Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 426
Ì704850!Î704850
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/05/2024 .
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The Committee on Regulated Industries (Garcia) recommended the
following:
1 Senate Substitute for Amendment (549732) (with title
2 amendment)
3
4 Delete lines 72 - 350
5 and insert:
6 16.0151 Condominium and Homeowners’ Association Economic
7 Crime, Fraud, and Corruption Investigation Pilot Program.—
8 (1) The Condominium and Homeowners’ Association Economic
9 Crime, Fraud, and Corruption Investigation Pilot Program is
10 created within the Department of Legal Affairs, Office of the
11 Attorney General. The purpose of the pilot program is to
12 investigate condominium and homeowners’ association-related
13 economic crime, fraud, and corruption in this state. For the
14 purposes of this section, the term “corruption” means the act of
15 an official or fiduciary person who unlawfully and wrongfully
16 uses his or her position to procure some benefit for himself or
17 herself or for another person, contrary to the duty and rights
18 of others. The department may contract with a private entity
19 that employs retired law enforcement officers who have subject
20 matter expertise in financial fraud to achieve the purpose of
21 the pilot program. If the department does not contract with a
22 private entity, the department must hire a suitable number of
23 financial investigators, investigators with previous law
24 enforcement experience, and clerical employees to staff the
25 pilot program.
26 (2) A person may submit a condominium or homeowners’
27 association-related complaint to the Office of the Condominium
28 and Homeowners’ Ombudsman. The ombudsman shall review all
29 complaints submitted to the office and determine which
30 complaints to forward to the department for additional analysis
31 and investigation under the pilot program. If a complaint
32 submitted to the pilot program does not contain allegations of
33 economic crimes, fraud, or corruption, the task force must
34 forward the complaint to the Division of Florida Condominiums,
35 Timeshares, and Mobile Homes, which shall investigate claims
36 made pursuant to s. 718.501.
37 (3) The department has the power to issue subpoenas and
38 conduct audits for investigations in furtherance of the pilot
39 program, and may administer oaths, subpoena witnesses, and
40 compel production of books, papers, or other records relevant to
41 such investigations. If, after reviewing a complaint filed under
42 the pilot program, the department finds sufficient evidence for
43 criminal prosecution, it must refer the case to the appropriate
44 state attorney for prosecution.
45 (4) The department shall fund the pilot program from the
46 Division of Florida Condominiums, Timeshares, and Mobile Homes
47 Trust Fund as specifically appropriated annually in the General
48 Appropriations Act.
49 (5) The pilot program’s primary office shall be located in
50 Miami-Dade County.
51 (6) This section is repealed October 2, 2029, unless
52 reviewed and saved from repeal through reenactment by the
53 Legislature.
54 Section 2. Paragraph (w) is added to subsection (1) of
55 section 215.22, Florida Statutes, to read:
56 215.22 Certain income and certain trust funds exempt.—
57 (1) The following income of a revenue nature or the
58 following trust funds shall be exempt from the appropriation
59 required by s. 215.20(1):
60 (w) The Division of Florida Condominiums, Timeshares, and
61 Mobile Homes Trust Fund.
62 Section 3. Paragraph (h) of subsection (11) of section
63 718.111, Florida Statutes, is amended to read:
64 718.111 The association.—
65 (11) INSURANCE.—In order to protect the safety, health, and
66 welfare of the people of the State of Florida and to ensure
67 consistency in the provision of insurance coverage to
68 condominiums and their unit owners, this subsection applies to
69 every residential condominium in the state, regardless of the
70 date of its declaration of condominium. It is the intent of the
71 Legislature to encourage lower or stable insurance premiums for
72 associations described in this subsection.
73 (h) The association shall maintain insurance or fidelity
74 bonding of all persons who control or disburse funds of the
75 association. The insurance policy or fidelity bond must cover
76 the maximum funds that will be in the custody of the association
77 or its management agent at any one time. The division shall
78 monitor compliance with this paragraph and may issue fines and
79 penalties established by the division for failure of an
80 association to maintain the required insurance policy or
81 fidelity bond. As used in this paragraph, the term “persons who
82 control or disburse funds of the association” includes, but is
83 not limited to, those individuals authorized to sign checks on
84 behalf of the association, and the president, secretary, and
85 treasurer of the association. The association shall bear the
86 cost of any such bonding.
87 Section 4. Section 718.13, Florida Statutes, is created to
88 read:
89 718.13 Database for condominium association information.—
90 (1) By July 1, 2026, the division shall establish a
91 searchable cloud-based database that contains information
92 regarding each condominium association operating within this
93 state. The division shall establish rules and procedures for how
94 an association is to provide such information. The database must
95 allow a user to search the name by which a condominium property
96 is identified to find the association that governs such
97 property. At a minimum, the database must include all of the
98 following information for each association:
99 (a) The names, e-mail addresses, and other contact
100 information of officers and directors of the association.
101 (b) An indication that the association is self-managed, or,
102 if not self-managed, the contact information for any person
103 licensed under part VIII of chapter 468 and responsible for
104 management of the association.
105 (c) A copy of the association’s governing documents,
106 including, but not limited to, declarations, bylaws, and rules
107 and any amendments thereto.
108 (d) A copy of the association’s adopted annual budget, in a
109 file format that is compatible with the database, which includes
110 the amount and purpose of any monthly assessments and current or
111 pending special assessments levied by the association.
112 (e) A copy of any studies regarding funds in reserve
113 accounts held by the association or any reports regarding the
114 physical inspection of properties maintained by the association,
115 including any structural integrity reserve studies conducted
116 under s. 718.112(2)(g) of such properties.
117 (2) An association must notify the division of any changes
118 to the information related to the association which is included
119 in the database within 30 days after such changes occur.
120 (3) Expenses associated with the creation and
121 administration of the database must be funded in part by
122 proceeds from the annual fee paid by associations pursuant to s.
123 718.501(2)(a).
124 Section 5. Subsection (1) of section 718.501, Florida
125 Statutes, is amended to read:
126 718.501 Authority, responsibility, and duties of Division
127 of Florida Condominiums, Timeshares, and Mobile Homes.—
128 (1) The division may enforce and ensure compliance with
129 this chapter and rules relating to the development,
130 construction, sale, lease, ownership, operation, and management
131 of residential condominium units and complaints related to the
132 procedural completion of milestone inspections under s. 553.899.
133 In performing its duties, the division has complete jurisdiction
134 to investigate complaints and enforce compliance with respect to
135 associations that are still under developer control or the
136 control of a bulk assignee or bulk buyer pursuant to part VII of
137 this chapter and complaints against developers, bulk assignees,
138 or bulk buyers involving improper turnover or failure to
139 turnover, pursuant to s. 718.301. However, after turnover has
140 occurred, the division has jurisdiction to investigate
141 complaints related only to financial issues, elections, and the
142 maintenance of and unit owner access to association records
143 under s. 718.111(12), and the procedural completion of
144 structural integrity reserve studies under s. 718.112(2)(g). If
145 the division receives a complaint about an association which
146 alleges economic crimes, fraud, or corruption, the division must
147 forward the complaint to the Office of the Condominium and
148 Homeowners’ Ombudsman, pursuant to s. 16.0151.
149 (a)1. The division may make necessary public or private
150 investigations within or outside this state to determine whether
151 any person has violated this chapter or any rule or order
152 hereunder, to aid in the enforcement of this chapter, or to aid
153 in the adoption of rules or forms.
154 2. The division may submit any official written report,
155 worksheet, or other related paper, or a duly certified copy
156 thereof, compiled, prepared, drafted, or otherwise made by and
157 duly authenticated by a financial examiner or analyst to be
158 admitted as competent evidence in any hearing in which the
159 financial examiner or analyst is available for cross-examination
160 and attests under oath that such documents were prepared as a
161 result of an examination or inspection conducted pursuant to
162 this chapter.
163 (b) The division may require or permit any person to file a
164 statement in writing, under oath or otherwise, as the division
165 determines, as to the facts and circumstances concerning a
166 matter to be investigated.
167 (c) For the purpose of any investigation under this
168 chapter, the division director or any officer or employee
169 designated by the division director may administer oaths or
170 affirmations, subpoena witnesses and compel their attendance,
171 take evidence, and require the production of any matter which is
172 relevant to the investigation, including the existence,
173 description, nature, custody, condition, and location of any
174 books, documents, or other tangible things and the identity and
175 location of persons having knowledge of relevant facts or any
176 other matter reasonably calculated to lead to the discovery of
177 material evidence. Upon the failure by a person to obey a
178 subpoena or to answer questions propounded by the investigating
179 officer and upon reasonable notice to all affected persons, the
180 division may apply to the circuit court for an order compelling
181 compliance.
182 (d) Notwithstanding any remedies available to unit owners
183 and associations, if the division has reasonable cause to
184 believe that a violation of any provision of this chapter or
185 related rule has occurred, the division may institute
186 enforcement proceedings in its own name against any developer,
187 bulk assignee, bulk buyer, association, officer, or member of
188 the board of administration, or its assignees or agents, as
189 follows:
190 1. The division may permit a person whose conduct or
191 actions may be under investigation to waive formal proceedings
192 and enter into a consent proceeding whereby orders, rules, or
193 letters of censure or warning, whether formal or informal, may
194 be entered against the person.
195 2. The division may issue an order requiring the developer,
196 bulk assignee, bulk buyer, association, developer-designated
197 officer, or developer-designated member of the board of
198 administration, developer-designated assignees or agents, bulk
199 assignee-designated assignees or agents, bulk buyer-designated
200 assignees or agents, community association manager, or community
201 association management firm to cease and desist from the
202 unlawful practice and take such affirmative action as in the
203 judgment of the division carry out the purposes of this chapter.
204 If the division finds that a developer, bulk assignee, bulk
205 buyer, association, officer, or member of the board of
206 administration, or its assignees or agents, is violating or is
207 about to violate any provision of this chapter, any rule adopted
208 or order issued by the division, or any written agreement
209 entered into with the division, and presents an immediate danger
210 to the public requiring an immediate final order, it may issue
211 an emergency cease and desist order reciting with particularity
212 the facts underlying such findings. The emergency cease and
213 desist order is effective for 90 days. If the division begins
214 nonemergency cease and desist proceedings, the emergency cease
215 and desist order remains effective until the conclusion of the
216 proceedings under ss. 120.569 and 120.57.
217 3. If a developer, bulk assignee, or bulk buyer fails to
218 pay any restitution determined by the division to be owed, plus
219 any accrued interest at the highest rate permitted by law,
220 within 30 days after expiration of any appellate time period of
221 a final order requiring payment of restitution or the conclusion
222 of any appeal thereof, whichever is later, the division must
223 bring an action in circuit or county court on behalf of any
224 association, class of unit owners, lessees, or purchasers for
225 restitution, declaratory relief, injunctive relief, or any other
226 available remedy. The division may also temporarily revoke its
227 acceptance of the filing for the developer to which the
228 restitution relates until payment of restitution is made.
229 4. The division may petition the court for appointment of a
230 receiver or conservator. If appointed, the receiver or
231 conservator may take action to implement the court order to
232 ensure the performance of the order and to remedy any breach
233 thereof. In addition to all other means provided by law for the
234 enforcement of an injunction or temporary restraining order, the
235 circuit court may impound or sequester the property of a party
236 defendant, including books, papers, documents, and related
237 records, and allow the examination and use of the property by
238 the division and a court-appointed receiver or conservator.
239 5. The division may apply to the circuit court for an order
240 of restitution whereby the defendant in an action brought under
241 subparagraph 4. is ordered to make restitution of those sums
242 shown by the division to have been obtained by the defendant in
243 violation of this chapter. At the option of the court, such
244 restitution is payable to the conservator or receiver appointed
245 under subparagraph 4. or directly to the persons whose funds or
246 assets were obtained in violation of this chapter.
247 6. The division may impose a civil penalty against a
248 developer, bulk assignee, or bulk buyer, or association, or its
249 assignee or agent, for any violation of this chapter or related
250 rule. The division may impose a civil penalty individually
251 against an officer or board member who willfully and knowingly
252 violates this chapter, an adopted rule, or a final order of the
253 division; may order the removal of such individual as an officer
254 or from the board of administration or as an officer of the
255 association; and may prohibit such individual from serving as an
256 officer or on the board of a community association for a period
257 of time. The term “willfully and knowingly” means that the
258 division informed the officer or board member that his or her
259 action or intended action violates this chapter, a rule adopted
260 under this chapter, or a final order of the division and that
261 the officer or board member refused to comply with the
262 requirements of this chapter, a rule adopted under this chapter,
263 or a final order of the division. The division, before
264 initiating formal agency action under chapter 120, must afford
265 the officer or board member an opportunity to voluntarily
266 comply, and an officer or board member who complies within 10
267 days is not subject to a civil penalty. A penalty may be imposed
268 on the basis of each day of continuing violation, but the
269 penalty for any offense may not exceed $5,000. The division
270 shall adopt, by rule, penalty guidelines applicable to possible
271 violations or to categories of violations of this chapter or
272 rules adopted by the division. The guidelines must specify a
273 meaningful range of civil penalties for each such violation of
274 the statute and rules and must be based upon the harm caused by
275 the violation, upon the repetition of the violation, and upon
276 such other factors deemed relevant by the division. For example,
277 the division may consider whether the violations were committed
278 by a developer, bulk assignee, or bulk buyer, or owner
279 controlled association, the size of the association, and other
280 factors. The guidelines must designate the possible mitigating
281 or aggravating circumstances that justify a departure from the
282 range of penalties provided by the rules. It is the legislative
283 intent that minor violations be distinguished from those which
284 endanger the health, safety, or welfare of the condominium
285 residents or other persons and that such guidelines provide
286 reasonable and meaningful notice to the public of likely
287 penalties that may be imposed for proscribed conduct. This
288 subsection does not limit the ability of the division to
289 informally dispose of administrative actions or complaints by
290 stipulation, agreed settlement, or consent order. All amounts
291 collected shall be deposited with the Chief Financial Officer to
292 the credit of the Division of Florida Condominiums, Timeshares,
293 and Mobile Homes Trust Fund. If a developer, bulk assignee, or
294 bulk buyer fails to pay the civil penalty and the amount deemed
295 to be owed to the association, the division shall issue an order
296 directing that such developer, bulk assignee, or bulk buyer
297 cease and desist from further operation until such time as the
298 civil penalty is paid or may pursue enforcement of the penalty
299 in a court of competent jurisdiction. If an association fails to
300 pay the civil penalty, the division shall pursue enforcement in
301 a court of competent jurisdiction, and the order imposing the
302 civil penalty or the cease and desist order is not effective
303 until 20 days after the date of such order. Any action commenced
304 by the division shall be brought in the county in which the
305 division has its executive offices or in the county where the
306 violation occurred.
307 7. If a unit owner presents the division with proof that
308 the unit owner has requested access to official records in
309 writing by certified mail, and that after 10 days the unit owner
310 again made the same request for access to official records in
311 writing by certified mail, and that more than 10 days has
312 elapsed since the second request and the association has still
313 failed or refused to provide access to official records as
314 required by this chapter, the division shall issue a subpoena
315 requiring production of the requested records where the records
316 are kept pursuant to s. 718.112.
317 8. In addition to subparagraph 6., the division may seek
318 the imposition of a civil penalty through the circuit court for
319 any violation for which the division may issue a notice to show
320 cause under paragraph (r). The civil penalty shall be at least
321 $500 but no more than $5,000 for each violation. The court may
322 also award to the prevailing party court costs and reasonable
323 attorney fees and, if the division prevails, may also award
324 reasonable costs of investigation.
325 (e) The division may prepare and disseminate a prospectus
326 and other information to assist prospective owners, purchasers,
327 lessees, and developers of residential condominiums in assessing
328 the rights, privileges, and duties pertaining thereto.
329 (f) The division may adopt rules to administer and enforce
330 this chapter.
331 (g) The division shall establish procedures for providing
332 notice to an association and the developer, bulk assignee, or
333 bulk buyer during the period in which the developer, bulk
334 assignee, or bulk buyer controls the association if the division
335 is considering the issuance of a declaratory statement with
336 respect to the declaration of condominium or any related
337 document governing such condominium community.
338 (h) The division shall furnish each association that pays
339 the fees required by paragraph (2)(a) a copy of this chapter, as
340 amended, and the rules adopted thereto on an annual basis.
341 (i) The division shall annually provide each association
342 with a summary of declaratory statements and formal legal
343 opinions relating to the operations of condominiums which were
344 rendered by the division during the previous year.
345 (j) The division shall provide training and educational
346 programs for condominium association board members and unit
347 owners. The training may, in the division’s discretion, include
348 web-based electronic media and live training and seminars in
349 various locations throughout the state. The division may review
350 and approve education and training programs for board members
351 and unit owners offered by providers and shall maintain a
352 current list of approved programs and providers and make such
353 list available to board members and unit owners in a reasonable
354 and cost-effective manner.
355 (k) The division shall maintain a toll-free telephone
356 number accessible to condominium unit owners.
357 (l) The division shall develop a program to certify both
358 volunteer and paid mediators to provide mediation of condominium
359 disputes. The division shall provide, upon request, a list of
360 such mediators to any association, unit owner, or other
361 participant in alternative dispute resolution proceedings under
362 s. 718.1255 requesting a copy of the list. The division shall
363 include on the list of volunteer mediators only the names of
364 persons who have received at least 20 hours of training in
365 mediation techniques or who have mediated at least 20 disputes.
366 In order to become initially certified by the division, paid
367 mediators must be certified by the Supreme Court to mediate
368 court cases in county or circuit courts. However, the division
369 may adopt, by rule, additional factors for the certification of
370 paid mediators, which must be related to experience, education,
371 or background. Any person initially certified as a paid mediator
372 by the division must, in order to continue to be certified,
373 comply with the factors or requirements adopted by rule.
374 (m) If a complaint is made, the division must conduct its
375 inquiry with due regard for the interests of the affected
376 parties. Within 30 days after receipt of a complaint, the
377 division shall acknowledge the complaint in writing and notify
378 the complainant whether the complaint is within the jurisdiction
379 of the division and whether additional information is needed by
380 the division from the complainant. The division shall conduct
381 its investigation and, within 90 days after receipt of the
382 original complaint or of timely requested additional
383 information, take action upon the complaint. However, the
384 failure to complete the investigation within 90 days does not
385 prevent the division from continuing the investigation,
386 accepting or considering evidence obtained or received after 90
387 days, or taking administrative action if reasonable cause exists
388 to believe that a violation of this chapter or a rule has
389 occurred. If an investigation is not completed within the time
390 limits established in this paragraph, the division shall, on a
391 monthly basis, notify the complainant in writing of the status
392 of the investigation. When reporting its action to the
393 complainant, the division shall inform the complainant of any
394 right to a hearing under ss. 120.569 and 120.57. The division
395 may adopt rules regarding the submission of a complaint against
396 an association.
397 (n) Condominium association directors, officers, and
398 employees; condominium developers; bulk assignees, bulk buyers,
399 and community association managers; and community association
400 management firms have an ongoing duty to reasonably cooperate
401 with the division in any investigation under this section. The
402 division shall refer to local law enforcement authorities any
403 person whom the division believes has altered, destroyed,
404 concealed, or removed any record, document, or thing required to
405 be kept or maintained by this chapter with the purpose to impair
406 its verity or availability in the department’s investigation.
407 (o) The division may:
408 1. Contract with agencies in this state or other
409 jurisdictions to perform investigative functions; or
410 2. Accept grants-in-aid from any source.
411 (p) The division shall cooperate with similar agencies in
412 other jurisdictions to establish uniform filing procedures and
413 forms, public offering statements, advertising standards, and
414 rules and common administrative practices.
415 (q) The division shall consider notice to a developer, bulk
416 assignee, or bulk buyer to be complete when it is delivered to
417 the address of the developer, bulk assignee, or bulk buyer
418 currently on file with the division.
419 (r) In addition to its enforcement authority, the division
420 may issue a notice to show cause, which must provide for a
421 hearing, upon written request, in accordance with chapter 120.
422 (s) The division shall submit to the Governor, the
423 President of the Senate, the Speaker of the House of
424 Representatives, and the chairs of the legislative
425 appropriations committees an annual report that includes, but
426 need not be limited to, the number of training programs provided
427 for condominium association board members and unit owners, the
428 number of complaints received by type, the number and percent of
429 complaints acknowledged in writing within 30 days and the number
430 and percent of investigations acted upon within 90 days in
431 accordance with paragraph (m), and the number of investigations
432 exceeding the 90-day requirement. The annual report must also
433 include an evaluation of the division’s core business processes
434 and make recommendations for improvements, including statutory
435 changes. The report shall be submitted by September 30 following
436 the end of the fiscal year.
437 Section 6. Subsection (1) of section 718.5011, Florida
438 Statutes, is amended to read:
439 718.5011 Ombudsman; appointment; administration.—
440 (1) There is created an Office of the Condominium and
441 Homeowners’ Ombudsman, to be located for administrative purposes
442 within the Division of Florida Condominiums, Timeshares, and
443 Mobile Homes. The functions of the office shall be funded by the
444 Division of Florida Condominiums, Timeshares, and Mobile Homes
445 Trust Fund. The ombudsman shall be a bureau chief of the
446 division, and the office shall be set within the division in the
447 same manner as any other bureau is staffed and funded.
448 Section 7. Subsections (3) through (10) of section
449 718.5012, Florida Statutes, are amended, and subsections (11),
450 (12), and (13) are added to that section, to read:
451 718.5012 Ombudsman; powers and duties.—The ombudsman shall
452 have the powers that are necessary to carry out the duties of
453 his or her office for this chapter and chapter 720, including
454 the following specific powers:
455 (3) To prepare and issue reports and recommendations to the
456 Governor, the department, the division, the Advisory Council on
457 Condominiums, the President of the Senate, and the Speaker of
458 the House of Representatives on any matter or subject within the
459 jurisdiction of the division. The ombudsman shall make
460 recommendations he or she deems appropriate for legislation
461 relative to division procedures, rules, jurisdiction, personnel,
462 and functions.
463 (4) To act as liaison between the division, unit owners,
464 boards of directors, board members, community association
465 managers, and other affected parties under this chapter and
466 chapter 720. The ombudsman shall develop policies and procedures
467 to assist homeowners, unit owners, boards of directors, board
468 members, community association managers, and other affected
469 parties to understand their rights and responsibilities as set
470 forth in this chapter and the condominium documents governing
471 their respective associations association. The ombudsman shall
472 coordinate and assist in the preparation and adoption of
473 educational and reference material, and shall endeavor to
474 coordinate with private or volunteer providers of these
475 services, so that the availability of these resources is made
476 known to the largest possible audience.
477 (5) To monitor and review procedures and disputes
478 concerning condominium elections or meetings, including, but not
479 limited to, recommending that the division pursue enforcement
480 action in any manner where there is reasonable cause to believe
481 that election misconduct has occurred and reviewing secret
482 ballots cast at a vote of the association.
483 (6) To make recommendations to the division for changes in
484 rules and procedures for the filing, investigation, and
485 resolution of complaints filed by homeowners, unit owners,
486 associations, and managers.
487 (7) To provide resources to assist members of boards of
488 directors and officers of associations to carry out their powers
489 and duties consistent with this chapter, chapter 720, division
490 rules, and the condominium documents governing the association.
491 (8) To encourage and facilitate voluntary meetings with and
492 between homeowners, unit owners, boards of directors, board
493 members, community association managers, and other affected
494 parties when the meetings may assist in resolving a dispute
495 within a community association before a person submits a dispute
496 for a formal or administrative remedy. It is the intent of the
497 Legislature that the ombudsman act as a neutral resource for
498 both the rights and responsibilities of homeowners, unit owners,
499 associations, and board members.
500 (9) To assist with the resolution of disputes between
501 homeowners, unit owners, and the association or between
502 homeowners or unit owners when the dispute is not within the
503 jurisdiction of the division to resolve.
504 (10) To appoint an election monitor to attend the annual
505 meeting of the homeowner or unit owners and conduct the election
506 of directors if 15 percent of the total voting interests in an
507 association, or six owners, whichever is greater, make such a
508 petition to the ombudsman Fifteen percent of the total voting
509 interests in a condominium association, or six unit owners,
510 whichever is greater, may petition the ombudsman to appoint an
511 election monitor to attend the annual meeting of the unit owners
512 and conduct the election of directors. The ombudsman shall
513 appoint a division employee, a person or persons specializing in
514 homeowners’ association or condominium election monitoring, as
515 applicable, or an attorney licensed to practice in this state as
516 the election monitor. All costs associated with the election
517 monitoring process shall be paid by the association. The
518 division shall adopt a rule establishing procedures for the
519 appointment of election monitors and the scope and extent of the
520 monitor’s role in the election process.
521 (11) To void an election if the ombudsman determines that a
522 violation of this chapter or chapter 720 has occurred relating
523 to elections.
524 (12) To petition the court to appoint a receiver if the
525 appointment of a receiver is in the best interests of the
526 association or owners.
527 (13) To issue subpoenas and conduct audits for
528 investigations for the purposes of the Condominium and
529 Homeowners’ Association Economic Crime, Fraud, and Corruption
530 Investigation Pilot Program established under s. 16.0151.
531 Section 8. Subsection (2) of section 718.509, Florida
532 Statutes, is amended to read:
533 718.509 Division of Florida Condominiums, Timeshares, and
534 Mobile Homes Trust Fund.—
535 (2) All moneys collected by the division from fees, fines,
536 or penalties or from costs awarded to the division by a court or
537 administrative final order must shall be paid into the Division
538 of Florida Condominiums, Timeshares, and Mobile Homes Trust
539 Fund. The Legislature shall appropriate funds from this trust
540 fund sufficient to administer carry out the provisions of this
541 chapter and the provisions of law with respect to each category
542 of business covered by the trust fund. The division shall
543 maintain separate revenue accounts in the trust fund for each of
544 the businesses regulated by the division. The division shall
545 provide for the proportionate allocation among the accounts of
546 expenses incurred by the division in the performance of its
547 duties with respect to each of these businesses. As part of its
548 normal budgetary process, the division shall prepare an annual
549 report of revenue and allocated expenses related to the
550 operation of each of these businesses, which may be used to
551 determine fees charged by the division. This subsection shall
552 operate pursuant to the provisions of s. 215.20.
553
554 ================= T I T L E A M E N D M E N T ================
555 And the title is amended as follows:
556 Delete lines 3 - 66
557 and insert:
558 16.0151, F.S.; creating the Condominium and
559 Homeowners’ Association Economic Crime, Fraud, and
560 Corruption Investigation Pilot Program within the
561 Department of Legal Affairs in the Office of the
562 Attorney General; providing the purpose of the pilot
563 program; defining the term “corruption”; authorizing
564 the department to contract with a private entity to
565 achieve the program’s purpose; requiring the
566 department to hire specified personnel under certain
567 circumstances; authorizing the submission of
568 complaints to the Office of the Condominium and
569 Homeowners’ Ombudsman; requiring the ombudsman to
570 review such complaints and take specified actions;
571 providing powers of and requirements for the
572 department relating to the pilot program; requiring
573 that the pilot program be funded from the Division of
574 Florida Condominiums, Timeshares, and Mobile Homes
575 Trust Fund; requiring that the pilot program’s primary
576 office be located in Miami-Dade County; providing for
577 future repeal of the pilot program unless it is
578 reviewed and saved from repeal by the Legislature;
579 amending s. 215.22, F.S.; exempting the Division of
580 Florida Condominiums, Timeshares, and Mobile Homes
581 Trust Fund from contributing to the General Revenue
582 Fund; amending s. 718.111, F.S.; requiring the
583 division to monitor condominium associations’
584 compliance with requirements relating to maintenance
585 of certain insurance or fidelity bonding of certain
586 persons; authorizing the division to issue fines and
587 penalties for noncompliance; creating s. 718.13, F.S.;
588 requiring the division to establish a searchable
589 cloud-based database by a specified date which
590 contains specified information regarding each
591 condominium association in this state; requiring the
592 division to establish rules and procedures for
593 associations to report such information; requiring a
594 condominium association to notify the division of any
595 changes to the information related to the association
596 which is listed in the database; requiring that the
597 creation and administration of the database be funded
598 in part by specified proceeds; amending s. 718.501,
599 F.S.; requiring the division to forward complaints
600 received alleging fraud or corruption to the Office of
601 the Condominium and Homeowners’ Ombudsman; amending s.
602 718.5011, F.S.; renaming the Office of the Condominium
603 Ombudsman as the Office of the Condominium and
604 Homeowners’ Ombudsman; amending s. 718.5012, F.S.;
605 revising the powers of the ombudsman; amending s.
606 718.509, F.S.; conforming a provision to changes made
607 by the act; making technical changes; providing an
608 effective date.