CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Dudley moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 7, line 13, through

15            page 15, line 2, delete those lines

16

17  and insert:

18         Section 2.  Subsections (6) and (11), paragraph (c) of

19  subsection (12), and subsection (15) of section 718.111,

20  Florida Statutes, are amended to read:

21         718.111  The association.--

22         (6)  OPERATION OF PHASE CONDOMINIUMS CREATED PRIOR TO

23  1977.--Notwithstanding any provision of this chapter, an

24  association may operate two or more residential condominiums

25  in which the initial condominium declaration was recorded

26  prior to January 1, 1977, a phase project initially created

27  pursuant to former s. 711.64 and may continue to so operate

28  such condominiums project as though it were a single

29  condominium for purposes of financial matters, including

30  budgets, assessments, accounting, recordkeeping, and similar

31  matters, if provision is made for such consolidated operation

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  in the applicable declarations of each such condominium as

 2  initially recorded or in the bylaws as initially adopted. An

 3  association for such condominiums may also provide for

 4  consolidated financial operation as described in this section

 5  either by amending its declaration pursuant to s.

 6  718.110(1)(a) or by amending its bylaws and having the

 7  amendment approved by not less than two-thirds of the total

 8  voting interests. Notwithstanding any provision in this

 9  chapter, common expenses for residential condominiums in such

10  a project being operated by a single association may be

11  assessed against all unit owners in such project pursuant to

12  the proportions or percentages established therefor in the

13  declarations as initially recorded or in the bylaws as

14  initially adopted, subject, however, to the limitations of ss.

15  718.116 and 718.302.

16         (11)  INSURANCE.--

17         (a)  A unit-owner controlled The association shall use

18  its best efforts to obtain and maintain adequate insurance to

19  protect the association, the association property, the common

20  elements, and the condominium property required to be insured

21  by the association pursuant to paragraph (b). If the

22  association is developer-controlled, the association shall

23  exercise due diligence to obtain and maintain such insurance.

24  Failure to obtain and maintain adequate insurance during any

25  period of developer control shall constitute a breach of

26  fiduciary responsibility by the developer appointed members of

27  the board of directors of the association, unless said members

28  can show that despite such failure, they have exercised due

29  diligence. An The association may also obtain and maintain

30  liability insurance for directors and officers, insurance for

31  the benefit of association employees, and flood insurance for

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  common elements, association property, and units.  An

 2  association or group of associations may self-insure against

 3  claims against the association, the association property, and

 4  the condominium property required to be insured by an

 5  association, upon compliance with ss. 624.460-624.488.  A copy

 6  of each policy of insurance in effect shall be made available

 7  for inspection by unit owners at reasonable times.

 8         (b)  Every hazard policy which is issued to protect a

 9  condominium building shall provide that the word "building"

10  wherever used in the policy include, but not necessarily be

11  limited to, fixtures, installations, or additions comprising

12  that part of the building within the unfinished interior

13  surfaces of the perimeter walls, floors, and ceilings of the

14  individual units initially installed, or replacements thereof

15  of like kind or quality, in accordance with the original plans

16  and specifications, or as they existed at the time the unit

17  was initially conveyed if the original plans and

18  specifications are not available.  However, unless prior to

19  October 1, 1986, the association is required by the

20  declaration to provide coverage therefor, the word "building"

21  does not include unit floor coverings, wall coverings, or

22  ceiling coverings, and, as to contracts entered into after

23  July 1, 1992, does not include the following equipment if it

24  is located within a unit and the unit owner is required to

25  repair or replace such equipment: electrical fixtures,

26  appliances, air conditioner or heating equipment, water

27  heaters, or built-in cabinets.  With respect to the coverage

28  provided for by this paragraph, the unit owners shall be

29  considered additional insureds under the policy.

30         (c)  Every insurance policy issued to an individual

31  unit owner shall provide that the coverage afforded by such

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  policy is excess over the amount recoverable under any other

 2  policy covering the same property without rights of

 3  subrogation against the association.

 4         (d)  The association shall obtain and maintain adequate

 5  insurance or fidelity bonding of all persons who control or

 6  disburse funds of the association. The insurance policy or

 7  fidelity bond must cover the maximum funds that will be in the

 8  custody of the association or its management agent at any one

 9  time. As used in this paragraph, the term "persons who control

10  or disburse funds of the association" includes, but is not

11  limited to, those individuals authorized to sign checks and

12  the president, secretary, and treasurer of the association.

13  The association shall bear the cost of bonding.

14         (12)  OFFICIAL RECORDS.--

15         (c)  The official records of the association are open

16  to inspection by any association member or the authorized

17  representative of such member at all reasonable times.  The

18  right to inspect the records includes the right to make or

19  obtain copies, at the reasonable expense, if any, of the

20  association member.  The association may adopt reasonable

21  rules regarding the frequency, time, location, notice, and

22  manner of record inspections and copying.  The failure of an

23  association to provide the records within 10 working days

24  after receipt of a written request shall create a rebuttable

25  presumption that the association willfully failed to comply

26  with this paragraph.  A unit owner who is denied access to

27  official records is entitled to the actual damages or minimum

28  damages for the association's willful failure to comply with

29  this paragraph.  The minimum damages shall be $50 per calendar

30  day up to 10 days, the calculation to begin on the 11th

31  working day after receipt of the written request.  The failure

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  to permit inspection of the association records as provided

 2  herein entitles any person prevailing in an enforcement action

 3  to recover reasonable attorney's fees from the person in

 4  control of the records who, directly or indirectly, knowingly

 5  denied access to the records for inspection.  The association

 6  shall maintain an adequate number of copies of the

 7  declaration, articles of incorporation, bylaws, and rules, and

 8  all amendments to each of the foregoing, as well as the

 9  question and answer sheet provided for in s. 718.504 and

10  year-end financial information required in this section on the

11  condominium property to ensure their availability to unit

12  owners and prospective purchasers, and may charge its actual

13  costs for preparing and furnishing these documents to those

14  requesting the same.  Notwithstanding the provisions of this

15  paragraph, the following records shall not be accessible to

16  unit owners:

17         1.  A record which was prepared by an association

18  attorney or prepared at the attorney's express direction,

19  which reflects a mental impression, conclusion, litigation

20  strategy, or legal theory of the attorney or the association,

21  and which was prepared exclusively for civil or criminal

22  litigation or for adversarial administrative proceedings, or

23  which was prepared in anticipation of imminent civil or

24  criminal litigation or imminent adversarial administrative

25  proceedings until the conclusion of the litigation or

26  adversarial administrative proceedings.

27         2.  Information obtained by an association in

28  connection with the approval of the lease, sale, or other

29  transfer of a unit.

30         3.  Medical records of unit owners.

31         (15)  COMMINGLING.--All funds shall be maintained

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  separately in the association's name.  Reserve and operating

 2  funds of the association shall not be commingled unless

 3  combined for investment purposes. This subsection is not meant

 4  to prohibit prudent investment of association funds even if

 5  combined with operating or other reserve funds of the same

 6  association, but such funds must be accounted for separately,

 7  and the combined account balance may not, at any time, be less

 8  than the amount identified as reserve funds in the combined

 9  account. No manager or business entity required to be licensed

10  or registered under s. 468.432, and no agent, employee,

11  officer, or director of a condominium association shall

12  commingle any association funds with his or her funds or with

13  the funds of any other condominium association or community

14  association as defined in s. 468.431.

15         Section 3.  Subsection (2) of section 718.112, Florida

16  Statutes, is amended to read:

17         718.112  Bylaws.--

18         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

19  the following and, if they do not do so, shall be deemed to

20  include the following:

21         (a)  Administration.--

22         1.  The form of administration of the association shall

23  be described indicating the title of the officers and board of

24  administration and specifying the powers, duties, manner of

25  selection and removal, and compensation, if any, of officers

26  and boards. In the absence of such a provision, the board of

27  administration shall be composed of five members, except in

28  the case of a condominium which has five or fewer units, in

29  which case in a not-for-profit corporation the board shall

30  consist of not fewer than three members. In the absence of

31  provisions to the contrary in the bylaws, the board of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  administration shall have a president, a secretary, and a

 2  treasurer, who shall perform the duties of such officers

 3  customarily performed by officers of corporations. Unless

 4  prohibited in the bylaws, the board of administration may

 5  appoint other officers and grant them the duties it deems

 6  appropriate. Unless otherwise provided in the bylaws, the

 7  officers shall serve without compensation and at the pleasure

 8  of the board of administration. Unless otherwise provided in

 9  the bylaws, the members of the board shall serve without

10  compensation.

11         2.  When a unit owner files a written inquiry by

12  certified mail with the board of administration, the board

13  shall respond in writing to the unit owner within 30 days of

14  receipt of the inquiry.  The board's response shall either

15  give a substantive response to the inquirer, notify the

16  inquirer that a legal opinion has been requested, or notify

17  the inquirer that advice has been requested from the division.

18  If the board requests advice from the division, the board

19  shall, within 10 days of its receipt of the advice, provide in

20  writing a substantive response to the inquirer. If a legal

21  opinion is requested, the board shall, within 60 days after

22  the receipt of the inquiry, provide in writing a substantive

23  response to the inquiry.  The failure to provide a substantive

24  response to the inquiry as provided herein precludes the board

25  from recovering attorney's fees and costs in any subsequent

26  litigation, administrative proceeding, or arbitration arising

27  out of the inquiry. The association may through its board of

28  administration adopt reasonable rules and regulations

29  regarding the frequency and manner of responding to unit owner

30  inquiries, one of which may be that the association is only

31  obligated to respond to one written inquiry per unit in any

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  given 30-day period.  In such a case, any additional inquiry

 2  or inquiries must be responded to in the subsequent 30-day

 3  period, or periods, as applicable.

 4         (b)  Quorum; voting requirements; proxies.--

 5         1.  Unless a lower number is provided in the bylaws,

 6  the percentage of voting interests required to constitute a

 7  quorum at a meeting of the members shall be a majority of the

 8  voting interests. Unless otherwise provided in this chapter or

 9  in the declaration, articles of incorporation, or bylaws, and

10  except as provided in subparagraph (d)3., decisions shall be

11  made by owners of a majority of the voting interests

12  represented at a meeting at which a quorum is present.

13         2.  Except as specifically otherwise provided herein,

14  after January 1, 1992, unit owners may not vote by general

15  proxy, but may vote by limited proxies substantially

16  conforming to a limited proxy form adopted by the division.

17  Limited proxies and general proxies may be used to establish a

18  quorum.  Limited proxies shall be used for votes taken to

19  waive or reduce reserves in accordance with subparagraph

20  (f)2.; for votes taken to waive financial statement

21  requirements as provided by s. 718.111(14); for votes taken to

22  amend the declaration pursuant to s. 718.110; for votes taken

23  to amend the articles of incorporation or bylaws pursuant to

24  this section; and for any other matter for which this chapter

25  requires or permits a vote of the unit owners.  Except as

26  provided in paragraph (d), after January 1, 1992, no proxy,

27  limited or general, shall be used in the election of board

28  members. General proxies may be used for other matters for

29  which limited proxies are not required, and may also be used

30  in voting for nonsubstantive changes to items for which a

31  limited proxy is required and given. Notwithstanding the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  provisions of this subparagraph, unit owners may vote in

 2  person at unit owner meetings.  Nothing contained herein shall

 3  limit the use of general proxies or require the use of limited

 4  proxies for any agenda item or election at any meeting of a

 5  timeshare condominium association.

 6         3.  Any proxy given shall be effective only for the

 7  specific meeting for which originally given and any lawfully

 8  adjourned meetings thereof.  In no event shall any proxy be

 9  valid for a period longer than 90 days after the date of the

10  first meeting for which it was given.  Every proxy is

11  revocable at any time at the pleasure of the unit owner

12  executing it.

13         (c)  Board of administration meetings.--Meetings of the

14  board of administration at which a quorum of the members is

15  present shall be open to all unit owners.  Any unit owner may

16  tape record or videotape meetings of the board of

17  administration.  The right to attend such meetings includes

18  the right to speak at such meetings with reference to all

19  designated agenda items.  The division shall adopt reasonable

20  rules governing the tape recording and videotaping of the

21  meeting.  The association may adopt reasonable rules governing

22  the frequency, duration, and manner of unit owner statements.

23  Adequate notice of all meetings, which notice shall

24  specifically incorporate an identification of agenda items,

25  shall be posted conspicuously on the condominium property at

26  least 48 continuous hours preceding the meeting except in an

27  emergency.  Any item not included on the notice may be taken

28  up on an emergency basis by at least a majority plus one of

29  the members of the board. Such emergency action shall be

30  noticed and ratified at the next regular meeting of the board.

31  However, written notice of any meeting at which nonemergency

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  special assessments, or at which amendment to rules regarding

 2  unit use, will be considered shall be mailed or delivered to

 3  the unit owners and posted conspicuously on the condominium

 4  property not less than 14 days prior to the meeting. Evidence

 5  of compliance with this 14-day notice shall be made by an

 6  affidavit executed by the person providing the notice and

 7  filed among the official records of the association.  Upon

 8  notice to the unit owners, the board shall by duly adopted

 9  rule designate a specific location on the condominium property

10  or association property upon which all notices of board

11  meetings shall be posted. If there is no condominium property

12  or association property upon which notices can be posted,

13  notices of board meetings shall be mailed or delivered at

14  least 14 days before the meeting to the owner of each unit.

15  Notice of any meeting in which regular assessments against

16  unit owners are to be considered for any reason shall

17  specifically contain a statement that assessments will be

18  considered and the nature of any such assessments. Meetings of

19  a committee to take final action on behalf of the board or

20  make recommendations to the board regarding the association

21  budget are subject to the provisions of this paragraph.

22  Meetings of a committee that does not take final action on

23  behalf of the board or make recommendations to the board

24  regarding the association budget are subject to the provisions

25  of this section, unless those meetings are exempted from this

26  section by the bylaws of the association.  Notwithstanding any

27  other law, the requirement that board meetings and committee

28  meetings be open to the unit owners is inapplicable to

29  meetings between the board or a committee and the

30  association's attorney, with respect to proposed or pending

31  litigation, when the meeting is held for the purpose of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  seeking or rendering legal advice.

 2         (d)  Unit owner meetings.--

 3         1.  There shall be an annual meeting of the unit

 4  owners. Unless the bylaws provide otherwise, a vacancy on the

 5  board of administration caused by the expiration of a

 6  director's term shall be filled by electing a new board

 7  member, and the election shall be by secret closed ballot;

 8  however, if the number of vacancies equals or exceeds the

 9  number of candidates there is only one candidate for election

10  to fill the vacancy, no election is required. If there is no

11  provision in the bylaws for terms of the members of the board

12  of administration, the terms of all members of the board of

13  administration shall expire upon the election of their

14  successors at the annual meeting. Any unit owner desiring to

15  be a candidate for board membership shall comply with

16  subparagraph 3. In order to be eligible for board membership a

17  person must meet the requirements set forth in the

18  declaration. A person who has been convicted of any felony by

19  any court of record in the United States and who has not had

20  his or her right to vote restored pursuant to law in the

21  jurisdiction of his or her residence is not eligible for board

22  membership. The validity of an action by the board is not

23  affected if it is later determined that a member of the board

24  is ineligible for board membership due to having been

25  convicted of a felony.

26         2.  The bylaws shall provide the method of calling

27  meetings of unit owners, including annual meetings. Written

28  notice, which notice must include an agenda, shall be mailed

29  or delivered to each unit owner at least 14 days prior to the

30  annual meeting and shall be posted in a conspicuous place on

31  the condominium property at least 14 continuous days preceding

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  the annual meeting. Upon notice to the unit owners, the board

 2  shall by duly adopted rule designate a specific location on

 3  the condominium property or association property upon which

 4  all notices of unit owner meetings shall be posted; however,

 5  if there is no condominium property or association property

 6  upon which notices can be posted, this requirement does not

 7  apply. Unless a unit owner waives in writing the right to

 8  receive notice of the annual meeting by mail, the notice of

 9  the annual meeting shall be sent by mail to each unit owner.

10  Where a unit is owned by more than one person, the association

11  shall provide notice, for meetings and all other purposes, to

12  that one address which the developer initially identifies for

13  that purpose and thereafter as one or more of the owners of

14  the unit shall so advise the association in writing, or if no

15  address is given or the owners of the unit do not agree, to

16  the address provided on the deed of record. An officer of the

17  association, or the manager or other person providing notice

18  of the association meeting, shall provide an affidavit or

19  United States Postal Service certificate of mailing, to be

20  included in the official records of the association affirming

21  that the notice was mailed or hand delivered, in accordance

22  with this provision, to each unit owner at the address last

23  furnished to the association.

24         3.  After January 1, 1992, The members of the board of

25  administration shall be elected by written ballot or voting

26  machine. Proxies shall in no event be used in electing the

27  board of administration, either in general elections or

28  elections to fill vacancies caused by recall, resignation, or

29  otherwise, unless otherwise provided in this chapter. Not less

30  than 60 days before a scheduled election, the association

31  shall mail or deliver, whether by separate association mailing

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  or included in another association mailing or delivery

 2  including regularly published newsletters, to each unit owner

 3  entitled to a vote, a first notice of the date of the

 4  election. Any unit owner or other eligible person desiring to

 5  be a candidate for the board of administration must give

 6  written notice to the association not less than 40 days before

 7  a scheduled election.  Together with the written notice and

 8  agenda as set forth in subparagraph 2., the association shall

 9  mail or deliver a second notice of the election to all unit

10  owners entitled to vote therein, together with a ballot which

11  shall list all candidates. Upon request of a candidate, the

12  association shall include an information sheet, no larger than

13  8 1/2  inches by 11 inches, which must be furnished by the

14  candidate not less than 35 days before the election, to be

15  included with the mailing of the ballot, with the costs of

16  mailing or delivery and copying to be borne by the

17  association. However, the association has no liability for the

18  contents of the information sheets prepared by the candidates.

19  In order to reduce costs, the association may print or

20  duplicate the information sheets on both sides of the paper.

21  The division shall by rule establish voting procedures

22  consistent with the provisions contained herein, including

23  rules providing for the secrecy of ballots.  Elections shall

24  be decided by a plurality of those ballots cast. There shall

25  be no quorum requirement; however, at least 20 percent of the

26  eligible voters must cast a ballot in order to have a valid

27  election of members of the board of administration. No unit

28  owner shall permit any other person to vote his or her ballot,

29  and any such ballots improperly cast shall be deemed invalid.

30  A unit owner who needs assistance in casting the ballot for

31  the reasons stated in s. 101.051 may obtain assistance in

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  casting the ballot. Any unit owner violating this provision

 2  may be fined by the association in accordance with s. 718.303.

 3  The regular election shall occur on the date of the annual

 4  meeting. The provisions of this subparagraph shall not apply

 5  to timeshare condominium associations. Notwithstanding the

 6  provisions of this subparagraph, an election and balloting are

 7  not required unless more candidates file notices of intent to

 8  run or are nominated than vacancies exist on the board.

 9         4.  Any approval by unit owners called for by this

10  chapter or the applicable declaration or bylaws, including,

11  but not limited to, the approval requirement in s. 718.111(8),

12  shall be made at a duly noticed meeting of unit owners and

13  shall be subject to all requirements of this chapter or the

14  applicable condominium documents relating to unit owner

15  decisionmaking, except that unit owners may take action by

16  written agreement, without meetings, on matters for which

17  action by written agreement without meetings is expressly

18  allowed by the applicable bylaws or declaration or any statute

19  that which provides for such action.

20         5.  Unit owners may waive notice of specific meetings

21  if allowed by the applicable bylaws or declaration or any

22  statute.

23         6.  Unit owners shall have the right to participate in

24  meetings of unit owners with reference to all designated

25  agenda items. However, the association may adopt reasonable

26  rules governing the frequency, duration, and manner of unit

27  owner participation.

28         7.  Any unit owner may tape record or videotape a

29  meeting of the unit owners subject to reasonable rules adopted

30  by the division.

31         8.  Unless otherwise provided in the bylaws, any

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  vacancy occurring on the board before the expiration of a term

 2  may be filled by the affirmative vote of the majority of the

 3  remaining directors, even if the remaining directors

 4  constitute less than a quorum, or by the sole remaining

 5  director. In the alternative, a board may hold an election to

 6  fill the vacancy, in which case the election procedures must

 7  conform to the requirements of subparagraph 3. unless the

 8  association has opted out of the statutory election process,

 9  in which case the bylaws of the association control. Unless

10  otherwise provided in the bylaws, a board member appointed or

11  elected under this section shall fill the vacancy for the

12  unexpired term of the seat being filled. Filling vacancies

13  created by recall is governed by paragraph (j) and rules

14  adopted by the division.

15

16  Notwithstanding subparagraphs (b)2. and (d)3., an association

17  may, by the affirmative vote of a majority of the total voting

18  interests, provide for different voting and election

19  procedures in its bylaws, which vote may be by a proxy

20  specifically delineating the different voting and election

21  procedures. The different voting and election procedures may

22  provide for elections to be conducted by limited or general

23  proxy.

24         (e)  Budget meeting.--The board of administration shall

25  mail or hand deliver to each unit owner, or mail to each unit

26  owner at the address last furnished to the association, a

27  meeting notice and copies of the proposed annual budget of

28  common expenses not less than 14 days prior to the meeting of

29  the unit owners or the board of administration at which the

30  budget will be considered. Evidence of compliance with this

31  14-day notice must be made by an affidavit executed by an

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  officer of the association or the manager or other person

 2  providing notice of the meeting and filed among the official

 3  records of the association.  The meeting must be open to the

 4  unit owners.  If an adopted budget requires assessments

 5  against the unit owners in any fiscal or calendar year which

 6  exceed 115 percent of the assessments for the preceding year,

 7  the board, upon written application of 10 percent of the

 8  voting interests to the board, shall call a special meeting of

 9  the unit owners within 30 days upon not less than 10 days'

10  written notice to each unit owner.  At the special meeting,

11  unit owners shall consider and enact a budget.  Unless the

12  bylaws require a larger vote, the adoption of the budget

13  requires a vote of not less than a majority vote of all the

14  voting interests. The board of administration may propose a

15  budget to the unit owners at a meeting of members or in

16  writing, and if the budget or proposed budget is approved by

17  the unit owners at the meeting or by a majority of all the

18  voting interests in writing, the budget is adopted. If a

19  meeting of the unit owners has been called and a quorum is not

20  attained or a substitute budget is not adopted by the unit

21  owners, the budget adopted by the board of directors goes into

22  effect as scheduled.  In determining whether assessments

23  exceed 115 percent of similar assessments in prior years, any

24  authorized provisions for reasonable reserves for repair or

25  replacement of the condominium property, anticipated expenses

26  by the condominium association which are not anticipated to be

27  incurred on a regular or annual basis, or assessments for

28  betterments to the condominium property must be excluded from

29  the computation.  However, as long as the developer is in

30  control of the board of administration, the board may not

31  impose an assessment for any year greater than 115 percent of

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  the prior fiscal or calendar year's assessment without

 2  approval of a majority of all the voting interests.

 3         (f)  Annual budget.--

 4         1.  The proposed annual budget of common expenses shall

 5  be detailed and shall show the amounts budgeted by accounts

 6  and expense classifications, including, if applicable, but not

 7  limited to, those expenses listed in s. 718.504(20). In

 8  addition, if the association maintains limited common elements

 9  with the cost to be shared only by those entitled to use the

10  limited common elements as provided for in s. 718.113(1), the

11  budget or a schedule attached thereto shall show amounts

12  budgeted therefor. If, after turnover of control of the

13  association to the unit owners, any of the expenses listed in

14  s. 718.504(20) are not applicable, they need not be listed.

15         2.  In addition to annual operating expenses, the

16  budget shall include reserve accounts for capital expenditures

17  and deferred maintenance. These accounts shall include, but

18  are not limited to, roof replacement, building painting, and

19  pavement resurfacing, regardless of the amount of deferred

20  maintenance expense or replacement cost, and for any other

21  item for which the deferred maintenance expense or replacement

22  cost exceeds $10,000. The amount to be reserved shall be

23  computed by means of a formula which is based upon estimated

24  remaining useful life and estimated replacement cost or

25  deferred maintenance expense of each reserve item.  The

26  association may adjust replacement reserve assessments

27  annually to take into account any changes in estimates or

28  extension of the useful life of a reserve item caused by

29  deferred maintenance. This subsection does not apply to

30  budgets in which the members of an association have, by a

31  majority vote at a duly called meeting of the association, and

                                  17
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  voting determined for a fiscal year to provide no reserves or

 2  reserves less adequate than required by this subsection.

 3  However, prior to turnover of control of an association by a

 4  developer to unit owners other than a developer pursuant to s.

 5  718.301, the developer may vote to waive the reserves or

 6  reduce the funding of reserves for the first 2 years of the

 7  operation of the association, after which time reserves may

 8  only be waived or reduced only upon the vote of a majority of

 9  all nondeveloper voting interests voting in person or by

10  limited proxy at a duly called meeting of the association. If

11  a meeting of the unit owners has been called to determine to

12  provide no reserves or reserves less adequate than required,

13  and such result is not attained or a quorum is not attained,

14  the reserves as included in the budget shall go into effect.

15         3.  Reserve funds and any interest accruing thereon

16  shall remain in the reserve account or accounts, and shall be

17  used only for authorized reserve expenditures unless their use

18  for other purposes is approved in advance by a vote of the

19  majority vote of the voting interests voting in person or by

20  limited proxy at a duly called meeting of the association.

21  Prior to turnover of control of an association by a developer

22  to unit owners other than the developer pursuant to s.

23  718.301, the developer-controlled association shall not vote

24  to use reserves for purposes other than that for which they

25  were intended without the approval of a majority of all

26  nondeveloper voting interests, voting in person or by limited

27  proxy at a duly called meeting of the association.

28         (g)  Assessments.--The manner of collecting from the

29  unit owners their shares of the common expenses shall be

30  stated in the bylaws. Assessments shall be made against units

31  not less frequently than quarterly in an amount which is not

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  less than that required to provide funds in advance for

 2  payment of all of the anticipated current operating expenses

 3  and for all of the unpaid operating expenses previously

 4  incurred.  Nothing in this paragraph shall preclude the right

 5  of an association to accelerate assessments of an owner

 6  delinquent in payment of common expenses. Accelerated

 7  assessments shall be due and payable on the date the claim of

 8  lien is filed. Such accelerated assessments shall include the

 9  amounts due for the remainder of the budget year in which the

10  claim of lien was filed.

11         (h)  Amendment of bylaws.--

12         1.  The method by which the bylaws may be amended

13  consistent with the provisions of this chapter shall be

14  stated.  If the bylaws fail to provide a method of amendment,

15  the bylaws may be amended if the amendment is approved by the

16  owners of not less than two-thirds of the voting interests.

17         2.  No bylaw shall be revised or amended by reference

18  to its title or number only.  Proposals to amend existing

19  bylaws shall contain the full text of the bylaws to be

20  amended; new words shall be inserted in the text underlined,

21  and words to be deleted shall be lined through with hyphens.

22  However, if the proposed change is so extensive that this

23  procedure would hinder, rather than assist, the understanding

24  of the proposed amendment, it is not necessary to use

25  underlining and hyphens as indicators of words added or

26  deleted, but, instead, a notation must be inserted immediately

27  preceding the proposed amendment in substantially the

28  following language: "Substantial rewording of bylaw.  See

29  bylaw .... for present text."

30         3.  Nonmaterial errors or omissions in the bylaw

31  process will not invalidate an otherwise properly promulgated

                                  19
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  amendment.

 2         (i)  Transfer fees.--No charge shall be made by the

 3  association or any body thereof in connection with the sale,

 4  mortgage, lease, sublease, or other transfer of a unit unless

 5  the association is required to approve such transfer and a fee

 6  for such approval is provided for in the declaration,

 7  articles, or bylaws. Any such fee may be preset, but in no

 8  event may such fee exceed $100 per applicant other than

 9  husband/wife or parent/dependent child, which are considered

10  one applicant.  However, if the lease or sublease is a renewal

11  of a lease or sublease with the same lessee or sublessee, no

12  charge shall be made.  The foregoing notwithstanding, an

13  association may, if the authority to do so appears in the

14  declaration or bylaws, require that a prospective lessee place

15  a security deposit, in an amount not to exceed the equivalent

16  of 1 month's rent, into an escrow account maintained by the

17  association.  The security deposit shall protect against

18  damages to the common elements or association property.

19  Payment of interest, claims against the deposit, refunds, and

20  disputes under this paragraph shall be handled in the same

21  fashion as provided in part II of chapter 83.

22         (j)  Fidelity bonds.--The association shall obtain and

23  maintain adequate fidelity bonding of all persons who control

24  or disburse funds of the association.  As used in this

25  section, the term "persons who control or disburse funds of

26  the association" means those individuals authorized to sign

27  checks, and the president, secretary, and treasurer of the

28  association.  If an association's annual gross receipts do not

29  exceed $100,000, the bond shall be in the principal sum of not

30  less than $10,000 for each such person.  If an association's

31  annual gross receipts exceed $100,000, but do not exceed

                                  20
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  $300,000, the bond shall be in the principal sum of $30,000

 2  for each such person.  If an association's annual gross

 3  receipts exceed $300,000, the bond shall be in the principal

 4  sum of not less than $50,000 for each such person.  The

 5  association shall bear the cost of bonding.

 6         (j)(k)  Recall of board members.--Subject to the

 7  provisions of s. 718.301, any member of the board of

 8  administration may be recalled and removed from office with or

 9  without cause by the vote or agreement in writing by a

10  majority of all the voting interests. A special meeting of the

11  unit owners to recall a member or members of the board of

12  administration may be called by 10 percent of the voting

13  interests giving notice of the meeting as required for a

14  meeting of unit owners, and the notice shall state the purpose

15  of the meeting.

16         1.  If the recall is approved by a majority of all

17  voting interests by a vote at a meeting, the recall will be

18  effective as provided herein. The board shall duly notice and

19  hold a board meeting within 5 full business days of the

20  adjournment of the unit owner meeting to recall one or more

21  board members. At the meeting, the board shall either certify

22  the recall, in which case such member or members shall be

23  recalled effective immediately and shall turn over to the

24  board within 5 full business days any and all records and

25  property of the association in their possession, or shall

26  proceed as set forth in subparagraph 3.

27         2.  If the proposed recall is by an agreement in

28  writing by a majority of all voting interests, the agreement

29  in writing or a copy thereof shall be served on the

30  association by certified mail or by personal service in the

31  manner authorized by chapter 48 and the Florida Rules of Civil

                                  21
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  Procedure. The board of administration shall duly notice and

 2  hold a meeting of the board within 5 full business days after

 3  receipt of the agreement in writing. At the meeting, the board

 4  shall either certify the written agreement to recall a member

 5  or members of the board, in which case such member or members

 6  shall be recalled effective immediately and shall turn over to

 7  the board within 5 full business days any and all records and

 8  property of the association in their possession, or proceed as

 9  described in subparagraph 3.

10         3.  If the board determines not to certify the written

11  agreement to recall a member or members of the board, or does

12  not certify the recall by a vote at a meeting, the board

13  shall, within 5 full business days after the meeting, file

14  with the division a petition for arbitration pursuant to the

15  procedures in s. 718.1255. For the purposes of this section,

16  the unit owners who voted at the meeting or who executed the

17  agreement in writing shall constitute one party under the

18  petition for arbitration. If the arbitrator certifies the

19  recall as to any member or members of the board, the recall

20  will be effective upon mailing of the final order of

21  arbitration to the association. If the association fails to

22  comply with the order of the arbitrator, the division may take

23  action pursuant to s. 718.501. Any member or members so

24  recalled shall deliver to the board any and all records of the

25  association in their possession within 5 full business days of

26  the effective date of the recall.

27         4.  If the board fails to duly notice and hold a board

28  meeting within 5 full business days of service of an agreement

29  in writing or within 5 full business days of the adjournment

30  of the unit owner recall meeting, the recall shall be deemed

31  effective and the board members so recalled shall immediately

                                  22
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  turn over to the board any and all records and property of the

 2  association.

 3         5.  If a vacancy occurs on the board as a result of a

 4  recall and less than a majority of the board members are

 5  removed, the vacancy may be filled by the affirmative vote of

 6  a majority of the remaining directors, notwithstanding any

 7  provision to the contrary contained in this subsection. If

 8  vacancies occur on the board as a result of a recall and a

 9  majority or more of the board members are removed, the

10  vacancies shall be filled in accordance with procedural rules

11  to be adopted by the division, which rules need not be

12  consistent with this subsection. The rules must provide

13  procedures governing the conduct of the recall election as

14  well as the operation of the association during the period

15  after a recall but prior to the recall election.

16         (k)(l)  Arbitration.--There shall be a provision for

17  mandatory nonbinding arbitration as provided for in s.

18  718.1255.

19         (l)(m)  Certificate of compliance.--There shall be a

20  provision that a certificate of compliance from a licensed

21  electrical contractor or electrician may be accepted by the

22  association's board as evidence of compliance of the

23  condominium units to the applicable fire and life safety code.

24         (m)(n)  Common elements; limited power to convey.--

25         1.  With respect to condominiums created on or after

26  October 1, 1994, the bylaws shall include a provision granting

27  the association a limited power to convey a portion of the

28  common elements to a condemning authority for the purpose of

29  providing utility easements, right-of-way expansion, or other

30  public purposes, whether negotiated or as a result of eminent

31  domain proceedings.

                                  23
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1         2.  In any case where the bylaws are silent as to the

 2  association's power to convey common elements as described in

 3  subparagraph 1., the bylaws shall be deemed to include the

 4  provision described in subparagraph 1.

 5         Section 4.  Paragraph (b) of subsection (1) of section

 6  718.115, Florida Statutes, is amended to read:

 7         718.115  Common expenses and common surplus.--

 8         (1)

 9         (b)  If so provided in the declaration, the cost of a

10  master antenna television system or duly franchised cable

11  television service obtained pursuant to a bulk contract shall

12  be deemed a common expense. If the declaration does not

13  provide for the cost of a master antenna television system or

14  duly franchised cable television service obtained under a bulk

15  contract as a common expense, the board of administration may

16  enter into such a contract and the cost of the service will be

17  a common expense but allocated on a per-unit basis rather than

18  a percentage basis if the declaration provides for other than

19  an equal sharing of common expenses and any contract entered

20  into before July 1, 1998, in which the cost of the service is

21  not equally divided among all unit owners, may be changed by

22  vote of a majority of the voting interests present at a

23  regular or special meeting of the association, to allocate the

24  cost equally among all units., and if not, such cost shall be

25  considered common expense if it is designated as such in a

26  written contract between the board of administration and the

27  company providing the master television antenna system or the

28  cable television service. The contract shall be for a term of

29  not less than 2 years.

30         1.  Any contract made by the board after the effective

31  date hereof for a community antenna system or duly franchised

                                  24
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  cable television service may be canceled by a majority of the

 2  voting interests present at the next regular or special

 3  meeting of the association.  Any member may make a motion to

 4  cancel said contract, but if no motion is made or if such

 5  motion fails to obtain the required majority at the next

 6  regular or special meeting, whichever is sooner, following the

 7  making of the contract, then such contract shall be deemed

 8  ratified for the term therein expressed.

 9         2.  Any such contract shall provide, and shall be

10  deemed to provide if not expressly set forth, that any hearing

11  impaired or legally blind unit owner who does not occupy the

12  unit with a non-hearing-impaired nonhearing impaired or

13  sighted person may discontinue the service without incurring

14  disconnect fees, penalties, or subsequent service charges, and

15  as to such units, the owners shall not be required to pay any

16  common expenses charge related to such service. If less than

17  all members of an association share the expenses of cable

18  television, the expense shall be shared equally by all

19  participating unit owners. The association may use the

20  provisions of s. 718.116 to enforce payment of the shares of

21  such costs by the unit owners receiving cable television.

22         Section 5.  Subsection (2) of section 718.503, Florida

23  Statutes, is amended to read:

24         718.503  Developer disclosure prior to sale;

25  nondeveloper unit owner disclosure prior to sale;

26  voidability.--

27         (2)  NONDEVELOPER DISCLOSURE.--

28         (a)  Each unit owner who is not a developer as defined

29  by this chapter shall comply with the provisions of this

30  subsection prior to the sale of his or her unit.  Each

31  prospective purchaser who has entered into a contract for the

                                  25
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  purchase of a condominium unit is entitled, at the seller's

 2  expense, to a current copy of the declaration of condominium,

 3  articles of incorporation of the association, bylaws, and

 4  rules of the association, as well as a copy of the question

 5  and answer sheet provided for by s. 718.504 and a copy of the

 6  financial information required by s. 718.111.

 7         (b)  If a person licensed under part I of chapter 475

 8  provides to or otherwise obtains for a prospective purchaser

 9  the documents described in this subsection, the person is not

10  liable for any error or inaccuracy contained in the documents.

11         (c)  Each contract entered into after July 1, 1992, for

12  the resale of a residential unit shall contain in conspicuous

13  type either:

14         1.  A clause which states:  THE BUYER HEREBY

15  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF

16  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF

17  THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, A COPY OF

18  THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE

19  QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING

20  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF

21  THIS CONTRACT; or

22         2.  A clause which states:  THIS AGREEMENT IS VOIDABLE

23  BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION

24  TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND

25  LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT

26  BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE

27  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS,

28  AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT

29  YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET

30  IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE

31  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.  BUYER MAY EXTEND

                                  26
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,

 2  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE

 3  BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,

 4  BYLAWS, RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED IN

 5  WRITING.  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE

 6  AT CLOSING.

 7

 8  A contract that does not conform to the requirements of this

 9  paragraph is voidable at the option of the purchaser prior to

10  closing.

11         Section 6.  Section 718.504, Florida Statutes, is

12  amended to read:

13         718.504  Prospectus or offering circular.--Every

14  developer of a residential condominium which contains more

15  than 20 residential units, or which is part of a group of

16  residential condominiums which will be served by property to

17  be used in common by unit owners of more than 20 residential

18  units, shall prepare a prospectus or offering circular and

19  file it with the Division of Florida Land Sales, Condominiums,

20  and Mobile Homes prior to entering into an enforceable

21  contract of purchase and sale of any unit or lease of a unit

22  for more than 5 years and shall furnish a copy of the

23  prospectus or offering circular to each buyer.  In addition to

24  the prospectus or offering circular, each buyer shall be

25  furnished a separate page entitled "Frequently Asked Questions

26  and Answers," which shall be in accordance with a format

27  approved by the division and a copy of the financial

28  information required by s. 718.111.  This page shall, in

29  readable language, inform prospective purchasers regarding

30  their voting rights and unit use restrictions, including

31  restrictions on the leasing of a unit; shall indicate whether

                                  27
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  and in what amount the unit owners or the association is

 2  obligated to pay rent or land use fees for recreational or

 3  other commonly used facilities; shall contain a statement

 4  identifying that amount of assessment which, pursuant to the

 5  budget, would be levied upon each unit type, exclusive of any

 6  special assessments, and which shall further identify the

 7  basis upon which assessments are levied, whether monthly,

 8  quarterly, or otherwise; shall state and identify any court

 9  cases in which the association is currently a party of record

10  in which the association may face liability in excess of

11  $100,000; and which shall further state whether membership in

12  a recreational facilities association is mandatory, and if so,

13  shall identify the fees currently charged per unit type.  The

14  division shall by rule require such other disclosure as in its

15  judgment will assist prospective purchasers. The prospectus or

16  offering circular may include more than one condominium,

17  although not all such units are being offered for sale as of

18  the date of the prospectus or offering circular.  The

19  prospectus or offering circular must contain the following

20  information:

21         (1)  The front cover or the first page must contain

22  only:

23         (a)  The name of the condominium.

24         (b)  The following statements in conspicuous type:

25         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

26  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM

27  UNIT.

28         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

29  NATURE.  A PROSPECTIVE PURCHASER SHOULD REFER TO ALL

30  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

31  SALES MATERIALS.

                                  28
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

 2  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER

 3  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

 4  CORRECT REPRESENTATIONS.

 5         (2)  Summary:  The next page must contain all

 6  statements required to be in conspicuous type in the

 7  prospectus or offering circular.

 8         (3)  A separate index of the contents and exhibits of

 9  the prospectus.

10         (4)  Beginning on the first page of the text (not

11  including the summary and index), a description of the

12  condominium, including, but not limited to, the following

13  information:

14         (a)  Its name and location.

15         (b)  A description of the condominium property,

16  including, without limitation:

17         1.  The number of buildings, the number of units in

18  each building, the number of bathrooms and bedrooms in each

19  unit, and the total number of units, if the condominium is not

20  a phase condominium, or the maximum number of buildings that

21  may be contained within the condominium, the minimum and

22  maximum numbers of units in each building, the minimum and

23  maximum numbers of bathrooms and bedrooms that may be

24  contained in each unit, and the maximum number of units that

25  may be contained within the condominium, if the condominium is

26  a phase condominium.

27         2.  The page in the condominium documents where a copy

28  of the plot plan and survey of the condominium is located.

29         3.  The estimated latest date of completion of

30  constructing, finishing, and equipping.  In lieu of a date,

31  the description shall include a statement that the estimated

                                  29
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  date of completion of the condominium is in the purchase

 2  agreement and a reference to the article or paragraph

 3  containing that information.

 4         (c)  The maximum number of units that will use

 5  facilities in common with the condominium.  If the maximum

 6  number of units will vary, a description of the basis for

 7  variation and the minimum amount of dollars per unit to be

 8  spent for additional recreational facilities or enlargement of

 9  such facilities.  If the addition or enlargement of facilities

10  will result in a material increase of a unit owner's

11  maintenance expense or rental expense, if any, the maximum

12  increase and limitations thereon shall be stated.

13         (5)(a)  A statement in conspicuous type describing

14  whether the condominium is created and being sold as fee

15  simple interests or as leasehold interests. If the condominium

16  is created or being sold on a leasehold, the location of the

17  lease in the disclosure materials shall be stated.

18         (b)  If timeshare estates are or may be created with

19  respect to any unit in the condominium, a statement in

20  conspicuous type stating that timeshare estates are created

21  and being sold in units in the condominium.

22         (6)  A description of the recreational and other

23  commonly used facilities that will be used only by unit owners

24  of the condominium, including, but not limited to, the

25  following:

26         (a)  Each room and its intended purposes, location,

27  approximate floor area, and capacity in numbers of people.

28         (b)  Each swimming pool, as to its general location,

29  approximate size and depths, approximate deck size and

30  capacity, and whether heated.

31         (c)  Additional facilities, as to the number of each

                                  30
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  facility, its approximate location, approximate size, and

 2  approximate capacity.

 3         (d)  A general description of the items of personal

 4  property and the approximate number of each item of personal

 5  property that the developer is committing to furnish for each

 6  room or other facility or, in the alternative, a

 7  representation as to the minimum amount of expenditure that

 8  will be made to purchase the personal property for the

 9  facility.

10         (e)  The estimated date when each room or other

11  facility will be available for use by the unit owners.

12         (f)1.  An identification of each room or other facility

13  to be used by unit owners that will not be owned by the unit

14  owners or the association;

15         2.  A reference to the location in the disclosure

16  materials of the lease or other agreements providing for the

17  use of those facilities; and

18         3.  A description of the terms of the lease or other

19  agreements, including the length of the term; the rent

20  payable, directly or indirectly, by each unit owner, and the

21  total rent payable to the lessor, stated in monthly and annual

22  amounts for the entire term of the lease; and a description of

23  any option to purchase the property leased under any such

24  lease, including the time the option may be exercised, the

25  purchase price or how it is to be determined, the manner of

26  payment, and whether the option may be exercised for a unit

27  owner's share or only as to the entire leased property.

28         (g)  A statement as to whether the developer may

29  provide additional facilities not described above; their

30  general locations and types; improvements or changes that may

31  be made; the approximate dollar amount to be expended; and the

                                  31
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  maximum additional common expense or cost to the individual

 2  unit owners that may be charged during the first annual period

 3  of operation of the modified or added facilities.

 4

 5  Descriptions as to locations, areas, capacities, numbers,

 6  volumes, or sizes may be stated as approximations or minimums.

 7         (7)  A description of the recreational and other

 8  facilities that will be used in common with other

 9  condominiums, community associations, or planned developments

10  which require the payment of the maintenance and expenses of

11  such facilities, either directly or indirectly, by the unit

12  owners.  The description shall include, but not be limited to,

13  the following:

14         (a)  Each building and facility committed to be built.

15         (b)  Facilities not committed to be built except under

16  certain conditions, and a statement of those conditions or

17  contingencies.

18         (c)  As to each facility committed to be built, or

19  which will be committed to be built upon the happening of one

20  of the conditions in paragraph (b), a statement of whether it

21  will be owned by the unit owners having the use thereof or by

22  an association or other entity which will be controlled by

23  them, or others, and the location in the exhibits of the lease

24  or other document providing for use of those facilities.

25         (d)  The year in which each facility will be available

26  for use by the unit owners or, in the alternative, the maximum

27  number of unit owners in the project at the time each of all

28  of the facilities is committed to be completed.

29         (e)  A general description of the items of personal

30  property, and the approximate number of each item of personal

31  property, that the developer is committing to furnish for each

                                  32
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  room or other facility or, in the alternative, a

 2  representation as to the minimum amount of expenditure that

 3  will be made to purchase the personal property for the

 4  facility.

 5         (f)  If there are leases, a description thereof,

 6  including the length of the term, the rent payable, and a

 7  description of any option to purchase.

 8

 9  Descriptions shall include location, areas, capacities,

10  numbers, volumes, or sizes and may be stated as approximations

11  or minimums.

12         (8)  Recreation lease or associated club membership:

13         (a)  If any recreational facilities or other facilities

14  offered by the developer and available to, or to be used by,

15  unit owners are to be leased or have club membership

16  associated, the following statement in conspicuous type shall

17  be included:  THERE IS A RECREATIONAL FACILITIES LEASE

18  ASSOCIATED WITH THIS CONDOMINIUM; or, THERE IS A CLUB

19  MEMBERSHIP ASSOCIATED WITH THIS CONDOMINIUM.  There shall be a

20  reference to the location in the disclosure materials where

21  the recreation lease or club membership is described in

22  detail.

23         (b)  If it is mandatory that unit owners pay a fee,

24  rent, dues, or other charges under a recreational facilities

25  lease or club membership for the use of facilities, there

26  shall be in conspicuous type the applicable statement:

27         1.  MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS

28  MANDATORY FOR UNIT OWNERS; or

29         2.  UNIT OWNERS ARE REQUIRED, AS A CONDITION OF

30  OWNERSHIP, TO BE LESSEES UNDER THE RECREATIONAL FACILITIES

31  LEASE; or

                                  33
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1         3.  UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE

 2  COSTS AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP,

 3  REPLACEMENT, RENT, AND FEES UNDER THE RECREATIONAL FACILITIES

 4  LEASE (OR THE OTHER INSTRUMENTS PROVIDING THE FACILITIES); or

 5         4.  A similar statement of the nature of the

 6  organization or the manner in which the use rights are

 7  created, and that unit owners are required to pay.

 8

 9  Immediately following the applicable statement, the location

10  in the disclosure materials where the development is described

11  in detail shall be stated.

12         (c)  If the developer, or any other person other than

13  the unit owners and other persons having use rights in the

14  facilities, reserves, or is entitled to receive, any rent,

15  fee, or other payment for the use of the facilities, then

16  there shall be the following statement in conspicuous type:

17  THE UNIT OWNERS OR THE ASSOCIATION(S) MUST PAY RENT OR LAND

18  USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES.

19  Immediately following this statement, the location in the

20  disclosure materials where the rent or land use fees are

21  described in detail shall be stated.

22         (d)  If, in any recreation format, whether leasehold,

23  club, or other, any person other than the association has the

24  right to a lien on the units to secure the payment of

25  assessments, rent, or other exactions, there shall appear a

26  statement in conspicuous type in substantially the following

27  form:

28         1.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

29  SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE

30  RECREATION LEASE.  THE UNIT OWNER'S FAILURE TO MAKE THESE

31  PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN; or

                                  34
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1         2.  THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO

 2  SECURE THE PAYMENT OF ASSESSMENTS OR OTHER EXACTIONS COMING

 3  DUE FOR THE USE, MAINTENANCE, UPKEEP, OR REPAIR OF THE

 4  RECREATIONAL OR COMMONLY USED FACILITIES.  THE UNIT OWNER'S

 5  FAILURE TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF

 6  THE LIEN.

 7

 8  Immediately following the applicable statement, the location

 9  in the disclosure materials where the lien or lien right is

10  described in detail shall be stated.

11         (9)  If the developer or any other person has the right

12  to increase or add to the recreational facilities at any time

13  after the establishment of the condominium whose unit owners

14  have use rights therein, without the consent of the unit

15  owners or associations being required, there shall appear a

16  statement in conspicuous type in substantially the following

17  form:  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED

18  WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S).

19  Immediately following this statement, the location in the

20  disclosure materials where such reserved rights are described

21  shall be stated.

22         (10)  A statement of whether the developer's plan

23  includes a program of leasing units rather than selling them,

24  or leasing units and selling them subject to such leases.  If

25  so, there shall be a description of the plan, including the

26  number and identification of the units and the provisions and

27  term of the proposed leases, and a statement in boldfaced type

28  that:  THE UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.

29         (11)  The arrangements for management of the

30  association and maintenance and operation of the condominium

31  property and of other property that will serve the unit owners

                                  35
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  of the condominium property, and a description of the

 2  management contract and all other contracts for these purposes

 3  having a term in excess of 1 year, including the following:

 4         (a)  The names of contracting parties.

 5         (b)  The term of the contract.

 6         (c)  The nature of the services included.

 7         (d)  The compensation, stated on a monthly and annual

 8  basis, and provisions for increases in the compensation.

 9         (e)  A reference to the volumes and pages of the

10  condominium documents and of the exhibits containing copies of

11  such contracts.

12

13  Copies of all described contracts shall be attached as

14  exhibits.  If there is a contract for the management of the

15  condominium property, then a statement in conspicuous type in

16  substantially the following form shall appear, identifying the

17  proposed or existing contract manager:  THERE IS (IS TO BE) A

18  CONTRACT FOR THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH

19  (NAME OF THE CONTRACT MANAGER).  Immediately following this

20  statement, the location in the disclosure materials of the

21  contract for management of the condominium property shall be

22  stated.

23         (12)  If the developer or any other person or persons

24  other than the unit owners has the right to retain control of

25  the board of administration of the association for a period of

26  time which can exceed 1 year after the closing of the sale of

27  a majority of the units in that condominium to persons other

28  than successors or alternate developers, then a statement in

29  conspicuous type in substantially the following form shall be

30  included:  THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO

31  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE

                                  36
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  UNITS HAVE BEEN SOLD. Immediately following this statement,

 2  the location in the disclosure materials where this right to

 3  control is described in detail shall be stated.

 4         (13)  If there are any restrictions upon the sale,

 5  transfer, conveyance, or leasing of a unit, then a statement

 6  in conspicuous type in substantially the following form shall

 7  be included:  THE SALE, LEASE, OR TRANSFER OF UNITS IS

 8  RESTRICTED OR CONTROLLED.  Immediately following this

 9  statement, the location in the disclosure materials where the

10  restriction, limitation, or control on the sale, lease, or

11  transfer of units is described in detail shall be stated.

12         (14)  If the condominium is part of a phase project,

13  the following information shall be stated:

14         (a)  A statement in conspicuous type in substantially

15  the following form:  THIS IS A PHASE CONDOMINIUM.  ADDITIONAL

16  LAND AND UNITS MAY BE ADDED TO THIS CONDOMINIUM.  Immediately

17  following this statement, the location in the disclosure

18  materials where the phasing is described shall be stated.

19         (b)  A summary of the provisions of the declaration

20  which provide for the phasing.

21         (c)  A statement as to whether or not residential

22  buildings and units which are added to the condominium may be

23  substantially different from the residential buildings and

24  units originally in the condominium.  If the added residential

25  buildings and units may be substantially different, there

26  shall be a general description of the extent to which such

27  added residential buildings and units may differ, and a

28  statement in conspicuous type in substantially the following

29  form shall be included: BUILDINGS AND UNITS WHICH ARE ADDED TO

30  THE CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER

31  BUILDINGS AND UNITS IN THE CONDOMINIUM.  Immediately following

                                  37
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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  this statement, the location in the disclosure materials where

 2  the extent to which added residential buildings and units may

 3  substantially differ is described shall be stated.

 4         (d)  A statement of the maximum number of buildings

 5  containing units, the maximum and minimum numbers of units in

 6  each building, the maximum number of units, and the minimum

 7  and maximum square footage of the units that may be contained

 8  within each parcel of land which may be added to the

 9  condominium.

10         (15)  If the condominium is created by conversion of

11  existing improvements, the following information shall be

12  stated:

13         (a)  The information required by s. 718.616.

14         (b)  A caveat that there are no express warranties

15  unless they are stated in writing by the developer.

16         (16)  A summary of the restrictions, if any, to be

17  imposed on units concerning the use of any of the condominium

18  property, including statements as to whether there are

19  restrictions upon children and pets, and reference to the

20  volumes and pages of the condominium documents where such

21  restrictions are found, or if such restrictions are contained

22  elsewhere, then a copy of the documents containing the

23  restrictions shall be attached as an exhibit.

24         (17)  If there is any land that is offered by the

25  developer for use by the unit owners and that is neither owned

26  by them nor leased to them, the association, or any entity

27  controlled by unit owners and other persons having the use

28  rights to such land, a statement shall be made as to how such

29  land will serve the condominium.  If any part of such land

30  will serve the condominium, the statement shall describe the

31  land and the nature and term of service, and the declaration

                                  38
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  or other instrument creating such servitude shall be included

 2  as an exhibit.

 3         (18)  The manner in which utility and other services,

 4  including, but not limited to, sewage and waste disposal,

 5  water supply, and storm drainage, will be provided and the

 6  person or entity furnishing them.

 7         (19)  An explanation of the manner in which the

 8  apportionment of common expenses and ownership of the common

 9  elements has been determined.

10         (20)  An estimated operating budget for the condominium

11  and the association, and a schedule of the unit owner's

12  expenses shall be attached as an exhibit and shall contain the

13  following information:

14         (a)  The estimated monthly and annual expenses of the

15  condominium and the association that are collected from unit

16  owners by assessments.

17         (b)  The estimated monthly and annual expenses of each

18  unit owner for a unit, other than common expenses paid by all

19  unit owners, payable by the unit owner to persons or entities

20  other than the association, as well as to the association,

21  including fees assessed pursuant to s. 718.113(1) for

22  maintenance of limited common elements where such costs are

23  shared only by those entitled to use the limited common

24  element, and the total estimated monthly and annual expense.

25  There may be excluded from this estimate expenses which are

26  not provided for or contemplated by the condominium documents,

27  including, but not limited to, the costs of private telephone;

28  maintenance of the interior of condominium units, which is not

29  the obligation of the association; maid or janitorial services

30  privately contracted for by the unit owners; utility bills

31  billed directly to each unit owner for utility services to his

                                  39
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  or her unit; insurance premiums other than those incurred for

 2  policies obtained by the condominium; and similar personal

 3  expenses of the unit owner. A unit owner's estimated payments

 4  for assessments shall also be stated in the estimated amounts

 5  for the times when they will be due.

 6         (c)  The estimated items of expenses of the condominium

 7  and the association, except as excluded under paragraph (b),

 8  including, but not limited to, the following items, which

 9  shall be stated either as an association expense collectible

10  by assessments or as unit owners' expenses payable to persons

11  other than the association:

12         1.  Expenses for the association and condominium:

13         a.  Administration of the association.

14         b.  Management fees.

15         c.  Maintenance.

16         d.  Rent for recreational and other commonly used

17  facilities.

18         e.  Taxes upon association property.

19         f.  Taxes upon leased areas.

20         g.  Insurance.

21         h.  Security provisions.

22         i.  Other expenses.

23         j.  Operating capital.

24         k.  Reserves.

25         l.  Fees payable to the division.

26         2.  Expenses for a unit owner:

27         a.  Rent for the unit, if subject to a lease.

28         b.  Rent payable by the unit owner directly to the

29  lessor or agent under any recreational lease or lease for the

30  use of commonly used facilities, which use and payment is a

31  mandatory condition of ownership and is not included in the

                                  40
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  common expense or assessments for common maintenance paid by

 2  the unit owners to the association.

 3         (d)  The estimated amounts shall be stated for a period

 4  of at least 12 months and may distinguish between the period

 5  prior to the time unit owners other than the developer elect a

 6  majority of the board of administration and the period after

 7  that date.

 8         (21)  A schedule of estimated closing expenses to be

 9  paid by a buyer or lessee of a unit and a statement of whether

10  title opinion or title insurance policy is available to the

11  buyer and, if so, at whose expense.

12         (22)  The identity of the developer and the chief

13  operating officer or principal directing the creation and sale

14  of the condominium and a statement of its and his or her

15  experience in this field.

16         (23)  Copies of the following, to the extent they are

17  applicable, shall be included as exhibits:

18         (a)  The declaration of condominium, or the proposed

19  declaration if the declaration has not been recorded.

20         (b)  The articles of incorporation creating the

21  association.

22         (c)  The bylaws of the association.

23         (d)  The ground lease or other underlying lease of the

24  condominium.

25         (e)  The management agreement and all maintenance and

26  other contracts for management of the association and

27  operation of the condominium and facilities used by the unit

28  owners having a service term in excess of 1 year.

29         (f)  The estimated operating budget for the condominium

30  and the required schedule of unit owners' expenses.

31         (g)  A copy of the floor plan of the unit and the plot

                                  41
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  plan showing the location of the residential buildings and the

 2  recreation and other common areas.

 3         (h)  The lease of recreational and other facilities

 4  that will be used only by unit owners of the subject

 5  condominium.

 6         (i)  The lease of facilities used by owners and others.

 7         (j)  The form of unit lease, if the offer is of a

 8  leasehold.

 9         (k)  A declaration of servitude of properties serving

10  the condominium but not owned by unit owners or leased to them

11  or the association.

12         (l)  The statement of condition of the existing

13  building or buildings, if the offering is of units in an

14  operation being converted to condominium ownership.

15         (m)  The statement of inspection for termite damage and

16  treatment of the existing improvements, if the condominium is

17  a conversion.

18         (n)  The form of agreement for sale or lease of units.

19         (o)  A copy of the agreement for escrow of payments

20  made to the developer prior to closing.

21         (p)  A copy of the documents containing any

22  restrictions on use of the property required by subsection

23  (16).

24         (24)  Any prospectus or offering circular complying,

25  prior to the effective date of this act, with the provisions

26  of former ss. 711.69 and 711.802 may continue to be used

27  without amendment or may be amended to comply with the

28  provisions of this chapter.

29         (25)  A brief narrative description of the location and

30  effect of all existing and intended easements located or to be

31  located on the condominium property other than those described

                                  42
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1  in the declaration.

 2         (26)  If the developer is required by state or local

 3  authorities to obtain acceptance or approval of any dock or

 4  marina facilities intended to serve the condominium, a copy of

 5  any such acceptance or approval acquired by the time of filing

 6  with the division under s. 718.502(1) or a statement that such

 7  acceptance or approval has not been acquired or received.

 8         (27)  Evidence demonstrating that the developer has an

 9  ownership, leasehold, or contractual interest in the land upon

10  which the condominium is to be developed.

11

12  (Redesignate subsequent sections.)

13

14

15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, lines 15-21, delete those lines

18

19  and insert:

20         directors; requiring adequate insurance or

21         fidelity bonding to cover funds in the custody

22         of an association; providing for financial

23         reporting requirements; providing for the

24         commingling of reserve and operating funds;

25         amending s. 718.112, F.S.; providing

26         requirements for eligibility to be a candidate

27         for the board; providing for the validity of

28         certain actions by the board; amending

29         procedures for elections; amending procedures

30         for recall of board members; amending

31         procedures for mailing of notices; amending

                                  43
    10:56 AM   04/20/98                             s1624c1c-25j02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1624

    Amendment No.    





 1         procedures for annual budgets; eliminating a

 2         2-year exemption for developers on reserve

 3         funds; deleting fidelity bonding requirements;

 4         amending s. 718.115, F.S.; providing procedures

 5         that allocate cable television services as a

 6         common expense; amending ss. 718.503, 718.504,

 7         F.S.; requiring disclosure of financial

 8         information; amending s.

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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    10:56 AM   04/20/98                             s1624c1c-25j02