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When did the McAllister Act take effect in Florida?

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When did the McAllister Act take effect in Florida?
Submitted: 8 years ago.Category: Legal
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Answered in 9 minutes by:
6/15/2010
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

 

It took effect in 2008.

 

You can read the statute in full at http://law.onecle.com/florida/real-and-personal-property/721.50.html

 

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Customer reply replied 8 years ago
Are you sure? I found info from 2001....
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
I will check again
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Lawyer: Ellen, Lawyer, Consultant replied 8 years ago

Yes my original answer appears to be correct. Here are the original legislative notes

 

http://laws.flrules.org/files/Ch_2008-240.pdf

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Customer reply replied 8 years ago
OK, will wait for your reply. I have also pulled the 1997 FL statutes and it is referenced in those (Sec. 721)
Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
Here are the original legislative notes

 

http://laws.flrules.org/files/Ch_2008-240.pdf

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Customer reply replied 8 years ago

This was in the 2008 legislative notes because there was a change to the name of the division, see below:

 

Mr. Bryan C. McAllister, Examinations Supervisor of the

former, Division of Florida Land Sales, Condominiums, and Mobile Homes

 

Please note the underlined language.

Lawyer: Ellen, Lawyer, Consultant replied 8 years ago
You are correct. I am going to opt without charge to allow another expert to assist you.
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Customer reply replied 8 years ago

Gee, thanks.

Lawyer: LawHelpNow, Attorney/Lawyer replied 8 years ago
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,640
Experience: Relax. Let's work together. Practical solutions.
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Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with legal research and legislative history experience. I will be glad to try and answer your question seeing another legal expert has chosen to opt out. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "When did the McAllister Act take effect in Florida?" There have been numerous amendments (as you mentioned), including the citation change to reflect the contributions by Mr. McAllister. However, the first version of the Florida Timesharing Act, now the Florida Vacation Plan and Timesharing Act codified at

    Fla. Stat. § 721.01 et seq., was passed by the Legislature in 1983.

  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Customer reply replied 8 years ago
I need an exact date.
Lawyer: LawHelpNow, Attorney/Lawyer replied 8 years ago

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I will be glad to comment further. I do ask that you kindly press "Accept" to process my answer.

 

The exact date the legislature took effect was October 1, 1983. This can vary quite a bit as Florida employs an antiquated system based on what is known as adjournment sine die. Nevertheless, the botXXXXX XXXXXne is the exact date is October 1st. This was quite a year in the timeshare world as some 26 states enacted similar legislation.

 

I hope that is of some additional help.

 

Take care and thanks again for choosing JustAnswer®!

 

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Customer reply replied 8 years ago

Pardon me, but I don't think I understand your answer. You said:

 

The exact date the legislature took effect was October 1, 1983.

 

Did you mean that this is the exact date the legislation took effect? Are you absolutely sure of this response? The last attorney told me it took effet in 2008...

Lawyer: LawHelpNow, Attorney/Lawyer replied 8 years ago

Hello there,

 

Nice to hear from you -- sorry for any confusion.

 

Actually, both of us are correct. Here is what I mean. The 2008 date correctly references when the Legislature enacted that portion of the law (through amendment) to honor the name of Mr. McAllister. The substantive law, however, was originally enacted effective 1983.

 

I hope that makes sense. If things are still unclear, please just let me know.

 

Take care and thanks again for choosing JustAnswer®!

 

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Customer reply replied 8 years ago

Your answer is still unclear and you did not answer my first question.

 

You said: The exact date the legislature took effect was October 1, 1983.

 

Did you mean that this is the exact date the legislation took effect? Are you absolutely sure of this response? The last attorney told me it took effet in 2008...

 

Besides, in 2008 this section was amended to change the name of the Division.

 

I would love to be able to pay you once I get a clear answer.

Lawyer: LawHelpNow, Attorney/Lawyer replied 8 years ago

Hi there,

 

Let me try to frame it this way. When you say "legislation", are you referring to Fla. Stat. § 721.01 et seq. (the initial version of the timeshare law as originally enacted)? Or, are you referring only to § 721.50 (the specific mention of Mr. McAllister's name)?

 

Thanks!

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Customer reply replied 8 years ago
I'm talking about the McAllister Act at section 721.50. I need to know the exact date this took effect.
Lawyer: LawHelpNow, Attorney/Lawyer replied 8 years ago

Hi and thanks for writing back,

 

Fla. Stat. § 721.50 (the substance of the law) has been around since the 1983 date I referenced. The law was amended effect July 1, 2008 pursuant to s. 71, ch. 2008-240 (pages 80 and 81): "Section 71. Section 721.50, Florida Statutes, is amended to read: 721.50 Short title.-This part may be cited as the "McAllister Act" in recognition and appreciation for the years of extraordinary and insightful contributions by Mr. Bryan C. McAllister, Examinations Supervisor of the former, Division of Florida Land Sales, Condominiums, and Mobile Homes." "Section 76. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2008. Approved by the Governor June 30, 2008. Filed in Office Secretary of State June 30, 2008."

 

To be clear, § 721.50 was in place long before this date (October 1, 1983). Effective July 1, 2008, however, the law could be properly cited as the "McAllister Act". This particular amendment was essentially honorary in nature -- i.e.somewhat analogous to renaming an airport. For example, Houston Intercontinental Airport opened in 1969. The name was changed to George Bush Intercontinental Airport in 1979. The airport was there since 1969, but after 1979 it simply bore a different name. That may be a silly analogy, but it was one which readily came to mind. Prior to July 1, 2008, the substance of the law was still there, but one would not have referred to the provisions as the "McAllister Act" until after that date.

 

Hope that helps!

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Customer reply replied 8 years ago
English please. I understand that this was honorary in nature, but what date was McAllister specifically named??? Are you saying that it was not until July 1, 2008 that McAllister's name was mentioned in section 721.50?
Lawyer: LawHelpNow, Attorney/Lawyer replied 8 years ago

Hello,

 

It has been a pleasure interacting with you, and I apologize if I am failing to explain myself adequately. I do not want to keep you hanging, so I have opted out (without charge) so my colleagues can view your inquiry. No need to reply to this message.

 

Take care and thanks again for choosing Just Answer®.

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Customer reply replied 8 years ago
No, that's enough. If you don't know the answer just say so.
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