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Section
1. Subsection (2) of section 190.009, Florida
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Statutes, is amended to read:
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190.009 Disclosure
of public financing.--
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(2) The
Division of Florida Land Sales, Condominiums,
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Homeowners'
Associations, and Mobile Homes of the Department of
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Business and Professional Regulation
shall ensure that
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disclosures made by developers
pursuant to chapter 498 meet the
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requirements of subsection (1).
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Section
4. Section 190.048, Florida Statutes, is amended
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to read:
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190.048 Sale
of real estate within a district; required
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disclosure to purchaser.--
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(1)(a) Subsequent
to the establishment of a district under
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this chapter, each contract for the
initial sale of a parcel of
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real property and each contract for
the initial sale of a
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residential unit within the district
shall include as a separate
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addendum to
the contract, immediately prior to the space
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reserved in the contract for the
signature of the purchaser, the
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following disclosure statement in
boldfaced and conspicuous type
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which is larger than the type in the
remaining text of the
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contract: "THE (Name
of District) COMMUNITY DEVELOPMENT
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DISTRICT MAY IMPOSE AND LEVY TAXES OR
ASSESSMENTS, OR BOTH TAXES
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AND ASSESSMENTS, ON THIS PROPERTY.
THESE TAXES AND ASSESSMENTS
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PAY THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF
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CERTAIN PUBLIC FACILITIES AND SERVICES
OF THE DISTRICT AND ARE
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SET ANNUALLY BY THE GOVERNING BOARD OF
THE DISTRICT. THESE TAXES
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AND ASSESSMENTS ARE IN ADDITION TO
COUNTY AND OTHER LOCAL
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GOVERNMENTAL TAXES AND ASSESSMENTS AND
ALL OTHER TAXES AND
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ASSESSMENTS PROVIDED FOR BY LAW."
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(b) The
disclosure statement in paragraph (a) shall also provide
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complete
copies of all
covenants and restrictions to which the
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property is
subject. This addendum shall disclose any existing
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agreement between a
developer and any other party that obligates
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the
purchaser of the
unit to additional taxes, assessments, or fees
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within 10 years
following the sale of the unit. Such disclosure
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shall provide a
reasonable estimate of the first 3 years for
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each tax,
assessment, or fee. Any significantly under funded or
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unfunded liabilities of a CDD which potentially may become the
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responsibility of the CDD residents within in the next ten (10)
years
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must be identified, explained and disclosed.
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Such disclosure shall be provided to the purchaser
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within 10 days
before the execution of the sales contract;
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Otherwise, the contract may be voided at the election
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of the purchaser
and any deposits shall be returned in full.
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However, such
disclosure may be provided to the purchaser
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10 days
before the execution of the sales contract if the
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closing date has
been extended by an additional 10 days.
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(2)(a) Failure
to provide the disclosure statement as
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required in
subsection (1) shall constitute a rebuttable
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presumption of willful noncompliance with subsection
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(1) and shall
result in a fine of $2,500 for each violation, up
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to a maximum of
$10,000, payable to the prospective buyer, and
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shall include
reasonable attorney's fees and collection costs,
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due 30 days after
the execution or voiding of the sales
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contract.
It shall be the responsibility of the seller and all
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agents and brokers involved with the transaction to provide
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these disclosure statements to the buyer,
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(b) The
developer and sales agent shall submit an annual
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report to the
Department of Community Affairs that certifies
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compliance with
this section and payment of any related fines
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and criminal
penalties for such noncompliance as may be passed
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by the Legislature.
Failure by the developer or sales agent to
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provide an annual
report shall result in a $50,000 fine payable
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to the department.
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Section
2. Section 190.0485, Florida Statutes, is amended
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to read:
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190.0485 Notice
of establishment.--Within 30 days after
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the effective date of a rule or
ordinance establishing a
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community development district under
this act, the district
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shall cause to be recorded in the
property records in the county
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in which it is located a "Notice
of Establishment of the
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__________ Community Development
District." The notice shall, at
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a minimum, include the legal
description of the district and a
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copy of the disclosure statement
specified in s. 190.048(1)(a).
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