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BILL: CS/CS/SB’s 2086 & 2498

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Timeshares In the context of the regulation of timeshares under ch. 721, F.S., the bill amends s. 721.03(1)(c)5., F.S., to include nonspecific multisite timeshare plans within the exemption for the specified timeshare plans that are exempt from the requirements in s. 721.03(1)(c), F.S.

Division of Florida Condominiums, Timeshares, and Mobile Homes The bill amends s. 20.165, F.S., to rename the division as the Division of Florida Condominiums, Timeshares, and Mobile Homes. The bill implements the division’s name change by amending several sections in the Florida Statutes that reference the division by name.

The bill amends s. 20.165(2)(j), F.S., to rename the department’s Division of Technology, Licensure, and Testing as the Division of Technology. It also amends s. 455.217, F.S., to correct the reference to the Division of Technology.

The bill amends s. 718.501(1), F.S., to provide that the division has the powers and duties prescribed by ch. 718, F.S. Current law provides that the division has the powers and duties prescribed by ch. 498, F.S. The following powers and duties of the division are transferred by the bill from ch. 498, F.S., to ch. 718, F.S.:

Section 498.009, F.S., is renumbered as s. 718.50152, F.S. This provision establishes the executive offices of the division in Tallahassee, Florida, and authorizes the division to establish and maintain branch offices. Section 498.011, F.S., is renumbered as s. 718.50153, F.S. This provision provides for the payment of per diem, mileage, and other expenses incurred in connection with on-site reviews or investigations. This provision is currently limited to investigations of submerged land. The bill would extend this authority to on-site reviews and investigations of condominiums under ch. 718, F.S. Section 498.013, F.S., is renumbered as s. 718.50154, F.S. This provision requires that the division adopt a seal by which it shall authenticate its records. It also provides that copies of the division’s records, and certificates purporting to relate the facts contained in those records, when authenticated by the seal, are prima facie evidence of the records in all the courts of this state. The bill renumbers s. 498.057, F.S., as s. 718.50155, F.S. This provision permits the division, when acting as a petitioner or plaintiff, to provide serve of process by certified mail. The division must file an affidavit of compliance with this section within the time set by the court. This method of service of process is in addition to the methods for service of process provided for in the Florida Rules of Civil Procedure and the Florida Statutes. This provision is currently limited to court actions under ch. 498, F.S. The bill would extend this authority to court actions under ch. 718, F.S. The bill amends s. 718.501(1)(a), F.S., to authorize the division to submit official worksheets, investigative reports, other related documents from a financial examiner or analyst as competent evidence in any hearing in which the financial examiner or analyst is available for cross-examination and attests under oath that such documents were prepared as a result of an examination or inspection conducted pursuant under ch. 718, F.S. 33

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The division currently has this authority under s. 498.047(7), F.S.

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