Senate Bill 1638 (2021) — Condominium Fraud Investigation Pilot Program
SB 1638
Florida Bills
Florida Senate - 2021 SB By Senator Rodriguez 39-01708A-21 20211638__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to the Condominium Fraud Investigation Pilot Program; creating s. 718.13, F.S.; creating the pilot program within the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation; 6 providing a purpose for the pilot program; requiring the division to hire certain individuals for purposes of the pilot program; requiring complaints submitted to the department which allege condominium fraud or corruption in any of three specified counties to be reviewed by the division; providing powers to the division relating to the pilot program; requiring the division to refer certain cases for prosecution; 14 requiring that the pilot program be funded from the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund; providing for future expiration of the pilot program; providing an effective date. 19
Be It Enacted by the Legislature of the State of Florida: 21
Section
Section 718.13, Florida Statutes, is created to read: 24 718.13 The Condominium Fraud Investigation Pilot Program.— 25
(1) The Condominium Fraud Investigation Pilot Program is created within the division. The purpose of the pilot program is to facilitate the division’s investigation of condominium-28 related fraud and corruption in Broward County, Miami-Dade Florida Senate - 2021 SB 1638 39-01708A-21 20211638__ CODING: Words stricken are deletions; words underlined are additions. County, and Monroe County. The division shall hire three financial investigators, five investigators with previous law enforcement experience, and three clerical employees for the purposes of the pilot program. 33
(2) Any complaint submitted to the department which alleges condominium fraud or corruption in Broward County, Miami-Dade County, or Monroe County must be reviewed under the pilot program to determine whether further investigation is needed and criminal prosecution is warranted. The division has the power to subpoena, audit, and investigate for the purposes of the pilot program. The division may administer oaths, subpoena witnesses, 40 and compel the production of books, papers, or other records relevant to the purposes of the pilot program.
If, after reviewing a complaint under the pilot program, the division finds sufficient evidence for criminal prosecution, it must refer the case to the appropriate state attorney for prosecution. 46
(3) The pilot program must be funded from available funds of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. 49
(4) This
section expires July 1, 2026. 50