balloting. Except as otherwise provided in the governing
6506	documents, boards of directors must be elected by a plurality of
6507	the votes cast by eligible voters. Any election dispute between
6508	a member and an association must be submitted to mandatory
6509	binding arbitration with the division. Such proceedings must be
6510	conducted in the manner provided by s. 718.1255 and the
6511	procedural rules adopted by the division. Unless otherwise
6512	provided in the bylaws, any vacancy occurring on the board
6513	before the expiration of a term may be filled by an affirmative
6514	vote of the majority of the remaining directors, even if the
6515	remaining directors constitute less than a quorum, or by the
6516	sole remaining director. In the alternative, a board may hold an
6517	election to fill the vacancy, in which case the election
6518	procedures must conform to the requirements of the governing
6519	documents. Unless otherwise provided in the bylaws, a board
6520	member appointed or elected under this section is appointed for
6521	the unexpired term of the seat being filled. Filling vacancies
6522	created by recall is governed by s. 720.303(10) and rules
6523	adopted by the division.
6524	Section 178.  Subsection (1) and paragraph (c) of
6525	subsection (2) of section 720.311, Florida Statutes, are amended
6526	to read:
6527	720.311  Dispute resolution.-
6528	(1)  The Legislature finds that alternative dispute
6529	resolution has made progress in reducing court dockets and
6530	trials and in offering a more efficient, cost-effective option
6531	to litigation. The filing of any petition for arbitration or the
6532	serving of a demand for presuit mediation as provided for in
6533	this section shall toll the applicable statute of limitations.
6534	Any recall dispute filed with the department pursuant to s.
6535	720.303(10) shall be conducted by the department in accordance
6536	with the provisions of ss. 718.112(2)(j) and 718.1255 and the
6537	rules adopted by the division. In addition, the department shall
6538	conduct mandatory binding arbitration of election disputes
6539	between a member and an association pursuant to s. 718.1255 and
6540	rules adopted by the division. Neither election disputes nor
6541	recall disputes are eligible for presuit mediation; these
6542	disputes shall be arbitrated by the department. At the
6543	conclusion of the proceeding, the department shall charge the
6544	parties a fee in an amount adequate to cover all costs and
6545	expenses incurred by the department in conducting the
6546	proceeding. Initially, the petitioner shall remit a filing fee
6547	of at least $200 to the department. The fees paid to the
6548	department shall become a recoverable cost in the arbitration
6549	proceeding, and the prevailing party in an arbitration
6550	proceeding shall recover its reasonable costs and attorney's
6551	fees in an amount found reasonable by the arbitrator. The
6552	department shall adopt rules to effectuate the purposes of this
6553	section.
6554	(2)
6555	(c)  If presuit mediation as described in paragraph (a) is
6556	not successful in resolving all issues between the parties, the
6557	parties may file the unresolved dispute in a court of competent
6558	jurisdiction or elect to enter into binding or nonbinding
6559	arbitration pursuant to the procedures set forth in s. 718.1255
6560	and rules adopted by the division, with the arbitration
6561	proceeding to be conducted by a department arbitrator or by a
6562	private arbitrator certified by the department. If all parties
6563	do not agree to arbitration proceedings following an
6564	unsuccessful presuit mediation, any party may file the dispute
6565	in court. A final order resulting from nonbinding arbitration is
6566	final and enforceable in the courts if a complaint for trial de
6567	novo is not filed in a court of competent jurisdiction within 30
6568	days after entry of the order. As to any issue or dispute that
6569	is not resolved at presuit mediation, and as to any issue that
6570	is settled at presuit mediation but is thereafter subject to an
6571	action seeking enforcement of the mediation settlement, the
6572	prevailing party in any subsequent arbitration or litigation
6573	proceeding shall be entitled to seek recovery of all costs and
6574	attorney's fees incurred in the presuit mediation process.
6575	Section 179.  Subsections (1) and (2) of section 720.407,
6576	Florida Statutes, are amended to read:
6577	720.407  Recording; notice of recording; applicability and
6578	effective date.-
6579	(1)  No later than 30 days after receiving approval from
6580	the department, the organizing committee shall file the articles
6581	of incorporation of the association with the Division of
6582	Corporations of the Department of State if the articles have not
6583	been previously filed with the Division of Corporations.
6584	(2)  No later than 30 days after receiving approval from
6585	the department division, the president and secretary of the
6586	association shall execute the revived declaration and other
6587	governing documents approved by the department in the name of
6588	the association and have the documents recorded with the clerk
6589	of the circuit court in the county where the affected parcels
6590	are located.
6591	Section 180.  Subsections (1) through (3), subsection (8),
6592	and subsection (11) of section 721.03, Florida Statutes, are
6593	amended to read:
6594	721.03  Scope of chapter.-
6595	(1)  This chapter applies to all timeshare plans consisting
6596	of more than seven timeshare periods over a period of at least 3
6597	years in which the accommodations and facilities, if any, are
6598	located within this state or offered within this state; provided
6599	that:
6600	(a)  With respect to a timeshare plan containing
6601	accommodations or facilities located in this state which has
6602	previously been filed with and approved by the division and
6603	which is offered for sale in other jurisdictions within the
6604	jurisdictional limits of the United States, the offering or sale
6605	of the timeshare plan in such jurisdictions is shall not be
6606	subject to the provisions of this chapter.
6607	(b)  With respect to a timeshare plan containing
6608	accommodations or facilities located in this state which is
6609	offered for sale outside the jurisdictional limits of the United
6610	States, such offer or sale is shall be exempt from the
6611	requirements of this chapter, provided that the developer shall
6612	either file the timeshare plan with the division for approval
6613	pursuant to this chapter, or pay an exemption registration fee
6614	of $100 and file the following minimum information pertaining to
6615	the timeshare plan with the division for approval:
6616	1.  The name and address of the timeshare plan.
6617	2.  The name and address of the developer and seller, if
6618	any.
6619	3.  The location and a brief description of the
6620	accommodations and facilities, if any, that are located in this
6621	state.
6622	4.  The number of timeshare interests and timeshare periods
6623	to be offered.
6624	5.  The term of the timeshare plan.
6625	6.  A copy of the timeshare instrument relating to the
6626	management and operation of accommodations and facilities, if
6627	any, that are located in this state.
6628	7.  A copy of the budget required by s. 721.07(5)(t) or s.
6629	721.55(4)(h)5., as applicable.
6630	8.  A copy of the management agreement and any other
6631	contracts regarding management or operation of the
6632	accommodations and facilities, if any, that are located in this
6633	state, and which have terms in excess of 1 year.
6634	9.  A copy of the provision of the purchase contract to be
6635	utilized in offering the timeshare plan containing the following
6636	disclosure in conspicuous type immediately above the space
6637	provided for the purchaser's signature:
6638
6639	The offering of this timeshare plan outside the jurisdictional
6640	limits of the United States of America is exempt from regulation
6641	under Florida law, and any such purchase is not protected by the
6642	State of Florida. However, the management and operation of any
6643	accommodations or facilities located in Florida is subject to
6644	Florida law and may give rise to enforcement action regardless
6645	of the location of any offer.
6646
6647	(c)  All timeshare accommodations or facilities which are
6648	located outside the state but offered for sale in this state
6649	shall be governed by the following:
6650	1.  The offering for sale in this state of timeshare
6651	accommodations and facilities located outside the state is
6652	subject only to the provisions of ss. 721.01-721.12, 721.18,
6653	721.20, 721.21, 721.26, 721.28, and part II.
6654	2.  The division shall not require a developer of timeshare
6655	accommodations or facilities located outside of this state to
6656	make changes in any timeshare instrument to conform to the
6657	provisions of s. 721.07 or s. 721.55. The division shall have
6658	the power to require disclosure of those provisions of the
6659	timeshare instrument that do not conform to s. 721.07 or s.
6660	721.55 as the director determines is necessary to fairly,
6661	meaningfully, and effectively disclose all aspects of the
6662	timeshare plan.
6663	3.  Except as provided in this subparagraph, the division
6664	shall have no authority to determine whether any person has
6665	complied with another state's laws or to disapprove any filing
6666	out-of-state, timeshare instrument, or component site document,
6667	based solely upon the lack or degree of timeshare regulation in
6668	another state. The division may require a developer to obtain
6669	and provide to the division existing documentation relating to
6670	an out-of-state filing, timeshare instrument, or component site
6671	document and prove compliance of same with the laws of that
6672	state. In this regard, the division may accept any evidence of
6673	the approval or acceptance of any out-of-state filing, timeshare
6674	instrument, or component site document by another state in lieu
6675	of requiring a developer to file the out-of-state filing,
6676	timeshare instrument, or component site document with the
6677	division pursuant to this section, or the division may accept an
6678	opinion letter from an attorney or law firm opining as to the
6679	compliance of such out-of-state filing, timeshare instrument, or
6680	component site document with the laws of another state. The
6681	division may refuse to approve the inclusion of any out-of-state
6682	filing, timeshare instrument, or component site document as part
6683	of a public offering statement based upon the inability of the
6684	developer to establish the compliance of same with the laws of
6685	another state.
6686	4.  The division is authorized to enter into an agreement
6687	with another state for the purpose of facilitating the
6688	processing of out-of-state timeshare instruments or other
6689	component site documents pursuant to this chapter and for the
6690	purpose of facilitating the referral of consumer complaints to
6691	the appropriate state.
6692	2.5.  Notwithstanding any other provision of this
6693	paragraph, the offer, in this state, of an additional interest
6694	to existing purchasers in the same timeshare plan, the same
6695	nonspecific multisite timeshare plan, or the same component site
6696	of a multisite timeshare plan with accommodations and facilities
6697	located outside of this state shall not be subject to the
6698	provisions of this chapter if the offer complies with the
6699	provisions of s. 721.11(4).
6700	(2)  When a timeshare plan is subject to both the
6701	provisions of this chapter and the provisions of chapter 718 or
6702	chapter 719, the plan shall meet the requirements of both
6703	chapters unless exempted as provided in this section. The
6704	division shall have the authority to adopt rules differentiating
6705	between timeshare condominiums and nontimeshare condominiums,
6706	and between timeshare cooperatives and nontimeshare
6707	cooperatives, in the interpretation and implementation of
6708	chapters 718 and 719, respectively. In the event of a conflict
6709	between the provisions of this chapter and the provisions of
6710	chapter 718 or chapter 719, the provisions of this chapter shall
6711	prevail.
6712	(3)  A timeshare plan which is subject to the provisions of
6713	chapter 718 or chapter 719, if fully in compliance with the
6714	provisions of this chapter, is exempt from the following:
6715	(a)  Sections 718.202 and 719.202, relating to sales or
6716	reservation deposits prior to closing.
6717	(b)  Sections 718.502 and 719.502, relating to filing prior
6718	to sale or lease.
6719	(b)(c)  Sections 718.503 and 719.503, relating to
6720	disclosure prior to sale.
6721	(c)(d)  Sections 718.504 and 719.504, relating to
6722	prospectus or offering circular.
6723	(d)(e)  Part VI of chapter 718 and part VI of chapter 719,
6724	relating to conversion of existing improvements to the
6725	condominium or cooperative form of ownership, respectively,
6726	provided that a developer converting existing improvements to a
6727	timeshare condominium or timeshare cooperative must comply with
6728	ss. 718.606, 718.608, 718.61, and 718.62, or ss. 719.606,
6729	719.608, 719.61, and 719.62, if applicable, and, if the existing
6730	improvements received a certificate of occupancy more than 18
6731	months before such conversion, one of the following:
6732	1.  The accommodations and facilities shall be renovated
6733	and improved to a condition such that the remaining useful life
6734	in years of the roof, plumbing, air-conditioning, and any
6735	component of the structure which has a useful life less than the
6736	useful life of the overall structure is equal to the useful life
6737	of accommodations or facilities that would exist if such
6738	accommodations and facilities were newly constructed and not
6739	previously occupied.
6740	2.  The developer shall fund reserve accounts for capital
6741	expenditures and deferred maintenance for the roof, plumbing,
6742	air-conditioning, and any component of the structure the useful
6743	life of which is less than the useful life of the overall
6744	structure. The reserve accounts shall be funded for each
6745	component in an amount equal to the product of the estimated
6746	current replacement cost of such component as of the date of
6747	such conversion (as disclosed and substantiated by a certificate
6748	under the seal of an architect or engineer authorized to
6749	practice in this state) multiplied by a fraction, the numerator
6750	of which shall be the age of the component in years (as
6751	disclosed and substantiated by a certificate under the seal of
6752	an architect or engineer authorized to practice in this state)
6753	and the denominator of which shall be the total useful life of
6754	the component in years (as disclosed and substantiated by a
6755	certificate under the seal of an architect or engineer
6756	authorized to practice in this state). Alternatively, the
6757	reserve accounts may be funded for each component in an amount
6758	equal to the amount that, except for the application of this
6759	subsection, would be required to be maintained pursuant to s.
6760	718.618(1) or s. 719.618(1). The developer shall fund the
6761	reserve accounts contemplated in this subparagraph out of the
6762	proceeds of each sale of a timeshare interest, on a pro rata
6763	basis, in an amount not less than a percentage of the total
6764	amount to be deposited in the reserve account equal to the
6765	percentage of ownership allocable to the timeshare interest
6766	sold. When an owners' association makes an expenditure of
6767	reserve account funds before the developer has initially sold
6768	all timeshare interests, the developer shall make a deposit in
6769	the reserve account if the reserve account is insufficient to
6770	pay the expenditure. Such deposit shall be at least equal to
6771	that portion of the expenditure which would be charged against
6772	the reserve account deposit that would have been made for any
6773	such timeshare interest had the timeshare interest been
6774	initially sold. When a developer deposits amounts in excess of
6775	the minimum reserve account funding, later deposits may be
6776	reduced to the extent of the excess funding.
6777	3.  The developer shall provide each purchaser with a
6778	warranty of fitness and merchantability pursuant to s.
6779	718.618(6) or s. 719.618(6).
6780	(8)  With respect to any personal property timeshare plan,:
6781	(a)  this chapter applies only to personal property
6782	timeshare plans that are offered in this state.
6783	(b)  The division shall have the authority to adopt rules
6784	interpreting and implementing the provisions of this chapter as
6785	they apply to any personal property timeshare plan or any
6786	accommodation or facility that is part of a personal property
6787	timeshare plan offered in this state, or as the provisions of
6788	this chapter apply to any other laws of this state, of the
6789	several states, of the United States, or of any other
6790	jurisdiction, with respect to any personal property timeshare
6791	plan or any accommodation or facility that is part of a personal
6792	property timeshare plan offered in this state.
6793	(c)  Any developer and any managing entity of a personal
6794	property timeshare plan must submit to personal jurisdiction in
6795	this state in a form satisfactory to the division at the time of
6796	filing a public offering statement.
6797	(11)(a)  A seller may offer timeshare interests in a real
6798	property timeshare plan located outside of this state without
6799	filing a public offering statement for such out-of-state real
6800	property timeshare plan pursuant to s. 721.07 or s. 721.55,
6801	provided all of the following criteria have been satisfied:
6802	1.  The seller shall provide a disclosure statement to each
6803	prospective purchaser of such out-of-state timeshare plan. The
6804	disclosure statement for a single-site timeshare plan shall
6805	contain information otherwise required under s. 721.07(5)(e)-
6806	(cc) and the exhibits required by s. 721.07(5)(ff)1., 2., 3.,
6807	4., 5., 7., 8., and 20. The disclosure statement for a multisite
6808	timeshare plan shall contain information otherwise required
6809	under s. 721.55(4) and (5) and the exhibits required under s.
6810	721.55(6)(7). If a developer has, in good faith, attempted to
6811	comply with the requirements of this subsection and if the
6812	developer has substantially complied with the disclosure
6813	requirements of this subsection, nonmaterial errors or omissions
6814	shall not be actionable. With respect to any offer for an out-
6815	of-state timeshare plan made pursuant to this subsection, the
6816	delivery by the seller to a prospective purchaser of the
6817	disclosure statement required by this subparagraph shall be
6818	deemed to satisfy any requirement of this chapter regarding a
6819	public offering statement.
6820	2.  The seller shall utilize and furnish to each purchaser
6821	of an out-of-state timeshare plan offered under this subsection
6822	a fully completed and executed copy of a purchase contract that
6823	contains the statement set forth in s. 721.065(2)(c) in
6824	conspicuous type located immediately prior to the space in the
6825	contract reserved for the purchaser's signature. The purchase
6826	contract shall also contain the initial purchase price and any
6827	additional charges to which the purchaser may be subject in
6828	connection with the purchase of the timeshare plan, such as
6829	financing, or that will be collected from the purchaser on or
6830	before closing, such as the current year's annual assessment for
6831	common expenses.
6832	3.  All purchase contracts for out-of-state timeshare plans
6833	offered under this subsection must also contain the following
6834	statements in conspicuous type:
6835	This timeshare plan has not been reviewed or approved by the
6836	State of Florida.
6837	The timeshare interest you are purchasing requires certain
6838	procedures to be followed in order for you to use your interest.
6839	These procedures may be different from those followed in other
6840	timeshare plans. You should read and understand these procedures
6841	prior to purchasing.
6842	4.a.  An out-of-state timeshare plan may only be offered
6843	pursuant to this subsection by the seller on behalf of:
6844	(I)  The developer of a timeshare plan that has been
6845	approved by the division within the preceding 7 years pursuant
6846	to s. 721.07 or s. 721.55, or concerning which an amendment by
6847	the developer has been approved by the division within the
6848	preceding 7 years, which timeshare plan has been neither
6849	terminated nor withdrawn; or
6850	(II)  A developer under common ownership or control with a
6851	developer described in sub-sub-subparagraph (I), provided that
6852	any common ownership shall constitute at least a 50-percent
6853	ownership interest.
6854	b.  An out-of-state timeshare plan may only be offered
6855	pursuant to this subsection to a person who already owns a
6856	timeshare interest in a timeshare plan filed by a developer
6857	described in sub-subparagraph a.
6858	5.  Any seller of an out-of-state timeshare plan offered
6859	pursuant to this subsection shall be required to provide notice
6860	of such plan to the division on a form prescribed by the
6861	division, along with payment of a one-time fee not to exceed
6862	$1,000 per filing.
6863	(b)  Timeshare plans offered pursuant to this subsection
6864	shall be exempt from the requirements of ss. 721.06, 721.065,
6865	721.07, 721.27, and 721.55, and 721.58 in addition to the
6866	exemptions otherwise applicable to accommodations and facilities
6867	located outside of the state pursuant to subparagraph (1)(c)1.
6868	(c)  Any escrow account required to be established by s.
6869	721.08 for any out-of-state timeshare plan offered under this
6870	subsection may be maintained in the situs jurisdiction provided
6871	the escrow agent submits to personal jurisdiction in this state
6872	in a form satisfactory to the division.
6873	Section 181.  Subsections (12) through (17) of section
6874	721.05, Florida Statutes, are renumbered as subsections (11)
6875	through (16), respectively, subsections (19) through (44) of
6876	that section are renumbered as subsections (17) through (42),
6877	respectively, and present subsection (8), paragraph (e) of
6878	subsection (10), and subsections (11), (18), (19), (29), and
6879	(31) of that section are amended to read:
6880	721.05  Definitions.-As used in this chapter, the term:
6881	(8)  "Conspicuous type" means:
6882	(a)  Type in upper and lower case letters two point sizes
6883	larger than the largest nonconspicuous type, exclusive of
6884	headings, on the page on which it appears but in at least 10-
6885	point type; or
6886	(b)  Where the use of 10-point type would be impractical or
6887	impossible with respect to a particular piece of written
6888	advertising material, a different style of type or print may be
6889	used, so long as the print remains conspicuous under the
6890	circumstances.
6891
6892	Where conspicuous type is required, it must be separated on all
6893	sides from other type and print. Conspicuous type may be
6894	utilized in contracts for purchase or public offering statements
6895	only where required by law or as authorized by the division.
6896	(10)  "Developer" includes:
6897	(e)  A successor or concurrent developer shall be exempt
6898	from any liability inuring to a predecessor or concurrent
6899	developer of the same timeshare plan, except as provided in s.
6900	721.15(7), provided that this exemption shall not apply to any
6901	of the successor or concurrent developer's responsibilities,
6902	duties, or liabilities with respect to the timeshare plan that
6903	accrue after the date the successor or concurrent developer
6904	became a successor or concurrent developer, and provided that
6905	such transfer does not constitute a fraudulent transfer. In
6906	addition to other provisions of law, a transfer by a predecessor
6907	developer to a successor or concurrent developer shall be deemed
6908	fraudulent if the predecessor developer made the transfer:
6909	1.  With actual intent to hinder, delay, or defraud any
6910	purchaser or the division; or
6911	2.  To a person that would constitute an insider under s.
6912	726.102(7).
6913
6914	The provisions of This paragraph does shall not be construed to
6915	relieve any successor or concurrent developer from the
6916	obligation to comply with the provisions of any applicable
6917	timeshare instrument.
6918	(11)  "Division" means the Division of Florida
6919	Condominiums, Timeshares, and Mobile Homes of the Department of
6920	Business and Professional Regulation.
6921	(18)  "Filed public offering statement" means a public
6922	offering statement that has been filed with the division
6923	pursuant to s. 721.07(5) or s. 721.55.
6924	(17)(19)  "Incidental benefit" means an accommodation,
6925	product, service, discount, or other benefit which is offered to
6926	a prospective purchaser of a timeshare plan or to a purchaser of
6927	a timeshare plan prior to the expiration of his or her initial
6928	10-day voidability period pursuant to s. 721.10; which is not an
6929	exchange program as defined in subsection (15)(16); and which
6930	complies with the provisions of s. 721.075. The term shall not
6931	include an offer of the use of the accommodations and facilities
6932	of the timeshare plan on a free or discounted one-time basis.
6933	(27)(29)  "Public offering statement" means the written
6934	materials describing a single-site timeshare plan or a multisite
6935	timeshare plan, including a text and any exhibits attached
6936	thereto as required by ss. 721.07, 721.55, and 721.551. The term
6937	"public offering statement" shall refer to both a filed public
6938	offering statement and a purchaser public offering statement.
6939	(29)(31)  "Purchaser public offering statement" means that
6940	portion of the filed public offering statement which must be
6941	delivered to purchasers pursuant to s. 721.07(6) or s. 721.551.
6942	Section 182.  Paragraphs (g) and (l) of subsection (1) and
6943	subsection (2) of section 721.06, Florida Statutes, are amended
6944	to read:
6945	721.06  Contracts for purchase of timeshare interests.-
6946	(1)  Each seller shall utilize and furnish each purchaser a
6947	fully completed and executed copy of a contract pertaining to
6948	the sale, which contract shall include the following
6949	information:
6950	(g)  Immediately prior to the space reserved in the
6951	contract for the signature of the purchaser, in conspicuous
6952	type, substantially the following statements:
6953	1.  If the purchaser will receive a personal property
6954	timeshare interest: This personal property timeshare plan is
6955	governed only by limited sections of the timeshare management
6956	provisions of Florida law.
6957	2.  If the accommodations or facilities are located on or
6958	in a documented vessel or foreign vessel as provided in s.
6959	721.08(2)(c)3.e., the disclosure required by s.
6960	721.08(2)(c)3.e.(IV).
6961	3.  You may cancel this contract without any penalty or
6962	obligation within 10 calendar days after the date you sign this
6963	contract or the date on which you receive the last of all
6964	documents required to be given to you pursuant to section
6965	721.07(6), Florida Statutes, whichever is later. If you decide
6966	to cancel this contract, you must notify the seller in writing
6967	of your intent to cancel. Your notice of cancellation shall be
6968	effective upon the date sent and shall be sent to ...(Name of
6969	Seller)... at ...(Address of Seller).... Any attempt to obtain a
6970	waiver of your cancellation right is void and of no effect.
6971	While you may execute all closing documents in advance, the
6972	closing, as evidenced by delivery of the deed or other document,
6973	before expiration of your 10-day cancellation period, is
6974	prohibited.
6975	(l)  If the purchaser will receive an interest in a
6976	multisite timeshare plan pursuant to part II, a statement shall
6977	be provided in conspicuous type in substantially the following
6978	form:
6979
6980	The developer is required to provide the managing entity of
6981	the multisite timeshare plan with a copy of the approved public
6982	offering statement text and exhibits filed with the division and
6983	any approved amendments thereto, and any other component site
6984	documents as described in section 721.07 or section 721.55,
6985	Florida Statutes, that are not required to be filed with the
6986	division, to be maintained by the managing entity for inspection
6987	as part of the books and records of the plan.
6988
6989	(2)(a)  An agreement for deed shall be recorded by the
6990	developer within 30 days after the day it is executed by the
6991	purchaser. The developer shall pay all recording costs
6992	associated therewith. A form copy of such instrument must be
6993	filed with the division for review pursuant to s. 721.07.
6994	(b)  An agreement for transfer shall be filed with the
6995	appropriate official responsible for maintaining such records in
6996	the appropriate jurisdiction within 30 days after the day it is
6997	executed by the purchaser. The developer shall pay all filing
6998	costs associated therewith. A form copy of such instrument must
6999	be filed with the division for review pursuant to s. 721.07.
7000	Section 183.  Sections 721.07, 721.071, and 721.075,
7001	Florida Statutes, are repealed.
7002	Section 184.  Subsections (6) through (10) of section
7003	721.08, Florida Statutes, are renumbered as subsections (4)
7004	through (8), respectively, and present subsections (1), (2),
7005	(4), (5), and (8) of that section are amended, to read:
7006	721.08  Escrow accounts; nondisturbance instruments;
7007	alternate security arrangements; transfer of legal title.-
7008	(1)  Prior to the filing of a public offering statement
7009	with the division, All developers shall establish an escrow
7010	account with an escrow agent for the purpose of protecting the
7011	funds or other property of purchasers required to be escrowed by
7012	this section. An escrow agent shall maintain the accounts called
7013	for in this section only in such a manner as to be under the
7014	direct supervision and control of the escrow agent. The escrow
7015	agent shall have a fiduciary duty to each purchaser to maintain
7016	the escrow accounts in accordance with good accounting practices
7017	and to release the purchaser's funds or other property from
7018	escrow only in accordance with this chapter. The escrow agent
7019	shall retain all affidavits received pursuant to this section
7020	for a period of 5 years. If Should the escrow agent receives
7021	receive conflicting demands for funds or other property held in
7022	escrow, the escrow agent shall immediately notify the division
7023	of the dispute and either promptly submit the matter to
7024	arbitration or, by interpleader or otherwise, seek an
7025	adjudication of the matter by court.
7026	(2)  One hundred percent of all funds or other property
7027	which is received from or on behalf of purchasers of the
7028	timeshare plan or timeshare interest before prior to the
7029	occurrence of events required in this subsection shall be
7030	deposited pursuant to an escrow agreement approved by the
7031	division. The funds or other property may be released from
7032	escrow only as follows:
7033	(a)  Cancellation.-In the event a purchaser gives a valid
7034	notice of cancellation pursuant to s. 721.10 or is otherwise
7035	entitled to cancel the sale, the funds or other property
7036	received from or on behalf of the purchaser, or the proceeds
7037	thereof, shall be returned to the purchaser. Such refund shall
7038	be made within 20 days after demand therefor by the purchaser or
7039	within 5 days after receipt of funds from the purchaser's
7040	cleared check, whichever is later. If the purchaser has received
7041	benefits under the contract prior to the effective date of the
7042	cancellation, the funds or other property to be returned to the
7043	purchaser may be reduced by the proportion of contract benefits
7044	actually received.
7045	(b)  Purchaser's default.-Following expiration of the 10-
7046	day cancellation period, if the purchaser defaults in the
7047	performance of her or his obligations under the terms of the
7048	contract to purchase or such other agreement by which a seller
7049	sells the timeshare interest, the developer shall provide an
7050	affidavit to the escrow agent requesting release of the escrowed
7051	funds or other property and shall provide a copy of such
7052	affidavit to the purchaser who has defaulted. The developer's
7053	affidavit, as required herein, shall include:
7054	1.  A statement that the purchaser has defaulted and that
7055	the developer has not defaulted;
7056	2.  A brief explanation of the nature of the default and
7057	the date of its occurrence;
7058	3.  A statement that pursuant to the terms of the contract
7059	the developer is entitled to the funds held by the escrow agent;
7060	and
7061	4.  A statement that the developer has not received from
7062	the purchaser any written notice of a dispute between the
7063	purchaser and developer or a claim by the purchaser to the
7064	escrow.
7065	(c)  Compliance with conditions.-
7066	1.  Timeshare licenses.-If the timeshare plan is one in
7067	which timeshare licenses are to be sold and no cancellation or
7068	default has occurred, the escrow agent may release the escrowed
7069	funds or other property to or on the order of the developer upon
7070	presentation of:
7071	a.  An affidavit by the developer that all of the following
7072	conditions have been met:
7073	(I)  Expiration of the cancellation period.
7074	(II)  Completion of construction.
7075	(III)  Closing.
7076	(IV)  Either:
7077	(A)  Execution, delivery, and recordation by each
7078	interestholder of the nondisturbance and notice to creditors
7079	instrument, as described in this section; or
7080	(B)  Transfer by the developer of legal title to the
7081	subject accommodations and facilities, or all use rights
7082	therein, into a trust satisfying the requirements of
7083	subparagraph 4. and the execution, delivery, and recordation by
7084	each other interestholder of the nondisturbance and notice to
7085	creditors instrument, as described in this section.
7086	b.  A certified copy of each recorded nondisturbance and
7087	notice to creditors instrument.
7088	c.  One of the following:
7089	(I)  A copy of a memorandum of agreement, as defined in s.
7090	721.05, together with satisfactory evidence that the original
7091	memorandum of agreement has been irretrievably delivered for
7092	recording to the appropriate official responsible for
7093	maintaining the public records in the county in which the
7094	subject accommodations and facilities are located. The original
7095	memorandum of agreement must be recorded within 180 days after
7096	the date on which the purchaser executed her or his purchase
7097	agreement.
7098	(II)  A notice delivered for recording to the appropriate
7099	official responsible for maintaining the public records in each
7100	county in which the subject accommodations and facilities are
7101	located notifying all persons of the identity of an independent
7102	escrow agent or trustee satisfying the requirements of
7103	subparagraph 4. that shall maintain separate books and records,
7104	in accordance with good accounting practices, for the timeshare
7105	plan in which timeshare licenses are to be sold. The books and
7106	records shall indicate each accommodation and facility that is
7107	subject to such a timeshare plan and each purchaser of a
7108	timeshare license in the timeshare plan.
7109	2.  Timeshare estates.-If the timeshare plan is one in
7110	which timeshare estates are to be sold and no cancellation or
7111	default has occurred, the escrow agent may release the escrowed
7112	funds or other property to or on the order of the developer upon
7113	presentation of:
7114	a.  An affidavit by the developer that all of the following
7115	conditions have been met:
7116	(I)  Expiration of the cancellation period.
7117	(II)  Completion of construction.
7118	(III)  Closing.
7119	b.  If the timeshare estate is sold by agreement for deed,
7120	a certified copy of the recorded nondisturbance and notice to
7121	creditors instrument, as described in this section.
7122	c.  Evidence that each accommodation and facility:
7123	(I)  Is free and clear of the claims of any
7124	interestholders, other than the claims of interestholders that,
7125	through a recorded instrument, are irrevocably made subject to
7126	the timeshare instrument and the use rights of purchasers made
7127	available through the timeshare instrument;
7128	(II)  Is the subject of a recorded nondisturbance and
7129	notice to creditors instrument that complies with subsection (3)
7130	and s. 721.17; or
7131	(III)  Has been transferred into a trust satisfying the
7132	requirements of subparagraph 4.
7133	d.  Evidence that the timeshare estate:
7134	(I)  Is free and clear of the claims of any
7135	interestholders, other than the claims of interestholders that,
7136	through a recorded instrument, are irrevocably made subject to
7137	the timeshare instrument and the use rights of purchasers made
7138	available through the timeshare instrument; or
7139	(II)  Is the subject of a recorded nondisturbance and
7140	notice to creditors instrument that complies with subsection (3)
7141	and s. 721.17.
7142	3.  Personal property timeshare interests.-If the timeshare
7143	plan is one in which personal property timeshare interests are
7144	to be sold and no cancellation or default has occurred, the
7145	escrow agent may release the escrowed funds or other property to
7146	or on the order of the developer upon presentation of:
7147	a.  An affidavit by the developer that all of the following
7148	conditions have been met:
7149	(I)  Expiration of the cancellation period.
7150	(II)  Completion of construction.
7151	(III)  Closing.
7152	b.  If the personal property timeshare interest is sold by
7153	agreement for transfer, evidence that the agreement for transfer
7154	complies fully with s. 721.06 and this section.
7155	c.  Evidence that one of the following has occurred:
7156	(I)  Transfer by the owner of the underlying personal
7157	property of legal title to the subject accommodations and
7158	facilities or all use rights therein into a trust satisfying the
7159	requirements of subparagraph 4.; or
7160	(II)  Transfer by the owner of the underlying personal
7161	property of legal title to the subject accommodations and
7162	facilities or all use rights therein into an owners' association
7163	satisfying the requirements of subparagraph 5.
7164	d.  Evidence of compliance with the provisions of
7165	subparagraph 6., if required.
7166	e.  If a personal property timeshare plan is created with
7167	respect to accommodations and facilities that are located on or
7168	in an oceangoing vessel, including a "documented vessel" or a
7169	"foreign vessel," as defined and governed by 46 U.S.C., chapter
7170	301:
7171	(I)  In making the transfer required in sub-subparagraph
7172	c., the developer shall use as its transfer instrument a
7173	document that establishes and protects the continuance of the
7174	use rights in the subject accommodations and facilities in a
7175	manner that is enforceable by the trust or owners' association.
7176	(II)  The transfer instrument shall comply fully with the
7177	provisions of this chapter, shall be part of the timeshare
7178	instrument, and shall contain specific provisions that:
7179	(A)  Prohibit the vessel owner, the developer, any manager
7180	or operator of the vessel, the owners' association or the
7181	trustee, the managing entity, or any other person from incurring
7182	any liens against the vessel except for liens that are required
7183	for the operation and upkeep of the vessel, including liens for
7184	fuel expenditures, repairs, crews' wages, and salvage, and
7185	except as provided in sub-sub-subparagraphs 4.b.(III) and
7186	5.b.(III). All expenses, fees, and taxes properly incurred in
7187	connection with the creation, satisfaction, and discharge of any
7188	such permitted lien, or a prorated portion thereof if less than
7189	all of the accommodations on the vessel are subject to the
7190	timeshare plan, shall be common expenses of the timeshare plan.
7191	(B)  Grant a lien against the vessel in favor of the
7192	owners' association or trustee to secure the full and faithful
7193	performance of the vessel owner and developer of all of their
7194	obligations to the purchasers.
7195	(C)  Establish governing law in a jurisdiction that
7196	recognizes and will enforce the timeshare instrument and the
7197	laws of the jurisdiction of registry of the vessel.
7198	(D)  Require that a description of the use rights of
7199	purchasers be posted and displayed on the vessel in a manner
7200	that will give notice of such rights to any party examining the
7201	vessel. This notice must identify the owners' association or
7202	trustee and include a statement disclosing the limitation on
7203	incurring liens against the vessel described in sub-sub-sub-
7204	subparagraph (A).
7205	(E)  Include the nondisturbance and notice to creditors
7206	instrument for the vessel owner and any other interestholders.
7207	(F)  The owners' association created under subparagraph 5.
7208	or trustee created under subparagraph 4. shall have access to
7209	any certificates of classification in accordance with the
7210	timeshare instrument.
7211	(III)  If the vessel is a foreign vessel, the vessel must
7212	be registered in a jurisdiction that permits a filing evidencing
7213	the use rights of purchasers in the subject accommodations and
7214	facilities, offers protection for such use rights against
7215	unfiled and inferior claims, and recognizes the document or
7216	instrument creating such use rights as a lien against the
7217	vessel.
7218	(IV)  In addition to the disclosures required by s.
7219	721.07(5), The public offering statement and purchase contract
7220	must contain a disclosure in conspicuous type in substantially
7221	the following form:
7222	The laws of the State of Florida govern the offering of this
7223	timeshare plan in this state. There are inherent risks in
7224	purchasing a timeshare interest in this timeshare plan because
7225	the accommodations and facilities of the timeshare plan are
7226	located on a vessel that will sail into international waters and
7227	into waters governed by many different jurisdictions. Therefore,
7228	the laws of the State of Florida cannot fully protect your
7229	purchase of an interest in this timeshare plan. Specifically,
7230	management and operational issues may need to be addressed in
7231	the jurisdiction in which the vessel is registered, which is
7232	(insert jurisdiction in which vessel is registered). Concerns of
7233	purchasers may be sent to (insert name of applicable regulatory
7234	agency and address).
7235	4.  Trust.-
7236	a.  If the subject accommodations or facilities, or all use
7237	rights therein, are to be transferred into a trust in order to
7238	comply with this paragraph, such transfer shall take place
7239	pursuant to this subparagraph.
7240	b.  Prior to the transfer by each interestholder of the
7241	subject accommodations and facilities, or all use rights
7242	therein, to a trust, any lien or other encumbrance against such
7243	accommodations and facilities, or use rights therein, shall be
7244	made subject to a nondisturbance and notice to creditors
7245	instrument pursuant to subsection (3). No transfer pursuant to
7246	this subparagraph shall become effective until the trustee
7247	accepts such transfer and the responsibilities set forth herein.
7248	A trust established pursuant to this subparagraph shall comply
7249	with the following provisions:
7250	(I)  The trustee shall be an individual or a business
7251	entity authorized and qualified to conduct trust business in
7252	this state. Any corporation authorized to do business in this
7253	state may act as trustee in connection with a timeshare plan
7254	pursuant to this chapter. The trustee must be independent from
7255	any developer or managing entity of the timeshare plan or any
7256	interestholder of any accommodation or facility of such plan.
7257	(II)  The trust shall be irrevocable so long as any
7258	purchaser has a right to occupy any portion of the timeshare
7259	property pursuant to the timeshare plan.
7260	(III)  The trustee shall not convey, hypothecate, mortgage,
7261	assign, lease, or otherwise transfer or encumber in any fashion
7262	any interest in or portion of the timeshare property with
7263	respect to which any purchaser has a right of use or occupancy
7264	unless the timeshare plan is terminated pursuant to the
7265	timeshare instrument, or such conveyance, hypothecation,
7266	mortgage, assignment, lease, transfer, or encumbrance is
7267	approved by a vote of two-thirds of all voting interests of the
7268	timeshare plan and such decision is declared by a court of
7269	competent jurisdiction to be in the best interests of the
7270	purchasers of the timeshare plan. The trustee shall notify the
7271	division in writing within 10 days after receiving notice of the
7272	filing of any petition relating to obtaining such a court order.
7273	The division shall have standing to advise the court of the
7274	division's interpretation of the statute as it relates to the
7275	petition.
7276	(IV)  All purchasers of the timeshare plan or the owners'
7277	association of the timeshare plan shall be the express
7278	beneficiaries of the trust. The trustee shall act as a fiduciary
7279	to the beneficiaries of the trust. The personal liability of the
7280	trustee shall be governed by ss. 736.08125, 736.08163, 736.1013,
7281	and 736.1015. The agreement establishing the trust shall set
7282	forth the duties of the trustee. The trustee shall be required
7283	to furnish promptly to the division upon request a copy of the
7284	complete list of the names and addresses of the owners in the
7285	timeshare plan and a copy of any other books and records of the
7286	timeshare plan required to be maintained pursuant to s. 721.13
7287	that are in the possession, custody, or control of the trustee.
7288	All expenses reasonably incurred by the trustee in the
7289	performance of its duties, together with any reasonable
7290	compensation of the trustee, shall be common expenses of the
7291	timeshare plan.
7292	(V)  The trustee shall not resign upon less than 90 days'
7293	prior written notice to the managing entity and the division. No
7294	resignation shall become effective until a substitute trustee,
7295	approved by the division, is appointed by the managing entity
7296	and accepts the appointment.
7297	(VI)  The documents establishing the trust arrangement
7298	shall constitute a part of the timeshare instrument.
7299	(VII)  For trusts holding property in a timeshare plan
7300	located outside this state, the trust and trustee holding such
7301	property shall be deemed in compliance with the requirements of
7302	this subparagraph if such trust and trustee are authorized and
7303	qualified to conduct trust business under the laws of such
7304	jurisdiction and the agreement or law governing such trust
7305	arrangement provides substantially similar protections for the
7306	purchaser as are required in this subparagraph for trusts
7307	holding property in a timeshare plan in this state.
7308	(VIII)  The trustee shall have appointed a registered agent
7309	in this state for service of process. In the event such a
7310	registered agent is not appointed, service of process may be
7311	served pursuant to s. 721.265.
7312	5.  Owners' association.-
7313	a.  If the subject accommodations or facilities, or all use
7314	rights therein, are to be transferred into an owners'
7315	association in order to comply with this paragraph, such
7316	transfer shall take place pursuant to this subparagraph.
7317	b.  Prior to the transfer by each interestholder of the
7318	subject accommodations and facilities, or all use rights
7319	therein, to an owners' association, any lien or other
7320	encumbrance against such accommodations and facilities, or use
7321	rights therein, shall be made subject to a nondisturbance and
7322	notice to creditors instrument pursuant to subsection (3). No
7323	transfer pursuant to this subparagraph shall become effective
7324	until the owners' association accepts such transfer and the
7325	responsibilities set forth herein. An owners' association
7326	established pursuant to this subparagraph shall comply with the
7327	following provisions:
7328	(I)  The owners' association shall be a business entity
7329	authorized and qualified to conduct business in this state.
7330	Control of the board of directors of the owners' association
7331	must be independent from any developer or managing entity of the
7332	timeshare plan or any interestholder.
7333	(II)  The bylaws of the owners' association shall provide
7334	that the corporation may not be voluntarily dissolved without
7335	the unanimous vote of all owners of personal property timeshare
7336	interests so long as any purchaser has a right to occupy any
7337	portion of the timeshare property pursuant to the timeshare
7338	plan.
7339	(III)  The owners' association shall not convey,
7340	hypothecate, mortgage, assign, lease, or otherwise transfer or
7341	encumber in any fashion any interest in or portion of the
7342	timeshare property with respect to which any purchaser has a
7343	right of use or occupancy, unless the timeshare plan is
7344	terminated pursuant to the timeshare instrument, or unless such
7345	conveyance, hypothecation, mortgage, assignment, lease,
7346	transfer, or encumbrance is approved by a vote of two-thirds of
7347	all voting interests of the association and such decision is
7348	declared by a court of competent jurisdiction to be in the best
7349	interests of the purchasers of the timeshare plan. The owners'
7350	association shall notify the division in writing within 10 days
7351	after receiving notice of the filing of any petition relating to
7352	obtaining such a court order. The division shall have standing
7353	to advise the court of the division's interpretation of the
7354	statute as it relates to the petition.
7355	(IV)  All purchasers of the timeshare plan shall be members
7356	of the owners' association and shall be entitled to vote on
7357	matters requiring a vote of the owners' association as provided
7358	in this chapter or the timeshare instrument. The owners'
7359	association shall act as a fiduciary to the purchasers of the
7360	timeshare plan. The articles of incorporation establishing the
7361	owners' association shall set forth the duties of the owners'
7362	association. All expenses reasonably incurred by the owners'
7363	association in the performance of its duties, together with any
7364	reasonable compensation of the officers or directors of the
7365	owners' association, shall be common expenses of the timeshare
7366	plan.
7367	(V)  The documents establishing the owners' association
7368	shall constitute a part of the timeshare instrument.
7369	(VI)  For owners' associations holding property in a
7370	timeshare plan located outside this state, the owners'
7371	association holding such property shall be deemed in compliance
7372	with the requirements of this subparagraph if such owners'
7373	association is authorized and qualified to conduct owners'
7374	association business under the laws of such jurisdiction and the
7375	agreement or law governing such arrangement provides
7376	substantially similar protections for the purchaser as are
7377	required in this subparagraph for owners' associations holding
7378	property in a timeshare plan in this state.
7379	(VII)  The owners' association shall have appointed a
7380	registered agent in this state for service of process. In the
7381	event such a registered agent cannot be located, service of
7382	process may be made pursuant to s. 721.265.
7383	6.  Personal property subject to certificate of title.-If
7384	any personal property that is an accommodation or facility of a
7385	timeshare plan is subject to a certificate of title in this
7386	state pursuant to chapter 319 or chapter 328, the following
7387	notation must be made on such certificate of title pursuant to
7388	s. 319.27(1) or s. 328.15(1):
7389	The further transfer or encumbrance of the property subject to
7390	this certificate of title, or any lien or encumbrance thereon,
7391	is subject to the requirements of section 721.17, Florida
7392	Statutes, and the transferee or lienor agrees to be bound by all
7393	of the obligations set forth therein.
7394	7.  If the developer has previously provided a certified
7395	copy of any document required by this paragraph, she or he may
7396	for all subsequent disbursements substitute a true and correct
7397	copy of the certified copy, provided no changes to the document
7398	have been made or are required to be made.
7399	8.  In the event that use rights relating to an
7400	accommodation or facility are transferred into a trust pursuant
7401	to subparagraph 4. or into an owners' association pursuant to
7402	subparagraph 5., all other interestholders, including the owner
7403	of the underlying fee or underlying personal property, must
7404	execute a nondisturbance and notice to creditors instrument
7405	pursuant to subsection (3).
7406	(d)  Substitution of other assurances for escrowed funds or
7407	other property.-Funds or other property escrowed as provided in
7408	this section may be released from escrow to or on the order of
7409	the developer upon acceptance by the director of the division of
7410	other assurances pursuant to subsection (5) as a substitute for
7411	such escrowed funds or other property. The amount of escrowed
7412	funds or other property that may be released pursuant to this
7413	paragraph shall be equal to or less than the face amount of the
7414	assurances accepted by the director from time to time.
7415	(4)  In lieu of any escrow provisions required by this act,
7416	the director of the division shall have the discretion to permit
7417	deposit of the funds or other property in an escrow account as
7418	required by the jurisdiction in which the sale took place.
7419	(5)(a)  In lieu of any escrows required by this section,
7420	the director of the division shall have the discretion to accept
7421	other assurances, including, but not limited to, a surety bond
7422	issued by a company authorized and licensed to do business in
7423	this state as surety or an irrevocable letter of credit in an
7424	amount equal to the escrow requirements of this section.
7425	(b)  Notwithstanding anything in chapter 718 or chapter 719
7426	to the contrary, the director of the division shall have the
7427	discretion to accept other assurances pursuant to paragraph (a)
7428	in lieu of any requirement that completion of construction of
7429	one or more accommodations or facilities of a timeshare plan be
7430	accomplished prior to closing.
7431	(c)  In lieu of a nondisturbance and notice to creditors
7432	instrument, when such an instrument is otherwise required by
7433	this section, the director of the division shall have the
7434	discretion to accept alternate means of protecting the
7435	continuing rights of purchasers in and to the subject
7436	accommodations or facilities of the timeshare plan as and for
7437	the term described in the timeshare instrument, and of providing
7438	effective constructive notice of such continuing purchaser
7439	rights to subsequent owners of the accommodations or facilities
7440	and to subsequent creditors of the affected interestholder.
7441	(d)  In lieu of the requirements in sub-sub-subparagraph
7442	(2)(c)3.e.(III), the director of the division shall have the
7443	discretion to accept alternate means of protecting the use
7444	rights of purchasers in the subject accommodations and
7445	facilities of the timeshare plan against unfiled and inferior
7446	claims.
7447	(6)(8)  An escrow agent holding escrowed funds pursuant to
7448	this chapter that have not been claimed for a period of 5 years
7449	after the date of deposit shall make at least one reasonable
7450	attempt to deliver such unclaimed funds to the purchaser who
7451	submitted such funds to escrow. In making such attempt, an
7452	escrow agent is entitled to rely on a purchaser's last known
7453	address as set forth in the books and records of the escrow
7454	agent and is not required to conduct any further search for the
7455	purchaser. If an escrow agent's attempt to deliver unclaimed
7456	funds to any purchaser is unsuccessful, the escrow agent shall
7457	give may deliver such unclaimed funds to the division and the
7458	division shall deposit such unclaimed funds in the Division of
7459	Florida Condominiums, Timeshares, and Mobile Homes Trust Fund,
7460	30 days after giving notice in a publication of general
7461	circulation in the county in which the timeshare property
7462	containing the purchaser's timeshare interest is located. The
7463	purchaser may claim the unclaimed funds within 30 days after
7464	publication of the notice, after which same at any time prior to
7465	the delivery of such funds to the division. After delivery of
7466	such funds to the division, the purchaser shall have no more
7467	rights to the unclaimed funds. The escrow agent shall not be
7468	liable for any claims from any party arising out of the escrow
7469	agent's delivery of the unclaimed funds to the division pursuant
7470	to this section.
7471	Section 185.  Paragraphs (d) through (f) of subsection (2)
7472	of section 721.09, Florida Statutes, are redesignated as
7473	paragraphs (c) through (e), respectively, and paragraphs (a),
7474	(c), and (d) of subsection (1) and paragraph (c) of subsection
7475	(2) of that section are amended to read:
7476	721.09  Reservation agreements; escrows.-
7477	(1)(a)  Prior to filing the filed public offering statement
7478	with the division, A seller shall not offer a timeshare plan for
7479	sale but may accept reservation deposits and advertise the
7480	reservation deposit program upon approval by the division of a
7481	fully executed escrow agreement and reservation agreement
7482	properly filed with the division.
7483	(c)  If the timeshare plan subject to the reservation
7484	agreement has not been filed with the division under s.
7485	721.07(5) or s. 721.55 within 180 days after the date the
7486	division approves the reservation agreement filing, the seller
7487	must immediately cancel all outstanding reservation agreements,
7488	refund all escrowed funds to prospective purchasers, and
7489	discontinue accepting reservation deposits or advertising the
7490	availability of reservation agreements.
7491	(c)(d)  A seller who has filed a reservation agreement and
7492	an escrow agreement under this section may advertise the
7493	reservation agreement program if the advertising material meets
7494	the following requirements:
7495	1.  The seller complies with the provisions of s. 721.11
7496	with respect to such advertising material.
7497	2.  The advertising material is limited to a general
7498	description of the proposed timeshare plan, including, but not
7499	limited to, a general description of the type, number, and size
7500	of accommodations and facilities and the name of the proposed
7501	timeshare plan.
7502	3.  The advertising material contains a statement that the
7503	advertising material is being distributed in connection with an
7504	approved reservation agreement filing only and that the seller
7505	cannot offer an interest in the timeshare plan for sale until a
7506	filed public offering statement has been filed with the division
7507	under this chapter.
7508	(2)  Each executed reservation agreement shall be signed by
7509	the developer and shall contain the following:
7510	(c)  A statement of the obligation of the developer to file
7511	a filed public offering statement with the division prior to
7512	entering into binding contracts.
7513	Section 186.  Paragraph (b) of subsection (1) of section
7514	721.10, Florida Statutes, is amended to read:
7515	721.10  Cancellation.-
7516	(1)  A purchaser has the right to cancel the contract until
7517	midnight of the 10th calendar day following whichever of the
7518	following days occurs later:
7519	(b)  The day on which the purchaser received the last of
7520	all documents required to be provided to him or her, including
7521	the notice required by s. 721.07(2)(d)2., if applicable.
7522
7523	This right of cancellation may not be waived by any purchaser or
7524	by any other person on behalf of the purchaser. Furthermore, no
7525	closing may occur until the cancellation period of the timeshare
7526	purchaser has expired. Any attempt to obtain a waiver of the
7527	cancellation right of the timeshare purchaser, or to hold a
7528	closing prior to the expiration of the cancellation period, is
7529	unlawful and such closing is voidable at the option of the
7530	purchaser for a period of 1 year after the expiration of the
7531	cancellation period. However, nothing in this section precludes
7532	the execution of documents in advance of closing for delivery
7533	after expiration of the cancellation period.
7534	Section 187.  Subsection (1), paragraph (n) of subsection
7535	(4), subsection (5), paragraph (a) of subsection (6), subsection
7536	(8), and paragraph (a) of subsection (9) of section 721.11,
7537	Florida Statutes, are amended to read:
7538	721.11  Advertising materials; oral statements.-
7539	(1)(a)  A developer may file advertising material with the
7540	division for review. The division shall review any advertising
7541	material filed for review by the developer and notify the
7542	developer of any deficiencies within 10 days after the filing.
7543	If the developer corrects the deficiencies or if there are no
7544	deficiencies, the division shall notify the developer of its
7545	approval of the advertising materials. Notwithstanding anything
7546	to the contrary contained in this subsection, so long as the
7547	developer uses advertising materials approved by the division,
7548	following the developer's request for a review, the developer
7549	shall not be liable for any violation of this section or s.
7550	721.111 with respect to such advertising materials.
7551	(b)  All advertising materials must be substantially in
7552	compliance with this chapter and in full compliance with the
7553	mandatory provisions of this chapter. In the event that any such
7554	material is not in substantial compliance with this chapter, the
7555	division may file administrative charges and an injunction
7556	against the developer and exact such penalties or remedies as
7557	provided in s. 721.26, or may require the developer to correct
7558	any deficiency in the materials by notifying the developer of
7559	the deficiency. If the developer fails to correct the deficiency
7560	after such notification, the division may file administrative
7561	charges against the developer and exact such penalties or
7562	remedies as provided in s. 721.26.
7563	(4)  No advertising or oral statement made by any seller or
7564	resale service provider shall:
7565	(n)  Purport to have resulted from a referral unless the
7566	name of the person making the referral can be produced upon
7567	demand of the division.
7568	(5)(a)  No written advertising material, including any
7569	lodging certificate, gift award, premium, discount, or display
7570	booth, may be utilized without each prospective purchaser being
7571	provided a disclosure in conspicuous type in substantially the
7572	following form: This advertising material is being used for the
7573	purpose of soliciting sales of timeshare interests; or This
7574	advertising material is being used for the purpose of soliciting
7575	sales of a vacation (or vacation membership or vacation
7576	ownership) plan. The division shall have the discretion to
7577	approve the use of an alternate disclosure. The conspicuous
7578	disclosure required in this subsection shall only be required to
7579	be given to each prospective purchaser on one piece of
7580	advertising for each advertising promotion or marketing
7581	campaign, provided that if the promotion or campaign contains
7582	terms and conditions, the conspicuous disclosure required in
7583	this subsection shall be included on any piece containing such
7584	terms and conditions. The conspicuous disclosure required in
7585	this subsection shall be provided before the purchaser is
7586	required to take any affirmative action pursuant to the
7587	promotion. If the advertising material containing the
7588	conspicuous disclosure is a display booth, the disclosure
7589	required by this subsection must be conspicuously displayed on
7590	or within the display booth.
7591	(b)  This subsection does not apply to any advertising
7592	material which involves a project or development which includes
7593	sales of real estate or other commodities or services in
7594	addition to timeshare interests, including, but not limited to,
7595	lot sales, condominium or home sales, or the rental of resort
7596	accommodations. However, if the sale of timeshare interests, as
7597	compared with such other sales or rentals, is the primary
7598	purpose of the advertising material, a disclosure shall be made
7599	in conspicuous type that: This advertising material is being
7600	used for the purpose of soliciting the sale of ...(Disclosure
7601	shall include timeshare interests and may include other types of
7602	sales).... Factors which the division may consider in
7603	determining whether the primary purpose of the advertising
7604	material is the sale of timeshare interests include:
7605	1.  The retail value of the timeshare interests compared to
7606	the retail value of the other real estate, commodities, or
7607	services being offered in the advertising material.
7608	2.  The amount of space devoted to the timeshare portion of
7609	the project in the advertising material compared to the amount
7610	of space devoted to other portions of the project, including,
7611	but not limited to, printed material, photographs, or drawings.
7612	(8)  Notwithstanding the provisions of s. 721.05(7)(b), a
7613	developer may portray possible accommodations or facilities to
7614	prospective purchasers by disseminating oral or written
7615	statements regarding same to broadcast or print media with no
7616	obligation on the developer's part to actually construct such
7617	accommodations or facilities or to file such accommodations or
7618	facilities with the division, but only so long as such oral or
7619	written statements are not considered advertising material
7620	pursuant to paragraph (3)(e).
7621	(9)  Notwithstanding the provisions of s. 721.05(7)(b), a
7622	seller of a multisite timeshare plan may portray a possible
7623	component site to prospective purchasers with no accommodations
7624	or facilities located at such component site being available for
7625	use by purchasers so long as the seller satisfies the following
7626	requirements:
7627	(a)  A developer of a multisite timeshare plan may
7628	disseminate oral or written statements to broadcast or print
7629	media describing a possible component site with no obligation on
7630	the developer's part to actually add such component site to the
7631	multisite timeshare plan or to amend the developer's filing with
7632	the division, but only so long as such oral or written
7633	statements are not considered advertising material pursuant to
7634	paragraph (3)(e).
7635	Section 188.  Subsections (6) and (7) of section 721.111,
7636	Florida Statutes, are renumbered as subsections (4) and (5),
7637	respectively, and present subsections (4) and (5) of that
7638	section are amended to read:
7639	721.111  Prize and gift promotional offers.-
7640	(4)  A separate filing for each prize and gift promotional
7641	offer to be used in the sale of timeshare interests shall be
7642	made with the division pursuant to s. 721.11(1). The developer
7643	shall pay a $100 filing fee for each prize and gift promotional
7644	offer. One item of each prize or gift, except cash, must be made
7645	available for inspection by the division.
7646	(5)  Each filing of a prize and gift promotional offer with
7647	the division shall include, when applicable:
7648	(a)  A copy of all advertising material to be used in
7649	connection with the prize and gift promotional offer.
7650	(b)  The name, address, and telephone number (including
7651	area code) of the supplier or manufacturer from whom each type
7652	or variety of prize, gift, or other item is obtained.
7653	(c)  The manufacturer's model number or other description
7654	of such item.
7655	(d)  The information on which the developer relies in
7656	determining the verifiable retail value, if the value is in
7657	excess of $50.
7658	(e)  The name, address, and telephone number (including
7659	area code) of the promotional entity responsible for overseeing
7660	and operating the prize and gift promotional offer.
7661	(f)  The name and address of the registered agent in this
7662	state of the promotional entity for service of process purposes.
7663	(g)  Full disclosure of all pertinent information
7664	concerning the use of lodging or vacation certificates,
7665	including the terms and conditions of the campaign and the fact
7666	and extent of participation in such campaign by the developer.
7667	The developer shall provide to the division, upon the request of
7668	the division, an affidavit, certification, or other reasonable
7669	evidence that the obligation incurred by a seller or the
7670	seller's agent in a lodging certificate program can be met.
7671	Section 189.  Section 721.121, Florida Statutes, is
7672	repealed.
7673	Section 190.  Paragraphs (a) and (b) of subsection (2),
7674	subsections (3) and (4), and paragraphs (b) and (c) of
7675	subsection (12) of section 721.13, Florida Statutes, are amended
7676	to read:
7677	721.13  Management.-
7678	(2)(a)  The managing entity shall act in the capacity of a
7679	fiduciary to the purchasers of the timeshare plan. No penalty
7680	imposed by the division pursuant to s. 721.26 against any
7681	managing entity for breach of fiduciary duty shall be assessed
7682	as a common expense of any timeshare plan.
7683	(b)  The managing entity shall invest the operating and
7684	reserve funds of the timeshare plan in accordance with s.
7685	518.11(1); however, the managing entity shall give safety of
7686	capital greater weight than production of income. In no event
7687	shall the managing entity invest timeshare plan funds with a
7688	developer or with any entity that is not independent of any
7689	developer or any managing entity within the meaning of s.
7690	721.05(20)(22), and in no event shall the managing entity invest
7691	timeshare plan funds in notes and mortgages related in any way
7692	to the timeshare plan.
7693	(3)  The duties of the managing entity include, but are not
7694	limited to:
7695	(a)  Management and maintenance of all accommodations and
7696	facilities constituting the timeshare plan.
7697	(b)  Collection of all assessments for common expenses.
7698	(c)1.  Providing each year to all purchasers an itemized
7699	annual budget which shall include all estimated revenues and
7700	expenses. The budget shall be in the form required by s.
7701	721.07(5)(t). The budget shall be the final budget adopted by
7702	the managing entity for the current fiscal year. The final
7703	adopted budget is not required to be delivered if the managing
7704	entity has previously delivered a proposed annual budget for the
7705	current fiscal year to purchasers in accordance with chapter 718
7706	or chapter 719 and the managing entity includes a description of
7707	any changes in the adopted budget with the assessment notice and
7708	a disclosure regarding the purchasers' right to receive a copy
7709	of the adopted budget, if desired. The budget shall contain, as
7710	a footnote or otherwise, any related party transaction
7711	disclosures or notes which appear in the audited financial
7712	statements of the managing entity for the previous budget year
7713	as required by paragraph (e). A copy of the final budget shall
7714	be filed with the division for review within 30 days after the
7715	beginning of each fiscal year, together with a statement of the
7716	number of periods of 7-day annual use availability that exist
7717	within the timeshare plan, including those periods filed for
7718	sale by the developer but not yet committed to the timeshare
7719	plan, for which annual fees are required to be paid to the
7720	division under s. 721.27.
7721	2.  Notwithstanding anything contained in chapter 718 or
7722	chapter 719 to the contrary, the board of administration of an
7723	owners' association which serves as the managing entity may from
7724	time to time reallocate reserves for deferred maintenance and
7725	capital expenditures required by s. 721.07(5)(t)3.a.(XI) from
7726	any deferred maintenance or capital expenditure reserve account
7727	to any other deferred maintenance or capital expenditure reserve
7728	account or accounts in its discretion without the consent of
7729	purchasers of the timeshare plan. Funds in any deferred
7730	maintenance or capital expenditure reserve account may not be
7731	transferred to any operating account without the consent of a
7732	majority of the purchasers of the timeshare plan. The managing
7733	entity may from time to time transfer excess funds in any
7734	operating account to any deferred maintenance or capital
7735	expenditure reserve account without the vote or approval of
7736	purchasers of the timeshare plan. In the event any amount of
7737	reserves for accommodations and facilities of a timeshare plan
7738	containing timeshare licenses or personal property timeshare
7739	interests exists at the end of the term of the timeshare plan,
7740	such reserves shall be refunded to purchasers on a pro rata
7741	basis.
7742	3.  With respect to any timeshare plan that has a managing
7743	entity that is an owners' association, reserves may be waived or
7744	reduced by a majority vote of those voting interests that are
7745	present, in person or by proxy, at a duly called meeting of the
7746	owners' association. If a meeting of the purchasers has been
7747	called to determine whether to waive or reduce the funding of
7748	reserves and no such result is achieved or a quorum is not
7749	attained, the reserves as included in the budget shall go into
7750	effect.
7751	(d)1.  Maintenance of all books and records concerning the
7752	timeshare plan so that all such books and records are reasonably
7753	available for inspection by any purchaser or the authorized
7754	agent of such purchaser. For purposes of this subparagraph, the
7755	books and records of the timeshare plan shall be considered
7756	"reasonably available" if copies of the requested portions are
7757	delivered to the purchaser or the purchaser's agent within 7
7758	days after the date the managing entity receives a written
7759	request for the records signed by the purchaser. The managing
7760	entity may charge the purchaser a reasonable fee for copying the
7761	requested information not to exceed 25 cents per page. However,
7762	any purchaser or agent of such purchaser shall be permitted to
7763	personally inspect and examine the books and records wherever
7764	located at any reasonable time, under reasonable conditions, and
7765	under the supervision of the custodian of those records. The
7766	custodian shall supply copies of the records where requested and
7767	upon payment of the copying fee. No fees other than those set
7768	forth in this section may be charged for the providing of,
7769	inspection, or examination of books and records. All books and
7770	financial records of the timeshare plan must be maintained in
7771	accordance with generally accepted accounting practices.
7772	2.  If the books and records of the timeshare plan are not
7773	maintained on the premises of the accommodations and facilities
7774	of the timeshare plan, the managing entity shall inform the
7775	division in writing of the location of the books and records and
7776	the name and address of the person who acts as custodian of the
7777	books and records at that location. In the event that the
7778	location of the books and records changes, the managing entity
7779	shall notify the division of the change in location and the name
7780	and address of the new custodian within 30 days after the date
7781	the books and records are moved. The purchasers shall be
7782	notified of the location of the books and records and the name
7783	and address of the custodian in the copy of the annual budget
7784	provided to them pursuant to paragraph (c).
7785	3.  The division is authorized to adopt rules which specify
7786	those items and matters that shall be included in the books and
7787	records of the timeshare plan and which specify procedures to be
7788	followed in requesting and delivering copies of the books and
7789	records.
7790	3.4.  Notwithstanding any provision of chapter 718 or
7791	chapter 719 to the contrary, the managing entity may not furnish
7792	the name, address, or electronic mail address of any purchaser
7793	to any other purchaser or authorized agent thereof unless the
7794	purchaser whose name, address, or electronic mail address is
7795	requested first approves the disclosure in writing.
7796	(e)  Arranging for an annual audit of the financial
7797	statements of the timeshare plan by a certified public
7798	accountant licensed by the Board of Accountancy of the
7799	Department of Business and Professional Regulation, in
7800	accordance with generally accepted auditing standards as defined
7801	by the rules of the Board of Accountancy of the Department of
7802	Business and Professional Regulation. The financial statements
7803	required by this section must be prepared on an accrual basis
7804	using fund accounting, and must be presented in accordance with
7805	generally accepted accounting principles. A copy of the audited
7806	financial statements must be filed with the division for review
7807	and forwarded to the board of directors and officers of the
7808	owners' association, if one exists, no later than 5 calendar
7809	months after the end of the timeshare plan's fiscal year. If no
7810	owners' association exists, each purchaser must be notified, no
7811	later than 5 months after the end of the timeshare plan's fiscal
7812	year, that a copy of the audited financial statements is
7813	available upon request to the managing entity. Notwithstanding
7814	any requirement of s. 718.111(13) or s. 719.104(4), the audited
7815	financial statements required by this section are the only
7816	annual financial reporting requirements for timeshare
7817	condominiums or timeshare cooperatives.
7818	(f)  Making available for inspection by the division any
7819	books and records of the timeshare plan upon the request of the
7820	division. The division may enforce this paragraph by making
7821	direct application to the circuit court.
7822	(f)(g)  Scheduling occupancy of the timeshare units, when
7823	purchasers are not entitled to use specific timeshare periods,
7824	so that all purchasers will be provided the use and possession
7825	of the accommodations and facilities of the timeshare plan which
7826	they have purchased.
7827	(g)(h)  Performing any other functions and duties which are
7828	necessary and proper to maintain the accommodations or
7829	facilities, as provided in the contract and as advertised.
7830	(h)(i)1.  Entering into an ad valorem tax escrow agreement
7831	before prior to the receipt of any ad valorem tax escrow
7832	payments into the ad valorem tax escrow account, as long as an
7833	independent escrow agent is required by s. 192.037.
7834	2.  Submitting to the division the statement of receipts
7835	and disbursements regarding the ad valorem tax escrow account as
7836	required by s. 192.037(6)(e). The statement of receipts and
7837	disbursements must also include a statement disclosing that all
7838	ad valorem taxes have been paid in full to the tax collector
7839	through the current assessment year, or, if all such ad valorem
7840	taxes have not been paid in full to the tax collector, a
7841	statement disclosing those assessment years for which there are
7842	outstanding ad valorem taxes due and the total amount of all
7843	delinquent taxes, interest, and penalties for each such
7844	assessment year as of the date of the statement of receipts and
7845	disbursements.
7846	(i)(j)  Notwithstanding anything contained in chapter 718
7847	or chapter 719 to the contrary, purchasers shall not have the
7848	power to cancel contracts entered into by the managing entity
7849	relating to a master or community antenna television system, a
7850	franchised cable television service, or any similar paid
7851	television programming service or bulk rate services agreement.
7852	(4)  The managing entity shall maintain among its records
7853	and provide to the division upon request a complete list of the
7854	names and addresses of all purchasers and owners of timeshare
7855	units in the timeshare plan. The managing entity shall update
7856	this list no less frequently than quarterly. Pursuant to
7857	paragraph (3)(d), the managing entity may not publish this
7858	owner's list or provide a copy of it to any purchaser or to any
7859	third party other than the division. However, the managing
7860	entity shall mail to those persons listed on the owner's list
7861	materials provided by any purchaser, upon the written request of
7862	that purchaser, if the purpose of the mailing is to advance
7863	legitimate owners' association business, such as a proxy
7864	solicitation for any purpose, including the recall of one or
7865	more board members elected by the owners or the discharge of the
7866	manager or management firm. The use of any proxies solicited in
7867	this manner must comply with the provisions of the timeshare
7868	instrument and this chapter. A mailing requested for the purpose
7869	of advancing legitimate owners' association business shall occur
7870	within 30 days after receipt of a request from a purchaser. The
7871	board of administration of the owners' association shall be
7872	responsible for determining the appropriateness of any mailing
7873	requested pursuant to this subsection. The purchaser who
7874	requests the mailing must reimburse the owners' association in
7875	advance for the owners' association's actual costs in performing
7876	the mailing. It shall be a violation of this chapter and, if
7877	applicable, of part VIII of chapter 468, for the board of
7878	administration or the manager or management firm to refuse to
7879	mail any material requested by the purchaser to be mailed,
7880	provided the sole purpose of the materials is to advance
7881	legitimate owners' association business. If the purpose of the
7882	mailing is a proxy solicitation to recall one or more board
7883	members elected by the owners or to discharge the manager or
7884	management firm and the managing entity does not mail the
7885	materials within 30 days after receipt of a request from a
7886	purchaser, the circuit court in the county where the timeshare
7887	plan is located may, upon application from the requesting
7888	purchaser, summarily order the mailing of the materials solely
7889	related to the recall of one or more board members elected by
7890	the owners or the discharge of the manager or management firm.
7891	The court shall dispose of an application on an expedited basis.
7892	In the event of such an order, the court may order the managing
7893	entity to pay the purchaser's costs, including attorney's fees
7894	reasonably incurred to enforce the purchaser's rights, unless
7895	the managing entity can prove it refused the mailing in good
7896	faith because of a reasonable basis for doubt about the
7897	legitimacy of the mailing.
7898	(12)
7899	(b)  A statement in conspicuous type, in substantially the
7900	following form, shall appear in the public offering statement as
7901	provided in s. 721.07:
7902
7903	The managing entity shall have the right to forecast anticipated
7904	reservation and use of the accommodations of the timeshare plan
7905	and is authorized to reasonably reserve, deposit, or rent the
7906	accommodations for the purpose of facilitating the use or future
7907	use of the accommodations or other benefits made available
7908	through the timeshare plan.
7909
7910	(c)  The managing entity shall maintain copies of all
7911	records, data, and information supporting the processes,
7912	analyses, procedures, and methods utilized by the managing
7913	entity in its determination to reserve accommodations of the
7914	timeshare plan pursuant to this subsection for a period of 5
7915	years from the date of such determination. In the event of an
7916	investigation by the division for failure of a managing entity
7917	to comply with this subsection, the managing entity shall make
7918	all such records, data, and information available to the
7919	division for inspection, provided that if the managing entity
7920	complies with the provisions of s. 721.071, Any such records,
7921	data, and information provided to the division shall constitute
7922	a trade secret pursuant to that section.
7923	Section 191.  Subsections (3) and (5) of section 721.18,
7924	Florida Statutes, are renumbered as subsections (2) and (3),
7925	respectively, and subsections (1), (2), and (4) of that section
7926	are amended to read:
7927	721.18  Exchange programs; filing of information and other
7928	materials; filing fees; unlawful acts in connection with an
7929	exchange program.-
7930	(1)  If a purchaser is offered the opportunity to subscribe
7931	to an exchange program, the seller shall deliver to the
7932	purchaser, together with the purchaser public offering
7933	statement, and prior to the offering or execution of any
7934	contract between the purchaser and the company offering the
7935	exchange program, written information regarding such exchange
7936	program; or, if the exchange company is dealing directly with
7937	the purchaser, the exchange company shall deliver to the
7938	purchaser, prior to the initial offering or execution of any
7939	contract between the purchaser and the company offering the
7940	exchange program, written information regarding such exchange
7941	program. In either case, the purchaser shall certify in writing
7942	to the receipt of such information. Such information shall
7943	include, but is not limited to, the following information, the
7944	form and substance of which shall first be approved by the
7945	division in accordance with subsection (2):
7946	(a)  The name and address of the exchange company.
7947	(b)  The names of all officers, directors, and shareholders
7948	of the exchange company.
7949	(c)  Whether the exchange company or any of its officers or
7950	directors has any legal or beneficial interest in any developer,
7951	seller, or managing entity for any timeshare plan participating
7952	in the exchange program and, if so, the name and location of the
7953	timeshare plan and the nature of the interest.
7954	(d)  Unless otherwise stated, a statement that the
7955	purchaser's contract with the exchange company is a contract
7956	separate and distinct from the purchaser's contract with the
7957	seller of the timeshare plan.
7958	(e)  Whether the purchaser's participation in the exchange
7959	program is dependent upon the continued affiliation of the
7960	timeshare plan with the exchange program.
7961	(f)  A statement that the purchaser's participation in the
7962	exchange program is voluntary. This statement is not required to
7963	be given by the seller or managing entity of a multisite
7964	timeshare plan to purchasers in the multisite timeshare plan.
7965	(g)  A complete and accurate description of the terms and
7966	conditions of the purchaser's contractual relationship with the
7967	exchange program and the procedure by which changes thereto may
7968	be made.
7969	(h)  A complete and accurate description of the procedure
7970	to qualify for and effectuate exchanges.
7971	(i)  A complete and accurate description of all
7972	limitations, restrictions, or priorities employed in the
7973	operation of the exchange program, including, but not limited
7974	to, limitations on exchanges based on seasonality, timeshare
7975	unit size, or levels of occupancy, expressed in boldfaced type,
7976	and, in the event that such limitations, restrictions, or
7977	priorities are not uniformly applied by the exchange program, a
7978	clear description of the manner in which they are applied.
7979	(j)  Whether exchanges are arranged on a space-available
7980	basis and whether any guarantees of fulfillment of specific
7981	requests for exchanges are made by the exchange program.
7982	(k)  Whether and under what circumstances a purchaser, in
7983	dealing with the exchange program, may lose the use and
7984	occupancy of her or his timeshare period in any properly applied
7985	for exchange without her or his being provided with substitute
7986	accommodations by the exchange program.
7987	(l)  The fees or range of fees for membership or
7988	participation in the exchange program by purchasers, including
7989	any conversion or other fees payable to third parties, a
7990	statement whether any such fees may be altered by the exchange
7991	company, and the circumstances under which alterations may be
7992	made.
7993	(m)  The name and address of the site of each timeshare
7994	plan participating in the exchange program.
7995	(n)  The number of the timeshare units in each timeshare
7996	plan which are available for occupancy and which qualify for
7997	participation in the exchange program, expressed within the
7998	following numerical groupings: 1-5; 6-10; 11-20; 21-50; and 51
7999	and over.
8000	(o)  The number of currently enrolled purchasers for each
8001	timeshare plan participating in the exchange program, expressed
8002	within the following numerical groupings: 1-100; 101-249; 250-
8003	499; 500-999; and 1,000 and over; and a statement of the
8004	criteria used to determine those purchasers who are currently
8005	enrolled with the exchange program.
8006	(p)  The disposition made by the exchange company of
8007	timeshare periods deposited with the exchange program by
8008	purchasers enrolled in the exchange program and not used by the
8009	exchange company in effecting exchanges.
8010	(q)  The following information, which shall be
8011	independently audited by a certified public accountant or
8012	accounting firm in accordance with the standards of the
8013	Accounting Standards Board of the American Institute of
8014	Certified Public Accountants and reported annually:
8015	1.  The number of purchasers currently enrolled in the
8016	exchange program.
8017	2.  The number of accommodations and facilities that have
8018	current written affiliation agreements with the exchange
8019	program.
8020	3.  The percentage of confirmed exchanges, which is the
8021	number of exchanges confirmed by the exchange program divided by
8022	the number of exchanges properly applied for, together with a
8023	complete and accurate statement of the criteria used to
8024	determine whether an exchange request was properly applied for.
8025	4.  The number of timeshare periods for which the exchange
8026	program has an outstanding obligation to provide an exchange to
8027	a purchaser who relinquished a timeshare period during the year
8028	in exchange for a timeshare period in any future year.
8029	5.  The number of exchanges confirmed by the exchange
8030	program during the year.
8031	(r)  A statement in boldfaced type to the effect that the
8032	percentage described in subparagraph (q)3. is a summary of the
8033	exchange requests entered with the exchange program in the
8034	period reported and that the percentage does not indicate the
8035	probabilities of a purchaser's being confirmed to any specific
8036	choice or range of choices.
8037	(2)  Each exchange company offering an exchange program to
8038	purchasers in this state shall file with the division for review
8039	the information specified in subsection (1), together with any
8040	membership agreement and application between the purchaser and
8041	the exchange company, and the audit specified in subsection (1)
8042	on or before June 1 of each year. However, an exchange company
8043	shall make its initial filing at least 20 days prior to offering
8044	an exchange program to any purchaser in this state. Each filing
8045	shall be accompanied by an annual filing fee of $500. Within 20
8046	days after receipt of such filing, the division shall determine
8047	whether the filing is adequate to meet the requirements of this
8048	section and shall notify the exchange company in writing that
8049	the division has either approved the filing or found specified
8050	deficiencies in the filing. If the division fails to respond
8051	within 20 days, the filing shall be deemed approved. The
8052	exchange company may correct the deficiencies; and, within 10
8053	days after receipt of corrections from the exchange company, the
8054	division shall notify the exchange company in writing that the
8055	division has either approved the filing or found additional
8056	specified deficiencies in the filing. If the exchange company
8057	fails to adequately respond to any deficiency notice within 10
8058	days, the division may reject the filing. Subsequent to such
8059	rejection, a new filing fee and a new division initial review
8060	period pursuant to this subsection shall apply to any refiling
8061	or further review of the rejected filing.
8062	(a)  Any material change to an approved exchange company
8063	filing shall be filed with the division for approval as an
8064	amendment prior to becoming effective. Each amendment filing
8065	shall be accompanied by a filing fee of $100. The exchange
8066	company may correct the deficiencies; and, within 10 days after
8067	receipt of corrections from the exchange company, the division
8068	shall notify the exchange company in writing that the division
8069	has either approved the filing or found additional specified
8070	deficiencies in the filing. Each approved amendment to the
8071	approved exchange company filing, other than an amendment that
8072	does not materially alter or modify the exchange program in a
8073	manner that is adverse to a purchaser, as determined by the
8074	exchange company in its reasonable discretion, shall be
8075	delivered to each purchaser who has not closed. An approved
8076	exchange program filing is required to be updated with respect
8077	to added or deleted resorts only once each year, and such annual
8078	update shall not be deemed to be a material change to the
8079	filing.
8080	(b)  If at any time the division determines that any of
8081	such information supplied by an exchange company fails to meet
8082	the requirements of this section, the division may undertake
8083	enforcement action against the exchange company in accordance
8084	with the provision of s. 721.26.
8085	(4)  At the request of the exchange company, the division
8086	shall review any audio, written, or visual publications or
8087	materials relating to an exchange company or an exchange program
8088	filed for review by the exchange company and shall notify the
8089	exchange company of any deficiencies within 10 days after the
8090	filing. If the exchange company corrects the deficiencies, or if
8091	there are no deficiencies, the division shall notify the
8092	exchange company of its approval of the advertising materials.
8093	If the exchange company fails to adequately respond to any
8094	deficiency notice within 10 days, the division may reject the
8095	advertising materials. Subsequent to such rejection, a new
8096	division initial review period pursuant to this subsection shall
8097	apply to any refiling or further review.
8098	Section 192.  Subsection (3) of section 721.20, Florida
8099	Statutes, is amended to read:
8100	721.20  Licensing requirements; suspension or revocation of
8101	license; exceptions to applicability; collection of advance fees
8102	for listings unlawful.-
8103	(3)  A solicitor who has violated the provisions of chapter
8104	468, chapter 718, chapter 719, this chapter, or the rules of the
8105	division governing timesharing shall be subject to the
8106	provisions of s. 721.26. Any developer or other person who
8107	supervises, directs, or engages the services of a solicitor
8108	shall be liable for any violation of the provisions of chapter
8109	468, chapter 718, chapter 719, or this chapter, or the rules of
8110	the division governing timesharing committed by such solicitor.
8111	Section 193.  Sections 721.26, 721.265, 721.27, 721.28,
8112	721.29, 721.301, and 721.53, Florida Statutes, are repealed.
8113	Section 194.  Section 721.55, Florida Statutes, is amended
8114	to read:
8115	721.55  Multisite timeshare plan public offering
8116	statement.-Each filed public offering statement for a multisite
8117	timeshare plan shall contain the information required by this
8118	section and shall comply with the provisions of s. 721.07,
8119	except as otherwise provided therein. The division is authorized
8120	to provide by rule the method by which a developer must provide
8121	such information to the division. Each multisite timeshare plan
8122	filed public offering statement shall contain the following
8123	information and disclosures:
8124	(1)  A cover page containing:
8125	(a)  The name of the multisite timeshare plan.
8126	(b)  The following statement in conspicuous type:
8127	This public offering statement contains important matters
8128	to be considered in acquiring an interest in a multisite
8129	timeshare plan (or multisite vacation ownership plan or
8130	multisite vacation plan or vacation club). The statements
8131	contained herein are only summary in nature. A prospective
8132	purchaser should refer to all references, accompanying exhibits,
8133	contract documents, and sales materials. The prospective
8134	purchaser should not rely upon oral representations as being
8135	correct and should refer to this document and accompanying
8136	exhibits for correct representations.
8137	(2)  A summary containing all statements required to be in
8138	conspicuous type in the public offering statement and in all
8139	exhibits thereto.
8140	(3)  A separate index for the contents and exhibits of the
8141	public offering statement.
8142	(4)  A text, which shall include, where applicable, the
8143	information and disclosures set forth in paragraphs (a)-(l).
8144	(a)  A description of the multisite timeshare plan,
8145	including its term, legal structure, and form of ownership. For
8146	multisite timeshare plans in which the purchaser will receive a
8147	timeshare estate pursuant to s. 721.57 and for specific
8148	multisite timeshare plans, the description must also include the
8149	term of each component site within the multisite timeshare plan.
8150	(b)  A description of the structure and ownership of the
8151	reservation system together with a disclosure of the entity
8152	responsible for the operation of the reservation system. The
8153	description shall include the financial terms of any lease of
8154	the reservation system, if applicable. The developer shall not
8155	be required to disclose the financial terms of any such lease if
8156	such lease is prepaid in full for the term of the multisite
8157	timeshare plan or to any extent that neither purchasers nor the
8158	managing entity will be required to make payments for the
8159	continued use of the system following default by the developer
8160	or termination of the managing entity.
8161	(c)1.  A description of the manner in which the reservation
8162	system operates. The description shall include a disclosure in
8163	compliance with the demand balancing standard set forth in s.
8164	721.56(6) and shall describe the developer's efforts to comply
8165	with same in creating the reservation system. The description
8166	shall also include a summary of the rules and regulations
8167	governing access to and use of the reservation system.
8168	2.  In lieu of describing the rules and regulations of the
8169	reservation system in the public offering statement text, the
8170	developer may attach the rules and regulations as a separate
8171	public offering statement exhibit, together with a cross-
8172	reference in the public offering statement text to such exhibit.
8173	(d)  The existence of and an explanation regarding any
8174	priority reservation features that affect a purchaser's ability
8175	to make reservations for the use of a given accommodation or
8176	facility on a first come, first served basis, including, if
8177	applicable, the following statement in conspicuous type:
8178	Component sites contained in the multisite timeshare plan
8179	(or multisite vacation ownership plan or multisite vacation plan
8180	or vacation club) are subject to priority reservation features
8181	which may affect your ability to obtain a reservation.
8182	(e)  A summary of the material rules and regulations, if
8183	any, other than the reservation system rules and regulations,
8184	affecting the purchaser's use of each accommodation and facility
8185	at each component site.
8186	(f)  If the provisions of s. 721.552 and the timeshare
8187	instrument permit additions, substitutions, or deletions of
8188	accommodations or facilities, the public offering statement must
8189	include substantially the following information:
8190	1.  Additions.-
8191	a.  A description of the basis upon which new
8192	accommodations and facilities may be added to the multisite
8193	timeshare plan; by whom additions may be made; and the
8194	anticipated effect of the addition of new accommodations and
8195	facilities upon the reservation system, its priorities, its
8196	rules and regulations, and the availability of existing
8197	accommodations and facilities.
8198	b.  The developer must disclose the existence of any cap on
8199	annual increases in common expenses of the multisite timeshare
8200	plan that would apply in the event that additional
8201	accommodations and facilities are made a part of the plan.
8202	c.  The developer shall also disclose any extent to which
8203	the purchasers of the multisite timeshare plan will have the
8204	right to consent to any proposed additions; if the purchasers do
8205	not have the right to consent, the developer must include the
8206	following disclosure in conspicuous type:
8207	Accommodations and facilities may be added to this
8208	multisite timeshare plan (or multisite vacation ownership plan
8209	or multisite vacation plan or vacation club) without the consent
8210	of the purchasers. The addition of accommodations and facilities
8211	to the plan may result in the addition of new purchasers who
8212	will compete with existing purchasers in making reservations for
8213	the use of available accommodations and facilities within the
8214	plan, and may also result in an increase in the annual
8215	assessment against purchasers for common expenses.
8216	2.  Substitutions.-
8217	a.  A description of the basis upon which new
8218	accommodations and facilities may be substituted for existing
8219	accommodations and facilities of the multisite timeshare plan;
8220	by whom substitutions may be made; the basis upon which the
8221	determination may be made to cause such substitutions to occur;
8222	and any limitations upon the ability to cause substitutions to
8223	occur.
8224	b.  The developer shall also disclose any extent to which
8225	purchasers will have the right to consent to any proposed
8226	substitutions; if the purchasers do not have the right to
8227	consent, the developer must include the following disclosure in
8228	conspicuous type:
8229	New accommodations and facilities may be substituted for
8230	existing accommodations and facilities of this multisite
8231	timeshare plan (or multisite vacation ownership plan or
8232	multisite vacation plan or vacation club) without the consent of
8233	the purchasers. The replacement accommodations and facilities
8234	may be located at a different place or may be of a different
8235	type or quality than the replaced accommodations and facilities.
8236	The substitution of accommodations and facilities may also
8237	result in an increase in the annual assessment against
8238	purchasers for common expenses.
8239	3.  Deletions.-A description of any provision of the
8240	timeshare instrument governing deletion of accommodations or
8241	facilities from the multisite timeshare plan. If the timeshare
8242	instrument does not provide for business interruption insurance
8243	in the event of a casualty, or if it is unavailable, or if the
8244	instrument permits the developer, the managing entity, or the
8245	purchasers to elect not to reconstruct after casualty under
8246	certain circumstances or to secure replacement accommodations or
8247	facilities in lieu of reconstruction, the public offering
8248	statement must contain a disclosure that during the
8249	reconstruction, replacement, or acquisition period, or as a
8250	result of a decision not to reconstruct, purchasers of the plan
8251	may temporarily compete for available accommodations on a
8252	greater than one-to-one use right to use night requirement
8253	ratio.
8254	(g)  A description of the developer and the managing entity
8255	of the multisite timeshare plan, including:
8256	1.  The identity of the developer; the developer's business
8257	address; the number of years of experience the developer has in
8258	the timeshare, hotel, motel, travel, resort, or leisure
8259	industries; and a description of any pending lawsuit or judgment
8260	against the developer which is material to the plan. If there
8261	are no such pending lawsuits or judgments, there shall be a
8262	statement to that effect.
8263	2.  The identity of the managing entity of the multisite
8264	timeshare plan; the managing entity's business address; the
8265	number of years of experience the managing entity has in the
8266	timeshare, hotel, motel, travel, resort, or leisure industries;
8267	and a description of any lawsuit or judgment against the
8268	managing entity which is material to the plan. If there are no
8269	pending lawsuits or judgments, there shall be a statement to
8270	that effect. The description of the managing entity shall also
8271	include a description of the relationship among the managing
8272	entity of the multisite timeshare plan and the various component
8273	site managing entities.
8274	(h)  A description of the purchaser's liability for common
8275	expenses of the multisite timeshare plan, including the
8276	following:
8277	1.  A description of the common expenses of the plan,
8278	including the method of allocation and assessment of such common
8279	expenses, whether component site common expenses and real estate
8280	taxes are included within the total common expense assessment of
8281	the multisite timeshare plan, and, if not, the manner in which
8282	timely payment of component site common expenses and real estate
8283	taxes shall be accomplished.
8284	2.  A description of any cap imposed upon the level of
8285	common expenses payable by the purchaser. In no event shall the
8286	total common expense assessment for the multisite timeshare plan
8287	in a given calendar year exceed 125 percent of the total common
8288	expense assessment for the plan in the previous calendar year.
8289	3.  A description of the entity responsible for the
8290	determination of the common expenses of the multisite timeshare
8291	plan, as well as any entity which may increase the level of
8292	common expenses assessed against the purchaser at the multisite
8293	timeshare plan level.
8294	4.  A description of the method used to collect common
8295	expenses, including the entity responsible for such collections,
8296	and the lien rights of any entity for nonpayment of common
8297	expenses. If the common expenses of any component site are
8298	collected by the managing entity of the multisite timeshare
8299	plan, a statement to that effect together with the identity and
8300	address of the escrow agent required by s. 721.56(3).
8301	5.  If the purchaser will receive an interest in a
8302	nonspecific multisite timeshare plan, a statement that a
8303	multisite timeshare plan budget is attached to the public
8304	offering statement as an exhibit pursuant to paragraph
8305	(6)(7)(c). The multisite timeshare plan budget shall comply with
8306	the provisions of s. 721.07(5)(t).
8307	6.  If the developer intends to guarantee the level of
8308	assessments for the multisite timeshare plan, such guarantee
8309	must be based upon a good faith estimate of the revenues and
8310	expenses of the multisite timeshare plan. The guarantee must
8311	include a description of the following:
8312	a.  The specific time period, measured in one or more
8313	calendar or fiscal years, during which the guarantee will be in
8314	effect.
8315	b.  A statement that the developer will pay all common
8316	expenses incurred in excess of the total revenues of the
8317	multisite timeshare plan, if the developer is to be excused from
8318	the payment of assessments during the guarantee period.
8319	c.  The level, expressed in total dollars, at which the
8320	developer guarantees the assessments. If the developer has
8321	reserved the right to extend or increase the guarantee level, a
8322	disclosure must be included to that effect.
8323	7.  If required under applicable law, the developer shall
8324	also disclose the following matters for each component site:
8325	a.  Any limitation upon annual increases in common
8326	expenses;
8327	b.  The existence of any bad debt or working capital
8328	reserve; and
8329	c.  The existence of any replacement or deferred
8330	maintenance reserve.
8331	(i)  If there are any restrictions upon the sale, transfer,
8332	conveyance, or leasing of an interest in a multisite timeshare
8333	plan, a description of the restrictions together with a
8334	statement in conspicuous type in substantially the following
8335	form:
8336	The sale, lease, or transfer of interests in this multisite
8337	timeshare plan is restricted or controlled.
8338	(j)  The following statement in conspicuous type in
8339	substantially the following form:
8340	The purchase of an interest in a multisite timeshare plan
8341	(or multisite vacation ownership plan or multisite vacation plan
8342	or vacation club) should be based upon its value as a vacation
8343	experience or for spending leisure time, and not considered for
8344	purposes of acquiring an appreciating investment or with an
8345	expectation that the interest may be resold.
8346	(k)  If the multisite timeshare plan provides purchasers
8347	with the opportunity to participate in an exchange program, a
8348	description of the name and address of the exchange company and
8349	the method by which a purchaser accesses the exchange program.
8350	In lieu of this requirement, the public offering statement text
8351	may contain a cross-reference to other provisions in the public
8352	offering statement or in an exhibit containing this information.
8353	(l)  A description of each component site, which
8354	description may be disclosed in a written, graphic, or tabular,
8355	or other form approved by the division. The description of each
8356	component site shall include the following information:
8357	1.  The name and address of each component site.
8358	2.  The number of accommodations, timeshare interests, and
8359	timeshare periods, expressed in periods of 7-day use
8360	availability, committed to the multisite timeshare plan and
8361	available for use by purchasers.
8362	3.  Each type of accommodation in terms of the number of
8363	bedrooms, bathrooms, sleeping capacity, and whether or not the
8364	accommodation contains a full kitchen. For purposes of this
8365	description, a full kitchen shall mean a kitchen having a
8366	minimum of a dishwasher, range, sink, oven, and refrigerator.
8367	4.  A description of facilities available for use by the
8368	purchaser at each component site, including the following:
8369	a.  The intended use of the facility, if not apparent from
8370	the description.
8371	b.  Any user fees associated with a purchaser's use of the
8372	facility.
8373	5.  A cross-reference to the location in the public
8374	offering statement of the description of any priority
8375	reservation features which may affect a purchaser's ability to
8376	obtain a reservation in the component site.
8377	(5)  Such other information as the division determines is
8378	necessary to fairly, meaningfully, and effectively disclose all
8379	aspects of the multisite timeshare plan, including, but not
8380	limited to, any disclosures made necessary by the operation of
8381	s. 721.03(8). However, if a developer has, in good faith,
8382	attempted to comply with the requirements of this section, and
8383	if, in fact, the developer has substantially complied with the
8384	disclosure requirements of this chapter, nonmaterial errors or
8385	omissions shall not be actionable.
8386	(5)(6)  Any other information that the developer, with the
8387	approval of the division, desires to include in the public
8388	offering statement text.
8389	(6)(7)  The following documents shall be included as
8390	exhibits to the filed public offering statement, if applicable:
8391	(a)  The timeshare instrument.
8392	(b)  The reservation system rules and regulations.
8393	(c)  The multisite timeshare plan budget pursuant to
8394	subparagraph (4)(h)5.
8395	(d)  Any document containing the material rules and
8396	regulations described in paragraph (4)(e).
8397	(e)  Any contract, agreement, or other document through
8398	which component sites are affiliated with the multisite
8399	timeshare plan.
8400	(f)  Any escrow agreement required pursuant to s. 721.08 or
8401	s. 721.56(3).
8402	(g)  The form agreement for sale or lease of an interest in
8403	the multisite timeshare plan.
8404	(h)  The form receipt for multisite timeshare plan
8405	documents required to be given to the purchaser pursuant to s.
8406	721.551(2)(b).
8407	(i)  The description of documents list required to be given
8408	to the purchaser by s. 721.551(2)(b).
8409	(j)  The component site managing entity affidavit or
8410	statement required by s. 721.56(1).
8411	(k)  Any subordination instrument required by s. 721.53.
8412	(l)1.  If the multisite timeshare plan contains any
8413	component sites located in this state, the information required
8414	by s. 721.07(5) pertaining to each such component site unless
8415	exempt pursuant to s. 721.03.
8416	2.  If the purchaser will receive a timeshare estate
8417	pursuant to s. 721.57, or an interest in a specific multisite
8418	timeshare plan, in a component site located outside of this
8419	state but which is offered in this state, the information
8420	required by s. 721.07(5) pertaining to that component site,
8421	provided, however, that the provisions of s. 721.07(5)(t) shall
8422	only require disclosure of information related to the estimated
8423	budget for the timeshare plan and purchaser's expenses as
8424	required by the jurisdiction in which the component site is
8425	located.
8426	(8)(a)  A timeshare plan containing only one component site
8427	must be filed with the division as a multisite timeshare plan if
8428	the timeshare instrument reserves the right for the developer to
8429	add future component sites. However, if the developer fails to
8430	add at least one additional component site to a timeshare plan
8431	described in this paragraph within 3 years after the date the
8432	plan is initially filed with the division, the multisite filing
8433	for such plan shall thereupon terminate, and the developer may
8434	not thereafter offer any further interests in such plan unless
8435	and until he or she refiles such plan with the division pursuant
8436	to this chapter.
8437	(b)  The public offering statement for any timeshare plan
8438	described in paragraph (a) must include the following disclosure
8439	in conspicuous type:
8440
8441	This timeshare plan has been filed as a multisite timeshare
8442	plan (or multisite vacation ownership plan or multisite vacation
8443	plan or vacation club); however, this plan currently contains
8444	only one component site. The developer is not required to add
8445	any additional component sites to the plan. Do not purchase an
8446	interest in this plan in reliance upon the addition of any other
8447	component sites.
8448	Section 195.  Section 721.551, Florida Statutes, is amended
8449	to read:
8450	721.551  Delivery of multisite timeshare plan purchaser
8451	public offering statement.-
8452	(1)  The division is authorized to prescribe by rule the
8453	form of the approved multisite timeshare plan public offering
8454	statement that must be furnished by a seller to each purchaser
8455	pursuant to this section. The form of the public offering
8456	statement that is furnished to purchasers must provide fair,
8457	meaningful, and effective disclosure of all aspects of the
8458	multisite timeshare plan.
8459	(2)  The developer shall furnish each purchaser with the
8460	following:
8461	(1)(a)  A copy of the approved multisite timeshare plan
8462	public offering statement text containing the information
8463	required by s. 721.55(1)-(5)(6).
8464	(2)(b)  A receipt for multisite timeshare plan documents
8465	and a list describing any exhibit to the filed public offering
8466	statement which is not delivered to the purchaser. The division
8467	is authorized to prescribe by rule the form of the receipt for
8468	multisite timeshare plan documents and the description of
8469	exhibits list that must be furnished to the purchaser pursuant
8470	to this section.
8471	(c)  If the purchaser will receive a timeshare estate
8472	pursuant to s. 721.57, or an interest in a specific multisite
8473	timeshare plan, in a component site located in this state, the
8474	developer shall also furnish the purchaser with the information
8475	required to be delivered pursuant to s. 721.07(6)(a) and (b) for
8476	the component site in which the purchaser will receive an estate
8477	or interest in a specific multisite timeshare plan.
8478	(3)(d)  Any other exhibit that the developer elects to
8479	include as part of the purchaser public offering statement,
8480	provided that the developer first files the exhibit with the
8481	division.
8482	(4)(e)  An executed copy of any document which the
8483	purchaser signs.
8484	(5)(f)  The developer shall be required to provide the
8485	managing entity of the multisite timeshare plan with a copy of
8486	the approved filed public offering statement and any approved
8487	amendments thereto to be maintained by the managing entity as
8488	part of the books and records of the timeshare plan pursuant to
8489	s. 721.13(3)(d).
8490	Section 196.  Paragraph (b) of subsection (1) and paragraph
8491	(g) of subsection (2) of section 721.552, Florida Statutes, are
8492	amended to read:
8493	721.552  Additions, substitutions, or deletions of
8494	component site accommodations or facilities; purchaser remedies
8495	for violations.-Additions, substitutions, or deletions of
8496	component site accommodations or facilities may be made only in
8497	accordance with the following:
8498	(1)  ADDITIONS.-
8499	(b)  Any person who is authorized by the timeshare
8500	instrument to make additions to the multisite timeshare plan
8501	pursuant to this subsection shall act as a fiduciary in such
8502	capacity in the best interests of the purchasers of the plan as
8503	a whole and shall adhere to the demand balancing standard set
8504	forth in s. 721.56(4)(6) in connection with such additions.
8505	Additions that are otherwise permitted may be made only so long
8506	as a one-to-one use right to use night requirement ratio is
8507	maintained at all times.
8508	(2)  SUBSTITUTIONS.-
8509	(g)  The person who is authorized by the timeshare
8510	instrument to make substitutions to the multisite timeshare plan
8511	pursuant to this subsection shall act as a fiduciary in such
8512	capacity in the best interests of the purchasers of the plan as
8513	a whole and shall adhere to the demand balancing standard set
8514	forth in s. 721.56(4)(6) in connection with such substitutions.
8515	Substitutions that are otherwise permitted may be made only so
8516	long as a one-to-one use right to use night requirement ratio is
8517	maintained at all times.
8518	Section 197.  Subsections (3) through (6) of section
8519	721.56, Florida Statutes, are renumbered as subsections (1)
8520	through (4), respectively, and present subsections (1), (2), and
8521	(3) of that section are amended to read:
8522	721.56  Management of multisite timeshare plans;
8523	reservation systems; demand balancing.-
8524	(1)  The developer as a prerequisite for approval of his or
8525	her public offering statement filing or his or her phase filing
8526	must obtain an affidavit, or other evidence satisfactory to the
8527	director of the division, from the component site managing
8528	entity containing all of the following:
8529	(a)  A statement that all assessments on inventory are
8530	fully paid as required by applicable law.
8531	(b)  A statement as to the amount of delinquent assessments
8532	existing at the component site, if any.
8533	(c)  If required by applicable law, a statement that the
8534	latest annual audit of the component site shows that, if
8535	required, reserves are adequately maintained with respect to
8536	each component site.
8537	(d)  A statement that the component site managing entity
8538	specifically acknowledges the existence of the multisite
8539	timeshare plan relating to the use of the accommodations and
8540	facilities of the component site by purchasers of the plan.
8541	(2)  In the event that the developer files an affidavit or
8542	other evidence with the division pursuant to subsection (1) and
8543	subsequently determines that the status of the component site
8544	has materially changed such that any portion of the affidavit or
8545	other evidence is consequently materially changed, the developer
8546	shall immediately notify the division of the change.
8547	(1)(3)(a)  The managing entity of the multisite timeshare
8548	plan shall establish an escrow account with an escrow agent
8549	qualified pursuant to s. 721.05 and deposit into such account
8550	all payments received by the managing entity from time to time
8551	from the developer and purchasers of the plan that relate to
8552	common expenses and real estate taxes due with respect to any
8553	component site. The managing entity of the multisite timeshare
8554	plan shall not be required to escrow payments received from the
8555	developer or purchasers that relate to other plan expenses,
8556	including those pertaining to the compensation of the managing
8557	entity of the multisite timeshare plan and pertaining to the
8558	operation of the reservation system.
8559	(b)  Funds may only be disbursed from the escrow account
8560	described in paragraph (a) by the escrow agent upon receipt of
8561	an affidavit from the managing entity of the multisite timeshare
8562	plan specifying the purpose for which the disbursement is
8563	requested and making reference to the budgetary source of
8564	authority for such disbursement. The escrow agent shall only
8565	disburse moneys from escrow relating to a particular component
8566	site directly to the managing entity of that component site.
8567	Real estate tax payments shall only be disbursed from the escrow
8568	account to the component site managing entity or to the
8569	appropriate tax collection authority pursuant to applicable law.
8570	(c)  The escrow agent shall be entitled to rely upon the
8571	affidavit of the managing entity and shall have no obligation to
8572	independently ascertain the propriety of the requested
8573	disbursement so long as the escrow agent has no actual knowledge
8574	that the affidavit is false in any respect.
8575	(d)  An escrow agent shall maintain the account called for
8576	in this section only in such a manner as to be under the direct
8577	supervision and control of the escrow agent. The escrow agent
8578	shall have a fiduciary duty to each purchaser to maintain the
8579	escrow account in accordance with good accounting principles and
8580	to release funds from escrow only in accordance with this
8581	subsection. The escrow agent shall retain all affidavits
8582	received pursuant to this subsection for a period of 5 years.
8583	Should the escrow agent receive conflicting demands for the
8584	escrowed funds, the escrow agent shall immediately notify the
8585	division of the dispute and either promptly submit the matter to
8586	arbitration or, by interpleader or otherwise, seek an
8587	adjudication of the matter by court.
8588	(d)(e)  Any managing entity or escrow agent who
8589	intentionally fails to comply with the provisions of this
8590	subsection concerning the establishment of an escrow account,
8591	deposit of funds into escrow, and withdrawal therefrom commits a
8592	felony of the third degree, punishable as provided in s.
8593	775.082, s. 775.083, or s. 775.084, or the successor thereof.
8594	The failure to establish an escrow account or to place funds
8595	therein as required in this subsection is prima facie evidence
8596	of an intentional and purposeful violation of this subsection.
8597	(f)  In lieu of the escrow required by this subsection, the
8598	director of the division shall have the discretion to accept
8599	other assurances in accordance with s. 721.08, provided that
8600	such other assurances are maintained at a minimum amount equal
8601	to the total common expense assessment payments for the then-
8602	current fiscal year.
8603	(e)(g)  The provisions of this subsection shall not apply
8604	to any payments made directly to a component site managing
8605	entity by the developer or a purchaser of a multisite timeshare
8606	plan.
8607	Section 198.  Section 721.58, Florida Statutes, is
8608	repealed.
8609	Section 199.  Subsections (4) and (14) of section 721.82,
8610	Florida Statutes, are amended to read:
8611	721.82  Definitions.-As used in this part, the term:
8612	(4)  "Lienholder" means a holder of an assessment lien or a
8613	holder of a mortgage lien, as applicable. A receiver appointed
8614	under s. 721.26 is a lienholder for purposes of foreclosure of
8615	assessment liens under this part.
8616	(14)  "Trustee" means an attorney who is a member in good
8617	standing of The Florida Bar and who has been practicing law for
8618	at least 5 years or that attorney's law firm, or a title insurer
8619	authorized to transact business in this state under s. 624.401
8620	and who has been authorized to transact business for at least 5
8621	years, appointed as trustee or as substitute trustee in
8622	accordance with s. 721.855 or s. 721.856. A receiver appointed
8623	under s. 721.26 may act as a trustee under s. 721.855. A trustee
8624	must be independent as defined in s. 721.05(18)(20).
8625	Section 200.  Section 721.98, Florida Statutes, is
8626	repealed.
8627	Section 201.  Subsection (2) of section 723.002, Florida
8628	Statutes, is amended to read:
8629	723.002  Application of chapter.-
8630	(2)  The provisions of ss. 723.035, 723.037, 723.038,
8631	723.054, 723.055, 723.056, 723.058, and 723.068 are applicable
8632	to mobile home subdivision developers and the owners of lots in
8633	mobile home subdivisions.
8634	Section 202.  Subsections (2) through (15) of section
8635	723.003, Florida Statutes, are renumbered as subsections (1)
8636	through (14), respectively, and present subsections (1) and (11)
8637	of that section are amended to read:
8638	723.003  Definitions.-As used in this chapter, the
8639	following words and terms have the following meanings unless
8640	clearly indicated otherwise:
8641	(1)  The term "division" means the Division of Florida
8642	Condominiums, Timeshares, and Mobile Homes of the Department of
8643	Business and Professional Regulation.
8644	(10)(11)  The term "proportionate share" as used in
8645	subsection (9)(10) means an amount calculated by dividing
8646	equally among the affected developed lots in the park the total
8647	costs for the necessary and actual direct costs and impact or
8648	hookup fees incurred for governmentally mandated capital
8649	improvements serving the recreational and common areas and all
8650	affected developed lots in the park.
8651	Section 203.  Subsection (5) of section 723.004, Florida
8652	Statutes, is amended to read:
8653	723.004  Legislative intent; preemption of subject matter.-
8654	(5)  Nothing in this chapter shall be construed to prevent
8655	the enforcement of a right or duty under this section, s.
8656	723.022, s. 723.023, s. 723.031, s. 723.032, s. 723.033, s.
8657	723.035, s. 723.037, s. 723.038, s. 723.061, s. 723.0615, s.
8658	723.062, s. 723.063, or s. 723.081 by civil action after the
8659	party has exhausted its administrative remedies, if any.
8660	Section 204.  Sections 723.005, 723.007, 723.008, 723.009,
8661	723.011, 723.012, 723.013, and 723.016, Florida Statutes, are
8662	repealed.
8663	Section 205.  Paragraph (b) of subsection (5) and
8664	subsection (7) of section 723.031, Florida Statutes, are amended
8665	to read:
8666	723.031  Mobile home lot rental agreements.-
8667	(5)  The rental agreement shall contain the lot rental
8668	amount and services included. An increase in lot rental amount
8669	upon expiration of the term of the lot rental agreement shall be
8670	in accordance with ss. 723.033 and 723.037 or s. 723.059(4),
8671	whichever is applicable, provided that, pursuant to s.
8672	723.059(4), the amount of the lot rental increase is disclosed
8673	and agreed to by the purchaser, in writing. An increase in lot
8674	rental amount shall not be arbitrary or discriminatory between
8675	similarly situated tenants in the park. No lot rental amount may
8676	be increased during the term of the lot rental agreement,
8677	except:
8678	(b)  For pass-through charges as defined in s.
8679	723.003(9)(10).
8680	(7)  A No park owner may not increase the lot rental amount
8681	until an approved prospectus is has been delivered if one is
8682	required. This subsection does shall not be construed to
8683	prohibit those increases in lot rental amount for those lot
8684	rental agreements for which an approved prospectus was required
8685	to be delivered and which was delivered on or before July 1,
8686	1986, if the mobile home park owner had:
8687	(a)  Filed a prospectus with the former Division of Florida
8688	Condominiums, Timeshares, and Mobile Homes of the Department of
8689	Business and Professional Regulation before prior to entering
8690	into the lot rental agreement;
8691	(b)  Made a good faith effort to correct deficiencies cited
8692	by the former division by responding within the time limit set
8693	by the former division, if one was set; and
8694	(c)  Delivered the approved prospectus to the mobile home
8695	owner within 45 days of approval by the former division.
8696
8697	This subsection does shall not preclude the finding that a lot
8698	rental increase is invalid on other grounds and does shall not
8699	be construed to limit any rights of a mobile home owner or to
8700	preclude a mobile home owner from seeking any remedies allowed
8701	by this chapter, including a determination that the lot rental
8702	agreement or any part thereof is unreasonable.
8703	Section 206.  Subsection (7) of section 723.033, Florida
8704	Statutes, is amended to read:
8705	723.033  Unreasonable lot rental agreements; increases,
8706	changes.-
8707	(7)  An arbitrator or mediator under s. ss. 723.037,
8708	723.038, and 723.0381 shall employ the same standards as set
8709	forth in this section.
8710	Section 207.  Subsection (2) of section 723.035, Florida
8711	Statutes, is amended to read:
8712	723.035  Rules and regulations.-
8713	(2)  No rule or regulation shall provide for payment of any
8714	fee, fine, assessment, or charge, except as otherwise provided
8715	in the prospectus or offering circular filed under s. 723.012,
8716	if one is required to be provided, and until after the park
8717	owner has complied with the procedure set forth in s. 723.037.
8718	Section 208.  Subsections (3), (4), (5), and (6) of section
8719	723.037, Florida Statutes, are amended to read:
8720	723.037  Lot rental increases; reduction in services or
8721	utilities; change in rules and regulations; mediation.-
8722	(3)  The park owner shall file annually with the division a
8723	copy of any notice of a lot rental amount increase. The notice
8724	shall be filed on or before January 1 of each year for any
8725	notice given during the preceding year. If the actual increase
8726	is an amount less than the proposed amount stated in the notice,
8727	the park owner shall notify the division of the actual amount of
8728	the increase within 30 days of the effective date of the
8729	increase or at the time of filing, whichever is later.
8730	(3)(4)(a)  A committee, not to exceed five in number,
8731	designated by a majority of the affected mobile home owners or
8732	by the board of directors of the homeowners' association, if
8733	applicable, and the park owner shall meet, at a mutually
8734	convenient time and place within 30 days after receipt by the
8735	homeowners of the notice of change, to discuss the reasons for
8736	the increase in lot rental amount, reduction in services or
8737	utilities, or change in rules and regulations.
8738	(b)1.  At the meeting, the park owner or subdivision
8739	developer shall in good faith disclose and explain all material
8740	factors resulting in the decision to increase the lot rental
8741	amount, reduce services or utilities, or change rules and
8742	regulations, including how those factors justify the specific
8743	change proposed. The park owner or subdivision developer may not
8744	limit the discussion of the reasons for the change to
8745	generalities only, such as, but not limited to, increases in
8746	operational costs, changes in economic conditions, or rents
8747	charged by comparable mobile home parks. For example, if the
8748	reason for an increase in lot rental amount is an increase in
8749	operational costs, the park owner must disclose the item or
8750	items which have increased, the amount of the increase, any
8751	similar item or items which have decreased, and the amount of
8752	the decrease. If an increase is based upon the lot rental amount
8753	charged by comparable mobile home parks, the park owner shall
8754	disclose, and provide in writing to the committee at or before
8755	the meeting, the name, address, lot rental amount, and any other
8756	relevant factors relied upon by the park owner, such as
8757	facilities, services, and amenities, concerning the comparable
8758	mobile home parks. The information concerning comparable mobile
8759	home parks to be exchanged by the parties is to encourage a
8760	dialogue concerning the reasons used by the park owner for the
8761	increase in lot rental amount and to encourage the home owners
8762	to evaluate and discuss the reasons for those changes with the
8763	park owner. The park owner shall prepare a written summary of
8764	the material factors and retain a copy for 3 years. The park
8765	owner shall provide the committee a copy of the summary at or
8766	before the meeting.
8767	2.  The park owner shall not limit the comparable mobile
8768	home park disclosure to those mobile home parks that are owned
8769	or operated by the same owner or operator as the subject park,
8770	except in certain circumstances, which include, but are not
8771	limited to:
8772	a.  That the market area for comparable mobile home parks
8773	includes mobile home parks owned or operated by the same entity
8774	that have similar facilities, services, and amenities;
8775	b.  That the subject mobile home park has unique attributes
8776	that are shared with similar mobile home parks;
8777	c.  That the mobile home park is located in a geographic or
8778	market area that contains few comparable mobile home parks; or
8779	d.  That there are similar considerations or factors that
8780	would be considered in such a market analysis by a competent
8781	professional and would be considered in determining the
8782	valuation of the market rent.
8783	(c)  If the committee disagrees with a park owner's lot
8784	rental amount increase based upon comparable mobile home parks,
8785	the committee shall disclose to the park owner the name,
8786	address, lot rental amount, and any other relevant factors
8787	relied upon by the committee, such as facilities, services, and
8788	amenities, concerning the comparable mobile home parks. The
8789	committee shall provide to the park owner the disclosure, in
8790	writing, within 15 days after the meeting with the park owner,
8791	together with a request for a second meeting. The park owner
8792	shall meet with the committee at a mutually convenient time and
8793	place within 30 days after receipt by the park owner of the
8794	request from the committee to discuss the disclosure provided by
8795	the committee. At the second meeting, the park owner may take
8796	into account the information on comparable parks provided by the
8797	committee, may supplement the information provided to the
8798	committee at the first meeting, and may modify his or her
8799	position, but the park owner may not change the information
8800	provided to the committee at the first meeting.
8801	(d)  The committee and the park owner may mutually agree,
8802	in writing, to extend or continue any meetings required by this
8803	section.
8804	(e)  Either party may prepare and use additional
8805	information to support its position during or subsequent to the
8806	meetings required by this section.
8807
8808	This subsection is not intended to be enforced by civil or
8809	administrative action. Rather, the meetings and discussions are
8810	intended to be in the nature of settlement discussions prior to
8811	the parties proceeding to mediation of any dispute.
8812	(5)(a)  Within 30 days after the date of the last scheduled
8813	meeting described in subsection (4), the homeowners may petition
8814	the division to initiate mediation of the dispute pursuant to s.
8815	723.038 if a majority of the affected homeowners have
8816	designated, in writing, that:
8817	1.  The rental increase is unreasonable;
8818	2.  The rental increase has made the lot rental amount
8819	unreasonable;
8820	3.  The decrease in services or utilities is not
8821	accompanied by a corresponding decrease in rent or is otherwise
8822	unreasonable; or
8823	4.  The change in the rules and regulations is
8824	unreasonable.
8825	(b)  A park owner, within the same time period, may also
8826	petition the division to initiate mediation of the dispute.
8827	(c)  When a dispute involves a rental increase for
8828	different home owners and there are different rates or different
8829	rental terms for those home owners, all such rent increases in a
8830	calendar year for one mobile home park may be considered in one
8831	mediation proceeding.
8832	(d)  At mediation, the park owner and the homeowners
8833	committee may supplement the information provided to each other
8834	at the meetings described in subsection (4) and may modify their
8835	position, but they may not change the information provided to
8836	each other at the first and second meetings.
8837
8838	The purpose of this subsection is to encourage discussion and
8839	evaluation by the parties of the comparable mobile home parks in
8840	the competitive market area. The requirements of this subsection
8841	are not intended to be enforced by civil or administrative
8842	action. Rather, the meetings and discussions are intended to be
8843	in the nature of settlement discussions prior to the parties
8844	proceeding to litigation of any dispute.
8845	(6)  If a party requests mediation and the opposing party
8846	refuses to agree to mediate upon proper request, the party
8847	refusing to mediate shall not be entitled to attorney's fees in
8848	any action relating to a dispute described in this section.
8849	Section 209.  Sections 723.038 and 723.0381, Florida
8850	Statutes, are repealed.
8851	Section 210.  Section 723.042, Florida Statutes, is amended
8852	to read:
8853	723.042  Provision of improvements.-No person shall be
8854	required by a mobile home park owner or developer, as a
8855	condition of residence in the mobile home park, to provide any
8856	improvement unless the requirement is disclosed pursuant to s.
8857	723.011 prior to occupancy in the mobile home park.
8858	Section 211.  Subsection (1) of section 723.06115, Florida
8859	Statutes, is amended to read:
8860	723.06115  Florida Mobile Home Relocation Trust Fund.-
8861	(1)  There is established within the Department of Business
8862	and Professional Regulation the Florida Mobile Home Relocation
8863	Trust Fund, to be used by the department for the purpose of
8864	funding the administration and operations of the Florida Mobile
8865	Home Relocation Corporation. All interest earned from the
8866	investment or deposit of moneys in the trust fund shall be
8867	deposited in the trust fund. The trust fund shall be funded from
8868	the moneys collected by the department under s. 723.06116 from
8869	mobile home park owners who change the use of their mobile home
8870	parks; the surcharge collected by the department under s.
8871	723.007(2); the surcharge collected by the Department of Highway
8872	Safety and Motor Vehicles; and by other appropriated funds.
8873	Section 212.  This act shall take effect July 1, 2011.

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