Florida Senate - 2013                                     SB 596
       
       
       
       By Senator Hays
       
       
       
       
       11-00177A-13                                           2013596__
    1                        A bill to be entitled                      
    2         An act relating to homeowners’ associations; amending
    3         s. 20.165, F.S.; renaming the Division of Florida
    4         Condominiums, Timeshares, and Mobile Homes in the
    5         Department of Business and Professional Regulation to
    6         the Division of Florida Condominiums, Homeowners’
    7         Associations, Timeshares, and Mobile Homes; amending
    8         s. 718.509, F.S.; renaming and revising the Florida
    9         Condominiums, Timeshares, and Mobile Homes to include
   10         moneys collected under ch. 720, F.S., relating to
   11         homeowners’ associations and to allow funds to remain
   12         in the trust fund at the end of the fiscal year;
   13         amending s. 720.301, F.S.; revising the definition of
   14         “division”; amending s. 720.302, F.S.; revising
   15         legislative intent with respect to the regulation of
   16         homeowners’ associations; creating s. 720.3021, F.S.;
   17         providing the division’s duties with respect to
   18         homeowners’ associations; authorizing the division to
   19         adopt a seal; requiring the division to submit an
   20         annual report to the Governor and Legislature;
   21         authorizing the department to adopt rules; creating s.
   22         720.3022, F.S.; requiring the department to
   23         investigate complaints and providing a timetable for
   24         responding to such complaints; authorizing the
   25         department to conduct investigations and providing
   26         requirements for such investigations; providing for
   27         service of process; requiring the department to adopt
   28         penalty guidelines by rule and providing the
   29         parameters for such guidelines; creating s. 720.3023,
   30         F.S.; requiring all moneys collected by the division
   31         relating to the regulation of homeowners’ associations
   32         to be deposited into the Florida Condominiums,
   33         Homeowners’ Association, Timeshares, and Mobile Homes
   34         Trust Fund; creating s. 720.3024, F.S.; creating the
   35         Office of Community Association Ombudsman; providing
   36         for appointment by the Governor; providing powers and
   37         duties; creating s. 720.3025, F.S.; creating the
   38         Community Association Living Study Council; providing
   39         for term and membership; providing council functions;
   40         creating s. 720.3029, F.S.; imposing a fee on certain
   41         homeowners’ associations; providing for the deposit
   42         and use of such fees; amending s. 720.306, F.S.;
   43         revising provisions relating to member meetings, proxy
   44         voting, and elections and board meetings, amending s.
   45         720.307, F.S.; providing additional circumstances for
   46         authorizing members to elect a majority of association
   47         board members; requiring the governing documents of an
   48         association to be approved by the parcel owners upon
   49         transference of authority from the developer to the
   50         owners; amending s. 720.3085, F.S.; providing
   51         procedures and timeframes for the payment of unpaid
   52         assessments into a court registry pending a court
   53         hearing; amending ss. 73.073, 192.037, 213.053,
   54         326.002, 326.006, 380.0651, 455.116, 475.455, 509.512,
   55         718.103, 718.105, 718.1255, 718.501, 718.5011,
   56         718.502, 718.503, 718.504, 718.508, 718.608, 719.103,
   57         719.1255, 719.501, 719.502, 719.504, 719.508, 719.608,
   58         721.05, 721.07, 721.08, 721.26, 721.28, 721.301,
   59         723.003, 723.006, 723.009, and 723.0611, F.S.;
   60         conforming terms to changes made by the act; providing
   61         an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Paragraph (e) of subsection (2) of section
   66  20.165, Florida Statutes, is amended to read:
   67         20.165 Department of Business and Professional Regulation.
   68  There is created a Department of Business and Professional
   69  Regulation.
   70         (2) The following divisions of the Department of Business
   71  and Professional Regulation are established:
   72         (e) Division of Florida Condominiums, Homeowners’
   73  Associations, Timeshares, and Mobile Homes.
   74         1. The executive offices of the division shall be located
   75  in Tallahassee.
   76         2. The division may establish and maintain branch offices
   77  throughout the state.
   78         Section 2. Section 718.509, Florida Statutes, is amended to
   79  read:
   80         718.509 Division of Florida Condominiums, Homeowners’
   81  Associations, Timeshares, and Mobile Homes Trust Fund.—
   82         (1) There is created within the State Treasury the Division
   83  of Florida Condominiums, Homeowners’ Associations, Timeshares,
   84  and Mobile Homes Trust Fund to be used for the administration
   85  and operation of this chapter and chapters 718, 719, 720, 721,
   86  and 723 by the Division of Florida Condominiums, Homeowners’
   87  Associations, Timeshares, and Mobile Homes.
   88         (2) All moneys collected by the division from fees, fines,
   89  or penalties or from costs awarded to the division by a court or
   90  administrative final order shall be paid into the Division of
   91  Florida Condominiums, Timeshares, and Mobile Homes trust fund.
   92  The Legislature shall appropriate funds from this trust fund
   93  sufficient to carry out the provisions of this chapter and the
   94  provisions of law with respect to each category of business
   95  covered by the trust fund. The division shall maintain separate
   96  revenue accounts in the trust fund for each of the businesses
   97  regulated by the division. The division shall provide for the
   98  proportionate allocation among the accounts of expenses incurred
   99  by the division in the performance of its duties with respect to
  100  each of these businesses. As part of its normal budgetary
  101  process, the division shall prepare an annual report of revenue
  102  and allocated expenses related to the operation of each of these
  103  businesses which may be used to determine fees charged by the
  104  division. This subsection shall operate pursuant to the
  105  provisions of s. 215.20.
  106         (3)Notwithstanding s. 216.301 and pursuant to s. 216.351,
  107  any balance in the trust fund at the end of any fiscal year
  108  shall remain in the trust fund at the end of the year and shall
  109  be available for carrying out the purposes of the trust fund.
  110         Section 3. Subsection (7) of section 720.301, Florida
  111  Statutes, is amended to read:
  112         720.301 Definitions.—As used in this chapter, the term:
  113         (7) “Division” means the Division of Florida Condominiums,
  114  Homeowners’ Associations, Timeshares, and Mobile Homes in the
  115  Department of Business and Professional Regulation.
  116         Section 4. Subsections (1) and (2) of section 720.302,
  117  Florida Statutes, are amended to read:
  118         720.302 Purposes, scope, and application.—
  119         (1) The purposes of this chapter are to give statutory
  120  recognition to corporations not for profit that administer or
  121  operate residential communities in this state, to provide
  122  procedures for operating homeowners’ associations, and to
  123  protect the rights of association members without unduly
  124  impairing the ability of such associations to perform their
  125  functions as authorized by federal and state laws, local
  126  ordinances, and the governing documents of the association.
  127         (2) Having provided certain powers and authority to
  128  homeowners’ associations and in deed restrictions created by
  129  developers of mandated properties in residential communities,
  130  the Legislature recognizes that it is necessary to provide
  131  regulatory oversight of such associations in order to ensure
  132  compliance with federal and state laws and local ordinances. It
  133  is the intent of the Legislature to protect the rights of parcel
  134  owners by ensuring that the powers and authority granted to
  135  homeowners’ associations and in deed restrictions created by
  136  developers of mandated properties in residential communities
  137  conform to a system of checks and balances in order to prevent
  138  abuses by these governing authorities. Further, The Legislature
  139  recognizes that it is not in the best interest of homeowners’
  140  associations or the individual association members thereof to
  141  create or impose a bureau or other agency of state government to
  142  regulate the affairs of homeowners’ associations. However, in
  143  accordance with s. 720.311, the Legislature finds that
  144  homeowners’ associations and their individual members will
  145  benefit from an expedited alternative process for the resolution
  146  of election and recall disputes and presuit mediation of other
  147  disputes involving covenant enforcement and authorizes the
  148  department to hear, administer, and determine these disputes as
  149  more fully set forth in this chapter. Further, The Legislature
  150  recognizes that certain contract rights, which were created
  151  before June 14, 1995, and have been accepted by a two-thirds
  152  majority of the members, were have been created for the benefit
  153  of homeowners’ associations and their members thereof before the
  154  effective date of this act and that ss. 720.301-720.407 are not
  155  intended to impair such contract rights, including, but not
  156  limited to, the rights of the developer to complete the
  157  community as initially contemplated.
  158         Section 5. Section 720.3021, Florida Statutes, is created
  159  to read:
  160         720.3021Duties of the division.—The division has
  161  jurisdiction for, and may enforce compliance with, the
  162  provisions of this chapter and its rules relating to homeowners’
  163  associations.
  164         (1) The division shall respond to complaints, conduct
  165  investigations, and impose penalties as provided under s.
  166  720.3032.
  167         (2) The division may prepare and disseminate a prospectus
  168  and other information to assist prospective owners, purchasers,
  169  lessees, and developers of homeowners’ associations in assessing
  170  associated rights, privileges, and duties.
  171         (3) The division shall establish procedures for providing
  172  notice to an association and the developer during the period the
  173  developer controls the association if the division is
  174  considering the issuance of a declaratory statement with respect
  175  to the homeowners’ association or any related document governing
  176  such community.
  177         (4) The division shall annually provide each association
  178  with a summary of declaratory statements and formal legal
  179  opinions relating to the operations of homeowners’ association
  180  which were rendered by the division during the previous year.
  181         (5) The division shall provide training and educational
  182  programs for homeowners’ association board members and parcel
  183  owners. The training may include web-based electronic media and
  184  live training and seminars in various locations throughout the
  185  state. The division may review and approve education and
  186  training programs offered by providers and shall maintain a
  187  current list of approved programs and providers and make such
  188  list available to board members and parcel owners in a
  189  reasonable and cost-effective manner.
  190         (6) The division shall maintain a toll-free telephone
  191  number accessible to homeowners’ association parcel owners.
  192         (7) The division shall develop a program to certify both
  193  volunteer and paid mediators to provide mediation of homeowners’
  194  association disputes. Upon request, the division shall provide a
  195  list of such mediators to any association, parcel owner, or
  196  other participant in arbitration proceedings under s. 718.1255.
  197         (a) Only volunteer mediators who have received at least 20
  198  hours of training in mediation techniques or who have mediated
  199  at least 20 disputes may be included on the list.
  200         (b) In order to become initially certified by the division,
  201  paid mediators must be certified by the Supreme Court to mediate
  202  court cases in county or circuit courts. However, the division
  203  may, by rule, adopt additional factors related to the mediator’s
  204  experience, education, or background. In order to maintain
  205  certification, any person initially certified as a paid mediator
  206  by the division must comply with any factors or requirements
  207  adopted by rule.
  208         (8) The division may accept grants-in-aid from any source.
  209         (9) The division shall cooperate with similar agencies in
  210  other jurisdictions to establish uniform filing procedures and
  211  forms, public offering statements, advertising standards, and
  212  rules and common administrative practices.
  213         (10) The division shall consider notice to a developer to
  214  be complete when it is delivered to the address of the developer
  215  currently on file with the division.
  216         (11) In addition to its enforcement authority, the division
  217  may issue a notice to show cause, which must provide for a
  218  hearing, upon written request, in accordance with chapter 120.
  219         (12) The division shall adopt a seal by which it shall
  220  authenticate its records. Copies of the records of the division,
  221  and certificates purporting to relate the facts contained in
  222  those records, if authenticated by the seal, shall be prima
  223  facie evidence of the records in the courts of this state.
  224         (13) The division shall submit to the Governor, the
  225  President of the Senate, and the Speaker of the House of
  226  Representatives an annual report that includes, but need not be
  227  limited to, the number of training programs provided for
  228  homeowners’ association board members and parcel owners under
  229  subsection (5); and the number of complaints received by type,
  230  the number and percent of complaints acknowledged in writing
  231  within 30 days, the number and percent of resulting
  232  investigations conducted within 90 days, and the number of
  233  investigations exceeding the 90-day requirement as required
  234  under s. 720.3021(1). The annual report must also include an
  235  evaluation of the division’s core business processes and make
  236  recommendations for improvements, including statutory changes.
  237  The report shall be submitted by September 30 following the end
  238  of the fiscal year.
  239         (14) The department may adopt rules to administer and
  240  enforce the provisions of this chapter.
  241         Section 6. Section 720.3022, Florida Statutes, is created
  242  to read:
  243         720.3022Complaints; investigations; service of process;
  244  penalty guidelines.—
  245         (1) COMPLAINTS.—The division may investigate complaints and
  246  enforce compliance with respect to homeowners’ associations that
  247  are still under developer control and complaints against
  248  developers involving improper turnover or failure to turnover,
  249  pursuant to s. 720.307. After turnover has occurred, the
  250  division may only investigate complaints related to financial
  251  issues, elections, and parcel owner access to association
  252  records pursuant to ss. 720.303(4) and 720.303(5). If a
  253  complaint is made, the division must conduct its inquiry with
  254  due regard for the interests of the affected parties.
  255         (a) Within 30 days after receiving a complaint, the
  256  division shall acknowledge the complaint in writing and notify
  257  the complainant as to whether the complaint is within the
  258  jurisdiction of the division and whether additional information
  259  is needed by the division from the complainant.
  260         (b) The division shall conduct its investigation and,
  261  within 90 days after receipt of the original complaint or timely
  262  requested additional information, take action upon the
  263  complaint. However, the failure to complete the investigation
  264  within 90 days does not prevent the division from continuing the
  265  investigation, accepting or considering evidence obtained or
  266  received after 90 days, or taking administrative action if
  267  reasonable cause exists to believe that a violation of this
  268  chapter or related rule has occurred.
  269         (c) If an investigation is not completed within the time
  270  limits established in this subsection, the division shall, on a
  271  monthly basis, notify the complainant in writing of the status
  272  of the investigation.
  273         (d) When reporting its action to the complainant, the
  274  division shall inform the complainant of any right to a hearing
  275  pursuant to ss. 120.569 and 120.57.
  276         (2) INVESTIGATIONS.—The division may conduct necessary
  277  public or private investigations within or outside this state to
  278  determine whether there has been a violation of this chapter or
  279  related rules or orders, and to aid in the adoption of needed
  280  rules or forms.
  281         (a) For the purpose of conducting an investigation, the
  282  division director, or officer or employee designated by the
  283  division director, may administer oaths or affirmations,
  284  subpoena witnesses and compel their attendance, take evidence,
  285  and require the production of any matter that is relevant to an
  286  investigation, including the existence, description, nature,
  287  custody, condition, and location of any books, documents, or
  288  other tangible things and the identity and location of persons
  289  having knowledge of relevant facts or any other matter
  290  reasonably calculated to lead to the discovery of material
  291  evidence. Upon the failure by a person to obey a subpoena or to
  292  answer questions propounded by the investigating officer and
  293  upon reasonable notice to all affected persons, the division may
  294  apply to the circuit court for an order compelling compliance.
  295         (b) The division may require or permit any person to file a
  296  statement in writing, under oath or otherwise, as determined by
  297  the division, as to the facts and circumstances concerning a
  298  matter to be investigated.
  299         (c) The division may submit any official written report,
  300  worksheet, or other related paper, or a certified copy thereof,
  301  compiled, prepared, drafted, or otherwise made and authenticated
  302  by a financial examiner or analyst to be admitted as competent
  303  evidence in any hearing in which the financial examiner or
  304  analyst is available for cross-examination and attests under
  305  oath that such documents were prepared as a result of an
  306  examination or inspection conducted pursuant to this chapter.
  307         (d) Notwithstanding any remedies available to parcel owners
  308  and associations, if the division has reasonable cause to
  309  believe that a violation of any provision of this chapter or
  310  related rule has occurred, the division may institute
  311  enforcement proceedings in its own name against any developer,
  312  association, officer, or member of the board of administration,
  313  or its assignees or agents, as follows:
  314         1. The division may permit a person whose conduct or
  315  actions may be under investigation to waive formal proceedings
  316  and enter into a consent proceeding whereby orders, rules, or
  317  letters of censure or warning, whether formal or informal, may
  318  be entered against the person.
  319         2. The division may issue an order requiring the developer,
  320  association, developer-designated officer, or developer
  321  designated member of the board of administration, developer
  322  designated assignees or agents, community association manager,
  323  or community association management firm to cease and desist
  324  from the unlawful practice and take such affirmative action as
  325  the division determines will carry out the purposes of this
  326  chapter. If the division finds that a developer, association,
  327  officer, or member of the board of administration, or its
  328  assignees or agents, is violating or is about to violate any
  329  provision of this chapter, any rule adopted or order issued by
  330  the division, or any written agreement entered into with the
  331  division, and such violation presents an immediate danger to the
  332  public requiring an immediate final order, it may issue an
  333  emergency cease and desist order reciting with particularity the
  334  facts underlying such findings. The emergency cease and desist
  335  order is effective for 90 days. If the division begins
  336  nonemergency cease and desist proceedings, the emergency cease
  337  and desist order remains effective until the conclusion of the
  338  proceedings under ss. 120.569 and 120.57.
  339         3. If a developer fails to pay any restitution determined
  340  by the division to be owed, plus any accrued interest at the
  341  highest rate permitted by law, within 30 days after expiration
  342  of any appellate time period of a final order requiring payment
  343  of restitution or the conclusion of any appeal, whichever is
  344  later, the division must bring an action in circuit or county
  345  court on behalf of any association, class of parcel owners,
  346  lessees, or purchasers for restitution, declaratory relief,
  347  injunctive relief, or any other available remedy. The division
  348  may also temporarily revoke its acceptance of the filing for the
  349  developer to which the restitution relates until payment of
  350  restitution is made.
  351         4. The division may petition the court for the appointment
  352  of a receiver or conservator. If appointed, the receiver or
  353  conservator may take action to implement the court order to
  354  ensure the performance of and to remedy any breach of the order.
  355  In addition to all other means provided by law for the
  356  enforcement of an injunction or temporary restraining order, the
  357  circuit court may impound or sequester the property of a party
  358  defendant, including books, papers, documents, and related
  359  records, and allow the examination and use of the property by
  360  the division and a court-appointed receiver or conservator.
  361         5. The division may apply to the circuit court for an order
  362  of restitution whereby the defendant in an action brought
  363  pursuant to subparagraph 4. is ordered to make restitution of
  364  those sums shown by the division to have been obtained by the
  365  defendant in violation of this chapter. At the option of the
  366  court, such restitution is payable to the conservator or
  367  receiver or directly to the persons whose funds or assets were
  368  obtained in violation of this chapter.
  369         6. The division may impose a civil penalty against a
  370  developer, or association, or its assignee or agent, for any
  371  violation of this chapter or related rule. The division may
  372  impose a civil penalty individually against an officer or board
  373  member who willfully and knowingly violates a provision of this
  374  chapter, adopted rule, or a final order of the division; may
  375  order the removal of such individual as an officer or from the
  376  board of administration or as an officer of the association; and
  377  may prohibit such individual from serving as an officer or on
  378  the board of a community association for a period of time. The
  379  term “willfully and knowingly” means that the division informed
  380  the officer or board member that his or her action or intended
  381  action violates this chapter, related rule, or a final order of
  382  the division and that the officer or board member refused to
  383  comply with the requirements of this chapter, related rule, or
  384  final order of the division. Before initiating formal agency
  385  action under chapter 120, the division must afford the officer
  386  or board member an opportunity to voluntarily comply, and if he
  387  or she complies within 10 days the officer or board member is
  388  not subject to a civil penalty. A penalty may be imposed for
  389  each day of continuing violation, but may not exceed a total of
  390  $5,000.
  391         7. If a parcel owner presents the division with proof that
  392  the parcel owner has requested access to official records in
  393  writing by certified mail, and that after 10 days the parcel
  394  owner again made the same request for access to official records
  395  in writing by certified mail, and that more than 10 days has
  396  elapsed since the second request and the association has still
  397  failed or refused to provide access to official records as
  398  required by this chapter, the division shall issue a subpoena
  399  requiring production of the requested records where the records
  400  are kept pursuant to s. 720.303.
  401         8. In addition to subparagraph 6., the division may seek
  402  the imposition of a civil penalty through the circuit court for
  403  any violation for which the division may issue a notice to show
  404  cause under subsection s. 720.302(11). The civil penalty shall
  405  be at least $500 but may not exceed $5,000 for each violation.
  406  The court may also award to the prevailing party court costs and
  407  reasonable attorney fees and, if the division prevails, may also
  408  award reasonable costs of investigation.
  409         (e) Homeowners’ association directors, officers, and
  410  employees; homeowners’ association developers and community
  411  association managers; and community association management firms
  412  have an ongoing duty to reasonably cooperate with the division
  413  in any investigation pursuant to this chapter. The division
  414  shall refer to local law enforcement any person whom the
  415  division believes has altered, destroyed, concealed, or removed
  416  any record, document, or thing required to be kept or maintained
  417  under this chapter for the purpose of impairing its verity or
  418  availability to the department’s investigation.
  419         (f) The division may contract with agencies in this state
  420  or other jurisdictions to perform investigative functions.
  421         (g) The division shall establish by rule the standards for
  422  reimbursement of actual verified expenses incurred in connection
  423  with an onsite review or investigation.
  424         (3) SERVICE OF PROCESS.—
  425         (a) In addition to the methods of service provided for in
  426  the Florida Rules of Civil Procedure and under state law,
  427  service may be made and shall be binding upon a defendant or
  428  respondent if:
  429         1. The division, acting as the petitioner or plaintiff,
  430  immediately sends a copy of the process and of the pleading by
  431  certified mail to the defendant or respondent at his or her last
  432  known address; and
  433         2. The division files an affidavit of compliance with this
  434  subsection on or before the return date of the process or within
  435  the time set by the court.
  436         (b) If any person, including any nonresident of this state,
  437  allegedly engages in conduct prohibited by this chapter, or any
  438  rule or order of the division, and has not filed a consent to
  439  service of process, and personal jurisdiction over him or her
  440  cannot otherwise be obtained in this state, the director may
  441  receive service of process in any noncriminal proceeding against
  442  that person or his or her successor which grows out of the
  443  conduct and which is brought by the division under this chapter
  444  or any rule or order of the division. The process has the same
  445  force and validity as if personally served. Notice shall be
  446  given as provided in paragraph (a).
  447         (4) PENALTY GUIDELINES.—The division shall, by rule, adopt
  448  penalty guidelines applicable to violations or to categories of
  449  violations of this chapter or related rules. The guidelines must
  450  specify a meaningful range of civil penalties for each such
  451  violation of statute and rule and must be based upon the harm
  452  caused by the violation, the repetition of the violation, and
  453  upon such other factors deemed relevant by the division, such as
  454  whether the violations were committed by a developer or owner
  455  controlled association, the size of the association, and other
  456  factors. The guidelines must designate the possible mitigating
  457  or aggravating circumstances that justify a departure from the
  458  range of penalties provided by the rules. It is the
  459  Legislature’s intent that minor violations be distinguished from
  460  those that endanger the health, safety, or welfare of the
  461  condominium residents or other persons and that such guidelines
  462  provide reasonable and meaningful notice to the public of likely
  463  penalties that may be imposed for the proscribed conduct. This
  464  subsection does not limit the ability of the division to
  465  informally dispose of administrative actions or complaints by
  466  stipulation, agreed settlement, or consent order. All amounts
  467  collected shall be deposited with the Chief Financial Officer to
  468  the credit of the Florida Condominiums, Homeowners’
  469  Associations, Timeshares, and Mobile Homes Trust Fund. If a
  470  developer fails to pay the civil penalty and the amount owed to
  471  the association, the division shall issue an order directing
  472  that such developer cease and desist from further operation
  473  until such time as the civil penalty is paid or may pursue
  474  enforcement of the penalty through court order. If an
  475  association fails to pay the civil penalty, the division shall
  476  pursue enforcement through court order, and the order imposing
  477  the civil penalty or the cease and desist order is not effective
  478  until 20 days after the date of such order. Any action commenced
  479  by the division shall be brought in the county in which the
  480  division has its executive offices or in the county where the
  481  violation occurred.
  482         Section 7. Section 720.3023, Florida Statutes, is created
  483  to read:
  484         720.3023Florida Condominiums, Homeowners’ Associations,
  485  Timeshares, and Mobile Homes Trust Fund.—All funds collected by
  486  the division and any amounts paid as fees, fines, or penalties
  487  or from costs awarded to the division by a court or
  488  administrative final order under this chapter shall be deposited
  489  in the State Treasury to the credit of the Division of Florida
  490  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
  491  Homes Trust Fund created by s. 718.509.
  492         Section 8. Section 720.3024, Florida Statutes, is created
  493  to read:
  494         720.3024Office of the Community Association Ombudsman.—
  495         (1) CREATION.—There is created an Office of the Community
  496  Association Ombudsman, within the division.
  497         (a) The office shall be a bureau within the division as
  498  provided under s. 20.04(3).
  499         (b) The functions of the office shall be funded by the
  500  Florida Condominiums, Homeowners’ Associations, Timeshares, and
  501  Mobile Homes Trust Fund.
  502         (b) The office shall be located in Leon County on the
  503  premises of the division or, if suitable space cannot be
  504  provided there, at another place convenient to the division
  505  which enables the ombudsman to expeditiously carry out the
  506  duties and functions of his or her office. The office may
  507  establish branch offices elsewhere in the state upon the
  508  concurrence of the Governor and the availability of funding.
  509         (2) APPOINTMENT OF OMBUDSMAN.—The office shall be headed by
  510  an ombudsman who shall be appointed by and serve at the pleasure
  511  of the Governor.
  512         (a) The ombudsman must be an attorney licensed in this
  513  state.
  514         (b) The ombudsman or any full-time employee of the office
  515  may not actively engage in any other business or profession;
  516  serve as the representative of any political party, executive
  517  committee, or other governing body of a political party; serve
  518  as an executive, officer, or employee of a political party;
  519  receive remuneration for activities on behalf of any candidate
  520  for public office; or engage in soliciting votes or other
  521  activities on behalf of a candidate for public office. The
  522  ombudsman or any employee of the office may not become a
  523  candidate for election to public office unless he or she first
  524  resigns from his or her office or employment.
  525         (3) POWERS AND DUTIES.—The ombudsman shall have all powers
  526  necessary to carry out the duties of the office, including
  527  authority to:
  528         (a) Access and use of all files and records of the
  529  division.
  530         (b) Employ professional and clerical staff as necessary for
  531  the efficient operation of the office.
  532         (c) Prepare and issue reports and recommendations to the
  533  Governor, the department, the division, the Advisory Council on
  534  Condominiums, the President of the Senate, and the Speaker of
  535  the House of Representatives on any matter or subject within the
  536  jurisdiction of the division. The ombudsman shall make such
  537  recommendations as he or she deems appropriate for legislation
  538  relative to division procedures, rules, jurisdiction, personnel,
  539  and functions.
  540         (d) Act as the liaison between the division, parcel owners,
  541  boards of directors, board members, community association
  542  managers, and other affected parties. The ombudsman shall
  543  develop policies and procedures to assist parcel owners, boards
  544  of directors, board members, community association managers, and
  545  other affected parties to understand their rights and
  546  responsibilities as set forth in this chapter and the
  547  homeowners’ association documents governing the respective
  548  association. The ombudsman shall coordinate and assist in the
  549  preparation and adoption of educational and reference material,
  550  and endeavor to coordinate with private or volunteer providers
  551  of these services, so that the availability of these resources
  552  is made known to the largest possible audience.
  553         (e) Monitor and review procedures and disputes concerning
  554  homeowners’ association elections or meetings, including, but
  555  not limited to, recommending that the division pursue
  556  enforcement action in any manner where there is reasonable cause
  557  to believe that election misconduct has occurred.
  558         (f) Make recommendations to the division for changes in
  559  rules and procedures for the filing, investigation, and
  560  resolution of complaints filed by parcel owners, associations,
  561  and managers.
  562         (g) Provide resources to assist members of boards of
  563  directors and officers of associations to carry out their powers
  564  and duties consistent with this chapter, division rules, and the
  565  homeowners’ associations documents governing the association.
  566         (h) Encourage and facilitate voluntary meetings with and
  567  between parcel owners, boards of directors, board members,
  568  community association managers, and other affected parties if
  569  such meetings may assist in resolving a dispute within a
  570  community association before the dispute is submitted for a
  571  formal or administrative remedy. It is the intent of the
  572  Legislature that the ombudsman act as a neutral resource for
  573  both the rights and responsibilities of parcel owners,
  574  associations, and board members.
  575         (i) Assist with the resolution of disputes between parcel
  576  owners and the association or between parcel owners if the
  577  dispute is not within the jurisdiction of the division to
  578  resolve.
  579         (4) APPOINTMENT OF ELECTION MONITORS.—Fifteen percent of
  580  the total voting interests in a homeowners’ association, or six
  581  parcel owners, whichever is greater, may petition the ombudsman
  582  to appoint an election monitor to attend the annual meeting of
  583  the members and conduct the election of the directors. The
  584  ombudsman shall appoint a division employee, a person or persons
  585  specializing in homeowners’ association election monitoring, or
  586  an attorney, licensed to practice in this state, as the election
  587  monitor. All costs associated with the election monitoring
  588  process shall be paid by the association. The division shall
  589  adopt by rule procedures for the appointment of election
  590  monitors and the scope and extent of the monitor’s role in the
  591  election process.
  592         Section 9. Section 720.3025, Florida Statutes, is created
  593  to read:
  594         720.3025Community Association Living Study Council.—
  595         (1) The Community Association Living Study Council is
  596  created. The council shall be created as of October 1 every 5
  597  years, commencing October 1, 2013, and exist for a 6-month term.
  598         (2) The council shall consist of seven appointed members:
  599         (a) Two members shall be appointed by the President of the
  600  Senate.
  601         (b) Two members shall be appointed by the Speaker of the
  602  House of Representatives.
  603         (c) Three members shall be appointed by the Governor, of
  604  which one member may represent timeshare condominiums.
  605         (d) The director of the division shall appoint an ex
  606  officio nonvoting member.
  607  
  608  The Legislature intends that the persons appointed to the
  609  council represent a cross-section of persons interested in
  610  community association issues.
  611         (3) The council may elect a chair and vice chair and such
  612  other officers as it may deem advisable. The council shall meet
  613  at the call of its chair, at the request of a majority of its
  614  membership, at the request of the division, or at such times as
  615  it may prescribe. A majority of the members of the council
  616  constitute a quorum. Council action may be taken by vote of a
  617  majority of the voting members who are present at a meeting
  618  where there is a quorum.
  619         (4) Members of the council shall serve without compensation
  620  but are entitled to receive per diem and travel expenses
  621  pursuant to s. 112.061 while on official business.
  622         (5) The division shall provide administrative support to
  623  the council.
  624         (6) The functions of the council are to:
  625         (a) Receive input from the public regarding issues of
  626  concern with respect to community association living, including
  627  living and participating in condominiums, cooperatives, and
  628  homeowners’ associations. The council shall make recommendations
  629  for changes in the law related to community association living.
  630  The issues that the council shall consider include, but are not
  631  limited to, the rights and responsibilities of the parcel owners
  632  in relation to the rights and responsibilities of the
  633  association.
  634         (b) Review, evaluate, and advise the division concerning
  635  the adoption and revision of rules affecting condominiums and
  636  cooperatives.
  637         (c) Recommend improvements in the education programs
  638  offered by the division if needed.
  639         (d) Review, evaluate, and advise the Legislature concerning
  640  revisions and improvements to the laws relating to condominiums,
  641  cooperatives, and homeowners’ associations.
  642         Section 10. Section 720.3029, Florida Statutes, is created
  643  to read:
  644         720.3029Homeowners’ association fees.—Effective January 1,
  645  2014, each homeowners’ association that operates more than two
  646  units must pay to the division an annual fee of $4 for each
  647  residential unit in condominiums operated by the association.
  648  Beginning January 1, 2016, the division may increase the fee in
  649  manner provided for changes in the cost of living under s.
  650  401(a)(17) of the Internal Revenue Code.
  651         (1) If the fee is not paid by March 1, the association
  652  shall be assessed a penalty of 10 percent of the amount due and
  653  will not have standing to maintain or defend any action in the
  654  courts of this state until the amount due, plus any penalty, is
  655  paid.
  656         (2) Funds collected shall be deposited in the Florida
  657  Condominiums, Homeowners’ Association, Timeshares, and Mobile
  658  Homes Trust Fund. Funds shall be used by the division for, but
  659  not limited to, the review and approval of deed restrictions
  660  prior to being recorded at the county level by the developer or
  661  owner of the initial lots to be developed; education;
  662  enforcement; investigation; and prosecution of policies and
  663  procedures related to mandated properties.
  664         (3) The division shall furnish each association that pays
  665  fees under this section with a copy of this chapter, as amended,
  666  and related rules on an annual basis.
  667         Section 11. Section 720.306, Florida Statutes, is amended
  668  to read:
  669         720.306 Meetings of members; voting and election
  670  procedures; amendments.—
  671         (1) QUORUM; AMENDMENTS.—
  672         (a) Unless a lower number is provided in the bylaws, the
  673  percentage of voting interests required for to constitute a
  674  quorum at a meeting of the members shall be 30 percent of the
  675  total voting interests. Unless otherwise provided in this
  676  chapter or in the articles of incorporation or bylaws, decisions
  677  that require a vote of the members must be approved made by the
  678  concurrence of at least a majority of the voting interests
  679  present, in person or by proxy, at a meeting at which a quorum
  680  is present has been attained.
  681         (b) Unless otherwise provided in the governing documents or
  682  required by law, and other than those matters set forth in
  683  paragraph (c), a any governing document of an association may be
  684  amended by the affirmative vote of two-thirds of the voting
  685  interests of the association.
  686         (c) Unless otherwise provided in the governing documents as
  687  originally recorded or permitted by this chapter or chapter 617,
  688  an amendment may not materially and adversely alter the
  689  proportionate voting interest appurtenant to a parcel or
  690  increase the proportion or percentage by which a parcel shares
  691  in the common expenses of the association unless the record
  692  parcel owner and all record owners of liens on the parcels join
  693  in the execution of the amendment. For purposes of this section,
  694  a change in quorum requirements is not an alteration of voting
  695  interests. The merger or consolidation of one or more
  696  associations under a plan of merger or consolidation under
  697  chapter 607 or chapter 617 is shall not be considered a material
  698  or adverse alteration of the proportionate voting interest
  699  appurtenant to a parcel.
  700         (2) ANNUAL MEETING.— The members association shall hold an
  701  annual a meeting of its members annually for the transaction of
  702  any and all proper business at a time, date, and place stated
  703  in, or fixed in accordance with, the bylaws. If the bylaws are
  704  silent as to the location, the annual meeting and all other
  705  membership meetings shall be held within 45 miles of the
  706  association property. The election of directors, if one is
  707  required to be held, must be held at, or in conjunction with,
  708  the annual meeting or as provided in the governing documents.
  709         (3) SPECIAL MEETINGS.—Special meetings must be held when
  710  called by the board of directors or, unless a different
  711  percentage is stated in the governing documents, by at least 10
  712  percent of the total voting interests of the association.
  713  Business conducted at a special meeting is limited to the
  714  purposes described in the notice of the meeting.
  715         (4) CONTENT OF NOTICE.—Unless law or the governing
  716  documents require otherwise, notice of an annual meeting need
  717  not include a description of the purpose or purposes for which
  718  the meeting is called. Notice of a special meeting must include
  719  a description of the purpose or purposes for which the meeting
  720  is called.
  721         (5) NOTICE OF MEETINGS.—The bylaws must shall provide for
  722  giving notice to members of all member meetings, and if they do
  723  not do so shall be deemed to provide the following: The
  724  association shall give all parcel owners and members actual
  725  notice of all membership meetings, which shall be mailed,
  726  delivered, or electronically transmitted to the members not less
  727  than 14 days before prior to the meeting. Evidence of compliance
  728  with this 14-day notice shall be made by an affidavit executed
  729  by the person providing the notice and filed upon execution
  730  among the official records of the association. In addition to
  731  mailing, delivering, or electronically transmitting the notice
  732  of any meeting, the association may, by reasonable rule, adopt a
  733  procedure for conspicuously posting and repeatedly broadcasting
  734  the notice and the agenda on a closed-circuit cable television
  735  system serving the association. If When broadcast notice is
  736  provided, the notice and agenda must be broadcast in a manner
  737  and for a sufficient continuous length of time so as to allow an
  738  average reader to observe the notice and read and comprehend the
  739  entire content of the notice and the agenda.
  740         (6) RIGHT TO SPEAK.—Members and parcel owners have the
  741  right to attend all membership meetings and to speak at any
  742  meeting with reference to all items opened for discussion or
  743  included on the agenda. Notwithstanding any provision to the
  744  contrary in the governing documents or any rules adopted by the
  745  board or by the membership, a member and a parcel owner have the
  746  right to speak for at least 3 minutes on any item if, provided
  747  that the member or parcel owner submits a written request to
  748  speak before prior to the meeting. The association may adopt
  749  written reasonable written rules governing the frequency,
  750  duration, and other manner of member and parcel owner
  751  statements, which are rules must be consistent with this
  752  subsection.
  753         (7) ADJOURNMENT.—Unless the bylaws require otherwise,
  754  adjournment of an annual or special meeting to a different date,
  755  time, or place must be announced at that meeting before an
  756  adjournment is taken, or notice must be given of the new date,
  757  time, or place pursuant to s. 720.303(2). Any business that
  758  might have been transacted on the original date of the meeting
  759  may be transacted at the adjourned meeting. If a new record date
  760  for the adjourned meeting is or must be fixed under s. 607.0707,
  761  notice of the adjourned meeting must be given to persons who are
  762  entitled to vote and are members as of the new record date but
  763  were not members as of the previous record date.
  764         (8) PROXY VOTING.—
  765         (a) Members voting by limited proxy must use a form
  766  substantially conforming to a limited proxy form adopted by the
  767  division. Limited proxies must be used for:
  768         1. Votes taken to waive or reduce reserves in accordance
  769  with 720.303(6);
  770         2. Votes taken to waive the financial reporting
  771  requirements of s. 720.303(7);
  772         3. Votes taken to amend the declaration;
  773         4. Votes taken to amend the articles of incorporation or
  774  bylaws pursuant to this section; and
  775         5. Any other matter for which this chapter requires or
  776  permits a vote of the parcel owners.
  777         (b) General proxies may be used for other matters for which
  778  limited proxies are not required and may also be used in voting
  779  for nonsubstantive changes to items for which a limited proxy is
  780  required and given.
  781         (c) Limited proxies and general proxies may be used to
  782  establish a quorum.
  783         (d) Voting interests or consent rights allocated to a
  784  parcel owned by the association may not be exercised or
  785  considered for any purpose, whether for a quorum, an election,
  786  or otherwise.
  787         (e) Any proxy given is effective only for the specific
  788  meeting for which originally given and any lawfully adjourned
  789  meetings thereof. In no event is a proxy valid for longer than
  790  90 days after the date of the first meeting for which it was
  791  given. Every proxy is revocable at any time at the pleasure of
  792  the parcel owner executing it.
  793         (f) This subsection does not limit the use of general
  794  proxies, require the use of limited proxies for any agenda item
  795  or election at any meeting of a timeshare condominium
  796  association, or prohibit parcel owners from voting in person at
  797  parcel owner meetings. The members have the right, unless
  798  otherwise provided in this subsection or in the governing
  799  documents, to vote in person or by proxy.
  800         (a) To be valid, a proxy must be dated, must state the
  801  date, time, and place of the meeting for which it was given, and
  802  must be signed by the authorized person who executed the proxy.
  803  A proxy is effective only for the specific meeting for which it
  804  was originally given, as the meeting may lawfully be adjourned
  805  and reconvened from time to time, and automatically expires 90
  806  days after the date of the meeting for which it was originally
  807  given. A proxy is revocable at any time at the pleasure of the
  808  person who executes it. If the proxy form expressly so provides,
  809  any proxy holder may appoint, in writing, a substitute to act in
  810  his or her place.
  811         (b) If the governing documents permit voting by secret
  812  ballot by members who are not in attendance at a meeting of the
  813  members for the election of directors, such ballots must be
  814  placed in an inner envelope with no identifying markings and
  815  mailed or delivered to the association in an outer envelope
  816  bearing identifying information reflecting the name of the
  817  member, the lot or parcel for which the vote is being cast, and
  818  the signature of the lot or parcel owner casting that ballot. If
  819  the eligibility of the member to vote is confirmed and no other
  820  ballot has been submitted for that lot or parcel, the inner
  821  envelope shall be removed from the outer envelope bearing the
  822  identification information, placed with the ballots which were
  823  personally cast, and opened when the ballots are counted. If
  824  more than one ballot is submitted for a lot or parcel, the
  825  ballots for that lot or parcel shall be disqualified. Any vote
  826  by ballot received after the closing of the balloting may not be
  827  considered.
  828         (9)(a) ELECTIONS AND BOARD VACANCIES.—
  829         (a) Unless the bylaws provide otherwise, a vacancy on the
  830  board of directors caused by the expiration of a director’s term
  831  shall be filled by electing a new board member. The election
  832  must occur on the date of the annual meeting.
  833         1. An election is not required unless more candidates file
  834  notices of intent to run or are nominated than board vacancies
  835  exist. If the number of board members whose terms expire at the
  836  annual meeting equals or exceeds the number of candidates, the
  837  candidates become members of the board effective upon the
  838  adjournment of the annual meeting.
  839         2. If the bylaws permit staggered terms of up to 2 years,
  840  and upon approval of a majority of the total voting interests,
  841  the association board members may serve 2-year staggered terms.
  842  If the staggered term of a board member does not expire until a
  843  later annual meeting, or if all members’ terms would otherwise
  844  expire but there are no candidates, the terms of all board
  845  members expire at the annual meeting, and such members may stand
  846  for reelection unless prohibited by the bylaws.
  847         3. Unless the bylaws provide otherwise, any remaining
  848  vacancies shall be filled by the affirmative vote of the
  849  majority of the directors making up the newly constituted board
  850  even if the directors constitute less than a quorum or there is
  851  only one director.
  852         4. For purposes of this paragraph, the term “candidate”
  853  means an eligible person who has timely submitted the written
  854  notice, as described in subparagraph (c)2., of his or her
  855  intention to become a candidate.
  856         (b) Any parcel owner desiring to be a candidate for board
  857  membership must be eligible to serve on the board of directors
  858  at the time of the deadline for submitting a notice of intent to
  859  run as provided in subparagraph (c)2. in order to have his or
  860  her name listed as a proper candidate on the ballot. The
  861  following parcel owners are not eligible to be a candidate or
  862  serve on the board of directors:
  863         1. A parcel owner who is delinquent in the payment of any
  864  fee, fine, or special or regular assessment as provided in
  865  paragraph (c).
  866         2. A parcel owner who has been convicted of any felony in
  867  this state or in a United States District or Territorial Court,
  868  or who has been convicted of any offense in another jurisdiction
  869  which would be considered a felony if committed in this state,
  870  unless such felon’s civil rights have been restored for at least
  871  5 years as of the date such person seeks election to the board.
  872  The validity of an action by the board is not affected if it is
  873  later determined that a board member is ineligible for board
  874  membership due to having been convicted of a felony.
  875         3. In a homeowners’ association of more than 10 parcels,
  876  coowners of a parcel may not serve as members of the board of
  877  directors at the same time unless they own more than one parcel
  878  or unless there are not enough eligible candidates to fill the
  879  vacancies on the board at the time of the vacancy.
  880         (c) The members of the board shall be elected by secret
  881  ballot using a written ballot or voting machine. Proxies may not
  882  be used in electing the board in general elections or elections
  883  to fill vacancies caused by recall, resignation, or otherwise,
  884  unless otherwise provided in this chapter.
  885         1. At least 60 days before a scheduled election, the
  886  association shall mail, deliver, or electronically transmit, by
  887  separate association mailing or by inclusion in another
  888  association mailing, delivery, or transmission, including
  889  regularly published newsletters, to each parcel owner entitled
  890  to a vote, a first notice of the date of the election.
  891         2. Any parcel owner or other eligible person desiring to be
  892  a candidate for the board must give written notice of his or her
  893  intent to be a candidate to the association at least 40 days
  894  before the scheduled election.
  895         3. Together with the notice and agenda required under
  896  subsection (5), the association shall mail, deliver, or
  897  electronically transmit a second notice of the election to all
  898  parcel owners entitled to vote, which includes a ballot that
  899  lists all candidates. Upon request of a candidate, an
  900  information sheet, no larger than 8 1/2 inches by 11 inches,
  901  which must be furnished by the candidate at least 35 days before
  902  the election, must be included with the mailing, delivery, or
  903  transmission of the ballot, with the costs of mailing, delivery,
  904  or electronic transmission and copying to be borne by the
  905  association. The association is not liable for the contents of
  906  the information sheets prepared by the candidates. In order to
  907  reduce costs, the association may print or duplicate the
  908  information sheets on both sides of the paper.
  909         4. Elections shall be decided by a plurality of ballots
  910  cast. There is no quorum requirement; however, at least 20
  911  percent of the eligible voters must cast a ballot in order to
  912  have a valid election. A parcel owner may not permit any other
  913  person to vote his or her ballot, and any ballots improperly
  914  cast are invalid. A parcel owner who violates this provision may
  915  be fined by the association in accordance with s. 720.305. A
  916  parcel owner who needs assistance in casting the ballot for the
  917  reasons stated in s. 101.051 may obtain such assistance.
  918         5. The division shall by rule establish voting procedures
  919  consistent with this paragraph, including rules establishing
  920  procedures for giving notice by electronic transmission and
  921  rules providing for the secrecy of ballots.
  922         (d) Within 90 days after being elected or appointed to the
  923  board, each newly elected or appointed director shall certify in
  924  writing to the secretary of the association that he or she has
  925  read the homeowners’ association’s declaration, articles of
  926  incorporation, bylaws, and current written policies; that he or
  927  she will work to uphold such documents and policies to the best
  928  of his or her ability; and that he or she will faithfully
  929  discharge his or her fiduciary responsibility to the
  930  association’s members. In lieu of written certification, within
  931  90 days after being elected or appointed to the board, the newly
  932  elected or appointed director may submit a certificate of having
  933  satisfactorily completed the educational curriculum administered
  934  by a division-approved homeowners’ association education
  935  provider within 1 year before or 90 days after the date of
  936  election or appointment. The written certification or
  937  educational certificate is valid and does not have to be
  938  resubmitted as long as the director serves on the board without
  939  interruption.
  940         1. A director who fails to timely file the written
  941  certification or educational certificate is suspended from
  942  service on the board until he or she complies with this
  943  paragraph. The board may temporarily fill the vacancy during the
  944  period of suspension.
  945         2. The secretary shall cause the association to retain a
  946  director’s written certification or educational certificate for
  947  inspection by the members for 5 years after a director’s
  948  election. Failure to have such written certification or
  949  educational certificate on file does not affect the validity of
  950  any board action.
  951         3. A director or officer more than 90 days delinquent in
  952  the payment of any monetary obligation due the association shall
  953  be deemed to have abandoned the office, creating a vacancy in
  954  the office to be filled according to law.
  955         4. A director or officer charged by information or
  956  indictment with a felony theft or embezzlement offense involving
  957  the association’s funds or property must be removed from office,
  958  creating a vacancy in the office to be filled according to law
  959  until the end of the period of the suspension or the end of the
  960  director’s term of office, whichever occurs first. While such
  961  criminal charges are pending, he or she may not be appointed or
  962  elected to a position as a director or officer. However, if the
  963  charges are resolved without a finding of guilt, the director or
  964  officer shall be reinstated for the remainder of his or her term
  965  of office, if any. Elections of directors must be conducted in
  966  accordance with the procedures set forth in the governing
  967  documents of the association. All members of the association are
  968  eligible to serve on the board of directors, and a member may
  969  nominate himself or herself as a candidate for the board at a
  970  meeting where the election is to be held or, if the election
  971  process allows voting by absentee ballot, in advance of the
  972  balloting. Except as otherwise provided in the governing
  973  documents, boards of directors must be elected by a plurality of
  974  the votes cast by eligible voters.
  975         (b) A person who is delinquent in the payment of any fee,
  976  fine, or other monetary obligation to the association for more
  977  than 90 days is not eligible for board membership. A person who
  978  has been convicted of any felony in this state or in a United
  979  States District or Territorial Court, or has been convicted of
  980  any offense in another jurisdiction which would be considered a
  981  felony if committed in this state, is not eligible for board
  982  membership unless such felon’s civil rights have been restored
  983  for at least 5 years as of the date on which such person seeks
  984  election to the board. The validity of any action by the board
  985  is not affected if it is later determined that a member of the
  986  board is ineligible for board membership.
  987         (c) Any election dispute between a member and an
  988  association must be submitted to mandatory binding arbitration
  989  with the division. Such proceedings must be conducted in the
  990  manner provided by s. 718.1255 and the procedural rules adopted
  991  by the division. Unless otherwise provided in the bylaws, any
  992  vacancy occurring on the board before the expiration of a term
  993  may be filled by an affirmative vote of the majority of the
  994  remaining directors, even if the remaining directors constitute
  995  less than a quorum, or by the sole remaining director. In the
  996  alternative, a board may hold an election to fill the vacancy,
  997  in which case the election procedures must conform to the
  998  requirements of the governing documents. Unless otherwise
  999  provided in the bylaws, a board member appointed or elected
 1000  under this section is appointed for the unexpired term of the
 1001  seat being filled. Filling vacancies created by recall is
 1002  governed by s. 720.303(10) and rules adopted by the division.
 1003         (10) RECORDING.—Any parcel owner may tape record or
 1004  videotape meetings of the board of directors and meetings of the
 1005  members. The board of directors of the association may adopt
 1006  reasonable rules governing the taping of meetings of the board
 1007  and the membership.
 1008         Section 12. Subsection (1) of section 720.307, Florida
 1009  Statutes, is amended and a new subsection (4) is added to that
 1010  section, to read:
 1011         720.307 Transition of association control in a community.
 1012  With respect to homeowners’ associations:
 1013         (1) Members other than the developer are entitled to elect
 1014  at least a majority of the members of the board of directors of
 1015  the homeowners’ association when the earlier of the following
 1016  events occurs:
 1017         (a) Three months after 90 percent of the parcels in all
 1018  phases of the community which that will ultimately be operated
 1019  by the homeowners’ association have been conveyed to members; or
 1020         (b) The development of all of the parcels that will
 1021  ultimately be operated by the homeowners’ association have been
 1022  completed, some of the parcels have been conveyed to members,
 1023  and no other parcels are being offered for sale by the developer
 1024  in the ordinary course of business;
 1025         (c) Some of the parcels have been conveyed to members and
 1026  no other parcels are being constructed or offered for sale by
 1027  the developer in the ordinary course of business;
 1028         (d) The developer files a petition seeking protection in
 1029  bankruptcy;
 1030         (e) A receiver for the developer is appointed by a circuit
 1031  court and is not discharged within 30 days after such
 1032  appointment, unless the court determines, within 30 days after
 1033  the appointment, that transfer of control would be detrimental
 1034  to the homeowners’ association or its members; or
 1035         (f)(b) Such other percentage of the parcels has been
 1036  conveyed to members, or such other date or event has occurred,
 1037  as is set forth in the governing documents in order to comply
 1038  with the requirements of any governmentally chartered entity
 1039  with regard to the mortgage financing of parcels.
 1040  
 1041  For purposes of this section, the term “members other than the
 1042  developer” does shall not include builders, contractors, or
 1043  others who purchase a parcel for the purpose of constructing
 1044  improvements thereon for resale.
 1045         (4) Upon transference of authorities, duties,
 1046  responsibilities, and rights from the developer to the parcel
 1047  owners, all amendments, alterations, or modifications to the
 1048  governing documents must be approved by at least two-thirds of
 1049  the parcel owners or homeowners’ association members. The
 1050  governing documents may not reduce this proportion of approval.
 1051  The ombudsman may not engage the services of industry partisans
 1052  who have a vested interest in the administration of deed
 1053  restricted communities or in the mandatory homeowners’
 1054  association and who have practiced in this field within the last
 1055  3 years, to implement its powers.
 1056         Section 13. Subsection (9) is added to section 720.3085,
 1057  Florida Statutes, to read:
 1058         720.3085 Payment for assessments; lien claims.—
 1059         (9) In any action by a homeowners’ association for unpaid
 1060  assessments, the parcel owner shall pay into the court registry
 1061  the amount alleged in the complaint as unpaid, or if such amount
 1062  is contested, such amount as is determined by the court, plus
 1063  any assessments accruing during the pendency of the action, when
 1064  due, unless the owner has interposed the defense of payment or
 1065  satisfaction of the assessments in the amount the complaint
 1066  alleges as unpaid. However, even if the defense of payment or
 1067  satisfaction has been asserted, the court may order the owner to
 1068  pay into the court registry the assessments accruing during the
 1069  pendency of the action. If the owner does not dispute the amount
 1070  of accrued assessments, the owner must pay the amount alleged in
 1071  the complaint into the court registry on or before the date on
 1072  which his or her answer to the claim for unpaid assessments is
 1073  due. If the owner contests the amount of accrued assessments,
 1074  the owner must pay the amount determined by the court into the
 1075  court registry on the day that the court makes its
 1076  determination. The court may, however, extend these time periods
 1077  to allow for later payment upon good cause shown.
 1078         (a) If the owner contests the amount of money to be placed
 1079  into the court registry, any hearing regarding such dispute
 1080  shall be limited to only the factual or legal issues concerning:
 1081         1. Whether the owner has been properly credited by the
 1082  association with any assessment payments made; and
 1083         2. What properly constitutes assessments under the
 1084  governing documents.
 1085         (b) The court, on its own motion, shall notify the owner
 1086  that assessments must be paid into the court registry by order,
 1087  which shall be issued immediately upon filing the owner’s
 1088  initial pleading, motion, or other paper.
 1089         (c) The filing of a counterclaim for money damages does not
 1090  relieve the owner from depositing assessments due into the
 1091  registry of the court.
 1092         (d) Failure of the owner to pay the assessments into the
 1093  court registry pursuant to court order is an absolute waiver of
 1094  the owner’s defenses. In such case, the association is entitled
 1095  to an immediate default without further notice or hearing
 1096  thereon.
 1097         (e) If the association is suffering hardship resulting from
 1098  the loss of assessment income from the unit, the association may
 1099  apply to the court for disbursement of all or part of the funds
 1100  held in the court registry.
 1101         Section 14. Subsection (2) of section 73.073, Florida
 1102  Statutes, is amended to read:
 1103         73.073 Eminent domain procedure with respect to condominium
 1104  common elements.—
 1105         (2) With respect to the exercise of eminent domain or a
 1106  negotiated sale for the purchase or taking of a portion of the
 1107  common elements of a condominium, the condemning authority shall
 1108  have the responsibility of contacting the condominium
 1109  association and acquiring the most recent rolls indicating the
 1110  names of the unit owners or contacting the appropriate taxing
 1111  authority to obtain the names of the owners of record on the tax
 1112  rolls. Notification shall be sent by certified mail, return
 1113  receipt requested, to the unit owners of record of the
 1114  condominium units by the condemning authority indicating the
 1115  intent to purchase or take the required property and requesting
 1116  a response from the unit owner. The condemning authority shall
 1117  be responsible for the expense of sending notification pursuant
 1118  to this section. Such notice must shall, at a minimum, include:
 1119         (a) The name and address of the condemning authority.
 1120         (b) A written or visual description of the property.
 1121         (c) The public purpose for which the property is needed.
 1122         (d) The appraisal value of the property.
 1123         (e) A clear, concise statement relating to the unit owner’s
 1124  right to object to the taking or appraisal value and the
 1125  procedures and effects of exercising that right.
 1126         (f) A clear, concise statement relating to the power of the
 1127  association to convey the property on behalf of the unit owners
 1128  if no objection to the taking or appraisal value is raised, and
 1129  the effects of this alternative on the unit owner.
 1130  
 1131  The Division of Florida Condominiums, Homeowners’ Associations,
 1132  Timeshares, and Mobile Homes of the Department of Business and
 1133  Professional Regulation may adopt, by rule, a standard form for
 1134  such notice and may require the notice to include any additional
 1135  relevant information.
 1136         Section 15. Paragraph (e) of subsection (6) of section
 1137  192.037, Florida Statutes, is amended to read:
 1138         192.037 Fee timeshare real property; taxes and assessments;
 1139  escrow.—
 1140         (6)
 1141         (e) On or before May 1 of each year, a statement of
 1142  receipts and disbursements of the escrow account must be filed
 1143  with the Division of Florida Condominiums, Homeowners’
 1144  Associations, Timeshares, and Mobile Homes of the Department of
 1145  Business and Professional Regulation, which may enforce this
 1146  paragraph pursuant to s. 721.26. This statement must
 1147  appropriately show the amount of principal and interest in such
 1148  account.
 1149         Section 16. Paragraph (i) of subsection (8) of section
 1150  213.053, Florida Statutes, is amended to read:
 1151         213.053 Confidentiality and information sharing.—
 1152         (8) Notwithstanding any other provision of this section,
 1153  the department may provide:
 1154         (i) Information relative to chapters 212 and 326 to the
 1155  Division of Florida Condominiums, Homeowners’ Associations,
 1156  Timeshares, and Mobile Homes of the Department of Business and
 1157  Professional Regulation in the conduct of its official duties.
 1158  
 1159  Disclosure of information under this subsection shall be
 1160  pursuant to a written agreement between the executive director
 1161  and the agency. Such agencies, governmental or nongovernmental,
 1162  shall be bound by the same requirements of confidentiality as
 1163  the Department of Revenue. Breach of confidentiality is a
 1164  misdemeanor of the first degree, punishable as provided by s.
 1165  775.082 or s. 775.083.
 1166         Section 17. Subsection (2) of section 326.002, Florida
 1167  Statutes, is amended to read:
 1168         326.002 Definitions.—As used in ss. 326.001-326.006, the
 1169  term:
 1170         (2) “Division” means the Division of Florida Condominiums,
 1171  Homeowners’ Associations, Timeshares, and Mobile Homes of the
 1172  Department of Business and Professional Regulation.
 1173         Section 18. Paragraph (d) of subsection (2) and subsection
 1174  (3) of section 326.006, Florida Statutes, is amended to read:
 1175         326.006 Powers and duties of division.—
 1176         (2) The division has the power to enforce and ensure
 1177  compliance with the provisions of this chapter and rules adopted
 1178  under this chapter relating to the sale and ownership of yachts
 1179  and ships. In performing its duties, the division has the
 1180  following powers and duties:
 1181         (d) Notwithstanding any remedies available to a yacht or
 1182  ship purchaser, if the division has reasonable cause to believe
 1183  that a violation of any provision of this chapter or rule
 1184  adopted under this chapter has occurred, the division may
 1185  institute enforcement proceedings in its own name against any
 1186  broker or salesperson or any of his or her assignees or agents,
 1187  or against any unlicensed person or any of his or her assignees
 1188  or agents, as follows:
 1189         1. The division may permit a person whose conduct or
 1190  actions are under investigation to waive formal proceedings and
 1191  enter into a consent proceeding whereby orders, rules, or
 1192  letters of censure or warning, whether formal or informal, may
 1193  be entered against the person.
 1194         2. The division may issue an order requiring the broker or
 1195  salesperson or any of his or her assignees or agents, or
 1196  requiring any unlicensed person or any of his or her assignees
 1197  or agents, to cease and desist from the unlawful practice and
 1198  take such affirmative action as in the judgment of the division
 1199  will carry out the purposes of this chapter.
 1200         3. The division may bring an action in circuit court on
 1201  behalf of a class of yacht or ship purchasers for declaratory
 1202  relief, injunctive relief, or restitution.
 1203         4. The division may impose a civil penalty against a broker
 1204  or salesperson or any of his or her assignees or agents, or
 1205  against an unlicensed person or any of his or her assignees or
 1206  agents, for any violation of this chapter or a rule adopted
 1207  under this chapter. A penalty may be imposed for each day of
 1208  continuing violation, but in no event may the penalty for any
 1209  offense exceed $10,000. All amounts collected must be deposited
 1210  with the Chief Financial Officer to the credit of the Division
 1211  of Florida Condominiums, Homeowners’ Associations, Timeshares,
 1212  and Mobile Homes Trust Fund. If a broker, salesperson, or
 1213  unlicensed person working for a broker, fails to pay the civil
 1214  penalty, the division shall issue an order suspending the
 1215  broker’s license until such time as the civil penalty is paid or
 1216  may pursue enforcement of the penalty in a court of competent
 1217  jurisdiction. The order imposing the civil penalty or the order
 1218  of suspension is may not become effective until 20 days after
 1219  the date of such order. Any action commenced by the division
 1220  must be brought in the county in which the division has its
 1221  executive offices or in the county where the violation occurred.
 1222         (3) All fees must be deposited in the Division of Florida
 1223  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
 1224  Homes Trust Fund as provided by law.
 1225         Section 19. Paragraph (a) of subsection (4) of section
 1226  380.0651, Florida Statutes, is amended to read:
 1227         380.0651 Statewide guidelines and standards.—
 1228         (4) Two or more developments, represented by their owners
 1229  or developers to be separate developments, shall be aggregated
 1230  and treated as a single development under this chapter when they
 1231  are determined to be part of a unified plan of development and
 1232  are physically proximate to one other.
 1233         (a) The criteria of three of the following subparagraphs
 1234  must be met in order for the state land planning agency to
 1235  determine that there is a unified plan of development:
 1236         1.a. The same person has retained or shared control of the
 1237  developments;
 1238         b. The same person has ownership or a significant legal or
 1239  equitable interest in the developments; or
 1240         c. There is common management of the developments
 1241  controlling the form of physical development or disposition of
 1242  parcels of the development.
 1243         2. There is a reasonable closeness in time between the
 1244  completion of 80 percent or less of one development and the
 1245  submission to a governmental agency of a master plan or series
 1246  of plans or drawings for the other development which is
 1247  indicative of a common development effort.
 1248         3. A master plan or series of plans or drawings exists
 1249  covering the developments sought to be aggregated which have
 1250  been submitted to a local general-purpose government, water
 1251  management district, the Florida Department of Environmental
 1252  Protection, or the Division of Florida Condominiums, Homeowners’
 1253  Associations, Timeshares, and Mobile Homes for authorization to
 1254  commence development. The existence or implementation of a
 1255  utility’s master utility plan required by the Public Service
 1256  Commission or general-purpose local government or a master
 1257  drainage plan may shall not be the sole determinant of the
 1258  existence of a master plan.
 1259         4. There is a common advertising scheme or promotional plan
 1260  in effect for the developments sought to be aggregated.
 1261         Section 20. Subsection (5) of section 455.116, Florida
 1262  Statutes, is amended to read:
 1263         455.116 Regulation trust funds.—The following trust funds
 1264  shall be placed in the department:
 1265         (5) Division of Florida Condominiums, Homeowners’
 1266  Associations, Timeshares, and Mobile Homes Trust Fund.
 1267         Section 21. Section 475.455, Florida Statutes, is amended
 1268  to read:
 1269         475.455 Exchange of disciplinary information.—The
 1270  commission shall inform the Division of Florida Condominiums,
 1271  Homeowners’ Associations, Timeshares, and Mobile Homes of the
 1272  department of Business and Professional Regulation of any
 1273  disciplinary action the commission has taken against any of its
 1274  licensees. The division shall inform the commission of any
 1275  disciplinary action the division has taken against any broker or
 1276  sales associate registered with the division.
 1277         Section 22. Section 509.512, Florida Statutes, is amended
 1278  to read:
 1279         509.512 Timeshare plan developer and exchange company
 1280  exemption.—Sections 509.501-509.511 do not apply to a developer
 1281  of a timeshare plan or an exchange company approved by the
 1282  Division of Florida Condominiums, Homeowners’ Associations,
 1283  Timeshares, and Mobile Homes pursuant to chapter 721, unless but
 1284  only to the extent that the developer or exchange company
 1285  engages in conduct regulated under chapter 721.
 1286         Section 23. Subsection (17) of section 718.103, Florida
 1287  Statutes, is amended to read:
 1288         718.103 Definitions.—As used in this chapter, the term:
 1289         (17) “Division” means the Division of Florida Condominiums,
 1290  Homeowners’ Associations, Timeshares, and Mobile Homes of the
 1291  Department of Business and Professional Regulation.
 1292         Section 24. Paragraph (c) of subsection (4) of section
 1293  718.105, Florida Statutes, is amended to read:
 1294         718.105 Recording of declaration.—
 1295         (4)
 1296         (c) If the sum of money held by the clerk has not been paid
 1297  to the developer or association as provided in paragraph (b)
 1298  within 3 years after the date the declaration was originally
 1299  recorded, the clerk may notify, in writing, the registered agent
 1300  of the association that the sum is still available and the
 1301  purpose for which it was deposited. If the association does not
 1302  record the certificate within 90 days after the clerk has given
 1303  the notice, the clerk may disburse the money to the developer.
 1304  If the developer cannot be located, the clerk shall disburse the
 1305  money to the Division of Florida Condominiums, Homeowners’
 1306  Associations, Timeshares, and Mobile Homes for deposit in the
 1307  Division of Florida Condominiums, Homeowners’ Associations,
 1308  Timeshares, and Mobile Homes Trust Fund.
 1309         Section 25. Subsection (4) of section 718.1255, Florida
 1310  Statutes, is amended to read:
 1311         718.1255 Alternative dispute resolution; voluntary
 1312  mediation; mandatory nonbinding arbitration; legislative
 1313  findings.—
 1314         (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
 1315  DISPUTES.—The division of Florida Condominiums, Timeshares, and
 1316  Mobile Homes of the Department of Business and Professional
 1317  Regulation shall employ full-time attorneys to act as
 1318  arbitrators to conduct the arbitration hearings under provided
 1319  by this chapter. The division may also certify attorneys who are
 1320  not employed by the division to act as arbitrators to conduct
 1321  the arbitration hearings provided by this section. No person may
 1322  be employed by the department as a full-time arbitrator unless
 1323  he or she is a member in good standing of The Florida Bar. The
 1324  department shall adopt rules of procedure to govern such
 1325  arbitration hearings including mediation incident thereto. The
 1326  decision of an arbitrator is shall be final; however, a decision
 1327  may shall not be deemed final agency action. Nothing in This
 1328  provision does not shall be construed to foreclose parties from
 1329  proceeding in a trial de novo unless the parties have agreed
 1330  that the arbitration is binding. If judicial proceedings are
 1331  initiated, the final decision of the arbitrator is shall be
 1332  admissible in evidence in the trial de novo.
 1333         (a) Before Prior to the institution of court litigation, a
 1334  party to a dispute shall petition the division for nonbinding
 1335  arbitration. The petition must be accompanied by a filing fee in
 1336  the amount of $50. Filing fees collected under this section must
 1337  be used to defray the expenses of the alternative dispute
 1338  resolution program.
 1339         (b) The petition must recite, and have attached thereto,
 1340  supporting proof that the petitioner gave the respondents:
 1341         1. Advance written notice of the specific nature of the
 1342  dispute;
 1343         2. A demand for relief, and a reasonable opportunity to
 1344  comply or to provide the relief; and
 1345         3. Notice of the intention to file an arbitration petition
 1346  or other legal action in the absence of a resolution of the
 1347  dispute.
 1348  
 1349  Failure to include the allegations or proof of compliance with
 1350  these prerequisites requires dismissal of the petition without
 1351  prejudice.
 1352         (c) Upon receipt, the petition shall be promptly reviewed
 1353  by the division to determine the existence of a dispute and
 1354  compliance with the requirements of paragraphs (a) and (b). If
 1355  emergency relief is required and is not available through
 1356  arbitration, a motion to stay the arbitration may be filed. The
 1357  motion must be accompanied by a verified petition alleging facts
 1358  that, if proven, would support entry of a temporary injunction,
 1359  and if an appropriate motion and supporting papers are filed,
 1360  the division may abate the arbitration pending a court hearing
 1361  and disposition of a motion for temporary injunction.
 1362         (d) Upon determination by the division that a dispute
 1363  exists and that the petition substantially meets the
 1364  requirements of paragraphs (a) and (b) and any other applicable
 1365  rules, a copy of the petition shall be served by the division
 1366  upon all respondents.
 1367         (e) Before or after the filing of the respondents’ answer
 1368  to the petition, any party may request that the arbitrator refer
 1369  the case to mediation under this section and any rules adopted
 1370  by the division. Upon receipt of a request for mediation, the
 1371  division shall promptly contact the parties to determine if
 1372  there is agreement that mediation would be appropriate. If all
 1373  parties agree, the dispute must be referred to mediation.
 1374  Notwithstanding a lack of an agreement by all parties, the
 1375  arbitrator may refer a dispute to mediation at any time.
 1376         (f) Upon referral of a case to mediation, the parties must
 1377  select a mutually acceptable mediator. To assist in the
 1378  selection, the arbitrator shall provide the parties with a list
 1379  of both volunteer and paid mediators that have been certified by
 1380  the division under s. 718.501. If the parties are unable to
 1381  agree on a mediator within the time allowed by the arbitrator,
 1382  the arbitrator shall appoint a mediator from the list of
 1383  certified mediators. If a case is referred to mediation, the
 1384  parties shall attend a mediation conference, as scheduled by the
 1385  parties and the mediator. If any party fails to attend a duly
 1386  noticed mediation conference, without the permission or approval
 1387  of the arbitrator or mediator, the arbitrator must impose
 1388  sanctions against the party, including the striking of any
 1389  pleadings filed, the entry of an order of dismissal or default
 1390  if appropriate, and the award of costs and attorneys’ fees
 1391  incurred by the other parties. Unless otherwise agreed to by the
 1392  parties or as provided by order of the arbitrator, a party is
 1393  deemed to have appeared at a mediation conference by the
 1394  physical presence of the party or its representative having full
 1395  authority to settle without further consultation if, provided
 1396  that an association may comply by having one or more
 1397  representatives present with full authority to negotiate a
 1398  settlement and recommend that the board of administration ratify
 1399  and approve such a settlement within 5 days after from the date
 1400  of the mediation conference. The parties shall share equally the
 1401  expense of mediation, unless they agree otherwise.
 1402         (g) The purpose of mediation as provided for by this
 1403  section is to present the parties with an opportunity to resolve
 1404  the underlying dispute in good faith, and with a minimum
 1405  expenditure of time and resources.
 1406         (h) Mediation proceedings must generally be conducted in
 1407  accordance with the Florida Rules of Civil Procedure, and these
 1408  proceedings are privileged and confidential to the same extent
 1409  as court-ordered mediation. Persons who are not parties to the
 1410  dispute may are not allowed to attend the mediation conference
 1411  without the consent of all parties, except for with the
 1412  exception of counsel for the parties and corporate
 1413  representatives designated to appear for a party. If the
 1414  mediator declares an impasse after a mediation conference has
 1415  been held, the arbitration proceeding terminates, unless all
 1416  parties agree in writing to continue the arbitration proceeding,
 1417  in which case the arbitrator’s decision shall be binding or
 1418  nonbinding, as agreed upon by the parties; in the arbitration
 1419  proceeding, the arbitrator may shall not consider any evidence
 1420  relating to the unsuccessful mediation except in a proceeding to
 1421  impose sanctions for failure to appear at the mediation
 1422  conference. If the parties do not agree to continue arbitration,
 1423  the arbitrator shall enter an order of dismissal, and either
 1424  party may institute a suit in a court of competent jurisdiction.
 1425  The parties may seek to recover any costs and attorneys’ fees
 1426  incurred in connection with arbitration and mediation
 1427  proceedings under this section as part of the costs and fees
 1428  that may be recovered by the prevailing party in any subsequent
 1429  litigation.
 1430         (i) Arbitration shall be conducted according to rules
 1431  adopted by the division. The filing of a petition for
 1432  arbitration tolls shall toll the applicable statute of
 1433  limitations.
 1434         (j) At the request of any party to the arbitration, the
 1435  arbitrator shall issue subpoenas for the attendance of witnesses
 1436  and the production of books, records, documents, and other
 1437  evidence and any party on whose behalf a subpoena is issued may
 1438  apply to the court for orders compelling such attendance and
 1439  production. Subpoenas shall be served and are shall be
 1440  enforceable in the manner provided by the Florida Rules of Civil
 1441  Procedure. Discovery may, in the discretion of the arbitrator,
 1442  be permitted in the manner provided by the Florida Rules of
 1443  Civil Procedure. Rules adopted by the division may authorize any
 1444  reasonable sanctions except contempt for a violation of the
 1445  arbitration procedural rules of the division or for the failure
 1446  of a party to comply with a reasonable nonfinal order issued by
 1447  an arbitrator which is not under judicial review.
 1448         (k) The arbitration decision shall be presented to the
 1449  parties in writing. An arbitration decision is final in those
 1450  disputes in which the parties have agreed to be bound. An
 1451  arbitration decision is also final if a complaint for a trial de
 1452  novo is not filed in a court of competent jurisdiction in which
 1453  the condominium is located within 30 days. The right to file for
 1454  a trial de novo entitles the parties to file a complaint in the
 1455  appropriate trial court for a judicial resolution of the
 1456  dispute. The prevailing party in an arbitration proceeding shall
 1457  be awarded the costs of the arbitration and reasonable attorney
 1458  attorney’s fees in an amount determined by the arbitrator. Such
 1459  an award shall include the costs and reasonable attorney
 1460  attorney’s fees incurred in the arbitration proceeding as well
 1461  as the costs and reasonable attorney attorney’s fees incurred in
 1462  preparing for and attending any scheduled mediation.
 1463         (l) The party who files a complaint for a trial de novo
 1464  shall be assessed the other party’s arbitration costs, court
 1465  costs, and other reasonable costs, including attorney attorney’s
 1466  fees, investigation expenses, and expenses for expert or other
 1467  testimony or evidence incurred after the arbitration hearing if
 1468  the judgment upon the trial de novo is not more favorable than
 1469  the arbitration decision. If the judgment is more favorable, the
 1470  party who filed a complaint for trial de novo shall be awarded
 1471  reasonable court costs and attorney attorney’s fees.
 1472         (m) Any party to an arbitration proceeding may enforce an
 1473  arbitration award by filing a petition in a court of competent
 1474  jurisdiction in which the condominium is located. A petition may
 1475  not be granted unless the time for appeal by the filing of a
 1476  complaint for trial de novo has expired. If a complaint for a
 1477  trial de novo has been filed, a petition may not be granted with
 1478  respect to an arbitration award that has been stayed. If the
 1479  petition for enforcement is granted, the petitioner shall
 1480  recover reasonable attorney attorney’s fees and costs incurred
 1481  in enforcing the arbitration award. A mediation settlement may
 1482  also be enforced through the county or circuit court, as
 1483  applicable, and any costs and fees incurred in the enforcement
 1484  of a settlement agreement reached at mediation must be awarded
 1485  to the prevailing party in any enforcement action.
 1486         Section 26. Section 718.501, Florida Statutes, is amended
 1487  to read:
 1488         718.501 Authority, responsibility, and duties of the
 1489  division of Florida Condominiums, Timeshares, and Mobile Homes.—
 1490         (1) The division may enforce and ensure compliance with the
 1491  provisions of this chapter and rules relating to the
 1492  development, construction, sale, lease, ownership, operation,
 1493  and management of residential condominium units. In performing
 1494  its duties, the division has complete jurisdiction to
 1495  investigate complaints and enforce compliance with respect to
 1496  associations that are still under developer control or the
 1497  control of a bulk assignee or bulk buyer pursuant to part VII of
 1498  this chapter and complaints against developers, bulk assignees,
 1499  or bulk buyers involving improper turnover or failure to
 1500  turnover, pursuant to s. 718.301. However, after turnover has
 1501  occurred, the division has jurisdiction to investigate
 1502  complaints related only to financial issues, elections, and unit
 1503  owner access to association records pursuant to s. 718.111(12).
 1504         (a)1. The division may make necessary public or private
 1505  investigations within or outside this state to determine whether
 1506  any person has violated this chapter or any rule or order
 1507  hereunder, to aid in the enforcement of this chapter, or to aid
 1508  in the adoption of rules or forms.
 1509         2. The division may submit any official written report,
 1510  worksheet, or other related paper, or a duly certified copy
 1511  thereof, compiled, prepared, drafted, or otherwise made by and
 1512  duly authenticated by a financial examiner or analyst to be
 1513  admitted as competent evidence in any hearing in which the
 1514  financial examiner or analyst is available for cross-examination
 1515  and attests under oath that such documents were prepared as a
 1516  result of an examination or inspection conducted pursuant to
 1517  this chapter.
 1518         (b) The division may require or permit any person to file a
 1519  statement in writing, under oath or otherwise, as the division
 1520  determines, as to the facts and circumstances concerning a
 1521  matter to be investigated.
 1522         (c) For the purpose of any investigation under this
 1523  chapter, the division director or any officer or employee
 1524  designated by the division director may administer oaths or
 1525  affirmations, subpoena witnesses and compel their attendance,
 1526  take evidence, and require the production of any matter that
 1527  which is relevant to the investigation, including the existence,
 1528  description, nature, custody, condition, and location of any
 1529  books, documents, or other tangible things and the identity and
 1530  location of persons having knowledge of relevant facts or any
 1531  other matter reasonably calculated to lead to the discovery of
 1532  material evidence. Upon the failure by a person to obey a
 1533  subpoena or to answer questions propounded by the investigating
 1534  officer and upon reasonable notice to all affected persons, the
 1535  division may apply to the circuit court for an order compelling
 1536  compliance.
 1537         (d) Notwithstanding any remedies available to unit owners
 1538  and associations, if the division has reasonable cause to
 1539  believe that a violation of any provision of this chapter or
 1540  related rule has occurred, the division may institute
 1541  enforcement proceedings in its own name against any developer,
 1542  bulk assignee, bulk buyer, association, officer, or member of
 1543  the board of administration, or its assignees or agents, as
 1544  follows:
 1545         1. The division may permit a person whose conduct or
 1546  actions may be under investigation to waive formal proceedings
 1547  and enter into a consent proceeding whereby orders, rules, or
 1548  letters of censure or warning, whether formal or informal, may
 1549  be entered against the person.
 1550         2. The division may issue an order requiring the developer,
 1551  bulk assignee, bulk buyer, association, developer-designated
 1552  officer, or developer-designated member of the board of
 1553  administration, developer-designated assignees or agents, bulk
 1554  assignee-designated assignees or agents, bulk buyer-designated
 1555  assignees or agents, community association manager, or community
 1556  association management firm to cease and desist from the
 1557  unlawful practice and take such affirmative action as in the
 1558  judgment of the division carry out the purposes of this chapter.
 1559  If the division finds that a developer, bulk assignee, bulk
 1560  buyer, association, officer, or member of the board of
 1561  administration, or its assignees or agents, is violating or is
 1562  about to violate any provision of this chapter, any rule adopted
 1563  or order issued by the division, or any written agreement
 1564  entered into with the division, and presents an immediate danger
 1565  to the public requiring an immediate final order, it may issue
 1566  an emergency cease and desist order reciting with particularity
 1567  the facts underlying such findings. The emergency cease and
 1568  desist order is effective for 90 days. If the division begins
 1569  nonemergency cease and desist proceedings, the emergency cease
 1570  and desist order remains effective until the conclusion of the
 1571  proceedings under ss. 120.569 and 120.57.
 1572         3. If a developer, bulk assignee, or bulk buyer, fails to
 1573  pay any restitution determined by the division to be owed, plus
 1574  any accrued interest at the highest rate permitted by law,
 1575  within 30 days after expiration of any appellate time period of
 1576  a final order requiring payment of restitution or the conclusion
 1577  of any appeal thereof, whichever is later, the division must
 1578  bring an action in circuit or county court on behalf of any
 1579  association, class of unit owners, lessees, or purchasers for
 1580  restitution, declaratory relief, injunctive relief, or any other
 1581  available remedy. The division may also temporarily revoke its
 1582  acceptance of the filing for the developer to which the
 1583  restitution relates until payment of restitution is made.
 1584         4. The division may petition the court for appointment of a
 1585  receiver or conservator. If appointed, the receiver or
 1586  conservator may take action to implement the court order to
 1587  ensure the performance of the order and to remedy any breach
 1588  thereof. In addition to all other means provided by law for the
 1589  enforcement of an injunction or temporary restraining order, the
 1590  circuit court may impound or sequester the property of a party
 1591  defendant, including books, papers, documents, and related
 1592  records, and allow the examination and use of the property by
 1593  the division and a court-appointed receiver or conservator.
 1594         5. The division may apply to the circuit court for an order
 1595  of restitution whereby the defendant in an action brought
 1596  pursuant to subparagraph 4. is ordered to make restitution of
 1597  those sums shown by the division to have been obtained by the
 1598  defendant in violation of this chapter. At the option of the
 1599  court, such restitution is payable to the conservator or
 1600  receiver appointed pursuant to subparagraph 4. or directly to
 1601  the persons whose funds or assets were obtained in violation of
 1602  this chapter.
 1603         6. The division may impose a civil penalty against a
 1604  developer, bulk assignee, or bulk buyer, or association, or its
 1605  assignee or agent, for any violation of this chapter or related
 1606  rule. The division may impose a civil penalty individually
 1607  against an officer or board member who willfully and knowingly
 1608  violates a provision of this chapter, adopted rule, or a final
 1609  order of the division; may order the removal of such individual
 1610  as an officer or from the board of administration or as an
 1611  officer of the association; and may prohibit such individual
 1612  from serving as an officer or on the board of a community
 1613  association for a period of time. The term “willfully and
 1614  knowingly” means that the division informed the officer or board
 1615  member that his or her action or intended action violates this
 1616  chapter, a rule adopted under this chapter, or a final order of
 1617  the division and that the officer or board member refused to
 1618  comply with the requirements of this chapter, a rule adopted
 1619  under this chapter, or a final order of the division. The
 1620  division, before initiating formal agency action under chapter
 1621  120, must afford the officer or board member an opportunity to
 1622  voluntarily comply, and an officer or board member who complies
 1623  within 10 days is not subject to a civil penalty. A penalty may
 1624  be imposed on the basis of each day of continuing violation, but
 1625  the penalty for any offense may not exceed a total of $5,000. By
 1626  January 1, 1998, the division shall adopt, by rule, penalty
 1627  guidelines applicable to possible violations or to categories of
 1628  violations of this chapter or rules adopted by the division. The
 1629  guidelines must specify a meaningful range of civil penalties
 1630  for each such violation of the statute and rules and must be
 1631  based upon the harm caused by the violation, the repetition of
 1632  the violation, and upon such other factors deemed relevant by
 1633  the division such as. For example, the division may consider
 1634  whether the violations were committed by a developer, bulk
 1635  assignee, or bulk buyer, or owner-controlled association, the
 1636  size of the association, and other factors. The guidelines must
 1637  designate the possible mitigating or aggravating circumstances
 1638  that justify a departure from the range of penalties provided by
 1639  the rules. It is the Legislature’s legislative intent that minor
 1640  violations be distinguished from those that which endanger the
 1641  health, safety, or welfare of the condominium residents or other
 1642  persons and that such guidelines provide reasonable and
 1643  meaningful notice to the public of likely penalties that may be
 1644  imposed for proscribed conduct. This subsection does not limit
 1645  the ability of the division to informally dispose of
 1646  administrative actions or complaints by stipulation, agreed
 1647  settlement, or consent order. All amounts collected shall be
 1648  deposited with the Chief Financial Officer to the credit of the
 1649  Division of Florida Condominiums, Homeowners’ Associations,
 1650  Timeshares, and Mobile Homes Trust Fund. If a developer, bulk
 1651  assignee, or bulk buyer fails to pay the civil penalty and the
 1652  amount deemed to be owed to the association, the division shall
 1653  issue an order directing that such developer, bulk assignee, or
 1654  bulk buyer cease and desist from further operation until such
 1655  time as the civil penalty is paid or may pursue enforcement of
 1656  the penalty in a court of competent jurisdiction. If an
 1657  association fails to pay the civil penalty, the division shall
 1658  pursue enforcement in a court of competent jurisdiction, and the
 1659  order imposing the civil penalty or the cease and desist order
 1660  is not effective until 20 days after the date of such order. Any
 1661  action commenced by the division shall be brought in the county
 1662  in which the division has its executive offices or in the county
 1663  where the violation occurred.
 1664         7. If a unit owner presents the division with proof that
 1665  the unit owner has requested access to official records in
 1666  writing by certified mail, and that after 10 days the unit owner
 1667  again made the same request for access to official records in
 1668  writing by certified mail, and that more than 10 days has
 1669  elapsed since the second request and the association has still
 1670  failed or refused to provide access to official records as
 1671  required by this chapter, the division shall issue a subpoena
 1672  requiring production of the requested records where the records
 1673  are kept pursuant to s. 718.112.
 1674         8. In addition to subparagraph 6., the division may seek
 1675  the imposition of a civil penalty through the circuit court for
 1676  any violation for which the division may issue a notice to show
 1677  cause under paragraph (r). The civil penalty shall be at least
 1678  $500 but no more than $5,000 for each violation. The court may
 1679  also award to the prevailing party court costs and reasonable
 1680  attorney attorney’s fees and, if the division prevails, may also
 1681  award reasonable costs of investigation.
 1682         (e) The division may prepare and disseminate a prospectus
 1683  and other information to assist prospective owners, purchasers,
 1684  lessees, and developers of residential condominiums in assessing
 1685  the rights, privileges, and related duties pertaining thereto.
 1686         (f) The division may adopt rules to administer and enforce
 1687  the provisions of this chapter.
 1688         (g) The division shall establish procedures for providing
 1689  notice to an association and the developer, bulk assignee, or
 1690  bulk buyer during the period in which the developer, bulk
 1691  assignee, or bulk buyer controls the association if the division
 1692  is considering the issuance of a declaratory statement with
 1693  respect to the declaration of condominium or any related
 1694  document governing such condominium community.
 1695         (h) The division shall furnish each association that pays
 1696  the fees required by paragraph (2)(a) a copy of this chapter, as
 1697  amended, and the rules adopted thereto on an annual basis.
 1698         (i) The division shall annually provide each association
 1699  with a summary of declaratory statements and formal legal
 1700  opinions relating to the operations of condominiums which were
 1701  rendered by the division during the previous year.
 1702         (j) The division shall provide training and educational
 1703  programs for condominium association board members and unit
 1704  owners. The training may, in the division’s discretion, include
 1705  web-based electronic media, and live training and seminars in
 1706  various locations throughout the state. The division may review
 1707  and approve education and training programs for board members
 1708  and unit owners offered by providers and shall maintain a
 1709  current list of approved programs and providers and make such
 1710  list available to board members and unit owners in a reasonable
 1711  and cost-effective manner.
 1712         (k) The division shall maintain a toll-free telephone
 1713  number accessible to condominium unit owners.
 1714         (l) The division shall develop a program to certify both
 1715  volunteer and paid mediators to provide mediation of condominium
 1716  disputes. The division shall provide, upon request, a list of
 1717  such mediators to any association, unit owner, or other
 1718  participant in arbitration proceedings under s. 718.1255
 1719  requesting a copy of the list. The division shall include on the
 1720  list of volunteer mediators only the names of persons who have
 1721  received at least 20 hours of training in mediation techniques
 1722  or who have mediated at least 20 disputes. In order to become
 1723  initially certified by the division, paid mediators must be
 1724  certified by the Supreme Court to mediate court cases in county
 1725  or circuit courts. However, the division may adopt, by rule,
 1726  additional factors for the certification of paid mediators,
 1727  which must be related to experience, education, or background.
 1728  Any person initially certified as a paid mediator by the
 1729  division must, in order to continue to be certified, comply with
 1730  the factors or requirements adopted by rule.
 1731         (m) If a complaint is made, the division must conduct its
 1732  inquiry with due regard for the interests of the affected
 1733  parties. Within 30 days after receipt of a complaint, the
 1734  division shall acknowledge the complaint in writing and notify
 1735  the complainant whether the complaint is within the jurisdiction
 1736  of the division and whether additional information is needed by
 1737  the division from the complainant. The division shall conduct
 1738  its investigation and, within 90 days after receipt of the
 1739  original complaint or of timely requested additional
 1740  information, take action upon the complaint. However, the
 1741  failure to complete the investigation within 90 days does not
 1742  prevent the division from continuing the investigation,
 1743  accepting or considering evidence obtained or received after 90
 1744  days, or taking administrative action if reasonable cause exists
 1745  to believe that a violation of this chapter or a rule has
 1746  occurred. If an investigation is not completed within the time
 1747  limits established in this paragraph, the division shall, on a
 1748  monthly basis, notify the complainant in writing of the status
 1749  of the investigation. When reporting its action to the
 1750  complainant, the division shall inform the complainant of any
 1751  right to a hearing pursuant to ss. 120.569 and 120.57.
 1752         (n) Condominium association directors, officers, and
 1753  employees; condominium developers; bulk assignees, bulk buyers,
 1754  and community association managers; and community association
 1755  management firms have an ongoing duty to reasonably cooperate
 1756  with the division in any investigation pursuant to this section.
 1757  The division shall refer to local law enforcement authorities
 1758  any person whom the division believes has altered, destroyed,
 1759  concealed, or removed any record, document, or thing required to
 1760  be kept or maintained by this chapter in order with the purpose
 1761  to impair its verity or availability in the department’s
 1762  investigation.
 1763         (o) The division may:
 1764         1. Contract with agencies in this state or other
 1765  jurisdictions to perform investigative functions; or
 1766         2. Accept grants-in-aid from any source.
 1767         (p) The division shall cooperate with similar agencies in
 1768  other jurisdictions to establish uniform filing procedures and
 1769  forms, public offering statements, advertising standards, and
 1770  rules and common administrative practices.
 1771         (q) The division shall consider notice to a developer, bulk
 1772  assignee, or bulk buyer to be complete when it is delivered to
 1773  the address of the developer, bulk assignee, or bulk buyer
 1774  currently on file with the division.
 1775         (r) In addition to its enforcement authority, the division
 1776  may issue a notice to show cause, which must provide for a
 1777  hearing, upon written request, in accordance with chapter 120.
 1778         (s) The division shall submit to the Governor, the
 1779  President of the Senate, the Speaker of the House of
 1780  Representatives, and the chairs of the legislative
 1781  appropriations committees an annual report that includes, but is
 1782  need not be limited to, the number of training programs provided
 1783  for condominium association board members and unit owners, the
 1784  number of complaints received by type, the number and percent of
 1785  complaints acknowledged in writing within 30 days and the number
 1786  and percent of investigations acted upon within 90 days in
 1787  accordance with paragraph (m), and the number of investigations
 1788  exceeding the 90-day requirement. The annual report must also
 1789  include an evaluation of the division’s core business processes
 1790  and make recommendations for improvements, including statutory
 1791  changes. The report shall be submitted by September 30 following
 1792  the end of the fiscal year.
 1793         (2)(a) Each condominium association that which operates
 1794  more than two units shall pay to the division an annual fee in
 1795  the amount of $4 for each residential unit in condominiums
 1796  operated by the association. If the fee is not paid by March 1,
 1797  the association shall be assessed a penalty of 10 percent of the
 1798  amount due, and the association will not have standing to
 1799  maintain or defend any action in the courts of this state until
 1800  the amount due, plus any penalty, is paid.
 1801         (b) All fees shall be deposited in the Division of Florida
 1802  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
 1803  Homes Trust Fund as provided by law.
 1804         Section 27. Subsection (1) of section 718.5011, Florida
 1805  Statutes, is amended to read:
 1806         718.5011 Ombudsman; appointment; administration.—
 1807         (1) There is created An Office of the Condominium Ombudsman
 1808  is created. The office shall, to be located for administrative
 1809  purposes within the division of Florida Condominiums,
 1810  Timeshares, and Mobile Homes. The functions of the office shall
 1811  be funded by the Division of Florida Condominiums, Homeowners’
 1812  Associations, Timeshares, and Mobile Homes Trust Fund. The
 1813  ombudsman shall be a bureau chief of the division, and the
 1814  office shall be set within the division in the same manner as
 1815  any other bureau is staffed and funded.
 1816         Section 28. Paragraph (a) of subsection (2) of section
 1817  718.502, Florida Statutes, is amended to read:
 1818         718.502 Filing prior to sale or lease.—
 1819         (2)(a) Prior to filing as required by subsection (1), and
 1820  before prior to acquiring an ownership, leasehold, or
 1821  contractual interest in the land upon which the condominium is
 1822  to be developed, a developer may shall not offer a contract for
 1823  purchase of a unit or lease of a unit for more than 5 years.
 1824  However, the developer may accept deposits for reservations upon
 1825  the approval of a fully executed escrow agreement and
 1826  reservation agreement form properly filed with the division of
 1827  Florida Condominiums, Timeshares, and Mobile Homes. Each filing
 1828  of a proposed reservation program must shall be accompanied by a
 1829  filing fee of $250. Reservations may shall not be taken on a
 1830  proposed condominium unless the developer has an ownership,
 1831  leasehold, or contractual interest in the land upon which the
 1832  condominium is to be developed. The division shall notify the
 1833  developer within 20 days after of receipt of the reservation
 1834  filing of any deficiencies contained therein. Such notification
 1835  does shall not preclude the determination of reservation filing
 1836  deficiencies at a later date, nor shall it relieve the developer
 1837  of any responsibility under the law. The escrow agreement and
 1838  the reservation agreement form must shall include a statement of
 1839  the right of the prospective purchaser to an immediate
 1840  unqualified refund of the reservation deposit moneys upon
 1841  written request to the escrow agent by the prospective purchaser
 1842  or the developer.
 1843         Section 29. Paragraph (a) of subsection (2) of section
 1844  718.503, Florida Statutes, is amended to read:
 1845         718.503 Developer disclosure prior to sale; nondeveloper
 1846  unit owner disclosure prior to sale; voidability.—
 1847         (2) NONDEVELOPER DISCLOSURE.—
 1848         (a) Each unit owner who is not a developer as defined by
 1849  this chapter must shall comply with the provisions of this
 1850  subsection before prior to the sale of his or her unit. Each
 1851  prospective purchaser who has entered into a contract for the
 1852  purchase of a condominium unit is entitled, at the seller’s
 1853  expense, to a current copy of the declaration of condominium,
 1854  articles of incorporation of the association, bylaws and rules
 1855  of the association, financial information required by s.
 1856  718.111, and the document entitled “Frequently Asked Questions
 1857  and Answers” required by s. 718.504. On and after January 1,
 1858  2009, the prospective purchaser is shall also be entitled to
 1859  receive from the seller a copy of a governance form. Such form
 1860  shall be provided by the division summarizing governance of
 1861  condominium associations. In addition to such other information
 1862  as the division considers helpful to a prospective purchaser in
 1863  understanding association governance, the governance form must
 1864  shall address the following subjects:
 1865         1. The role of the board in conducting the day-to-day
 1866  affairs of the association on behalf of, and in the best
 1867  interests of, the owners.
 1868         2. The board’s responsibility to provide advance notice of
 1869  board and membership meetings.
 1870         3. The rights of owners to attend and speak at board and
 1871  membership meetings.
 1872         4. The responsibility of the board and of owners with
 1873  respect to maintenance of the condominium property.
 1874         5. The responsibility of the board and owners to abide by
 1875  the condominium documents, this chapter, rules adopted by the
 1876  division, and reasonable rules adopted by the board.
 1877         6. Owners’ rights to inspect and copy association records
 1878  and the limitations on such rights.
 1879         7. Remedies available to owners with respect to actions by
 1880  the board which may be abusive or beyond the board’s power and
 1881  authority.
 1882         8. The right of the board to hire a property management
 1883  firm, subject to its own primary responsibility for such
 1884  management.
 1885         9. The responsibility of owners with regard to payment of
 1886  regular or special assessments necessary for the operation of
 1887  the property and the potential consequences of failure to pay
 1888  such assessments.
 1889         10. The voting rights of owners.
 1890         11. Rights and obligations of the board in enforcement of
 1891  rules in the condominium documents and rules adopted by the
 1892  board.
 1893  
 1894  The governance form must shall also include the following
 1895  statement in conspicuous type: “This publication is intended as
 1896  an informal educational overview of condominium governance. In
 1897  the event of a conflict, the provisions of chapter 718, Florida
 1898  Statutes, rules adopted by the Division of Florida Condominiums,
 1899  Homeowners’ Associations, Timeshares, and Mobile Homes of the
 1900  Department of Business and Professional Regulation, the
 1901  provisions of the condominium documents, and reasonable rules
 1902  adopted by the condominium association’s board of administration
 1903  prevail over the contents of this publication.”
 1904         Section 30. Section 718.504, Florida Statutes, is amended
 1905  to read:
 1906         718.504 Prospectus or offering circular.—Every developer of
 1907  a residential condominium that which contains more than 20
 1908  residential units, or that which is part of a group of
 1909  residential condominiums that which will be served by property
 1910  to be used in common by unit owners of more than 20 residential
 1911  units, shall prepare a prospectus or offering circular and file
 1912  it with the division before of Florida Condominiums, Timeshares,
 1913  and Mobile Homes prior to entering into an enforceable contract
 1914  of purchase and sale of any unit or lease of a unit for more
 1915  than 5 years and shall furnish a copy of the prospectus or
 1916  offering circular to each buyer. In addition to the prospectus
 1917  or offering circular, each buyer shall be furnished a separate
 1918  page entitled “Frequently Asked Questions and Answers,” which is
 1919  shall be in accordance with a format approved by the division,
 1920  and a copy of the financial information required by s. 718.111.
 1921  This page shall, in readable language, must inform prospective
 1922  purchasers regarding their voting rights and unit use
 1923  restrictions, including restrictions on the leasing of a unit;
 1924  shall indicate whether and in what amount the unit owners or the
 1925  association is obligated to pay rent or land use fees for
 1926  recreational or other commonly used facilities; shall contain a
 1927  statement identifying that amount of assessment which, pursuant
 1928  to the budget, would be levied upon each unit type, exclusive of
 1929  any special assessments, and which shall further identify the
 1930  basis upon which assessments are levied, whether monthly,
 1931  quarterly, or otherwise; shall state and identify any court
 1932  cases in which the association is currently a party of record in
 1933  which the association may face liability in excess of $100,000;
 1934  and which shall further state whether membership in a
 1935  recreational facilities association is mandatory, and if so,
 1936  shall identify the fees currently charged per unit type. The
 1937  division shall by rule require such other disclosure it
 1938  determines as in its judgment will assist prospective
 1939  purchasers. The prospectus or offering circular may include more
 1940  than one condominium, although not all such units are being
 1941  offered for sale as of the date of the prospectus or offering
 1942  circular. The prospectus or offering circular must contain the
 1943  following information:
 1944         (1) The front cover or the first page must contain only:
 1945         (a) The name of the condominium.
 1946         (b) The following statements in conspicuous type:
 1947         1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
 1948  MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT.
 1949         2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
 1950  NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
 1951  ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
 1952  MATERIALS.
 1953         3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
 1954  STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
 1955  PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
 1956  REPRESENTATIONS.
 1957         (2) Summary: The next page must contain all statements
 1958  required to be in conspicuous type in the prospectus or offering
 1959  circular.
 1960         (3) A separate index of the contents and exhibits of the
 1961  prospectus.
 1962         (4) Beginning on the first page of the text, (not including
 1963  the summary and index), a description of the condominium,
 1964  including, but not limited to, the following information:
 1965         (a) Its name and location.
 1966         (b) A description of the condominium property, including,
 1967  without limitation:
 1968         1. The number of buildings, the number of units in each
 1969  building, the number of bathrooms and bedrooms in each unit, and
 1970  the total number of units, if the condominium is not a phase
 1971  condominium;, or the maximum number of buildings that may be
 1972  contained within the condominium, the minimum and maximum
 1973  numbers of units in each building, the minimum and maximum
 1974  numbers of bathrooms and bedrooms that may be contained in each
 1975  unit, and the maximum number of units that may be contained
 1976  within the condominium, if the condominium is a phase
 1977  condominium.
 1978         2. The page in the condominium documents where a copy of
 1979  the plot plan and survey of the condominium is located.
 1980         3. The estimated latest date of completing the construction
 1981  completion of constructing, finishing, and equipping of the
 1982  condominium. In lieu of a date, the description must shall
 1983  include a statement that the estimated date of completion of the
 1984  condominium is in the purchase agreement and a reference to the
 1985  article or paragraph containing that information.
 1986         (c) The maximum number of units that will use facilities in
 1987  common with the condominium. If the maximum number of units will
 1988  vary, a description of the basis for variation and the minimum
 1989  amount of dollars per unit to be spent for additional
 1990  recreational facilities or enlargement of such facilities. If
 1991  the addition or enlargement of facilities will result in a
 1992  material increase of a unit owner’s maintenance expense or
 1993  rental expense, if any, the maximum increase and limitations
 1994  must thereon shall be stated.
 1995         (5)(a) A statement in conspicuous type describing whether
 1996  the condominium is created and being sold as fee simple
 1997  interests or as leasehold interests. If the condominium is
 1998  created or being sold on a leasehold, the location of the lease
 1999  in the disclosure materials must shall be stated.
 2000         (b) If timeshare estates are or may be created with respect
 2001  to any unit in the condominium, a statement in conspicuous type
 2002  stating that timeshare estates are created and being sold in
 2003  units in the condominium.
 2004         (6) A description of the recreational and other commonly
 2005  used facilities that will be used only by unit owners of the
 2006  condominium, including, but not limited to, the following:
 2007         (a) Each room and its intended purposes, location,
 2008  approximate floor area, and capacity in numbers of people.
 2009         (b) Each swimming pool, as to its general location,
 2010  approximate size and depths, approximate deck size and capacity,
 2011  and whether heated.
 2012         (c) Additional facilities, as to the number of each
 2013  facility, its approximate location, approximate size, and
 2014  approximate capacity.
 2015         (d) A general description of the items of personal property
 2016  and the approximate number of each item of personal property
 2017  which that the developer is committing to furnish for each room
 2018  or other facility or, in the alternative, a representation as to
 2019  the minimum amount of expenditure which that will be made to
 2020  purchase the personal property for the facility.
 2021         (e) The estimated date when each room or other facility
 2022  will be available for use by the unit owners.
 2023         (f)1. An identification of each room or other facility to
 2024  be used by unit owners which that will not be owned by the unit
 2025  owners or the association;
 2026         2. A reference to the location in the disclosure materials
 2027  of the lease or other agreements providing for the use of those
 2028  facilities; and
 2029         3. A description of the terms of the lease or other
 2030  agreements, including the length of the term; the rent payable,
 2031  directly or indirectly, by each unit owner, and the total rent
 2032  payable to the lessor, stated in monthly and annual amounts for
 2033  the entire term of the lease; and a description of any option to
 2034  purchase the property leased under any such lease, including the
 2035  time the option may be exercised, the purchase price or how it
 2036  is to be determined, the manner of payment, and whether the
 2037  option may be exercised for a unit owner’s share or only as to
 2038  the entire leased property.
 2039         (g) A statement as to whether the developer may provide
 2040  additional facilities not described above; their general
 2041  locations and types; improvements or changes that may be made;
 2042  the approximate dollar amount to be expended; and the maximum
 2043  additional common expense or cost to the individual unit owners
 2044  which that may be charged during the first annual period of
 2045  operation of the modified or added facilities.
 2046  
 2047  Descriptions as to locations, areas, capacities, numbers,
 2048  volumes, or sizes may be stated as approximations or minimums.
 2049         (7) A description of the recreational and other facilities
 2050  that will be used in common with other condominiums, community
 2051  associations, or planned developments that which require the
 2052  payment of the maintenance and expenses of such facilities,
 2053  directly or indirectly, by the unit owners. The description must
 2054  shall include, but is not be limited to, the following:
 2055         (a) Each building and facility committed to be built.
 2056         (b) Facilities not committed to be built except under
 2057  certain conditions, and a statement of those conditions or
 2058  contingencies.
 2059         (c) As to each facility committed to be built, or which
 2060  will be committed to be built if upon the happening of one of
 2061  the conditions in paragraph (b) occurs, a statement of whether
 2062  it will be owned by the unit owners having the use thereof or by
 2063  an association or other entity that which will be controlled by
 2064  them, or others, and the location in the exhibits of the lease
 2065  or other document providing for use of those facilities.
 2066         (d) The year in which each facility will be available for
 2067  use by the unit owners or, in the alternative, the maximum
 2068  number of unit owners in the project at the time each of all of
 2069  the facilities is committed to be completed.
 2070         (e) A general description of the items of personal
 2071  property, and the approximate number of each item of personal
 2072  property which, that the developer is committing to furnish for
 2073  each room or other facility or, in the alternative, a
 2074  representation as to the minimum amount of expenditure which
 2075  that will be made to purchase the personal property for the
 2076  facility.
 2077         (f) If there are leases, a description thereof, including
 2078  the length of the term, the rent payable, and a description of
 2079  any option to purchase.
 2080  
 2081  Descriptions must shall include location, areas, capacities,
 2082  numbers, volumes, or sizes and may be stated as approximations
 2083  or minimums.
 2084         (8) Recreation lease or associated club membership:
 2085         (a) If any recreational facilities or other facilities
 2086  offered by the developer and available to, or to be used by,
 2087  unit owners are to be leased or have club membership associated,
 2088  the following statement in conspicuous type must shall be
 2089  included: THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED
 2090  WITH THIS CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED
 2091  WITH THIS CONDOMINIUM. There must shall be a reference to the
 2092  location in the disclosure materials where the recreation lease
 2093  or club membership is described in detail.
 2094         (b) If it is mandatory that unit owners pay a fee, rent,
 2095  dues, or other charges under a recreational facilities lease or
 2096  club membership for the use of facilities, one of the following
 2097  statements there shall be in conspicuous type the applicable
 2098  statement:
 2099         1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
 2100  MANDATORY FOR UNIT OWNERS; or
 2101         2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
 2102  TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
 2103         3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
 2104  AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
 2105  RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
 2106  OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
 2107         4. A similar statement of the nature of the organization or
 2108  the manner in which the use rights are created, and which that
 2109  unit owners are required to pay.
 2110  
 2111  Immediately following the applicable statement, the location in
 2112  the disclosure materials where the development is described in
 2113  detail must shall be stated.
 2114         (c) If the developer, or any other person other than the
 2115  unit owners and other persons having use rights in the
 2116  facilities, reserves, or is entitled to receive, any rent, fee,
 2117  or other payment for the use of the facilities, then there shall
 2118  be the following statement in conspicuous type: THE UNIT OWNERS
 2119  OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
 2120  RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
 2121  following this statement, the location in the disclosure
 2122  materials where the rent or land use fees are described in
 2123  detail must shall be stated.
 2124         (d) If, in any recreation format, whether leasehold, club,
 2125  or other, any person other than the association has the right to
 2126  a lien on the units to secure the payment of assessments, rent,
 2127  or other exactions, one of the following statements must there
 2128  shall appear a statement in conspicuous type in substantially
 2129  the following form:
 2130         1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
 2131  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
 2132  RECREATION LEASE. THE UNIT OWNER’S FAILURE TO MAKE THESE
 2133  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
 2134         2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
 2135  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
 2136  FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
 2137  OR COMMONLY USED FACILITIES. THE UNIT OWNER’S FAILURE TO MAKE
 2138  THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
 2139  
 2140  Immediately following the applicable statement, the location in
 2141  the disclosure materials where the lien or lien right is
 2142  described in detail must shall be stated.
 2143         (9) If the developer or any other person has the right to
 2144  increase or add to the recreational facilities at any time after
 2145  the establishment of the condominium whose unit owners have use
 2146  rights therein, without the consent of the unit owners or
 2147  associations being required, the following statement must there
 2148  shall appear a statement in conspicuous type in substantially
 2149  the following form: RECREATIONAL FACILITIES MAY BE EXPANDED OR
 2150  ADDED WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).
 2151  Immediately following this statement, the location in the
 2152  disclosure materials where such reserved rights are described
 2153  must shall be stated.
 2154         (10) A statement of whether the developer’s plan includes a
 2155  program of leasing units rather than selling them, or leasing
 2156  units and selling them subject to such leases. If so, there must
 2157  shall be a description of the plan, including the number and
 2158  identification of the units and the provisions and term of the
 2159  proposed leases, and a statement in boldfaced type that: THE
 2160  UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
 2161         (11) The arrangements for management of the association and
 2162  maintenance and operation of the condominium property and of
 2163  other property that will serve the unit owners of the
 2164  condominium property, and a description of the management
 2165  contract and all other contracts for these purposes having a
 2166  term in excess of 1 year, including the following:
 2167         (a) The names of contracting parties.
 2168         (b) The term of the contract.
 2169         (c) The nature of the services included.
 2170         (d) The compensation, stated on a monthly and annual basis,
 2171  and provisions for increases in the compensation.
 2172         (e) A reference to the volumes and pages of the condominium
 2173  documents and of the exhibits containing copies of such
 2174  contracts.
 2175  
 2176  Copies of all described contracts must shall be attached as
 2177  exhibits. If there is a contract for the management of the
 2178  condominium property, then a statement in conspicuous type in
 2179  substantially the following form must shall appear, identifying
 2180  the proposed or existing contract manager: THERE IS (IS TO BE) A
 2181  CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH
 2182  (NAME OF THE CONTRACT MANAGER). Immediately following this
 2183  statement, the location in the disclosure materials of the
 2184  contract for management of the condominium property must shall
 2185  be stated.
 2186         (12) If the developer or any other person or persons other
 2187  than the unit owners has the right to retain control of the
 2188  board of administration of the association for a period of time
 2189  which can exceed 1 year after the closing of the sale of a
 2190  majority of the units in that condominium to persons other than
 2191  successors or alternate developers, then a statement in
 2192  conspicuous type in substantially the following form must shall
 2193  be included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
 2194  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
 2195  HAVE BEEN SOLD. Immediately following this statement, the
 2196  location in the disclosure materials where this right to control
 2197  is described in detail must shall be stated.
 2198         (13) If there are any restrictions upon the sale, transfer,
 2199  conveyance, or leasing of a unit, then a statement in
 2200  conspicuous type in substantially the following form must shall
 2201  be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED
 2202  OR CONTROLLED. Immediately following this statement, the
 2203  location in the disclosure materials where the restriction,
 2204  limitation, or control on the sale, lease, or transfer of units
 2205  is described in detail must shall be stated.
 2206         (14) If the condominium is part of a phase project, the
 2207  following information must shall be stated:
 2208         (a) A statement in conspicuous type in substantially the
 2209  following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND
 2210  UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following
 2211  this statement, the location in the disclosure materials where
 2212  the phasing is described must shall be stated.
 2213         (b) A summary of the provisions of the declaration which
 2214  provide for the phasing.
 2215         (c) A statement as to whether or not residential buildings
 2216  and units that which are added to the condominium may be
 2217  substantially different from the residential buildings and units
 2218  originally in the condominium. If the added residential
 2219  buildings and units may be substantially different, there must
 2220  shall be a general description of the extent to which such added
 2221  residential buildings and units may differ, and a statement in
 2222  conspicuous type in substantially the following form must shall
 2223  be included: BUILDINGS AND UNITS THAT WHICH ARE ADDED TO THE
 2224  CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER
 2225  BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following
 2226  this statement, the location in the disclosure materials where
 2227  the extent to which added residential buildings and units may
 2228  substantially differ is described must shall be stated.
 2229         (d) A statement of the maximum number of buildings
 2230  containing units, the maximum and minimum numbers of units in
 2231  each building, the maximum number of units, and the minimum and
 2232  maximum square footage of the units that may be contained within
 2233  each parcel of land which may be added to the condominium.
 2234         (15) If a condominium created on or after July 1, 2000, is
 2235  or may become part of a multicondominium, the following
 2236  information must be provided:
 2237         (a) A statement in conspicuous type in substantially the
 2238  following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
 2239  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
 2240  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following
 2241  this statement, the location in the prospectus or offering
 2242  circular and its exhibits where the multicondominium aspects of
 2243  the offering are described must be stated.
 2244         (b) A summary of the provisions in the declaration,
 2245  articles of incorporation, and bylaws which establish and
 2246  provide for the operation of the multicondominium, including a
 2247  statement as to whether unit owners in the condominium will have
 2248  the right to use recreational or other facilities located or
 2249  planned to be located in other condominiums operated by the same
 2250  association, and the manner of sharing the common expenses
 2251  related to such facilities.
 2252         (c) A statement of the minimum and maximum number of
 2253  condominiums, and the minimum and maximum number of units in
 2254  each of those condominiums, which will or may be operated by the
 2255  association, and the latest date by which the exact number will
 2256  be finally determined.
 2257         (d) A statement as to whether any of the condominiums in
 2258  the multicondominium may include units intended to be used for
 2259  nonresidential purposes and the purpose or purposes permitted
 2260  for such use.
 2261         (e) A general description of the location and approximate
 2262  acreage of any land on which any additional condominiums to be
 2263  operated by the association may be located.
 2264         (16) If the condominium is created by conversion of
 2265  existing improvements, the following information must shall be
 2266  stated:
 2267         (a) The information required by s. 718.616.
 2268         (b) A caveat that there are no express warranties unless
 2269  they are stated in writing by the developer.
 2270         (17) A summary of the restrictions, if any, to be imposed
 2271  on units concerning the use of any of the condominium property,
 2272  including statements as to whether there are restrictions upon
 2273  children and pets, and reference to the volumes and pages of the
 2274  condominium documents where such restrictions are found, or if
 2275  such restrictions are contained elsewhere, then a copy of the
 2276  documents containing the restrictions must shall be attached as
 2277  an exhibit.
 2278         (18) If there is any land that is offered by the developer
 2279  for use by the unit owners and that is neither owned by them nor
 2280  leased to them, the association, or any entity controlled by
 2281  unit owners and other persons having the use rights to such
 2282  land, a statement must shall be made as to how such land will
 2283  serve the condominium. If any part of such land will serve the
 2284  condominium, the statement must shall describe the land and the
 2285  nature and term of service, and the declaration or other
 2286  instrument creating such servitude must shall be included as an
 2287  exhibit.
 2288         (19) The manner in which utility and other services,
 2289  including, but not limited to, sewage and waste disposal, water
 2290  supply, and storm drainage, will be provided and the person or
 2291  entity furnishing them.
 2292         (20) An explanation of the manner in which the
 2293  apportionment of common expenses and ownership of the common
 2294  elements has been determined.
 2295         (21) An estimated operating budget for the condominium and
 2296  the association, and a schedule of the unit owner’s expenses
 2297  must shall be attached as an exhibit and shall contain the
 2298  following information:
 2299         (a) The estimated monthly and annual expenses of the
 2300  condominium and the association that are collected from unit
 2301  owners by assessments.
 2302         (b) The estimated monthly and annual expenses of each unit
 2303  owner for a unit, other than common expenses paid by all unit
 2304  owners, payable by the unit owner to persons or entities other
 2305  than the association, as well as to the association, including
 2306  fees assessed pursuant to s. 718.113(1) for maintenance of
 2307  limited common elements where such costs are shared only by
 2308  those entitled to use the limited common element, and the total
 2309  estimated monthly and annual expense. Expenses There may be
 2310  excluded from this estimate expenses which are not provided for
 2311  or contemplated by the condominium documents, including, but not
 2312  limited to, the costs of private telephone; maintenance of the
 2313  interior of condominium units, which is not the obligation of
 2314  the association; maid or janitorial services privately
 2315  contracted for by the unit owners; utility bills billed directly
 2316  to each unit owner for utility services to his or her unit;
 2317  insurance premiums other than those incurred for policies
 2318  obtained by the condominium; and similar personal expenses of
 2319  the unit owner. A unit owner’s estimated payments for
 2320  assessments must shall also be stated in the estimated amounts
 2321  for the times when they will be due.
 2322         (c) The estimated items of expenses of the condominium and
 2323  the association, except as excluded under paragraph (b),
 2324  including, but not limited to, the following items, which must
 2325  shall be stated as an association expense collectible by
 2326  assessments or as unit owners’ expenses payable to persons other
 2327  than the association:
 2328         1. Expenses for the association and condominium:
 2329         a. Administration of the association.
 2330         b. Management fees.
 2331         c. Maintenance.
 2332         d. Rent for recreational and other commonly used
 2333  facilities.
 2334         e. Taxes upon association property.
 2335         f. Taxes upon leased areas.
 2336         g. Insurance.
 2337         h. Security provisions.
 2338         i. Other expenses.
 2339         j. Operating capital.
 2340         k. Reserves.
 2341         l. Fees payable to the division.
 2342         2. Expenses for a unit owner:
 2343         a. Rent for the unit, if subject to a lease.
 2344         b. Rent payable by the unit owner directly to the lessor or
 2345  agent under any recreational lease or lease for the use of
 2346  commonly used facilities, which use and payment is a mandatory
 2347  condition of ownership and is not included in the common expense
 2348  or assessments for common maintenance paid by the unit owners to
 2349  the association.
 2350         (d) The following statement in conspicuous type: THE BUDGET
 2351  CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
 2352  ACCORDANCE WITH THE CONDOMINIUM ACT AND IS A GOOD FAITH ESTIMATE
 2353  ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
 2354  FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
 2355  ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
 2356  CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
 2357  THE OFFERING.
 2358         (e) Each budget for an association prepared by a developer
 2359  consistent with this subsection shall be prepared in good faith
 2360  and shall reflect accurate estimated amounts for the required
 2361  items in paragraph (c) at the time of the filing of the offering
 2362  circular with the division, and subsequent increased amounts of
 2363  any item included in the association’s estimated budget which
 2364  that are beyond the control of the developer may shall not be
 2365  considered an amendment that would give rise to rescission
 2366  rights set forth in s. 718.503(1)(a) or (b), nor shall such
 2367  increases modify, void, or otherwise affect any guarantee of the
 2368  developer contained in the offering circular or any purchase
 2369  contract. It is the intent of this paragraph to clarify existing
 2370  law.
 2371         (f) The estimated amounts shall be stated for a period of
 2372  at least 12 months and may distinguish between the period prior
 2373  to the time unit owners other than the developer elect a
 2374  majority of the board of administration and the period after
 2375  that date.
 2376         (22) A schedule of estimated closing expenses to be paid by
 2377  a buyer or lessee of a unit and a statement of whether title
 2378  opinion or title insurance policy is available to the buyer and,
 2379  if so, at whose expense.
 2380         (23) The identity of the developer and the chief operating
 2381  officer or principal directing the creation and sale of the
 2382  condominium and a statement of its and his or her experience in
 2383  this field.
 2384         (24) Copies of the following, if to the extent they are
 2385  applicable, must shall be included as exhibits:
 2386         (a) The declaration of condominium, or the proposed
 2387  declaration if the declaration has not been recorded.
 2388         (b) The articles of incorporation creating the association.
 2389         (c) The bylaws of the association.
 2390         (d) The ground lease or other underlying lease of the
 2391  condominium.
 2392         (e) The management agreement and all maintenance and other
 2393  contracts for management of the association and operation of the
 2394  condominium and facilities used by the unit owners having a
 2395  service term in excess of 1 year.
 2396         (f) The estimated operating budget for the condominium and
 2397  the required schedule of unit owners’ expenses.
 2398         (g) A copy of the floor plan of the unit and the plot plan
 2399  showing the location of the residential buildings and the
 2400  recreation and other common areas.
 2401         (h) The lease of recreational and other facilities that
 2402  will be used only by unit owners of the subject condominium.
 2403         (i) The lease of facilities used by owners and others.
 2404         (j) The form of unit lease, if the offer is of a leasehold.
 2405         (k) A declaration of servitude of properties serving the
 2406  condominium but not owned by unit owners or leased to them or
 2407  the association.
 2408         (l) The statement of condition of the existing building or
 2409  buildings, if the offering is of units in an operation being
 2410  converted to condominium ownership.
 2411         (m) The statement of inspection for termite damage and
 2412  treatment of the existing improvements, if the condominium is a
 2413  conversion.
 2414         (n) The form of agreement for sale or lease of units.
 2415         (o) A copy of the agreement for escrow of payments made to
 2416  the developer before prior to closing.
 2417         (p) A copy of the documents containing any restrictions on
 2418  use of the property required by subsection (17).
 2419         (25) Any prospectus or offering circular complying, prior
 2420  to the effective date of this act, with the provisions of former
 2421  ss. 711.69 and 711.802 may continue to be used without amendment
 2422  or may be amended to comply with this chapter.
 2423         (26) A brief narrative description of the location and
 2424  effect of all existing and intended easements located or to be
 2425  located on the condominium property other than those described
 2426  in the declaration.
 2427         (27) If the developer is required by state or local
 2428  authorities to obtain acceptance or approval of any dock or
 2429  marina facilities intended to serve the condominium, a copy of
 2430  any such acceptance or approval acquired by the time of filing
 2431  with the division under s. 718.502(1) or a statement that such
 2432  acceptance or approval has not been acquired or received.
 2433         (28) Evidence demonstrating that the developer has an
 2434  ownership, leasehold, or contractual interest in the land upon
 2435  which the condominium is to be developed.
 2436         Section 31. Section 718.508, Florida Statutes, is amended
 2437  to read:
 2438         718.508 Regulation by Division of Hotels and Restaurants.
 2439  In addition to the authority, regulation, or control exercised
 2440  by the division of Florida Condominiums, Timeshares, and Mobile
 2441  Homes pursuant to this chapter act with respect to condominiums,
 2442  buildings included in a condominium property are subject to the
 2443  authority, regulation, or control of the Division of Hotels and
 2444  Restaurants of the Department of Business and Professional
 2445  Regulation, to the extent provided in chapter 399.
 2446         Section 32. Paragraph (a) of subsection (2) of section
 2447  718.608, Florida Statutes, is amended to read:
 2448         718.608 Notice of intended conversion; time of delivery;
 2449  content.—
 2450         (2)(a) Each notice of intended conversion must shall be
 2451  dated and in writing. The notice must shall contain the
 2452  following statement, with the phrases of the following statement
 2453  which appear in upper case and printed in conspicuous type:
 2454  
 2455         These apartments are being converted to condominium by
 2456  ...(name of developer)..., the developer.
 2457         1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
 2458  YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
 2459  AGREEMENT AS FOLLOWS:
 2460         a. If you have continuously been a resident of these
 2461  apartments during the last 180 days and your rental agreement
 2462  expires during the next 270 days, you may extend your rental
 2463  agreement for up to 270 days after the date of this notice.
 2464         b. If you have not been a continuous resident of these
 2465  apartments for the last 180 days and your rental agreement
 2466  expires during the next 180 days, you may extend your rental
 2467  agreement for up to 180 days after the date of this notice.
 2468         c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
 2469  MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
 2470  DATE OF THIS NOTICE.
 2471         2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
 2472  you may extend your rental agreement for up to 45 days after the
 2473  date of this notice while you decide whether to extend your
 2474  rental agreement as explained above. To do so, you must notify
 2475  the developer in writing. You will then have the full 45 days to
 2476  decide whether to extend your rental agreement as explained
 2477  above.
 2478         3. During the extension of your rental agreement you will
 2479  be charged the same rent that you are now paying.
 2480         4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
 2481  OF THE RENTAL AGREEMENT AS FOLLOWS:
 2482         a. If your rental agreement began or was extended or
 2483  renewed after May 1, 1980, and your rental agreement, including
 2484  extensions and renewals, has an unexpired term of 180 days or
 2485  less, you may cancel your rental agreement upon 30 days’ written
 2486  notice and move. Also, upon 30 days’ written notice, you may
 2487  cancel any extension of the rental agreement.
 2488         b. If your rental agreement was not begun or was not
 2489  extended or renewed after May 1, 1980, you may not cancel the
 2490  rental agreement without the consent of the developer. If your
 2491  rental agreement, including extensions and renewals, has an
 2492  unexpired term of 180 days or less, you may, however, upon 30
 2493  days’ written notice cancel any extension of the rental
 2494  agreement.
 2495         5. All notices must be given in writing and sent by mail,
 2496  return receipt requested, or delivered in person to the
 2497  developer at this address: ...(name and address of
 2498  developer)....
 2499         6. If you have continuously been a resident of these
 2500  apartments during the last 180 days:
 2501         a. You have the right to purchase your apartment and will
 2502  have 45 days to decide whether to purchase. If you do not buy
 2503  the unit at that price and the unit is later offered at a lower
 2504  price, you will have the opportunity to buy the unit at the
 2505  lower price. However, in all events your right to purchase the
 2506  unit ends when the rental agreement or any extension of the
 2507  rental agreement ends or when you waive this right in writing.
 2508         b. Within 90 days you will be provided purchase information
 2509  relating to your apartment, including the price of your unit and
 2510  the condition of the building. If you do not receive this
 2511  information within 90 days, your rental agreement and any
 2512  extension will be extended 1 day for each day over 90 days until
 2513  you are given the purchase information. If you do not want this
 2514  rental agreement extension, you must notify the developer in
 2515  writing.
 2516         7. If you have any questions regarding this conversion or
 2517  the Condominium Act, you may contact the developer or the state
 2518  agency that which regulates condominiums: The Division of
 2519  Florida Condominiums, Homeowners’ Associations, Timeshares, and
 2520  Mobile Homes, ...(Tallahassee address and telephone number of
 2521  division)....
 2522         Section 33. Subsection (17) of section 719.103, Florida
 2523  Statutes, is amended to read:
 2524         719.103 Definitions.—As used in this chapter:
 2525         (17) “Division” means the Division of Florida Condominiums,
 2526  Homeowners’ Associations, Timeshares, and Mobile Homes of the
 2527  Department of Business and Professional Regulation.
 2528         Section 34. Section 719.1255, Florida Statutes, is amended
 2529  to read:
 2530         719.1255 Alternative resolution of disputes.—The division
 2531  of Florida Condominiums, Timeshares, and Mobile Homes of the
 2532  Department of Business and Professional Regulation shall provide
 2533  for alternative dispute resolution in accordance with s.
 2534  718.1255.
 2535         Section 35. Section 719.501, Florida Statutes, is amended
 2536  to read:
 2537         719.501 Powers and duties of the division of Florida
 2538  Condominiums, Timeshares, and Mobile Homes.—
 2539         (1) The Division of Florida Condominiums, Timeshares, and
 2540  Mobile Homes of the Department of Business and Professional
 2541  Regulation, referred to as the “division” in this part, In
 2542  addition to other powers and duties prescribed by chapter 718,
 2543  the division has the power to enforce and ensure compliance with
 2544  this chapter and adopted rules relating to the development,
 2545  construction, sale, lease, ownership, operation, and management
 2546  of residential cooperative units. In performing its duties, the
 2547  division shall have the following powers and duties:
 2548         (a) The division may make necessary public or private
 2549  investigations within or outside this state to determine whether
 2550  any person has violated this chapter or any rule or order
 2551  hereunder, to aid in the enforcement of this chapter, or to aid
 2552  in the adoption of rules or forms hereunder.
 2553         (b) The division may require or permit any person to file a
 2554  statement in writing, under oath or otherwise, as the division
 2555  determines, as to the facts and circumstances concerning a
 2556  matter to be investigated.
 2557         (c) For the purpose of any investigation under this
 2558  chapter, the division director or any officer or employee
 2559  designated by the division director may administer oaths or
 2560  affirmations, subpoena witnesses and compel their attendance,
 2561  take evidence, and require the production of any matter that
 2562  which is relevant to the investigation, including the existence,
 2563  description, nature, custody, condition, and location of any
 2564  books, documents, or other tangible things and the identity and
 2565  location of persons having knowledge of relevant facts or any
 2566  other matter reasonably calculated to lead to the discovery of
 2567  material evidence. Upon failure by a person to obey a subpoena
 2568  or to answer questions propounded by the investigating officer
 2569  and upon reasonable notice to all persons affected thereby, the
 2570  division may apply to the circuit court for an order compelling
 2571  compliance.
 2572         (d) Notwithstanding any remedies available to unit owners
 2573  and associations, if the division has reasonable cause to
 2574  believe that a violation of any provision of this chapter or
 2575  related rule has occurred, the division may institute
 2576  enforcement proceedings in its own name against a developer,
 2577  association, officer, or member of the board, or its assignees
 2578  or agents, as follows:
 2579         1. The division may permit a person whose conduct or
 2580  actions may be under investigation to waive formal proceedings
 2581  and enter into a consent proceeding whereby orders, rules, or
 2582  letters of censure or warning, whether formal or informal, may
 2583  be entered against the person.
 2584         2. The division may issue an order requiring the developer,
 2585  association, officer, or member of the board, or its assignees
 2586  or agents, to cease and desist from the unlawful practice and
 2587  take such affirmative action as in the judgment of the division
 2588  will carry out the purposes of this chapter. Such affirmative
 2589  action may include, but is not limited to, an order requiring a
 2590  developer to pay moneys determined to be owed to a condominium
 2591  association.
 2592         3. The division may bring an action in circuit court on
 2593  behalf of a class of unit owners, lessees, or purchasers for
 2594  declaratory relief, injunctive relief, or restitution.
 2595         4. The division may impose a civil penalty against a
 2596  developer or association, or its assignees or agents, for any
 2597  violation of this chapter or related rule. The division may
 2598  impose a civil penalty individually against any officer or board
 2599  member who willfully and knowingly violates a provision of this
 2600  chapter, a rule adopted pursuant to this chapter, or a final
 2601  order of the division. The term “willfully and knowingly” means
 2602  that the division informed the officer or board member that his
 2603  or her action or intended action violates this chapter, a rule
 2604  adopted under this chapter, or a final order of the division,
 2605  and that the officer or board member refused to comply with the
 2606  requirements of this chapter, a rule adopted under this chapter,
 2607  or a final order of the division. The division, before prior to
 2608  initiating formal agency action under chapter 120, shall afford
 2609  the officer or board member an opportunity to voluntarily comply
 2610  with this chapter, a rule adopted under this chapter, or a final
 2611  order of the division. An officer or board member who complies
 2612  within 10 days is not subject to a civil penalty. A penalty may
 2613  be imposed on the basis of each day of continuing violation, but
 2614  may not in no event shall the penalty for any offense exceed
 2615  $5,000. By January 1, 1998, the division shall adopt, by rule,
 2616  penalty guidelines applicable to possible violations or to
 2617  categories of violations of this chapter or rules adopted by the
 2618  division. The guidelines must specify a meaningful range of
 2619  civil penalties for each such violation of the statute and rules
 2620  and must be based upon the harm caused by the violation, the
 2621  repetition of the violation, and upon such other factors deemed
 2622  relevant by the division. For example, the division may consider
 2623  whether the violations were committed by a developer or owner
 2624  controlled association, the size of the association, and other
 2625  factors. The guidelines must designate the possible mitigating
 2626  or aggravating circumstances that justify a departure from the
 2627  range of penalties provided by the rules. It is the legislative
 2628  intent that minor violations be distinguished from those which
 2629  endanger the health, safety, or welfare of the cooperative
 2630  residents or other persons and that such guidelines provide
 2631  reasonable and meaningful notice to the public of likely
 2632  penalties that may be imposed for proscribed conduct. This
 2633  subsection does not limit the ability of the division to
 2634  informally dispose of administrative actions or complaints by
 2635  stipulation, agreed settlement, or consent order. All amounts
 2636  collected shall be deposited with the Chief Financial Officer to
 2637  the credit of the Division of Florida Condominiums, Homeowners’
 2638  Associations, Timeshares, and Mobile Homes Trust Fund. If a
 2639  developer fails to pay the civil penalty, the division shall
 2640  thereupon issue an order directing that such developer cease and
 2641  desist from further operation until such time as the civil
 2642  penalty is paid or may pursue enforcement of the penalty in a
 2643  court of competent jurisdiction. If an association fails to pay
 2644  the civil penalty, the division shall thereupon pursue
 2645  enforcement in a court of competent jurisdiction, and the order
 2646  imposing the civil penalty or the cease and desist order shall
 2647  not become effective until 20 days after the date of such order.
 2648  Any action commenced by the division shall be brought in the
 2649  county in which the division has its executive offices or in the
 2650  county where the violation occurred.
 2651         (e) The division may prepare and disseminate a prospectus
 2652  and other information to assist prospective owners, purchasers,
 2653  lessees, and developers of residential cooperatives in assessing
 2654  the rights, privileges, and duties pertaining thereto.
 2655         (f) The division may has authority to adopt rules pursuant
 2656  to ss. 120.536(1) and 120.54 to administer implement and enforce
 2657  the provisions of this chapter.
 2658         (g) The division shall establish procedures for providing
 2659  notice to an association when the division is considering the
 2660  issuance of a declaratory statement with respect to the
 2661  cooperative documents governing such cooperative community.
 2662         (h) The division shall annually furnish each association
 2663  that which pays the fees required by paragraph (2)(a) a copy of
 2664  this chapter, as amended, act, subsequent changes to this act on
 2665  an annual basis, an amended version of this act as it becomes
 2666  available from the Secretary of State’s office on a biennial
 2667  basis, and the rules adopted thereto on an annual basis.
 2668         (i) The division shall annually provide each association
 2669  with a summary of declaratory statements and formal legal
 2670  opinions relating to the operations of cooperatives which were
 2671  rendered by the division during the previous year.
 2672         (j) The division shall adopt uniform accounting principles,
 2673  policies, and standards to be used by all associations in the
 2674  preparation and presentation of all financial statements
 2675  required by this chapter. The principles, policies, and
 2676  standards shall take into consideration the size of the
 2677  association and the total revenue collected by the association.
 2678         (k) The division shall provide training programs for
 2679  cooperative association board members and unit owners.
 2680         (l) The division shall maintain a toll-free telephone
 2681  number accessible to cooperative unit owners.
 2682         (m) If When a complaint is made to the division, the
 2683  division shall conduct its inquiry with reasonable dispatch and
 2684  with due regard to the interests of the affected parties. Within
 2685  30 days after receipt of a complaint, the division shall
 2686  acknowledge the complaint in writing and notify the complainant
 2687  whether the complaint is within the jurisdiction of the division
 2688  and whether additional information is needed by the division
 2689  from the complainant. The division shall conduct its
 2690  investigation and shall, within 90 days after receipt of the
 2691  original complaint or timely requested additional information,
 2692  take action upon the complaint. However, the failure to complete
 2693  the investigation within 90 days does not prevent the division
 2694  from continuing the investigation, accepting or considering
 2695  evidence obtained or received after 90 days, or taking
 2696  administrative action if reasonable cause exists to believe that
 2697  a violation of this chapter or a rule of the division has
 2698  occurred. If an investigation is not completed within the time
 2699  limits established in this paragraph, the division shall, on a
 2700  monthly basis, notify the complainant in writing of the status
 2701  of the investigation. When reporting its action to the
 2702  complainant, the division shall inform the complainant of any
 2703  right to a hearing pursuant to ss. 120.569 and 120.57.
 2704         (n) The division shall develop a program to certify both
 2705  volunteer and paid mediators to provide mediation of cooperative
 2706  disputes. The division shall provide, upon request, a list of
 2707  such mediators to any association, unit owner, or other
 2708  participant in arbitration proceedings under s. 718.1255
 2709  requesting a copy of the list. The division shall include on the
 2710  list of voluntary mediators only persons who have received at
 2711  least 20 hours of training in mediation techniques or have
 2712  mediated at least 20 disputes. In order to become initially
 2713  certified by the division, paid mediators must be certified by
 2714  the Supreme Court to mediate court cases in county or circuit
 2715  courts. However, the division may adopt, by rule, additional
 2716  factors for the certification of paid mediators, which factors
 2717  must be related to experience, education, or background. Any
 2718  person initially certified as a paid mediator by the division
 2719  must, in order to continue to be certified, comply with the
 2720  factors or requirements imposed by rules adopted by the
 2721  division.
 2722         (2)(a) Each cooperative association shall pay to the
 2723  division, on or before January 1 of each year, an annual fee in
 2724  the amount of $4 for each residential unit in cooperatives
 2725  operated by the association. If the fee is not paid by March 1,
 2726  then the association shall be assessed a penalty of 10 percent
 2727  of the amount due, and the association does shall not have the
 2728  standing to maintain or defend any action in the courts of this
 2729  state until the amount due is paid.
 2730         (b) All fees shall be deposited in the Division of Florida
 2731  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
 2732  Homes Trust Fund as provided by law.
 2733         Section 36. Paragraph (a) of subsection (2) of section
 2734  719.502, Florida Statutes, is amended to read:
 2735         719.502 Filing prior to sale or lease.—
 2736         (2)(a) Prior to filing as required by subsection (1), and
 2737  before prior to acquiring an ownership, leasehold, or
 2738  contractual interest in the land upon which the cooperative is
 2739  to be developed, a developer may shall not offer a contract for
 2740  purchase or lease of a unit for more than 5 years. However, the
 2741  developer may accept deposits for reservations upon the approval
 2742  of a fully executed escrow agreement and reservation agreement
 2743  form properly filed with the division of Florida Condominiums,
 2744  Timeshares, and Mobile Homes. Each filing of a proposed
 2745  reservation program must shall be accompanied by a filing fee of
 2746  $250. Reservations may shall not be taken on a proposed
 2747  cooperative unless the developer has an ownership, leasehold, or
 2748  contractual interest in the land upon which the cooperative is
 2749  to be developed. The division shall notify the developer within
 2750  20 days after of receipt of the reservation filing of any
 2751  deficiencies contained therein. Such notification does shall not
 2752  preclude the determination of reservation filing deficiencies at
 2753  a later date, nor shall it relieve the developer of any
 2754  responsibility under the law. The escrow agreement and the
 2755  reservation agreement form must shall include a statement of the
 2756  right of the prospective purchaser to an immediate unqualified
 2757  refund of the reservation deposit moneys upon written request to
 2758  the escrow agent by the prospective purchaser or the developer.
 2759         Section 37. Section 719.504, Florida Statutes, is amended
 2760  to read:
 2761         719.504 Prospectus or offering circular.—A Every developer
 2762  of a residential cooperative that which contains more than 20
 2763  residential units, or that which is part of a group of
 2764  residential cooperatives that which will be served by property
 2765  to be used in common by unit owners of more than 20 residential
 2766  units, must shall prepare a prospectus or offering circular and
 2767  file it with the division before of Florida Condominiums,
 2768  Timeshares, and Mobile Homes prior to entering into an
 2769  enforceable contract of purchase and sale of any unit or lease
 2770  of a unit for more than 5 years and shall furnish a copy of the
 2771  prospectus or offering circular to each buyer. In addition to
 2772  the prospectus or offering circular, each buyer shall be
 2773  furnished a separate page entitled “Frequently Asked Questions
 2774  and Answers,” which must be in accordance with a format approved
 2775  by the division. This page must, in readable language: inform
 2776  prospective purchasers regarding their voting rights and unit
 2777  use restrictions, including restrictions on the leasing of a
 2778  unit; indicate whether and in what amount the unit owners or the
 2779  association is obligated to pay rent or land use fees for
 2780  recreational or other commonly used facilities; contain a
 2781  statement identifying that amount of assessment which, pursuant
 2782  to the budget, would be levied upon each unit type, exclusive of
 2783  any special assessments, and which identifies the basis upon
 2784  which assessments are levied, whether monthly, quarterly, or
 2785  otherwise; state and identify any court cases in which the
 2786  association is currently a party of record in which the
 2787  association may face liability in excess of $100,000; and state
 2788  whether membership in a recreational facilities association is
 2789  mandatory and, if so, identify the fees currently charged per
 2790  unit type. The division shall by rule require such other
 2791  disclosure as it determines in its judgment will assist
 2792  prospective purchasers. The prospectus or offering circular may
 2793  include more than one cooperative, although not all such units
 2794  are being offered for sale as of the date of the prospectus or
 2795  offering circular. The prospectus or offering circular must
 2796  contain the following information:
 2797         (1) The front cover or the first page must contain only:
 2798         (a) The name of the cooperative.
 2799         (b) The following statements in conspicuous type:
 2800         1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT
 2801  MATTERS TO BE CONSIDERED IN ACQUIRING A COOPERATIVE UNIT.
 2802         2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN
 2803  NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES,
 2804  ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES
 2805  MATERIALS.
 2806         3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY
 2807  STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS
 2808  PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT
 2809  REPRESENTATIONS.
 2810         (2) Summary: The next page must contain all statements
 2811  required to be in conspicuous type in the prospectus or offering
 2812  circular.
 2813         (3) A separate index of the contents and exhibits of the
 2814  prospectus.
 2815         (4) Beginning on the first page of the text (not including
 2816  the summary and index), a description of the cooperative,
 2817  including, but not limited to, the following information:
 2818         (a) Its name and location.
 2819         (b) A description of the cooperative property, including,
 2820  without limitation:
 2821         1. The number of buildings, the number of units in each
 2822  building, the number of bathrooms and bedrooms in each unit, and
 2823  the total number of units, if the cooperative is not a phase
 2824  cooperative; or, if the cooperative is a phase cooperative, the
 2825  maximum number of buildings that may be contained within the
 2826  cooperative, the minimum and maximum number of units in each
 2827  building, the minimum and maximum number of bathrooms and
 2828  bedrooms that may be contained in each unit, and the maximum
 2829  number of units that may be contained within the cooperative.
 2830         2. The page in the cooperative documents where a copy of
 2831  the survey and plot plan of the cooperative is located.
 2832         3. The estimated latest date of completion of constructing,
 2833  finishing, and equipping. In lieu of a date, a statement that
 2834  the estimated date of completion of the cooperative is in the
 2835  purchase agreement and a reference to the article or paragraph
 2836  containing that information.
 2837         (c) The maximum number of units that will use facilities in
 2838  common with the cooperative. If the maximum number of units will
 2839  vary, a description of the basis for variation and the minimum
 2840  amount of dollars per unit to be spent for additional
 2841  recreational facilities or enlargement of such facilities. If
 2842  the addition or enlargement of facilities will result in a
 2843  material increase of a unit owner’s maintenance expense or
 2844  rental expense, if any, the maximum increase and limitations
 2845  thereon must shall be stated.
 2846         (5)(a) A statement in conspicuous type describing whether
 2847  the cooperative is created and being sold as fee simple
 2848  interests or as leasehold interests. If the cooperative is
 2849  created or being sold on a leasehold, the location of the lease
 2850  in the disclosure materials must shall be stated.
 2851         (b) If timeshare estates are or may be created with respect
 2852  to any unit in the cooperative, a statement in conspicuous type
 2853  stating that timeshare estates are created and being sold in
 2854  such specified units in the cooperative.
 2855         (6) A description of the recreational and other common
 2856  areas that will be used only by unit owners of the cooperative,
 2857  including, but not limited to, the following:
 2858         (a) Each room and its intended purposes, location,
 2859  approximate floor area, and capacity in numbers of people.
 2860         (b) Each swimming pool, as to its general location,
 2861  approximate size and depths, approximate deck size and capacity,
 2862  and whether heated.
 2863         (c) Additional facilities, as to the number of each
 2864  facility, its approximate location, approximate size, and
 2865  approximate capacity.
 2866         (d) A general description of the items of personal property
 2867  and the approximate number of each item of personal property
 2868  which that the developer is committing to furnish for each room
 2869  or other facility or, in the alternative, a representation as to
 2870  the minimum amount of expenditure which that will be made to
 2871  purchase the personal property for the facility.
 2872         (e) The estimated date when each room or other facility
 2873  will be available for use by the unit owners.
 2874         (f)1. An identification of each room or other facility to
 2875  be used by unit owners that will not be owned by the unit owners
 2876  or the association;
 2877         2. A reference to the location in the disclosure materials
 2878  of the lease or other agreements providing for the use of those
 2879  facilities; and
 2880         3. A description of the terms of the lease or other
 2881  agreements, including the length of the term; the rent payable,
 2882  directly or indirectly, by each unit owner, and the total rent
 2883  payable to the lessor, stated in monthly and annual amounts for
 2884  the entire term of the lease; and a description of any option to
 2885  purchase the property leased under any such lease, including the
 2886  time the option may be exercised, the purchase price or how it
 2887  is to be determined, the manner of payment, and whether the
 2888  option may be exercised for a unit owner’s share or only as to
 2889  the entire leased property.
 2890         (g) A statement as to whether the developer may provide
 2891  additional facilities not described above, their general
 2892  locations and types, improvements or changes that may be made,
 2893  the approximate dollar amount to be expended, and the maximum
 2894  additional common expense or cost to the individual unit owners
 2895  that may be charged during the first annual period of operation
 2896  of the modified or added facilities.
 2897  
 2898  Descriptions as to locations, areas, capacities, numbers,
 2899  volumes, or sizes may be stated as approximations or minimums.
 2900         (7) A description of the recreational and other facilities
 2901  that will be used in common with other cooperatives, community
 2902  associations, or planned developments that which require the
 2903  payment of the maintenance and expenses of such facilities,
 2904  directly or indirectly, by the unit owners. The description must
 2905  shall include, but is not be limited to, the following:
 2906         (a) Each building and facility committed to be built.
 2907         (b) Facilities not committed to be built except under
 2908  certain conditions, and a statement of those conditions or
 2909  contingencies.
 2910         (c) As to each facility committed to be built, or which
 2911  will be committed to be built upon the happening of one of the
 2912  conditions in paragraph (b), a statement of whether it will be
 2913  owned by the unit owners having the use thereof or by an
 2914  association or other entity that which will be controlled by
 2915  them, or others, and the location in the exhibits of the lease
 2916  or other document providing for use of those facilities.
 2917         (d) The year in which each facility will be available for
 2918  use by the unit owners or, in the alternative, the maximum
 2919  number of unit owners in the project at the time each of all of
 2920  the facilities is committed to be completed.
 2921         (e) A general description of the items of personal
 2922  property, and the approximate number of each item of personal
 2923  property, that the developer is committing to furnish for each
 2924  room or other facility or, in the alternative, a representation
 2925  as to the minimum amount of expenditure which that will be made
 2926  to purchase the personal property for the facility.
 2927         (f) If there are leases, a description thereof, including
 2928  the length of the term, the rent payable, and a description of
 2929  any option to purchase.
 2930  
 2931  Descriptions must shall include location, areas, capacities,
 2932  numbers, volumes, or sizes and may be stated as approximations
 2933  or minimums.
 2934         (8) Recreation lease or associated club membership:
 2935         (a) If any recreational facilities or other common areas
 2936  offered by the developer and available to, or to be used by,
 2937  unit owners are to be leased or have club membership associated,
 2938  the following statement in conspicuous type must shall be
 2939  included: THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED
 2940  WITH THIS COOPERATIVE; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED
 2941  WITH THIS COOPERATIVE. There must shall be a reference to the
 2942  location in the disclosure materials where the recreation lease
 2943  or club membership is described in detail.
 2944         (b) If it is mandatory that unit owners pay a fee, rent,
 2945  dues, or other charges under a recreational facilities lease or
 2946  club membership for the use of facilities, one of the following
 2947  statements, as applicable, must be provided there shall be in
 2948  conspicuous type the applicable statement:
 2949         1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
 2950  MANDATORY FOR UNIT OWNERS; or
 2951         2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
 2952  TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
 2953         3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
 2954  AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
 2955  RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
 2956  OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
 2957         4. A similar statement of the nature of the organization or
 2958  manner in which the use rights are created, and that unit owners
 2959  are required to pay.
 2960  
 2961  Immediately following the applicable statement, the location in
 2962  the disclosure materials where the development is described in
 2963  detail must shall be stated.
 2964         (c) If the developer, or any other person other than the
 2965  unit owners and other persons having use rights in the
 2966  facilities, reserves, or is entitled to receive, any rent, fee,
 2967  or other payment for the use of the facilities, then there must
 2968  shall be the following statement in conspicuous type: THE UNIT
 2969  OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
 2970  RECREATIONAL OR OTHER COMMON AREAS. Immediately following this
 2971  statement, the location in the disclosure materials where the
 2972  rent or land use fees are described in detail must shall be
 2973  stated.
 2974         (d) If, in any recreation format, whether leasehold, club,
 2975  or other, any person other than the association has the right to
 2976  a lien on the units to secure the payment of assessments, rent,
 2977  or other exactions, there shall appear a statement must appear
 2978  in conspicuous type in substantially the following form:
 2979         1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
 2980  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE
 2981  RECREATION LEASE. THE UNIT OWNER’S FAILURE TO MAKE THESE
 2982  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or
 2983         2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO
 2984  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE
 2985  FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL
 2986  OR COMMONLY USED AREAS. THE UNIT OWNER’S FAILURE TO MAKE THESE
 2987  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
 2988  
 2989  Immediately following the applicable statement, the location in
 2990  the disclosure materials where the lien or lien right is
 2991  described in detail must shall be stated.
 2992         (9) If the developer or any other person has the right to
 2993  increase or add to the recreational facilities at any time after
 2994  the establishment of the cooperative whose unit owners have use
 2995  rights therein, without the consent of the unit owners or
 2996  associations being required, there shall appear a statement in
 2997  conspicuous type must appear in substantially the following
 2998  form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
 2999  CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately
 3000  following this statement, the location in the disclosure
 3001  materials where such reserved rights are described must shall be
 3002  stated.
 3003         (10) A statement of whether the developer’s plan includes a
 3004  program of leasing units rather than selling them, or leasing
 3005  units and selling them subject to such leases. If so, there must
 3006  shall be a description of the plan, including the number and
 3007  identification of the units and the provisions and term of the
 3008  proposed leases, and a statement in boldfaced type that: THE
 3009  UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
 3010         (11) The arrangements for management of the association and
 3011  maintenance and operation of the cooperative property and of
 3012  other property that will serve the unit owners of the
 3013  cooperative property, and a description of the management
 3014  contract and all other contracts for these purposes having a
 3015  term in excess of 1 year, including the following:
 3016         (a) The names of contracting parties.
 3017         (b) The term of the contract.
 3018         (c) The nature of the services included.
 3019         (d) The compensation, stated on a monthly and annual basis,
 3020  and provisions for increases in the compensation.
 3021         (e) A reference to the volumes and pages of the cooperative
 3022  documents and of the exhibits containing copies of such
 3023  contracts.
 3024  
 3025  Copies of all described contracts must shall be attached as
 3026  exhibits. If there is a contract for the management of the
 3027  cooperative property, then a statement in conspicuous type in
 3028  substantially the following form must shall appear, identifying
 3029  the proposed or existing contract manager: THERE IS (IS TO BE) A
 3030  CONTRACT FOR THE MANAGEMENT OF THE COOPERATIVE PROPERTY WITH
 3031  (NAME OF THE CONTRACT MANAGER). Immediately following this
 3032  statement, the location in the disclosure materials of the
 3033  contract for management of the cooperative property must shall
 3034  be stated.
 3035         (12) If the developer or any other person or persons other
 3036  than the unit owners has the right to retain control of the
 3037  board of administration of the association for a period of time
 3038  which can exceed 1 year after the closing of the sale of a
 3039  majority of the units in that cooperative to persons other than
 3040  successors or alternate developers, then a statement in
 3041  conspicuous type in substantially the following form must shall
 3042  be included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
 3043  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
 3044  HAVE BEEN SOLD. Immediately following this statement, the
 3045  location in the disclosure materials where this right to control
 3046  is described in detail must shall be stated.
 3047         (13) If there are any restrictions upon the sale, transfer,
 3048  conveyance, or leasing of a unit, then a statement in
 3049  conspicuous type in substantially the following form must shall
 3050  be included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED
 3051  OR CONTROLLED. Immediately following this statement, the
 3052  location in the disclosure materials where the restriction,
 3053  limitation, or control on the sale, lease, or transfer of units
 3054  is described in detail must shall be stated.
 3055         (14) If the cooperative is part of a phase project, the
 3056  following shall be stated:
 3057         (a) A statement in conspicuous type in substantially the
 3058  following form must shall be included: THIS IS A PHASE
 3059  COOPERATIVE. ADDITIONAL LAND AND UNITS MAY BE ADDED TO THIS
 3060  COOPERATIVE. Immediately following this statement, the location
 3061  in the disclosure materials where the phasing is described must
 3062  shall be stated.
 3063         (b) A summary of the provisions of the declaration
 3064  providing for the phasing.
 3065         (c) A statement as to whether or not residential buildings
 3066  and units that which are added to the cooperative may be
 3067  substantially different from the residential buildings and units
 3068  originally in the cooperative, and, if the added residential
 3069  buildings and units may be substantially different, there shall
 3070  be a general description of the extent to which such added
 3071  residential buildings and units may differ must be included, and
 3072  a statement in conspicuous type in substantially the following
 3073  form must shall be included: BUILDINGS AND UNITS THAT WHICH ARE
 3074  ADDED TO THE COOPERATIVE MAY BE SUBSTANTIALLY DIFFERENT FROM THE
 3075  OTHER BUILDINGS AND UNITS IN THE COOPERATIVE. Immediately
 3076  following this statement, the location in the disclosure
 3077  materials where the extent to which added residential buildings
 3078  and units may substantially differ is described must shall be
 3079  stated.
 3080         (d) A statement of the maximum number of buildings
 3081  containing units, the maximum and minimum number of units in
 3082  each building, the maximum number of units, and the minimum and
 3083  maximum square footage of the units that may be contained within
 3084  each parcel of land which may be added to the cooperative.
 3085         (15) If the cooperative is created by conversion of
 3086  existing improvements, the following information must shall be
 3087  stated:
 3088         (a) The information required by s. 719.616.
 3089         (b) A caveat that there are no express warranties unless
 3090  they are stated in writing by the developer.
 3091         (16) A summary of the restrictions, if any, to be imposed
 3092  on units concerning the use of any of the cooperative property,
 3093  including statements as to whether there are restrictions upon
 3094  children and pets, and reference to the volumes and pages of the
 3095  cooperative documents where such restrictions are found, or if
 3096  such restrictions are contained elsewhere, then a copy of the
 3097  documents containing the restrictions shall be attached as an
 3098  exhibit.
 3099         (17) If there is any land that is offered by the developer
 3100  for use by the unit owners and that is neither owned by them nor
 3101  leased to them, the association, or any entity controlled by
 3102  unit owners and other persons having the use rights to such
 3103  land, a statement shall be made as to how such land will serve
 3104  the cooperative must be included. If any part of such land will
 3105  serve the cooperative, the statement must shall describe the
 3106  land and the nature and term of service, and the cooperative
 3107  documents or other instrument creating such servitude must shall
 3108  be included as an exhibit.
 3109         (18) The manner in which utility and other services,
 3110  including, but not limited to, sewage and waste disposal, water
 3111  supply, and storm drainage, will be provided and the person or
 3112  entity furnishing them.
 3113         (19) An explanation of the manner in which the
 3114  apportionment of common expenses and ownership of the common
 3115  areas have been determined.
 3116         (20) An estimated operating budget for the cooperative and
 3117  the association, and a schedule of the unit owner’s expenses
 3118  must shall be attached as an exhibit and shall contain the
 3119  following information:
 3120         (a) The estimated monthly and annual expenses of the
 3121  cooperative and the association that are collected from unit
 3122  owners by assessments.
 3123         (b) The estimated monthly and annual expenses of each unit
 3124  owner for a unit, other than assessments payable to the
 3125  association, payable by the unit owner to persons or entities
 3126  other than the association, and the total estimated monthly and
 3127  annual expense. Expenses There may be excluded from this
 3128  estimate which expenses that are personal to unit owners, which
 3129  are not uniformly incurred by all unit owners, or which are not
 3130  provided for or contemplated by the cooperative documents,
 3131  including, but not limited to, the costs of private telephone;
 3132  maintenance of the interior of cooperative units, which is not
 3133  the obligation of the association; maid or janitorial services
 3134  privately contracted for by the unit owners; utility bills
 3135  billed directly to each unit owner for utility services to his
 3136  or her unit; insurance premiums other than those incurred for
 3137  policies obtained by the cooperative; and similar personal
 3138  expenses of the unit owner. A unit owner’s estimated payments
 3139  for assessments must shall also be stated in the estimated
 3140  amounts for the times when they will be due.
 3141         (c) The estimated items of expenses of the cooperative and
 3142  the association, except as excluded under paragraph (b),
 3143  including, but not limited to, the following items, which must
 3144  shall be stated as an association expense collectible by
 3145  assessments or as unit owners’ expenses payable to persons other
 3146  than the association:
 3147         1. Expenses for the association and cooperative:
 3148         a. Administration of the association.
 3149         b. Management fees.
 3150         c. Maintenance.
 3151         d. Rent for recreational and other commonly used areas.
 3152         e. Taxes upon association property.
 3153         f. Taxes upon leased areas.
 3154         g. Insurance.
 3155         h. Security provisions.
 3156         i. Other expenses.
 3157         j. Operating capital.
 3158         k. Reserves.
 3159         l. Fee payable to the division.
 3160         2. Expenses for a unit owner:
 3161         a. Rent for the unit, if subject to a lease.
 3162         b. Rent payable by the unit owner directly to the lessor or
 3163  agent under any recreational lease or lease for the use of
 3164  commonly used areas, which use and payment are a mandatory
 3165  condition of ownership and are not included in the common
 3166  expense or assessments for common maintenance paid by the unit
 3167  owners to the association.
 3168         (d) The following statement in conspicuous type: THE BUDGET
 3169  CONTAINED IN THIS OFFERING CIRCULAR HAS BEEN PREPARED IN
 3170  ACCORDANCE WITH THE COOPERATIVE ACT AND IS A GOOD FAITH ESTIMATE
 3171  ONLY AND REPRESENTS AN APPROXIMATION OF FUTURE EXPENSES BASED ON
 3172  FACTS AND CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
 3173  ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED COSTS. SUCH
 3174  CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN
 3175  THE OFFERING.
 3176         (e) Each budget for an association prepared by a developer
 3177  consistent with this subsection shall be prepared in good faith
 3178  and shall reflect accurate estimated amounts for the required
 3179  items in paragraph (c) at the time of the filing of the offering
 3180  circular with the division, and subsequent increased amounts of
 3181  any item included in the association’s estimated budget which
 3182  that are beyond the control of the developer may shall not be
 3183  considered an amendment that would give rise to rescission
 3184  rights set forth in s. 719.503(1)(a) or (b), nor shall such
 3185  increases modify, void, or otherwise affect any guarantee of the
 3186  developer contained in the offering circular or any purchase
 3187  contract. It is the intent of this paragraph to clarify existing
 3188  law.
 3189         (f) The estimated amounts shall be stated for a period of
 3190  at least 12 months and may distinguish between the period prior
 3191  to the time unit owners other than the developer elect a
 3192  majority of the board of administration and the period after
 3193  that date.
 3194         (21) A schedule of estimated closing expenses to be paid by
 3195  a buyer or lessee of a unit and a statement of whether title
 3196  opinion or title insurance policy is available to the buyer and,
 3197  if so, at whose expense.
 3198         (22) The identity of the developer and the chief operating
 3199  officer or principal directing the creation and sale of the
 3200  cooperative and a statement of its and his or her experience in
 3201  this field.
 3202         (23) Copies of the following, to the extent they are
 3203  applicable, must shall be included as exhibits:
 3204         (a) The cooperative documents, or the proposed cooperative
 3205  documents if the documents have not been recorded.
 3206         (b) The articles of incorporation creating the association.
 3207         (c) The bylaws of the association.
 3208         (d) The ground lease or other underlying lease of the
 3209  cooperative.
 3210         (e) The management agreement and all maintenance and other
 3211  contracts for management of the association and operation of the
 3212  cooperative and facilities used by the unit owners having a
 3213  service term in excess of 1 year.
 3214         (f) The estimated operating budget for the cooperative and
 3215  the required schedule of unit owners’ expenses.
 3216         (g) A copy of the floor plan of the unit and the plot plan
 3217  showing the location of the residential buildings and the
 3218  recreation and other common areas.
 3219         (h) The lease of recreational and other facilities that
 3220  will be used only by unit owners of the subject cooperative.
 3221         (i) The lease of facilities used by owners and others.
 3222         (j) The form of unit lease, if the offer is of a leasehold.
 3223         (k) A declaration of servitude of properties serving the
 3224  cooperative but not owned by unit owners or leased to them or
 3225  the association.
 3226         (l) The statement of condition of the existing building or
 3227  buildings, if the offering is of units in an operation being
 3228  converted to cooperative ownership.
 3229         (m) The statement of inspection for termite damage and
 3230  treatment of the existing improvements, if the cooperative is a
 3231  conversion.
 3232         (n) The form of agreement for sale or lease of units.
 3233         (o) A copy of the agreement for escrow of payments made to
 3234  the developer before prior to closing.
 3235         (p) A copy of the documents containing any restrictions on
 3236  use of the property required by subsection (16).
 3237         (24) Any prospectus or offering circular complying with the
 3238  provisions of former ss. 711.69 and 711.802 may continue to be
 3239  used without amendment, or may be amended to comply with this
 3240  chapter.
 3241         (25) A brief narrative description of the location and
 3242  effect of all existing and intended easements located or to be
 3243  located on the cooperative property other than those in the
 3244  declaration.
 3245         (26) If the developer is required by state or local
 3246  authorities to obtain acceptance or approval of any dock or
 3247  marina facility intended to serve the cooperative, a copy of
 3248  such acceptance or approval acquired by the time of filing with
 3249  the division pursuant to s. 719.502 or a statement that such
 3250  acceptance has not been acquired or received.
 3251         (27) Evidence demonstrating that the developer has an
 3252  ownership, leasehold, or contractual interest in the land upon
 3253  which the cooperative is to be developed.
 3254         Section 38. Section 719.508, Florida Statutes, is amended
 3255  to read:
 3256         719.508 Regulation by Division of Hotels and Restaurants.
 3257  In addition to the authority, regulation, or control exercised
 3258  by the division of Florida Condominiums, Timeshares, and Mobile
 3259  Homes pursuant to this chapter act with respect to cooperatives,
 3260  buildings included in a cooperative property are shall be
 3261  subject to the authority, regulation, or control of the Division
 3262  of Hotels and Restaurants of the Department of Business and
 3263  Professional Regulation, to the extent provided in chapters 399
 3264  and 509.
 3265         Section 39. Paragraph (a) of subsection (2) of section
 3266  719.608, Florida Statutes, is amended to read:
 3267         719.608 Notice of intended conversion; time of delivery;
 3268  content.—
 3269         (2)(a) Each notice of intended conversion shall be dated
 3270  and in writing. The notice must shall contain the following
 3271  statement, with the phrases of the following statement which
 3272  appear in upper case printed in conspicuous type:
 3273  
 3274         These apartments are being converted to cooperative by
 3275  ...(name of developer)..., the developer.
 3276         1. YOU MAY REMAIN AS A RESIDENT UNTIL THE EXPIRATION OF
 3277  YOUR RENTAL AGREEMENT. FURTHER, YOU MAY EXTEND YOUR RENTAL
 3278  AGREEMENT AS FOLLOWS:
 3279         a. If you have continuously been a resident of these
 3280  apartments during the last 180 days and your rental agreement
 3281  expires during the next 270 days, you may extend your rental
 3282  agreement for up to 270 days after the date of this notice.
 3283         b. If you have not been a continuous resident of these
 3284  apartments for the last 180 days and your rental agreement
 3285  expires during the next 180 days, you may extend your rental
 3286  agreement for up to 180 days after the date of this notice.
 3287         c. IN ORDER FOR YOU TO EXTEND YOUR RENTAL AGREEMENT, YOU
 3288  MUST GIVE THE DEVELOPER WRITTEN NOTICE WITHIN 45 DAYS AFTER THE
 3289  DATE OF THIS NOTICE.
 3290         2. IF YOUR RENTAL AGREEMENT EXPIRES IN THE NEXT 45 DAYS,
 3291  you may extend your rental agreement for up to 45 days after the
 3292  date of this notice while you decide whether to extend your
 3293  rental agreement as explained above. To do so, you must notify
 3294  the developer in writing. You will then have the full 45 days to
 3295  decide whether to extend your rental agreement as explained
 3296  above.
 3297         3. During the extension of your rental agreement you will
 3298  be charged the same rent that you are now paying.
 3299         4. YOU MAY CANCEL YOUR RENTAL AGREEMENT AND ANY EXTENSION
 3300  OF THE RENTAL AGREEMENT AS FOLLOWS:
 3301         a. If your rental agreement began or was extended or
 3302  renewed after May 1, 1980, and your rental agreement, including
 3303  extensions and renewals, has an unexpired term of 180 days or
 3304  less, you may cancel your rental agreement upon 30 days’ written
 3305  notice and move. Also, upon 30 days’ written notice, you may
 3306  cancel any extension of the rental agreement.
 3307         b. If your rental agreement was not begun or was not
 3308  extended or renewed after May 1, 1980, you may not cancel the
 3309  rental agreement without the consent of the developer. If your
 3310  rental agreement, including extensions and renewals, has an
 3311  unexpired term of 180 days or less, you may, however, upon 30
 3312  days’ written notice cancel any extension of the rental
 3313  agreement.
 3314         5. All notices must be given in writing and sent by mail,
 3315  return receipt requested, or delivered in person to the
 3316  developer at this address: ...(name and address of
 3317  developer)....
 3318         6. If you have continuously been a resident of these
 3319  apartments during the last 180 days:
 3320         a. You have the right to purchase your apartment and will
 3321  have 45 days to decide whether to purchase. If you do not buy
 3322  the unit at that price and the unit is later offered at a lower
 3323  price, you will have the opportunity to buy the unit at the
 3324  lower price. However, in all events your right to purchase the
 3325  unit ends when the rental agreement or any extension of the
 3326  rental agreement ends or when you waive this right in writing.
 3327         b. Within 90 days you will be provided purchase information
 3328  relating to your apartment, including the price of your unit and
 3329  the condition of the building. If you do not receive this
 3330  information within 90 days, your rental agreement and any
 3331  extension will be extended 1 day for each day over 90 days until
 3332  you are given the purchase information. If you do not want this
 3333  rental agreement extension, you must notify the developer in
 3334  writing.
 3335         7. If you have any questions regarding this conversion or
 3336  the Cooperative Act, you may contact the developer or the state
 3337  agency that which regulates cooperatives: The Division of
 3338  Florida Condominiums, Homeowners’ Associations, Timeshares, and
 3339  Mobile Homes, ...(Tallahassee address and telephone number of
 3340  division)....
 3341         Section 40. Subsection (11) of section 721.05, Florida
 3342  Statutes, is amended to read:
 3343         721.05 Definitions.—As used in this chapter, the term:
 3344         (11) “Division” means the Division of Florida Condominiums,
 3345  Homeowners’ Associations, Timeshares, and Mobile Homes of the
 3346  Department of Business and Professional Regulation.
 3347         Section 41. Paragraph (d) of subsection (2) of section
 3348  721.07, Florida Statutes, is amended to read:
 3349         721.07 Public offering statement.—Before Prior to offering
 3350  any timeshare plan, the developer must submit a filed public
 3351  offering statement to the division for approval as prescribed by
 3352  s. 721.03, s. 721.55, or this section. Until the division
 3353  approves such filing, any contract regarding the sale of that
 3354  timeshare plan is subject to cancellation by the purchaser
 3355  pursuant to s. 721.10.
 3356         (2)
 3357         (d) A developer may shall have the authority to deliver to
 3358  purchasers any purchaser public offering statement that is not
 3359  yet approved by the division if, provided that the following
 3360  applies shall apply:
 3361         1. At the time the developer delivers an unapproved
 3362  purchaser public offering statement to a purchaser pursuant to
 3363  this paragraph, the developer shall deliver a fully completed
 3364  and executed copy of the purchase contract required by s. 721.06
 3365  which that contains the following statement in conspicuous type
 3366  in substantially the following form which replaces shall replace
 3367  the statements required by s. 721.06(1)(g):
 3368  
 3369  The developer is delivering to you a public offering statement
 3370  that has been filed with but not yet approved by the Division of
 3371  Florida Condominiums, Homeowners’ Associations, Timeshares, and
 3372  Mobile Homes. Any revisions to the unapproved public offering
 3373  statement you have received must be delivered to you, but only
 3374  if the revisions materially alter or modify the offering in a
 3375  manner adverse to you. After the division approves the public
 3376  offering statement, you will receive notice of the approval from
 3377  the developer and the required revisions, if any.
 3378  
 3379  Your statutory right to cancel this transaction without any
 3380  penalty or obligation expires 10 calendar days after the date
 3381  you signed your purchase contract or the date on which you
 3382  receive the last of all documents required to be given to you
 3383  pursuant to section 721.07(6), Florida Statutes, or 10 calendar
 3384  days after you receive revisions required to be delivered to
 3385  you, if any, whichever is later. If you decide to cancel this
 3386  contract, you must notify the seller in writing of your intent
 3387  to cancel. Your notice of cancellation shall be effective upon
 3388  the date sent and shall be sent to ...(Name of Seller)... at
 3389  ...(Address of Seller).... Any attempt to obtain a waiver of
 3390  your cancellation right is void and of no effect. While you may
 3391  execute all closing documents in advance, the closing, as
 3392  evidenced by delivery of the deed or other document, before
 3393  expiration of your 10-day cancellation period, is prohibited.
 3394  
 3395         2. After receipt of approval from the division and before
 3396  prior to closing, if any revisions made to the documents
 3397  contained in the purchaser public offering statement materially
 3398  alter or modify the offering in a manner adverse to a purchaser,
 3399  the developer shall send the purchaser such revisions, together
 3400  with a notice containing a statement in conspicuous type in
 3401  substantially the following form:
 3402  
 3403  The unapproved public offering statement previously delivered to
 3404  you, together with the enclosed revisions, has been approved by
 3405  the Division of Florida Condominiums, Homeowners’ Associations,
 3406  Timeshares, and Mobile Homes. Accordingly, your cancellation
 3407  right expires 10 calendar days after you sign your purchase
 3408  contract or 10 calendar days after you receive these revisions,
 3409  whichever is later. If you have any questions regarding your
 3410  cancellation rights, you may contact the division at [insert
 3411  division’s current address].
 3412  
 3413         3. After receipt of approval from the division and before
 3414  prior to closing, if no revisions have been made to the
 3415  documents contained in the unapproved purchaser public offering
 3416  statement, or if such revisions do not materially alter or
 3417  modify the offering in a manner adverse to a purchaser, the
 3418  developer shall send the purchaser a notice containing a
 3419  statement in conspicuous type in substantially the following
 3420  form:
 3421  
 3422  The unapproved public offering statement previously delivered to
 3423  you has been approved by the Division of Florida Condominiums,
 3424  Homeowners’ Associations, Timeshares, and Mobile Homes.
 3425  Revisions made to the unapproved public offering statement, if
 3426  any, are not required to be delivered to you or are not deemed
 3427  by the developer, in its opinion, to materially alter or modify
 3428  the offering in a manner that is adverse to you. Accordingly,
 3429  your cancellation right expired 10 days after you signed your
 3430  purchase contract. A complete copy of the approved public
 3431  offering statement is available through the managing entity for
 3432  inspection as part of the books and records of the plan. If you
 3433  have any questions regarding your cancellation rights, you may
 3434  contact the division at [insert division’s current address].
 3435         Section 42. Subsection (8) of section 721.08, Florida
 3436  Statutes, is amended to read:
 3437         721.08 Escrow accounts; nondisturbance instruments;
 3438  alternate security arrangements; transfer of legal title.—
 3439         (8) An escrow agent holding escrowed funds pursuant to this
 3440  chapter which that have not been claimed for a period of 5 years
 3441  after the date of deposit shall make at least one reasonable
 3442  attempt to deliver such unclaimed funds to the purchaser who
 3443  submitted such funds to escrow. In making such attempt, an
 3444  escrow agent is entitled to rely on a purchaser’s last known
 3445  address as set forth in the books and records of the escrow
 3446  agent and is not required to conduct any further search for the
 3447  purchaser. If an escrow agent’s attempt to deliver unclaimed
 3448  funds to any purchaser is unsuccessful, the escrow agent may
 3449  deliver the such unclaimed funds to the division and the
 3450  division shall deposit such unclaimed funds in the Division of
 3451  Florida Condominiums, Homeowners’ Associations, Timeshares, and
 3452  Mobile Homes Trust Fund, 30 days after giving notice in a
 3453  publication of general circulation in the county in which the
 3454  timeshare property containing the purchaser’s timeshare interest
 3455  is located. The purchaser may claim the same at any time before
 3456  prior to the delivery of such funds to the division. After
 3457  delivery of such funds to the division, the purchaser has shall
 3458  have no more rights to the unclaimed funds. The escrow agent is
 3459  shall not be liable for any claims from any party arising out of
 3460  the escrow agent’s delivery of the unclaimed funds to the
 3461  division pursuant to this section.
 3462         Section 43. Paragraph (e) of subsection (5) of section
 3463  721.26, Florida Statutes, is amended to read:
 3464         721.26 Regulation by division.—The division has the power
 3465  to enforce and ensure compliance with this chapter, except for
 3466  parts III and IV, using the powers provided in this chapter, as
 3467  well as the powers prescribed in chapters 718 and 719. In
 3468  performing its duties, the division shall have the following
 3469  powers and duties:
 3470         (5) Notwithstanding any remedies available to purchasers,
 3471  if the division has reasonable cause to believe that a violation
 3472  of this chapter, or of any division rule adopted or order issued
 3473  pursuant to this chapter, has occurred, the division may
 3474  institute enforcement proceedings in its own name against any
 3475  regulated party, as such term is defined in this subsection:
 3476         (e)1. The division may impose a penalty against any
 3477  regulated party for a violation of this chapter or any rule
 3478  adopted thereunder. A penalty may be imposed on the basis of
 3479  each day of continuing violation, but in no event may not the
 3480  penalty for any offense exceed $10,000. All accounts collected
 3481  shall be deposited with the Chief Financial Officer to the
 3482  credit of the Division of Florida Condominiums, Homeowners’
 3483  Associations, Timeshares, and Mobile Homes Trust Fund.
 3484         2.a. If a regulated party fails to pay a penalty, the
 3485  division shall thereupon issue an order directing that such
 3486  regulated party cease and desist from further operation until
 3487  such time as the penalty is paid; or the division may pursue
 3488  court enforcement of the penalty in a court of competent
 3489  jurisdiction.
 3490         b. If an owners’ association or managing entity fails to
 3491  pay a civil penalty, the division may pursue court enforcement
 3492  in a court of competent jurisdiction.
 3493         Section 44. Section 721.28, Florida Statutes, is amended to
 3494  read:
 3495         721.28 Division of Florida Condominiums, Homeowners’
 3496  Associations, Timeshares, and Mobile Homes Trust Fund.—All funds
 3497  collected by the division and any amounts paid as fees, fines,
 3498  or penalties or from costs awarded to the division by a court or
 3499  administrative final order under this chapter shall be deposited
 3500  in the State Treasury to the credit of the Division of Florida
 3501  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
 3502  Homes Trust Fund created by s. 718.509.
 3503         Section 45. Paragraph (c) of subsection (1) of section
 3504  721.301, Florida Statutes, is amended to read:
 3505         721.301 Florida Timesharing, Vacation Club, and Hospitality
 3506  Program.—
 3507         (1)
 3508         (c) The director may designate up to $50,000 annually funds
 3509  from the Division of Florida Condominiums, Homeowners’
 3510  Associations, Timeshares, and Mobile Homes Trust Fund, not to
 3511  exceed $50,000 annually, to support the projects and proposals
 3512  undertaken pursuant to paragraph (b). All state trust funds to
 3513  be expended pursuant to this section must be matched equally
 3514  with private moneys and shall comprise no more than half of the
 3515  total moneys expended annually.
 3516         Section 46. Subsection (1) of section 723.003, Florida
 3517  Statutes, is amended to read:
 3518         723.003 Definitions.—As used in this chapter, the following
 3519  words and terms have the following meanings unless clearly
 3520  indicated otherwise:
 3521         (1) The term “division” means the Division of Florida
 3522  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
 3523  Homes of the Department of Business and Professional Regulation.
 3524         Section 47. Paragraph (e) of subsection (5) of section
 3525  723.006, Florida Statutes, is amended to read:
 3526         723.006 Powers and duties of division.—In performing its
 3527  duties, the division has the following powers and duties:
 3528         (5) Notwithstanding any remedies available to mobile home
 3529  owners, mobile home park owners, and homeowners’ associations,
 3530  if the division has reasonable cause to believe that a violation
 3531  of any provision of this chapter or related rule has occurred,
 3532  the division may institute enforcement proceedings in its own
 3533  name against a developer, mobile home park owner, or homeowners’
 3534  association, or its assignee or agent, as follows:
 3535         (e)1. The division may impose a civil penalty against a
 3536  mobile home park owner or homeowners’ association, or its
 3537  assignee or agent, for any violation of this chapter, related
 3538  rule, or a properly adopted park rule or regulation, or a rule
 3539  adopted pursuant hereto. A penalty may be imposed on the basis
 3540  of each separate violation and, if the violation is a continuing
 3541  one, for each day of continuing violation, but in no event may
 3542  the penalty for each separate violation or for each day of
 3543  continuing violation exceed $5,000. All amounts collected shall
 3544  be deposited with the Chief Financial Officer to the credit of
 3545  the Division of Florida Condominiums, Homeowners’ Associations,
 3546  Timeshares, and Mobile Homes Trust Fund.
 3547         2. If a violator fails to pay the civil penalty, the
 3548  division shall thereupon issue an order directing that such
 3549  violator cease and desist from further violation until such time
 3550  as the civil penalty is paid or may pursue enforcement of the
 3551  penalty in a court of competent jurisdiction. If a homeowners’
 3552  association fails to pay the civil penalty, the division shall
 3553  thereupon pursue court enforcement in a court of competent
 3554  jurisdiction, and the order imposing the civil penalty or the
 3555  cease and desist order does shall not become effective until 20
 3556  days after the date of such order. Any action commenced by the
 3557  division shall be brought in the county in which the division
 3558  has its executive offices or in which the violation occurred.
 3559         Section 48. Section 723.009, Florida Statutes, is amended
 3560  to read:
 3561         723.009 Division of Florida Condominiums, Homeowners’
 3562  Associations, Timeshares, and Mobile Homes Trust Fund.—All
 3563  proceeds from the fees, penalties, and fines imposed pursuant to
 3564  this chapter shall be deposited into the Division of Florida
 3565  Condominiums, Homeowners’ Associations, Timeshares, and Mobile
 3566  Homes Trust Fund created by s. 718.509. Moneys in the this fund,
 3567  as appropriated by the Legislature pursuant to chapter 216, may
 3568  be used to defray the expenses incurred by the division in
 3569  administering the provisions of this chapter.
 3570         Section 49. Paragraph (c) of subsection (2) of section
 3571  723.0611, Florida Statutes, is amended to read:
 3572         723.0611 Florida Mobile Home Relocation Corporation.—
 3573         (2)
 3574         (c) The corporation shall, for purposes of s. 768.28, be
 3575  considered an agency of the state. Agents or employees of the
 3576  corporation, members of the board of directors of the
 3577  corporation, or representatives of the division of Florida
 3578  Condominiums, Timeshares, and Mobile Homes shall be considered
 3579  officers, employees, or agents of the state, and actions against
 3580  them and the corporation are shall be governed by s. 768.28.
 3581         Section 50. This act shall take effect July 1, 2013.