Pending Florida Senate Bills
SB 1618: Condominium Associations
GENERAL BILL by Sachs
Condominium Associations; Removing a specific date by which updates to the safety code for certain existing elevators and escalators may not be enforced in condominiums or multifamily residential buildings; authorizing an agent, employee, or representative of a condominium association to enter into a condominium unit that has been abandoned or unoccupied under certain conditions; providing that the unit owner and the tenant are jointly and severally liable for attorney fees and costs of the association if the association prevails in an action to recover rent after proper demand, etc. Last Action: 03/02/2013 Filed.
CS/SB 264: Firesafety Devices
GENERAL BILL by Community Affairs ; Hays
Firesafety Devices; Requiring certain battery-operated smoke alarms to meet specified standards, etc.
Senate Committee References: Community Affairs (CA) , Commerce and Tourism (CM) Governmental Oversight and Accountability (GO)
Last Action: 02/12/2013 Now in Commerce and Tourism
Effective Date: July 1, 2013
SB 112: Property Fraud
GENERAL BILL by Dean
Property Fraud; Prohibiting a person from filing or causing to be filed, with intent to defraud another, a document relating to the ownership, transfer, or encumbrance of or claim against real or personal property, or any interest in real or personal property, which the person knows contains a material misstatement, misrepresentation, or omission of fact; providing criminal penalties; providing that a person who fraudulently records a construction lien is subject to specified fraud provisions, etc.
Senate Committee References: Judiciary (JU) , Criminal Justice (CJ) , Rules (RC)
Last Action: 01/04/2013 Referred to Judiciary; Criminal Justice; Rules
CS/SB 120: Condominiums
GENERAL BILL by Regulated Industries ; Latvala
Condominiums; Allowing condominium units to come into existence regardless of requirements or restrictions in a declaration; extending the amount of time that a clerk of the circuit court may hold a sum of money before notifying the registered agent of an association that the sum is still available and the purpose for which it was deposited; changing the requirements relating to the circumstances under which a declaration of condominium or other documents are effective to create a condominium; revising the conditions under which a developer may amend a declaration of condominium governing a phase condominium; providing for an extension of the 7-year period for the completion of a phase, etc.
Senate Committee References: Regulated Industries (RI) , Judiciary (JU) , Rules (RC)
Last Action: 01/28/2013 Now in Judiciary
Effective Date: Upon becoming a law.
CS/SB 436: Residential Properties
GENERAL BILL by Regulated Industries ; Altman
Residential Properties; Exempting certain elevators from specific code update requirements; revising specified supervision and regulation exemptions for homeowners’ association swimming pools; providing requirements for a condominium association board relating to the installation of hurricane shutters, impact glass, code-compliant windows or doors, and other types of code-compliant hurricane protection under certain circumstances; revising provisions relating to imposing remedies against a noncompliant or delinquent condominium unit owner or member, etc.
Last Action: 02/25/2013 Pending reference review under Rule 4.7(2) – (Committee Substitute)
CS/SB 530: Dispute Resolution
GENERAL BILL by Judiciary ; Thrasher
Dispute Resolution; Revising the short title of the “Florida Arbitration Code” to be the “Revised Florida Arbitration Code”; providing that an agreement may waive or vary the effect of statutory arbitration provisions; requiring a court to decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate; providing that a person waives any objection to lack of or insufficiency of notice by appearing at the arbitration hearing; requiring certain disclosures of interests and relationships by a person before accepting appointment as an arbitrator, etc.
Senate Committee References: Judiciary (JU) , Rules (RC)
Last Action: 02/21/2013 Now in Rules
Effective Date: July 1, 2013
SB 182: Homestead Exemption
GENERAL BILL by Detert
Homestead Exemption; Authorizing a person to report to a local property appraiser a possible homestead exemption violation under certain circumstances; requiring that the tax collector pay a specified maximum reward to the reporting individual after the recovery of any back taxes, interest, or penalties; requiring associations for condominiums and cooperatives to provide a list of rented units to the property appraiser’s office, etc.
Senate Committee References: Community Affairs (CA) , Appropriations Subcommittee on Finance and Tax (AFT) , Appropriations (AP)
Last Action: 01/11/2013 Referred to Community Affairs; Appropriations Subcommittee on Finance and Tax; Appropriations
SB 286: Design Professionals
GENERAL BILL by Negron
Design Professionals; Providing that certain contracts executed by a business entity may specify that certain architects, interior designers, landscape architects, engineers, and surveyors may not be held individually liable for negligence in the performance of professional services provided under those contracts; specifying that a contract that prohibits individual liability must meet certain requirements, etc.
Senate Committee References: Regulated Industries (RI) , Judiciary (JU) , Community Affairs (CA)
Last Action: 02/07/2013 Now in Judiciary
Effective Date: July 1, 2013
Pending Florida House Bills
SB 596: Homeowners’ Associations
GENERAL BILL by Hays
Homeowners’ Associations; Renaming the Division of Florida Condominiums, Timeshares, and Mobile Homes in the Department of Business and Professional Regulation to the Division of Florida Condominiums, Homeowners’ Associations, Timeshares, and Mobile Homes; requiring all moneys collected by the division relating to the regulation of homeowners’ associations to be deposited into the Florida Condominiums, Homeowners’ Association, Timeshares, and Mobile Homes Trust Fund; creating the Office of Community Association Ombudsman, etc.
Senate Committee References: Regulated Industries (RI) , Governmental Oversight and Accountability (GO) , Appropriations Subcommittee on General Government (AGG) , Appropriations (AP)
Last Action: 02/07/2013 Referred to Regulated Industries; Governmental Oversight and Accountability; Appropriations Subcommittee on General Government; Appropriations
SB 580: Homeowners’ Associations
GENERAL BILL by Hays
Homeowners’ Associations; Providing for association members to take photographs or images of association records without charge in certain circumstances; requiring association directors to file with the association secretary certification that they have read certain association documents, will uphold the documents, and will uphold their fiduciary responsibility to the members, or that they have completed an educational course approved by the department; providing procedures to be followed which relate to contracts or transactions between the association and a director or entity in which a director or officer is financially interested, etc.
Senate Committee References: Regulated Industries (RI) , Community Affairs (CA) , Rules (RC)
Last Action: 02/07/2013 Referred to Regulated Industries; Community Affairs; Rules
HB 87: Mortgage Foreclosures
GENERAL BILL by Passidomo ; (CO-INTRODUCERS) Caldwell ; Moraitis ; Rodrigues
Mortgage Foreclosures; Revises limitations period for commencing action to enforce claim of deficiency judgment after foreclosure action; provides for applicability to existing causes of action; specifies required contents of complaint seeking to foreclose on certain types of residential properties; authorizes sanctions against plaintiffs who fail to comply with complaint requirements; requires court to treat collateral attack on final judgment of foreclosure on mortgage as claim for monetary damages; prohibits court from granting certain relief affecting title to foreclosed property; provides for construction relating to rights of certain persons to seek relief or pursue claims against foreclosed property; limits amount of deficiency judgment; revises class of persons authorized to move for expedited foreclosure; provides requirements & procedures with respect to order directed to defendants to show cause; provides failures by defendant to make filings or appearances may have legal consequences; requires court to enter final judgment of foreclosure & order foreclosure sale; provides for liability of persons who wrongly claim to be holders of or entitled to enforce a lost, stolen, or destroyed note & cause mortgage secured thereby to be foreclosed.
Last Action: 02/07/2013 Now in Justice Appropriations Subcommittee
Effective Date: upon becoming a law
CS/HB 175: Condominiums
GENERAL BILL by Civil Justice Subcommittee ; Fitzenhagen
Condominiums; Allows condominium units to come into existence regardless of requirements or restrictions in declaration; extends amount of time that clerk may hold sum of money before notifying registered agent of association that sum is still available & purpose for which it was deposited; changes requirements relating to circumstances under which declaration of condominium or other documents are effective to create condominium; revises conditions under which unit owners may vote on issues related to preparation of financial reports; revises conditions under which developer may vote to waive or reduce funding of reserves; revises conditions under which developer may acquire leaseholds, memberships, or other possessory or use interests; revises conditions under which unit owners other than developer are entitled to elect at least majority of members of board of administration; revises requirements related to documents that developer must deliver to association; revises conditions under which developer may amend declaration of condominium governing phase condominium; provides for extension of 7-year period for completion of phase; provides requirements for adoption of amendment; provides that amendment adopted pursuant to this section is exempt from other requirements of law.
Last Action: 02/12/2013 Now in Business and Professional Regulation Subcommittee
CS/HB 73: Residential Properties
GENERAL BILL by Civil Justice Subcommittee ; Moraitis
Residential Properties; Exempts certain elevators from specific code update requirements; revises specified supervision & regulation exemptions for homeowners’ association swimming pools; requires community association to allow member or member’s representative to use certain portable devices to make electronic copies of association records; revises provisions relating to association’s power to purchase land or recreational lease; revises terms of members of association’s board of administrators & revises eligibility criteria for candidates; revises condominium unit owner election & condominium association meeting notice & recordkeeping requirements; provides requirements for condominiums relating to election challenges, recalls, & installation of impact glass or other code-compliant windows; provides requirements for condominiums created within condominium parcels; revises provisions relating to imposing remedies; revises liability of unit owners; provides liability limitations of certain first mortgagee or its successor or assignees; revises records not accessible to members or parcel owners; revises provisions relating to amendment of declarations; provides criteria for consent to amendment; requires notice to mortgagees regarding proposed amendments.
Last Action: 02/21/2013 Now in Business and Professional Regulation Subcommittee