Florida Senate - 2023                       CS for CS for SB 154
       
       
        
       By the Committees on Fiscal Policy; and Regulated Industries;
       and Senators Bradley and DiCeglie
       
       
       
       
       594-02669-23                                           2023154c2
    1                        A bill to be entitled                      
    2         An act relating to condominium and cooperative
    3         associations; amending s. 468.4334, F.S.; revising the
    4         circumstances under which community association
    5         managers or management firms must comply with a
    6         specified provision; amending s. 553.899, F.S.;
    7         revising legislative findings; revising the definition
    8         of the terms “milestone inspection” and “substantial
    9         structural deterioration”; revising who must have
   10         milestone inspections performed for buildings;
   11         revising the deadline for milestone inspections of
   12         certain buildings; authorizing local enforcement
   13         agencies to make certain determinations relating to
   14         milestone inspections after a building reaches a
   15         specified age; authorizing local enforcement agencies
   16         to extend deadlines for milestone inspections under
   17         certain circumstances; authorizing local enforcement
   18         agencies to accept certain inspection reports under
   19         certain circumstances; deeming the inspections
   20         relating to such inspection reports a milestone
   21         inspection for certain purposes; revising costs that
   22         condominium and cooperative associations are
   23         responsible for; revising requirements relating to
   24         written notice of required inspections; requiring
   25         architects or engineers performing milestone
   26         inspections to submit a specified progress report to a
   27         local enforcement agency within a specified timeframe
   28         under certain circumstances; specifying that
   29         associations must distribute copies of certain
   30         inspection reports within a specified timeframe and in
   31         a specified manner; authorizing municipal governing
   32         bodies to adopt certain ordinances relating to
   33         association repairs; requiring the Florida Building
   34         Commission to adopt rules by a specified date;
   35         providing requirements for such rules; conforming
   36         provisions; amending s. 627.351, F.S.; revising
   37         requirements relating to the purchase of flood
   38         insurance as a condition for maintaining certain
   39         policies issued by the Citizens Property Insurance
   40         Corporation; amending s. 718.103, F.S.; defining the
   41         term “alternative funding method”; revising the
   42         definition of the term “structural integrity reserve
   43         study”; amending s. 718.111, F.S.; making a technical
   44         change; amending s. 718.112, F.S.; revising
   45         condominium association reserve account requirements;
   46         revising requirements relating to waiving reserve
   47         requirements or providing less reserves than required
   48         by law; revising requirements relating to using
   49         reserve funds or interest accrued on reserve funds for
   50         certain purposes; revising requirements for structural
   51         integrity reserve studies; providing applicability;
   52         conforming provisions to changes made by the act;
   53         amending s. 718.1255, F.S.; revising the definition of
   54         the term “dispute”; specifying that certain disputes
   55         are not subject to nonbinding arbitration and must be
   56         submitted to presuit mediation; amending s. 718.113,
   57         F.S.; revising requirements relating to maintenance,
   58         repair, and replacement of common elements and
   59         condominium property; amending s. 718.503, F.S.;
   60         revising the documents developers are required to
   61         provide to prospective buyers or lessees; requiring
   62         specified disclosures relating to milestone
   63         inspections and structural integrity reserve studies
   64         for certain contracts entered into after a specified
   65         date; amending s. 719.103, F.S.; revising the
   66         definition of the term “structural integrity reserve
   67         study”; amending s. 719.104, F.S.; revising rights
   68         relating to the official records of a cooperative
   69         association; providing maintenance requirements for
   70         cooperative associations; amending s. 719.106, F.S.;
   71         revising cooperative association reserve account
   72         requirements; revising requirements relating to
   73         waiving reserve requirements or providing less
   74         reserves than required by law; revising a prohibition
   75         on using reserve funds or interest accrued on reserve
   76         funds for certain purposes; revising requirements for
   77         structural integrity reserve studies; providing
   78         applicability; conforming provisions to changes made
   79         by the act; amending s. 719.503, F.S.; revising the
   80         types of documents developers are required to provide
   81         to prospective buyers and lessees; requiring specified
   82         disclosures relating to milestone inspections and
   83         structural integrity reserve studies for certain
   84         contracts entered into after a specified date;
   85         amending ss. 558.002, 718.116, and 720.3085, F.S.;
   86         conforming cross-references; reenacting s. 719.1255,
   87         F.S., relating to alternative resolution of disputes,
   88         to incorporate amendments made to s. 718.1255, F.S.,
   89         in a reference thereto; reenacting ss. 718.501(1)(f)
   90         and 719.501(1)(f), F.S., relating to the rulemaking
   91         authority of the Division of Florida Condominiums,
   92         Timeshares, and Mobile Homes of the Department of
   93         Business and Professional Regulation; providing
   94         appropriations; providing effective dates.
   95          
   96  Be It Enacted by the Legislature of the State of Florida:
   97  
   98         Section 1. Paragraph (b) of subsection (1) of section
   99  468.4334, Florida Statutes, is amended to read:
  100         468.4334 Professional practice standards; liability.—
  101         (1)
  102         (b) If a community association manager or a community
  103  association management firm has a contract with a community
  104  association that has a building on the association’s property
  105  that is subject to s. 553.899, the community association manager
  106  or the community association management firm must comply with
  107  that section as directed by the board.
  108         Section 2. Subsections (1) through (6), paragraph (b) of
  109  subsection (7), and subsections (8), (9), (11), and (12) of
  110  section 553.899, Florida Statutes, are amended to read:
  111         553.899 Mandatory structural inspections for condominium
  112  and cooperative buildings.—
  113         (1) The Legislature finds that maintaining the structural
  114  integrity of a building throughout the life of the building its
  115  service life is of paramount importance in order to ensure that
  116  buildings are structurally sound so as to not pose a threat to
  117  the public health, safety, or welfare. As such, the Legislature
  118  finds that the imposition of a statewide structural inspection
  119  program for aging condominium and cooperative buildings in this
  120  state is necessary to ensure that such buildings are safe for
  121  continued use.
  122         (2) As used in this section, the terms:
  123         (a) “Milestone inspection” means a structural inspection of
  124  a building, including an inspection of load-bearing elements
  125  walls and the primary structural members and primary structural
  126  systems as those terms are defined in s. 627.706, by an a
  127  licensed architect licensed under chapter 481 or engineer
  128  licensed under chapter 471 authorized to practice in this state
  129  for the purposes of attesting to the life safety and adequacy of
  130  the structural components of the building and, to the extent
  131  reasonably possible, determining the general structural
  132  condition of the building as it affects the safety of such
  133  building, including a determination of any necessary
  134  maintenance, repair, or replacement of any structural component
  135  of the building. The purpose of such inspection is not to
  136  determine if the condition of an existing building is in
  137  compliance with the Florida Building Code or the firesafety
  138  code. The milestone inspection services may be provided by a
  139  team of professionals with an architect or engineer acting as a
  140  registered design professional in responsible charge with all
  141  work and reports signed and sealed by the appropriate qualified
  142  team member.
  143         (b) “Substantial structural deterioration” means
  144  substantial structural distress or substantial structural
  145  weakness that negatively affects a building’s general structural
  146  condition and integrity. The term does not include surface
  147  imperfections such as cracks, distortion, sagging, deflections,
  148  misalignment, signs of leakage, or peeling of finishes unless
  149  the licensed engineer or architect performing the phase one or
  150  phase two inspection determines that such surface imperfections
  151  are a sign of substantial structural deterioration.
  152         (3)(a) An owner or owners of a building that is three
  153  stories or more in height as determined by the Florida Building
  154  Code and that is subject, in whole or in part, to the
  155  condominium or cooperative form of ownership as a residential
  156  condominium association under chapter 718 or and a residential
  157  cooperative association under chapter 719 must have a milestone
  158  inspection performed for each building that is three stories or
  159  more in height by December 31 of the year in which the building
  160  reaches 30 years of age, based on the date the certificate of
  161  occupancy for the building was issued, and every 10 years
  162  thereafter. If a building reaches 30 years of age before
  163  December 31, 2024, the building’s initial milestone inspection
  164  must be performed before December 31, 2024. If the date of
  165  issuance for the certificate of occupancy is not available, the
  166  date of issuance of the building’s certificate of occupancy
  167  shall be the date of occupancy evidenced in any record of the
  168  local building official.
  169         (b)The local enforcement agency may determine that local
  170  circumstances, including environmental conditions such as
  171  proximity to salt water as defined in s. 379.101, require that
  172  If the building is located within 3 miles of a coastline as
  173  defined in s. 376.031, the condominium association or
  174  cooperative association must have a milestone inspection must be
  175  performed by December 31 of the year in which the building
  176  reaches 25 years of age, based on the date the certificate of
  177  occupancy for the building was issued, and every 10 years
  178  thereafter.
  179         (c)The local enforcement agency may extend the date by
  180  which a building’s initial milestone inspection must be
  181  completed upon a showing of good cause by the owner or owners of
  182  the building that the inspection cannot be timely completed, if
  183  the owner or owners have entered into a contract with an
  184  architect or engineer to perform the milestone inspection and
  185  the inspection cannot reasonably be completed before the
  186  deadline or other circumstance to justify an extension.
  187         (d)The local enforcement agency may accept an inspection
  188  report prepared by a licensed engineer or architect for a
  189  structural integrity and condition inspection of a building
  190  performed before July 1, 2022, if the inspection and report
  191  substantially comply with the requirements of this section.
  192  Notwithstanding when such inspection was completed, the
  193  condominium or cooperative association must comply with the unit
  194  owner notice requirements in subsection (9). The inspection for
  195  which an inspection report is accepted by the local enforcement
  196  agency under this paragraph is deemed a milestone inspection for
  197  the applicable requirements in chapters 718 and 719.
  198         (4)The milestone inspection report must be arranged by a
  199  condominium or cooperative association and any owner of any
  200  portion of the building which is not subject to the condominium
  201  or cooperative form of ownership. The condominium association or
  202  cooperative association and any owner of any portion of the
  203  building which is not subject to the condominium or cooperative
  204  form of ownership are each must arrange for the milestone
  205  inspection to be performed and is responsible for ensuring
  206  compliance with the requirements of this section. The
  207  condominium association or cooperative association is
  208  responsible for all costs associated with the milestone
  209  inspection attributable to the portions of a building which the
  210  association is responsible to maintain under the governing
  211  documents of the association. This section subsection does not
  212  apply to a single-family, two-family, or three-family dwelling
  213  with three or fewer habitable stories above ground.
  214         (4) If a milestone inspection is required under this
  215  section and the building’s certificate of occupancy was issued
  216  on or before July 1, 1992, the building’s initial milestone
  217  inspection must be performed before December 31, 2024. If the
  218  date of issuance for the certificate of occupancy is not
  219  available, the date of issuance of the building’s certificate of
  220  occupancy shall be the date of occupancy evidenced in any record
  221  of the local building official.
  222         (5) Upon determining that a building must have a milestone
  223  inspection, the local enforcement agency must provide written
  224  notice of such required inspection to the condominium
  225  association, or cooperative association, or any owner of any
  226  portion of the building which is not subject to the condominium
  227  or cooperative form of ownership, as applicable, by certified
  228  mail, return receipt requested.
  229         (6) Phase one of the milestone inspection must be completed
  230  within 180 days after the owner or owners of the building
  231  receive receiving the written notice under subsection (5), the
  232  condominium association or cooperative association must complete
  233  phase one of the milestone inspection. For purposes of this
  234  section, completion of phase one of the milestone inspection
  235  means the licensed engineer or architect who performed the phase
  236  one inspection submitted the inspection report by e-mail, United
  237  States Postal Service, or commercial delivery service to the
  238  local enforcement agency.
  239         (7) A milestone inspection consists of two phases:
  240         (b) A phase two of the milestone inspection must be
  241  performed if any substantial structural deterioration is
  242  identified during phase one. A phase two inspection may involve
  243  destructive or nondestructive testing at the inspector’s
  244  direction. The inspection may be as extensive or as limited as
  245  necessary to fully assess areas of structural distress in order
  246  to confirm that the building is structurally sound and safe for
  247  its intended use and to recommend a program for fully assessing
  248  and repairing distressed and damaged portions of the building.
  249  When determining testing locations, the inspector must give
  250  preference to locations that are the least disruptive and most
  251  easily repairable while still being representative of the
  252  structure. If a phase two inspection is required, within 180
  253  days after submitting a phase one inspection report the
  254  architect or engineer performing the phase two inspection must
  255  submit a phase two progress report to the local enforcement
  256  agency with a timeline for completion of the phase two
  257  inspection. An inspector who completes a phase two milestone
  258  inspection shall prepare and submit an inspection report
  259  pursuant to subsection (8).
  260         (8) Upon completion of a phase one or phase two milestone
  261  inspection, the architect or engineer who performed the
  262  inspection must submit a sealed copy of the inspection report
  263  with a separate summary of, at minimum, the material findings
  264  and recommendations in the inspection report to the condominium
  265  association or cooperative association, to any other owner of
  266  the building, and to the building official of the local
  267  government which has jurisdiction. The inspection report must,
  268  at a minimum, meet all of the following criteria:
  269         (a) Bear the seal and signature, or the electronic
  270  signature, of the licensed engineer or architect who performed
  271  the inspection.
  272         (b) Indicate the manner and type of inspection forming the
  273  basis for the inspection report.
  274         (c) Identify any substantial structural deterioration,
  275  within a reasonable professional probability based on the scope
  276  of the inspection, describe the extent of such deterioration,
  277  and identify any recommended repairs for such deterioration.
  278         (d) State whether unsafe or dangerous conditions, as those
  279  terms are defined in the Florida Building Code, were observed.
  280         (e) Recommend any remedial or preventive repair for any
  281  items that are damaged but are not substantial structural
  282  deterioration.
  283         (f) Identify and describe any items requiring further
  284  inspection.
  285         (9) Within 30 days after receiving the applicable
  286  inspection report, the condominium or cooperative association
  287  must distribute a copy of the inspector-prepared summary of the
  288  inspection report to each condominium unit owner or cooperative
  289  unit owner, regardless of the findings or recommendations in the
  290  report, by United States mail or personal delivery at the
  291  mailing address, property address, or any other address of the
  292  owner provided to fulfill the association’s notice requirements
  293  under chapter 718 or chapter 719, as applicable, and by
  294  electronic transmission to the e-mail address or facsimile
  295  number provided to fulfill the association’s notice requirements
  296  to unit owners who previously consented to receive notice by
  297  electronic transmission; must post a copy of the inspector
  298  prepared summary in a conspicuous place on the condominium or
  299  cooperative property; and must publish the full report and
  300  inspector-prepared summary on the association’s website, if the
  301  association is required to have a website.
  302         (11) A board of county commissioners or municipal governing
  303  body may adopt an ordinance requiring that a condominium or
  304  cooperative association and any other owner that is subject to
  305  this section schedule or commence repairs for substantial
  306  structural deterioration within a specified timeframe after the
  307  local enforcement agency receives a phase two inspection report;
  308  however, such repairs must be commenced within 365 days after
  309  receiving such report. If an owner of the building association
  310  fails to submit proof to the local enforcement agency that
  311  repairs have been scheduled or have commenced for substantial
  312  structural deterioration identified in a phase two inspection
  313  report within the required timeframe, the local enforcement
  314  agency must review and determine if the building is unsafe for
  315  human occupancy.
  316         (12) By December 31, 2024, the Florida Building Commission
  317  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
  318  establish a building safety program for the implementation of
  319  this section within the Florida Building Code: Existing
  320  Building. The building inspection program must, at minimum,
  321  include inspection criteria, testing protocols, standardized
  322  inspection and reporting forms that are adaptable to an
  323  electronic format, and record maintenance requirements for the
  324  local authority review the milestone inspection requirements
  325  under this section and make recommendations, if any, to the
  326  Legislature to ensure inspections are sufficient to determine
  327  the structural integrity of a building. The commission must
  328  provide a written report of any recommendations to the Governor,
  329  the President of the Senate, and the Speaker of the House of
  330  Representatives by December 31, 2022.
  331         Section 3. Paragraph (aa) of subsection (6) of section
  332  627.351, Florida Statutes, is amended to read:
  333         627.351 Insurance risk apportionment plans.—
  334         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  335         (aa) Except as otherwise provided in this paragraph, the
  336  corporation shall require the securing and maintaining of flood
  337  insurance as a condition of coverage of a personal lines
  338  residential risk. The insured or applicant must execute a form
  339  approved by the office affirming that flood insurance is not
  340  provided by the corporation and that if flood insurance is not
  341  secured by the applicant or insured from an insurer other than
  342  the corporation and in addition to coverage by the corporation,
  343  the risk will not be eligible for coverage by the corporation.
  344  The corporation may deny coverage of a personal lines
  345  residential risk to an applicant or insured who refuses to
  346  secure and maintain flood insurance. The requirement to purchase
  347  flood insurance shall be implemented as follows:
  348         1. Except as provided in subparagraphs 2. and 3., all
  349  personal lines residential policyholders must have flood
  350  coverage in place for policies effective on or after:
  351         a. January 1, 2024, for a structure that has a dwelling
  352  replacement cost of property valued at $600,000 or more.
  353         b. January 1, 2025, for a structure that has a dwelling
  354  replacement cost of property valued at $500,000 or more.
  355         c. January 1, 2026, for a structure that has a dwelling
  356  replacement cost of property valued at $400,000 or more.
  357         d. January 1, 2027, for all other personal lines
  358  residential property insured by the corporation.
  359         2. All personal lines residential policyholders whose
  360  property insured by the corporation is located within the
  361  special flood hazard area defined by the Federal Emergency
  362  Management Agency must have flood coverage in place:
  363         a. At the time of initial policy issuance for all new
  364  personal lines residential policies issued by the corporation on
  365  or after April 1, 2023.
  366         b. By the time of the policy renewal for all personal lines
  367  residential policies renewing on or after July 1, 2023.
  368         3. Policyholders whose policies issued by the corporation
  369  do not provide coverage for the peril of wind are not required
  370  to purchase flood insurance as a condition for maintaining the
  371  following their policies issued by with the corporation:
  372         a. Policies that do not provide coverage for the peril of
  373  wind.
  374         b. Policies that provide coverage under a condominium unit
  375  owners form.
  376  
  377  The flood insurance required under this paragraph must meet, at
  378  a minimum, the coverage available from the National Flood
  379  Insurance Program or the requirements of subparagraphs s.
  380  627.715(1)(a)1., 2., and 3.
  381         Section 4. Present subsections (1) through (31) of section
  382  718.103, Florida Statutes, are redesignated as subsections (2)
  383  through (32), respectively, a new subsection (1) is added to
  384  that section, and present subsection (25) of that section is
  385  amended, to read:
  386         718.103 Definitions.—As used in this chapter, the term:
  387         (1)“Alternative funding method” means a method approved by
  388  the division for funding the capital expenditures and deferred
  389  maintenance obligations for a multicondominium association
  390  operating at least 25 condominiums which may reasonably be
  391  expected to fully satisfy the association’s reserve funding
  392  obligations by the allocation of funds in the annual operating
  393  budget.
  394         (26)(25) “Structural integrity reserve study” means a study
  395  of the reserve funds required for future major repairs and
  396  replacement of the condominium property performed as required
  397  under s. 718.112(2)(g) common areas based on a visual inspection
  398  of the common areas. A structural integrity reserve study may be
  399  performed by any person qualified to perform such study.
  400  However, the visual inspection portion of the structural
  401  integrity reserve study must be performed by an engineer
  402  licensed under chapter 471 or an architect licensed under
  403  chapter 481. At a minimum, a structural integrity reserve study
  404  must identify the common areas being visually inspected, state
  405  the estimated remaining useful life and the estimated
  406  replacement cost or deferred maintenance expense of the common
  407  areas being visually inspected, and provide a recommended annual
  408  reserve amount that achieves the estimated replacement cost or
  409  deferred maintenance expense of each common area being visually
  410  inspected by the end of the estimated remaining useful life of
  411  each common area.
  412         Section 5. Paragraph (c) of subsection (12) of section
  413  718.111, Florida Statutes, is amended to read:
  414         718.111 The association.—
  415         (12) OFFICIAL RECORDS.—
  416         (c)1. The official records of the association are open to
  417  inspection by any association member and any person authorized
  418  by an association member as a or the authorized representative
  419  of such member at all reasonable times. The right to inspect the
  420  records includes the right to make or obtain copies, at the
  421  reasonable expense, if any, of the member and of the person
  422  authorized by the association member as a or authorized
  423  representative of such member. A renter of a unit has a right to
  424  inspect and copy only the declaration of condominium, the
  425  association’s bylaws and rules, and the inspection reports
  426  described in ss. 553.899 and 718.301(4)(p). The association may
  427  adopt reasonable rules regarding the frequency, time, location,
  428  notice, and manner of record inspections and copying but may not
  429  require a member to demonstrate any purpose or state any reason
  430  for the inspection. The failure of an association to provide the
  431  records within 10 working days after receipt of a written
  432  request creates a rebuttable presumption that the association
  433  willfully failed to comply with this paragraph. A unit owner who
  434  is denied access to official records is entitled to the actual
  435  damages or minimum damages for the association’s willful failure
  436  to comply. Minimum damages are $50 per calendar day for up to 10
  437  days, beginning on the 11th working day after receipt of the
  438  written request. The failure to permit inspection entitles any
  439  person prevailing in an enforcement action to recover reasonable
  440  attorney fees from the person in control of the records who,
  441  directly or indirectly, knowingly denied access to the records.
  442         2. Any person who knowingly or intentionally defaces or
  443  destroys accounting records that are required by this chapter to
  444  be maintained during the period for which such records are
  445  required to be maintained, or who knowingly or intentionally
  446  fails to create or maintain accounting records that are required
  447  to be created or maintained, with the intent of causing harm to
  448  the association or one or more of its members, is personally
  449  subject to a civil penalty pursuant to s. 718.501(1)(d).
  450         3. The association shall maintain an adequate number of
  451  copies of the declaration, articles of incorporation, bylaws,
  452  and rules, and all amendments to each of the foregoing, as well
  453  as the question and answer sheet as described in s. 718.504 and
  454  year-end financial information required under this section, on
  455  the condominium property to ensure their availability to unit
  456  owners and prospective purchasers, and may charge its actual
  457  costs for preparing and furnishing these documents to those
  458  requesting the documents. An association shall allow a member or
  459  his or her authorized representative to use a portable device,
  460  including a smartphone, tablet, portable scanner, or any other
  461  technology capable of scanning or taking photographs, to make an
  462  electronic copy of the official records in lieu of the
  463  association’s providing the member or his or her authorized
  464  representative with a copy of such records. The association may
  465  not charge a member or his or her authorized representative for
  466  the use of a portable device. Notwithstanding this paragraph,
  467  the following records are not accessible to unit owners:
  468         a. Any record protected by the lawyer-client privilege as
  469  described in s. 90.502 and any record protected by the work
  470  product privilege, including a record prepared by an association
  471  attorney or prepared at the attorney’s express direction, which
  472  reflects a mental impression, conclusion, litigation strategy,
  473  or legal theory of the attorney or the association, and which
  474  was prepared exclusively for civil or criminal litigation or for
  475  adversarial administrative proceedings, or which was prepared in
  476  anticipation of such litigation or proceedings until the
  477  conclusion of the litigation or proceedings.
  478         b. Information obtained by an association in connection
  479  with the approval of the lease, sale, or other transfer of a
  480  unit.
  481         c. Personnel records of association or management company
  482  employees, including, but not limited to, disciplinary, payroll,
  483  health, and insurance records. For purposes of this sub
  484  subparagraph, the term “personnel records” does not include
  485  written employment agreements with an association employee or
  486  management company, or budgetary or financial records that
  487  indicate the compensation paid to an association employee.
  488         d. Medical records of unit owners.
  489         e. Social security numbers, driver license numbers, credit
  490  card numbers, e-mail addresses, telephone numbers, facsimile
  491  numbers, emergency contact information, addresses of a unit
  492  owner other than as provided to fulfill the association’s notice
  493  requirements, and other personal identifying information of any
  494  person, excluding the person’s name, unit designation, mailing
  495  address, property address, and any address, e-mail address, or
  496  facsimile number provided to the association to fulfill the
  497  association’s notice requirements. Notwithstanding the
  498  restrictions in this sub-subparagraph, an association may print
  499  and distribute to unit owners a directory containing the name,
  500  unit address, and all telephone numbers of each unit owner.
  501  However, an owner may exclude his or her telephone numbers from
  502  the directory by so requesting in writing to the association. An
  503  owner may consent in writing to the disclosure of other contact
  504  information described in this sub-subparagraph. The association
  505  is not liable for the inadvertent disclosure of information that
  506  is protected under this sub-subparagraph if the information is
  507  included in an official record of the association and is
  508  voluntarily provided by an owner and not requested by the
  509  association.
  510         f. Electronic security measures that are used by the
  511  association to safeguard data, including passwords.
  512         g. The software and operating system used by the
  513  association which allow the manipulation of data, even if the
  514  owner owns a copy of the same software used by the association.
  515  The data is part of the official records of the association.
  516         h. All affirmative acknowledgments made pursuant to s.
  517  718.121(4)(c).
  518         Section 6. Paragraphs (f), (g), and (h) of subsection (2)
  519  of section 718.112, Florida Statutes, are amended to read:
  520         718.112 Bylaws.—
  521         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  522  following and, if they do not do so, shall be deemed to include
  523  the following:
  524         (f) Annual budget.—
  525         1. The proposed annual budget of estimated revenues and
  526  expenses must be detailed and must show the amounts budgeted by
  527  accounts and expense classifications, including, at a minimum,
  528  any applicable expenses listed in s. 718.504(21). The board
  529  shall adopt the annual budget at least 14 days before the start
  530  of the association’s fiscal year. In the event that the board
  531  fails to timely adopt the annual budget a second time, it is
  532  deemed a minor violation and the prior year’s budget shall
  533  continue in effect until a new budget is adopted. A
  534  multicondominium association must adopt a separate budget of
  535  common expenses for each condominium the association operates
  536  and must adopt a separate budget of common expenses for the
  537  association. In addition, if the association maintains limited
  538  common elements with the cost to be shared only by those
  539  entitled to use the limited common elements as provided for in
  540  s. 718.113(1), the budget or a schedule attached to it must show
  541  the amount budgeted for this maintenance. If, after turnover of
  542  control of the association to the unit owners, any of the
  543  expenses listed in s. 718.504(21) are not applicable, they do
  544  not need to be listed.
  545         2.a. In addition to annual operating expenses, the budget
  546  must include reserve accounts for capital expenditures and
  547  deferred maintenance. These accounts must include, but are not
  548  limited to, roof replacement, building painting, and pavement
  549  resurfacing, regardless of the amount of deferred maintenance
  550  expense or replacement cost, and any other item that has a
  551  deferred maintenance expense or replacement cost that exceeds
  552  $10,000. The amount to be reserved for an item is determined by
  553  the association’s most recent structural integrity reserve study
  554  that must be completed by December 31, 2024. If the amount to be
  555  reserved for an item is not in the association’s initial or most
  556  recent structural integrity reserve study or the association has
  557  not completed a structural integrity reserve study, the amount
  558  must be computed using a formula based upon estimated remaining
  559  useful life and estimated replacement cost or deferred
  560  maintenance expense of the reserve item. In a budget adopted by
  561  an association that is required to obtain a structural integrity
  562  reserve study, reserves must be maintained for the items
  563  identified in paragraph (g) and the reserve amount for such
  564  items must be based on the findings and recommendations of the
  565  association’s most recent structural integrity reserve study.
  566  With respect to items for which an estimate of useful life is
  567  not readily ascertainable, an association must reserve the
  568  amount of deferred maintenance expense, if any, which is
  569  recommended by the structural integrity reserve study for such
  570  items. The association may adjust replacement reserve
  571  assessments annually to take into account an inflation
  572  adjustment and any changes in estimates or extension of the
  573  useful life of a reserve item caused by deferred maintenance.
  574  The members of a unit-owner-controlled association may
  575  determine, by a majority vote of all the voting interests of the
  576  association, voting in person or by proxy at a duly called
  577  meeting of the association, to provide no reserves or less
  578  reserves than required by this subsection. For a budget adopted
  579  on or after Effective December 31, 2024, the members of a unit
  580  owner-controlled association that must obtain a structural
  581  integrity reserve study may not determine to provide no reserves
  582  or less reserves than required by this subsection for items
  583  listed in paragraph (g), except that members of an association
  584  operating a multicondominium may determine to provide no
  585  reserves or less reserves than required by this subsection if an
  586  alternative funding method has been approved by the division.
  587         b. Before turnover of control of an association by a
  588  developer to unit owners other than a developer under s.
  589  718.301, the developer-controlled association may not vote to
  590  waive the reserves or reduce funding of the reserves. If a
  591  meeting of the unit owners has been called to determine whether
  592  to waive or reduce the funding of reserves and no such result is
  593  achieved or a quorum is not attained, the reserves included in
  594  the budget shall go into effect. After the turnover, the
  595  developer may vote its voting interest to waive or reduce the
  596  funding of reserves.
  597         3. Reserve funds and any interest accruing thereon shall
  598  remain in the reserve account or accounts, and may be used only
  599  for authorized reserve expenditures unless their use for other
  600  purposes is approved in advance by a majority vote of all the
  601  voting interests of the association, voting in person or by
  602  proxy at a duly called meeting of the association. Before
  603  turnover of control of an association by a developer to unit
  604  owners other than the developer pursuant to s. 718.301, the
  605  developer-controlled association may not vote to use reserves
  606  for purposes other than those for which they were intended. For
  607  a budget adopted on or after Effective December 31, 2024,
  608  members of a unit-owner-controlled association that must obtain
  609  a structural integrity reserve study may not vote to use reserve
  610  funds, or any interest accruing thereon, that are reserved for
  611  items listed in paragraph (g) for any other purpose other than
  612  the replacement or deferred maintenance costs of the components
  613  listed in paragraph (g) their intended purpose.
  614         4. The only voting interests that are eligible to vote on
  615  questions that involve waiving or reducing the funding of
  616  reserves, or using existing reserve funds for purposes other
  617  than purposes for which the reserves were intended, are the
  618  voting interests of the units subject to assessment to fund the
  619  reserves in question. Proxy questions relating to waiving or
  620  reducing the funding of reserves or using existing reserve funds
  621  for purposes other than purposes for which the reserves were
  622  intended must contain the following statement in capitalized,
  623  bold letters in a font size larger than any other used on the
  624  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  625  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  626  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  627  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  628         (g) Structural integrity reserve study.—
  629         1. A residential condominium An association must have a
  630  structural integrity reserve study completed at least every 10
  631  years after the condominium’s creation for each building on the
  632  condominium property that is three stories or higher in height
  633  as determined by the Florida Building Code which includes, at a
  634  minimum, a study of the following items as related to the
  635  structural integrity and safety of the building:
  636         a. Roof.
  637         b. Load-bearing walls or other primary structural members.
  638         c. Floor.
  639         d. Foundation.
  640         d.e. Fireproofing and fire protection systems.
  641         e.f. Plumbing.
  642         f.g. Electrical systems.
  643         g.h. Waterproofing and exterior painting.
  644         h.i. Windows.
  645         i.j. Any other item that has a deferred maintenance expense
  646  or replacement cost that exceeds $10,000 and the failure to
  647  replace or maintain such item negatively affects the items
  648  listed in sub-subparagraphs a.-h. sub-subparagraphs a.-i., as
  649  determined by the licensed engineer or architect performing the
  650  visual inspection portion of the structural integrity reserve
  651  study.
  652         2. A structural integrity reserve study is based on a
  653  visual inspection of the condominium property. A structural
  654  integrity reserve study may be performed by any person qualified
  655  to perform such study. However, the visual inspection portion of
  656  the structural integrity reserve study must be performed or
  657  verified by an engineer licensed under chapter 471, an architect
  658  licensed under chapter 481, or a person who is certified as a
  659  reserve specialist or professional reserve analyst by the
  660  Community Associations Institute or the Association of
  661  Professional Reserve Analysts. At a minimum, a structural
  662  integrity reserve study must identify each item of the
  663  condominium property being visually inspected, state the
  664  estimated remaining useful life and the estimated replacement
  665  cost or deferred maintenance expense of each item of the
  666  condominium property being visually inspected, and provide a
  667  reserve funding schedule with a recommended annual reserve
  668  amount that achieves the estimated replacement cost or deferred
  669  maintenance expense of each item of condominium property being
  670  visually inspected by the end of the estimated remaining useful
  671  life of the item. The structural integrity reserve study may
  672  recommend that reserves do not need to be maintained for any
  673  item for which an estimate of useful life and an estimate of
  674  replacement cost or deferred maintenance expense cannot be
  675  determined, or the study may recommend a deferred maintenance
  676  expense amount for such item. This paragraph does not apply to
  677  buildings less than three stories in height; single-family, two
  678  family, or three-family dwellings with three or fewer habitable
  679  stories above ground; any portion or component of a building
  680  that has not been submitted to the condominium form of
  681  ownership; or any portion or component of a building that is
  682  maintained by a party other than the association.
  683         3. Before a developer turns over control of an association
  684  to unit owners other than the developer, the developer must have
  685  a structural integrity reserve study completed for each building
  686  on the condominium property that is three stories or higher in
  687  height.
  688         4.3. Associations existing on or before July 1, 2022, which
  689  are controlled by unit owners other than the developer, must
  690  have a structural integrity reserve study completed by December
  691  31, 2024, for each building on the condominium property that is
  692  three stories or higher in height.
  693         5.4. If an association fails to complete a structural
  694  integrity reserve study pursuant to this paragraph, such failure
  695  is a breach of an officer’s and director’s fiduciary
  696  relationship to the unit owners under s. 718.111(1).
  697         (h) Mandatory milestone inspections.—If an association is
  698  required to have a milestone inspection performed pursuant to s.
  699  553.899, the association must arrange for the milestone
  700  inspection to be performed and is responsible for ensuring
  701  compliance with the requirements of s. 553.899. The association
  702  is responsible for all costs associated with the milestone
  703  inspection attributable to the portions of the building which
  704  the association is responsible for maintaining under the
  705  governing documents of the association. If the officers or
  706  directors of an association willfully and knowingly fail to have
  707  a milestone inspection performed pursuant to s. 553.899, such
  708  failure is a breach of the officers’ and directors’ fiduciary
  709  relationship to the unit owners under s. 718.111(1)(a). Within
  710  30 days after receiving Upon completion of a phase one or phase
  711  two milestone inspection and receipt of the inspector-prepared
  712  summary of the inspection report from the architect or engineer
  713  who performed the inspection, the association must distribute a
  714  copy of the inspector-prepared summary of the inspection report
  715  to each unit owner, regardless of the findings or
  716  recommendations in the report, by United States mail or personal
  717  delivery at the mailing address, property address, or any other
  718  address of the owner provided to fulfill the association’s
  719  notice requirements under this chapter and by electronic
  720  transmission to the e-mail address or facsimile number provided
  721  to fulfill the association’s notice requirements to unit owners
  722  who previously consented to receive notice by electronic
  723  transmission; must post a copy of the inspector-prepared summary
  724  in a conspicuous place on the condominium property; and must
  725  publish the full report and inspector-prepared summary on the
  726  association’s website, if the association is required to have a
  727  website.
  728         Section 7. Effective July 1, 2027, subsection (5) of
  729  section 718.1255, Florida Statutes, is amended, and paragraph
  730  (d) is added to subsection (1) of that section, to read:
  731         718.1255 Alternative dispute resolution; mediation;
  732  nonbinding arbitration; applicability.—
  733         (1) DEFINITIONS.—As used in this section, the term
  734  “dispute” means any disagreement between two or more parties
  735  that involves:
  736         (d)The failure of a board of administration, when required
  737  by this chapter or an association document, to:
  738         1. Obtain the milestone inspection required under s.
  739  553.899.
  740         2. Obtain a structural integrity reserve study required
  741  under s. 718.112(2)(g).
  742         3. Fund reserves as required for an item identified in s.
  743  718.112(2)(g).
  744         4. Make or provide necessary maintenance or repairs of
  745  condominium property recommended by a milestone inspection or a
  746  structural integrity reserve study.
  747  
  748  “Dispute” does not include any disagreement that primarily
  749  involves: title to any unit or common element; the
  750  interpretation or enforcement of any warranty; the levy of a fee
  751  or assessment, or the collection of an assessment levied against
  752  a party; the eviction or other removal of a tenant from a unit;
  753  alleged breaches of fiduciary duty by one or more directors; or
  754  claims for damages to a unit based upon the alleged failure of
  755  the association to maintain the common elements or condominium
  756  property.
  757         (5) PRESUIT MEDIATION.—In lieu of the initiation of
  758  nonbinding arbitration as provided in subsections (1)-(4), a
  759  party may submit a dispute to presuit mediation in accordance
  760  with s. 720.311; however, election and recall disputes are not
  761  eligible for mediation and such disputes must be arbitrated by
  762  the division or filed in a court of competent jurisdiction.
  763  Disputes identified in paragraph (1)(d) are not subject to
  764  nonbinding arbitration under subsection (4) and must be
  765  submitted to presuit mediation in accordance with s. 720.311.
  766         Section 8. Subsection (1) of section 718.113, Florida
  767  Statutes, is amended to read:
  768         718.113 Maintenance; limitation upon improvement; display
  769  of flag; hurricane shutters and protection; display of religious
  770  decorations.—
  771         (1) Maintenance of the common elements is the
  772  responsibility of the association, except for any maintenance
  773  responsibility for limited common elements assigned to the unit
  774  owner by the declaration. The association shall provide for the
  775  maintenance, repair, and replacement of the condominium property
  776  for which it bears responsibility pursuant to the declaration of
  777  condominium. After turnover of control of the association to the
  778  unit owners, the association must perform any required
  779  maintenance identified by the developer pursuant to s.
  780  718.301(4)(p) until the association obtains new maintenance
  781  protocols from a licensed professional engineer or architect.
  782  The declaration may provide that certain limited common elements
  783  shall be maintained by those entitled to use the limited common
  784  elements or that the association shall provide the maintenance,
  785  either as a common expense or with the cost shared only by those
  786  entitled to use the limited common elements. If the maintenance
  787  is to be by the association at the expense of only those
  788  entitled to use the limited common elements, the declaration
  789  shall describe in detail the method of apportioning such costs
  790  among those entitled to use the limited common elements, and the
  791  association may use the provisions of s. 718.116 to enforce
  792  payment of the shares of such costs by the unit owners entitled
  793  to use the limited common elements.
  794         Section 9. Paragraph (b) of subsection (1) of section
  795  718.503, Florida Statutes, is amended, and paragraph (d) is
  796  added to that subsection and paragraph (e) is added to
  797  subsection (2) of that section, to read:
  798         718.503 Developer disclosure prior to sale; nondeveloper
  799  unit owner disclosure prior to sale; voidability.—
  800         (1) DEVELOPER DISCLOSURE.—
  801         (b) Copies of documents to be furnished to prospective
  802  buyer or lessee.—Until such time as the developer has furnished
  803  the documents listed below to a person who has entered into a
  804  contract to purchase a residential unit or lease it for more
  805  than 5 years, the contract may be voided by that person,
  806  entitling the person to a refund of any deposit together with
  807  interest thereon as provided in s. 718.202. The contract may be
  808  terminated by written notice from the proposed buyer or lessee
  809  delivered to the developer within 15 days after the buyer or
  810  lessee receives all of the documents required by this section.
  811  The developer may not close for 15 days after the execution of
  812  the agreement and delivery of the documents to the buyer as
  813  evidenced by a signed receipt for documents unless the buyer is
  814  informed in the 15-day voidability period and agrees to close
  815  before the expiration of the 15 days. The developer shall retain
  816  in his or her records a separate agreement signed by the buyer
  817  as proof of the buyer’s agreement to close before the expiration
  818  of the voidability period. The developer must retain such proof
  819  for a period of 5 years after the date of the closing of the
  820  transaction. The documents to be delivered to the prospective
  821  buyer are the prospectus or disclosure statement with all
  822  exhibits, if the development is subject to s. 718.504, or, if
  823  not, then copies of the following which are applicable:
  824         1. The question and answer sheet described in s. 718.504,
  825  and declaration of condominium, or the proposed declaration if
  826  the declaration has not been recorded, which shall include the
  827  certificate of a surveyor approximately representing the
  828  locations required by s. 718.104.
  829         2. The documents creating the association.
  830         3. The bylaws.
  831         4. The ground lease or other underlying lease of the
  832  condominium.
  833         5. The management contract, maintenance contract, and other
  834  contracts for management of the association and operation of the
  835  condominium and facilities used by the unit owners having a
  836  service term in excess of 1 year, and any management contracts
  837  that are renewable.
  838         6. The estimated operating budget for the condominium and a
  839  schedule of expenses for each type of unit, including fees
  840  assessed pursuant to s. 718.113(1) for the maintenance of
  841  limited common elements where such costs are shared only by
  842  those entitled to use the limited common elements.
  843         7. The lease of recreational and other facilities that will
  844  be used only by unit owners of the subject condominium.
  845         8. The lease of recreational and other common facilities
  846  that will be used by unit owners in common with unit owners of
  847  other condominiums.
  848         9. The form of unit lease if the offer is of a leasehold.
  849         10. Any declaration of servitude of properties serving the
  850  condominium but not owned by unit owners or leased to them or
  851  the association.
  852         11. If the development is to be built in phases or if the
  853  association is to manage more than one condominium, a
  854  description of the plan of phase development or the arrangements
  855  for the association to manage two or more condominiums.
  856         12. If the condominium is a conversion of existing
  857  improvements, the statements and disclosure required by s.
  858  718.616.
  859         13. The form of agreement for sale or lease of units.
  860         14. A copy of the floor plan of the unit and the plot plan
  861  showing the location of the residential buildings and the
  862  recreation and other common areas.
  863         15. A copy of all covenants and restrictions that will
  864  affect the use of the property and are not contained in the
  865  foregoing.
  866         16. If the developer is required by state or local
  867  authorities to obtain acceptance or approval of any dock or
  868  marina facilities intended to serve the condominium, a copy of
  869  any such acceptance or approval acquired by the time of filing
  870  with the division under s. 718.502(1), or a statement that such
  871  acceptance or approval has not been acquired or received.
  872         17. Evidence demonstrating that the developer has an
  873  ownership, leasehold, or contractual interest in the land upon
  874  which the condominium is to be developed.
  875         18. A copy of the inspector-prepared summary of the
  876  milestone inspection report as described in ss. 553.899 and
  877  718.301(4)(p), or a statement in conspicuous type indicating
  878  that the required milestone inspection described in ss. 553.899
  879  and 718.301(4)(p) has not been completed or that a milestone
  880  inspection is not required, as applicable.
  881         19. A copy of the association’s most recent structural
  882  integrity reserve study, or a statement in conspicuous type
  883  indicating that the association has not completed a required
  884  structural integrity reserve study has not been completed or
  885  that a structural integrity reserve study is not required, as
  886  applicable.
  887         (d)Milestone inspection or structural integrity reserve
  888  study.If the association is required to have completed a
  889  milestone inspection as described in ss. 553.899 and
  890  718.301(4)(p) or a structural integrity reserve study, and the
  891  association has failed to complete the milestone inspection or
  892  the structural integrity reserve study, each contract entered
  893  into after December 31, 2024, for the sale of a residential unit
  894  shall contain in conspicuous type a statement indicating that
  895  the association is required to have a milestone inspection or a
  896  structural integrity reserve study and has failed to complete
  897  such inspection or study, as appropriate. If the association is
  898  not required to have a milestone inspection as described in ss.
  899  553.899 and 718.301(4)(p) or a structural integrity reserve
  900  study, each contract entered into after December 31, 2024, for
  901  the sale of a residential unit shall contain in conspicuous type
  902  a statement indicating that the association is not required to
  903  have a milestone inspection or a structural integrity reserve
  904  study, as appropriate. If the association is required to have
  905  completed a milestone inspection as described in ss. 553.899 and
  906  718.301(4)(p) or a structural integrity reserve study, each
  907  contract entered into after December 31, 2024, for the sale of a
  908  residential unit shall contain in conspicuous type:
  909         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
  910  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
  911  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  912  IN SECTIONS 553.899 AND 718.301(4)(p), FLORIDA STATUTES; AND A
  913  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  914  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
  915  718.112(2)(g), FLORIDA STATUTES, MORE THAN 15 DAYS, EXCLUDING
  916  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
  917  THIS CONTRACT; and
  918         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
  919  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
  920  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
  921  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
  922  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
  923  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  924  IN SECTIONS 553.899 AND 718.301(4)(p), FLORIDA STATUTES; AND A
  925  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  926  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
  927  718.112(2)(g), FLORIDA STATUTES. ANY PURPORTED WAIVER OF THESE
  928  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
  929  TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS,
  930  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE
  931  BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED SUMMARY
  932  OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTIONS
  933  553.899 AND 718.301(4)(p), FLORIDA STATUTES; AND A COPY OF THE
  934  ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY RESERVE STUDY
  935  DESCRIBED IN SECTIONS 718.103(26) AND 718.112(2)(g), FLORIDA
  936  STATUTES, IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS
  937  AGREEMENT SHALL TERMINATE AT CLOSING.
  938  
  939  A contract that does not conform to the requirements of this
  940  paragraph is voidable at the option of the purchaser prior to
  941  closing.
  942         (2) NONDEVELOPER DISCLOSURE.—
  943         (e) If the association is required to have completed a
  944  milestone inspection as described in ss. 553.899 and
  945  718.301(4)(p) or a structural integrity reserve study, and the
  946  association has failed to complete the milestone inspection or
  947  the structural integrity reserve study, each contract entered
  948  into after December 31, 2024, for the sale of a residential unit
  949  shall contain in conspicuous type a statement indicating that
  950  the association is required to have a milestone inspection or a
  951  structural integrity reserve study and has failed to complete
  952  such inspection or study, as appropriate. If the association is
  953  not required to have a milestone inspection as described in ss.
  954  553.899 and 718.301(4)(p) or a structural integrity reserve
  955  study, each contract entered into after December 31, 2024, for
  956  the sale of a residential unit shall contain in conspicuous type
  957  a statement indicating that the association is not required to
  958  have a milestone inspection or a structural integrity reserve
  959  study, as appropriate. If the association is required to have
  960  completed a milestone inspection as described in ss. 553.899 and
  961  718.301(4)(p) or a structural integrity reserve study, each
  962  contract entered into after December 31, 2024, for the resale of
  963  a residential unit shall contain in conspicuous type:
  964         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
  965  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
  966  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  967  IN SECTIONS 553.899 AND 718.301(4)(p), FLORIDA STATUTES; AND A
  968  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  969  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
  970  718.112(2)(g), FLORIDA STATUTES, MORE THAN 3 DAYS, EXCLUDING
  971  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
  972  THIS CONTRACT; and
  973         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
  974  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
  975  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
  976  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
  977  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
  978  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
  979  IN SECTIONS 553.899 AND 718.301(4)(p), FLORIDA STATUTES; AND A
  980  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
  981  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
  982  718.112(2)(g), FLORIDA STATUTES. ANY PURPORTED WAIVER OF THESE
  983  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
  984  TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING
  985  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES
  986  A CURRENT COPY OF THE INSPECTOR-PREPARED SUMMARY OF THE
  987  MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTIONS 553.899 AND
  988  718.301(4)(p), FLORIDA STATUTES; AND A COPY OF THE ASSOCIATION’S
  989  MOST RECENT STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN
  990  SECTIONS 718.103(26) AND 718.112(2)(g) FLORIDA STATUTES, IF
  991  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
  992  TERMINATE AT CLOSING.
  993  
  994  A contract that does not conform to the requirements of this
  995  paragraph is voidable at the option of the purchaser prior to
  996  closing.
  997         Section 10. Subsection (24) of section 719.103, Florida
  998  Statutes, is amended to read:
  999         719.103 Definitions.—As used in this chapter:
 1000         (24) “Structural integrity reserve study” means a study of
 1001  the reserve funds required for future major repairs and
 1002  replacement of the cooperative property performed as required
 1003  under s. 719.106(1)(k) common areas based on a visual inspection
 1004  of the common areas. A structural integrity reserve study may be
 1005  performed by any person qualified to perform such study.
 1006  However, the visual inspection portion of the structural
 1007  integrity reserve study must be performed by an engineer
 1008  licensed under chapter 471 or an architect licensed under
 1009  chapter 481. At a minimum, a structural integrity reserve study
 1010  must identify the common areas being visually inspected, state
 1011  the estimated remaining useful life and the estimated
 1012  replacement cost or deferred maintenance expense of the common
 1013  areas being visually inspected, and provide a recommended annual
 1014  reserve amount that achieves the estimated replacement cost or
 1015  deferred maintenance expense of each common area being visually
 1016  inspected by the end of the estimated remaining useful life of
 1017  each common area.
 1018         Section 11. Present subsections (5) through (11) of section
 1019  719.104, Florida Statutes, are redesignated as subsections (6)
 1020  through (12), respectively, a new subsection (5) is added to
 1021  that section, and paragraph (c) of subsection (2) of that
 1022  section is amended, to read:
 1023         719.104 Cooperatives; access to units; records; financial
 1024  reports; assessments; purchase of leases.—
 1025         (2) OFFICIAL RECORDS.—
 1026         (c) The official records of the association are open to
 1027  inspection by any association member and any person authorized
 1028  by an association member as a or the authorized representative
 1029  of such member at all reasonable times. The right to inspect the
 1030  records includes the right to make or obtain copies, at the
 1031  reasonable expense, if any, of the association member and of the
 1032  person authorized by the association member as a representative
 1033  of such member. A renter of a unit has a right to inspect and
 1034  copy only the association’s bylaws and rules and the inspection
 1035  reports described in ss. 553.899 and 719.301(4)(p). The
 1036  association may adopt reasonable rules regarding the frequency,
 1037  time, location, notice, and manner of record inspections and
 1038  copying, but may not require a member to demonstrate any purpose
 1039  or state any reason for the inspection. The failure of an
 1040  association to provide the records within 10 working days after
 1041  receipt of a written request creates a rebuttable presumption
 1042  that the association willfully failed to comply with this
 1043  paragraph. A member who is denied access to official records is
 1044  entitled to the actual damages or minimum damages for the
 1045  association’s willful failure to comply. The minimum damages are
 1046  $50 per calendar day for up to 10 days, beginning on the 11th
 1047  working day after receipt of the written request. The failure to
 1048  permit inspection entitles any person prevailing in an
 1049  enforcement action to recover reasonable attorney fees from the
 1050  person in control of the records who, directly or indirectly,
 1051  knowingly denied access to the records. Any person who knowingly
 1052  or intentionally defaces or destroys accounting records that are
 1053  required by this chapter to be maintained during the period for
 1054  which such records are required to be maintained, or who
 1055  knowingly or intentionally fails to create or maintain
 1056  accounting records that are required to be created or
 1057  maintained, with the intent of causing harm to the association
 1058  or one or more of its members, is personally subject to a civil
 1059  penalty under s. 719.501(1)(d). The association shall maintain
 1060  an adequate number of copies of the declaration, articles of
 1061  incorporation, bylaws, and rules, and all amendments to each of
 1062  the foregoing, as well as the question and answer sheet as
 1063  described in s. 719.504 and year-end financial information
 1064  required by the department, on the cooperative property to
 1065  ensure their availability to members and prospective purchasers,
 1066  and may charge its actual costs for preparing and furnishing
 1067  these documents to those requesting the same. An association
 1068  shall allow a member or his or her authorized representative to
 1069  use a portable device, including a smartphone, tablet, portable
 1070  scanner, or any other technology capable of scanning or taking
 1071  photographs, to make an electronic copy of the official records
 1072  in lieu of the association providing the member or his or her
 1073  authorized representative with a copy of such records. The
 1074  association may not charge a member or his or her authorized
 1075  representative for the use of a portable device. Notwithstanding
 1076  this paragraph, the following records shall not be accessible to
 1077  members:
 1078         1. Any record protected by the lawyer-client privilege as
 1079  described in s. 90.502 and any record protected by the work
 1080  product privilege, including any record prepared by an
 1081  association attorney or prepared at the attorney’s express
 1082  direction which reflects a mental impression, conclusion,
 1083  litigation strategy, or legal theory of the attorney or the
 1084  association, and which was prepared exclusively for civil or
 1085  criminal litigation or for adversarial administrative
 1086  proceedings, or which was prepared in anticipation of such
 1087  litigation or proceedings until the conclusion of the litigation
 1088  or proceedings.
 1089         2. Information obtained by an association in connection
 1090  with the approval of the lease, sale, or other transfer of a
 1091  unit.
 1092         3. Personnel records of association or management company
 1093  employees, including, but not limited to, disciplinary, payroll,
 1094  health, and insurance records. For purposes of this
 1095  subparagraph, the term “personnel records” does not include
 1096  written employment agreements with an association employee or
 1097  management company, or budgetary or financial records that
 1098  indicate the compensation paid to an association employee.
 1099         4. Medical records of unit owners.
 1100         5. Social security numbers, driver license numbers, credit
 1101  card numbers, e-mail addresses, telephone numbers, facsimile
 1102  numbers, emergency contact information, addresses of a unit
 1103  owner other than as provided to fulfill the association’s notice
 1104  requirements, and other personal identifying information of any
 1105  person, excluding the person’s name, unit designation, mailing
 1106  address, property address, and any address, e-mail address, or
 1107  facsimile number provided to the association to fulfill the
 1108  association’s notice requirements. Notwithstanding the
 1109  restrictions in this subparagraph, an association may print and
 1110  distribute to unit owners a directory containing the name, unit
 1111  address, and all telephone numbers of each unit owner. However,
 1112  an owner may exclude his or her telephone numbers from the
 1113  directory by so requesting in writing to the association. An
 1114  owner may consent in writing to the disclosure of other contact
 1115  information described in this subparagraph. The association is
 1116  not liable for the inadvertent disclosure of information that is
 1117  protected under this subparagraph if the information is included
 1118  in an official record of the association and is voluntarily
 1119  provided by an owner and not requested by the association.
 1120         6. Electronic security measures that are used by the
 1121  association to safeguard data, including passwords.
 1122         7. The software and operating system used by the
 1123  association which allow the manipulation of data, even if the
 1124  owner owns a copy of the same software used by the association.
 1125  The data is part of the official records of the association.
 1126         8. All affirmative acknowledgments made pursuant to s.
 1127  719.108(3)(b)3.
 1128         (5)MAINTENANCE.—Maintenance of the common elements is the
 1129  responsibility of the association, except for any maintenance
 1130  responsibility for limited common elements assigned to the unit
 1131  owner by the declaration. The association shall provide for the
 1132  maintenance, repair, and replacement of the cooperative property
 1133  for which it bears responsibility pursuant to the declaration of
 1134  cooperative. After turnover of control of the association to the
 1135  unit owners, the association must perform any required
 1136  maintenance identified by the developer pursuant to s.
 1137  719.301(4)(p) until the association obtains new maintenance
 1138  protocols from a licensed professional engineer or architect.
 1139  The declaration may provide that certain limited common elements
 1140  shall be maintained by those entitled to use the limited common
 1141  elements or that the association shall provide the maintenance,
 1142  either as a common expense or with the cost shared only by those
 1143  entitled to use the limited common elements. If the maintenance
 1144  is to be by the association at the expense of only those
 1145  entitled to use the limited common elements, the declaration
 1146  shall describe in detail the method of apportioning such costs
 1147  among those entitled to use the limited common elements, and the
 1148  association may use the provisions of s. 719.108 to enforce
 1149  payment of the shares of such costs by the unit owners entitled
 1150  to use the limited common elements.
 1151         Section 12. Paragraphs (j), (k), and (l) of subsection (1)
 1152  of section 719.106, Florida Statutes, are amended to read:
 1153         719.106 Bylaws; cooperative ownership.—
 1154         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1155  documents shall provide for the following, and if they do not,
 1156  they shall be deemed to include the following:
 1157         (j) Annual budget.—
 1158         1. The proposed annual budget of common expenses must be
 1159  detailed and must show the amounts budgeted by accounts and
 1160  expense classifications, including, if applicable, but not
 1161  limited to, those expenses listed in s. 719.504(20). The board
 1162  of administration shall adopt the annual budget at least 14 days
 1163  before the start of the association’s fiscal year. In the event
 1164  that the board fails to timely adopt the annual budget a second
 1165  time, it is deemed a minor violation and the prior year’s budget
 1166  shall continue in effect until a new budget is adopted.
 1167         2. In addition to annual operating expenses, the budget
 1168  must include reserve accounts for capital expenditures and
 1169  deferred maintenance. These accounts must include, but not be
 1170  limited to, roof replacement, building painting, and pavement
 1171  resurfacing, regardless of the amount of deferred maintenance
 1172  expense or replacement cost, and for any other items for which
 1173  the deferred maintenance expense or replacement cost exceeds
 1174  $10,000. The amount to be reserved for an item is determined by
 1175  the association’s most recent structural integrity reserve study
 1176  that must be completed by December 31, 2024. If the amount to be
 1177  reserved for an item is not in the association’s initial or most
 1178  recent structural integrity reserve study or the association has
 1179  not completed a structural integrity reserve study, the amount
 1180  must be computed by means of a formula which is based upon
 1181  estimated remaining useful life and estimated replacement cost
 1182  or deferred maintenance expense of the reserve item. In a budget
 1183  adopted by an association that is required to obtain a
 1184  structural integrity reserve study, reserves must be maintained
 1185  for the items identified in paragraph (k) and the reserve amount
 1186  for such items must be based on the findings and recommendations
 1187  of the association’s most recent structural integrity reserve
 1188  study. With respect to items for which an estimate of useful
 1189  life is not readily ascertainable, an association must reserve
 1190  the amount of deferred maintenance expense, if any, which is
 1191  recommended by the structural integrity reserve study for such
 1192  items. The association may adjust replacement reserve
 1193  assessments annually to take into account an inflation
 1194  adjustment and any changes in estimates or extension of the
 1195  useful life of a reserve item caused by deferred maintenance.
 1196  The members of a unit-owner-controlled association may
 1197  determine, by a majority vote of all the voting interests of the
 1198  association, voting in person or by proxy at a duly called
 1199  meeting of the association, for a fiscal year to provide no
 1200  reserves or reserves less adequate than required by this
 1201  subsection. Before turnover of control of an association by a
 1202  developer to unit owners other than a developer under s.
 1203  719.301, the developer-controlled association may not vote to
 1204  waive the reserves or reduce funding of the reserves. For a
 1205  budget adopted on or after Effective December 31, 2024, a unit
 1206  owner-controlled association that must obtain a structural
 1207  integrity reserve study may not determine to provide no reserves
 1208  or reserves less adequate than required by this paragraph for
 1209  items listed in paragraph (k). If a meeting of the unit owners
 1210  has been called to determine to provide no reserves, or reserves
 1211  less adequate than required, and such result is not attained or
 1212  a quorum is not attained, the reserves as included in the budget
 1213  shall go into effect.
 1214         3. Reserve funds and any interest accruing thereon shall
 1215  remain in the reserve account or accounts, and shall be used
 1216  only for authorized reserve expenditures unless their use for
 1217  other purposes is approved in advance by a vote of the majority
 1218  of the voting interests, voting in person or by limited proxy at
 1219  a duly called meeting of the association. Before turnover of
 1220  control of an association by a developer to unit owners other
 1221  than the developer under s. 719.301, the developer may not vote
 1222  to use reserves for purposes other than that for which they were
 1223  intended. For a budget adopted on or after Effective December
 1224  31, 2024, members of a unit-owner-controlled association that
 1225  must obtain a structural integrity reserve study may not vote to
 1226  use reserve funds, or any interest accruing thereon, that are
 1227  reserved for items listed in paragraph (k) for purposes other
 1228  than the replacement or deferred maintenance costs of the
 1229  components listed in paragraph (k) their intended purpose.
 1230         (k) Structural integrity reserve study.—
 1231         1. A residential cooperative An association must have a
 1232  structural integrity reserve study completed at least every 10
 1233  years for each building on the cooperative property that is
 1234  three stories or higher in height as determined by the Florida
 1235  Building Code that includes, at a minimum, a study of the
 1236  following items as related to the structural integrity and
 1237  safety of the building:
 1238         a. Roof.
 1239         b. Load-bearing walls or other primary structural members.
 1240         c. Floor.
 1241         d. Foundation.
 1242         d.e. Fireproofing and fire protection systems.
 1243         e.f. Plumbing.
 1244         f.g. Electrical systems.
 1245         g.h. Waterproofing and exterior painting.
 1246         h.i. Windows.
 1247         i.j. Any other item that has a deferred maintenance expense
 1248  or replacement cost that exceeds $10,000 and the failure to
 1249  replace or maintain such item negatively affects the items
 1250  listed in sub-subparagraphs a.-h. sub-subparagraphs a.-i., as
 1251  determined by the licensed engineer or architect performing the
 1252  visual inspection portion of the structural integrity reserve
 1253  study.
 1254         2. A structural integrity reserve study is based on a
 1255  visual inspection of the cooperative property. A structural
 1256  integrity reserve study may be performed by any person qualified
 1257  to perform such study. However, the visual inspection portion of
 1258  the structural integrity reserve study must be performed or
 1259  verified by an engineer licensed under chapter 471, an architect
 1260  licensed under chapter 481, or a person who is certified as a
 1261  reserve specialist or professional reserve analyst by the
 1262  Community Associations Institute or the Association of
 1263  Professional Reserve Analysts. At a minimum, a structural
 1264  integrity reserve study must identify each item of the
 1265  cooperative property being visually inspected, state the
 1266  estimated remaining useful life and the estimated replacement
 1267  cost or deferred maintenance expense of each item of the
 1268  cooperative property being visually inspected, and provide a
 1269  reserve funding schedule with a recommended annual reserve
 1270  amount that achieves the estimated replacement cost or deferred
 1271  maintenance expense of each item of cooperative property being
 1272  visually inspected by the end of the estimated remaining useful
 1273  life of the item. The structural integrity reserve study may
 1274  recommend that reserves do not need to be maintained for any
 1275  item for which an estimate of useful life and an estimate of
 1276  replacement cost or deferred maintenance expense cannot be
 1277  determined, or the study may recommend a deferred maintenance
 1278  expense amount for such item. This paragraph does not apply to
 1279  buildings less than three stories in height; single-family, two
 1280  family, or three-family dwellings with three or fewer habitable
 1281  stories above ground; any portion or component of a building
 1282  that has not been submitted to the cooperative form of
 1283  ownership; or any portion or component of a building that is
 1284  maintained by a party other than the association.
 1285         3. Before a developer turns over control of an association
 1286  to unit owners other than the developer, the developer must have
 1287  a structural integrity reserve study completed for each building
 1288  on the cooperative property that is three stories or higher in
 1289  height.
 1290         4.3. Associations existing on or before July 1, 2022, which
 1291  are controlled by unit owners other than the developer, must
 1292  have a structural integrity reserve study completed by December
 1293  31, 2024, for each building on the cooperative property that is
 1294  three stories or higher in height.
 1295         5.4. If an association fails to complete a structural
 1296  integrity reserve study pursuant to this paragraph, such failure
 1297  is a breach of an officer’s and director’s fiduciary
 1298  relationship to the unit owners under s. 719.104(9) s.
 1299  719.104(8).
 1300         (l) Mandatory milestone inspections.—If an association is
 1301  required to have a milestone inspection performed pursuant to s.
 1302  553.899, the association must arrange for the milestone
 1303  inspection to be performed and is responsible for ensuring
 1304  compliance with the requirements of s. 553.899. The association
 1305  is responsible for all costs associated with the milestone
 1306  inspection attributable to the portions of the building which
 1307  the association is responsible to maintain under the governing
 1308  documents of the association. If the officers or directors of an
 1309  association willfully and knowingly fail to have a milestone
 1310  inspection performed pursuant to s. 553.899, such failure is a
 1311  breach of the officers’ and directors’ fiduciary relationship to
 1312  the unit owners under s. 719.104(9)(a) s. 719.104(8)(a). Within
 1313  30 days after receiving Upon completion of a phase one or phase
 1314  two milestone inspection and receipt of the inspector-prepared
 1315  summary of the inspection report from the architect or engineer
 1316  who performed the inspection, the association must distribute a
 1317  copy of the inspector-prepared summary of the inspection report
 1318  to each unit owner, regardless of the findings or
 1319  recommendations in the report, by United States mail or personal
 1320  delivery at the mailing address, property address, or any other
 1321  address of the owner provided to fulfill the association’s
 1322  notice requirements under this chapter and by electronic
 1323  transmission to the e-mail address or facsimile number provided
 1324  to fulfill the association’s notice requirements to unit owners
 1325  who previously consented to receive notice by electronic
 1326  transmission; must post a copy of the inspector-prepared summary
 1327  in a conspicuous place on the cooperative property; and must
 1328  publish the full report and inspector-prepared summary on the
 1329  association’s website, if the association is required to have a
 1330  website.
 1331         Section 13. Paragraph (b) of subsection (1) of section
 1332  719.503, Florida Statutes, is amended, paragraph (d) is added to
 1333  that subsection, and paragraph (d) is added to subsection (2) of
 1334  that section, to read:
 1335         719.503 Disclosure prior to sale.—
 1336         (1) DEVELOPER DISCLOSURE.—
 1337         (b) Copies of documents to be furnished to prospective
 1338  buyer or lessee.—Until such time as the developer has furnished
 1339  the documents listed below to a person who has entered into a
 1340  contract to purchase a unit or lease it for more than 5 years,
 1341  the contract may be voided by that person, entitling the person
 1342  to a refund of any deposit together with interest thereon as
 1343  provided in s. 719.202. The contract may be terminated by
 1344  written notice from the proposed buyer or lessee delivered to
 1345  the developer within 15 days after the buyer or lessee receives
 1346  all of the documents required by this section. The developer may
 1347  not close for 15 days after the execution of the agreement and
 1348  delivery of the documents to the buyer as evidenced by a receipt
 1349  for documents signed by the buyer unless the buyer is informed
 1350  in the 15-day voidability period and agrees to close before the
 1351  expiration of the 15 days. The developer shall retain in his or
 1352  her records a separate signed agreement as proof of the buyer’s
 1353  agreement to close before the expiration of the voidability
 1354  period. The developer must retain such proof for a period of 5
 1355  years after the date of the closing transaction. The documents
 1356  to be delivered to the prospective buyer are the prospectus or
 1357  disclosure statement with all exhibits, if the development is
 1358  subject to s. 719.504, or, if not, then copies of the following
 1359  which are applicable:
 1360         1. The question and answer sheet described in s. 719.504,
 1361  and cooperative documents, or the proposed cooperative documents
 1362  if the documents have not been recorded, which shall include the
 1363  certificate of a surveyor approximately representing the
 1364  locations required by s. 719.104.
 1365         2. The documents creating the association.
 1366         3. The bylaws.
 1367         4. The ground lease or other underlying lease of the
 1368  cooperative.
 1369         5. The management contract, maintenance contract, and other
 1370  contracts for management of the association and operation of the
 1371  cooperative and facilities used by the unit owners having a
 1372  service term in excess of 1 year, and any management contracts
 1373  that are renewable.
 1374         6. The estimated operating budget for the cooperative and a
 1375  schedule of expenses for each type of unit, including fees
 1376  assessed to a shareholder who has exclusive use of limited
 1377  common areas, where such costs are shared only by those entitled
 1378  to use such limited common areas.
 1379         7. The lease of recreational and other facilities that will
 1380  be used only by unit owners of the subject cooperative.
 1381         8. The lease of recreational and other common areas that
 1382  will be used by unit owners in common with unit owners of other
 1383  cooperatives.
 1384         9. The form of unit lease if the offer is of a leasehold.
 1385         10. Any declaration of servitude of properties serving the
 1386  cooperative but not owned by unit owners or leased to them or
 1387  the association.
 1388         11. If the development is to be built in phases or if the
 1389  association is to manage more than one cooperative, a
 1390  description of the plan of phase development or the arrangements
 1391  for the association to manage two or more cooperatives.
 1392         12. If the cooperative is a conversion of existing
 1393  improvements, the statements and disclosure required by s.
 1394  719.616.
 1395         13. The form of agreement for sale or lease of units.
 1396         14. A copy of the floor plan of the unit and the plot plan
 1397  showing the location of the residential buildings and the
 1398  recreation and other common areas.
 1399         15. A copy of all covenants and restrictions that will
 1400  affect the use of the property and are not contained in the
 1401  foregoing.
 1402         16. If the developer is required by state or local
 1403  authorities to obtain acceptance or approval of any dock or
 1404  marina facilities intended to serve the cooperative, a copy of
 1405  any such acceptance or approval acquired by the time of filing
 1406  with the division pursuant to s. 719.502(1) or a statement that
 1407  such acceptance or approval has not been acquired or received.
 1408         17. Evidence demonstrating that the developer has an
 1409  ownership, leasehold, or contractual interest in the land upon
 1410  which the cooperative is to be developed.
 1411         18. A copy of the inspector-prepared summary of the
 1412  milestone inspection report as described in ss. 553.899 and
 1413  719.301(4)(p), or a statement in conspicuous type indicating
 1414  that the required milestone inspection described in ss. 553.899
 1415  and 719.301(4)(p) has not been completed or that a milestone
 1416  inspection is not required, as if applicable.
 1417         19. A copy of the association’s most recent structural
 1418  integrity reserve study or a statement in conspicuous type
 1419  indicating that the association has not completed a required
 1420  structural integrity reserve study has not been completed or
 1421  that a structural integrity reserve study is not required, as
 1422  applicable.
 1423         (d)Milestone inspection or structural integrity reserve
 1424  study.—If the association is required to have completed a
 1425  milestone inspection as described in ss. 553.899 and
 1426  719.301(4)(p) or a structural integrity reserve study, and the
 1427  association has failed to complete the milestone inspection or
 1428  the structural integrity reserve study, each contract entered
 1429  into after December 31, 2024, for the sale of a residential unit
 1430  shall contain in conspicuous type a statement indicating that
 1431  the association is required to have a milestone inspection or a
 1432  structural integrity reserve study and has failed to complete
 1433  such inspection or study, as appropriate. If the association is
 1434  not required to have a milestone inspection as described in ss.
 1435  553.899 and 719.301(4)(p) or a structural integrity reserve
 1436  study, each contract entered into after December 31, 2024, for
 1437  the sale of a residential unit shall contain in conspicuous type
 1438  a statement indicating that the association is not required to
 1439  have a milestone inspection or a structural integrity reserve
 1440  study, as appropriate. If the association is required to have
 1441  completed a milestone inspection as described in ss. 553.899 and
 1442  719.301(4)(p) or a structural integrity reserve study, each
 1443  contract entered into after December 31, 2024, for the sale of a
 1444  residential unit shall contain in conspicuous type:
 1445         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1446  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1447  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1448  IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A
 1449  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1450  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1451  719.106(1)(k), FLORIDA STATUTES, MORE THAN 15 DAYS, EXCLUDING
 1452  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
 1453  THIS CONTRACT; and
 1454         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1455  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1456  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1457  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1458  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1459  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1460  IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A
 1461  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1462  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1463  719.106(1)(k), FLORIDA STATUTES. ANY PURPORTED WAIVER OF THESE
 1464  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
 1465  TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 DAYS,
 1466  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE
 1467  BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED SUMMARY
 1468  OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTIONS
 1469  553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A COPY OF THE
 1470  ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY RESERVE STUDY
 1471  DESCRIBED IN SECTIONS 719.103(24) AND 719.106(1)(k), FLORIDA
 1472  STATUTES, IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS
 1473  AGREEMENT SHALL TERMINATE AT CLOSING.
 1474  
 1475  A contract that does not conform to the requirements of this
 1476  paragraph is voidable at the option of the purchaser prior to
 1477  closing.
 1478         (2) NONDEVELOPER DISCLOSURE.—
 1479         (d)If the association is required to have completed a
 1480  milestone inspection as described in ss. 553.899 and
 1481  719.301(4)(p) or a structural integrity reserve study, and the
 1482  association has failed to complete the milestone inspection or
 1483  the structural integrity reserve study, each contract entered
 1484  into after December 31, 2024, for the sale of a residential unit
 1485  shall contain in conspicuous type a statement indicating that
 1486  the association is required to have a milestone inspection or a
 1487  structural integrity reserve study and has failed to complete
 1488  such inspection or study, as appropriate. If the association is
 1489  not required to have a milestone inspection as described in ss.
 1490  553.899 and 719.301(4)(p) or a structural integrity reserve
 1491  study, each contract entered into after December 31, 2024, for
 1492  the sale of a residential unit shall contain in conspicuous type
 1493  a statement indicating that the association is not required to
 1494  have a milestone inspection or a structural integrity reserve
 1495  study, as appropriate. If the association is required to have
 1496  completed a milestone inspection as described in ss. 553.899 and
 1497  719.301(4)(p) or a structural integrity reserve study, each
 1498  contract entered into after December 31, 2024, for the resale of
 1499  a residential unit shall contain in conspicuous type:
 1500         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1501  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1502  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1503  IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A
 1504  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1505  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1506  719.106(1)(k), FLORIDA STATUTES, MORE THAN 3 DAYS, EXCLUDING
 1507  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
 1508  THIS CONTRACT; and
 1509         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1510  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1511  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1512  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1513  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1514  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1515  IN SECTIONS 553.899 AND 719.301(4)(p), FLORIDA STATUTES; AND A
 1516  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1517  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1518  719.106(1)(k), FLORIDA STATUTES. ANY PURPORTED WAIVER OF THESE
 1519  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE
 1520  TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING
 1521  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES
 1522  A CURRENT COPY OF THE INSPECTOR-PREPARED SUMMARY OF THE
 1523  MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTIONS 553.899 AND
 1524  719.301(4)(p), FLORIDA STATUTES; AND A COPY OF THE ASSOCIATION’S
 1525  MOST RECENT STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN
 1526  SECTIONS 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
 1527  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 1528  TERMINATE AT CLOSING.
 1529  
 1530  A contract that does not conform to the requirements of this
 1531  paragraph is voidable at the option of the purchaser prior to
 1532  closing.
 1533         Section 14. Subsection (2) of section 558.002, Florida
 1534  Statutes, is amended to read:
 1535         558.002 Definitions.—As used in this chapter, the term:
 1536         (2) “Association” has the same meaning as in s. 718.103 s.
 1537  718.103(2), s. 719.103(2), s. 720.301(9), or s. 723.075.
 1538         Section 15. Paragraph (b) of subsection (1) of section
 1539  718.116, Florida Statutes, is amended to read:
 1540         718.116 Assessments; liability; lien and priority;
 1541  interest; collection.—
 1542         (1)
 1543         (b)1. The liability of a first mortgagee or its successor
 1544  or assignees who acquire title to a unit by foreclosure or by
 1545  deed in lieu of foreclosure for the unpaid assessments that
 1546  became due before the mortgagee’s acquisition of title is
 1547  limited to the lesser of:
 1548         a. The unit’s unpaid common expenses and regular periodic
 1549  assessments which accrued or came due during the 12 months
 1550  immediately preceding the acquisition of title and for which
 1551  payment in full has not been received by the association; or
 1552         b. One percent of the original mortgage debt. The
 1553  provisions of this paragraph apply only if the first mortgagee
 1554  joined the association as a defendant in the foreclosure action.
 1555  Joinder of the association is not required if, on the date the
 1556  complaint is filed, the association was dissolved or did not
 1557  maintain an office or agent for service of process at a location
 1558  which was known to or reasonably discoverable by the mortgagee.
 1559         2. An association, or its successor or assignee, that
 1560  acquires title to a unit through the foreclosure of its lien for
 1561  assessments is not liable for any unpaid assessments, late fees,
 1562  interest, or reasonable attorney’s fees and costs that came due
 1563  before the association’s acquisition of title in favor of any
 1564  other association, as defined in s. 718.103 s. 718.103(2) or s.
 1565  720.301(9), which holds a superior lien interest on the unit.
 1566  This subparagraph is intended to clarify existing law.
 1567         Section 16. Paragraph (d) of subsection (2) of section
 1568  720.3085, Florida Statutes, is amended to read:
 1569         720.3085 Payment for assessments; lien claims.—
 1570         (2)
 1571         (d) An association, or its successor or assignee, that
 1572  acquires title to a parcel through the foreclosure of its lien
 1573  for assessments is not liable for any unpaid assessments, late
 1574  fees, interest, or reasonable attorney’s fees and costs that
 1575  came due before the association’s acquisition of title in favor
 1576  of any other association, as defined in s. 718.103 s. 718.103(2)
 1577  or s. 720.301(9), which holds a superior lien interest on the
 1578  parcel. This paragraph is intended to clarify existing law.
 1579         Section 17. Effective July 1, 2027, for the purpose of
 1580  incorporating the amendments made by this act to section
 1581  718.1255, Florida Statutes, in a reference thereto, section
 1582  719.1255, Florida Statutes, is reenacted to read:
 1583         719.1255 Alternative resolution of disputes.—The Division
 1584  of Florida Condominiums, Timeshares, and Mobile Homes of the
 1585  Department of Business and Professional Regulation shall provide
 1586  for alternative dispute resolution in accordance with s.
 1587  718.1255.
 1588         Section 18. Paragraph (f) of subsection (1) of section
 1589  718.501, Florida Statutes, is reenacted to read:
 1590         718.501 Authority, responsibility, and duties of Division
 1591  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1592         (1) The division may enforce and ensure compliance with
 1593  this chapter and rules relating to the development,
 1594  construction, sale, lease, ownership, operation, and management
 1595  of residential condominium units and complaints related to the
 1596  procedural completion of milestone inspections under s. 553.899.
 1597  In performing its duties, the division has complete jurisdiction
 1598  to investigate complaints and enforce compliance with respect to
 1599  associations that are still under developer control or the
 1600  control of a bulk assignee or bulk buyer pursuant to part VII of
 1601  this chapter and complaints against developers, bulk assignees,
 1602  or bulk buyers involving improper turnover or failure to
 1603  turnover, pursuant to s. 718.301. However, after turnover has
 1604  occurred, the division has jurisdiction to investigate
 1605  complaints related only to financial issues, elections, and the
 1606  maintenance of and unit owner access to association records
 1607  under s. 718.111(12), and the procedural completion of
 1608  structural integrity reserve studies under s. 718.112(2)(g).
 1609         (f) The division may adopt rules to administer and enforce
 1610  this chapter.
 1611         Section 19. Paragraph (f) of subsection (1) of section
 1612  719.501, Florida Statutes, is reenacted to read:
 1613         719.501 Powers and duties of Division of Florida
 1614  Condominiums, Timeshares, and Mobile Homes.—
 1615         (1) The Division of Florida Condominiums, Timeshares, and
 1616  Mobile Homes of the Department of Business and Professional
 1617  Regulation, referred to as the “division” in this part, in
 1618  addition to other powers and duties prescribed by chapter 718,
 1619  has the power to enforce and ensure compliance with this chapter
 1620  and adopted rules relating to the development, construction,
 1621  sale, lease, ownership, operation, and management of residential
 1622  cooperative units; complaints related to the procedural
 1623  completion of the structural integrity reserve studies under s.
 1624  719.106(1)(k); and complaints related to the procedural
 1625  completion of milestone inspections under s. 553.899. In
 1626  performing its duties, the division shall have the following
 1627  powers and duties:
 1628         (f) The division has authority to adopt rules pursuant to
 1629  ss. 120.536(1) and 120.54 to implement and enforce the
 1630  provisions of this chapter.
 1631         Section 20. For the 2023-2024 fiscal year, the sums of
 1632  $1,301,928 in recurring funds and $67,193 in nonrecurring funds
 1633  from the Division of Florida Condominiums, Timeshares, and
 1634  Mobile Homes Trust Fund are appropriated to the Department of
 1635  Business and Professional Regulation, and 10 full-time
 1636  equivalent positions with associated salary rate of 487,264 are
 1637  authorized for the purpose of implementing this act.
 1638         Section 21. Except as otherwise expressly provided in this
 1639  act, this act shall take effect upon becoming a law.