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THERE MAY BE LOTS OF NEW SHERIFFS IN TOWN IF THIS BILL PASSES
By
Eric Glazer, Esq.
Published January 17, 2022
Senator Anna Maria Rodriguez filed our mandatory condo education
bill in Florida’s Senate. But if you think she’s done trying to
change additional condominium laws, you would be very wrong.
She also filed Senate Bill 274 which creates the Condominium
Fraud Investigation Pilot Program.
According to the bill itself, the purpose of the program is to
investigate condominium-related fraud and corruption in Broward,
Miami-Dade, and Monroe Counties. The DBPR may contract with a
private entity that employs retired law enforcement officers who
have subject matter expertise in financial fraud to achieve the
purpose of the program. The DBPR shall hire five law enforcement
officers to carry out the purpose of the program. If the DBPR
does not contract with a private entity, the DBPR must hire
three financial investigators, five investigators with previous
law enforcement experience, and three clerical employees to
staff the program.
A person may submit a complaint to the Office of the Condominium
Ombudsman. The ombudsman shall review all complaints submitted
to the office and determine which complaints to forward to the
DBPR for additional analysis and investigation under the
program. If a complaint submitted to the office does not contain
allegations of fraud or corruption, the ombudsman must forward
the complaint to the Division of Florida Condominiums,
Timeshares, and Mobile Homes.
The DBPR has the power to subpoena, audit, and investigate for
the purposes of the program. The DBPR may administer oaths,
subpoena witnesses, and compel the production of books, papers,
or other records relevant to investigations it conducts. If,
after reviewing a complaint under the program, the DBPR finds
sufficient evidence for criminal prosecution, it must refer the
case to the appropriate state attorney for prosecution.
The program must be funded annually from the Division of Florida
Condominiums, Timeshares, and Mobile Homes Trust Fund with funds
specifically appropriated in the General Appropriations Act.
This section is repealed October 2, 2027, unless reviewed and
saved from repeal through reenactment by the Legislature.
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About
HOA & Condo Blog
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Eric Glazer graduated
from the University of Miami School of Law in 1992 after
receiving a B.A. from NYU. He has practiced community
association law for three decades and is the owner of
Glazer and Sachs, P.A. a five attorney law firm with
offices in Fort Lauderdale and Orlando.
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Eric is Board Certified by The Florida Bar in
Condominium and Planned Development Law.
Since 2009, Eric has been the host of Condo Craze
and HOAs, a weekly one hour radio show that airs at 11:00 a.m.
each Sunday on 850 WFTL.
See:
www.condocrazeandhoas.com.
Eric is the first attorney in the State of
Florida that designed a course that certifies condominium and
HOA residents as eligible to serve on a Board of Directors and
has now certified more than 20,000 Floridians all across the
state. He is certified as a Circuit Court Mediator by The
Florida Supreme Court and has mediated dozens of disputes
between associations and unit owners. Eric also devotes
significant time to advancing legislation in the best interest
of Florida community association members.
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