Florida Statute 192.037 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 192
TAXATION: GENERAL PROVISIONS

View Entire Chapter

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 Citing Statute 192.037

Total Results: 20

Luke Investments v. Camelot Condominium

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-27T23:53:00-08:00

Citation: 974 So. 2d 433

Snippet: 900 timeshare period units. Pursuant to section 192.037(1), Florida Statutes (2006), the Pinellas County…individual titleholders prior to the sale. Section 192.037(9) states: All provisions of law relating to enforcement…titleholders must be provided notice. We agree. Section 192.037(9) begins with the recognition that the owners&…197." Luke Investments argues that section 192.037(9) is satisfied by providing the owners' association… titleholder of record." Although section 192.037(1) designates the Association as the "taxpayer

Cason v. FLORIDA DEPT. OF MANAGEMENT SERVS.

Court: Fla. | Date Filed: 2006-11-16T00:00:00-08:00

Citation: 944 So. 2d 306

Snippet: rejected similar challenges to the statute, section 192.037, Florida Statutes (1983). 527 So.2d at 814 n. 1

Gilreath v. Westgate Daytona, Ltd.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-04-01T23:53:00-08:00

Citation: 871 So. 2d 961

Snippet: special assessments as provided in s. 192.037." Section 192.037, Florida Statutes, states in pertinent…year 1999. The Legislature has enacted section 192.037, Florida Statutes, which governs how timeshare …Timeshare Estates Be Assessed Pursuant To Section 192.037, Florida Statutes Counties do not possess inherent…however, such presumption shall be rebuttable. § 192.037(10)-(11), Fla. Stat. (2002). We conclude that the

Ocean 80 Resort Homeowners Ass'n v. Knight

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-15T00:00:00-08:00

Citation: 633 So. 2d 63, 1994 Fla. App. LEXIS 954, 1994 WL 45348

Snippet: of single project taxation required by section 192.037, Florida Statutes (1991) and upheld in Southards…time-share collections made pursuant to section 192.037, Florida Statutes. Accordingly, we affirm the denial

Amendments to Florida Rules of Criminal Procedure re Sentencing Guidelines

Court: Fla. | Date Filed: 1993-11-30T00:00:00-08:00

Citation: 628 So. 2d 1084, 18 Fla. L. Weekly Supp. 617, 1993 Fla. LEXIS 1928, 1993 WL 490876

Snippet: . 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

Court: Fla. | Date Filed: 1993-02-11T00:00:00-08:00

Citation: 613 So. 2d 1307, 18 Fla. L. Weekly Supp. 113, 1993 Fla. LEXIS 172, 1993 WL 32299

Snippet: * Category 6: Thefts, forgery, fraud: Sections 192.037 and 206.56, chapters 322 and 409, section 370.142…Counterfeiting Chapter 832 — Worthless Checks Section 192.037 — Escrow Accounts Section 206.56 — Theft of State

Southards v. Motel Management Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-12-01T00:00:00-08:00

Citation: 610 So. 2d 524, 1992 Fla. App. LEXIS 12063, 1992 WL 353411

Snippet: who have not paid. See Section 192.037(8), F.S. Further, Section 192.-037(4), F.S., preserves all the rights…Management Company. The plaintiffs contend that Section 192.037(2), (7), Florida Statutes (1991) is unconstitutional…Resort. We cannot agree and affirm. First, Section 192.037, Florida Statutes (1991), has been held facially… The legislative objective in enacting Section 192.037, F.S., was to address the unique problem caused…each time-share fee owner; and finally, Section 192.037(9), F.S., gives time-share unit owners all of the

In Re Amend. to Fla. Rules of Cr. Proc.

Court: Fla. | Date Filed: 1992-09-24T00:53:00-07:00

Citation: 606 So. 2d 227

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

In re Amendments to Florida Rules of Criminal Procedure-sentencing Guidelines (rules 3.701 & 3.988)

Court: Fla. | Date Filed: 1991-11-07T00:00:00-08:00

Citation: 589 So. 2d 271, 16 Fla. L. Weekly Supp. 725, 1991 Fla. LEXIS 1914, 1991 WL 236191

Snippet: ) Category 6: Thefts, forgery, fraud: Sections 192,037 and 206.56, Cchapters 322 and 409, section 370.142

Ago

Court: Fla. Att'y Gen. | Date Filed: 1990-08-24T00:53:00-07:00

Snippet: s. 197.373, F.S., is not applicable. See, ss. 192.037(7) and 197.373(4), F.S., respectively. 9 Section

Markham v. Neptune Hollywood Beach Club

Court: Fla. | Date Filed: 1988-07-07T00:00:00-07:00

Citation: 527 So. 2d 814

Snippet: valorem taxes for the year 1983 pursuant to section 192.037, Florida Statutes (1983). The tax rolls of Broward…of timeshare property made pursuant to section 192.037 because the complaint was filed more than sixty…have recently upheld the constitutionality of § 192.037, Fla. Stat. (1983) in Day v. High Point Condominium… to challenge the constitutionality of section 192.037, claiming a review of the exhibits attached to …made on time share property pursuant to section 192.037. Assuming arguendo that the contested assessments

Spanish River Resort Corp. v. Walker

Court: Fla. | Date Filed: 1988-04-28T00:00:00-07:00

Citation: 526 So. 2d 677, 13 Fla. L. Weekly 293, 1988 Fla. LEXIS 528, 1988 WL 40930

Snippet: appraiser valued the time-share units under section 192.037, Florida Statutes (1983), based on the listed asking…condominium units. In expressly declaring section 192.037 constitutional on both due process and equal protection… IN UPHOLDING THE CONSTITUTIONALITY OF SECTION 192.037, FLORIDA STATUTES (1983)? 497 So.2d at 1306. We

Oyster Pointe Resort Condo. v. Nolte

Court: Fla. | Date Filed: 1988-03-30T23:53:00-08:00

Citation: 524 So. 2d 415

Snippet: under section 192.037(2) by assessing each individual time-share week. Section 192.037(2) states: Fee…of the pertinent provisions of section 192.037: Section 192.037(2) must be read in pari materia with all…497 So.2d 740 and 1306 (1986), declaring section 192.037, Florida Statutes (1983), valid upon the authority…based his actions on his interpretation of section 192.037(2), Florida Statutes (1982), effective January …authority of Spanish River, expressly found section 192.037(2) constitutional. Three of the issues posed by

Day v. High Point Condo Resorts, Ltd.

Court: Fla. | Date Filed: 1988-01-27T23:53:00-08:00

Citation: 521 So. 2d 1064

Snippet: 5th DCA 1986), holding unconstitutional section 192.037, Florida Statutes (1985), which sets forth the …constitutional. The pertinent provisions of section 192.037 provide: (1) For the purposes of ad valorem taxation… issue requiring discussion is whether section 192.037 is facially unconstitutional on due process and… roll and from paying their own taxes, section 192.037 subjects such time-share owners to substantial …equal protection of the law and renders section 192.037, Florida Statutes, unconstitutional. High Point

Oyster Pointe Resort Condominium Ass'n v. Nolte

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-19T00:00:00-08:00

Citation: 497 So. 2d 1306, 11 Fla. L. Weekly 2435, 1986 Fla. App. LEXIS 10684

Snippet: approving the constitutional validity of section 192.037(2), Florida Statutes (1985). DOWNEY and ANSTEAD

Driftwood Management Co. v. Nolte

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-19T00:00:00-08:00

Citation: 497 So. 2d 740, 11 Fla. L. Weekly 2436, 1986 Fla. App. LEXIS 10710

Snippet: approving the constitutional validity of Section 192.037(2), Florida Statutes (1985). DOWNEY and ANSTEAD

Spanish River Resort Corp. v. Walker

Court: Fla. Dist. Ct. App. | Date Filed: 1986-11-18T23:53:00-08:00

Citation: 497 So. 2d 1299

Snippet: polestar must be section 192.037(1) and (2), Florida Statutes (1983), which states: 192.037 Fee time-share real…Section 192.037(2) must be read in pari materia with all of the other subsections in section 192.037, particularly…contemporaneously with the enactment of section 192.037, is an unmistakable expression of the legislature…share estates. 6. The Court finds that Section 192.037(2), Florida Statutes, is clear and unambiguous,…Fla. 4th DCA 1983). The Court finds that section 192.037, Florida Statutes, is constitutional in all respects

High Point Condominium Resorts v. Day

Court: Fla. Dist. Ct. App. | Date Filed: 1986-08-14T00:53:00-07:00

Citation: 494 So. 2d 508

Snippet: attention to sections 192.037(4) and 192.037(9), Florida Statutes. Section 192.037(4) provides that all…time-share development. § 192.037(7), Fla. Stat. Appellants contend that section 192.037, Florida Statutes, …case questioning the constitutionality of section 192.037, Florida Statutes, which sets out a method for … three years. § 721.05(28), Fla. Stat. Section 192.037(2), Florida Statutes, provides that fee time-share…entry for each time-share development. Section 192.037(1), Florida Statutes, purports to designate the

Hausman v. VTSI, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-25T23:53:00-08:00

Citation: 482 So. 2d 428

Snippet: periods or time-share estates contained therein. § 192.037(2), Fla. Stat. (1983). Tax statutes, however, operate… We find no legislative intent to have section 192.037(2) operate retroactively and thus Hausman cannot

GULFSIDE INTERVAL VACS., INC. v. Schultz

Court: Fla. Dist. Ct. App. | Date Filed: 1985-11-12T23:53:00-08:00

Citation: 479 So. 2d 776

Snippet: valorem taxes for the year 1983 pursuant to section 192.037, Florida Statutes (1983). The appellants seek to… passing upon the constitutionality of section 192.037. The appellees moved to dismiss the complaint for