HB 429 2024
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hb0429-00
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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
A bill to be entitled 1
An act relating to timeshare properties; amending s. 2
721.13, F.S.; broadening the powers of certain boards 3
of administration with respect to timeshare plans; 4
providing that managers and managing entities of 5
certain timeshare projects have the same rights and 6
remedies as operators of certain establishments and 7
may have law enforcement take certain actions against 8
individuals who engage in certain conduct; amendi ng s. 9
721.15, F.S.; requiring a managing entity of a 10
timeshare condominium or timeshare cooperative to 11
provide a specified certificate to certain interested 12
parties in lieu of an estoppel certificate; providing 13
an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Subsection (8) of section 721.13, Florida 18
Statutes, is amended, and subsection (14) is added to that 19
section, to read: 20
721.13 Management.— 21
(8) Notwithstanding anything to the contrary in s. 22
718.110, s. 718.113, s. 718.114, or s. 719.1055, the board of 23
administration of any owners' association that operates a 24
timeshare plan including a timeshare condominium pursuant to s. 25
HB 429 2024
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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
718.111, or a timeshare cooperative pursuant to s. 719.104, 26
shall have the power to make material alterations or substantial 27
additions, or any deletion, to the accommodations or facilities 28
of such timeshare plan condominium or timeshare cooperative 29
without the approval of the members of the owners' association. 30
However, if the timeshar e condominium or timeshare cooperative 31
contains any residential units that are not subject to the 32
timeshare plan, such action by the board of administration must 33
be approved by a majority of the owners of such residential 34
units. Unless otherwise provided i n the timeshare instrument as 35
originally recorded, no such amendment may change the 36
configuration or size of any accommodation in any material 37
fashion, or change the proportion or percentage by which a 38
member of the owners' association shares the common ex penses, 39
unless the record owners of the affected units or timeshare 40
interests and all record owners of liens on the affected units 41
or timeshare interests join in the execution of the amendment. 42
(14) With regard to any timeshare project as defined in s. 43
509.242(1)(g), the managing entity or manager has all of the 44
rights and remedies of an operator of any public lodging 45
establishment or public food service establishment as set forth 46
in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to 47
have a law enforcement officer take any action, including arrest 48
or removal from the timeshare property, against any purchaser, 49
including a deeded owner, or guest or invitee of such purchaser 50
HB 429 2024
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hb0429-00
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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
or owner who engages in conduct described in s. 509.141, s. 51
509.142, s. 509.143, or s. 509.162 or conduct in violation of 52
the timeshare instrument. 53
Section 2. Paragraph (b) of subsection (7) of section 54
721.15, Florida Statutes, is amended to read: 55
721.15 Assessments for common expenses. — 56
(7) 57
(b) Within 30 days after rec eiving a written request from 58
a timeshare interest owner, an agent designated in writing by 59
the timeshare interest owner, or a person providing resale 60
transfer services for a consumer timeshare reseller pursuant to 61
s. 721.17(3), a managing entity must prov ide a certificate, 62
signed by an officer or agent of the managing entity, to the 63
person requesting the certificate, that states the amount of any 64
assessment, transfer fee, or other moneys currently owed to the 65
managing entity, and of any assessment, transfe r fee, or other 66
moneys approved by the managing entity that will be due within 67
the next 90 days, with respect to the designated consumer resale 68
timeshare interest, as well as any information contained in the 69
books and records of the timeshare plan regardin g the legal 70
description and use plan related to the designated consumer 71
resale timeshare interest. The managing entity of a timeshare 72
condominium or timeshare cooperative must provide this 73
certificate in lieu of the estoppel certificate required by s. 74
718.116(8) or s. 719.108(6). 75
HB 429 2024
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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
1. A person who relies upon such certificate shall be 76
protected thereby. 77
2. A summary proceeding pursuant to s. 51.011 may be 78
brought to compel compliance with this paragraph, and in such an 79
action the prevailing party may reco ver reasonable attorney fees 80
and court costs. 81
3. The managing entity may charge a fee not to exceed $150 82
for the preparation and delivery of the certificate. The amount 83
of the fee must be included on the certificate. 84
Section 3. This act shall take ef fect July 1, 2024. 85