The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 192
TAXATION: GENERAL PROVISIONS

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F.S. 192.037

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 Condominiums, Timeshares, 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; s. 11, ch. 2008-240.

F.S. 192.037 on Google Scholar

F.S. 192.037 on Casetext

Amendments to 192.037

Arrestable Offenses / Crimes under Fla. Stat. 192.037

Level: Degree
Misdemeanor/Felony: First/Second/Third

S192.037 6f - EMBEZZLE - FAIL TO ESTABLISH OR USE ESCROW ACCOUNT - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

LUKE INVESTMENTS, INC. v. CAMELOT CONDOMINIUM OWNERS ASSOCIATION, INC. UNIT OWNERS OF CAMELOT, a, 974 So. 2d 433 (Fla. Dist. Ct. App. 2007)

. . . Pursuant to section 192.037(1), Florida Statutes (2006), the Pi-nellas County tax collector considered . . . Section 192.037(9) states: All provisions of law relating to enforcement and collection of delinquent . . . Section 192.037(9) begins with the recognition that the owners’ association is treated as the agent for . . . Luke Investments argues that section 192.037(9) is satisfied by providing the owners’ association with . . . Since section 197.502(4)(a) requires that the notice be given to the “titleholder” and section 192.037 . . .

P. CASON, v. FLORIDA DEPARTMENT OF MANAGEMENT SERVICES,, 944 So. 2d 306 (Fla. 2006)

. . . issue in Markham but noted that we had previously rejected similar challenges to the statute, section 192.037 . . .

GILREATH, Jr. v. WESTGATE DAYTONA, LTD., 871 So. 2d 961 (Fla. Dist. Ct. App. 2004)

. . . The Legislature has enacted section 192.037, Florida Statutes, which governs how timeshare property is . . . Requirement That Timeshare Estates Be Assessed Pursuant To Section ■192.037, Florida Statutes Counties . . . property shall be assessed for purposes of ad valorem taxes and special assessments as provided in s. 192.037 . . . Section 192.037, Florida Statutes, states in pertinent part: (10) In making his or her assessment of . . . percent of the original purchase price; provided, however, such presumption shall be rebuttable. § 192.037 . . .

OCEAN RESORT HOMEOWNERS ASSOCIATION, INC. a v. F. KNIGHT, J. Co. n k a B M Co., 633 So. 2d 63 (Fla. Dist. Ct. App. 1994)

. . . would run directly counter to the policy and practice of single project taxation required by section 192.037 . . . ability to make a “partial” redemption does not apply to time-share collections made pursuant to section 192.037 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE RE SENTENCING GUIDELINES, 628 So. 2d 1084 (Fla. 1993)

. . . Category 6: Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- SENTENCING GUIDELINES RULES, 613 So. 2d 1307 (Fla. 1993)

. . . . * * * * * * Category 6: Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, . . . Fraudulent Practices Chapter 831 — Forgery and Counterfeiting Chapter 832 — Worthless Checks Section 192.037 . . .

SOUTHARDS v. MOTEL MANAGEMENT COMPANY, n k a B M a F. J., 610 So. 2d 524 (Fla. Dist. Ct. App. 1992)

. . . The plaintiffs contend that Section 192.037(2), (7), Florida Statutes (1991) is unconstitutional as applied . . . First, Section 192.037, Florida Statutes (1991), has been held facially constitutional as against an . . . The legislative objective in enacting Section 192.037, F.S., was to address the unique problem caused . . . See Section 192.037(8), F.S. . . . This payment in no way violates Section 192.037(7), Florida Statutes (1991), and therefore does not, . . . Resorts, Ltd., 521 So.2d 1064 (Fla.1988), which holds that section 192.037, Florida Statutes (1991), . . . proceeded to apply a “rational legislative basis test” in upholding the facial validity of section 192.037 . . . The purpose of section 192.037 is to minimize the burden that time-share ownership creates for tax collectors . . . To the extent section 192.037(7) compels the extinguishment of property rights in a time-share condominium . . . Section 192.037(7) provides: "The tax collector shall accept only full payment of the taxes and special . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 606 So. 2d 227 (Fla. 1992)

. . . Category 6: Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142 . . .

MARKHAM, v. NEPTUNE HOLLYWOOD BEACH CLUB,, 527 So. 2d 814 (Fla. 1988)

. . . projects whose condominiums were assessed for ad valorem taxes for the year 1983 pursuant to section 192.037 . . . complaint challenging the validity of a 1983 assessment of timeshare property made pursuant to section 192.037 . . . We have recently upheld the constitutionality of § 192.037, Fla.Stat. (1983) in Day v. . . . Petitioner Markham argues that respondents lack standing to challenge the constitutionality of section 192.037 . . . Assuming arguendo that the contested assessments were not made pursuant to section 192.037, this fact . . .

SPANISH RIVER RESORT CORPORATION, v. WALKER, C., 526 So. 2d 677 (Fla. 1988)

. . . Using the market approach to value, the property appraiser valued the time-share units under section 192.037 . . . In expressly declaring section 192.037 constitutional on both due process and equal protection grounds . . . ARE WE CORRECT IN UPHOLDING THE CONSTITUTIONALITY OF SECTION 192.037, FLORIDA STATUTES (1983)? . . .

OYSTER POINTE RESORT CONDOMINIUM ASSOC. INC. v. C. NOLTE, OYSTER BAY II OWNERS ASSOC. INC. v. C. NOLTE, DRIFTWOOD MANAGEMENT CO. INC. v. C. NOLTE,, 524 So. 2d 415 (Fla. 1988)

. . . decisions of the Fourth District Court of Appeal, 497 So.2d 740 and 1306 (1986), declaring section 192.037 . . . The property appraiser based his actions on his interpretation of section 192.037(2), Florida Statutes . . . We found section 192.037 constitutional on both due process and equal protection grounds. . . . In the second sentence of section 192.037(2), the word “value” is used in the singular. . . . : Section 192.037(2) must be read in pari materia with all of the other subsections in section 192.037 . . .

DAY, v. HIGH POINT CONDOMINIUM RESORTS, LTD., 521 So. 2d 1064 (Fla. 1988)

. . . Day, 494 So.2d 508 (5th DCA 1986), holding unconstitutional section 192.037, Florida Statutes (1985), . . . The issue requiring discussion is whether section 192.037 is facially unconstitutional on due process . . . being listed as taxpayers on the ad valorem tax assessment roll and from paying them own taxes, section 192.037 . . . Further, section 192.037(4) expressly provides that each time-share owner, as the owner of an undivided . . . legislative basis to support the provisions for collection of ad valorem taxes contained in section 192.037 . . .

DRIFTWOOD MANAGEMENT COMPANY, INC. a a a a a J. a v. C. NOLTE, E., 497 So. 2d 740 (Fla. Dist. Ct. App. 1986)

. . . We acknowledge that by our ruling we are expressly approving the constitutional validity of Section 192.037 . . .

SPANISH RIVER RESORT CORPORATION, a a a v. WALKER, C. a, 497 So. 2d 1299 (Fla. Dist. Ct. App. 1986)

. . . Section 192.037(2) must be read in pari materia with all of the other subsections in section 192.037, . . . The Court finds that section 192.037, Florida Statutes, is constitutional in all respects. . . . Accordingly, the Court finds Section 192.037, Florida Statutes constitutional in all respects. 11. . . . Day, 494 So.2d 508 (Fla. 5th DCA 1986), holding that section 192.037 is unconstitutional. . . . ARE WE CORRECT IN UPHOLDING THE CONSTITUTIONALITY OF SECTION 192.037? AFFIRMED. . . .

OYSTER POINTE RESORT CONDOMINIUM ASSOCIATION, INC. a a J. Jr. a v. C. NOLTE, E. OYSTER BAY II OWNERS ASSOCIATION, INC. a a a v. C. NOLTE, E., 497 So. 2d 1306 (Fla. Dist. Ct. App. 1986)

. . . We acknowledge that by our ruling we are expressly approving the constitutional validity of section 192.037 . . . effect to the express language of section 193.011(8) Florida Statutes (1983), as he did to section 192.037 . . .

HIGH POINT CONDOMINIUM RESORTS, LTD. v. DAY,, 494 So. 2d 508 (Fla. Dist. Ct. App. 1986)

. . . This is a case questioning the constitutionality of section 192.037, Florida Statutes, which sets out . . . Section 192.037(2), Florida Statutes, provides that fee time-share real property be listed on the county . . . Section 192.037(1), Florida Statutes, purports to designate the managing entity responsible for operating . . . Appellants contend that section 192.037, Florida Statutes, is unconstitutional on two grounds — first . . . This statute solves none of the problems created by section 192.037. . . .

S. HAUSMAN, v. VTSI, INC., 482 So. 2d 428 (Fla. Dist. Ct. App. 1985)

. . . . § 192.037(2), Fla.Stat. (1983). . . .

GULFSIDE INTERVAL VACATIONS, INC. v. J. SCHULTZ, O., 479 So. 2d 776 (Fla. Dist. Ct. App. 1985)

. . . The appellees assessed the condominium for ad valorem taxes for the year 1983 pursuant to section 192.037 . . . Count 2 sought a declaratory decree passing upon the constitutionality of section 192.037. . . .

NEPTUNE HOLLYWOOD BEACH CLUB, INC. a a a v. MARKHAM,, 473 So. 2d 691 (Fla. Dist. Ct. App. 1985)

. . . trial court dismissed with prejudice plaintiffs’ complaint challenging the constitutionality of section 192.037 . . . the taxes due from all of the individual time-share units in their developments pursuant to section 192.037 . . .