PCS for HB 575 (2022): An act relating to vacation and timeshare plans
Summary
PCS for HB 575 (2022) is a bill to be entitled an act relating to vacation and timeshare plans. Its title lists amendments to s. 721.07, F.S., s. 721.075, F.S., s. 721.10, F.S., s. 721.125, F.S. and s. 721.13, F.S., and the creation of s. 721.131, F.S. The provisions cover electronic delivery of the approved public offering statement, incidental benefits, the board of administration of the owners' association serving as the termination trustee, and the trustee foreclosure procedure. Section 16 states that the act takes effect upon becoming a law.
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“PCS for HB 575 (2022): An act relating to vacation and timeshare plans.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 575 2022
1 A bill to be entitled
2 An act relating to vacation and timeshare plans;
3 amending s. 721.07, F.S.; authorizing developers to
4 provide purchasers with the option to receive all or a
5 portion of the approved public offering statement and
6 other information electronically under certain
7 circumstances; authorizing the Division of Florida
8 Condominiums, Timeshares, and Mobile Homes to
9 prescribe by rule a specified form; requiring
10 purchasers to select the manner in which they want the
11 approved purchaser public offering statement
12 delivered; providing requirements for such form;
13 making technical changes; amending s. 721.075, F.S.;
14 removing a limitation on the aggregate represented
15 value of all incidental benefits; prohibiting the
16 transfer or assignment of an incidental benefit
17 without the approval of the benefit's provider;
18 revising the acknowledgment a purchaser must sign
19 relating to incidental benefits; removing the
20 requirement that a developer notify the division upon
21 learning that an incidental benefit is unavailable;
22 requiring a substituted incidental benefit to be made
23 available, rather than delivered, to a purchaser
24 within a specified time; making technical changes;
25 amending s. 721.10, F.S.; prohibiting any attempt to
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26 obtain a waiver of the cancellation right of the
27 purchaser; providing that a closing is voidable under
28 certain circumstances; making technical changes;
29 amending s. 721.11, F.S.; revising the definition of
30 the term "advertising material"; conforming cross-
31 references and making technical changes; amending s.
32 721.125, F.S.; providing that the board of
33 administration of the owners' association serves as
34 the termination trustee for purposes of implementing
35 the termination of a timeshare plan; providing an
36 exception; requiring the termination trustee to act in
37 a fiduciary capacity; providing powers of the
38 termination trustee; requiring certain unpaid amounts
39 to be set off against the net proceeds from the
40 disposition of the timeshare property; authorizing the
41 termination trustee to file an interpleader action in
42 certain circumstances and deposit the disputed funds
43 into the court registry; revising applicability;
44 making technical changes; amending s. 721.13, F.S.;
45 prohibiting a managing entity from sending certain
46 notices to the address of an owner's timeshare unit or
47 timeshare plan; authorizing certain meetings to be
48 conducted electronically; creating s. 721.131, F.S.;
49 authorizing a managing entity to take certain actions
50 before, during, or after an actual or anticipated
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51 emergency in certain circumstances and for certain
52 purposes; amending s. 721.55, F.S.; authorizing
53 component site information to be provided to
54 purchasers electronically; providing that a developer
55 is not required to file a separate public offering
56 statement for certain component sites; making
57 technical changes; amending s. 721.551, F.S.;
58 conforming a cross-reference and making technical
59 changes; amending s. 721.82, F.S.; revising the
60 definition of the term "permitted delivery service";
61 amending ss. 721.855 and 721.856, F.S.; revising an
62 obligor's rights to object to the trustee foreclosure
63 procedure; revising when certain notices are
64 considered perfected upon a trustee; revising delivery
65 methods for a certificate of sale; making technical
66 changes; conforming provisions to changes made by the
67 act; amending s. 721.86, F.S.; providing that certain
68 efforts to resolve a foreclosure are not required
69 under certain circumstances; reenacting ss.
70 721.09(1)(d) and 721.111(6), F.S., relating to
71 reservation agreements and escrows and prize and gift
72 promotional offers, respectively, to incorporate the
73 amendments made by the act; providing an effective
74 date.
75
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76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Subsection (6) of section 721.07, Florida
79 Statutes, is amended to read:
80 721.07 Public offering statement.—Prior to offering any
81 timeshare plan, the developer must submit a filed public
82 offering statement to the division for approval as prescribed by
83 s. 721.03, s. 721.55, or this section. Until the division
84 approves such filing, any contract regarding the sale of that
85 timeshare plan is subject to cancellation by the purchaser
86 pursuant to s. 721.10.
87 (6)(a) A developer may provide each purchaser with the
88 option to receive all or any portion of the approved public
89 offering statement electronically, including, but not limited
90 to, through a website or other Internet-based access, if the
91 developer discloses to the purchaser the system requirements
92 necessary to view the approved public offering statement.
93 (b) The division is authorized to prescribe by rule the
94 form of the approved purchaser public offering statement that
95 must be furnished by the developer to each purchaser and the
96 form on which a purchaser must select the manner in which he or
97 she wants the approved purchaser public offering statement
98 delivered. The form of the purchaser public offering statement
99 must provide fair, meaningful, and effective disclosure of all
100 aspects of the timeshare plan. The purchaser manner of delivery
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101 form must disclose the system requirements necessary to view the
102 approved public offering statement electronically and advise the
103 purchaser to not select an alternative method of receiving the
104 approved public offering statement unless he or she is able to
105 review the approved public offering statement before the
106 expiration of the 10-day cancellation period under s. 721.10.
107 (c) For timeshare plans filed under pursuant to this part,
108 the developer shall furnish each purchaser with the f ollowing,
109 which may be provided electronically, including, but not limited
110 to, through a website or other Internet-based access:
111 1.(a) A copy of the purchaser public offering statement
112 and a copy of the purchaser manner of delivery form text in the
113 form approved by the division for delivery to purchasers.
114 2.(b) Copies of the exhibits required to be filed with the
115 division under pursuant to subparagraphs (5)(ff)1., 2., 4., 5.,
116 8., and 20.
117 3.(c) A receipt for timeshare plan documents and a list
118 describing any exhibit to the filed public offering statement
119 filed with the division which is not delivered to the purchaser.
120 The division is authorized to prescribe by rule the form of the
121 receipt for timeshare plan documents and the description of
122 exhibits list that must be furnished to the purchaser. The
123 description of documents list utilized by a developer must shall
124 be filed with the division for review as part of the filed
125 public offering statement under pursuant to this section. The
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126 developer is shall be required to provide the managing entity
127 with a copy of the approved filed public offering statement and
128 any approved amendments thereto to be maintained by the managing
129 entity as part of the books and records of the timeshare plan
130 under pursuant to s. 721.13(3)(d).
131 4.(d) Any other exhibit that which the developer includes
132 as part of the purchaser public offering statement, provided
133 that the developer first files the exhibit with the division.
134 5.(e) An executed copy of any document that which the
135 purchaser signs.
136 6.(f) Each purchaser shall receive A fully executed paper
137 copy of the purchase contract.
138 Section 2. Section 721.075, Florida Statutes, is amended
139 to read:
140 721.075 Incidental benefits.—Incidental benefits may shall
141 be offered only as provided in this section.
142 (1) Accommodations, facilities, products, services,
143 discounts, or other benefits which satisfy the requirements of
144 this subsection are shall be subject to the provisions of this
145 section and exempt from the other provisions of this chapter
146 which would otherwise apply to such accommodations or facilities
147 if and only if:
148 (a) The use of or participation in the incidental benefit
149 by the prospective purchaser is completely voluntary, and
150 payment of any fee or other cost associated with the incidental
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151 benefit is required only upon such use or participation.
152 (b) The No costs of acquisition, operation, maintenance,
153 or repair of the incidental benefit may not be are passed on to
154 purchasers of the timeshare plan as common expenses of the
155 timeshare plan or as common expenses of a component site of a
156 multisite timeshare plan.
157 (c) The continued availability of the incidental benefit
158 is not necessary in order for any accommodation or facility of
159 the timeshare plan to be available for use by purchasers of the
160 timeshare plan in a manner consistent in all material respects
161 with the manner portrayed by any promotional material,
162 advertising, or purchaser public offering statement.
163 (d) The continued availability to purchasers of timeshare
164 plan accommodations on no greater than a one-to-one use right to
165 use night requirement ratio is not dependent upon continued
166 availability of the incidental benefit.
167 (e) The incidental benefit will continue to be available
168 in the manner represented to prospective purchasers for up to 3
169 years or less after the first date that the timeshare plan is
170 available for use by the purchaser. Nothing herein prevents
171 shall prevent the renewal or extension of the availability of an
172 incidental benefit.
173 (f) The aggregate represented value of all incidental
174 benefits offered by a developer to a purchaser may not exceed 15
175 percent of the purchase price paid by the purchaser for his or
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176 her timeshare interest.
177 (f)(g) The incidental benefit is filed with the division
178 for review in conjunction with the filing of a timeshare plan or
179 in connection with a previously filed timeshare plan.
180 (2) Each purchaser shall execute a separate acknowledgment
181 and disclosure statement with respect to all incidental
182 benefits, which statement must shall include the following
183 information:
184 (a) A fair description of the incidental benefit,
185 including, but not limited to, any user fees or costs associated
186 therewith and any restrictions upon use or availability.
187 (b) A statement that use of or participation in the
188 incidental benefit by the prospective purchaser is completely
189 voluntary, and that payment of any fee or other cost associated
190 with the incidental benefit is required only upon such use or
191 participation.
192 (c) A statement that the incidental benefit is not
193 assignable or otherwise transferable by the prospective
194 purchaser or purchaser without the approval of the provider of
195 the incidental benefit.
196 (d) The following disclosure in conspicuous type
197 immediately above the space for the purchaser's signature:
198
199 The incidental benefit[s] described in this statement is
200 [are] offered to prospective purchasers of the timeshare plan
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201 [or other permitted reference under pursuant to s.
202 721.11(5)(a)]. This [These] benefit[s] is [are] available for
203 your use for [some period up to 3 years or less] after the first
204 date that the timeshare plan is available for your use. The
205 availability of the incidental benefit[s] may or may not be
206 renewed or extended. You should not purchase an interest in the
207 timeshare plan in reliance upon the continued availability or
208 renewal or extension of this [these] benefit[s].
209 (e) A statement indicating the source of the services,
210 points, or other products that constitute the incidental
211 benefit.
212
213 The acknowledgment and disclosure statement for any incidental
214 benefit shall be filed with the division before prior to use.
215 Each purchaser must shall receive a copy of his or her executed
216 acknowledgment and disclosure statement as a document required
217 to be provided to him or her under pursuant to s. 721.10(1)(b).
218 (3)(a) In the event that an incidental benefit becomes
219 unavailable to purchasers in the manner represented by the
220 developer in the acknowledgment and disclosure statement, the
221 developer shall pay the purchaser the greater of twice the
222 verifiable retail value or twice the represented value of the
223 unavailable incidental benefit in cash within 30 days after of
224 the date that the unavailability of the incidental benefit was
225 made known to the developer, unless the developer has reserved a
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226 substitution right under pursuant to paragraph (b) and timely
227 makes the substitution as required by paragraph (b). The
228 developer shall promptly notify the division upon learning of
229 the unavailability of any incidental benefit.
230 (b) If an incidental benefit becomes unavailable as a
231 result of events beyond the control of the developer, the
232 developer may reserve the right to substitute a replacement
233 incidental benefit of a type, quality, value, and term
234 reasonably similar to the unavailable incidental benefit. If the
235 developer reserves the right to substitute, the acknowledgment
236 and disclosure statement required under pursuant to paragraph
237 (2)(a) must shall contain the following conspicuous disclosure:
238
239 In the event any incidental benefit described in this
240 statement becomes unavailable as a result of events beyond the
241 control of the developer, the developer reserves the right to
242 substitute a replacement incidental benefit of a type, quality,
243 value, and term reasonably similar to the unavailable incidental
244 benefit.
245
246 The substituted incidental benefit must shall be made available
247 delivered to the purchaser within 30 days after the date that
248 the unavailability of the incidental benefit was made known to
249 the developer.
250 (4) All purchaser remedies under pursuant to s. 721.21 are
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251 shall be available for any violation of the provisions of this
252 section.
253 Section 3. Subsections (2) and (3) of section 721.10,
254 Florida Statutes, are renumbered as subsections (3) and (4),
255 respectively, and subsection (1) of that section is amended to
256 read:
257 721.10 Cancellation.—
258 (1) A purchaser has the right to cancel the contract until
259 midnight on of the 10th calendar day after the later of
260 following whichever of the following days occurs later:
261 (a) The execution date of the contract; or
262 (b) The day on which the purchaser received the last of
263 all documents required to be provided to him or her, including
264 the notice required by s. 721.07(2)(d)2., if applicable.
265 (2) This right of cancellation may not be waived by any
266 purchaser or by any other person on behalf of the purchaser, and
267 any attempt to obtain a waiver of the cancellation right of the
268 purchaser is unlawful. If a purchaser waives, knowingly or
269 unknowingly, his or her right of cancellation and a closing
270 occurs, such closing is voidable at the option of the purchaser
271 for up to 1 year after the date that would have been the
272 expiration of the cancellation period under subsection (1).
273 Furthermore, a no closing may not occur until the cancellation
274 period of the timeshare purchaser has expired, and if a closing
275 occurs before the expiration of the cancellation period, . Any
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276 attempt to obtain a waiver of the cancellation right of the
277 timeshare purchaser, or to hold a closing prior to the
278 expiration of the cancellation period, is unlawful and such
279 closing is voidable at the option of the purchaser for up to 5
280 years after such closing a period of 1 year after the expiration
281 of the cancellation period. However, nothing in this section
282 precludes the execution of documents in advance of closing for
283 delivery after expiration of the cancellation period.
284 Section 4. Paragraphs (b) and (e) of subsection (6) of
285 section 721.11, Florida Statutes, are amended, and paragraph (i)
286 is added to subsection (2) of that section, to read:
287 721.11 Advertising materials; oral statements.—
288 (2) The term "advertising material" includes:
289 (i) Any message, text, picture, video, or other content
290 made available, delivered, or shared electronically through the
291 Internet or any other Internet-based access. However,
292 advertising material under this paragraph does not need to
293 contain the disclosures required under subsection (5) as long as
294 such disclosures are provided to the purchaser before the
295 purchaser takes any affirmative action pursuant to a promotion.
296 (6) Failure to provide cancellation rights or disclosures
297 as required by this subsection in connection with the sale of a
298 regulated short-term product constitutes misrepresentation in
299 accordance with paragraph (4)(a). Any agreement relating to the
300 sale of a regulated short-term product must be regulated as
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301 advertising material and is subject to the following:
302 (b) A purchaser of a regulated short-term product has the
303 right to cancel the agreement until midnight of the 10th
304 calendar day after following the execution date of the
305 agreement. The right of cancellation may not be waived by the
306 prospective purchaser or by any other person on behalf of the
307 prospective purchaser. Notice of cancellation must be given in
308 the same manner prescribed for giving notice of cancellation
309 under s. 721.10(3) s. 721.10(2). If the prospective purchaser
310 gives a valid notice of cancellation or is otherwise entitled to
311 cancel the sale, the funds or other property received f rom or on
312 behalf of the prospective purchaser, or the proceeds thereof,
313 must be returned to the prospective purchaser. Such refund must
314 be made in the same manner prescribed for refunds under s.
315 721.10.
316 (e) If the seller provides the purchaser with the right to
317 cancel the purchase of a regulated short-term product at any
318 time up to 7 days before prior to the purchaser's reserved use
319 of the accommodations, but in no event less than 10 days, and if
320 the seller refunds the total amount of all payments made by the
321 purchaser reduced by the proportion of any benefits the
322 purchaser has actually received before prior to the effective
323 date of the cancellation, the specific value of which has been
324 agreed to between the purchaser and the seller, the short-term
325 product offer is shall be exempt from the requirements of
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326 paragraphs (b), (c), and (d). An agreement relating to the sale
327 of the regulated short-term product made pursuant to this
328 paragraph must contain a statement setting forth the
329 cancellation and refund rights of the prospective purchaser in a
330 manner that is consistent with this section and s. 721.10,
331 including a description of the length of the cancellation right,
332 a statement that the purchaser's intent to cancel must be in
333 writing and sent to the seller at a specified address, a
334 statement that the notice of cancellation is effective upon the
335 date sent, and a statement that any attempt to waive the
336 cancellation right is unlawful. The right of cancellation
337 provided to the purchaser under pursuant to this paragraph may
338 not be waived by the prospective purchaser or by any other
339 person on behalf of the prospective purchaser. Notice of
340 cancellation must be given in the same manner prescribed for
341 giving notice of cancellation under s. 721.10(3) pursuant to s.
342 721.10(2). If the prospective purchaser gives a valid notice of
343 cancellation, or is otherwise entitled to cancel the sale, the
344 funds or other property received from or on behalf of the
345 prospective purchaser, or the proceeds thereof, shall be
346 returned to the prospective purchaser. Such refund shall be made
347 in the manner prescribed for refunds under s. 721.10.
348 Section 5. Section 721.125, Florida Statutes, is amended
349 to read:
350 721.125 Termination of timeshare plans.—
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351 (1) Unless the timeshare instrument provides otherwise,
352 the vote or written consent, or both, of 60 percent of all
353 voting interests in a timeshare plan may terminate the term of
354 the timeshare plan at any time. If a timeshare plan is
355 terminated under pursuant to this section, the termination has
356 immediate effect pursuant to applicable law and the timeshare
357 instrument as if the effective date of the termination were the
358 original date of termination.
359 (2) The board of administration of the owners' association
360 shall serve as termination trustee for the purposes of
361 implementing the termination of a timeshare plan, unless another
362 person is appointed as the termination trustee during the
363 termination of the timeshare plan under subsection (1) or by the
364 court. The termination trustee acts in a fiduciary capac ity to
365 the owners of timeshare interests in a timeshare plan. The
366 termination trustee has all other powers necessary to comply
367 with the requirements of this section.
368 (3) If a termination vote or the written consent under
369 pursuant to subsection (1) is proposed for a component site of a
370 multisite timeshare plan located in the this state, the proposed
371 termination is effective only if the person authorized to make
372 additions or substitutions of accommodations and facilities
373 pursuant to the timeshare instrument also approves the
374 termination.
375 (4)(a)(3)(a) If the timeshare property is managed by an
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376 owners' association that is separate from any underlying
377 condominium, cooperative, or homeowners' association, the
378 termination of a timeshare plan does not change the corporate
379 status of the owners' association. The owners' association may
380 continue continues to exist only for the purposes of concluding
381 its affairs, prosecuting and defending actions by or against it,
382 collecting and discharging obligations, disposing of and
383 conveying its property, collecting and dividing its assets, and
384 otherwise complying with this subsection.
385 1. After termination of a timeshare plan, the board of
386 administration of the owners' association shall serve as the
387 termination trustee, and in such fiduciary capacity may bring an
388 action in partition on behalf of the tenants in common in each
389 former timeshare property or sell the former timeshare property
390 in any manner and to any person who is approved by a majority of
391 all such tenants in common. The termination trustee also has all
392 other powers reasonably necessary to effect the partition or
393 sale of the former timeshare property, including the power to
394 maintain the property during the pendency of any partition
395 action or sale.
396 2. All reasonable expenses incurred by the termination
397 trustee relating to the performance of its duties pursu ant to
398 this subsection, including the reasonable fees of attorneys and
399 other professionals, must be paid by the tenants in common of
400 the former timeshare property subject to partition or sale,
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401 proportionate to their respective ownership interests.
402 3. The termination trustee shall adopt reasonable
403 procedures to implement the partition or sale of the former
404 timeshare property and comply with the requirements of this
405 subsection.
406 (b) If a timeshare plan is terminated in a timeshare
407 condominium or timeshare cooperative and the underlying
408 condominium or cooperative is not simultaneously terminated, a
409 majority of the tenants in common in each former timeshare unit
410 present and voting in person or by proxy at a meeting of such
411 tenants in common conducted by the termination trustee, or
412 conducted by the board of administration of the condominium or
413 cooperative association, if such association managed the former
414 timeshare property, shall designate a voting representative for
415 the unit and file a voting certificate with the condominium or
416 cooperative association. The voting representative may vote on
417 all matters at meetings of the condominium or cooperative
418 association, including termination of the condominium or
419 cooperative.
420 (c) After termination of a timeshare plan, the termination
421 trustee may bring an action in partition on behalf of the
422 tenants in common in each former timeshare property or sell the
423 former timeshare property in any manner and to any person who is
424 approved by a majority of all such tenants in common or the
425 voting representative, as applicable. The termination trustee
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426 has all other powers reasonably necessary to effect the
427 partition or sale of the former timeshare property, including
428 the power to maintain the property during the pendency of any
429 partition action or sale.
430 (d) All reasonable expenses incurred by the termination
431 trustee relating to the performance of his or her duties under
432 this subsection, including reasonable attorney fees or fees for
433 other professionals, must be paid by the tenants in common of
434 the former timeshare property subject to partition or sale,
435 proportionate to their respective ownership interests.
436 (e) The timeshare trustee shall adopt reasonable
437 procedures to implement the partition or sale of the former
438 timeshare property and to comply with the requirements of this
439 subsection.
440 (f) Any unpaid assessments, taxes, late fees, interest,
441 fines, charges, or other amounts due and owing to the managing
442 entity by an owner of a timeshare interest must be set off
443 against, and reduce the share of, the net proceeds from the
444 disposition of the timeshare property that are allocated to such
445 owner.
446 (g) If an owner of a timeshare interest or any other
447 person claiming an interest in such owner's allocated share of
448 the net proceeds from the disposition of the timeshare property
449 disputes the distribution of such proceeds, the termination
450 trustee may file an interpleader action in circuit court and
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451 deposit the disputed funds into the court registry, at which
452 time the timeshare property and the proceeds distributed
453 pursuant to a disposition of the timeshare property are free of
454 all claims and liens of the parties to the interpleader action.
455 (5)(4) This section applies only to all a timeshare plans
456 in the state that exist on or after July 1, 2022, provided that
457 the timeshare plan has existed that has been in existence for at
458 least 25 years as of the effective date of the termination of
459 the timeshare plan vote or consent required by subsection (1).
460 Section 6. Subsection (14) is added to section 721.13,
461 Florida Statutes, to read:
462 721.13 Management.—
463 (14) Notwithstanding any provision of chapter 718 or
464 chapter 719 to the contrary:
465 (a) A managing entity may not send notices that are
466 required to be delivered to an owner of a timeshare interest
467 pursuant to chapter 718, chapter 719, or this chapter to the
468 address of the owner's timeshare unit or the address of the
469 owner's timeshare plan.
470 (b) The board of administration or the members of an
471 owners' association may conduct board meetings or owners'
472 meetings electronically and without the need for the meeting to
473 be held at a physical location.
474 Section 7. Section 721.131, Florida Statutes, is created
475 to read:
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476 721.131 Managing entity emergency powers.—
477 (1) Notwithstanding any provision to the contrary in
478 chapter 718, chapter 719, or the timeshare instrument, to the
479 extent allowed by law and consistent with s. 617.0830, a
480 managing entity, including a board of administration for an
481 owners' association, in response to an actual or anticip ated
482 emergency, as defined in s. 252.34(4), including, but not
483 limited to, a state of emergency declared by the Governor
484 pursuant to s. 252.36, in the locale in which the accommodations
485 or facilities of a timeshare plan are located, may exercise the
486 following powers:
487 (a) Cancel and reschedule any board of administration
488 meetings or owners' meetings.
489 (b) Name as assistant officers persons who are not
490 directors of the owners' association. Assistant officers have
491 the same authority as the executive officers to whom they are
492 assisting during the state of emergency to accommodate the
493 incapacity or unavailability of any officer of the owners'
494 association.
495 (c) Temporarily relocate the managing entity's principal
496 office or designate alternative principal offices.
497 (d) Enter into agreements with counties and municipalities
498 to assist them with emergency matters.
499 (e) Implement an emergency plan that may include, but is
500 not limited to, shutting down or off elevators; electricity;
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501 water, sewer, or security systems; or air conditioners.
502 (f) Determine that all or any portion of the timeshare
503 property is unavailable for entry, use, or occupancy by the
504 owners or the owners' family members, tenants, guests, agents,
505 invitees, exchangers, or other occupants of the timeshare
506 property to protect the health, safety, or welfare of such
507 persons or to protect the accommodations or facilities of the
508 timeshare plan.
509 (g) Require the evacuation of the timeshare property and
510 provide notice of such evacuation to any owner or other occupant
511 located on the timeshare property. If any owner or other
512 occupant fails or refuses to evacuate the timeshare property
513 after the managing entity has required evacuation and provided
514 notice, the managing entity is immune from liability or injury
515 to persons or property arising from such failure or refusal.
516 (h) Determine whether all or a portion of the timeshare
517 property, including recreational and other accommodations or
518 facilities, may be safely used, inhabited, or occupied, and
519 whether all or a portion of such property needs to be closed for
520 a period of time. However, such determination is not conclusive
521 as to any determination of habitability pursuant to the
522 timeshare instrument.
523 (i) Mitigate further damage, including taking action to
524 contract for the removal of debris and to prevent or mitigate
525 the spread of fungus, including, but not limited to, mold or
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526 mildew, by removing and disposing of wet drywall, insulation,
527 carpet, cabinetry, or other fixtures on or within the timeshare
528 property.
529 (j) Regardless of any provision to the contrary and even
530 if such authority does not specifically appear in the timeshare
531 instrument, levy special assessments without a vote of the
532 owners.
533 (k) Without a vote of the owners, borrow money and pledge
534 managing entity assets as collateral to fund emergency actions
535 or repairs and carry out the duties of the managing entity when
536 operating funds are insufficient. This paragraph does not limit
537 the general authority of the managing entity to borrow money,
538 subject to such restrictions as are contained in the timeshare
539 instrument.
540 (l) Issue emergency rules and regulations, or temporarily
541 modify existing rules and regulations, regarding the operation
542 of the timeshare plan reservation system as required under ss.
543 721.13(3)(g) and 721.13(12)(a) or the multisite timeshare plan
544 reservation system as required under s. 721.56(6). This
545 authority includes issuing or modifying emergency rules and
546 regulations to add, modify, or suspend use rights to address the
547 loss of or restricted use of purchasers' timeshare interests as
548 a result of the emergency or to comply with federal, state, or
549 local orders. For this limited purpose, enforcement of the one-
550 to-one use right to use night requirement ratio as defined in s.
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551 721.05(25) may be suspended, and any subsequent imbalance with
552 respect to the one-to-one use right to use night requirement
553 ratio that results because of the implementation of an emergency
554 rule or regulation is not a violation of this chapter.
555 (m) Notwithstanding s. 721.13(3)(c)2., transfer funds in
556 any deferred maintenance or capital expenditure reserve account
557 to any operating account without the consent of a majority of
558 the purchasers of the timeshare plan.
559 (n) Take any other actions as reasonably necessary to
560 protect the health, safety, and welfare of the owners and the
561 owners' family members, tenants, guests, agents, invitees,
562 exchangers, and other occupants or the timeshare property.
563 (2) The special powers authorized under subsection (1) may
564 be exercised before, during, or after the actual or anticipated
565 emergency but are limited to the time and scope reasonably
566 necessary to:
567 (a) Protect the health, safety, and welfare of the owners
568 and the owners' family members, tenants, guests, agents,
569 invitees, exchangers, and other occupants.
570 (b) Protect the timeshare property.
571 (c) Mitigate or avoid harm, injury, or damage to persons
572 or property.
573 (d) Take emergency actions or make emergency repairs.
574 Section 8. Paragraph (l) of subsection (4) and paragraph
575 (l) of subsection (7) of section 721.55, Florida Statutes, are
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576 amended to read:
577 721.55 Multisite timeshare plan public offering
578 statement.—Each filed public offering statement for a multisite
579 timeshare plan shall contain the information required by this
580 section and shall comply with the provisions of s. 721.07,
581 except as otherwise provided therein. The division is authorized
582 to provide by rule the method by which a developer must provide
583 such information to the division. Each multisite timeshare plan
584 filed public offering statement shall contain the following
585 information and disclosures:
586 (4) A text, which shall include, where applicable, the
587 information and disclosures set forth in paragraphs (a) -(l).
588 (l) A description of each component site, which
589 description may be disclosed in a written, graphic, tabular, or
590 other form approved by the division or provided to the purchaser
591 electronically, including, but not limited to, through a website
592 or other Internet-based access. The description of each
593 component site must shall include all of the following
594 information:
595 1. The name and address of each component site.
596 2. The number of accommodations, timeshare interests, and
597 timeshare periods, expressed in periods of 7-day use
598 availability, committed to the multisite timeshare plan and
599 available for use by purchasers.
600 3. Each type of accommodation in terms of the number of
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601 bedrooms, bathrooms, sleeping capacity, and whether or not the
602 accommodation contains a full kitchen. As used in For purposes
603 of this subparagraph description, the term "full kitchen" means
604 a full kitchen shall mean a kitchen with at least having a
605 minimum of a dishwasher, range, sink, oven, and refrigerator.
606 4. A description of facilities available for use by the
607 purchaser at each component site, including the following:
608 a. The intended use of the facility, if not apparent from
609 the description.
610 b. Any user fees associated with a purchaser's use of the
611 facility.
612 5. A cross-reference to the location in the public
613 offering statement of the description of any priority
614 reservation features which may affect a purchaser's ability to
615 obtain a reservation in the component site.
616 (7) The following documents shall be included as exhibits
617 to the filed public offering statement, if applicable:
618 (l)1. If the multisite timeshare plan contains any
619 component sites located in the this state, the information
620 required by s. 721.07(5) pertaining to each such component site ,
621 unless exempt under pursuant to s. 721.03.
622 2. If the purchaser will receive an interest in a specific
623 multisite timeshare plan component site located outside of the
624 this state but which is offered in the this state, the
625 information required by s. 721.07(5) pertaining to that
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626 component site., provided, However, for purposes of this
627 paragraph, that the provisions of s. 721.07(5)(t) shall only
628 requires require disclosure of information related to the
629 estimated budget for the timeshare plan and purchaser's expenses
630 as required by the jurisdiction in which the component site is
631 located.
632
633 A developer is not required to file a separate public offering
634 statement for any component site located within or outside the
635 state in order to include the component site in the multisite
636 timeshare plan.
637 Section 9. Paragraph (c) of subsection (2) of section
638 721.551, Florida Statutes, is amended to read:
639 721.551 Delivery of multisite timeshare plan purchaser
640 public offering statement.—
641 (2) The developer shall furnish each purchaser with the
642 following:
643 (c) If the purchaser will receive an interest in a
644 specific multisite timeshare plan component site located in the
645 this state, the developer must shall also furnish the purchaser
646 with the information required to be delivered under s.
647 721.07(6)(c)1. and 2. pursuant to s. 721.07(6)(a) and (b) for
648 that component site.
649 Section 10. Subsection (11) of section 721.82, Florida
650 Statutes, is amended to read:
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651 721.82 Definitions.—As used in this part, the term:
652 (11) "Permitted delivery service" means delivery to an e-
653 mail address, if provided by the obligor, with evidence that the
654 lienholder received the e-mail. Permitted delivery service is
655 only authorized for obligors who reside outside the United
656 States any nationally recognized common carrier delivery
657 service, international airmail service that allows for return
658 receipt service, or a service recognized by an international
659 jurisdiction as the equivalent of certified, registered mail for
660 that jurisdiction.
661 Section 11. Paragraph (a) of subsection (3), paragraphs
662 (a) and (b) of subsection (5), paragraph (b) of sub section (6),
663 paragraph (f) of subsection (7), and paragraph (b) of subsection
664 (14) of section 721.855, Florida Statutes, are amended to read:
665 721.855 Procedure for the trustee foreclosure of
666 assessment liens.—The provisions of this section establish a
667 trustee foreclosure procedure for assessment liens.
668 (3) OBLIGOR'S RIGHTS.—
669 (a) The obligor may object to the lienholder's use of the
670 trustee foreclosure procedure for a specific default within 30
671 days after receipt of the notice required under subsection (5)
672 any time before the sale of the timeshare interest under
673 subsection (7) by delivering a written objection to the trustee
674 using the objection form provided for in subsection (5). If the
675 trustee receives the written objection from the obligor, the
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676 trustee may not proceed with the trustee foreclosure procedure
677 as to the default specified in the notice of default and intent
678 to foreclose under subsection (5), and the lienholder may
679 proceed thereafter only with a judicial foreclosure action as to
680 that specified default.
681 (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
682 (a) In any foreclosure proceeding under this section, the
683 trustee is required to notify the obligor of the proceeding by
684 sending the obligor a written notice of default and intent to
685 foreclose to the notice address of the obligor by certified
686 mail, registered mail, or permitted delivery service, return
687 receipt requested, and by first-class mail, postage prepaid, as
688 follows:
689 1. The notice of default and intent to foreclose must
690 shall identify the obligor, the notice address of the obligor,
691 the legal description of the timeshare interest, the nature of
692 the default, the amounts secured by the lien, and a per diem
693 amount to account for further accrual of the amounts secured by
694 the lien and must shall state the method by which the obligor
695 may cure the default, including the period of time after the
696 date of the notice of default and intent to foreclose within
697 which the obligor may cure the default.
698 2. The notice of default and intent to foreclose must
699 shall include an objection form with which the obligor can
700 object to the use of the trustee foreclosure procedure by
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701 signing and returning the objection form to the trustee. The
702 objection form must shall identify the obligor, the notice
703 address of the obligor, the timeshare interest, and the return
704 address of the trustee and must shall state: "The undersigned
705 obligor exercises the obligor's right to object to the use of
706 the trustee foreclosure procedure contained in section 721.855,
707 Florida Statutes."
708 3. The notice of default and intent to foreclose must
709 shall also contain a statement in substantially the following
710 form:
711 If you fail to cure the default as set forth in this notice or
712 take other appropriate action with regard to this foreclosur e
713 matter, you risk losing ownership of your timeshare interest
714 through the trustee foreclosure procedure established in section
715 721.855, Florida Statutes. You may choose to sign and send to
716 the trustee, within 30 days after receipt of this notice, the
717 enclosed objection form, exercising your right to object to the
718 use of the trustee foreclosure procedure. Upon the trustee's
719 receipt of your signed objection form, the foreclosure of the
720 lien with respect to the default specified in this notice is
721 shall be subject to the judicial foreclosure procedure only. You
722 have the right to cure your default in the manner set forth in
723 this notice at any time before the trustee's sale of your
724 timeshare interest. If you do not object to the use of the
725 trustee foreclosure procedure, you will not be subject to a
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726 deficiency judgment even if the proceeds from the sale of your
727 timeshare interest are insufficient to offset the amounts
728 secured by the lien.
729 4. The trustee must shall also mail a copy of the notice
730 of default and intent to foreclose, without the objection form,
731 to the notice address of any junior interestholder by certified
732 mail, registered mail, or permitted delivery service, return
733 receipt requested, and by first-class mail, postage prepaid.
734 5. Notice under this paragraph is considered perfected
735 upon the trustee receiving the return receipt bearing the
736 signature of the obligor or junior interestholder, as
737 applicable, within 30 calendar days after the trustee sent the
738 notice under this paragraph. Notice under this paragraph is not
739 perfected if:
740 a. The notice is returned as undeliverable within 30
741 calendar days after the trustee sent the notice;
742 b. The trustee cannot, in good faith, ascertain that the
743 obligor or junior interestholder, as applicable, is the person
744 who signed the receipt because all or a portion of the obligor's
745 or junior interestholder's name is not on the signed receipt or
746 because the trustee cannot otherwise determine that the obligor
747 or junior interestholder signed the receipt; or
748 b.c. The receipt from the obligor or junior
749 interestholder, as applicable, is returned or refused within 30
750 calendar days after the trustee sent the notice.
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751 (b) If the notice required by paragraph (a) is returned as
752 undeliverable within 30 calendar days after the trustee sent the
753 notice, the trustee must shall perform a diligent search and
754 inquiry to obtain a different address for the obligor or junior
755 interestholder. For purposes of this paragraph, any address
756 known and used by the lienholder for sending regular mailings or
757 other communications from the lienholder to the obligor or
758 junior interestholder, as applicable, must shall be included
759 with other addresses produced from the diligent search and
760 inquiry, if any.
761 1. If the trustee's diligent search and inquiry produces
762 an address different from the notice address, the trustee must
763 shall mail a copy of the notice by certified mail, registered
764 mail, or permitted delivery service, return receipt requested,
765 and by first-class mail, postage prepaid, to the new address.
766 Notice under this subparagraph is considered perfected upon the
767 trustee receiving the return receipt bearing the signature of
768 the obligor or junior interestholder, as applicable, within 30
769 calendar days after the trustee sent the notice under this
770 subparagraph. Notice under this subparagraph is not perfected if
771 the receipt from the obligor or junior interestholder, as
772 applicable, is refused or, returned, or the trustee cannot, in
773 good faith, ascertain that the obligor or junior interestholder,
774 as applicable, is the person who signed the receipt because all
775 or a portion of the obligor's or junior interestholder's name is
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776 not on the signed receipt or because the trustee cannot
777 otherwise determine that the obligor or junior interestholde r
778 signed the receipt. If the trustee does not perfect notice under
779 this subparagraph, the trustee must shall perfect service in the
780 manner set forth in paragraph (c).
781 2. If the trustee's diligent search and inquiry does not
782 locate a different address for the obligor or junior
783 interestholder, as applicable, the trustee may perfect notice
784 against that person under paragraph (c).
785 (6) NOTICE OF SALE.—
786 (b) The trustee must shall send a copy of the notice of
787 sale within 3 business days after the date it is submitted for
788 recording, by first-class mail or permitted delivery service, if
789 applicable, and first-class mail, postage prepaid, to the notice
790 addresses of the obligor and any junior interestholder.
791 (7) MANNER OF SALE.—
792 (f) On the date of the sale and upon receipt of the cash
793 or certified funds due from the highest bidder, the trustee
794 shall issue to the highest bidder a certificate of sale stating
795 that a foreclosure conforming to the requirements of this
796 section has occurred, including the time, location, and date of
797 the sale;, that the timeshare interest was sold;, the amounts
798 secured by the lien;, and the amount of the highest bid. A copy
799 of the certificate of sale must shall be mailed by certified
800 mail or, registered mail, or permitted delivery service, return
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801 receipt requested, or by permitted delivery service, if
802 applicable, and first-class mail, postage prepaid, to all
803 persons entitled to receive a notice of sale under subsection
804 (6).
805 (14) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
806 PROCEDURE.—
807 (b) Any trustee who intentionally violates the provisions
808 of this section concerning the trustee foreclosure procedure
809 commits a felony of the third degree, punishable as provided in
810 s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
811 ascertains that the obligor signed the return receipt as
812 required in subsection (5) does not violate this section if the
813 trustee made a good faith effort to properly ascertain that the
814 obligor signed the return receipt in accordance with subsection
815 (5).
816 Section 12. Paragraph (a) of subsection (3), paragraphs
817 (a) and (b) of subsection (5), paragraph (b) of subsection (6),
818 paragraph (f) of subsection (7), and paragraph (b) of subsection
819 (13) of section 721.856, Florida Statutes, are amended to read:
820 721.856 Procedure for the trustee foreclosure of mortgage
821 liens.—The provisions of this section establish a trustee
822 foreclosure procedure for mortgage liens.
823 (3) OBLIGOR'S RIGHTS.—
824 (a) The obligor may object to the lienholder's use of the
825 trustee foreclosure procedure for a specific default within 30
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826 days after receipt of the notice required under subsection (5)
827 any time before the sale of the timeshare interest under
828 subsection (7) by delivering a written objection to the trustee
829 using the objection form provided for in subsection (5). If the
830 trustee receives the written objection from the obligor, the
831 trustee may not proceed with the trustee foreclosure procedure
832 as to the default specified in the notice of default and intent
833 to foreclose under subsection (5), and the lienholder may
834 proceed thereafter only with a judicial foreclosure action as to
835 that specified default.
836 (5) NOTICE OF DEFAULT AND INTENT TO FORECLOSE.—
837 (a) In any foreclosure proceeding under this section, the
838 trustee is required to notify the obligor of the proceeding by
839 sending the obligor a written notice of default and intent to
840 foreclose to the notice address of the obligor by certified
841 mail, registered mail, or permitted delivery service, return
842 receipt requested, and by first-class mail, postage prepaid, as
843 follows:
844 1. The notice of default and intent to foreclose must
845 shall identify the obligor, the notice address of the obligor,
846 the legal description of the timeshare interest, the nature of
847 the default, the amounts secured by the lien, and a per diem
848 amount to account for further accrual of the amounts secured by
849 the lien and must shall state the method by which the obligor
850 may cure the default, including the period of time after the
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851 date of the notice of default and intent to foreclose within
852 which the obligor may cure the default.
853 2. The notice of default and intent to foreclose must
854 shall include an objection form with which the obligor can
855 object to the use of the trustee foreclosure procedure by
856 signing and returning the objection form to the trustee. The
857 objection form must shall identify the obligor, the notice
858 address of the obligor, the timeshare interest, and the return
859 address of the trustee and must shall state: "The undersigned
860 obligor exercises the obligor's right to object to the use of
861 the trustee foreclosure procedure contained in section 721.856,
862 Florida Statutes."
863 3. The notice of default and intent to foreclose must
864 shall also contain a statement in substantially the following
865 form:
866 If you fail to cure the default as set forth in this notice or
867 take other appropriate action with regard to this foreclosure
868 matter, you risk losing ownership of your timeshare interest
869 through the trustee foreclosure procedure established in section
870 721.856, Florida Statutes. You may choose to sign and send to
871 the trustee, within 30 days after receipt of this notice, the
872 enclosed objection form, exercising your right to object to the
873 use of the trustee foreclosure procedure. Upon the trustee's
874 receipt of your signed objection form, the foreclosure of the
875 lien with respect to the default specified in this notice is
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876 shall be subject to the judicial foreclosure procedure only. You
877 have the right to cure your default in the manner set forth in
878 this notice at any time before the trustee's sale of your
879 timeshare interest. If you do not object to the use of the
880 trustee foreclosure procedure, you will not be subject to a
881 deficiency judgment even if the proceeds from the sale of your
882 timeshare interest are insufficient to offset the amounts
883 secured by the lien.
884 4. The trustee must shall also mail a copy of the notice
885 of default and intent to foreclose, without the objection form,
886 to the notice address of any junior interestholder by certified
887 mail, registered mail, or permitted delivery service, return
888 receipt requested, and by first-class mail, postage prepaid.
889 5. Notice under this paragraph is considered perfected
890 upon the trustee receiving the return receipt bearing the
891 signature of the obligor or junior interestholder, as
892 applicable, within 30 calendar days after the trustee sent the
893 notice under this paragraph. Notice under this paragraph is not
894 perfected if:
895 a. The notice is returned as undeliverable within 30
896 calendar days after the trustee sent the notice;
897 b. The trustee cannot, in good faith, ascertain from the
898 receipt that the obligor or junior interestholder, as
899 applicable, is the person who signed the receipt because all or
900 a portion of the obligor's or junior interestholder's name is
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901 not on the signed receipt or the trustee cannot otherwise
902 determine that the obligor or junior interestholder signed the
903 receipt; or
904 b.c. The receipt from the obligor or junior
905 interestholder, as applicable, is returned or refused within 30
906 calendar days after the trustee sent the notice.
907 (b) If the notice required by paragraph (a) is returned as
908 undeliverable within 30 calendar days after the trustee sent the
909 notice, the trustee must shall perform a diligent search and
910 inquiry to obtain a different address for the obligor or junior
911 interestholder. For purposes of this paragraph, any address
912 known and used by the lienholder for sending regular mailings or
913 other communications from the lienholder to the obligor or
914 junior interestholder, as applicable, must shall be included
915 with other addresses produced from the diligent search and
916 inquiry, if any.
917 1. If the trustee's diligent search and inquiry produces
918 an address different from the notice address, the trustee must
919 shall mail a copy of the notice by certified mail, registered
920 mail, or permitted delivery service, return receipt requested,
921 and by first-class mail, postage prepaid, to the new address.
922 Notice under this subparagraph is considered perfected upon the
923 trustee receiving the return receipt bearing the signature of
924 the obligor or junior interestholder, as applicable, within 30
925 calendar days after the trustee sent the notice under this
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926 subparagraph. Notice under this subparagraph is not perfected if
927 the receipt from the obligor or junior interestholder is refused
928 or, returned, or the trustee cannot, in good faith, ascertain
929 that the obligor or junior interestholder, as applicable, is the
930 person who signed the receipt because all or a portion of the
931 obligor's or junior interestholder's name is not on the signed
932 receipt or because the trustee cannot otherwise determine that
933 the obligor or junior interestholder signed the receipt . If the
934 trustee does not perfect notice under this subparagraph, the
935 trustee must shall perfect service in the manner set forth in
936 paragraph (c).
937 2. If the trustee's diligent search and inquiry does not
938 locate a different address for the obligor or junior
939 interestholder, as applicable, the trustee may perfect notice
940 against that person under paragraph (c).
941 (6) NOTICE OF SALE.—
942 (b) The trustee must shall send a copy of the notice of
943 sale within 3 business days after the date it is submitted for
944 recording, by first-class mail or permitted delivery service, if
945 applicable, and first-class mail, postage prepaid, to the notice
946 addresses of the obligor and any junior interestholder.
947 (7) MANNER OF SALE.—
948 (f) On the date of the sale and upon receipt of the cash
949 or certified funds due from the highest bidder, the trustee
950 shall issue to the highest bidder a certificate of sale stating
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951 that a foreclosure conforming to the requirements of this
952 section has occurred, including the time, location, and date of
953 the sale;, that the timeshare interest was sold;, the amounts
954 secured by the lien;, and the amount of the highest bid. A copy
955 of the certificate of sale must shall be mailed by certified
956 mail or, registered mail, or permitted delivery service, return
957 receipt requested, or by permitted delivery service, if
958 applicable, and first class mail, postage prepaid, to all
959 persons entitled to receive a notice of sale under subsection
960 (6).
961 (13) ACTIONS FOR FAILURE TO FOLLOW THE TRUSTEE FORECLOSURE
962 PROCEDURE.—
963 (b) Any trustee who intentionally violates the provisions
964 of this section concerning the trustee foreclosure procedure
965 commits a felony of the third degree, punishable as provided in
966 s. 775.082, s. 775.083, or s. 775.084. A trustee who incorrectly
967 ascertains that the obligor signed the return receipt as
968 required in subsection (5) does not violate this section if the
969 trustee made a good faith effort to properly ascertain that it
970 is the obligor who signed the return receipt in accordance with
971 subsection (5).
972 Section 13. Subsection (5) is added to section 721.86,
973 Florida Statutes, to read:
974 721.86 Miscellaneous provisions.—
975 (5) Mediation, a settlement conference, or any other
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976 effort to resolve a foreclosure is not required once a default
977 in a judicial foreclosure of an assessment lien or mortgage lien
978 has been issued.
979 Section 14. For the purpose of incorporating the amendment
980 made by this act to section 721.11, Florida Statutes, in a
981 reference thereto, paragraph (d) of subsection (1) of section
982 721.09, Florida Statutes, is reenacted to read:
983 721.09 Reservation agreements; escrows.—
984 (1)
985 (d) A seller who has filed a reservation agreement and an
986 escrow agreement under this section may advertise the
987 reservation agreement program if the advertising material meets
988 the following requirements:
989 1. The seller complies with the provisions of s. 721.11
990 with respect to such advertising material.
991 2. The advertising material is limited to a general
992 description of the proposed timeshare plan, including, but not
993 limited to, a general description of the type, number, and size
994 of accommodations and facilities and the name of the proposed
995 timeshare plan.
996 3. The advertising material contains a statement that the
997 advertising material is being distributed in connection with an
998 approved reservation agreement filing only and that the seller
999 cannot offer an interest in the timeshare plan for sale until a
1000 filed public offering statement has been filed with the division
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1001 under this chapter.
1002 Section 15. For the purpose of incorporating the amendment
1003 made by this act to section 721.11, Florida Statutes, in a
1004 reference thereto, subsection (6) of section 721.111, Florida
1005 Statutes, is reenacted to read:
1006 721.111 Prize and gift promotional offers.—
1007 (6) All advertising material to be distributed in
1008 connection with a prize and gift promotional offer shall
1009 contain, in addition to the information required pursuant to the
1010 provisions of s. 721.11, the following disclosures:
1011 (a) A description of the prize, gift, or other item that
1012 the prospective purchaser will actually receive, including, if
1013 the price is in excess of $50, the manufacturer's suggested
1014 retail price or, if none is available, the verifiable retail
1015 value. If the value is $50 or less, the description shall
1016 contain a statement of such.
1017 (b) All rules, terms, requirements, and preconditions
1018 which must be fulfilled or met before a prospective purchaser
1019 may claim any prize, gift, or other item involved in the prize
1020 and gift promotional plan, including whether the prospective
1021 purchaser is required to attend a sales presentation in order to
1022 receive the prize, gift, or other item.
1023 (c) The date upon which the offer expires.
1024 (d) If the number of prizes, gifts, or other items to be
1025 awarded is limited, a statement of the number of items that will
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1026 be awarded.
1027 (e) The method by which prizes, gifts, or other item s are
1028 to be awarded.
1029 Section 16. This act shall take effect upon becoming a
1030 law.
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