HOUSE OF REPRESENTATIVES STAFF ANALYSIS
SPONSOR(S): Robaina and others
IDEN./SIM. BILLS: SB 2816
Committee on Business Regulation
Jobs & Entrepreneurship Council
Policy & Budget Council
9 Y, 0 N
This legislation contains significant regulatory changes for condominium associations and homeowner associations. The bill creates a new regulatory division within the Department of Business and Professional Regulation, to be named the Division of Mandated Properties. This new division is authorized to collect fees from homeowner associations, but requires that these fees be deposited into the Florida Division of Land Sales, Condominiums, and Mobile Homes Trust Fund (renamed in the bill as the Florida Division of Land Sales, Condominiums, Homeowners Associations, and Mobile Homes). Thus, this new division appears to be unfunded. Instead, the fees will be used by the existing and renamed Florida Division of Land Sales, Condominiums, Homeowner Associations, and Mobile Homes to fund the costs of reviewing and approving HOA deed restrictions prior to recording, and to pay for various educational, enforcement, and investigative activities.
The bill also makes significant changes to the office of the Condominium Ombudsman by empowering the office to issue orders and engage in enforcement type activities.
The bill also creates an Advisory Council on Mandated Properties, and provides for the functions of the Council.
According to the department, the proposed legislation will increase state revenues by $11.2 million in Fiscal Year 2007-08 and by approximately $8.2 million in future years. The bill will also increase the department’s expenditures by approximately $15 million in Fiscal Year 2007-08, with a recurring negative impact of approximately $11.5 million in future years. The department also estimates 102 full-time equivalent (FTE) positions will be needed to handle the anticipated workload increase.
The effective date of the bill is July 1, 2007.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.