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RESOLUTION URGING THE FLORIDA LEGISLATURE TO STRENGTHEN CONDOMINIUM ASSOCIATION LAWS TO PREVENT FRAUD AND MALFEASANCE AND TO ALLOCATE ADDITIONAL FUNDING AND POWERS TO THE FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION RELATED TO CONDOMINIUM ASSOCIATIONS

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WHEREAS, condominium fraud is an increasingly prevalent form of crime in today�s society, and a rapidly rising problem in Miami-Dade County, causing a significant impact on the public welfare; and
WHEREAS, reports of such systemic condominium fraud in South Florida have included falsification of voter signatures, electoral fraud, and fraudulent contract awards; and
WHEREAS, this criminal activity has risen to the level of creating a threat to the welfare of all residents, affecting the social and economic quality of life of County residents and individuals throughout South Florida; and
WHEREAS, law enforcement agencies are currently restricted in the manner and means by which they can access financial, election, and other records of a condominium association, whether stored at the condominium or a condominium management company, namely limited to consent, subpoena, or search warrant; and
WHEREAS, law enforcement agencies are currently restricted with respect to certain methods of prosecution regarding forgery or uttering a forged instrument because election ballots for condominium board electors are not specifically identified within the applicable statutes, Sections 831.01 and 831.02, Florida Statutes; and
WHEREAS, increased access to condominium associations� financial records would enable law enforcement agencies to more timely and effectively investigate allegations raised by association members; and
WHEREAS, in addition to increasing criminal activity, other improprieties such as irregular bid processes, conflicts of interest, and financial malfeasance are increasingly prevalent, thereby jeopardizing the financial health and security of condominium associations, and diminishing the confidence of the condominium members and prospective buyers; and
WHEREAS, state legislation is required in order to strengthen the rights of condominium owners, increase penalties for condominium fraud, and to provide additional means to more effectively prevent, combat and eliminate condominium association fraud, including the expansion of criminal statutes; and
WHEREAS, Senator Gary M. Farmer, Jr. (D � Fort Lauderdale) and Representative Joseph Geller (D � Dania Beach) have filed legislation for consideration during the 2017 session to reform state law governing condominium complexes to combat condominium fraud; and
WHEREAS, it is anticipated that Senator Rene Garcia (R � Hialeah), Senator Jose Javier Rodriguez (D - Miami), and Representative Jose Felix Diaz (R � Miami), who is currently chair of the Miami-Dade State Legislative Delegation, will file such legislation as well; and
WHEREAS, this Board would like to encourage and support such legislation to protect the economic and social welfare of the residents in Miami-Dade County; and
WHEREAS, the Division of Florida Condominiums, Timeshares, and Mobile Homes within the Florida Department of Business and Professional Regulation (�DBPR�) is the entity responsible for enforcing the provisions of Chapter 718, Florida Statutes, relating to condominiums, and in particular, condominium board of director election irregularities; and
WHEREAS, providing additional funding to DBPR would increase the Department�s ability to adequately address, monitor, and enforce such provisions; and
WHEREAS, the Board desires to urge the Florida Legislature to allocate funding to DBPR to increase its manpower and resources in its efforts to prevent and minimize and condominium fraud, and to increase the scope of the DBPR�s powers,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to strengthen laws against condominium association fraud by strengthening the rights of condominium owners and providing additional means to more effectively prevent, combat and eliminate condominium association fraud, such as increased penalties, stricter reporting requirements, expansion of criminal statutes such as forgery, and providing a means for law enforcement agencies to access and inspect the books and records of condominium associations, whether stored at the condominium or management company offices, upon request and without requirement of consent, subpoena or search warrant.
Section 2. Urges the Florida Legislature to allocate additional funding to DBPR and to expand the scope of the agency�s powers, such as supervision over condominium management companies.
Section 3. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, Senator Gary M. Farmer, Jr, Senator Rene Garcia, Senator Jose Javier Rodriguez, Representative Jose Felix Diaz, Representative Joseph Geller, and the remaining Members of the Miami-Dade County State Legislative Delegation.

Section 4. Directs the County�s state lobbyists to advocate for the passage of the legislation set forth herein or similar legislation, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2017 State Legislative Package to include this item.