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2004-25549 Reso RESOLUTION NO. 2004-25549 A RESOLUTION OF THE MA YORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, EXPRESSING SUPPORT OF lIB 1223 PRESENTLY PENDING BEFORE THE FLORIDA LEGISLATURE, RELATING TO CONDOMINIUM ASSOCIATIONS. WHEREAS, during the interim prior to the 2004 legislative session, the Speaker of the Florida House of Representatives appointed the Select Committee on Condominium Association Governance. The charge of the committee was to take public testimony and review current laws regulating the governance of condominium associations to identify any improvements in those laws that might be recommended. The select committee was instructed to issue a report prior to the beginning of the 2004 session outlining any recommendations for legislation consistent with the committee's conclusions. WHEREAS, the select committee issued its report on January 21, 2004. The chairman of the select committee, Representative Robaina, stated in the report that "after listening to all public testimony throughout the State of Florida, I submit to you a number of concerns proposed by the residents of this state and a number of my suggestions along with those referred to me by my committee members. . ." WHEREAS, HB 1223 has been proposed to implement the work of the select committee and among otherreforms amends various provisions in chapter 718, F.S., the "Condominium Act." The Bill as presented expands several provisions to address the relationship between condominium unit owners and condominium associations. The Bill creates the Office of the Condominium Ombudsman to be located in the Division of Land Sales, Condominiums, and Mobile Homes for administrative purposes. The ombudsman is to be appointed by the Joint Legislative Auditing Committee. The Bill creates a seven member Advisory Council on Condominiums to assist in making recommendations for improving the relationship between unit owners and their association. WHEREAS, the Bill is in process of legislative debate, whereby its actual content is at this time unknown. However, the Ombudsman's provision is supported by the Mayor and Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND MEMBERS OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The City of Miami Beach supports the portion ofHB 1223 which establishes the office and purposes of the Ombudsman and urges its Representatives (House and Senate) to support enactment of that portion of the Bill. A certified copy of this Resolution shall be supplied by the City Clerk to the Speaker of the Florida House of Representatives, the President of the Senate, the Governor and all Senators and House Members representing Miami Dade County in the legislature. Section 2. PASSED and ADOPTED this 14th day of Ap . ,200 / :~1 e~ciL- CITY CLERK MHD:lm F:\atto\DUBM\RESOLUTI\garciacondomin.doc A,PPROVEDASTO FORM & LANGUAGE & FOR EXECUTION CITY OF MIAMI BEACH CITY ATTORNEY'S OFFICE TO: Jorge M. Gonzalez City Manager Murray H. Dubbin \ ~ ~ City Attorney .A,J1 \1~ April 9, 2004 FROM: DATE: Attached is a proposed Resolution for the Mayor and Commission, expressing support of House Bill 1223, Condominium Associations, sponsored by Representative Leo Robaina. This has been requested by Commissioner Luis Garcia who desires that it be placed for consideration on the April 14, 2004 Commission Agenda. MHD:lm Encl. cc: Commissioner Luis R. Garcia, Jr. Agenda Item Date RQr. /.i-I t!-(J{ LobbyToo1s lobbyt<.)ol s SYSTEM MESSAGE 2/25/0412:02PM [closel This account expires 3/11/04. Please conlact John larussi al 850-915-0142 to renew. 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II Learning Center 1 Tagged to: EDD,Soc HB 1223 - Relating to Condominium Associations - 2004 [Add To Folder] '* Sponsor(s) by State Administration, Business Reaulation, Robaina CoSponsors: Antone, Arza, Barreiro, Llorente, Murzin, Rivera, Rubio, Zapata, Cantens, Garcia, Wiles, Carroll, Gannon Summary General Condominium Associations; prohibits exercise of multiple votes by owners of multiple units; provides for grandfathering & modification of rental rights; provides certain voting & approval criteria for amendments depriving owners of certain rights; authorizes association to conduct criminal background checks of potential unit owners & tenants; requires creation of Condominium Owners' Bill of Rights, etc. Amends Ch. 718. EFFECTIVE DATE: Upon becoming law. Actions Date Chamber 02/23/04 HOUSE 03/05/04 HOUSE Action Filed Referred to Business Regulation; State Administration; Appropriations On Committee agenda-- Business Regulation, 03/10/04, 3:15 pm, Morris Hall CS by Business Regulation; 33 Yeas, 6 Nays Original reference(s) removed: State Administration; Appropriations -HJ 00309; CS referred to State Administration; Commerce & Local Affairs Appropriations (AP); Appropriations - On Committee agenda-- State Administration, 03/29/04, 8:00 am, Reed Hall CS by State Administration; 6 Yeas, 0 Nays 03/08/04 HOUSE 03/10/04 HOUSE 03/22/04 HOUSE 03/25/04 HOUSE 03/29/04 HOUSE Compare Bills SB 1184 - Relating to Condominium & Community Association by Judiciary SB 1990 - Relating to Condominiums by AronberQ HB 1663 - Relating to Condominiums/Disclosure Document by Brandenbura Similar Bills SB 2498 - Relating to Condominium Associations by Garcia Bill Text and Filed Amendments liI H 1223_......._ _... _.. 02/23/04 No amendments to this bill text. (~LH_ !~~_~c:;1 .... ....... ................~~/.1.t>/~~__................. No amendments to this bill text. JiLH_!~~_~.c:;.2"H.........~.._....__..0~!~2~0..4._......__._...._ ~H...._H...... _ ._ No amendments to this bill text. rTE.?<!lJB':[)~l . ..... .. _......__..r!~.?<:n IB..F>[)i=] ..~ I. PDFl Staff Analysis h 1223 h 1223a h 1223 h 1223b h 1223c Business Reaulation Business Reaulation r-. PDFl r-. PDFl r-. PDFl r-. PDFl r-. PDFl State Administration State Administration http://www.1obbytoo1s.comltoo1s2/t.cfm ?a=bills&b=summary &SessionID= 13&BillID= 1... 04/09/2004 LobbyTools Page 2 of2 h 1223 State Administration l'!I PDFl Vote History No vote history for this bill. Related Documents No related documents. Statute Citations 718.103 718.104 718.11 718.112 718.1125 718.116 718.3025 718.3026 718.305 718.501 718.5011 718.5012 718.5013 718.5014 718.5015 718.504 718.51 ___"""_""....._,_,~,,_~="""'''WI',_=_'''''''''''''&~_,=''''=-~_'''_~_'''''_ @ CopyrighI2001-2004 LobbyTools V.2.1 http://www.lobbytools.comltools2/t.cfm?a=bills&b=summary &SessionID= 13&BillID= 1... 04/09/2004 HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL#: SPONSOR(S): TIED BILLS: HB 1223 wlCS Condominium Associations Representative Robaina IDEN./SIM, BILLS: REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Business ReQulation 2) State Administration 3) Aoorooriations 4) 5) 33 Y. 6 N wlCS LivinQston Lieoshutz SUMMARY ANALYSIS A condominium is "that form of ownership of real property which is created pursuant to the provisions of this chapter [ch.718, F.S.], which is comprised of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements." During the interim prior to the 2004 legislative session, the Speaker of the Florida House of Representatives appointed the Select Committee on Condominium Association Governance. The charge of the committee was to take public testimony and review current laws regulating the governance of condominium associations to identify any improvements in those laws that might be recommended. The select committee was instructed to issue a report prior to the beginning of the 2004 session outlining any recommendations for legislation consistent with the committee's conclusions. The select committee issued its report on January 21, 2004. The chairman of the select committee, Representative Robaina, states in the report that "after listening to all public testimony throughout the State of Florida, I submit to you a number of concerns proposed by the residents of this state and a number of my suggestions along with those referred to me by my committee members...... HB 1223 has been proposed to implement the work of the select committee and amends various provisions in chapter 718, F.S., the "Condominium Act." The bill expands several provisions to address the relationship between condominium unit owners and condominium associations. The bill creates the Office of the Condominium Ombudsman to be located in the Division of Land Sales, Condominiums, and Mobile Homes for administrative purposes. The ombudsman is to be appointed by the Joint Legislative Auditing Committee. The bill creates a seven member Advisory Council on Condominiums to assist in making recommendations for improving the relationship between unit owners and their association. The fiscal impact of the bill has not been finalized at this time. However, the select committee notes: monies allocated to the trust fund that are generated by condo unit owners must be left to serve only the condo association's needs and not diverted from the account to help fund other initiatives of the state. The trust fund is currently funded by a $4 unit fee paid by 1.1 million unit owners in the state of Florida. These funds are essential in bringing forth the much needed changes and also to further the education of home owners and board members. This document does not reflect the Intent or official posilion of the bill sponsor or House of Represenlatlves. STORAGE NAME: h1223a.br.doc DATE: March 13,2004 FULL ANALYSIS I. SUBSTANTIVE ANALYSIS A. DOES THE BILL: 1. Reduce government? YesD No[X] NIAll 2. Lower taxes? YesD No[] N/A[X] 3. Expand individual freedom? YesD NoD N/A[X] 4. Increase personal responsibility? YesD NoD N/A[X] 5. Empower families? YesD Noll N/A[X] For any principle that received a "no" above, please explain: 1. Reduce government - The bill expands several provisions to address the relationship between condominium unit owners and condominium associations. The bill creates the Office of the Condominium Ombudsman and provides for duties and staffing. The bill creates a seven member Advisory Council on Condominiums. B. EFFECT OF PROPOSED CHANGES: During the interim prior to the 2004 legislative session, the Speaker of the Florida House of Representatives created the Select Committee on Condominium Association Governance. The charge of the committee was to take public testimony and review current laws regulating the governance of condominium associations to identify any improvements in those laws that might be recommended. The select committee was instructed to issue a report prior to the beginning of the 2004 session outlining any recommendations for legislation consistent with the committee's conclusions. The select committee issued its report on January 21, 2004. The chairman of the select committee, Representative Robaina, states in the report that "after listening to all public testimony throughout the State of Florida, I submit to you a number of concerns proposed by the residents of this state and a number of my suggestions along with those referred to me by my committee members...." HB 1223 has been crafted to implement the work of the select committee and amends various provisions in chapter 718, F.S., the "Condominium Act," governing condominium associations. A condominium is "that form of ownership of real property which is created pursuant to the provisions of this chapter, which is comprised of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements." Issues identified by the Select Committee on Condominium Governance and implementing provisions of HB 1223 are addressed below. Section 1. The bill amends s. 718.103, F.S., relating to definitions. Identified issue: Multiple family members or relatives were serving on the same board creating a conflict of interest. Board members or family of board members are employed by management companies of many associations. Recommendation: The bill creates a definition of "immediate family member" for purposes of clear application of several provisions of the bill relating to potential conflict of interest. Section 2. The bill amends s. 718.110, F.S., relating to amendments to the condominium declaration. STORAGE NAME; DATE; h1223a.br.doc March 13, 2004 PAGE: 2 Identified issue: Owners are being impacted fiscally and through hardships by board member decisions. Recommendation: The bill provides that amendments to the association declaration that restrict specified rights of the unit owners shall only apply to owners who purchase their unit after the effective date of that amendment. It also requires a vote of three-fourths vote for approval. Section 3. The bill amends s. 718.112, F.S., relating to bylaws. Identified issue: Reserves not being maintained at any specific percentage rate. Recommendation: The bill requires a two-thirds vote, rather than a simple majority vote, to provide no reserves or less reserves than are calculated by formula under this subsection. Section 4. The bill creates s. 718.1125, F .S., relating to board eligibility restrictions. Identified issue: Multiple family members or relatives were serving on the same board creating a conflict of interest. Board members did not live in the community and/or country due to the fact that they are investment properties and not their primary residence. Recommendation: The bill prohibits a board member from sitting on the board alongside an immediate family member unless approved by a majority vote of the unit owners present and voting. The bill requires that board members must live in the condominium for at least three months prior to sitting on the board. Section 5. The bill amends s. 718.116, F.S., relating to assessments, liability, and liens. Identified issue: Liens being placed on unit owners and home owners without notice. Unit owners are not given sufficient time to respond or correct violations and are being cited with fines immediately. Board members willfully and knowingly expediting the lien and foreclosure process in order to buy the properties themselves at a foreclosure price. Owners are being impacted fiscally and through hardships by board member decisions. Recommendation: The bill specifies that liens may not be recorded without giving notice of the claim of lien. The bill requires the association to deliver a notice of intent to record a claim to the unit owner and provide a 30 day time period for the owner to respond. The bill creates a penalty of a misdemeanor of the first degree for those persons who willfully and maliciously place liens in an attempt to foreclose on other unit owners' properties. Section 6. The bill creates s. 718.130, F.S., relating to attorney's fees. Identified issue: No caps exist on attorney's fees and they can charge without limits. Recommendation: A cap on attorney's fees for form letters sent to owners. The bill prohibits an attorney from charging in excess of $75 per letter for correspondence, collection efforts, litigation, or other business arising under this chapter. Section 7. The bill amends s. 718.3025, F.S., relating to operation and management. STORAGE NAME: DATE: h1223a.br.doc March 13. 2004 PAGE: 3 Identified issue: Board members, community association managers (CAMs), and/or property management companies are giving friends or family or companies that they are affiliated with contracts for work in the condominium. Multiple family members or relatives were serving on the same board creating a conflict of interest. Board members do not file any type of financial disclosures. Board members or family of board members are employed by the management company of many associations. Recommendation: The bill requires disclosure of financial and ownership conflicts of interest by board members, CAMs, and property management companies with contractors doing maintenance or management business with that condominium. If the conflicting contractor is selected by the board, the conflict must be disclosed and approved by a majority vote of the unit owners. Section 8. The bill amends s. 718.3026, F.S., relating to contracts for products and services. Identified issue: Board members, community association managers (CAMs), and/or property management companies are giving friends or family or companies that they are affiliated with contracts for work in the community. Contracts were given out without a competitive bidding process. Recommendation: The bill requires that the association obtain no fewer than three competitive bids for materials, equipment, or services if the aggregate cost exceeds two and one half percent, rather than five percent, of the association annual budget. Section 9. The bill amends s. 718.501, F.S., relating to duties of the division. Identified issue: Owners are being impacted fiscally and through hardships by board members decisions. Residents do not know how the state addresses their rights and concerns. Recommendation: Currently, the division has the authority to provide training for board members and unit owners. The bill requires mandatory training for newly elected board members and current board members who have not previously voluntarily attended training. Section 10. The bill creates s. 718.5011, F.S., relating to the Office of the Ombudsman. Identified issue: Currently, there is no department that has the power to settle disputes between condominium owners and their respective associations, that can help monitor elections and meetings, that can fine members, etc. Recommendation: The bill creates the Office of the Condominium Ombudsman to be located in the division for administrative purposes. The ombudsman is to be appointed by the Joint Legislative Auditing Committee by a majority vote of the committee members. Section 11. The bill creates s. 718.5012, F.S., relating to duties of the ombudsman. Identified issue: Currently, there is no department that has the power to settle disputes between condominium owners and their respective associations, that can help monitor elections and meetings, that can fine members, etc. STORAGE NAME: DATE: h 1223a.br.doc March 13, 2004 PAGE: 4 Recommendation: The bill specifies the powers and duties of the ombudsman, including the use of division records, making of recommendations for legislation, authority to act as liaison between parties to a dispute or complaint, recommending the initiation of enforcement proceedings, and making recommendations to the division for addressing complaints. Section 12. The bill creates s. 718.5013, F.S., relating to ombudsman expenditures. Identified issue: Currently, there is no department that has the power to settle disputes between condominium owners and their respective associations, that can help monitor elections and meetings, that can fine members, etc. Recommendation: The bill authorizes that costs and expenditures of the ombudsman office be paid out of the division operational trust fund. It authorizes the Joint Legislative Auditing Committee to approve staffing for the office. Section 13. The bill creates s. 718.5014, F.S., relating to the location of the ombudsman office. Identified issue: Currently, there is no department that has the power to settle disputes between condominium owners and their respective associations, that can help monitor elections and meetings, that can fine members, etc. Recommendation: The bill specifies the ombudsman office be located in Leon county. Section 14. The bill creates s. 718.5015, F .S., relating to the creation of the Advisory Council on Condominiums. Identified issue: Currently, there is no department that has the power to settle disputes between condominium owners and their respective associations, that can help monitor elections and meetings, that can fine members, etc. Recommendation: The bill creates a seven member Advisory Council on Condominiums. The council has the responsibilities to receive and process input from the general public relating to changes in the law and division rules, as well as, the education programs of the division. Section 15. The bill amends s. 718.504, F.S., relating to litigation notification. Identified issue: Lack of awareness by potential buyers, such as, being notified whether or not the association is or was in litigation or has incurred or will be incurring liabilities. Recommendation: The bill expands the current "Frequently Asked Questions and Answers. sheet to include additional information. The bill requires the prospectus or offering circular to contain information relating to litigation or potential litigation which may expose the association to liability. Section 16. The bill transfers the licensure program for community association managers to the division by a type two transfer. Section 17. The bill authorizes the continuation of active administrative cases under the DBPR against CAMs. Section 18. The bill creates s. 718.510, F.S., relating to the creation of a condominium owner bill of rights brochure. Identified issue: Residents do not know how the state addresses their rights and concerns. STORAGE NAME: DATE: h1223a.br.doc March 13, 2004 PAGE: 5 Recommendation: The bill requires the division to adopt rules to provide for a brochure entitled, .Condominium Owners' Bill of Rights." Section 19. Effective date - upon becoming a law. C. SECTION DIRECTORY: See B. above. II, FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: See D. fiscal comments, below. 2. Expenditures: See D. fiscal comments, below. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: NA 2. Expenditures: NA C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: See D. fiscal comments, below. D. FISCAL COMMENTS: The report of the select committee comments that: Monies allocated to the trust fund that are generated by condo unit owners must be left to serve only the condo association's needs and not diverted from the account to help fund other initiatives of the state. The trust fund is currently funded by a $4 unit fee paid by 1.1 million unit owners in the state of Florida. These funds are essential in bringing forth the much needed changes and also to further the education of home owners and board members. III. COMMENTS A. CONSTITUTIONAL ISSUES: 1. Applicability of Municipality/County Mandates Provision: NA 2. Other: NA STORAGE NAME: DATE: h1223a.br.doc March 13, 2004 PAGE: 6 B. RULE-MAKING AUTHORITY: NA C. DRAFTING ISSUES OR OTHER COMMENTS: None noted. IV, AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES The CS differs from the original bill as follows: Removes the provision specifying that a declaration or bylaw allowing a multiple unit owner in the same condominium to exercise multiple votes shall be void. Removes language in the bill that creates a two year term limit for board members. Removes language in the bill relating to mandatory criminal background checks by the board for all new potential unit owners and tenants. Prohibits an attorney from charging in excess of $75 per letter for correspondence, collection efforts, litigation, or other business arising under this chapter. STORAGE NAME: DATE: h1223a.br.doc March 13, 2004 PAGE: 7 F L ~~ RID A REPRESENTATIVES H 0 USE o F HB 1223 CS 2004 CS CHAMBER ACTION 1 The Committee on State Administration recommends the following: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Committee Substitute Remove the entire bill and insert: A bill to be entitled An act relating to condominium associations; amending s. 718.110, F.S.; providing for grandfathering and modification of rental rights; providing for certain application of the amendment of unit owners' rental rights; providing certain voting and approval criteria for amendments depriving owners of certain rights; creating s. 718.5011, F.S.; creating an Office of the Condominium Ombudsman within the Division of Florida Land Sales, Condominiums, and Mobile Homes; providing for the office's independence from the division; authorizing the Joint Legislative Auditing Committee to appoint the ombudsman; requiring the ombudsman to be an attorney; providing for the filling of a vacant ombudsman position; requiring the ombudsman and staff to subscribe to the oath of office required of state officers; prohibiting the ombudsman and staff from engaging in any other profession, serving as a representative or employee of any political party, or receiving remuneration for activities on behalf of Page 1 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A REPRESENTATIVES H 0 USE o F HB 1223 CS 2004 CS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 political candidates; prohibiting the ombudsman and staff from seeking public office unless resigned from the Office of the Condominium Ombudsman; providing requirements and limitations for office staff; creating s. 718.5012, F.S.; providing for powers and duties of the ombudsman; creating s. 718.5013, F.S.; providing for compensation and expenses for the office; authorizing the ombudsman to employ clerical and technical assistants for certain purposes; creating s. 718.5014, F.S.; providing for the location of the ombudsman's office; creating s. 718.5015, F.S.; creating the Advisory Council on Condominiums; providing for membership, functions, meetings, and offices of the council; amending s. 718.504, F.S.; revising provisions relating to certain prospectus and offering circulars; requiring developers of certain condominiums to provide a prospectus including a "Frequently Asked Questions and Answers" document; requiring the document to contain certain information; reducing the threshold amount to be required to be disclosed in controversy for litigation; preserving the department's authority to pursue certain remedies; providing an effective date. 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. Subsection (13) is added to section 718.110, 49 Florida Statutes, to read: Page 2 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~R I D A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 50 718.110 Amendment of declaration; correction of error or 51 omission in declaration by circuit court; grandfathering and 52 modification of certain rights.-- 53 (13) (a) Unless expressly stated in the amendment, any 54 amendment restricting unit owners' rights relating to the rental 55 of units, keeping of pets, or allocation of parking spaces shall 56 apply only to unit owners who purchase their unit after the 57 effecti ve date of that amendment. 58 (b) Notwithstanding any other provision of law, or of the 59 declaration or bylaws, if an amendment expressly deprives 60 current unit owners of any part of their rights mentioned in 61 subsection (a), it must be approved by at least a majority of 62 the voting interests. A declaration or an amendment to a 63 declaration may provide for a higher super majority vote 64 requirement. 65 Section 2. Section 718.5011, Florida Statutes, is created 66 to read: 67 718.5011 Ombudsman; appointment; oath; restrictions on 68 ombudsman and his or her employees.-- 69 (1) There is created an Office of the Condominium 70 Ombudsman that for administrative purposes shall be located 71 within the Division of Florida Land Sales, Condominiums, and 72 Mobile Homes. However, the office shall be independent of the 73 division. 74 (2) The Joint Legislative Auditing Committee shall appoint 75 an ombudsman by majority vote of the members of that committee. 76 The ombudsman shall be an attorney admitted to practice before 77 the Florida Supreme Court and shall serve at the pleasure of the Page 3 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~R I D A H o USE o F REPRESENTATIVES HB 1223 CS 2004 CS 78 Joint Legislative Auditing Committee. Vacancies in the office 79 shall be filled in the same manner as the original appointment. 80 The ombudsman and attorneys under his or her staff shall take 81 and subscribe to the oath of office reguired of state officers 82 by the State Constitution. No officer or full-time employee of 83 the ombudsman's office shall actively engage in any other 84 business or profession; serve as the representative of any 85 political party, executive committee, or other governing body 86 thereof; serve as an executive, officer, or employee of any 87 political party, committee, organization, or association; 88 receive remuneration for activities on behalf of any candidate 89 for public office; or engage on behalf of any candidate for 90 public office in the solicitation of votes or other activities 91 on behalf of such candidacy. Neither the ombudsman nor any 92 employee of his or her office shall become a candidate for 93 election to public office unless he or she first resigns from 94 his or her office or employment. 95 Section 3. Section 718.5012, Florida Statutes, is created 96 to read: 97 718.5012 Ombudsman; powers and duties.--The ombudsman 98 shall have such powers as are necessary to carry out the duties 99 of his or her office, including, but not limited to, the 100 following specific powers: 101 (1) To have access to and use of all files and records of 102 the division and of all condominium associations, by subpoena if 103 necessary. Page 4 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~R I D A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 104 (2) To conduct onsite inspections of condominiums, 105 including surprise inspections in accordance with rules 106 providing for such inspections. 107 (3) To prepare and issue reports, recommendations, and 108 proposed orders to the division, the Governor, the Advisory 109 Council on Condominiums, the President of the Senate, the 110 Speaker of the House of Representatives, and minority leaders of 111 the Senate and the House of Representatives on any matter or 112 subiect within the iurisdiction of the division, and to make 113 such recommendations as he or she deems appropriate for 114 legislation relative to division procedures, rules, 115 iurisdiction, personnel, and functions. 116 (4) To act as liaison between the division and unit 117 owners, and to assist any unit owner in the preparation and 118 filing of a complaint to be investigated by the division. The 119 ombudsman shall establish procedures for receiving complaints. 120 Any complaint deemed valid by the ombudsman and properly falling 121 within the iurisdiction of the division and reguiring remedial 122 action shall be identified and promptly filed with the division. 123 Upon the concurrence of the division, the ombudsman shall 124 establish target dates for concluding an investigation and for 125 taking appropriate specified remedial action. The ombudsman may 126 recommend that the division initiate enforcement proceedings in 127 accordance with chapter 120. The department and the ombudsman 128 may take findings of a criminal nature and submit them as 129 evidence to the state attorney's office and work with such 130 office to bring charges against the alleged parties involved. Page 5 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~R I o A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 131 (5) To monitor, investigate, and review condominium 132 elections and meetings. In addition, the ombudsman shall: 133 (a) Prove to the division, by clear and convincing 134 evidence, that a member of a condominium board has attempted, 135 enqaqed in, conspired to engage in, or willfully and knowinqly 136 benefited from electoral fraud in order for the division to 137 order such member removed from office. Such an order of removal 138 shall also prohibit such member from running for election to any 139 office of the condominium board in the state for 4 years. If any 140 person is so removed from office twice, such person shall be 141 barred for life from servinq on a condominium board. Factual 142 findings forming the basis for an order of removal shall be 143 subiect to iudicial review only for abuse of discretion. 144 (b) Jointly, with the division, adopt rules governing 145 removal proceedinqs. Such rules shall, at a minimum, provide the 146 accused board member with adequate notice, opportunity to be 147 heard, the right to confront and cross-examine witnesses, the 148 right to submit rebuttal evidence, and the right to counsel. 149 150 Neither this subsection nor rules adopted to implement it shall 151 be construed to require provision of counselor witnesses, or 152 other assistance, at public expense. 153 (6) To resolve disputes among unit owners by ordering 154 mediation or arbitration in the same manner as the division. 155 (7) To make recommendations to the division for chanqes in 156 rules and procedures for the filing, investigation, and 157 resolution of complaints filed by unit owners, associations, and 158 manaqers. Page 6 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 159 Section 4. Section 718.5013, Florida Statutes, is created 160 to read: 161 718.5013 Ombudsman; compensation and expenses.-- 162 (1) All costs and expenses incurred by the Office of the 163 Condominium Ombudsman shall be paid from disbursements from the 164 Division of Florida Land Sales, Condominiums, and Mobile Homes 165 Trust Fund and shall require approval of the Joint Legislative 166 Auditing Committee. 167 (2) The Joint Legislative Auditing Committee may authorize 168 the ombudsman to employ clerical and technical assistants whose 169 qualifications, duties, and responsibilities the committee shall 170 from time to time prescribe, and to enter into such contracts as 171 necessary. The committee may authorize retention of the services 172 of additional attorneys or experts to the extent that the best 173 interests of the people of the state will be better served 174 thereby, includinq the retention of expert witnesses and other 175 technical personnel for participation in contested proceedinqs 176 before the division. 177 Section 5. Section 718.5014, Florida Statutes, is created 178 to read: 179 718.5014 Ombudsman; location.--The ombudsman shall 180 maintain his or her principal office in Leon County on the 181 premises of the division or, if suitable space cannot be 182 provided there, at such other place convenient to the offices of 183 the division as will enable the ombudsman to expeditiously carry 184 out the duties and functions of his or her office. The ombudsman 185 may establish branch offices upon the concurrence of the Joint 186 Leqislative Auditing Committee Page 7 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H o USE o F REPRESENTATIVES HB 1223 CS 2004 CS 187 Section 6. Section 718.5015, Florida Statutes, is created 188 to read: 189 718.5015 Advisory council; membership functions.-- 190 (1) There is created the Advisory Council on Condominiums. 191 The council shall consist of seven members. Two members shall be 192 appointed by the Speaker of the House of Representatives, two 193 members shall be appointed by the President of the Senate, and 194 three members shall be appointed by the Governor. At least one 195 member shall represent timeshare condominiums. Members shall be 196 appointed to 2-year terms; however, of the initial appointments, 197 one of the members appointed by each of the Governor, the 198 Speaker of the House of Representatives, and the President of 199 the Senate shall be appointed to 1-year terms. In addition to 200 these appointed members, the director of the Division of Florida 201 Land Sales, Condominiums, and Mobile Homes shall serve as an ex 202 officio member of the council. It is the intent of the 203 Legislature that the persons appointed to this council represent 204 a cross-section of persons interested in condominium issues. For 205 administrative purposes, the council shall be located in the 206 Division of Florida Land Sales, Condominiums, and Mobile Homes 207 of the Department of Business and Professional Regulation. 208 Members of the council shall serve without compensation, but 209 shall be entitled to receive per diem and travel expenses 210 pursuant to s. 112.061 while on official business. 211 (2) The functions of the advisory council shall be to: 212 (a) Receive input from the public regarding issues of 213 concern with respect to condominiums and to receive 214 recommendations for any changes to be made in the condominium Page 8 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 215 law. The issues that the council shall consider shall include, 216 but shall not be limited to, the rights and responsibilities of 217 the unit owners in relation to the rights and responsibilities 218 of the association. 219 (bl Review, evaluate, and advise the division concerninq 220 revisions and adoption of rules affecting condominiums. 221 (cl Recommend improvements, if needed, in the education 222 programs offered by the division. 223 (3) The council is authorized to elect a chair and vice 224 chair and such other offices as it may deem advisable. The 225 council shall meet at the call of its chair, at the request of a 226 maiority of its membership, at the request of the division, or 227 at such times as may be prescribed by its rules. A maiority of 228 the members of the council shall constitute a quorum for the 229 transaction of all business and the carryinq out of the duties 230 of the council. 231 Section 7. Section 718.504, Florida Statutes, is amended 232 to read: 233 718.504 Prospectus or offering circular; "Frequently Asked 234 Questions and Answers". --Every developer of a residential 235 condominium which contains more than 20 residential units, or 236 which is part of a group of residential condominiums which will 237 be served by property to be used in common by unit owners of 238 more than 20 residential units, shall prepare a prospectus or 239 offering circular and file it with the Division of Florida Land 240 Sales, Condominiums, and Mobile Homes prior to entering into an 241 enforceable contract of purchase and sale of any unit or lease 242 of a unit for more than 5 years and shall furnish a copy of the Page 9 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H o USE o F R E PRE S E N TAT I V E S HB 1223 CS 2004 CS 243 prospectus or offering circular to each buyer. In addition to 244 the prospectus or offering circular, any prospective eaefi buyer 245 from the developer or a current unit owner shall be furnished a 246 separate document ~ entitled "Frequently Asked Questions and 247 Answers," which shall be in accordance with a format approved by 248 the division and a copy of the financial information required by 249 s. 718.111. This document ~ shall, in readable language, 250 inform prospective purchasers regarding their voting rights and 251 unit use restrictions, including restrictions on the leasing of 252 a unit; shall indicate whether and in what amount the unit 253 owners or the association is obligated to pay rent or land use 254 fees for recreational or other commonly used facilities; shall 255 contain a statement identifying that amount of assessment which, 256 pursuant to the budget, would be levied upon each unit type, 257 exclusive of any special assessments, and which shall further 258 identify the basis upon which assessments are levied, whether 259 monthly, quarterly, or otherwise; shall state and identify any 260 court cases in which the association is currently a party of 261 record in which the association may face liability in CJcceSEl of 262 $25,000 or more SlOQ,OOO; and which shall further state whether 263 membership in a recreational facilities association is 264 mandatory, and if so, shall identify the fees currently charged 265 per unit type. The division shall by rule require such other 266 disclosure as in its judgment will assist prospective 267 purchasers. The prospectus or offering circular may include more 268 than one condominium, although not all such units are being 269 offered for sale as of the date of the prospectus or offering Page 10 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A HB 1223 CS H 0 USE o F REPRESENTATIVES 2004 CS 270 circular. The prospectus or offering circular must contain the 271 following information: 272 (1) The front cover or the first page must contain only: 273 (a) The name of the condominium. 274 (b) The following statements in conspicuous type: 275 1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS IMPORTANT 276 MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM UNIT. 277 2. THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN 278 NATURE. A PROSPECTIVE PURCHASER SHOULD REFER TO ALL REFERENCES, 279 ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES 280 MATERIALS. 281 3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY 282 STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER TO THIS 283 PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT 284 REPRESENTATIONS. 285 (2) Summary: The next page must contain all statements 286 required to be in conspicuous type in the prospectus or offering 287 circular. 288 (3) A separate index of the contents and exhibits of the 289 prospectus. 290 (4) Beginning on the first page of the text (not including 291 the summary and index), a description of the condominium, 292 including, but not limited to, the following information: 293 (a) Its name and location. 294 (b) A description of the condominium property, including, 295 without limitation: 296 1. The number of buildings, the number of units in each 297 building, the number of bathrooms and bedrooms in each unit, and Page 11 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~R I D A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 298 the total number of units, if the condominium is not a phase 299 condominium, or the maximum number of buildings that may be 300 contained within the condominium, the minimum and maximum 301 numbers of units in each building, the minimum and maximum 302 numbers of bathrooms and bedrooms that may be contained in each 303 unit, and the maximum number of units that may be contained 304 within the condominium, if the condominium is a phase 305 condominium. 306 2. The page in the condominium documents where a copy of 307 the plot plan and survey of the condominium is located. 308 3. The estimated latest date of completion of 309 constructing, finishing, and equipping. In lieu of a date, the 310 description shall include a statement that the estimated date of 311 completion of the condominium is in the purchase agreement and a 312 reference to the article or paragraph containing that 313 information. 314 (c) The maximum number of units that will use facilities 315 in common with the condominium. If the maximum number of units 316 will vary, a description of the basis for variation and the 317 minimum amount of dollars per unit to be spent for additional 318 recreational facilities or enlargement of such facilities. If 319 the addition or enlargement of facilities will result in a 320 material increase of a unit owner's maintenance expense or 321 rental expense, if any, the maximum increase and limitations 322 thereon shall be stated. 323 (5) (a) A statement in conspicuous type describing whether 324 the condominium is created and being sold as fee simple 325 interests or as leasehold interests. If the condominium is Page 12 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 326 created or being sold on a leasehold, the location of the lease 327 in the disclosure materials shall be stated. 328 (b) If timeshare estates are or may be created with 329 respect to any unit in the condominium, a statement in 330 conspicuous type stating that timeshare estates are created and 331 being sold in units in the condominium. 332 (6) A description of the recreational and other commonly 333 used facilities that will be used only by unit owners of the 334 condominium, including, but not limited to, the following: 335 (a) Each room and its intended purposes, location, 336 approximate floor area, and capacity in numbers of people. 337 (b) Each swimming pool, as to its general location, 338 approximate size and depths, approximate deck size and capacity, 339 and whether heated. 340 (c) Additional facilities, as to the number of each 341 facility, its approximate location, approximate size, and 342 approximate capacity. 343 (d) A general description of the items of personal 344 property and the approximate number of each item of personal 345 property that the developer is committing to furnish for each 346 room or other facility or, in the alternative, a representation 347 as to the minimum amount of expenditure that will be made to 348 purchase the personal property for the facility. 349 (e) The estimated date when each room or other facility 350 will be available for use by the unit owners. 351 (f)l. An identification of each room or other facility to 352 be used by unit owners that will not be owned by the unit owners 353 or the association; Page 13 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 354 2. A reference to the location in the disclosure materials 355 of the lease or other agreements providing for the use of those 356 facilities; and 357 3. A description of the terms of the lease or other 358 agreements, including the length of the term; the rent payable, 359 directly or indirectly, by each unit owner, and the total rent 360 payable to the lessor, stated in monthly and annual amounts for 361 the entire term of the lease; and a description of any option to 362 purchase the property leased under any such lease, including the 363 time the option may be exercised, the purchase price or how it 364 is to be determined, the manner of payment, and whether the 365 option may be exercised for a unit owner's share or only as to 366 the entire leased property. 367 (g) A statement as to whether the developer may provide 368 additional facilities not described above; their general 369 locations and types; improvements or changes that may be made; 370 the approximate dollar amount to be expended; and the maximum 371 additional common expense or cost to the individual unit owners 372 that may be charged during the first annual period of operation 373 of the modified or added facilities. 374 375 Descriptions as to locations, areas, capacities, numbers, 376 volumes, or sizes may be stated as approximations or minimums. 377 (7) A description of the recreational and other facilities 378 that will be used in common with other condominiums, community 379 associations, or planned developments which require the payment 380 of the maintenance and expenses of such facilities, either Page 14 of 28 CODING: Words Etricken are deletions; words underlined are additions. F L ~~ RID A HB 1223 CS H 0 USE o F REPRESENTATIVES 2004 CS 381 directly or indirectly, by the unit owners. The description 382 shall include, but not be limited to, the following: 383 (al Each building and facility committed to be built. 384 (bl Facilities not committed to be built except under 385 certain conditions, and a statement of those conditions or 386 contingencies. 387 (cl As to each facility committed to be built, or which 388 will be committed to be built upon the happening of one of the 389 conditions in paragraph (bl, a statement of whether it will be 390 owned by the unit owners having the use thereof or by an 391 association or other entity which will be controlled by them, or 392 others, and the location in the exhibits of the lease or other 393 document providing for use of those facilities. 394 (dl The year in which each facility will be available for 395 use by the unit owners or, in the alternative, the maximum 396 number of unit owners in the project at the time each of all of 397 the facilities is committed to be completed. 398 (el A general description of the items of personal 399 property, and the approximate number of each item of personal 400 property, that the developer is committing to furnish for each 401 room or other facility or, in the alternative, a representation 402 as to the minimum amount of expenditure that will be made to 403 purchase the personal property for the facility. 404 (fl If there are leases, a description thereof, including 405 the length of the term, the rent payable, and a description of 406 any option to purchase. 407 Page 15 of 28 CODING: Words E:tricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 408 Descriptions shall include location, areas, capacities, numbers, 409 volumes, or sizes and may be stated as approximations or 410 minimums. 411 412 (8) Recreation lease or associated club membership: (a) If any recreational facilities or other facilities 413 offered by the developer and available to, or to be used by, 414 unit owners are to be leased or have club membership associated, 415 the following statement in conspicuous type shall be included: 416 THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS 417 CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS 418 CONDOMINIUM. There shall be a reference to the location in the 419 disclosure materials where the recreation lease or club 420 membership is described in detail. 421 (b) If it is mandatory that unit owners pay a fee, rent, 422 dues, or other charges under a recreational facilities lease or 423 club membership for the use of facilities, there shall be in 424 conspicuous type the applicable statement: 425 1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS 426 MANDATORY FOR UNIT OWNERS; or 427 2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP, 428 TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or 429 3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE 430 COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, 431 REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES 432 LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or 433 4. A similar statement of the nature of the organization 434 or the manner in which the use rights are created, and that unit 435 owners are required to pay. Page 16 of 28 CODING: Words Etricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 436 437 Immediately following the applicable statement, the location in 438 the disclosure materials where the development is described in 439 detail shall be stated. 440 (c) If the developer, or any other person other than the 441 unit owners and other persons having use rights in the 442 facilities, reserves, or is entitled to receive, any rent, fee, 443 or other payment for the use of the facilities, then there shall 444 be the following statement in conspicuous type: THE UNIT OWNERS 445 OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR 446 RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately 447 following this statement, the location in the disclosure 448 materials where the rent or land use fees are described in 449 detail shall be stated. 450 (d) If, in any recreation format, whether leasehold, club, 451 or other, any person other than the association has the right to 452 a lien on the units to secure the payment of assessments, rent, 453 or other exactions, there shall appear a statement in 454 conspicuous type in substantially the following form: 455 1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 456 SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE 457 RECREATION LEASE. THE UNIT OWNER'S FAILURE TO MAKE THESE 458 PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or 459 2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO 460 SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING DUE 461 FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE RECREATIONAL 462 OR COMMONLY USED FACILITIES. THE UNIT OWNER'S FAILURE TO MAKE 463 THESE PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN. Page 17 of 28 CODING: Words etricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 464 465 Immediately following the applicable statement, the location in 466 the disclosure materials where the lien or lien right is 467 described in detail shall be stated. 468 (9) If the developer or any other person has the right to 469 increase or add to the recreational facilities at any time after 470 the establishment of the condominium whose unit owners have use 471 rights therein, without the consent of the unit owners or 472 associations being required, there shall appear a statement in 473 conspicuous type in substantially the following form: 474 RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT 475 OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately following this 476 statement, the location in the disclosure materials where such 477 reserved rights are described shall be stated. 478 (10) A statement of whether the developer's plan includes 479 a program of leasing units rather than selling them, or leasing 480 units and selling them subject to such leases. If so, there 481 shall be a description of the plan, including the number and 482 identification of the units and the provisions and term of the 483 proposed leases, and a statement in boldfaced type that: THE 484 UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE. 485 (11) The arrangements for management of the association ~86 and maintenance and operation of the condominium property and of 487 other property that will serve the unit owners of the 488 condominium property, and a description of the management 489 contract and all other contracts for these purposes having a 490 term in excess of 1 year, including the following: 491 (a) The names of contracting parties. Page 18 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 492 (b) The term of the contract. 493 (c) The nature of the services included. 494 (d) The compensation, stated on a monthly and annual 495 basis, and provisions for increases in the compensation. 496 (e) A reference to the volumes and pages of the 497 condominium documents and of the exhibits containing copies of 498 such contracts. 499 500 Copies of all described contracts shall be attached as exhibits. 501 If there is a contract for the management of the condominium 502 property, then a statement in conspicuous type in substantially 503 the following form shall appear, identifying the proposed or 504 existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR 505 THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE 506 CONTRACT MANAGER). Immediately following this statement, the 507 location in the disclosure materials of the contract for 508 management of the condominium property shall be stated. 509 (12) If the developer or any other person or persons other 510 than the unit owners has the right to retain control of the 511 board of administration of the association for a period of time 512 which can exceed 1 year after the closing of the sale of a 513 majority of the units in that condominium to persons other than 514 successors or alternate developers, then a statement in 515 conspicuous type in substantially the following form shall be 516 included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO 517 RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS 518 HAVE BEEN SOLD. Immediately following this statement, the Page 19 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A HB 1223 CS H 0 USE o F REPRESENTATIVES 2004 CS 519 location in the disclosure materials where this right to control 520 is described in detail shall be stated. 521 (13) If there are any restrictions upon the sale, 522 transfer, conveyance, or leasing of a unit, then a statement in 523 conspicuous type in substantially the following form shall be 524 included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED OR 525 CONTROLLED. Immediately following this statement, the location 526 in the disclosure materials where the restriction, limitation, 527 or control on the sale, lease, or transfer of units is described 528 in detail shall be stated. 529 (14) If the condominium is part of a phase project, the 530 following information shall be stated: 531 (a) A statement in conspicuous type in substantially the 532 following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND AND 533 UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately following 534 this statement, the location in the disclosure materials where 535 the phasing is described shall be stated. 536 (b) A summary of the provisions of the declaration which 537 provide for the phasing. 538 (c) A statement as to whether or not residential buildings 539 and units which are added to the condominium may be 540 substantially different from the residential buildings and units 541 originally in the condominium. If the added residential 542 buildings and units may be substantially different, there shall 543 be a general description of the extent to which such added 544 residential buildings and units may differ, and a statement in 545 conspicuous type in substantially the following form shall be 546 included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE CONDOMINIUM Page 20 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 547 MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER BUILDINGS AND 548 UNITS IN THE CONDOMINIUM. Immediately following this statement, 549 the location in the disclosure materials where the extent to 550 which added residential buildings and units may substantially 551 differ is described shall be stated. 552 (d) A statement of the maximum number of buildings 553 containing units, the maximum and minimum numbers of units in 554 each building, the maximum number of units, and the minimum and 555 maximum square footage of the units that may be contained within 556 each parcel of land which may be added to the condominium. 557 (15) If a condominium created on or after July 1, 2000, is 558 or may become part of a multicondominium, the following 559 information must be provided: 560 (a) A statement in conspicuous type in substantially the 561 following form: THIS CONDOMINIUM IS (MAY BE) PART OF A 562 MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL 563 (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately following 564 this statement, the location in the prospectus or offering 565 circular and its exhibits where the multicondominium aspects of 566 the offering are described must be stated. 567 (b) A summary of the provisions in the declaration, 568 articles of incorporation, and bylaws which establish and 569 provide for the operation of the multicondominium, including a 570 statement as to whether unit owners in the condominium will have 571 the right to use recreational or other facilities located or 572 planned to be located in other condominiums operated by the same 573 association, and the manner of sharing the common expenses 574 related to such facilities. Page 21 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~R I D A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 575 (c) A statement of the minimum and maximum number of 576 condominiums, and the minimum and maximum number of units in 577 each of those condominiums, which will or may be operated by the 578 association, and the latest date by which the exact number will 579 be finally determined. 580 (d) A statement as to whether any of the condominiums in 581 the multicondominium may include units intended to be used for 582 nonresidential purposes and the purpose or purposes permitted 583 for such use. 584 (e) A general description of the location and approximate 585 acreage of any land on which any additional condominiums to be 586 operated by the association may be located. 587 (16) If the condominium is created by conversion of 588 existing improvements, the following information shall be 589 stated: 590 591 (a) The information required by s. 718.616. (b) A caveat that there are no express warranties unless 592 they are stated in writing by the developer. 593 (17) A summary of the restrictions, if any, to be imposed 594 on units concerning the use of any of the condominium property, 595 including statements as to whether there are restrictions upon 596 children and pets, and reference to the volumes and pages of the 597 condominium documents where such restrictions are found, or if 598 such restrictions are contained elsewhere, then a copy of the 599 documents containing the restrictions shall be attached as an 600 exhibit. 601 (18) If there is any land that is offered by the developer 602 for use by the unit owners and that is neither owned by them nor Page 22 of 28 CODING: Words strickon are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 603 leased to them, the association, or any entity controlled by 604 unit owners and other persons having the use rights to such 605 land, a statement shall be made as to how such land will serve 606 the condominium. If any part of such land will serve the 607 condominium, the statement shall describe the land and the 608 nature and term of service, and the declaration or other 609 instrument creating such servitude shall be included as an 610 exhibit. 611 (19) The manner in which utility and other services, 612 including, but not limited to, sewage and waste disposal, water 613 supply, and storm drainage, will be provided and the person or 614 entity furnishing them. 615 (20) An explanation of the manner in which the 616 apportionment of common expenses and ownership of the common 617 elements has been determined. 618 (21) An estimated operating budget for the condominium and 619 the association, and a schedule of the unit owner's expenses 620 shall be attached as an exhibit and shall contain the following 621 information: 622 (a) The estimated monthly and annual expenses of the 623 condominium and the association that are collected from unit 624 owners by assessments. 625 (b) The estimated monthly and annual expenses of each unit 626 owner for a unit, other than common expenses paid by all unit 627 owners, payable by the unit owner to persons or entities other 628 than the association, as well as to the association, including 629 fees assessed pursuant to s. 718.113(1) for maintenance of 630 limited common elements where such costs are shared only by Page 23 of 28 CODING: Words Etricken are deletions; words underlined are additions. F L ~~R I D A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 631 those entitled to use the limited common element, and the total 632 estimated monthly and annual expense. There may be excluded from 633 this estimate expenses which are not provided for or 634 contemplated by the condominium documents, including, but not 635 limited to, the costs of private telephone; maintenance of the 636 interior of condominium units, which is not the obligation of 637 the association; maid or janitorial services privately 638 contracted for by the unit owners; utility bills billed directly 639 to each unit owner for utility services to his or her unit; 640 insurance premiums other than those incurred for policies 641 obtained by the condominium; and similar personal expenses of 642 the unit owner. A unit owner's estimated payments for 643 assessments shall also be stated in the estimated amounts for 644 the times when they will be due. 645 (c) The estimated items of expenses of the condominium and 646 the association, except as excluded under paragraph (b), 647 including, but not limited to, the following items, which shall 648 be stated either as an association expense collectible by 649 assessments or as unit owners' expenses payable to persons other 650 than the association: 651 652 653 654 655 1. Expenses for the association and condominium: a. Administration of the association. b. Management fees. c. Maintenance. d. Rent for recreational and other commonly used 656 facilities. 657 658 e. Taxes upon association property. f. Taxes upon leased areas. Page 24 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 659 g. Insurance. 660 h. Security provisions. 661 i. Other expenses. 662 j. Operating capital. 663 k. Reserves. 664 1. Fees payable to the division. 665 2, Expenses for a unit owner: 666 a, Rent for the unit, if subject to a lease. 667 b. Rent payable by the unit owner directly to the lessor 668 or agent under any recreational lease or lease for the use of 669 commonly used facilities, which use and payment is a mandatory 670 condition of ownership and is not included in the common expense 671 or assessments for common maintenance paid by the unit owners to 672 the association. 673 (d) The estimated amounts shall be stated for a period of 674 at least 12 months and may distinguish between the period prior 675 to the time unit owners other than the developer elect a 676 majority of the board of administration and the period after 677 that date. 678 (22) A schedule of estimated closing expenses to be paid 679 by a buyer or lessee of a unit and a statement of whether title 680 opinion or title insurance policy is available to the buyer and, 681 if so, at whose expense. 682 (23) The identity of the developer and the chief operating 683 officer or principal directing the creation and sale of the 684 condominium and a statement of its and his or her experience in 685 this field. Page 25 of 28 CODING: Words etricken are deletions; words underlined are additions. F L ~~ RID A H 0 USE o F REPRESENTATIVES HB 1223 CS 2004 CS 686 (24) Copies of the following, to the extent they are 687 applicable, shall be included as exhibits: 688 (a) The declaration of condominium, or the proposed 689 declaration if the declaration has not been recorded. 690 (b) The articles of incorporation creating the 691 association. 692 (c) The bylaws of the association. 693 (d) The ground lease or other underlying lease of the 694 condominium. 695 (e) The management agreement and all maintenance and other 696 contracts for management of the association and operation of the 697 condominium and facilities used by the unit owners having a 698 service term in excess of 1 year. 699 (f) The estimated operating budget for the condominium and 700 the required schedule of unit owners' expenses. 701 (g) A copy of the floor plan of the unit and the plot plan 702 showing the location of the residential buildings and the 703 recreation and other common areas. 704 (h) The lease of recreational and other facilities that 705 will be used only by unit owners of the subject condominium. 706 (i) The lease of facilities used by owners and others. 707 (j) The form of unit lease, if the offer is of a 708 leasehold. 709 (k) A declaration of servitude of properties serving the 710 condominium but not owned by unit owners or leased to them or 711 the association. Page 26 of 28 CODING: Words etricken are deletions; words underlined are additions. F L ~~ RID A HB 1223 CS H o USE o F REPRESENTATIVES 2004 CS 712 (l) The statement of condition of the existing building or 713 buildings, if the offering is of units in an operation being 714 converted to condominium ownership. 715 (m) The statement of inspection for termite damage and 716 treatment of the existing improvements, if the condominium is a 717 conversion. 718 (n) The form of agreement for sale or lease of units. 719 (oj A copy of the agreement for escrow of payments made to 720 the developer prior to closing. 721 (p) A copy of the documents containing any restrictions on 722 use of the property required by subsection (17). 723 (25) Any prospectus or offering circular complying, prior 724 to the effective date of this act, with the provisions of former 725 ss. 711.69 and 711.802 may continue to be used without amendment 726 or may be amended to comply with the provisions of this chapter. 727 (26) A brief narrative description of the location and 728 effect of all existing and intended easements located or to be 729 located on the condominium property other than those described 730 in the declaration. 731 (27) If the developer is required by state or local 732 authorities to obtain acceptance or approval of any dock or 733 marina facilities intended to serve the condominium, a copy of 734 any such acceptance or approval acquired by the time of filing 735 with the division under s. 718.502(1) or a statement that such 736 acceptance or approval has not been acquired or received. 737 (28) Evidence demonstrating that the developer has an 738 ownership, leasehold, or contractual interest in the land upon 739 which the condominium is to be developed. Page 27 of 28 CODING: Words stricken are deletions; words underlined are additions. F L ~~ RID A o F REPRESENTATIVES H 0 USE HB 1223 CS 740 Section 8. The Department of Business and Professional 741 Regulation may continue to prosecute any existing legal 742 proceedings and related administrative cases that are in 743 existence on the effective date of this act. 744 Section 9. This act shall take effect July 1, 2004. Page 28 of 28 CODING: Words stricken are deletions; words underlined are additions. 2004 CS