Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1172
       
       
       
       
       
       
                                Ì287860:Î287860                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Regulated Industries (Latvala) recommended the
       following:
       
    1         Senate Amendment to Amendment (363030) 
    2  
    3         Delete lines 33 - 130
    4  and insert:
    5  together with a related entity or entities that would be
    6  considered insiders, as defined in s. 726.102, holding such
    7  voting interests. If the condominium association is a
    8  residential association proposed for termination pursuant to
    9  this section and, at the time of recording the plan of
   10  termination, at least 80 percent of the total voting interests
   11  are owned by a bulk owner, the plan of termination is subject to
   12  the following conditions and limitations:
   13         1.If the former condominium units are offered for lease to
   14  the public after the termination, each unit owner in occupancy
   15  immediately before the date of recording of the plan of
   16  termination may lease his or her former unit and remain in
   17  possession of the unit for 12 months after the effective date of
   18  the termination on the same terms as similar unit types within
   19  the property are being offered to the public. In order to obtain
   20  a lease and exercise the right to retain exclusive possession of
   21  the unit owner’s former unit, the unit owner must make a written
   22  request to the termination trustee to rent the former unit
   23  within 90 days after the date the plan of termination is
   24  recorded. Any unit owner who fails to timely make such written
   25  request and sign a lease within 15 days after being presented
   26  with a lease is deemed to have waived his or her right to retain
   27  possession of his or her former unit and is required to vacate
   28  the former unit upon the effective date of the termination,
   29  unless otherwise provided in the plan of termination.
   30         2.Any former unit owner whose unit was granted homestead
   31  exemption status by the applicable county property appraiser as
   32  of the date of the recording of the plan of termination shall be
   33  paid a relocation payment in an amount equal to 1 percent of the
   34  termination proceeds allocated to the owner’s former unit. Any
   35  relocation payment payable under this subparagraph shall be paid
   36  by the single entity or related entities owning at least 80
   37  percent of the total voting interests. Such relocation payment
   38  is in addition to the termination proceeds for such owner’s
   39  former unit and shall be paid no later than 10 days after the
   40  former unit owner vacates his or her former unit.
   41         3.All unit owners other than the bulk owner shall be
   42  compensated at least 100 percent of the fair market value of
   43  their respective units. The fair market value shall be
   44  determined by an independent appraiser, selected by the
   45  termination trustee, as of a date that is no earlier than 90
   46  days before the date that the plan of termination is recorded.
   47  Notwithstanding subsection (12), the allocation of the proceeds
   48  of the sale of condominium property to owners of units
   49  dissenting or objecting to the plan of termination must be 110
   50  percent of the original purchase price, or 110 percent of fair
   51  market value, whichever is greater. For purposes of this
   52  subparagraph, the term “fair market value” means the price of a
   53  unit that a seller is willing to accept and a buyer is willing
   54  to pay on the open market in an arms-length transaction based on
   55  similar units sold in other condominiums, including units sold
   56  in bulk purchases but excluding units sold at wholesale or
   57  distressed prices. The purchase price of units acquired in bulk
   58  following a bankruptcy or foreclosure may not be considered for
   59  purposes of determining fair market value.
   60         4.A plan of termination is not effective unless the plan
   61  provides that outstanding first mortgages of all unit owners
   62  other than the bulk owner are satisfied in full before, or
   63  simultaneously with, the termination.
   64         5.Before presenting a plan of termination to the unit
   65  owners for consideration pursuant to this paragraph, the plan
   66  must include the following written disclosures in a sworn
   67  statement:
   68         a.The identity of any person or entity that owns or
   69  controls 50 percent or more of the units in the condominium and,
   70  if the units are owned by an artificial entity or entities, a
   71  disclosure of the natural person or persons who, directly or
   72  indirectly, manage or control the entity or entities and the
   73  natural person or persons who, directly or indirectly, own or
   74  control 20 percent or more of the artificial entity or entities
   75  that constitute the bulk owner.
   76         b.The units acquired by any bulk owner, the date each unit
   77  was acquired, and the total amount of compensation paid to each
   78  prior unit owner by the bulk owner, regardless of whether
   79  attributed to the purchase price of the unit.
   80         c.The relationship of any board member to the bulk owner
   81  or any person or entity affiliated with the bulk owner subject
   82  to disclosure pursuant to this subparagraph.
   83         (e)If the members of the board of administration are
   84  elected by the bulk owner, unit owners other than the bulk owner
   85  may elect at least one-third of the members of the board of
   86  administration before the approval of any plan of termination by
   87  the board.