Florida Senate - 2015                                    SB 1454
       
       
        
       By Senator Garcia
       
       
       
       
       
       38-01229B-15                                          20151454__
    1                        A bill to be entitled                      
    2         An act relating to the Division of Florida
    3         Condominiums, Timeshares, and Mobile Homes; amending
    4         s. 718.111, F.S.; authorizing the Division of Florida
    5         Condominiums, Timeshares, and Mobile Homes within the
    6         Department of Business and Professional Regulation to
    7         audit an association’s financial statements if a unit
    8         owner is not provided with a financial report after a
    9         second written request; amending s. 718.112, F.S.;
   10         requiring the division to coordinate and monitor
   11         future recall proceedings of a board if the unit
   12         owners have attempted to recall the same board member
   13         at least two times; amending s. 718.501, F.S.;
   14         requiring the division to enforce and ensure
   15         compliance with specified provisions and rules;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (13) of section 718.111, Florida
   21  Statutes, is amended to read:
   22         718.111 The association.—
   23         (13) FINANCIAL REPORTING.—Within 90 days after the end of
   24  the fiscal year, or annually on a date provided in the bylaws,
   25  the association shall prepare and complete, or contract for the
   26  preparation and completion of, a financial report for the
   27  preceding fiscal year. Within 21 days after the final financial
   28  report is completed by the association or received from the
   29  third party, but not later than 120 days after the end of the
   30  fiscal year or other date as provided in the bylaws, the
   31  association shall mail to each unit owner at the address last
   32  furnished to the association by the unit owner, or hand deliver
   33  to each unit owner, a copy of the financial report or a notice
   34  that a copy of the financial report will be mailed or hand
   35  delivered to the unit owner, without charge, upon receipt of a
   36  written request from the unit owner. If a unit owner is not
   37  provided with the financial report after a second written
   38  request, the division may audit the association’s financial
   39  statements. The division shall adopt rules setting forth uniform
   40  accounting principles and standards to be used by all
   41  associations and addressing the financial reporting requirements
   42  for multicondominium associations. The rules must include, but
   43  not be limited to, standards for presenting a summary of
   44  association reserves, including a good faith estimate disclosing
   45  the annual amount of reserve funds that would be necessary for
   46  the association to fully fund reserves for each reserve item
   47  based on the straight-line accounting method. This disclosure is
   48  not applicable to reserves funded via the pooling method. In
   49  adopting such rules, the division shall consider the number of
   50  members and annual revenues of an association. Financial reports
   51  shall be prepared as follows:
   52         (a) An association that meets the criteria of this
   53  paragraph shall prepare a complete set of financial statements
   54  in accordance with generally accepted accounting principles. The
   55  financial statements must be based upon the association’s total
   56  annual revenues, as follows:
   57         1. An association with total annual revenues of $150,000 or
   58  more, but less than $300,000, shall prepare compiled financial
   59  statements.
   60         2. An association with total annual revenues of at least
   61  $300,000, but less than $500,000, shall prepare reviewed
   62  financial statements.
   63         3. An association with total annual revenues of $500,000 or
   64  more shall prepare audited financial statements.
   65         (b)1. An association with total annual revenues of less
   66  than $150,000 shall prepare a report of cash receipts and
   67  expenditures.
   68         2. An association that operates fewer than 50 units,
   69  regardless of the association’s annual revenues, shall prepare a
   70  report of cash receipts and expenditures in lieu of financial
   71  statements required by paragraph (a).
   72         3. A report of cash receipts and disbursements must
   73  disclose the amount of receipts by accounts and receipt
   74  classifications and the amount of expenses by accounts and
   75  expense classifications, including, but not limited to, the
   76  following, as applicable: costs for security, professional and
   77  management fees and expenses, taxes, costs for recreation
   78  facilities, expenses for refuse collection and utility services,
   79  expenses for lawn care, costs for building maintenance and
   80  repair, insurance costs, administration and salary expenses, and
   81  reserves accumulated and expended for capital expenditures,
   82  deferred maintenance, and any other category for which the
   83  association maintains reserves.
   84         (c) An association may prepare, without a meeting of or
   85  approval by the unit owners:
   86         1. Compiled, reviewed, or audited financial statements, if
   87  the association is required to prepare a report of cash receipts
   88  and expenditures;
   89         2. Reviewed or audited financial statements, if the
   90  association is required to prepare compiled financial
   91  statements; or
   92         3. Audited financial statements if the association is
   93  required to prepare reviewed financial statements.
   94         (d) If approved by a majority of the voting interests
   95  present at a properly called meeting of the association, an
   96  association may prepare:
   97         1. A report of cash receipts and expenditures in lieu of a
   98  compiled, reviewed, or audited financial statement;
   99         2. A report of cash receipts and expenditures or a compiled
  100  financial statement in lieu of a reviewed or audited financial
  101  statement; or
  102         3. A report of cash receipts and expenditures, a compiled
  103  financial statement, or a reviewed financial statement in lieu
  104  of an audited financial statement.
  105  
  106  Such meeting and approval must occur before the end of the
  107  fiscal year and is effective only for the fiscal year in which
  108  the vote is taken, except that the approval may also be
  109  effective for the following fiscal year. If the developer has
  110  not turned over control of the association, all unit owners,
  111  including the developer, may vote on issues related to the
  112  preparation of the association’s financial reports, from the
  113  date of incorporation of the association through the end of the
  114  second fiscal year after the fiscal year in which the
  115  certificate of a surveyor and mapper is recorded pursuant to s.
  116  718.104(4)(e) or an instrument that transfers title to a unit in
  117  the condominium which is not accompanied by a recorded
  118  assignment of developer rights in favor of the grantee of such
  119  unit is recorded, whichever occurs first. Thereafter, all unit
  120  owners except the developer may vote on such issues until
  121  control is turned over to the association by the developer. Any
  122  audit or review prepared under this section shall be paid for by
  123  the developer if done before turnover of control of the
  124  association. An association may not waive the financial
  125  reporting requirements of this section for more than 3
  126  consecutive years.
  127         Section 2. Paragraph (j) of subsection (2) of section
  128  718.112, Florida Statutes, is amended to read:
  129         718.112 Bylaws.—
  130         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  131  following and, if they do not do so, shall be deemed to include
  132  the following:
  133         (j) Recall of board members.—Subject to s. 718.301, any
  134  member of the board of administration may be recalled and
  135  removed from office with or without cause by the vote or
  136  agreement in writing by a majority of all the voting interests.
  137  A special meeting of the unit owners to recall a member or
  138  members of the board of administration may be called by 10
  139  percent of the voting interests giving notice of the meeting as
  140  required for a meeting of unit owners, and the notice shall
  141  state the purpose of the meeting. Electronic transmission may
  142  not be used as a method of giving notice of a meeting called in
  143  whole or in part for this purpose.
  144         1. If the recall is approved by a majority of all voting
  145  interests by a vote at a meeting, the recall will be effective
  146  as provided in this paragraph. The board shall duly notice and
  147  hold a board meeting within 5 full business days after the
  148  adjournment of the unit owner meeting to recall one or more
  149  board members. At the meeting, the board shall either certify
  150  the recall, in which case such member or members shall be
  151  recalled effective immediately and shall turn over to the board
  152  within 5 full business days any and all records and property of
  153  the association in their possession, or shall proceed as set
  154  forth in subparagraph 3.
  155         2. If the proposed recall is by an agreement in writing by
  156  a majority of all voting interests, the agreement in writing or
  157  a copy thereof shall be served on the association by certified
  158  mail or by personal service in the manner authorized by chapter
  159  48 and the Florida Rules of Civil Procedure. The board of
  160  administration shall duly notice and hold a meeting of the board
  161  within 5 full business days after receipt of the agreement in
  162  writing. At the meeting, the board shall either certify the
  163  written agreement to recall a member or members of the board, in
  164  which case such member or members shall be recalled effective
  165  immediately and shall turn over to the board within 5 full
  166  business days any and all records and property of the
  167  association in their possession, or proceed as described in
  168  subparagraph 3.
  169         3. If the board determines not to certify the written
  170  agreement to recall a member or members of the board, or does
  171  not certify the recall by a vote at a meeting, the board shall,
  172  within 5 full business days after the meeting, file with the
  173  division a petition for arbitration pursuant to the procedures
  174  in s. 718.1255. For the purposes of this section, the unit
  175  owners who voted at the meeting or who executed the agreement in
  176  writing shall constitute one party under the petition for
  177  arbitration. If the arbitrator certifies the recall as to any
  178  member or members of the board, the recall will be effective
  179  upon mailing of the final order of arbitration to the
  180  association. If the association fails to comply with the order
  181  of the arbitrator, the division may take action pursuant to s.
  182  718.501. Any member or members so recalled shall deliver to the
  183  board any and all records of the association in their possession
  184  within 5 full business days after the effective date of the
  185  recall.
  186         4. If the board fails to duly notice and hold a board
  187  meeting within 5 full business days after service of an
  188  agreement in writing or within 5 full business days after the
  189  adjournment of the unit owner recall meeting, the recall shall
  190  be deemed effective and the board members so recalled shall
  191  immediately turn over to the board any and all records and
  192  property of the association.
  193         5. If the board fails to duly notice and hold the required
  194  meeting or fails to file the required petition, the unit owner
  195  representative may file a petition pursuant to s. 718.1255
  196  challenging the board’s failure to act. The petition must be
  197  filed within 60 days after the expiration of the applicable 5
  198  full-business-day period. The review of a petition under this
  199  subparagraph is limited to the sufficiency of service on the
  200  board and the facial validity of the written agreement or
  201  ballots filed.
  202         6. If a vacancy occurs on the board as a result of a recall
  203  or removal and less than a majority of the board members are
  204  removed, the vacancy may be filled by the affirmative vote of a
  205  majority of the remaining directors, notwithstanding any
  206  provision to the contrary contained in this subsection. If
  207  vacancies occur on the board as a result of a recall and a
  208  majority or more of the board members are removed, the vacancies
  209  shall be filled in accordance with procedural rules to be
  210  adopted by the division, which rules need not be consistent with
  211  this subsection. The rules must provide procedures governing the
  212  conduct of the recall election as well as the operation of the
  213  association during the period after a recall but before the
  214  recall election.
  215         7. A board member who has been recalled may file a petition
  216  pursuant to s. 718.1255 challenging the validity of the recall.
  217  The petition must be filed within 60 days after the recall is
  218  deemed certified. The association and the unit owner
  219  representative shall be named as the respondents.
  220         8. The division may not accept for filing a recall
  221  petition, whether filed pursuant to subparagraph 1.,
  222  subparagraph 2., subparagraph 5., or subparagraph 7. and
  223  regardless of whether the recall was certified, when there are
  224  60 or fewer days until the scheduled reelection of the board
  225  member sought to be recalled or when 60 or fewer days have
  226  elapsed since the election of the board member sought to be
  227  recalled.
  228         9. If the unit owners have attempted to recall the same
  229  board member at least two times, the division must coordinate
  230  and monitor future recall proceedings of the board.
  231         Section 3. Subsection (1) of section 718.501, Florida
  232  Statutes, is amended to read:
  233         718.501 Authority, responsibility, and duties of Division
  234  of Florida Condominiums, Timeshares, and Mobile Homes.—
  235         (1) The division shall may enforce and ensure compliance
  236  with the provisions of this chapter and rules relating to the
  237  development, construction, sale, lease, ownership, operation,
  238  and management of residential condominium units. In performing
  239  its duties, the division has complete jurisdiction to
  240  investigate complaints and enforce compliance with respect to
  241  associations that are still under developer control or the
  242  control of a bulk assignee or bulk buyer pursuant to part VII of
  243  this chapter and complaints against developers, bulk assignees,
  244  or bulk buyers involving improper turnover or failure to
  245  turnover, pursuant to s. 718.301. However, after turnover has
  246  occurred, the division has jurisdiction to investigate
  247  complaints related only to financial issues, elections, and unit
  248  owner access to association records pursuant to s. 718.111(12).
  249         (a)1. The division may make necessary public or private
  250  investigations within or outside this state to determine whether
  251  any person has violated this chapter or any rule or order
  252  hereunder, to aid in the enforcement of this chapter, or to aid
  253  in the adoption of rules or forms.
  254         2. The division may submit any official written report,
  255  worksheet, or other related paper, or a duly certified copy
  256  thereof, compiled, prepared, drafted, or otherwise made by and
  257  duly authenticated by a financial examiner or analyst to be
  258  admitted as competent evidence in any hearing in which the
  259  financial examiner or analyst is available for cross-examination
  260  and attests under oath that such documents were prepared as a
  261  result of an examination or inspection conducted pursuant to
  262  this chapter.
  263         (b) The division may require or permit any person to file a
  264  statement in writing, under oath or otherwise, as the division
  265  determines, as to the facts and circumstances concerning a
  266  matter to be investigated.
  267         (c) For the purpose of any investigation under this
  268  chapter, the division director or any officer or employee
  269  designated by the division director may administer oaths or
  270  affirmations, subpoena witnesses and compel their attendance,
  271  take evidence, and require the production of any matter which is
  272  relevant to the investigation, including the existence,
  273  description, nature, custody, condition, and location of any
  274  books, documents, or other tangible things and the identity and
  275  location of persons having knowledge of relevant facts or any
  276  other matter reasonably calculated to lead to the discovery of
  277  material evidence. Upon the failure by a person to obey a
  278  subpoena or to answer questions propounded by the investigating
  279  officer and upon reasonable notice to all affected persons, the
  280  division may apply to the circuit court for an order compelling
  281  compliance.
  282         (d) Notwithstanding any remedies available to unit owners
  283  and associations, if the division has reasonable cause to
  284  believe that a violation of any provision of this chapter or
  285  related rule has occurred, the division may institute
  286  enforcement proceedings in its own name against any developer,
  287  bulk assignee, bulk buyer, association, officer, or member of
  288  the board of administration, or its assignees or agents, as
  289  follows:
  290         1. The division may permit a person whose conduct or
  291  actions may be under investigation to waive formal proceedings
  292  and enter into a consent proceeding whereby orders, rules, or
  293  letters of censure or warning, whether formal or informal, may
  294  be entered against the person.
  295         2. The division may issue an order requiring the developer,
  296  bulk assignee, bulk buyer, association, developer-designated
  297  officer, or developer-designated member of the board of
  298  administration, developer-designated assignees or agents, bulk
  299  assignee-designated assignees or agents, bulk buyer-designated
  300  assignees or agents, community association manager, or community
  301  association management firm to cease and desist from the
  302  unlawful practice and take such affirmative action as in the
  303  judgment of the division carry out the purposes of this chapter.
  304  If the division finds that a developer, bulk assignee, bulk
  305  buyer, association, officer, or member of the board of
  306  administration, or its assignees or agents, is violating or is
  307  about to violate any provision of this chapter, any rule adopted
  308  or order issued by the division, or any written agreement
  309  entered into with the division, and presents an immediate danger
  310  to the public requiring an immediate final order, it may issue
  311  an emergency cease and desist order reciting with particularity
  312  the facts underlying such findings. The emergency cease and
  313  desist order is effective for 90 days. If the division begins
  314  nonemergency cease and desist proceedings, the emergency cease
  315  and desist order remains effective until the conclusion of the
  316  proceedings under ss. 120.569 and 120.57.
  317         3. If a developer, bulk assignee, or bulk buyer, fails to
  318  pay any restitution determined by the division to be owed, plus
  319  any accrued interest at the highest rate permitted by law,
  320  within 30 days after expiration of any appellate time period of
  321  a final order requiring payment of restitution or the conclusion
  322  of any appeal thereof, whichever is later, the division must
  323  bring an action in circuit or county court on behalf of any
  324  association, class of unit owners, lessees, or purchasers for
  325  restitution, declaratory relief, injunctive relief, or any other
  326  available remedy. The division may also temporarily revoke its
  327  acceptance of the filing for the developer to which the
  328  restitution relates until payment of restitution is made.
  329         4. The division may petition the court for appointment of a
  330  receiver or conservator. If appointed, the receiver or
  331  conservator may take action to implement the court order to
  332  ensure the performance of the order and to remedy any breach
  333  thereof. In addition to all other means provided by law for the
  334  enforcement of an injunction or temporary restraining order, the
  335  circuit court may impound or sequester the property of a party
  336  defendant, including books, papers, documents, and related
  337  records, and allow the examination and use of the property by
  338  the division and a court-appointed receiver or conservator.
  339         5. The division may apply to the circuit court for an order
  340  of restitution whereby the defendant in an action brought
  341  pursuant to subparagraph 4. is ordered to make restitution of
  342  those sums shown by the division to have been obtained by the
  343  defendant in violation of this chapter. At the option of the
  344  court, such restitution is payable to the conservator or
  345  receiver appointed pursuant to subparagraph 4. or directly to
  346  the persons whose funds or assets were obtained in violation of
  347  this chapter.
  348         6. The division may impose a civil penalty against a
  349  developer, bulk assignee, or bulk buyer, or association, or its
  350  assignee or agent, for any violation of this chapter or related
  351  rule. The division may impose a civil penalty individually
  352  against an officer or board member who willfully and knowingly
  353  violates a provision of this chapter, adopted rule, or a final
  354  order of the division; may order the removal of such individual
  355  as an officer or from the board of administration or as an
  356  officer of the association; and may prohibit such individual
  357  from serving as an officer or on the board of a community
  358  association for a period of time. The term “willfully and
  359  knowingly” means that the division informed the officer or board
  360  member that his or her action or intended action violates this
  361  chapter, a rule adopted under this chapter, or a final order of
  362  the division and that the officer or board member refused to
  363  comply with the requirements of this chapter, a rule adopted
  364  under this chapter, or a final order of the division. The
  365  division, before initiating formal agency action under chapter
  366  120, must afford the officer or board member an opportunity to
  367  voluntarily comply, and an officer or board member who complies
  368  within 10 days is not subject to a civil penalty. A penalty may
  369  be imposed on the basis of each day of continuing violation, but
  370  the penalty for any offense may not exceed $5,000. By January 1,
  371  1998, the division shall adopt, by rule, penalty guidelines
  372  applicable to possible violations or to categories of violations
  373  of this chapter or rules adopted by the division. The guidelines
  374  must specify a meaningful range of civil penalties for each such
  375  violation of the statute and rules and must be based upon the
  376  harm caused by the violation, the repetition of the violation,
  377  and upon such other factors deemed relevant by the division. For
  378  example, the division may consider whether the violations were
  379  committed by a developer, bulk assignee, or bulk buyer, or
  380  owner-controlled association, the size of the association, and
  381  other factors. The guidelines must designate the possible
  382  mitigating or aggravating circumstances that justify a departure
  383  from the range of penalties provided by the rules. It is the
  384  legislative intent that minor violations be distinguished from
  385  those which endanger the health, safety, or welfare of the
  386  condominium residents or other persons and that such guidelines
  387  provide reasonable and meaningful notice to the public of likely
  388  penalties that may be imposed for proscribed conduct. This
  389  subsection does not limit the ability of the division to
  390  informally dispose of administrative actions or complaints by
  391  stipulation, agreed settlement, or consent order. All amounts
  392  collected shall be deposited with the Chief Financial Officer to
  393  the credit of the Division of Florida Condominiums, Timeshares,
  394  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
  395  bulk buyer fails to pay the civil penalty and the amount deemed
  396  to be owed to the association, the division shall issue an order
  397  directing that such developer, bulk assignee, or bulk buyer
  398  cease and desist from further operation until such time as the
  399  civil penalty is paid or may pursue enforcement of the penalty
  400  in a court of competent jurisdiction. If an association fails to
  401  pay the civil penalty, the division shall pursue enforcement in
  402  a court of competent jurisdiction, and the order imposing the
  403  civil penalty or the cease and desist order is not effective
  404  until 20 days after the date of such order. Any action commenced
  405  by the division shall be brought in the county in which the
  406  division has its executive offices or in the county where the
  407  violation occurred.
  408         7. If a unit owner presents the division with proof that
  409  the unit owner has requested access to official records in
  410  writing by certified mail, and that after 10 days the unit owner
  411  again made the same request for access to official records in
  412  writing by certified mail, and that more than 10 days has
  413  elapsed since the second request and the association has still
  414  failed or refused to provide access to official records as
  415  required by this chapter, the division shall issue a subpoena
  416  requiring production of the requested records where the records
  417  are kept pursuant to s. 718.112.
  418         8. In addition to subparagraph 6., the division may seek
  419  the imposition of a civil penalty through the circuit court for
  420  any violation for which the division may issue a notice to show
  421  cause under paragraph (r). The civil penalty shall be at least
  422  $500 but no more than $5,000 for each violation. The court may
  423  also award to the prevailing party court costs and reasonable
  424  attorney’s fees and, if the division prevails, may also award
  425  reasonable costs of investigation.
  426         (e) The division may prepare and disseminate a prospectus
  427  and other information to assist prospective owners, purchasers,
  428  lessees, and developers of residential condominiums in assessing
  429  the rights, privileges, and duties pertaining thereto.
  430         (f) The division may adopt rules to administer and enforce
  431  the provisions of this chapter.
  432         (g) The division shall establish procedures for providing
  433  notice to an association and the developer, bulk assignee, or
  434  bulk buyer during the period in which the developer, bulk
  435  assignee, or bulk buyer controls the association if the division
  436  is considering the issuance of a declaratory statement with
  437  respect to the declaration of condominium or any related
  438  document governing such condominium community.
  439         (h) The division shall furnish each association that pays
  440  the fees required by paragraph (2)(a) a copy of this chapter, as
  441  amended, and the rules adopted thereto on an annual basis.
  442         (i) The division shall annually provide each association
  443  with a summary of declaratory statements and formal legal
  444  opinions relating to the operations of condominiums which were
  445  rendered by the division during the previous year.
  446         (j) The division shall provide training and educational
  447  programs for condominium association board members and unit
  448  owners. The training may, in the division’s discretion, include
  449  web-based electronic media, and live training and seminars in
  450  various locations throughout the state. The division may review
  451  and approve education and training programs for board members
  452  and unit owners offered by providers and shall maintain a
  453  current list of approved programs and providers and make such
  454  list available to board members and unit owners in a reasonable
  455  and cost-effective manner.
  456         (k) The division shall maintain a toll-free telephone
  457  number accessible to condominium unit owners.
  458         (l) The division shall develop a program to certify both
  459  volunteer and paid mediators to provide mediation of condominium
  460  disputes. The division shall provide, upon request, a list of
  461  such mediators to any association, unit owner, or other
  462  participant in arbitration proceedings under s. 718.1255
  463  requesting a copy of the list. The division shall include on the
  464  list of volunteer mediators only the names of persons who have
  465  received at least 20 hours of training in mediation techniques
  466  or who have mediated at least 20 disputes. In order to become
  467  initially certified by the division, paid mediators must be
  468  certified by the Supreme Court to mediate court cases in county
  469  or circuit courts. However, the division may adopt, by rule,
  470  additional factors for the certification of paid mediators,
  471  which must be related to experience, education, or background.
  472  Any person initially certified as a paid mediator by the
  473  division must, in order to continue to be certified, comply with
  474  the factors or requirements adopted by rule.
  475         (m) If a complaint is made, the division must conduct its
  476  inquiry with due regard for the interests of the affected
  477  parties. Within 30 days after receipt of a complaint, the
  478  division shall acknowledge the complaint in writing and notify
  479  the complainant whether the complaint is within the jurisdiction
  480  of the division and whether additional information is needed by
  481  the division from the complainant. The division shall conduct
  482  its investigation and, within 90 days after receipt of the
  483  original complaint or of timely requested additional
  484  information, take action upon the complaint. However, the
  485  failure to complete the investigation within 90 days does not
  486  prevent the division from continuing the investigation,
  487  accepting or considering evidence obtained or received after 90
  488  days, or taking administrative action if reasonable cause exists
  489  to believe that a violation of this chapter or a rule has
  490  occurred. If an investigation is not completed within the time
  491  limits established in this paragraph, the division shall, on a
  492  monthly basis, notify the complainant in writing of the status
  493  of the investigation. When reporting its action to the
  494  complainant, the division shall inform the complainant of any
  495  right to a hearing pursuant to ss. 120.569 and 120.57.
  496         (n) Condominium association directors, officers, and
  497  employees; condominium developers; bulk assignees, bulk buyers,
  498  and community association managers; and community association
  499  management firms have an ongoing duty to reasonably cooperate
  500  with the division in any investigation pursuant to this section.
  501  The division shall refer to local law enforcement authorities
  502  any person whom the division believes has altered, destroyed,
  503  concealed, or removed any record, document, or thing required to
  504  be kept or maintained by this chapter with the purpose to impair
  505  its verity or availability in the department’s investigation.
  506         (o) The division may:
  507         1. Contract with agencies in this state or other
  508  jurisdictions to perform investigative functions; or
  509         2. Accept grants-in-aid from any source.
  510         (p) The division shall cooperate with similar agencies in
  511  other jurisdictions to establish uniform filing procedures and
  512  forms, public offering statements, advertising standards, and
  513  rules and common administrative practices.
  514         (q) The division shall consider notice to a developer, bulk
  515  assignee, or bulk buyer to be complete when it is delivered to
  516  the address of the developer, bulk assignee, or bulk buyer
  517  currently on file with the division.
  518         (r) In addition to its enforcement authority, the division
  519  may issue a notice to show cause, which must provide for a
  520  hearing, upon written request, in accordance with chapter 120.
  521         (s) The division shall submit to the Governor, the
  522  President of the Senate, the Speaker of the House of
  523  Representatives, and the chairs of the legislative
  524  appropriations committees an annual report that includes, but
  525  need not be limited to, the number of training programs provided
  526  for condominium association board members and unit owners, the
  527  number of complaints received by type, the number and percent of
  528  complaints acknowledged in writing within 30 days and the number
  529  and percent of investigations acted upon within 90 days in
  530  accordance with paragraph (m), and the number of investigations
  531  exceeding the 90-day requirement. The annual report must also
  532  include an evaluation of the division’s core business processes
  533  and make recommendations for improvements, including statutory
  534  changes. The report shall be submitted by September 30 following
  535  the end of the fiscal year.
  536         Section 4. This act shall take effect July 1, 2015.