CODING: Words stricken are deletions; words underlined are additions. 

  1                      A bill to be entitled
  2         An act relating to the Division of Florida Land
  3         Sales, Condominiums, and Mobile Homes of the
  4         Department of Business and Professional
  5         Regulation; amending s. 718.501, F.S.; revising
  6         the time within which the division must respond
  7         to and take action on complaints; providing an
  8         effective date.
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10         WHEREAS, each condominium association pays $4 per year
11  per unit, to be directly deposited in the Florida Land Sales,
12  Condominium, and Mobile Homes Trust Fund, and
13         WHEREAS, the annual fee that is paid by the condominium
14  associations is intended to fund the Department of Business
15  and Professional Regulation's oversight of condominiums, land
16  sales, and mobile homes, and
17         WHEREAS, the Legislature and the Governor, in fiscal
18  year 2003, transferred $8.3 million from the Florida Land
19  Sales, Condominium, and Mobile Homes Trust Fund to general
20  revenue, NOW, THEREFORE,
21 
22  Be It Enacted by the Legislature of the State of Florida:
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24         Section 1.  Paragraph (m) of subsection (1) of section
25  718.501, Florida Statutes, is amended to read:
26        718.501  Powers and duties of Division of Florida Land
27  Sales, Condominiums, and Mobile Homes.--
28         (1)  The Division of Florida Land Sales, Condominiums,
29  and Mobile Homes of the Department of Business and
30  Professional Regulation, referred to as the "division" in this
31  part, in addition to other powers and duties prescribed by

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 1  chapter 498, has the power to enforce and ensure compliance
 2  with the provisions of this chapter and rules promulgated
 3  pursuant hereto relating to the development, construction,
 4  sale, lease, ownership, operation, and management of
 5  residential condominium units. In performing its duties, the
 6  division has the following powers and duties:
 7         (m)  When a complaint is made, the division shall
 8  conduct its inquiry with due regard to the interests of the
 9  affected parties. Within 15 30 days after receipt of a
10  complaint, the division shall acknowledge the complaint in
11  writing and notify the complainant whether the complaint is
12  within the jurisdiction of the division and whether additional
13  information is needed by the division from the complainant.
14  The division shall conduct its investigation and shall, within
15  3090 days after receipt of the original complaint or of
16  timely requested additional information, take action upon the
17  complaint. However, the failure to complete the investigation
18  within 3090 days does not prevent the division from
19  continuing the investigation, accepting or considering
20  evidence obtained or received after 30 90 days, or taking
21  administrative action if reasonable cause exists to believe
22  that a violation of this chapter or a rule of the division has
23  occurred. If an investigation is not completed within the time
24  limits established in this paragraph, the division shall, on a
25  monthly basis, notify the complainant in writing of the status
26  of the investigation. When reporting its action to the
27  complainant, the division shall inform the complainant of any
28  right to a hearing pursuant to ss. 120.569 and 120.57.
29         Section 2.  This act shall take effect July 1, 2004.
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 2                          SENATE SUMMARY
 3    Revises the time within which the Division of Florida 
       Land Sales, Condominiums, and Mobile Homes of the
 4    Department of Business and Professional Regulation must
       respond to and take action on complaints filed with the
 5    division.
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CODING: Words stricken are deletions; words underlined are additions.