WHEREAS, 
                    Florida has one of the fastest growth of so-called Homeowners Associations. 
                    A lot of the citizens moving into these Associations are elderly, retired people, 
                    who live on a restricted income. The rapidly growing number of court-cases, 
                    at a very high expense to the Florida taxpayers, filed regarding homeowners 
                    associations proves that there is a legislative lack of protection for these citizens;
                    and

WHEREAS, 
                    the Florida Statues FS 720. (former FS 617.301 - .312), FS 689.26
                    (Disclosure Statement Summary) and FS 689.265 (Financial Report)
                    seem not to be sufficient to protect the citizens of this state of Florida.

THEREFORE, 
                    be it resolved that the citizens of Florida request  laws to be enacted 
                    by the State of Florida rewriting the above Florida Statutes to put the
                    supervision of Homeowners Associations, and their creation, under the 
                    DBPR (Department of Business and Professional Regulation)
                    same as the Statutes for Condominiums.
 

WHEREAS, Florida's development and land-sales is one of the biggest industries
                    in this state; and

WHEREAS, the number of Violations of the FS 498.021 - 498.022 is growing in
                    Numbers. According to the Statutes any willful violation of the 
                    provisions of this section shall be a felony of the third  degree; and

WHEREAS, the General Attorney's Office is not prosecuting these felonies 
                    because of lack of funds and manpower. An ever growing number of
                    developers are aware of this problem and are taking advantage of this
                    lack of criminal prosecution; and

WHEREAS, the citizens of this State are lacking the protection the Florida 
                    Statutes are supposedly guaranteeing them.

THEREFORE, be it resolved that the citizens of Florida  request
                        that the Florida Legislature is making the necessary funds 
                        available to the Office of the General Attorney to prosecute the 
                        above stated violations and give the citizens of this state the 
                        protection promised in Chapter 498. Florida Statutes.
 
 

         WHEREAS, chapter 190 as commonly applied by large tract developers to optimize their profit and freedom of action, sometimes at the expense of homeowners in the district; and, 

         WHEREAS, an imbalance of economic and political power between the homeowners as a group and the developer is contrary to American principles of government, equity, and quid pro quo transactions; and, 

         WHEREAS, this defect politico-economic system more resembles a colonial Dutch patroon manor than a democratic institution, and is characterized by paternalistic exploitation on the one hand, and passive resentment or antipathy on the other, it is common knowledge that Chapter 190 needs to be amended to make it consonant with the principles of the originating state government: 

         NOW THEREFORE, BE IT RESOLVED that landowners whose financial contributions, by whatever name, support C. D. D. governments shall have effective control over these governments and their expenditures through their elected representatives. Each owner of land, whether developed or undeveloped, in the district shall annually be assessed to pay financially according to the amount of land that he owns, and his vote in electing officers of the district shall also be based upon the extent of his land holdings. This resolution is based on two premises: one, that it was not the purpose of Chapter 190 to favor one class, developer, over another, homeowner; and, two the interests of both classes, and the benefits they receive by actions of the district government are directly proportionate to the amount of land they own. 

WHEREAS, continuing growth of planned communities in Florida has outdistanced the needed controls that
                    advise purchasers of properties that mandatory restrictions apply, and what rights and 
                    obligations exist.

WHEREAS, legislation intended to accomplish such objectives has been under the responsibility of the
                    Department of State who refused to implement the necessary administrative code to implement the
                    enforcement responsibility.  As of 1 July the legislature has removed pertinent law from the
                    Department of State and created a new Chapter 720, F.S. as required by the recent Constitution
                    Revision. The new law is now fragmented in limbo without an enforcement agency.

WHEREAS, Chapter 16, F.S. presently empowers the Department Of Legal Affairs in Sections 16.56 and
                    16.57 to investigate and initiate actions.  Likewise Section 16.59 specifically addresses Medicaid
                    fraud.

NOW, THEREFORE, BE IT RESOLVED, that the provisions of Chapter16 F.S. be amended to include
            mandatory property associations; that staff and funding be provided to enforce the Chapter 720 F.S.
 

 WHEREAS, the Department of State had provisions in Chapter 617.301-Chapter 312 F.S. to govern and
                     control mandated property associations, and

 WHEREAS, when the recent Florida Constitutional Revision affected the Department of State, the original
                     provisions were renumbered and passed in the 2000 Legislature as Chapter 720, F.S., and

 WHEREAS, the law as written is incomplete and has no governing authority to draft the needed administrative
                    code, 

 NOW, THEREFORE, BE IT RESOLVED, that legislation be introduced to have the Department of Business
             and Professional Regulation appoint a workgroup to amend and implement the law as required.

WHEREAS, the recent Florida Constitutional Task Force, implementing the provisions of the recent Florida
                    Constitution Revision, dictated a realignment of State offices, and

WHEREAS, the Task Force recommended that certain provisions of the Department of State Not-for-Profit 
                    Act 617, relating to homeowner associations, be relocated to another agency, and

WHEREAS, the 2000 Legislature enacted Senate bill SB-1194 creating Chapter 720 F.S. that adopted and
                    renumbered the provisions removed from the Department of State, and

WHEREAS, the section so removed is incomplete and unsatisfactory, having no enforcement authority
                    established as well as administrative code.

 NOW, THEREFORE, BE IT RESOLVED, that a study commission be appointed to satisfy the apparent needs
                   created by the realignment of the Department of State.  To accomplish this, the bill filed in the 2000
                   session S-264 be modified as necessary.  The end product of the Commission would be the
                   presentation to the 2001 Legislature the needed bills for adoption.