Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1154
       
       
       
       
       
       
                                Ì632672.Î632672                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/28/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Baxley)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (2) of section
    6  514.0115, Florida Statutes, is amended to read:
    7         514.0115 Exemptions from supervision or regulation;
    8  variances.—
    9         (2)(a) Pools serving condominium, cooperative, and
   10  homeowners’ associations, as well as other property
   11  associations, which have no more than 32 condominium or
   12  cooperative units or parcels and which are not operated as a
   13  public lodging establishments are establishment shall be exempt
   14  from supervision under this chapter, except for water quality.
   15         Section 2. Subsection (4) of section 627.714, Florida
   16  Statutes, is amended to read:
   17         627.714 Residential condominium unit owner coverage; loss
   18  assessment coverage required.—
   19         (4) Every individual unit owner’s residential property
   20  policy must contain a provision stating that the coverage
   21  afforded by such policy is excess coverage over the amount
   22  recoverable under any other policy covering the same property.
   23  If a condominium association’s insurance policy does not provide
   24  rights for subrogation against the unit owners in the
   25  association, an insurance policy issued to an individual unit
   26  owner located in the association may not provide rights of
   27  subrogation against the condominium association.
   28         Section 3. Section 712.065, Florida Statutes, is created to
   29  read:
   30         712.065 Extinguishment of discriminatory restrictions.—
   31         (1)As used in this section, the term “discriminatory
   32  restriction” means a provision in a title transaction recorded
   33  in this state which restricts the ownership, occupancy, or use
   34  of any real property in this state by any natural person on the
   35  basis of a characteristic that has been held, or is held after
   36  July 1, 2020, by the United States Supreme Court or the Florida
   37  Supreme Court to be protected against discrimination under the
   38  Fourteenth Amendment to the United States Constitution or under
   39  s. 2, Art. I of the State Constitution, including race, color,
   40  national origin, religion, gender, or physical disability.
   41         (2)A discriminatory restriction is not enforceable in this
   42  state, and all discriminatory restrictions contained in any
   43  title transaction recorded in this state are unlawful, are
   44  unenforceable, and are declared null and void. Any
   45  discriminatory restriction contained in a previously recorded
   46  title transaction is extinguished and severed from the recorded
   47  title transaction and the remainder of the title transaction
   48  remains enforceable and effective. The recording of any notice
   49  preserving or protecting interests or rights pursuant to s.
   50  712.05 does not reimpose or preserve any discriminatory
   51  restriction that is extinguished under this section.
   52         (3)Upon request of a parcel owner, a discriminatory
   53  restriction appearing in a covenant or restriction affecting the
   54  parcel may be removed from the covenant or restriction by an
   55  amendment approved by a majority vote of the board of directors
   56  of the respective property owners’ association or an owners’
   57  association in which all owners may voluntarily join,
   58  notwithstanding any other requirements for approval of an
   59  amendment of the covenant or restriction. Unless the amendment
   60  also changes other provisions of the covenant or restriction,
   61  the recording of an amendment removing a discriminatory
   62  restriction does not constitute a title transaction occurring
   63  after the root of title for purposes of s. 712.03(4).
   64         Section 4. Paragraphs (a), (b), (c), and (g) of subsection
   65  (12) of section 718.111, Florida Statutes, are amended to read:
   66         718.111 The association.—
   67         (12) OFFICIAL RECORDS.—
   68         (a) From the inception of the association, the association
   69  shall maintain each of the following items, if applicable, which
   70  constitutes the official records of the association:
   71         1. A copy of the plans, permits, warranties, and other
   72  items provided by the developer pursuant to s. 718.301(4).
   73         2. A photocopy of the recorded declaration of condominium
   74  of each condominium operated by the association and each
   75  amendment to each declaration.
   76         3. A photocopy of the recorded bylaws of the association
   77  and each amendment to the bylaws.
   78         4. A certified copy of the articles of incorporation of the
   79  association, or other documents creating the association, and
   80  each amendment thereto.
   81         5. A copy of the current rules of the association.
   82         6. A book or books that contain the minutes of all meetings
   83  of the association, the board of administration, and the unit
   84  owners.
   85         7. A current roster of all unit owners and their mailing
   86  addresses, unit identifications, voting certifications, and, if
   87  known, telephone numbers. The association shall also maintain
   88  the e-mail addresses and facsimile numbers of unit owners
   89  consenting to receive notice by electronic transmission. The e
   90  mail addresses and facsimile numbers are not accessible to unit
   91  owners if consent to receive notice by electronic transmission
   92  is not provided in accordance with sub-subparagraph (c)3.e.
   93  However, the association is not liable for an inadvertent
   94  disclosure of the e-mail address or facsimile number for
   95  receiving electronic transmission of notices.
   96         8. All current insurance policies of the association and
   97  condominiums operated by the association.
   98         9. A current copy of any management agreement, lease, or
   99  other contract to which the association is a party or under
  100  which the association or the unit owners have an obligation or
  101  responsibility.
  102         10. Bills of sale or transfer for all property owned by the
  103  association.
  104         11. Accounting records for the association and separate
  105  accounting records for each condominium that the association
  106  operates. Any person who knowingly or intentionally defaces or
  107  destroys such records, or who knowingly or intentionally fails
  108  to create or maintain such records, with the intent of causing
  109  harm to the association or one or more of its members, is
  110  personally subject to a civil penalty pursuant to s.
  111  718.501(1)(d). The accounting records must include, but are not
  112  limited to:
  113         a. Accurate, itemized, and detailed records of all receipts
  114  and expenditures.
  115         b. A current account and a monthly, bimonthly, or quarterly
  116  statement of the account for each unit designating the name of
  117  the unit owner, the due date and amount of each assessment, the
  118  amount paid on the account, and the balance due.
  119         c. All audits, reviews, accounting statements, and
  120  financial reports of the association or condominium.
  121         d. All contracts for work to be performed. Bids for work to
  122  be performed are also considered official records and must be
  123  maintained by the association for at least 1 year after receipt
  124  of the bid.
  125         12. Ballots, sign-in sheets, voting proxies, and all other
  126  papers and electronic records relating to voting by unit owners,
  127  which must be maintained for 1 year from the date of the
  128  election, vote, or meeting to which the document relates,
  129  notwithstanding paragraph (b).
  130         13. All rental records if the association is acting as
  131  agent for the rental of condominium units.
  132         14. A copy of the current question and answer sheet as
  133  described in s. 718.504.
  134         15. All other written records of the association not
  135  specifically included in the foregoing which are related to the
  136  operation of the association.
  137         16. A copy of the inspection report as described in s.
  138  718.301(4)(p).
  139         16.17. Bids for materials, equipment, or services.
  140         17.All other written records of the association not
  141  specifically included in subparagraphs 1.-16. which are related
  142  to the operation of the association.
  143         (b) The official records specified in subparagraphs (a)1.
  144  6. must be permanently maintained from the inception of the
  145  association. Bids for work to be performed or for materials,
  146  equipment, or services must be maintained for at least 1 year
  147  after receipt of the bid. All other official records must be
  148  maintained within the state for at least 7 years, unless
  149  otherwise provided by general law. The records of the
  150  association shall be made available to a unit owner within 45
  151  miles of the condominium property or within the county in which
  152  the condominium property is located within 10 working days after
  153  receipt of a written request by the board or its designee.
  154  However, such distance requirement does not apply to an
  155  association governing a timeshare condominium. This paragraph
  156  may be complied with by having a copy of the official records of
  157  the association available for inspection or copying on the
  158  condominium property or association property, or the association
  159  may offer the option of making the records available to a unit
  160  owner electronically via the Internet or by allowing the records
  161  to be viewed in electronic format on a computer screen and
  162  printed upon request. The association is not responsible for the
  163  use or misuse of the information provided to an association
  164  member or his or her authorized representative in pursuant to
  165  the compliance with requirements of this chapter unless the
  166  association has an affirmative duty not to disclose such
  167  information under pursuant to this chapter.
  168         (c)1. The official records of the association are open to
  169  inspection by any association member or the authorized
  170  representative of such member at all reasonable times. The right
  171  to inspect the records includes the right to make or obtain
  172  copies, at the reasonable expense, if any, of the member or
  173  authorized representative of such member. A renter of a unit has
  174  a right to inspect and copy the association’s bylaws and rules.
  175  The association may adopt reasonable rules regarding the
  176  frequency, time, location, notice, and manner of record
  177  inspections and copying, but may not require a member to
  178  demonstrate any purpose or state any reason for the inspection.
  179  The failure of an association to provide the records within 10
  180  working days after receipt of a written request creates a
  181  rebuttable presumption that the association willfully failed to
  182  comply with this paragraph. A unit owner who is denied access to
  183  official records is entitled to the actual damages or minimum
  184  damages for the association’s willful failure to comply. Minimum
  185  damages are $50 per calendar day for up to 10 days, beginning on
  186  the 11th working day after receipt of the written request. The
  187  failure to permit inspection entitles any person prevailing in
  188  an enforcement action to recover reasonable attorney fees from
  189  the person in control of the records who, directly or
  190  indirectly, knowingly denied access to the records.
  191         2. Any person who knowingly or intentionally defaces or
  192  destroys accounting records that are required by this chapter to
  193  be maintained during the period for which such records are
  194  required to be maintained, or who knowingly or intentionally
  195  fails to create or maintain accounting records that are required
  196  to be created or maintained, with the intent of causing harm to
  197  the association or one or more of its members, is personally
  198  subject to a civil penalty under pursuant to s. 718.501(1)(d).
  199         3. The association shall maintain an adequate number of
  200  copies of the declaration, articles of incorporation, bylaws,
  201  and rules, and all amendments to each of the foregoing, as well
  202  as the question and answer sheet as described in s. 718.504 and
  203  year-end financial information required under this section, on
  204  the condominium property to ensure their availability to unit
  205  owners and prospective purchasers, and may charge its actual
  206  costs for preparing and furnishing these documents to those
  207  requesting the documents. An association shall allow a member or
  208  his or her authorized representative to use a portable device,
  209  including a smartphone, tablet, portable scanner, or any other
  210  technology capable of scanning or taking photographs, to make an
  211  electronic copy of the official records in lieu of the
  212  association’s providing the member or his or her authorized
  213  representative with a copy of such records. The association may
  214  not charge a member or his or her authorized representative for
  215  the use of a portable device. Notwithstanding this paragraph,
  216  the following records are not accessible to unit owners:
  217         a. Any record protected by the lawyer-client privilege as
  218  described in s. 90.502 and any record protected by the work
  219  product privilege, including a record prepared by an association
  220  attorney or prepared at the attorney’s express direction, which
  221  reflects a mental impression, conclusion, litigation strategy,
  222  or legal theory of the attorney or the association, and which
  223  was prepared exclusively for civil or criminal litigation or for
  224  adversarial administrative proceedings, or which was prepared in
  225  anticipation of such litigation or proceedings until the
  226  conclusion of the litigation or proceedings.
  227         b. Information obtained by an association in connection
  228  with the approval of the lease, sale, or other transfer of a
  229  unit.
  230         c. Personnel records of association or management company
  231  employees, including, but not limited to, disciplinary, payroll,
  232  health, and insurance records. For purposes of this sub
  233  subparagraph, the term “personnel records” does not include
  234  written employment agreements with an association employee or
  235  management company, or budgetary or financial records that
  236  indicate the compensation paid to an association employee.
  237         d. Medical records of unit owners.
  238         e. Social security numbers, driver license numbers, credit
  239  card numbers, e-mail addresses, telephone numbers, facsimile
  240  numbers, emergency contact information, addresses of a unit
  241  owner other than as provided to fulfill the association’s notice
  242  requirements, and other personal identifying information of any
  243  person, excluding the person’s name, unit designation, mailing
  244  address, property address, and any address, e-mail address, or
  245  facsimile number provided to the association to fulfill the
  246  association’s notice requirements. Notwithstanding the
  247  restrictions in this sub-subparagraph, an association may print
  248  and distribute to unit parcel owners a directory containing the
  249  name, unit parcel address, and all telephone numbers of each
  250  unit parcel owner. However, an owner may exclude his or her
  251  telephone numbers from the directory by so requesting in writing
  252  to the association. An owner may consent in writing to the
  253  disclosure of other contact information described in this sub
  254  subparagraph. The association is not liable for the inadvertent
  255  disclosure of information that is protected under this sub
  256  subparagraph if the information is included in an official
  257  record of the association and is voluntarily provided by an
  258  owner and not requested by the association.
  259         f. Electronic security measures that are used by the
  260  association to safeguard data, including passwords.
  261         g. The software and operating system used by the
  262  association which allow the manipulation of data, even if the
  263  owner owns a copy of the same software used by the association.
  264  The data is part of the official records of the association.
  265         (g)1. By January 1, 2019, an association managing a
  266  condominium with 150 or more units which does not contain
  267  timeshare units shall post digital copies of the documents
  268  specified in subparagraph 2. on its website or make such
  269  documents available through an application that can be
  270  downloaded on a mobile device.
  271         a. The association’s website or application must be:
  272         (I) An independent website, application, or web portal
  273  wholly owned and operated by the association; or
  274         (II) A website, application, or web portal operated by a
  275  third-party provider with whom the association owns, leases,
  276  rents, or otherwise obtains the right to operate a web page,
  277  subpage, web portal, or collection of subpages or web portals,
  278  or application which is dedicated to the association’s
  279  activities and on which required notices, records, and documents
  280  may be posted or made available by the association.
  281         b. The association’s website or application must be
  282  accessible through the Internet and must contain a subpage, web
  283  portal, or other protected electronic location that is
  284  inaccessible to the general public and accessible only to unit
  285  owners and employees of the association.
  286         c. Upon a unit owner’s written request, the association
  287  must provide the unit owner with a username and password and
  288  access to the protected sections of the association’s website or
  289  application that contain any notices, records, or documents that
  290  must be electronically provided.
  291         2. A current copy of the following documents must be posted
  292  in digital format on the association’s website or application:
  293         a. The recorded declaration of condominium of each
  294  condominium operated by the association and each amendment to
  295  each declaration.
  296         b. The recorded bylaws of the association and each
  297  amendment to the bylaws.
  298         c. The articles of incorporation of the association, or
  299  other documents creating the association, and each amendment to
  300  the articles of incorporation or other documents thereto. The
  301  copy posted pursuant to this sub-subparagraph must be a copy of
  302  the articles of incorporation filed with the Department of
  303  State.
  304         d. The rules of the association.
  305         e. A list of all executory contracts or documents to which
  306  the association is a party or under which the association or the
  307  unit owners have an obligation or responsibility and, after
  308  bidding for the related materials, equipment, or services has
  309  closed, a list of bids received by the association within the
  310  past year. Summaries of bids for materials, equipment, or
  311  services which exceed $500 must be maintained on the website or
  312  application for 1 year. In lieu of summaries, complete copies of
  313  the bids may be posted.
  314         f. The annual budget required by s. 718.112(2)(f) and any
  315  proposed budget to be considered at the annual meeting.
  316         g. The financial report required by subsection (13) and any
  317  monthly income or expense statement to be considered at a
  318  meeting.
  319         h. The certification of each director required by s.
  320  718.112(2)(d)4.b.
  321         i. All contracts or transactions between the association
  322  and any director, officer, corporation, firm, or association
  323  that is not an affiliated condominium association or any other
  324  entity in which an association director is also a director or
  325  officer and financially interested.
  326         j. Any contract or document regarding a conflict of
  327  interest or possible conflict of interest as provided in ss.
  328  468.436(2)(b)6. and 718.3027(3).
  329         k. The notice of any unit owner meeting and the agenda for
  330  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  331  days before the meeting. The notice must be posted in plain view
  332  on the front page of the website or application, or on a
  333  separate subpage of the website or application labeled “Notices”
  334  which is conspicuously visible and linked from the front page.
  335  The association must also post on its website or application any
  336  document to be considered and voted on by the owners during the
  337  meeting or any document listed on the agenda at least 7 days
  338  before the meeting at which the document or the information
  339  within the document will be considered.
  340         l. Notice of any board meeting, the agenda, and any other
  341  document required for the meeting as required by s.
  342  718.112(2)(c), which must be posted no later than the date
  343  required for notice under pursuant to s. 718.112(2)(c).
  344         3. The association shall ensure that the information and
  345  records described in paragraph (c), which are not allowed to be
  346  accessible to unit owners, are not posted on the association’s
  347  website or application. If protected information or information
  348  restricted from being accessible to unit owners is included in
  349  documents that are required to be posted on the association’s
  350  website or application, the association shall ensure the
  351  information is redacted before posting the documents online.
  352  Notwithstanding the foregoing, the association or its agent is
  353  not liable for disclosing information that is protected or
  354  restricted under pursuant to this paragraph unless such
  355  disclosure was made with a knowing or intentional disregard of
  356  the protected or restricted nature of such information.
  357         4. The failure of the association to post information
  358  required under subparagraph 2. is not in and of itself
  359  sufficient to invalidate any action or decision of the
  360  association’s board or its committees.
  361         Section 5. Paragraphs (d), (i), (k), and (p) of subsection
  362  (2) of section 718.112, Florida Statutes, are amended, and
  363  paragraph (c) is added to subsection (1) of that section, to
  364  read:
  365         718.112 Bylaws.—
  366         (1) GENERALLY.—
  367         (c)The association may extinguish a discriminatory
  368  restriction, as defined in s. 712.065(1), pursuant to s.
  369  712.065.
  370         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  371  following and, if they do not do so, shall be deemed to include
  372  the following:
  373         (d) Unit owner meetings.—
  374         1. An annual meeting of the unit owners must be held at the
  375  location provided in the association bylaws and, if the bylaws
  376  are silent as to the location, the meeting must be held within
  377  45 miles of the condominium property. However, such distance
  378  requirement does not apply to an association governing a
  379  timeshare condominium.
  380         2. Unless the bylaws provide otherwise, a vacancy on the
  381  board caused by the expiration of a director’s term must be
  382  filled by electing a new board member, and the election must be
  383  by secret ballot. An election is not required if the number of
  384  vacancies equals or exceeds the number of candidates. For
  385  purposes of this paragraph, the term “candidate” means an
  386  eligible person who has timely submitted the written notice, as
  387  described in sub-subparagraph 4.a., of his or her intention to
  388  become a candidate. Except in a timeshare or nonresidential
  389  condominium, or if the staggered term of a board member does not
  390  expire until a later annual meeting, or if all members’ terms
  391  would otherwise expire but there are no candidates, the terms of
  392  all board members expire at the annual meeting, and such members
  393  may stand for reelection unless prohibited by the bylaws. Board
  394  members may serve terms longer than 1 year if permitted by the
  395  bylaws or articles of incorporation. A board member may not
  396  serve more than 8 consecutive years unless approved by an
  397  affirmative vote of unit owners representing two-thirds of all
  398  votes cast in the election or unless there are not enough
  399  eligible candidates to fill the vacancies on the board at the
  400  time of the vacancy. Only board service that occurs on or after
  401  July 1, 2018, may be used when calculating a board member’s term
  402  limit. If the number of board members whose terms expire at the
  403  annual meeting equals or exceeds the number of candidates, the
  404  candidates become members of the board effective upon the
  405  adjournment of the annual meeting. Unless the bylaws provide
  406  otherwise, any remaining vacancies shall be filled by the
  407  affirmative vote of the majority of the directors making up the
  408  newly constituted board even if the directors constitute less
  409  than a quorum or there is only one director. In a residential
  410  condominium association of more than 10 units or in a
  411  residential condominium association that does not include
  412  timeshare units or timeshare interests, co-owners of a unit may
  413  not serve as members of the board of directors at the same time
  414  unless they own more than one unit or unless there are not
  415  enough eligible candidates to fill the vacancies on the board at
  416  the time of the vacancy. A unit owner in a residential
  417  condominium desiring to be a candidate for board membership must
  418  comply with sub-subparagraph 4.a. and must be eligible to be a
  419  candidate to serve on the board of directors at the time of the
  420  deadline for submitting a notice of intent to run in order to
  421  have his or her name listed as a proper candidate on the ballot
  422  or to serve on the board. A person who has been suspended or
  423  removed by the division under this chapter, or who is delinquent
  424  in the payment of any monetary obligation due to the
  425  association, is not eligible to be a candidate for board
  426  membership and may not be listed on the ballot. A person who has
  427  been convicted of any felony in this state or in a United States
  428  District or Territorial Court, or who has been convicted of any
  429  offense in another jurisdiction which would be considered a
  430  felony if committed in this state, is not eligible for board
  431  membership unless such felon’s civil rights have been restored
  432  for at least 5 years as of the date such person seeks election
  433  to the board. The validity of an action by the board is not
  434  affected if it is later determined that a board member is
  435  ineligible for board membership due to having been convicted of
  436  a felony. This subparagraph does not limit the term of a member
  437  of the board of a nonresidential or timeshare condominium.
  438         3. The bylaws must provide the method of calling meetings
  439  of unit owners, including annual meetings. Written notice of an
  440  annual meeting must include an agenda;, must be mailed, hand
  441  delivered, or electronically transmitted to each unit owner at
  442  least 14 days before the annual meeting;, and must be posted in
  443  a conspicuous place on the condominium property at least 14
  444  continuous days before the annual meeting. Written notice of a
  445  meeting other than an annual meeting must include an agenda; be
  446  mailed, hand delivered, or electronically transmitted to each
  447  unit owner; and be posted in a conspicuous place on the
  448  condominium property in accordance with the minimum period of
  449  time for posting a notice as set forth in the bylaws, or if the
  450  bylaws do not provide such notice requirements, at least 14
  451  continuous days before the meeting. Upon notice to the unit
  452  owners, the board shall, by duly adopted rule, designate a
  453  specific location on the condominium property where all notices
  454  of unit owner meetings must be posted. This requirement does not
  455  apply if there is no condominium property for posting notices.
  456  In lieu of, or in addition to, the physical posting of meeting
  457  notices, the association may, by reasonable rule, adopt a
  458  procedure for conspicuously posting and repeatedly broadcasting
  459  the notice and the agenda on a closed-circuit cable television
  460  system serving the condominium association. However, if
  461  broadcast notice is used in lieu of a notice posted physically
  462  on the condominium property, the notice and agenda must be
  463  broadcast at least four times every broadcast hour of each day
  464  that a posted notice is otherwise required under this section.
  465  If broadcast notice is provided, the notice and agenda must be
  466  broadcast in a manner and for a sufficient continuous length of
  467  time so as to allow an average reader to observe the notice and
  468  read and comprehend the entire content of the notice and the
  469  agenda. In addition to any of the authorized means of providing
  470  notice of a meeting of the board, the association may, by rule,
  471  adopt a procedure for conspicuously posting the meeting notice
  472  and the agenda on a website serving the condominium association
  473  for at least the minimum period of time for which a notice of a
  474  meeting is also required to be physically posted on the
  475  condominium property. Any rule adopted shall, in addition to
  476  other matters, include a requirement that the association send
  477  an electronic notice in the same manner as a notice for a
  478  meeting of the members, which must include a hyperlink to the
  479  website where the notice is posted, to unit owners whose e-mail
  480  addresses are included in the association’s official records.
  481  Unless a unit owner waives in writing the right to receive
  482  notice of the annual meeting, such notice must be hand
  483  delivered, mailed, or electronically transmitted to each unit
  484  owner. Notice for meetings and notice for all other purposes
  485  must be mailed to each unit owner at the address last furnished
  486  to the association by the unit owner, or hand delivered to each
  487  unit owner. However, if a unit is owned by more than one person,
  488  the association must provide notice to the address that the
  489  developer identifies for that purpose and thereafter as one or
  490  more of the owners of the unit advise the association in
  491  writing, or if no address is given or the owners of the unit do
  492  not agree, to the address provided on the deed of record. An
  493  officer of the association, or the manager or other person
  494  providing notice of the association meeting, must provide an
  495  affidavit or United States Postal Service certificate of
  496  mailing, to be included in the official records of the
  497  association affirming that the notice was mailed or hand
  498  delivered in accordance with this provision.
  499         4. The members of the board of a residential condominium
  500  shall be elected by written ballot or voting machine. Proxies
  501  may not be used in electing the board in general elections or
  502  elections to fill vacancies caused by recall, resignation, or
  503  otherwise, unless otherwise provided in this chapter. This
  504  subparagraph does not apply to an association governing a
  505  timeshare condominium.
  506         a. At least 60 days before a scheduled election, the
  507  association shall mail, deliver, or electronically transmit, by
  508  separate association mailing or included in another association
  509  mailing, delivery, or transmission, including regularly
  510  published newsletters, to each unit owner entitled to a vote, a
  511  first notice of the date of the election. A unit owner or other
  512  eligible person desiring to be a candidate for the board must
  513  give written notice of his or her intent to be a candidate to
  514  the association at least 40 days before a scheduled election.
  515  Together with the written notice and agenda as set forth in
  516  subparagraph 3., the association shall mail, deliver, or
  517  electronically transmit a second notice of the election to all
  518  unit owners entitled to vote, together with a ballot that lists
  519  all candidates, not less than 14 days or more than 34 days
  520  before the date of the election. Upon request of a candidate, an
  521  information sheet, no larger than 8 1/2 inches by 11 inches,
  522  which must be furnished by the candidate at least 35 days before
  523  the election, must be included with the mailing, delivery, or
  524  transmission of the ballot, with the costs of mailing, delivery,
  525  or electronic transmission and copying to be borne by the
  526  association. The association is not liable for the contents of
  527  the information sheets prepared by the candidates. In order to
  528  reduce costs, the association may print or duplicate the
  529  information sheets on both sides of the paper. The division
  530  shall by rule establish voting procedures consistent with this
  531  sub-subparagraph, including rules establishing procedures for
  532  giving notice by electronic transmission and rules providing for
  533  the secrecy of ballots. Elections shall be decided by a
  534  plurality of ballots cast. There is no quorum requirement;
  535  however, at least 20 percent of the eligible voters must cast a
  536  ballot in order to have a valid election. A unit owner may not
  537  authorize any other person to vote his or her ballot, and any
  538  ballots improperly cast are invalid. A unit owner who violates
  539  this provision may be fined by the association in accordance
  540  with s. 718.303. A unit owner who needs assistance in casting
  541  the ballot for the reasons stated in s. 101.051 may obtain such
  542  assistance. The regular election must occur on the date of the
  543  annual meeting. Notwithstanding this sub-subparagraph, an
  544  election is not required unless more candidates file notices of
  545  intent to run or are nominated than board vacancies exist.
  546         b. Within 90 days after being elected or appointed to the
  547  board of an association of a residential condominium, each newly
  548  elected or appointed director shall certify in writing to the
  549  secretary of the association that he or she has read the
  550  association’s declaration of condominium, articles of
  551  incorporation, bylaws, and current written policies; that he or
  552  she will work to uphold such documents and policies to the best
  553  of his or her ability; and that he or she will faithfully
  554  discharge his or her fiduciary responsibility to the
  555  association’s members. In lieu of this written certification,
  556  within 90 days after being elected or appointed to the board,
  557  the newly elected or appointed director may submit a certificate
  558  of having satisfactorily completed the educational curriculum
  559  administered by a division-approved condominium education
  560  provider within 1 year before or 90 days after the date of
  561  election or appointment. The written certification or
  562  educational certificate is valid and does not have to be
  563  resubmitted as long as the director serves on the board without
  564  interruption. A director of an association of a residential
  565  condominium who fails to timely file the written certification
  566  or educational certificate is suspended from service on the
  567  board until he or she complies with this sub-subparagraph. The
  568  board may temporarily fill the vacancy during the period of
  569  suspension. The secretary shall cause the association to retain
  570  a director’s written certification or educational certificate
  571  for inspection by the members for 5 years after a director’s
  572  election or the duration of the director’s uninterrupted tenure,
  573  whichever is longer. Failure to have such written certification
  574  or educational certificate on file does not affect the validity
  575  of any board action.
  576         c. Any challenge to the election process must be commenced
  577  within 60 days after the election results are announced.
  578         5. Any approval by unit owners called for by this chapter
  579  or the applicable declaration or bylaws, including, but not
  580  limited to, the approval requirement in s. 718.111(8), must be
  581  made at a duly noticed meeting of unit owners and is subject to
  582  all requirements of this chapter or the applicable condominium
  583  documents relating to unit owner decisionmaking, except that
  584  unit owners may take action by written agreement, without
  585  meetings, on matters for which action by written agreement
  586  without meetings is expressly allowed by the applicable bylaws
  587  or declaration or any law that provides for such action.
  588         6. Unit owners may waive notice of specific meetings if
  589  allowed by the applicable bylaws or declaration or any law.
  590  Notice of meetings of the board of administration, unit owner
  591  meetings, except unit owner meetings called to recall board
  592  members under paragraph (j), and committee meetings may be given
  593  by electronic transmission to unit owners who consent to receive
  594  notice by electronic transmission. A unit owner who consents to
  595  receiving notices by electronic transmission is solely
  596  responsible for removing or bypassing filters that block receipt
  597  of mass e-mails emails sent to members on behalf of the
  598  association in the course of giving electronic notices.
  599         7. Unit owners have the right to participate in meetings of
  600  unit owners with reference to all designated agenda items.
  601  However, the association may adopt reasonable rules governing
  602  the frequency, duration, and manner of unit owner participation.
  603         8. A unit owner may tape record or videotape a meeting of
  604  the unit owners subject to reasonable rules adopted by the
  605  division.
  606         9. Unless otherwise provided in the bylaws, any vacancy
  607  occurring on the board before the expiration of a term may be
  608  filled by the affirmative vote of the majority of the remaining
  609  directors, even if the remaining directors constitute less than
  610  a quorum, or by the sole remaining director. In the alternative,
  611  a board may hold an election to fill the vacancy, in which case
  612  the election procedures must conform to sub-subparagraph 4.a.
  613  unless the association governs 10 units or fewer and has opted
  614  out of the statutory election process, in which case the bylaws
  615  of the association control. Unless otherwise provided in the
  616  bylaws, a board member appointed or elected under this section
  617  shall fill the vacancy for the unexpired term of the seat being
  618  filled. Filling vacancies created by recall is governed by
  619  paragraph (j) and rules adopted by the division.
  620         10. This chapter does not limit the use of general or
  621  limited proxies, require the use of general or limited proxies,
  622  or require the use of a written ballot or voting machine for any
  623  agenda item or election at any meeting of a timeshare
  624  condominium association or nonresidential condominium
  625  association.
  626  
  627  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  628  association of 10 or fewer units may, by affirmative vote of a
  629  majority of the total voting interests, provide for different
  630  voting and election procedures in its bylaws, which may be by a
  631  proxy specifically delineating the different voting and election
  632  procedures. The different voting and election procedures may
  633  provide for elections to be conducted by limited or general
  634  proxy.
  635         (i) Transfer fees.An association may not no charge an
  636  applicant any fees, except the actual costs of any background
  637  check or screening performed shall be made by the association,
  638  or any body thereof in connection with the sale, mortgage,
  639  lease, sublease, or other transfer of a unit unless the
  640  association is required to approve such transfer and a fee for
  641  such approval is provided for in the declaration, articles, or
  642  bylaws. Except for the actual costs of any background check or
  643  screening performed by the association, any such fee may be
  644  preset, but may not in no event may such fee exceed $100 per
  645  applicant other than spouses or parent and dependent child, who
  646  husband/wife or parent/dependent child, which are considered one
  647  applicant. However, if the lease or sublease is a renewal of a
  648  lease or sublease with the same lessee or sublessee, a charge
  649  may not no charge shall be made. The foregoing notwithstanding,
  650  an association may, if the authority to do so appears in the
  651  declaration, articles, or bylaws, require that a prospective
  652  lessee place a security deposit, in an amount not to exceed the
  653  equivalent of 1 month’s rent, into an escrow account maintained
  654  by the association. The security deposit shall protect against
  655  damages to the common elements or association property. Payment
  656  of interest, claims against the deposit, refunds, and disputes
  657  under this paragraph shall be handled in the same fashion as
  658  provided in part II of chapter 83.
  659         (k) Alternative Dispute Resolution Arbitration.— There must
  660  shall be a provision for mandatory alternative dispute
  661  resolution nonbinding arbitration as provided for in s. 718.1255
  662  for any residential condominium.
  663         (p)Service providers; conflicts of interest.—An
  664  association, which is not a timeshare condominium association,
  665  may not employ or contract with any service provider that is
  666  owned or operated by a board member or with any person who has a
  667  financial relationship with a board member or officer, or a
  668  relative within the third degree of consanguinity by blood or
  669  marriage of a board member or officer. This paragraph does not
  670  apply to a service provider in which a board member or officer,
  671  or a relative within the third degree of consanguinity by blood
  672  or marriage of a board member or officer, owns less than 1
  673  percent of the equity shares.
  674         Section 6. Subsection (8) of section 718.113, Florida
  675  Statutes, is amended to read:
  676         718.113 Maintenance; limitation upon improvement; display
  677  of flag; hurricane shutters and protection; display of religious
  678  decorations.—
  679         (8) The Legislature finds that the use of electric and
  680  natural gas fuel vehicles conserves and protects the state’s
  681  environmental resources, provides significant economic savings
  682  to drivers, and serves an important public interest. The
  683  participation of condominium associations is essential to the
  684  state’s efforts to conserve and protect the state’s
  685  environmental resources and provide economic savings to drivers.
  686  For purposes of this subsection, the term “natural gas fuel” has
  687  the same meaning as in s. 206.9951, and the term “natural gas
  688  fuel vehicle” means any motor vehicle, as defined in s.
  689  320.01(1), powered by natural gas fuel. Therefore, the
  690  installation of an electric vehicle charging or natural gas fuel
  691  station shall be governed as follows:
  692         (a) A declaration of condominium or restrictive covenant
  693  may not prohibit or be enforced so as to prohibit any unit owner
  694  from installing an electric vehicle charging or natural gas fuel
  695  station within the boundaries of the unit owner’s limited common
  696  element or exclusively designated parking area. The board of
  697  administration of a condominium association may not prohibit a
  698  unit owner from installing an electric vehicle charging station
  699  for an electric vehicle, as defined in s. 320.01, or a natural
  700  gas fuel station for a natural gas fuel vehicle within the
  701  boundaries of his or her limited common element or exclusively
  702  designated parking area. The installation of such charging or
  703  fuel stations are subject to the provisions of this subsection.
  704         (b) The installation may not cause irreparable damage to
  705  the condominium property.
  706         (c) The electricity for the electric vehicle charging or
  707  natural gas fuel station must be separately metered or metered
  708  by an embedded meter and payable by the unit owner installing
  709  such charging or fuel station or by his or her successor.
  710         (d)The cost for supply and storage of the natural gas fuel
  711  must be paid by the unit owner installing the natural gas fuel
  712  station or by his or her successor.
  713         (e)(d) The unit owner who is installing an electric vehicle
  714  charging or natural gas fuel station is responsible for the
  715  costs of installation, operation, maintenance, and repair,
  716  including, but not limited to, hazard and liability insurance.
  717  The association may enforce payment of such costs under pursuant
  718  to s. 718.116.
  719         (f)(e) If the unit owner or his or her successor decides
  720  there is no longer a need for the electronic vehicle charging or
  721  natural gas fuel station, such person is responsible for the
  722  cost of removal of such the electronic vehicle charging or fuel
  723  station. The association may enforce payment of such costs under
  724  pursuant to s. 718.116.
  725         (g)The unit owner installing, maintaining, or removing the
  726  electric vehicle charging or natural gas fuel station is
  727  responsible for complying with all federal, state, or local laws
  728  and regulations applicable to such installation, maintenance, or
  729  removal.
  730         (h)(f) The association may require the unit owner to:
  731         1. Comply with bona fide safety requirements, consistent
  732  with applicable building codes or recognized safety standards,
  733  for the protection of persons and property.
  734         2. Comply with reasonable architectural standards adopted
  735  by the association that govern the dimensions, placement, or
  736  external appearance of the electric vehicle charging or natural
  737  gas fuel station, provided that such standards may not prohibit
  738  the installation of such charging or fuel station or
  739  substantially increase the cost thereof.
  740         3. Engage the services of a licensed and registered firm
  741  electrical contractor or engineer familiar with the installation
  742  or removal and core requirements of an electric vehicle charging
  743  or natural gas fuel station.
  744         4. Provide a certificate of insurance naming the
  745  association as an additional insured on the owner’s insurance
  746  policy for any claim related to the installation, maintenance,
  747  or use of the electric vehicle charging or natural gas fuel
  748  station within 14 days after receiving the association’s
  749  approval to install such charging or fuel station or notice to
  750  provide such a certificate.
  751         5. Reimburse the association for the actual cost of any
  752  increased insurance premium amount attributable to the electric
  753  vehicle charging or natural gas fuel station within 14 days
  754  after receiving the association’s insurance premium invoice.
  755         (i)(g) The association provides an implied easement across
  756  the common elements of the condominium property to the unit
  757  owner for purposes of the installation of the electric vehicle
  758  charging or natural gas fuel station installation, and the
  759  furnishing of electrical power or natural gas fuel supply,
  760  including any necessary equipment, to such charging or fuel
  761  station, subject to the requirements of this subsection.
  762         Section 7. Section 718.1255, Florida Statutes, is amended
  763  to read:
  764         718.1255 Alternative dispute resolution; voluntary
  765  mediation; mandatory nonbinding arbitration; legislative
  766  findings.—
  767         (1) DEFINITIONS.—As used in this section, the term
  768  “dispute” means any disagreement between two or more parties
  769  that involves:
  770         (a) The authority of the board of directors, under this
  771  chapter or association document to:
  772         1. Require any owner to take any action, or not to take any
  773  action, involving that owner’s unit or the appurtenances
  774  thereto.
  775         2. Alter or add to a common area or element.
  776         (b) The failure of a governing body, when required by this
  777  chapter or an association document, to:
  778         1. Properly conduct elections.
  779         2. Give adequate notice of meetings or other actions.
  780         3. Properly conduct meetings.
  781         4. Allow inspection of books and records.
  782         (c) A plan of termination pursuant to s. 718.117.
  783  
  784  “Dispute” does not include any disagreement that primarily
  785  involves: title to any unit or common element; the
  786  interpretation or enforcement of any warranty; the levy of a fee
  787  or assessment, or the collection of an assessment levied against
  788  a party; the eviction or other removal of a tenant from a unit;
  789  alleged breaches of fiduciary duty by one or more directors; or
  790  claims for damages to a unit based upon the alleged failure of
  791  the association to maintain the common elements or condominium
  792  property.
  793         (2) VOLUNTARY MEDIATION.—Voluntary mediation through
  794  Citizen Dispute Settlement Centers as provided for in s. 44.201
  795  is encouraged.
  796         (3) LEGISLATIVE FINDINGS.—
  797         (a) The Legislature finds that unit owners are frequently
  798  at a disadvantage when litigating against an association.
  799  Specifically, a condominium association, with its statutory
  800  assessment authority, is often more able to bear the costs and
  801  expenses of litigation than the unit owner who must rely on his
  802  or her own financial resources to satisfy the costs of
  803  litigation against the association.
  804         (b) The Legislature finds that alternative dispute
  805  resolution has been making progress in reducing court dockets
  806  and trials and in offering a more efficient, cost-effective
  807  option to court litigation. However, the Legislature also finds
  808  that alternative dispute resolution should not be used as a
  809  mechanism to encourage the filing of frivolous or nuisance
  810  suits.
  811         (c) There exists a need to develop a flexible means of
  812  alternative dispute resolution that directs disputes to the most
  813  efficient means of resolution.
  814         (d) The high cost and significant delay of circuit court
  815  litigation faced by unit owners in the state can be alleviated
  816  by requiring nonbinding arbitration and mediation in appropriate
  817  cases, thereby reducing delay and attorney’s fees while
  818  preserving the right of either party to have its case heard by a
  819  jury, if applicable, in a court of law.
  820         (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
  821  DISPUTES.—The Division of Florida Condominiums, Timeshares, and
  822  Mobile Homes of the Department of Business and Professional
  823  Regulation may employ full-time attorneys to act as arbitrators
  824  to conduct the arbitration hearings provided by this chapter.
  825  The division may also certify attorneys who are not employed by
  826  the division to act as arbitrators to conduct the arbitration
  827  hearings provided by this chapter. No person may be employed by
  828  the department as a full-time arbitrator unless he or she is a
  829  member in good standing of The Florida Bar. A person may only be
  830  certified by the division to act as an arbitrator if he or she
  831  has been a member in good standing of The Florida Bar for at
  832  least 5 years and has mediated or arbitrated at least 10
  833  disputes involving condominiums in this state during the 3 years
  834  immediately preceding the date of application, mediated or
  835  arbitrated at least 30 disputes in any subject area in this
  836  state during the 3 years immediately preceding the date of
  837  application, or attained board certification in real estate law
  838  or condominium and planned development law from The Florida Bar.
  839  Arbitrator certification is valid for 1 year. An arbitrator who
  840  does not maintain the minimum qualifications for initial
  841  certification may not have his or her certification renewed. The
  842  department may not enter into a legal services contract for an
  843  arbitration hearing under this chapter with an attorney who is
  844  not a certified arbitrator unless a certified arbitrator is not
  845  available within 50 miles of the dispute. The department shall
  846  adopt rules of procedure to govern such arbitration hearings
  847  including mediation incident thereto. The decision of an
  848  arbitrator shall be final; however, a decision shall not be
  849  deemed final agency action. Nothing in this provision shall be
  850  construed to foreclose parties from proceeding in a trial de
  851  novo unless the parties have agreed that the arbitration is
  852  binding. If judicial proceedings are initiated, the final
  853  decision of the arbitrator shall be admissible in evidence in
  854  the trial de novo.
  855         (a) Prior to the institution of court litigation, a party
  856  to a dispute shall either petition the division for nonbinding
  857  arbitration or initiate presuit mediation as provided in
  858  subsection (5). Arbitration shall be binding on the parties if
  859  all parties in arbitration agree to be bound in a writing filed
  860  in arbitration. The petition must be accompanied by a filing fee
  861  in the amount of $50. Filing fees collected under this section
  862  must be used to defray the expenses of the alternative dispute
  863  resolution program.
  864         (b) The petition must recite, and have attached thereto,
  865  supporting proof that the petitioner gave the respondents:
  866         1. Advance written notice of the specific nature of the
  867  dispute;
  868         2. A demand for relief, and a reasonable opportunity to
  869  comply or to provide the relief; and
  870         3. Notice of the intention to file an arbitration petition
  871  or other legal action in the absence of a resolution of the
  872  dispute.
  873  
  874  Failure to include the allegations or proof of compliance with
  875  these prerequisites requires dismissal of the petition without
  876  prejudice.
  877         (c) Upon receipt, the petition shall be promptly reviewed
  878  by the division to determine the existence of a dispute and
  879  compliance with the requirements of paragraphs (a) and (b). If
  880  emergency relief is required and is not available through
  881  arbitration, a motion to stay the arbitration may be filed. The
  882  motion must be accompanied by a verified petition alleging facts
  883  that, if proven, would support entry of a temporary injunction,
  884  and if an appropriate motion and supporting papers are filed,
  885  the division may abate the arbitration pending a court hearing
  886  and disposition of a motion for temporary injunction.
  887         (d) Upon determination by the division that a dispute
  888  exists and that the petition substantially meets the
  889  requirements of paragraphs (a) and (b) and any other applicable
  890  rules, the division shall assign or enter into a contract with
  891  an arbitrator and serve a copy of the petition upon all
  892  respondents. The arbitrator shall conduct a hearing within 30
  893  days after being assigned or entering into a contract unless the
  894  petition is withdrawn or a continuance is granted for good cause
  895  shown.
  896         (e) Before or after the filing of the respondents’ answer
  897  to the petition, any party may request that the arbitrator refer
  898  the case to mediation under this section and any rules adopted
  899  by the division. Upon receipt of a request for mediation, the
  900  division shall promptly contact the parties to determine if
  901  there is agreement that mediation would be appropriate. If all
  902  parties agree, the dispute must be referred to mediation.
  903  Notwithstanding a lack of an agreement by all parties, the
  904  arbitrator may refer a dispute to mediation at any time.
  905         (f) Upon referral of a case to mediation, the parties must
  906  select a mutually acceptable mediator. To assist in the
  907  selection, the arbitrator shall provide the parties with a list
  908  of both volunteer and paid mediators that have been certified by
  909  the division under s. 718.501. If the parties are unable to
  910  agree on a mediator within the time allowed by the arbitrator,
  911  the arbitrator shall appoint a mediator from the list of
  912  certified mediators. If a case is referred to mediation, the
  913  parties shall attend a mediation conference, as scheduled by the
  914  parties and the mediator. If any party fails to attend a duly
  915  noticed mediation conference, without the permission or approval
  916  of the arbitrator or mediator, the arbitrator must impose
  917  sanctions against the party, including the striking of any
  918  pleadings filed, the entry of an order of dismissal or default
  919  if appropriate, and the award of costs and attorney fees
  920  incurred by the other parties. Unless otherwise agreed to by the
  921  parties or as provided by order of the arbitrator, a party is
  922  deemed to have appeared at a mediation conference by the
  923  physical presence of the party or its representative having full
  924  authority to settle without further consultation, provided that
  925  an association may comply by having one or more representatives
  926  present with full authority to negotiate a settlement and
  927  recommend that the board of administration ratify and approve
  928  such a settlement within 5 days from the date of the mediation
  929  conference. The parties shall share equally the expense of
  930  mediation, unless they agree otherwise.
  931         (g) The purpose of mediation as provided for by this
  932  section is to present the parties with an opportunity to resolve
  933  the underlying dispute in good faith, and with a minimum
  934  expenditure of time and resources.
  935         (h) Mediation proceedings must generally be conducted in
  936  accordance with the Florida Rules of Civil Procedure, and these
  937  proceedings are privileged and confidential to the same extent
  938  as court-ordered mediation. Persons who are not parties to the
  939  dispute are not allowed to attend the mediation conference
  940  without the consent of all parties, with the exception of
  941  counsel for the parties and corporate representatives designated
  942  to appear for a party. If the mediator declares an impasse after
  943  a mediation conference has been held, the arbitration proceeding
  944  terminates, unless all parties agree in writing to continue the
  945  arbitration proceeding, in which case the arbitrator’s decision
  946  shall be binding or nonbinding, as agreed upon by the parties;
  947  in the arbitration proceeding, the arbitrator shall not consider
  948  any evidence relating to the unsuccessful mediation except in a
  949  proceeding to impose sanctions for failure to appear at the
  950  mediation conference. If the parties do not agree to continue
  951  arbitration, the arbitrator shall enter an order of dismissal,
  952  and either party may institute a suit in a court of competent
  953  jurisdiction. The parties may seek to recover any costs and
  954  attorney fees incurred in connection with arbitration and
  955  mediation proceedings under this section as part of the costs
  956  and fees that may be recovered by the prevailing party in any
  957  subsequent litigation.
  958         (i) Arbitration shall be conducted according to rules
  959  adopted by the division. The filing of a petition for
  960  arbitration shall toll the applicable statute of limitations.
  961         (j) At the request of any party to the arbitration, the
  962  arbitrator shall issue subpoenas for the attendance of witnesses
  963  and the production of books, records, documents, and other
  964  evidence and any party on whose behalf a subpoena is issued may
  965  apply to the court for orders compelling such attendance and
  966  production. Subpoenas shall be served and shall be enforceable
  967  in the manner provided by the Florida Rules of Civil Procedure.
  968  Discovery may, in the discretion of the arbitrator, be permitted
  969  in the manner provided by the Florida Rules of Civil Procedure.
  970  Rules adopted by the division may authorize any reasonable
  971  sanctions except contempt for a violation of the arbitration
  972  procedural rules of the division or for the failure of a party
  973  to comply with a reasonable nonfinal order issued by an
  974  arbitrator which is not under judicial review.
  975         (k) The arbitration decision shall be rendered within 30
  976  days after the hearing and presented to the parties in writing.
  977  An arbitration decision is final in those disputes in which the
  978  parties have agreed to be bound. An arbitration decision is also
  979  final if a complaint for a trial de novo is not filed in a court
  980  of competent jurisdiction in which the condominium is located
  981  within 30 days. The right to file for a trial de novo entitles
  982  the parties to file a complaint in the appropriate trial court
  983  for a judicial resolution of the dispute. The prevailing party
  984  in an arbitration proceeding shall be awarded the costs of the
  985  arbitration and reasonable attorney fees in an amount determined
  986  by the arbitrator. Such an award shall include the costs and
  987  reasonable attorney fees incurred in the arbitration proceeding
  988  as well as the costs and reasonable attorney fees incurred in
  989  preparing for and attending any scheduled mediation. An
  990  arbitrator’s failure to render a written decision within 30 days
  991  after the hearing may result in the cancellation of his or her
  992  arbitration certification.
  993         (l) The party who files a complaint for a trial de novo
  994  shall be assessed the other party’s arbitration costs, court
  995  costs, and other reasonable costs, including attorney fees,
  996  investigation expenses, and expenses for expert or other
  997  testimony or evidence incurred after the arbitration hearing if
  998  the judgment upon the trial de novo is not more favorable than
  999  the arbitration decision. If the judgment is more favorable, the
 1000  party who filed a complaint for trial de novo shall be awarded
 1001  reasonable court costs and attorney fees.
 1002         (m) Any party to an arbitration proceeding may enforce an
 1003  arbitration award by filing a petition in a court of competent
 1004  jurisdiction in which the condominium is located. A petition may
 1005  not be granted unless the time for appeal by the filing of a
 1006  complaint for trial de novo has expired. If a complaint for a
 1007  trial de novo has been filed, a petition may not be granted with
 1008  respect to an arbitration award that has been stayed. If the
 1009  petition for enforcement is granted, the petitioner shall
 1010  recover reasonable attorney fees and costs incurred in enforcing
 1011  the arbitration award. A mediation settlement may also be
 1012  enforced through the county or circuit court, as applicable, and
 1013  any costs and fees incurred in the enforcement of a settlement
 1014  agreement reached at mediation must be awarded to the prevailing
 1015  party in any enforcement action.
 1016         (5) PRESUIT MEDIATION.—In lieu of the initiation of
 1017  mandatory nonbinding arbitration set forth in subsections (1)
 1018  (4), a party may submit a dispute to presuit mediation in
 1019  accordance with s. 720.311. Election and recall disputes are not
 1020  eligible for mediation; such disputes must be arbitrated by the
 1021  division or filed with a court of competent jurisdiction.
 1022         (6) DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every
 1023  arbitration petition received by the division and required to be
 1024  filed under this section challenging the legality of the
 1025  election of any director of the board of administration must be
 1026  handled on an expedited basis in the manner provided by the
 1027  division’s rules for recall arbitration disputes.
 1028         (7)(6) APPLICABILITY.—This section does not apply to a
 1029  nonresidential condominium unless otherwise specifically
 1030  provided for in the declaration of the nonresidential
 1031  condominium.
 1032         Section 8. Subsection (1) and paragraph (b) of subsection
 1033  (3) of section 718.303, Florida Statutes, are amended to read:
 1034         718.303 Obligations of owners and occupants; remedies.—
 1035         (1) Each unit owner, each tenant and other invitee, and
 1036  each association is governed by, and must comply with the
 1037  provisions of, this chapter, the declaration, the documents
 1038  creating the association, and the association bylaws which are
 1039  shall be deemed expressly incorporated into any lease of a unit.
 1040  Actions at law or in equity for damages or for injunctive
 1041  relief, or both, for failure to comply with these provisions may
 1042  be brought by the association or by a unit owner against:
 1043         (a) The association.
 1044         (b) A unit owner.
 1045         (c) Directors designated by the developer, for actions
 1046  taken by them before control of the association is assumed by
 1047  unit owners other than the developer.
 1048         (d) Any director who willfully and knowingly fails to
 1049  comply with these provisions.
 1050         (e) Any tenant leasing a unit, and any other invitee
 1051  occupying a unit.
 1052  
 1053  The prevailing party in any such action or in any action in
 1054  which the purchaser claims a right of voidability based upon
 1055  contractual provisions as required in s. 718.503(1)(a) is
 1056  entitled to recover reasonable attorney attorney’s fees. A unit
 1057  owner prevailing in an action between the association and the
 1058  unit owner under this subsection section, in addition to
 1059  recovering his or her reasonable attorney attorney’s fees, may
 1060  recover additional amounts as determined by the court to be
 1061  necessary to reimburse the unit owner for his or her share of
 1062  assessments levied by the association to fund its expenses of
 1063  the litigation. This relief does not exclude other remedies
 1064  provided by law. Actions arising under this subsection are not
 1065  considered may not be deemed to be actions for specific
 1066  performance.
 1067         (3) The association may levy reasonable fines for the
 1068  failure of the owner of the unit or its occupant, licensee, or
 1069  invitee to comply with any provision of the declaration, the
 1070  association bylaws, or reasonable rules of the association. A
 1071  fine may not become a lien against a unit. A fine may be levied
 1072  by the board on the basis of each day of a continuing violation,
 1073  with a single notice and opportunity for hearing before a
 1074  committee as provided in paragraph (b). However, the fine may
 1075  not exceed $100 per violation, or $1,000 in the aggregate.
 1076         (b) A fine or suspension levied by the board of
 1077  administration may not be imposed unless the board first
 1078  provides at least 14 days’ written notice to the unit owner and,
 1079  if applicable, any tenant occupant, licensee, or invitee of the
 1080  unit owner sought to be fined or suspended, and an opportunity
 1081  for a hearing before a committee of at least three members
 1082  appointed by the board who are not officers, directors, or
 1083  employees of the association, or the spouse, parent, child,
 1084  brother, or sister of an officer, director, or employee. The
 1085  role of the committee is limited to determining whether to
 1086  confirm or reject the fine or suspension levied by the board. If
 1087  the committee does not approve the proposed fine or suspension
 1088  by majority vote, the fine or suspension may not be imposed. If
 1089  the proposed fine or suspension is approved by the committee,
 1090  the fine payment is due 5 days after notice of the approved fine
 1091  is provided to the unit owner and, if applicable, to any tenant,
 1092  licensee, or invitee of the unit owner the date of the committee
 1093  meeting at which the fine is approved. The association must
 1094  provide written notice of such fine or suspension by mail or
 1095  hand delivery to the unit owner and, if applicable, to any
 1096  tenant, licensee, or invitee of the unit owner.
 1097         Section 9. Section 718.5014, Florida Statutes, is amended
 1098  to read:
 1099         718.5014 Ombudsman location.—The ombudsman shall maintain
 1100  his or her principal office in a Leon County on the premises of
 1101  the division or, if suitable space cannot be provided there, at
 1102  another place convenient to the offices of the division which
 1103  will enable the ombudsman to expeditiously carry out the duties
 1104  and functions of his or her office. The ombudsman may establish
 1105  branch offices elsewhere in the state upon the concurrence of
 1106  the Governor.
 1107         Section 10. Subsection (25) of section 719.103, Florida
 1108  Statutes, is amended to read:
 1109         719.103 Definitions.—As used in this chapter:
 1110         (25) “Unit” means a part of the cooperative property which
 1111  is subject to exclusive use and possession. A unit may be
 1112  improvements, land, or land and improvements together, as
 1113  specified in the cooperative documents. An interest in a unit is
 1114  an interest in real property.
 1115         Section 11. Paragraph (c) of subsection (2) of section
 1116  719.104, Florida Statutes, is amended to read:
 1117         719.104 Cooperatives; access to units; records; financial
 1118  reports; assessments; purchase of leases.—
 1119         (2) OFFICIAL RECORDS.—
 1120         (c) The official records of the association are open to
 1121  inspection by any association member or the authorized
 1122  representative of such member at all reasonable times. The right
 1123  to inspect the records includes the right to make or obtain
 1124  copies, at the reasonable expense, if any, of the association
 1125  member. The association may adopt reasonable rules regarding the
 1126  frequency, time, location, notice, and manner of record
 1127  inspections and copying, but may not require a member to
 1128  demonstrate any purpose or state any reason for the inspection.
 1129  The failure of an association to provide the records within 10
 1130  working days after receipt of a written request creates a
 1131  rebuttable presumption that the association willfully failed to
 1132  comply with this paragraph. A member unit owner who is denied
 1133  access to official records is entitled to the actual damages or
 1134  minimum damages for the association’s willful failure to comply.
 1135  The minimum damages are $50 per calendar day for up to 10 days,
 1136  beginning on the 11th working day after receipt of the written
 1137  request. The failure to permit inspection entitles any person
 1138  prevailing in an enforcement action to recover reasonable
 1139  attorney fees from the person in control of the records who,
 1140  directly or indirectly, knowingly denied access to the records.
 1141  Any person who knowingly or intentionally defaces or destroys
 1142  accounting records that are required by this chapter to be
 1143  maintained during the period for which such records are required
 1144  to be maintained, or who knowingly or intentionally fails to
 1145  create or maintain accounting records that are required to be
 1146  created or maintained, with the intent of causing harm to the
 1147  association or one or more of its members, is personally subject
 1148  to a civil penalty under pursuant to s. 719.501(1)(d). The
 1149  association shall maintain an adequate number of copies of the
 1150  declaration, articles of incorporation, bylaws, and rules, and
 1151  all amendments to each of the foregoing, as well as the question
 1152  and answer sheet as described in s. 719.504 and year-end
 1153  financial information required by the department, on the
 1154  cooperative property to ensure their availability to members
 1155  unit owners and prospective purchasers, and may charge its
 1156  actual costs for preparing and furnishing these documents to
 1157  those requesting the same. An association shall allow a member
 1158  or his or her authorized representative to use a portable
 1159  device, including a smartphone, tablet, portable scanner, or any
 1160  other technology capable of scanning or taking photographs, to
 1161  make an electronic copy of the official records in lieu of the
 1162  association providing the member or his or her authorized
 1163  representative with a copy of such records. The association may
 1164  not charge a member or his or her authorized representative for
 1165  the use of a portable device. Notwithstanding this paragraph,
 1166  the following records shall not be accessible to members unit
 1167  owners:
 1168         1. Any record protected by the lawyer-client privilege as
 1169  described in s. 90.502 and any record protected by the work
 1170  product privilege, including any record prepared by an
 1171  association attorney or prepared at the attorney’s express
 1172  direction which reflects a mental impression, conclusion,
 1173  litigation strategy, or legal theory of the attorney or the
 1174  association, and which was prepared exclusively for civil or
 1175  criminal litigation or for adversarial administrative
 1176  proceedings, or which was prepared in anticipation of such
 1177  litigation or proceedings until the conclusion of the litigation
 1178  or proceedings.
 1179         2. Information obtained by an association in connection
 1180  with the approval of the lease, sale, or other transfer of a
 1181  unit.
 1182         3. Personnel records of association or management company
 1183  employees, including, but not limited to, disciplinary, payroll,
 1184  health, and insurance records. For purposes of this
 1185  subparagraph, the term “personnel records” does not include
 1186  written employment agreements with an association employee or
 1187  management company, or budgetary or financial records that
 1188  indicate the compensation paid to an association employee.
 1189         4. Medical records of unit owners.
 1190         5. Social security numbers, driver license numbers, credit
 1191  card numbers, e-mail addresses, telephone numbers, facsimile
 1192  numbers, emergency contact information, addresses of a unit
 1193  owner other than as provided to fulfill the association’s notice
 1194  requirements, and other personal identifying information of any
 1195  person, excluding the person’s name, unit designation, mailing
 1196  address, property address, and any address, e-mail address, or
 1197  facsimile number provided to the association to fulfill the
 1198  association’s notice requirements. Notwithstanding the
 1199  restrictions in this subparagraph, an association may print and
 1200  distribute to unit parcel owners a directory containing the
 1201  name, unit parcel address, and all telephone numbers of each
 1202  unit parcel owner. However, an owner may exclude his or her
 1203  telephone numbers from the directory by so requesting in writing
 1204  to the association. An owner may consent in writing to the
 1205  disclosure of other contact information described in this
 1206  subparagraph. The association is not liable for the inadvertent
 1207  disclosure of information that is protected under this
 1208  subparagraph if the information is included in an official
 1209  record of the association and is voluntarily provided by an
 1210  owner and not requested by the association.
 1211         6. Electronic security measures that are used by the
 1212  association to safeguard data, including passwords.
 1213         7. The software and operating system used by the
 1214  association which allow the manipulation of data, even if the
 1215  owner owns a copy of the same software used by the association.
 1216  The data is part of the official records of the association.
 1217         Section 12. Paragraph (b) of subsection (1) of section
 1218  719.106, Florida Statutes, is amended, and subsection (3) is
 1219  added to that section, to read:
 1220         719.106 Bylaws; cooperative ownership.—
 1221         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1222  documents shall provide for the following, and if they do not,
 1223  they shall be deemed to include the following:
 1224         (b) Quorum; voting requirements; proxies.—
 1225         1. Unless otherwise provided in the bylaws, the percentage
 1226  of voting interests required to constitute a quorum at a meeting
 1227  of the members shall be a majority of voting interests, and
 1228  decisions shall be made by owners of a majority of the voting
 1229  interests. Unless otherwise provided in this chapter, or in the
 1230  articles of incorporation, bylaws, or other cooperative
 1231  documents, and except as provided in subparagraph (d)1.,
 1232  decisions shall be made by owners of a majority of the voting
 1233  interests represented at a meeting at which a quorum is present.
 1234         2. Except as specifically otherwise provided herein, after
 1235  January 1, 1992, unit owners may not vote by general proxy, but
 1236  may vote by limited proxies substantially conforming to a
 1237  limited proxy form adopted by the division. Limited proxies and
 1238  general proxies may be used to establish a quorum. Limited
 1239  proxies shall be used for votes taken to waive or reduce
 1240  reserves in accordance with subparagraph (j)2., for votes taken
 1241  to waive the financial reporting requirements of s.
 1242  719.104(4)(b), for votes taken to amend the articles of
 1243  incorporation or bylaws pursuant to this section, and for any
 1244  other matter for which this chapter requires or permits a vote
 1245  of the unit owners. Except as provided in paragraph (d), after
 1246  January 1, 1992, no proxy, limited or general, shall be used in
 1247  the election of board members. General proxies may be used for
 1248  other matters for which limited proxies are not required, and
 1249  may also be used in voting for nonsubstantive changes to items
 1250  for which a limited proxy is required and given. Notwithstanding
 1251  the provisions of this section, unit owners may vote in person
 1252  at unit owner meetings. Nothing contained herein shall limit the
 1253  use of general proxies or require the use of limited proxies or
 1254  require the use of limited proxies for any agenda item or
 1255  election at any meeting of a timeshare cooperative.
 1256         3. Any proxy given shall be effective only for the specific
 1257  meeting for which originally given and any lawfully adjourned
 1258  meetings thereof. In no event shall any proxy be valid for a
 1259  period longer than 90 days after the date of the first meeting
 1260  for which it was given. Every proxy shall be revocable at any
 1261  time at the pleasure of the unit owner executing it.
 1262         4. A member of the board of administration or a committee
 1263  may submit in writing his or her agreement or disagreement with
 1264  any action taken at a meeting that the member did not attend.
 1265  This agreement or disagreement may not be used as a vote for or
 1266  against the action taken and may not be used for the purposes of
 1267  creating a quorum.
 1268         5. A board or committee member participating in a meeting
 1269  via telephone, real-time video conferencing, or similar real
 1270  time electronic or video communication counts toward a quorum,
 1271  and such member may vote as if physically present When some or
 1272  all of the board or committee members meet by telephone
 1273  conference, those board or committee members attending by
 1274  telephone conference may be counted toward obtaining a quorum
 1275  and may vote by telephone. A telephone speaker must shall be
 1276  used utilized so that the conversation of such those board or
 1277  committee members attending by telephone may be heard by the
 1278  board or committee members attending in person, as well as by
 1279  any unit owners present at a meeting.
 1280         (3)GENERALLY.—The association may extinguish a
 1281  discriminatory restriction, as defined in s. 712.065(1),
 1282  pursuant to s. 712.065.
 1283         Section 13. Paragraph (l) of subsection (4) of section
 1284  720.303, Florida Statutes, is redesignated as paragraph (m), a
 1285  new paragraph (l) is added to that subsection, and paragraph (c)
 1286  of subsection (2) and present paragraph (l) of subsection (4) of
 1287  that section are amended, to read:
 1288         720.303 Association powers and duties; meetings of board;
 1289  official records; budgets; financial reporting; association
 1290  funds; recalls.—
 1291         (2) BOARD MEETINGS.—
 1292         (c) The bylaws shall provide the following for giving
 1293  notice to parcel owners and members of all board meetings and,
 1294  if they do not do so, shall be deemed to include the following:
 1295         1. Notices of all board meetings must be posted in a
 1296  conspicuous place in the community at least 48 hours in advance
 1297  of a meeting, except in an emergency. In the alternative, if
 1298  notice is not posted in a conspicuous place in the community,
 1299  notice of each board meeting must be mailed or delivered to each
 1300  member at least 7 days before the meeting, except in an
 1301  emergency. Notwithstanding this general notice requirement, for
 1302  communities with more than 100 members, the association bylaws
 1303  may provide for a reasonable alternative to posting or mailing
 1304  of notice for each board meeting, including publication of
 1305  notice, provision of a schedule of board meetings, or the
 1306  conspicuous posting and repeated broadcasting of the notice on a
 1307  closed-circuit cable television system serving the homeowners’
 1308  association. However, if broadcast notice is used in lieu of a
 1309  notice posted physically in the community, the notice must be
 1310  broadcast at least four times every broadcast hour of each day
 1311  that a posted notice is otherwise required. When broadcast
 1312  notice is provided, the notice and agenda must be broadcast in a
 1313  manner and for a sufficient continuous length of time so as to
 1314  allow an average reader to observe the notice and read and
 1315  comprehend the entire content of the notice and the agenda. In
 1316  addition to any of the authorized means of providing notice of a
 1317  meeting of the board, the association may adopt, by rule, a
 1318  procedure for conspicuously posting the meeting notice and the
 1319  agenda on the association’s website for at least the minimum
 1320  period of time for which a notice of a meeting is also required
 1321  to be physically posted on the association property. Any such
 1322  rule must require the association to send to members whose e
 1323  mail addresses are included in the association’s official
 1324  records an electronic notice in the same manner as is required
 1325  for a notice of a meeting of the members. Such notice must
 1326  include a hyperlink to the website where the notice is posted.
 1327  The association may provide notice by electronic transmission in
 1328  a manner authorized by law for meetings of the board of
 1329  directors, committee meetings requiring notice under this
 1330  section, and annual and special meetings of the members to any
 1331  member who has provided a facsimile number or e-mail address to
 1332  the association to be used for such purposes; however, a member
 1333  must consent in writing to receiving notice by electronic
 1334  transmission.
 1335         2. An assessment may not be levied at a board meeting
 1336  unless the notice of the meeting includes a statement that
 1337  assessments will be considered and the nature of the
 1338  assessments. Written notice of any meeting at which special
 1339  assessments will be considered or at which amendments to rules
 1340  regarding parcel use will be considered must be mailed,
 1341  delivered, or electronically transmitted to the members and
 1342  parcel owners and posted conspicuously on the property or
 1343  broadcast on closed-circuit cable television not less than 14
 1344  days before the meeting.
 1345         3. Directors may not vote by proxy or by secret ballot at
 1346  board meetings, except that secret ballots may be used in the
 1347  election of officers. This subsection also applies to the
 1348  meetings of any committee or other similar body, when a final
 1349  decision will be made regarding the expenditure of association
 1350  funds, and to any body vested with the power to approve or
 1351  disapprove architectural decisions with respect to a specific
 1352  parcel of residential property owned by a member of the
 1353  community.
 1354         (4) OFFICIAL RECORDS.—The association shall maintain each
 1355  of the following items, when applicable, which constitute the
 1356  official records of the association:
 1357         (l)Ballots, sign-in sheets, voting proxies, and all other
 1358  papers and electronic records relating to voting by parcel
 1359  owners, which must be maintained for at least 1 year after the
 1360  date of the election, vote, or meeting.
 1361         (m)(l) All other written records of the association not
 1362  specifically included in this subsection the foregoing which are
 1363  related to the operation of the association.
 1364         Section 14. Subsections (1) and (2) of section 720.305,
 1365  Florida Statutes, are amended to read:
 1366         720.305 Obligations of members; remedies at law or in
 1367  equity; levy of fines and suspension of use rights.—
 1368         (1) Each member and the member’s tenants, guests, and
 1369  invitees, and each association, are governed by, and must comply
 1370  with, this chapter and, the governing documents of the
 1371  community, and the rules of the association. Actions at law or
 1372  in equity, or both, to redress alleged failure or refusal to
 1373  comply with these provisions may be brought by the association
 1374  or by any member against:
 1375         (a) The association;
 1376         (b) A member;
 1377         (c) Any director or officer of an association who willfully
 1378  and knowingly fails to comply with these provisions; and
 1379         (d) Any tenants, guests, or invitees occupying a parcel or
 1380  using the common areas.
 1381  
 1382  The prevailing party in any such litigation is entitled to
 1383  recover reasonable attorney fees and costs. A member prevailing
 1384  in an action between the association and the member under this
 1385  section, in addition to recovering his or her reasonable
 1386  attorney fees, may recover additional amounts as determined by
 1387  the court to be necessary to reimburse the member for his or her
 1388  share of assessments levied by the association to fund its
 1389  expenses of the litigation. This relief does not exclude other
 1390  remedies provided by law. This section does not deprive any
 1391  person of any other available right or remedy.
 1392         (2) An The association may levy reasonable fines. A fine
 1393  may not exceed $100 per violation against any member or any
 1394  member’s tenant, guest, or invitee for the failure of the owner
 1395  of the parcel or its occupant, licensee, or invitee to comply
 1396  with any provision of the declaration, the association bylaws,
 1397  or reasonable rules of the association unless otherwise provided
 1398  in the governing documents. A fine may be levied by the board
 1399  for each day of a continuing violation, with a single notice and
 1400  opportunity for hearing, except that the fine may not exceed
 1401  $1,000 in the aggregate unless otherwise provided in the
 1402  governing documents. A fine of less than $1,000 may not become a
 1403  lien against a parcel. In any action to recover a fine, the
 1404  prevailing party is entitled to reasonable attorney fees and
 1405  costs from the nonprevailing party as determined by the court.
 1406         (a) An association may suspend, for a reasonable period of
 1407  time, the right of a member, or a member’s tenant, guest, or
 1408  invitee, to use common areas and facilities for the failure of
 1409  the owner of the parcel or its occupant, licensee, or invitee to
 1410  comply with any provision of the declaration, the association
 1411  bylaws, or reasonable rules of the association. This paragraph
 1412  does not apply to that portion of common areas used to provide
 1413  access or utility services to the parcel. A suspension may not
 1414  prohibit an owner or tenant of a parcel from having vehicular
 1415  and pedestrian ingress to and egress from the parcel, including,
 1416  but not limited to, the right to park.
 1417         (b) A fine or suspension levied by the board of
 1418  administration may not be imposed unless the board first
 1419  provides at least 14 days’ notice to the parcel owner and, if
 1420  applicable, any occupant, licensee, or invitee of the parcel
 1421  owner, sought to be fined or suspended and an opportunity for a
 1422  hearing before a committee of at least three members appointed
 1423  by the board who are not officers, directors, or employees of
 1424  the association, or the spouse, parent, child, brother, or
 1425  sister of an officer, director, or employee. If the committee,
 1426  by majority vote, does not approve a proposed fine or
 1427  suspension, the proposed fine or suspension may not be imposed.
 1428  The role of the committee is limited to determining whether to
 1429  confirm or reject the fine or suspension levied by the board. If
 1430  the proposed fine or suspension levied by the board is approved
 1431  by the committee, the fine payment is due 5 days after notice of
 1432  the approved fine is provided to the parcel owner and, if
 1433  applicable, to any occupant, licensee, or invitee of the parcel
 1434  owner the date of the committee meeting at which the fine is
 1435  approved. The association must provide written notice of such
 1436  fine or suspension by mail or hand delivery to the parcel owner
 1437  and, if applicable, to any occupant tenant, licensee, or invitee
 1438  of the parcel owner.
 1439         Section 15. Paragraph (g) of subsection (1) of section
 1440  720.306, Florida Statutes, is amended to read:
 1441         720.306 Meetings of members; voting and election
 1442  procedures; amendments.—
 1443         (1) QUORUM; AMENDMENTS.—
 1444         (g) A notice required under this section must be mailed or
 1445  delivered to the address identified as the parcel owner’s
 1446  mailing address in the official records of the association as
 1447  required under s. 720.303(4) on the property appraiser’s website
 1448  for the county in which the parcel is located, or electronically
 1449  transmitted in a manner authorized by the association if the
 1450  parcel owner has consented, in writing, to receive notice by
 1451  electronic transmission.
 1452         Section 16. Subsection (6) is added to section 720.3075,
 1453  Florida Statutes, to read:
 1454         720.3075 Prohibited clauses in association documents.—
 1455         (6)The association may extinguish a discriminatory
 1456  restriction, as defined in s. 712.065(1), pursuant to s.
 1457  712.065.
 1458         Section 17. This act shall take effect July 1, 2020.
 1459  
 1460  ================= T I T L E  A M E N D M E N T ================
 1461  And the title is amended as follows:
 1462         Delete everything before the enacting clause
 1463  and insert:
 1464                        A bill to be entitled                      
 1465         An act relating to community associations; amending s.
 1466         514.0115, F.S.; exempting certain property association
 1467         pools from Department of Health regulations; amending
 1468         s. 627.714, F.S.; prohibiting subrogation rights
 1469         against a condominium association under certain
 1470         circumstances; creating s. 712.065, F.S.; defining the
 1471         term “discriminatory restriction”; providing that
 1472         discriminatory restrictions are unlawful,
 1473         unenforceable, and declared null and void; providing
 1474         that certain discriminatory restrictions are
 1475         extinguished and severed from recorded title
 1476         transactions; specifying that the recording of certain
 1477         notices does not reimpose or preserve a discriminatory
 1478         restriction; providing requirements for a parcel owner
 1479         to remove a discriminatory restriction from a covenant
 1480         or restriction; amending s. 718.111, F.S.; requiring
 1481         that certain records be maintained for a specified
 1482         time; prohibiting an association from requiring
 1483         certain actions relating to the inspection of records;
 1484         revising requirements relating to the posting of
 1485         digital copies of certain documents by certain
 1486         condominium associations; amending s. 718.112, F.S.;
 1487         authorizing condominium associations to extinguish
 1488         discriminatory restrictions; specifying that only
 1489         board service that occurs on or after a specified date
 1490         may be used for calculating a board member’s term
 1491         limit; providing requirements for certain notices;
 1492         prohibiting an association from charging certain fees;
 1493         providing an exception; conforming provisions to
 1494         changes made by the act; deleting a prohibition
 1495         against employing or contracting with certain service
 1496         providers; amending s. 718.113, F.S.; defining the
 1497         terms “natural gas fuel” and “natural gas fuel
 1498         vehicle”; revising legislative findings; revising
 1499         requirements for electric vehicle charging stations;
 1500         providing requirements for the installation of natural
 1501         gas fuel stations on property governed by condominium
 1502         associations; amending s. 718.1255, F.S.; authorizing
 1503         parties to initiate presuit mediation under certain
 1504         circumstances; specifying when arbitration is binding
 1505         on the parties; providing requirements for presuit
 1506         mediation; amending s. 718.303, F.S.; revising
 1507         requirements for certain actions for failure to comply
 1508         with specified provisions; revising requirements for
 1509         certain fines; amending s. 718.5014, F.S.; revising
 1510         where the principal office of the Office of the
 1511         Condominium Ombudsman must be maintained; amending s.
 1512         719.103, F.S.; revising the definition of the term
 1513         “unit” to specify that an interest in a cooperative
 1514         unit is an interest in real property; amending s.
 1515         719.104, F.S.; prohibiting an association from
 1516         requiring certain actions relating to the inspection
 1517         of records; making technical changes; amending s.
 1518         719.106, F.S.; revising provisions relating to a
 1519         quorum and voting rights for members remotely
 1520         participating in meetings; authorizing cooperative
 1521         associations to extinguish discriminatory
 1522         restrictions; amending s. 720.303, F.S.; authorizing
 1523         an association to adopt procedures for electronic
 1524         meeting notices; revising the documents that
 1525         constitute the official records of an association;
 1526         amending s. 720.305, F.S.; providing requirements for
 1527         certain fines; amending s. 720.306, F.S.; revising
 1528         requirements for providing certain notices; amending
 1529         s. 720.3075, F.S.; authorizing homeowners’
 1530         associations to extinguish discriminatory
 1531         restrictions; providing an effective date.