Florida Senate - 2021                                    SB 1638
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-01708A-21                                          20211638__
    1                        A bill to be entitled                      
    2         An act relating to the Condominium Fraud Investigation
    3         Pilot Program; creating s. 718.13, F.S.; creating the
    4         pilot program within the Division of Florida
    5         Condominiums, Timeshares, and Mobile Homes of the
    6         Department of Business and Professional Regulation;
    7         providing a purpose for the pilot program; requiring
    8         the division to hire certain individuals for purposes
    9         of the pilot program; requiring complaints submitted
   10         to the department which allege condominium fraud or
   11         corruption in any of three specified counties to be
   12         reviewed by the division; providing powers to the
   13         division relating to the pilot program; requiring the
   14         division to refer certain cases for prosecution;
   15         requiring that the pilot program be funded from the
   16         Division of Florida Condominiums, Timeshares, and
   17         Mobile Homes Trust Fund; providing for future
   18         expiration of the pilot program; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 718.13, Florida Statutes, is created to
   24  read:
   25         718.13 The Condominium Fraud Investigation Pilot Program.—
   26         (1) The Condominium Fraud Investigation Pilot Program is
   27  created within the division. The purpose of the pilot program is
   28  to facilitate the division’s investigation of condominium
   29  related fraud and corruption in Broward County, Miami-Dade
   30  County, and Monroe County. The division shall hire three
   31  financial investigators, five investigators with previous law
   32  enforcement experience, and three clerical employees for the
   33  purposes of the pilot program.
   34         (2) Any complaint submitted to the department which alleges
   35  condominium fraud or corruption in Broward County, Miami-Dade
   36  County, or Monroe County must be reviewed under the pilot
   37  program to determine whether further investigation is needed and
   38  criminal prosecution is warranted. The division has the power to
   39  subpoena, audit, and investigate for the purposes of the pilot
   40  program. The division may administer oaths, subpoena witnesses,
   41  and compel the production of books, papers, or other records
   42  relevant to the purposes of the pilot program. If, after
   43  reviewing a complaint under the pilot program, the division
   44  finds sufficient evidence for criminal prosecution, it must
   45  refer the case to the appropriate state attorney for
   46  prosecution.
   47         (3) The pilot program must be funded from available funds
   48  of the Division of Florida Condominiums, Timeshares, and Mobile
   49  Homes Trust Fund.
   50         (4) This section expires July 1, 2026.
   51         Section 2. This act shall take effect October 1, 2021.