192.037 Fee timeshare real property; taxes and
assessments; escrow. ---
(1) For the purposes of ad valorem taxation and special
assessments, the managing entity responsible for operating and maintaining fee
timeshare real property shall be considered the taxpayer as an agent of the
timeshare period titleholder.
(2) Fee timeshare real property shall be listed on the assessment
rolls as a single entry for each timeshare development. The assessed value of
each timeshare development shall be the value of the combined individual
timeshare periods or timeshare estates contained therein.
(3) The property appraiser shall annually notify the managing
entity of the proportions to be used in allocating the valuation, taxes, and
special assessments on timeshare property among the various timeshare periods.
Such notice shall be provided on or before the mailing of notices pursuant to
s. 194.011. Ad valorem taxes and special assessments shall be allocated by
the managing entity based upon the proportions provided by the property
appraiser pursuant to this subsection.
(4) All rights and privileges afforded property owners by chapter
194 with respect to contesting or appealing assessments shall apply both to
the managing entity responsible for operating and maintaining the timesharing
plan and to each person having a fee interest in a timeshare unit or timeshare
period.
(5) The managing entity, as an agent of the timeshare period
titleholders, shall collect and remit the taxes and special assessments due on
the fee timeshare real property. In allocating taxes, special assessments,
and common expenses to individual timeshare period titleholders, the managing
entity must clearly label the portion of any amounts due which are
attributable to ad valorem taxes and special assessments.
(6)
(a) Funds received by a managing entity or its successors or assigns
from timeshare titleholders for ad valorem taxes or special assessments shall
be placed in escrow as provided in this section for release as provided
herein.
(b) If the managing entity is a condominium association subject to
the provisions of chapter 718 or a cooperative association subject to the
provisions of chapter 719, the control of which has been turned over to owners
other than the developer, the escrow account must be maintained by the
association; otherwise, the escrow account must be placed with an independent
escrow agent, who shall comply with the provisions of chapter 721 relating to
escrow agents.
(c) The principal of such escrow account shall be paid only to the
tax collector of the county in which the timeshare development is located or
to his or her deputy.
(d) Interest earned upon any sum of money placed in escrow under the
provisions of this section shall be paid to the managing entity or its
successors or assigns for the benefit of the owners of timeshare units;
however, no interest may be paid unless all taxes on the timeshare development
have been paid.
(e) On or before May 1 of each year, a statement of receipts and
disbursements of the escrow account must be filed with the Division of Florida
Land Sales, Condominiums, and Mobile Homes of the Department of Business and
Professional Regulation, which may enforce this paragraph pursuant to s.
721.26. This statement must appropriately show the amount of principal and
interest in such account.
(f) Any managing entity or escrow agent who intentionally fails to
comply with this subsection concerning the establishment of an escrow account,
deposits of funds into escrow, and withdrawal therefrom is guilty of a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. The failure to establish an escrow account or to place funds therein
as required in this section is prima facie evidence of an intentional
violation of this section.
(7) The tax collector shall accept only full payment of the taxes
and special assessments due on the timeshare development.
(8) The managing entity shall have a lien pursuant to s. 718.121
or s. 721.16 on the timeshare periods for the taxes and special
assessments.
(9) All provisions of law relating to enforcement and collection
of delinquent taxes shall be administered with respect to the timeshare
development as a whole and the managing entity as an agent of the timeshare
period titleholders; if, however, an application is made pursuant to s.
197.502, the timeshare period titleholders shall receive the protections
afforded by chapter 197.
(10) In making his or her assessment of timeshare real property,
the property appraiser shall look first to the resale market.
(11) If there is an inadequate number of resales to provide a
basis for arriving at value conclusions, then the property appraiser shall
deduct from the original purchase price "usual and reasonable fees and
costs of the sale." For purposes of this subsection, "usual and
reasonable fees and costs of the sale" for timeshare real property shall
include all marketing costs, atypical financing costs, and those costs
attributable to the right of a timeshare unit owner or user to participate in
an exchange network of resorts. For timeshare real property, such "usual
and reasonable fees and costs of the sale" shall be presumed to be 50 percent
of the original purchase price; provided, however, such presumption shall be
rebuttable.
(12) Subsections (10) and (11) apply to fee and non-fee timeshare
real property.
History: s. 54, ch. 82-226; s. 28, ch. 83-264; s. 204, ch. 85-342; s. 1, ch.
86-300; s. 15, ch. 88-216; s. 12, ch. 91-236; s. 10, ch. 94-218; s. 1462, ch.
95-147.