reglab/housing_qa huggingface dataset:
FL Stat § 721.19 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.19 - Provisions requiring purchase or lease of timeshare property by owners’ association or purchasers; validity.

721.19 Provisions requiring purchase or lease of timeshare property by owners’ association or purchasers; validity.—In any timeshare plan in which timeshare estates or personal property timeshare interests are sold, no grant or reservation made by a declaration, lease, or other document, nor any contract made by the developer, managing entity, or owners’ association, which requires the owners’ association or purchasers to purchase or lease any portion of the timeshare property shall be valid unless approved by a majority of the purchasers other than the developer, after more than 50 percent of the timeshare periods have been sold.History.—s. 13, ch. 83-264; s. 27, ch. 2000-302; s. 18, ch. 2004-279.
FL Stat § 721.21 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.21 - Purchasers’ remedies.

721.21 Purchasers’ remedies.—An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any purchaser or owners’ association against the developer, a seller, an escrow agent, or the managing entity. The prevailing party in any such action, or in any action in which the purchaser claims a right of voidability based upon either a closing before the expiration of the cancellation period or an amendment which materially alters or modifies the offering in a manner adverse to the purchaser, may be entitled to reasonable attorney’s fees. Relief under this section does not exclude other remedies provided by law.History.—s. 1, ch. 81-172; s. 20, ch. 83-264; s. 29, ch. 2000-302.
FL Stat § 721.22 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.22 - Partition.

721.22 Partition.—(1) No action for partition of any timeshare unit shall lie, unless otherwise provided for in the contract between the seller and the purchaser.(2) If a timeshare estate exists as an estate for years with a future interest, the estate for years shall not be deemed to have merged with the future interest, but neither the estate for years nor the corresponding future interest shall be conveyed or encumbered separately from the other.History.—s. 1, ch. 81-172; s. 21, ch. 83-264.
FL Stat § 721.23 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.23 - Securities.

721.23 Securities.—Timeshare plans are not securities under the provisions of chapter 517 or its successor.History.—s. 1, ch. 81-172; s. 57, ch. 85-62.
FL Stat § 721.25 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.25 - Zoning and building.

721.25 Zoning and building.—All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to the nature and use of the real estate timeshare plan property, without regard to the form of ownership.History.—s. 1, ch. 81-172; s. 159, ch. 83-216; s. 58, ch. 85-62.
FL Stat § 721.265 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.265 - Service of process.

721.265 Service of process.—(1) In addition to the methods of service provided for in the Florida Rules of Civil Procedure and the Florida Statutes, service of process may be made by delivering a copy of the process to the director of the division, which shall be binding upon the defendant or respondent, if:(a) The plaintiff, which may be the division, immediately sends a copy of the process and the pleading by certified mail to the defendant or respondent at her or his last known address.(b) The plaintiff files an affidavit of compliance with this section on or before the return date of the process or within the time set by the court.(2) If any person, including any nonresident of this state, allegedly engages in conduct prohibited by this chapter, or by any rule or order of the division, and has not filed a consent to service of process, and personal jurisdiction over her or him cannot otherwise be obtained in this state, the director shall be authorized to receive service of process in any noncriminal proceeding against that person or her or his successor which grows out of the conduct and which is brought under this chapter or any rule or order of the division. The process shall have the same force and validity as if personally served. Notice shall be given as provided in subsection (1).(3) In addition to any means recognized by law, substituted service of process on timeshare purchasers in receivership proceedings may be made in accordance with s. 721.85(1).History.—s. 16, ch. 95-274; s. 904, ch. 97-102; s. 12, ch. 98-36.
FL Stat § 721.27 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.27 - Annual fee for each timeshare unit in plan.

721.27 Annual fee for each timeshare unit in plan.—On January 1 of each year, each managing entity of a timeshare plan located in this state shall collect as a common expense and pay to the division an annual fee of $2 for each 7 days of annual use availability that exist within the timeshare plan at that time, subject to any limitations on the amount of such annual fee pursuant to s. 721.58. If any portion of the annual fee is not paid by March 1, the managing entity may be assessed a penalty pursuant to s. 721.26.History.—s. 1, ch. 81-172; s. 23, ch. 83-264; s. 10, ch. 91-236; s. 11, ch. 93-58; s. 17, ch. 95-274; s. 32, ch. 2000-302.
FL Stat § 721.28 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.28 - Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.

721.28 Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund.—All funds collected by the division and any amounts paid as fees or penalties under this chapter shall be deposited in the State Treasury to the credit of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund created by s. 718.509.History.—s. 1, ch. 81-172; s. 22, ch. 83-339; s. 24, ch. 87-102; s. 69, ch. 2008-240.
FL Stat § 721.29 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.29 - Recording.

721.29 Recording.—If any timeshare plan accommodations or facilities are located in any jurisdiction that does not have recording laws or will not record any document or instrument required to be recorded pursuant to this chapter, the division shall have the discretion to accept an alternative method of protecting purchasers’ rights that will be effective under the laws of that other jurisdiction.History.—s. 33, ch. 2000-302.
FL Stat § 721.301 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.301 - Florida Timesharing, Vacation Club, and Hospitality Program.

721.301 Florida Timesharing, Vacation Club, and Hospitality Program.—(1)(a) There is established the Florida Timesharing, Vacation Club, and Hospitality Program. The primary purpose of this program is to provide the opportunity for a public-private partnership between the state and the timeshare, vacation club, hospitality, and tourism industries affecting this state.(b) In conducting the program, the director, or the director’s designee, shall:1. Solicit research and educational projects and proposals from the timeshare, vacation club, hospitality, and tourism industries;2. Consult with the Florida chapter of the American Resort Development Association (ARDA-Florida), the Chancellor of the State University System, or the chancellor’s designee; and3. Assist in the preparation of appropriate reports produced by the program partnership.(c) The director may designate funds from the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund, not to exceed $50,000 annually, to support the projects and proposals undertaken pursuant to paragraph (b). All state trust funds to be expended pursuant to this section must be matched equally with private moneys and shall comprise no more than half of the total moneys expended annually.(2) The division is authorized to adopt, amend, and repeal rules prescribing criteria for processing and approval of project applications.History.—s. 28, ch. 95-274; s. 13, ch. 97-93; s. 905, ch. 97-102; s. 72, ch. 99-5; s. 70, ch. 2008-240.
FL Stat § 721.32 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part I - Vacation Plans and Timesharing (Ss. 721.01-721.32)|721.32 - Effect of ch. 2000-302.

721.32 Effect of ch. 2000-302.—This act shall take effect June 15, 2000; however, all documents filed and approved in accordance with this chapter prior to June 15, 2000, or any amendments to such documents made subsequent to June 15, 2000, that are otherwise in compliance with this chapter prior to June 15, 2000, shall be deemed to be in compliance with the filing requirements of this chapter.History.—s. 64, ch. 2000-302.
FL Stat § 721.50 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part II - Vacation Clubs (Ss. 721.50-721.58)|721.50 - Short title.

721.50 Short title.—This part may be cited as the “McAllister Act” in recognition and appreciation for the years of extraordinary and insightful contributions by Mr. Bryan C. McAllister, Examinations Supervisor of the former Division of Florida Land Sales, Condominiums, and Mobile Homes.History.—s. 12, ch. 93-58; s. 33, ch. 95-274; s. 71, ch. 2008-240.
FL Stat § 721.51 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part II - Vacation Clubs (Ss. 721.50-721.58)|721.51 - Legislative purpose; scope.

721.51 Legislative purpose; scope.—(1) The purpose of this part is to advance the purposes of this chapter as set forth in s. 721.02 with respect to multisite vacation and timeshare plans, also known as vacation clubs.(2) All multisite timeshare plans shall be governed by both part I and this part except where otherwise provided in this part. In the event of a conflict between the provisions of part I and this part, the provisions of this part shall prevail.History.—s. 12, ch. 93-58; s. 18, ch. 95-274; s. 34, ch. 2000-302.
FL Stat § 721.551 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part II - Vacation Clubs (Ss. 721.50-721.58)|721.551 - Delivery of multisite timeshare plan purchaser public offering statement.

721.551 Delivery of multisite timeshare plan purchaser public offering statement.—(1) The division is authorized to prescribe by rule the form of the approved multisite timeshare plan public offering statement that must be furnished by a seller to each purchaser pursuant to this section. The form of the public offering statement that is furnished to purchasers must provide fair, meaningful, and effective disclosure of all aspects of the multisite timeshare plan.(2) The developer shall furnish each purchaser with the following:(a) A copy of the approved multisite timeshare plan public offering statement text containing the information required by s. 721.55(1)-(6).(b) A receipt for multisite timeshare plan documents and a list describing any exhibit to the filed public offering statement which is not delivered to the purchaser. The division is authorized to prescribe by rule the form of the receipt for multisite timeshare plan documents and the description of exhibits list that must be furnished to the purchaser pursuant to this section.(c) If the purchaser will receive an interest in a specific multisite timeshare plan component site located in this state, the developer shall also furnish the purchaser with the information required to be delivered pursuant to s. 721.07(6)(a) and (b) for that component site.(d) Any other exhibit that the developer elects to include as part of the purchaser public offering statement, provided that the developer first files the exhibit with the division.(e) An executed copy of any document which the purchaser signs.(f) The developer shall be required to provide the managing entity of the multisite timeshare plan with a copy of the approved filed public offering statement and any approved amendments thereto to be maintained by the managing entity as part of the books and records of the timeshare plan pursuant to s. 721.13(3)(d).History.—s. 23, ch. 95-274; s. 38, ch. 2000-302; s. 26, ch. 2004-279; s. 10, ch. 2015-144.
FL Stat § 721.57 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part II - Vacation Clubs (Ss. 721.50-721.58)|721.57 - Offering of timeshare estates in specific multisite timeshare plans; required provisions in the timeshare instrument.

721.57 Offering of timeshare estates in specific multisite timeshare plans; required provisions in the timeshare instrument.—(1) In addition to meeting all the requirements of part I, timeshare estates offered in a specific multisite timeshare plan must meet the requirements of subsection (2). Any offering of timeshare estates in a specific multisite timeshare plan that does not comply with these requirements shall be deemed to be an offering of a timeshare license.(2) The timeshare instrument of a specific multisite timeshare plan in which timeshare estates are offered must contain or provide for all of the following matters:(a) The purchaser will receive a timeshare estate as defined in s. 721.05 in one of the component sites of the specific multisite timeshare plan. The use rights in the other component sites of the multisite timeshare plan shall be made available to the purchaser through the reservation system pursuant to the timeshare instrument.(b) In the event that the reservation system is terminated or otherwise becomes unavailable for any reason prior to the expiration of the term of the specific multisite timeshare plan:1. The purchaser will be able to continue to use the accommodations and facilities of the component site in which she or he has been conveyed a timeshare estate in the manner described in the timeshare instrument for that component site for the remaining term of the timeshare estate; and2. Any use rights in that component site which had previously been made available through the reservation system to purchasers of the specific multisite timeshare plan who were not offered a timeshare estate at that component site will terminate when the reservation system is terminated or otherwise becomes unavailable for any reason.History.—s. 12, ch. 93-58; s. 911, ch. 97-102; s. 29, ch. 2004-279; s. 13, ch. 2015-144.
FL Stat § 721.58 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part II - Vacation Clubs (Ss. 721.50-721.58)|721.58 - Filing fee; annual fee.

721.58 Filing fee; annual fee.—(1) The developer of the multisite timeshare plan shall pay the filing fee required by s. 721.07(4)(a); however, the maximum amount of such filing fee shall be $25,000 or the total filing fee due with respect to the timeshare units in the multisite timeshare plan that are located in this state pursuant to s. 721.07(4)(a), whichever is greater.(2) The managing entity of the multisite timeshare plan shall pay the annual fee required by s. 721.27; provided, however, that the maximum amount of such annual fee shall be $25,000 or the total annual fee due with respect to the timeshare units in the multisite timeshare plan that are located in this state calculated pursuant to s. 721.07(4)(a), whichever is greater.History.—s. 12, ch. 93-58.
FL Stat § 721.80 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86)|721.80 - Short title.

721.80 Short title.—This part may be cited as the “Timeshare Lien Foreclosure Act.”History.—s. 13, ch. 98-36.
FL Stat § 721.81 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86)|721.81 - Legislative purpose.

721.81 Legislative purpose.—The purposes of this part are to:(1) Recognize that timeshare interests are used for vacation experience rather than for homestead or investment purposes and that there are numerous timeshare interests in this state.(2) Recognize that the economic health and efficient operation of the vacation ownership industry are in part dependent upon the availability of an efficient and economical process for all timeshare interest foreclosures.(3) Recognize the need to assist both owners’ associations and mortgagees by simplifying and expediting the process for the judicial and trustee foreclosure of assessment liens and mortgage liens against timeshare interests.(4) Improve judicial economy and reduce court congestion and the cost to taxpayers by establishing streamlined procedures for the judicial and trustee foreclosure of assessment liens and mortgage liens against timeshare interests.(5) Recognize that nearly all timeshare interest foreclosures are uncontested.(6) Protect the ability of consumers who own timeshare interests located in this state to choose a judicial proceeding for the foreclosure of an assessment lien or a mortgage lien against their timeshare interest.(7) Recognize that the use of the trustee foreclosure procedure established under ss. 721.855 and 721.856 shall have the same force and effect as the use of the judicial foreclosure procedure against a timeshare interest with respect to the provisions of this chapter or any other applicable law. However, obligors shall not be subject to a deficiency judgment even if the proceeds from the sale of the timeshare interest are insufficient to offset the amounts secured by the lien.History.—s. 13, ch. 98-36; s. 42, ch. 2000-302; s. 5, ch. 2010-134.
FL Stat § 721.83 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86)|721.83 - Consolidation of judicial foreclosure actions.

721.83 Consolidation of judicial foreclosure actions.—(1) A complaint in a foreclosure proceeding involving timeshare interests may join in the same action multiple defendant obligors and junior interestholders of separate timeshare interests, provided:(a) The foreclosure proceeding involves a single timeshare property.(b) The foreclosure proceeding is filed by a single plaintiff.(c) The default and remedy provisions in the written instruments on which the foreclosure proceeding is based are substantially the same for each defendant.(d) The nature of the defaults alleged is the same for each defendant.(e) No more than 15 timeshare interests, without regard to the number of defendants, are joined within the same consolidated foreclosure action.(2) In any foreclosure proceeding involving multiple defendants filed under subsection (1), the court shall sever for separate trial any count of the complaint in which a defense or counterclaim is timely raised by a defendant.(3) A consolidated timeshare foreclosure action shall be considered a single action, suit, or proceeding for the payment of filing fees and service charges pursuant to general law. In addition to the payment of such filing fees and service charges, an additional filing fee of up to $10, from which the clerk shall remit $5 to the Department of Revenue for deposit into the General Revenue Fund, for each timeshare interest joined in that action shall be paid to the clerk of court.History.—s. 13, ch. 98-36; s. 112, ch. 2003-402; s. 74, ch. 2004-265; s. 39, ch. 2008-111; s. 7, ch. 2010-134; s. 25, ch. 2019-58.
FL Stat § 721.85 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86)|721.85 - Service to notice address or on registered agent.

721.85 Service to notice address or on registered agent.—(1) Service of process for a foreclosure proceeding involving a timeshare interest may be made by any means recognized by law. In addition, substituted service on an obligor who has appointed a registered agent under s. 721.84 may be made on such registered agent at the registered office. Also, when using s. 48.194 where in rem or quasi in rem relief only is sought, such service of process provisions are modified in connection with a foreclosure proceeding against a timeshare interest to provide that:(a) Such service of process may be made on any person whether the person is located inside or outside this state, by certified mail, registered mail, or permitted delivery service, return receipt requested, addressed to the person to be served at the notice address, or on the person’s registered agent duly appointed under s. 721.84, at the registered office; and(b) Service shall be considered obtained upon the signing of the return receipt by any person at the notice address, or by the registered agent.(2) The current owner and the mortgagor of a timeshare interest must promptly notify the owners’ association and the mortgagee of any change of address.(3) Substituted notice under s. 721.855 or s. 721.856 for any party who has appointed a registered agent under s. 721.84 may be made on such registered agent at the registered office.History.—s. 13, ch. 98-36; s. 45, ch. 2000-302; s. 8, ch. 2010-134.
FL Stat § 721.8561 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 721 - Vacation and Timeshare Plans|Part III - Foreclosure of Liens on Timeshare Interests (Ss. 721.80-721.86)|721.8561 - Administrative fee.

721.8561 Administrative fee.—An administrative fee of $50 per trustee deed for each deed recorded pursuant to the trustee foreclosure procedures set forth in ss. 721.855 and 721.856 shall be paid and remitted at the same time and in the same manner as documentary stamp taxes imposed pursuant to s. 201.02. Revenues from such fees shall be remitted to the Department of Revenue in the same manner as documentary stamp taxes and deposited in the State Courts Revenue Trust Fund.History.—s. 13, ch. 2010-134.