New Florida legislation went into effect July 1, 2024 which allows management to remove timeshare owners and guests for a wide range of inappropriate conduct including intoxication, profane or lewd conduct, fighting and "conduct which disturbs the peace and comfort of other guests."
In October 2023, Florida CS/HB 429 was introduced to address certain administrative gaps in current timeshare legislation. Despite the fact that most timeshares operate similarly to a hotel or other public lodging, the deeded nature of the ownership interest left management with less power to address the behavior of guests. These changes seek to give timeshare managers "all of the rights and remedies of an operator of any public lodging establishment or public food service establishment."
The amended language in the relevant statute reads as follows:
(14) With regard to any timeshare project as defined in s. 509.242(1)(g), the managing entity or manager has all of the rights and remedies of an operator of any public lodging establishment or public food service establishment as set forth in ss. 509.141, 509.142, 509.143, and 509.162 and is entitled to have a law enforcement officer take any action, including arrest or removal from the timeshare property, against any purchaser, including a deeded owner, or guest or invitee of such purchaser or owner who engages in conduct described in s. 509.141, s. 509.142, s. 509.143, or s. 509.162 or conduct in violation of the timeshare instrument.
The referenced statutes describe a variety of behavior which serves as justification for refusing service to, or evicting a customer, including:
- Illegally possesses or deals in controlled substances
- Intoxicated, profane, lewd or brawling
- Indulges in language or conduct which disturbs the peace and comfort of other guests
- Conduct which injures the reputation, dignity or standing of the establishment
- Fails to make payment of rent at the agreed-upon time
- Fails to check out by the agreed-upon time
Back in January 2023, website WDW News Today reported on a an altercation between a guest and Disney cast member at Disney's Beach Club Resort. According to the sheriff's department report, Orange County law enforcement was called when a 71 year old Disney Vacation Club member physically accosted a restaruant staff member. The report does not detail exactly what lead up to the encounter. However, the report is quoted as saying "Disney management declined to trespass [the guest] at this time due to his Disney Vacation Club status and this being his home resort, stating it would have to be reviewed by their legal department first."
CS/HB 429 seemingly gives Disney resorts the authority to remove a guest for such behavior, despite their status as an "owner" in the associated timeshare facility.
CS/HB 429 also modifies language regarding timeshare managers' authority delete facilities from the timeshare plan. Statute 719.104 previously addressed the ability to "make material alteration or substantial additions to the accommodation or facilities." The language has been expanded to also address deletions to the facilities, "provided that the deletion of any facilities is approved by a two-thirds vote of the board of administration and is consistent with the fiduciary duties."
Disney Vacation Club representatives ostenisbly hold all decision-making authority for each of the condominium associations. The DVC Public Offering Statement allows Disney to appoint member representatives who sit on the Board of Directors and vote on owners' behalf in all relevant matters.
In February 2024, the bill was approved by the Florida House by a vote of 118-0 and Senate 37-0. It was signed by Governor Ron DeSantis in June and went into effect July 1, 2024.
