training programs, develop a program to certify volunteer and paid mediators and provide a list of such mediators to any association, lot owner or other participant in arbitration proceedings under s. 720.311, F.S. This section of the bill contains details regarding how the division is to process complaints.
This language may conflict with the language in section 52 of the bill which also creates a new division of mandated properties with investigative authority over chapter 720.
Section 64. Section 720.505, is created to provide for the Advisory Council on Mandated Properties. The Council is to be made up of seven members, two appointed by the President of the Senate, two by the Speaker of the House of Representatives, and three appointed by the Governor. This section specifies the functions of the Council, which are to receive input from the public, advise the division concerning revisions and the adoption of rules, and to recommend improvements, if needed, in the division’s educational programs.
Sections 65. – 74. Conforming language to reflect the addition of Homeowners’ Associations to the division name.
Section 75. provides that every homeowner or renter in Florida shall have the right to own a companion animal and to have such animal live with them in their home if such companion animal is deemed helpful to the person’s physical or psychological well-being as attested to by at least two qualified health care professionals. Any municipal or county code or ordinance or any restrictive covenant in the governing documents of any condominium, cooperative, mobile home park, homeowner, or other common interest ownership community association that is contrary to the rights provided in this section is deemed unconscionable, invalid and of no legal effect. This section also provides for recovery of attorney fees and costs to a prevailing owner or renter if it becomes necessary for the owner or renter to enforce this provision in court.
Section 76. provides that the developer of a condominium who rents or leases any unsold units in a condominium must pay all monthly maintenance fees on those units as if the units were owned by individual unit owners. This provision is enforceable notwithstanding that the declaration of condominium, bylaws, or other documents may provide otherwise.
Section 77. provides and effective date of July 1, 2007.
C. SECTION DIRECTORY:
Section 1: Amending s. 20.165(2) relating to the Department of Business and Professional Regulation Division of Florida Land Sales, Condominiums, and Mobile Homes. Section 2: Amending s. 73.073(2) relating to condominium eminent domain procedure. Section 3: Amending s. 190.009(2) relating to disclosure of public financing. Section 4: Amending s. 190.048 relating to the required disclosure to purchaser for sale of real estate within a district. Section 5: Amending s. 190.0485 relating to notice of establishment. Section 6: Amending s. 192.037(6) relating to fee timeshare real property. Section 7: Amending s. 213.053(8) relating to confidentiality and information sharing. Section 8: Amending s. 215.20(4) relating to certain income and certain trust funds contributing to the General Revenue Fund. Section 9: Amending s. 326.002(2) relating to definitions as used in Chapter 326. Section 10: Amending s. 326.006(2) relating to the powers and duties of the Division of Florida Land Sales, Condominiums, and Mobile Homes. Section 11: Amending s. 380.0651(4) relating to statewide guidelines and standards. Section 12: Amending s. 455.116(5) relating to regulation trust funds. Section 13: Amending s. 475.455 relating to the exchange of disciplinary information. Section 14: Amending s. 498.005(5) relating to definitions as used in Chapter 498.