Bill Summary By
Milena Macias, Esq.
CCFJ Director for Legislative Affairs
Milena Macias, Esq.
SB 1136
Condominium Fraud Investigation Pilot Program
We need to support SB 1136 (filed by Senator Ana
Maria Rodriguez). Under this bill, a pilot program is created to
deal with investigations on condominium-related fraud and corruption
in Broward, Miami-Dade, and Monroe Counties. If passed, the bill
becomes effective October 1, 2023 and provides for future repeal of
the program on October 2, 2028, unless reviewed and saved from
repeal by the Legislature.
This bill creates s.16.81 F.S., a pilot program entitled “Condominium
Fraud Investigation Pilot Program” (“Program”) within the
Department of Legal Affairs in the Office of the Attorney General
(“Department”). The purpose of the Program is to investigate
condominium-related fraud and corruption in Broward, Miami-Dade, and
Monroe Counties. As part of the Program, the creation of
private/public partnership and establishes that the Department is
authorized to and may contract private entities that employ retired
law enforcement officers who have financial fraud expertise. The
Department is also authorized to hire five law enforcement officers
who have been certified by the Department of Law Enforcement (as
defined in Chapter 943, F.S.) In addition, if the Department chooses
not to contract with private entities, then the Department must hire
three financial investigators, five investigators with previous law
enforcement experience, and three clerical employees to staff the
program, to ensure that the purpose of the Program is fulfilled.
(Section 1. Section 16.81(1), Florida Statutes)
The programs mission is to deter, prevent and investigate fraud and
corruption in condominium associations. This bill provides greater
protection to owners in condominium the association, and specific
methods, including the use of retired law enforcement officers who
have expertise in fraud or corruption to foster a private/public
partnership. The measures are of benefit to Broward, Miami-Dade and
Monroe counties.
The bill also authorizes a person to file a complaint with the
Office of the Condominium Ombudsman. The Ombudsman is required to
review complaints and take special measures including forwarding of
complaints to the proper agency. In the event that the complaint
does not not contain allegations of fraud or corruption, the
Ombudsman must forward the complaint to the Division of Florida
Condominiums, Timeshares, and Mobile Homes. (Section 1. Section
16.81(2), Florida Statutes.)
The Program grants the Department the power to subpoena, audit, and
investigate in dealing with fraud and/or corruption, Department is
allowed to administer oaths, subpoena witnesses, and compel the
production of books, papers, or other records relevant to the
investigation. If. after a careful review, the Department finds
sufficient evidence for criminal prosecution, it must refer the case
to the appropriate state attorney for prosecution. (Section
1. Section 16.81(3), Florida Statutes)
The Program must be funded annually from the Division of Florida
Condominiums, Timeshares, and Mobile Homes Trust Fund, and funds
specifically with funds specifically appropriated in the General
Appropriations.
Further, the Program Program provides under 718.501, F.S. that the
Program will be repealed on October 2, 2028, unless dictated
otherwise by the Legislature.
Section 2. Subsection (1) of section 718.501, F.S., amends and
provides the authority, duty and responsibility by the Florida
Condominiums, Timeshares, and Mobile Homes, including forwarding
complaints relating to fraud or corruption to the Office of the
Condominium Ombudsman. The bill also provides under s. 718.5012, F.S.;
additional powers of the Ombudsman to include the ability to void or
cancel condominium elections if election monitors or election
statutes are violated; and provides an effective date.
EFFECTIVE
OCTOBER
1, 2023
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