Senate Bill 0972

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    Florida Senate - 1998                                   SB 972

    By Senator Dudley





    25-699-98

  1                      A bill to be entitled

  2         An act relating to condominiums; amending s.

  3         718.103, F.S.; defining the terms "master

  4         association", "master declaration", and

  5         "multi-condominium association"; amending s.

  6         718.111, F.S.; providing methods for the

  7         transfer of title to real property; providing

  8         methods for the purchase of a land lease or

  9         recreation lease; providing methods for the

10         granting, modification, or movement of an

11         easement; providing that the definition of the

12         term "building" for purposes of hazard

13         insurance is not applicable to master

14         associations; providing for financial reporting

15         requirements; providing for the commingling of

16         reserve and operating funds; amending s.

17         718.112, F.S.; providing that the

18         administration, quorum and voting requirements,

19         unit owner meetings, budget meetings, annual

20         budgets, assessments, and recall of board

21         members of an association may be governed by a

22         master declaration, declaration of condominium,

23         articles of incorporation, or bylaws of the

24         association; providing special conditions for

25         master associations; authorizing master

26         associations to collect assessments annually;

27         amending s. 718.113, F.S.; authorizing

28         improvements to association property by master

29         declaration, declaration of condominium,

30         articles of incorporation, or bylaws; exempting

31         master associations from hurricane shutter

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  1         specifications; amending s. 718.114, F.S.;

  2         providing for the exercise of association

  3         powers through a master declaration,

  4         declaration of condominium, articles of

  5         incorporation, or bylaws; amending s. 718.115,

  6         F.S.; providing that telecommunication services

  7         may be considered a common expense; amending s.

  8         718.116, F.S.; revising assessments; amending

  9         s. 718.501, F.S.; providing procedures for the

10         investigation of violations and the imposition

11         of fines by the Division of Florida Land Sales,

12         Condominiums, and Mobile Homes of the

13         Department of Business and Professional

14         Regulation; amending s. 721.05, F.S.;

15         conforming a statutory cross-reference;

16         providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Subsection (2) of section 718.103, Florida

21  Statutes, is amended, present subsections (18) through (27) of

22  that section are redesignated as subsections (21) through

23  (30), respectively, and new subsections (18), (19), and (20)

24  are added to that section to read:

25         718.103  Definitions.--As used in this chapter, the

26  term:

27         (2)  "Association" means, in addition to those entities

28  responsible for the operation of common elements owned in

29  undivided shares by unit owners and association property, any

30  entity which owns, operates, or maintains other real property

31  in which condominium unit owners have use rights, where voting

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  1  unit owner membership in the entity is composed exclusively of

  2  condominium unit owners or their elected or appointed

  3  representatives, and where membership in the entity is a

  4  required condition of unit ownership.

  5         (18)  "Master association" means any association that

  6  is comprised of other associations as defined in subsection

  7  (2) or any association comprised exclusively of voting members

  8  who are also members of another association, such as a

  9  governing sub-association. Except when otherwise provided, all

10  provisions of this chapter applying to associations equally

11  apply to master associations.

12         (19)  "Master declaration" means a declaration of

13  restrictions, servitudes, or deed restrictions that govern

14  rights and responsibilities regarding properties operated by a

15  master association or a multi-condominium association, and

16  that are not separately subjected to a declaration of

17  condominium. A master declaration is not required in order for

18  a valid master association or multi-condominium association to

19  exist.

20         (20)  "Multi-condominium association" means an

21  association as defined in subsection (2) which operates more

22  than one condominium.

23         Section 2.  Paragraph (a) of subsection (7) and

24  subsections (8), (10), (11), (14), and (15) of section

25  718.111, Florida Statutes, are amended to read:

26         718.111  The association.--

27         (7)  TITLE TO PROPERTY.--

28         (a)  The association has the power to acquire title to

29  property or otherwise hold, convey, lease, and mortgage

30  association property for the use and benefit of its members.

31  The power to acquire personal property shall be exercised by

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  1  the board of administration. Except as otherwise permitted in

  2  subsections (8) and (9) and in s. 718.114, no association may

  3  acquire, convey, lease, or mortgage association real property

  4  except in the manner provided in the master declaration,

  5  declaration of condominium, articles of incorporation, or

  6  bylaws, and if the master declaration, declaration of

  7  condominium, articles of incorporation, or bylaws do does not

  8  specify the procedure, then approval of 75 percent of the

  9  total voting interests is shall be required.

10         (8)  PURCHASE OF LEASES.--An The association has the

11  power to purchase any land lease or recreation lease upon the

12  approval of such voting interests interest as are is required

13  by the master declaration, declaration of condominium,

14  articles of incorporation, or bylaws.  If the master

15  declaration, declaration of condominium, articles of

16  incorporation, or bylaws make makes no provision for

17  acquisition of the land lease or recreation lease, the vote

18  required to permit the acquisition is shall be that required

19  to amend the master declaration, declaration of condominium,

20  articles of incorporation, or bylaws to permit the

21  acquisition.

22         (10)  EASEMENTS.--Unless prohibited by the master

23  declaration, declaration of condominium, articles of

24  incorporation, or bylaws, the board of administration has the

25  authority, without the joinder of any unit owner, to grant,

26  modify, or move any easement if the easement constitutes part

27  of or crosses the common elements or association property.

28  This subsection does not authorize the board of administration

29  to modify, move, or vacate any easement created in whole or in

30  part for the use or benefit of anyone other than the unit

31  owners, or crossing the property of anyone other than the unit

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  1  owners, without the consent or approval of those other persons

  2  having the use or benefit of the easement, as required by law

  3  or by the instrument creating the easement. Nothing in this

  4  subsection affects the minimum requirements of s.

  5  718.104(4)(m) or the powers enumerated in subsection (3).

  6         (11)  INSURANCE.--

  7         (a)  The association shall use its best efforts to

  8  obtain and maintain adequate insurance to protect the

  9  association, the association property, the common elements,

10  and the condominium property required to be insured by the

11  association pursuant to paragraph (b).  The association may

12  also obtain and maintain liability insurance for directors and

13  officers, insurance for the benefit of association employees,

14  and flood insurance for common elements, association property,

15  and units.  An association or group of associations may

16  self-insure against claims against the association, the

17  association property, and the condominium property required to

18  be insured by an association, upon compliance with ss.

19  624.460-624.488.  A copy of each policy of insurance in effect

20  shall be made available for inspection by unit owners at

21  reasonable times.

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

23  condominium building shall provide that the word "building"

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

25  limited to, fixtures, installations, or additions comprising

26  that part of the building within the unfinished interior

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

28  individual units initially installed, or replacements thereof

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

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

31  was initially conveyed if the original plans and

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  1  specifications are not available.  However, unless prior to

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

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

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

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

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

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

  8  repair or replace such equipment: electrical fixtures,

  9  appliances, air conditioner or heating equipment, water

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

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

12  considered additional insureds under the policy. This

13  paragraph does not apply to master associations; however,

14  master associations must comply with paragraph (a).

15         (c)  Every insurance policy issued to an individual

16  unit owner shall provide that the coverage afforded by such

17  policy is excess over the amount recoverable under any other

18  policy covering the same property without rights of

19  subrogation against the association.

20         (14)  The division shall adopt rules which may require

21  that the association deliver to the unit owners, in lieu of

22  the financial report required by subsection (13), a complete

23  set of financial statements for the preceding fiscal year.

24  The financial statements shall be delivered within 90 days

25  following the end of the previous fiscal year or annually on

26  such other date as provided by the bylaws. The rules of the

27  division may require that the financial statements be

28  compiled, reviewed, or audited, and the rules shall take into

29  consideration the criteria set forth in s. 718.501(1)(j). For

30  multi-condominium associations, the economic criteria relating

31  to the level of year-end financial reporting requirements

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  1  contained in the division's rule must be applied on a

  2  condominium-by-condominium basis. The requirement to have the

  3  financial statements compiled, reviewed, or audited does not

  4  apply to associations when a majority of the voting interests

  5  of the association present at a duly called meeting of the

  6  association have determined for a fiscal year to waive this

  7  requirement.  In an association in which turnover of control

  8  by the developer has not occurred, the developer may vote to

  9  waive the audit requirement for the first 2 years of the

10  operation of the association, after which time waiver of an

11  applicable audit requirement shall be by a majority of voting

12  interests other than the developer.  The meeting shall be held

13  prior to the end of the fiscal year, and the waiver shall be

14  effective for only 1 fiscal year.  This subsection does not

15  apply to a condominium which consists of 50 or fewer units.

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

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

18  funds of the association must be accounted for separately, but

19  may shall not be commingled if the accounting records of the

20  association readily identify the reserves and their available

21  funding. This subsection is not meant to prohibit prudent

22  investment of association funds even if combined with

23  operating or other reserve funds of the same association. No

24  manager or business entity required to be licensed or

25  registered under s. 468.432, and no agent, employee, officer,

26  or director of a condominium association shall commingle any

27  association funds with his or her funds or with the funds of

28  any other condominium association or community association as

29  defined in s. 468.431. This subsection does not apply to

30  master associations in regard to commingling of operating and

31  reserve funds, which shall be governed by the master

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  1  declaration, the articles of incorporation, or the bylaws of

  2  the master association regarding investment of association

  3  funds.

  4         Section 3.  Paragraph (a) of subsection (1) and

  5  paragraphs (a), (b), (d), (e), (f), (g), and (k) of subsection

  6  (2) of section 718.112, Florida Statutes, are amended to read:

  7         718.112  Bylaws.--

  8         (1)  GENERALLY.--

  9         (a)  The operation of the association shall be governed

10  by the articles of incorporation if the association is

11  incorporated, and the bylaws of the association, which shall

12  be included as exhibits to the recorded declaration. In a

13  multi-condominium association If one association operates more

14  than one condominium, it shall not be necessary to rerecord

15  the same articles of incorporation and bylaws as exhibits to

16  each declaration after the first, provided that in each case

17  where the articles and bylaws are not so recorded, the

18  declaration expressly incorporates them by reference as

19  exhibits and identifies the book and page of the public

20  records where the first declaration to which they were

21  attached is recorded.

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

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

24  include the following:

25         (a)  Administration.--

26         1.  The form of administration of the association shall

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

28  administration and specifying the powers, duties, manner of

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

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

31  administration shall be composed of five members, except in

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

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

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

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

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

  6  treasurer, who shall perform the duties of such officers

  7  customarily performed by officers of corporations. Unless

  8  prohibited in the bylaws, the board of administration may

  9  appoint other officers and grant them the duties it deems

10  appropriate. Unless otherwise provided in the master

11  declaration, declaration of condominium, articles of

12  incorporation, or bylaws, the officers shall serve without

13  compensation and at the pleasure of the board of

14  administration. Unless otherwise provided in the master

15  declaration, declaration of condominium, articles of

16  incorporation, or bylaws, the members of the board shall serve

17  without compensation.

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

19  certified mail with the board of administration, the board

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

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

22  give a substantive response to the inquirer, notify the

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

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

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

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

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

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

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

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

31  response to the inquiry as provided herein precludes the board

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

  2  litigation, administrative proceeding, or arbitration arising

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

  4  administration adopt reasonable rules and regulations

  5  regarding the frequency and manner of responding to unit owner

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

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

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

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

10  period, or periods, as applicable.

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

12         1.  Unless a lower number is provided in the master

13  declaration, declaration of condominium, articles of

14  incorporation, or bylaws, the percentage of voting interests

15  required to constitute a quo rum at a meeting of the members

16  shall be a majority of the voting interests. In

17  multi-condominium associations and in master associations,

18  separate quorums may be established in which class voting is

19  required or permitted by law, the master declaration,

20  declaration of condominium, articles of incorporation, or

21  bylaws. Unless otherwise provided in this chapter or in the

22  master declaration, declaration of condominium, articles of

23  incorporation, or bylaws, and except as provided in

24  subparagraph (d)3., decisions shall be made by owners of a

25  majority of the voting interests represented at a meeting at

26  which a quorum is present.

27         2.  Except as specifically otherwise provided herein,

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

29  proxy, but may vote by limited proxies substantially

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

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

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

  2  waive or reduce reserves in accordance with subparagraph

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

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

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

  6  to amend the articles of incorporation or bylaws pursuant to

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

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

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

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

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

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

13  in voting for nonsubstantive changes to items for which a

14  limited proxy is required and given. Notwithstanding the

15  provisions of this subparagraph, unit owners may vote in

16  person at unit owner meetings.  Nothing contained herein shall

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

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

19  timeshare condominium association. This subparagraph does not

20  apply to master associations, which must conduct voting and

21  elections pursuant to the master declaration, the articles of

22  incorporation, or bylaws for the master association.

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

24  specific meeting for which originally given and any lawfully

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

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

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

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

29  executing it.

30         (d)  Unit owner meetings.--

31

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

  2  owners. Unless the master declaration, declaration of

  3  condominium, articles of incorporation, or bylaws provide

  4  otherwise, a vacancy on the board of administration caused by

  5  the expiration of a director's term shall be filled by

  6  electing a new board member, and the election shall be by

  7  secret closed ballot; however, if there is only one candidate

  8  or less for each open board position, then for election to

  9  fill the vacancy, no election is required. If there is no

10  provision in the master declaration, declaration of

11  condominium, articles of incorporation, or bylaws for terms of

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

13  members of the board of administration shall expire upon the

14  election of their successors at the annual meeting. Any unit

15  owner desiring to be a candidate for board membership shall

16  comply with subparagraph 3.

17         2.  The declaration of condominium, articles of

18  incorporation, or bylaws shall provide the method of calling

19  meetings of unit owners, including annual meetings. Written

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

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

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

23  the condominium property at least 14 continuous days preceding

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

25  shall by duly adopted rule designate a specific location on

26  the condominium property or association property upon which

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

28  if there is no condominium property or association property

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

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

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

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

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

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

  4  that one address which the developer initially identifies for

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

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

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

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

  9  association, or the manager or other person providing notice

10  of the association meeting, shall provide an affidavit or

11  United States Postal Service certificate of mailing, to be

12  included in the official records of the association affirming

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

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

15  furnished to the association. This subparagraph does not apply

16  to master associations, which must provide notice of and

17  conduct meetings as set forth in the master declaration, the

18  articles of incorporation, or bylaws of the master

19  association.

20         3.  After January 1, 1992, the members of the board of

21  administration shall be elected by written ballot or voting

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

23  board of administration, either in general elections or

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

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

26  than 60 days before a scheduled election, the association

27  shall mail or deliver, whether by separate association mailing

28  or included in another association mailing or delivery

29  including regularly published newsletters, to each unit owner

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

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

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  1  be a candidate for the board of administration must give

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

  3  a scheduled election.  Together with the written notice and

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

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

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

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

  8  association shall include an information sheet, no larger than

  9  8 1/2  inches by 11 inches, which must be furnished by the

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

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

12  mailing or delivery and copying to be borne by the

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

14  contents of the information sheets prepared by the candidates.

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

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

17  The division shall by rule establish voting procedures

18  consistent with the provisions contained herein, including

19  rules providing for the secrecy of ballots.  Elections shall

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

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

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

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

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

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

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

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

28  casting the ballot. Any unit owner violating this provision

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

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

31  meeting. The provisions of this subparagraph shall not apply

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  1  to timeshare condominium associations. Notwithstanding the

  2  provisions of this subparagraph, an election and balloting are

  3  not required unless more candidates file notices of intent to

  4  run or are nominated than vacancies exist on the board. This

  5  subparagraph does not apply to master associations, which must

  6  elect or seat their boards of administration as provided in

  7  the master declaration, the articles of incorporation, or

  8  bylaws of the master association.

  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 articles of incorporation, bylaws,

19  master or declaration, declaration of condominium, or any

20  statute which provides for such action.

21         5.  Unit owners may waive notice of specific meetings

22  if allowed by the applicable articles of incorporation,

23  bylaws, master or declaration, declaration of condominium, or

24  any statute.

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

26  meetings of unit owners with reference to all designated

27  agenda items. However, the association may adopt reasonable

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

29  owner participation.

30

31

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

  2  meeting of the unit owners subject to reasonable rules adopted

  3  by the division.

  4

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

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

  7  interests, provide for different voting and election

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

  9  specifically delineating the different voting and election

10  procedures. The different voting and election procedures may

11  provide for elections to be conducted by limited or general

12  proxy.

13         8.  Unless otherwise provided in the declaration of

14  condominium, articles of incorporation, or bylaws, any vacancy

15  occurring on the board before the expiration of a term may be

16  filled by the affirmative vote of the majority of the

17  remaining directors, even if the remaining directors

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

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

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

21  conform to the requirements of subparagraph 3., unless the

22  association has opted out of the statutory election process,

23  in which case the declaration of condominium, articles of

24  incorporation, or bylaws of the association control. Unless

25  otherwise provided in the declaration of condominium, articles

26  of incorporation, or bylaws, a board member appointed or

27  elected under this section shall fill the vacancy for the

28  unexpired term of the seat being filled. Filling vacancies

29  created by recall is governed by paragraph (k) and rules

30  adopted by the division.

31

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

  2  mail or hand deliver to each unit owner at the address last

  3  furnished to the association a meeting notice and copies of

  4  the proposed annual budget of common expenses not less than 14

  5  days prior to the meeting of the unit owners or the board of

  6  administration at which the budget will be considered.

  7  Evidence of compliance with this 14-day notice must be made by

  8  an affidavit executed by an officer of the association or the

  9  manager or other person providing notice of the meeting and

10  filed among the official records of the association.  The

11  meeting must be open to the unit owners.  If an adopted budget

12  requires assessments against the unit owners in any fiscal or

13  calendar year which exceed 115 percent of the assessments for

14  the preceding year, the board, upon written application of 10

15  percent of the voting interests to the board, shall call a

16  special meeting of the unit owners within 30 days upon not

17  less than 10 days' written notice to each unit owner.  At the

18  special meeting, unit owners shall consider and enact a

19  budget.  Unless the bylaws require a larger vote, the adoption

20  of the budget requires a vote of not less than a majority vote

21  of all the voting interests. The board of administration may

22  propose a budget to the unit owners at a meeting of members or

23  in writing, and if the budget or proposed budget is approved

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

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

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

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

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

29  effect as scheduled.  In determining whether assessments

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

31  authorized provisions for reasonable reserves for repair or

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  1  replacement of the condominium property, anticipated expenses

  2  by the condominium association which are not anticipated to be

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

  4  betterments to the condominium property must be excluded from

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

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

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

  8  the prior fiscal or calendar year's assessment without

  9  approval of a majority of all the voting interests. This

10  subparagraph does not apply to master associations, which must

11  adopt and provide notice of proposed budgets as provided in

12  the master declaration, the articles of incorporation, or

13  bylaws of the master association.

14         (f)  Annual budget.--

15         1.  The proposed annual budget of common expenses shall

16  be detailed and shall show the amounts budgeted by accounts

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

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

19  addition, if the association maintains limited common elements

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

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

22  budget or a schedule attached thereto shall show amounts

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

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

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

26  This subparagraph does not apply to master associations, which

27  must prepare and adopt proposed budgets in the manner provided

28  in the master declaration, the articles of incorporation, or

29  bylaws of the master association.

30         2.  In addition to annual operating expenses, the

31  budget shall include reserve accounts for capital expenditures

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  1  and deferred maintenance. These accounts shall include, but

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

  3  pavement resurfacing, regardless of the amount of deferred

  4  maintenance expense or replacement cost, and for any other

  5  item for which the deferred maintenance expense or replacement

  6  cost exceeds $10,000. Master associations shall establish

  7  reserves for any asset or infrastructure component owned or

  8  maintained by the master association for which the replacement

  9  cost or deferred maintenance expense exceeds $10,000. The

10  amount to be reserved shall be computed by means of a formula

11  which is based upon estimated remaining useful life and

12  estimated replacement cost or deferred maintenance expense of

13  each reserve item.  The association may adjust replacement

14  reserve assessments annually to take into account any changes

15  in estimates or extension of the useful life of a reserve item

16  caused by deferred maintenance. This subsection does not apply

17  to budgets in which the members of an association or in the

18  case of master associations, their designated voting

19  representatives, have, by a majority vote present in person or

20  by proxy, and voting at a duly called meeting of the

21  association, determined for a fiscal year to provide no

22  reserves or reserves less adequate than required by this

23  subsection. However, prior to turnover of control of an

24  association by a developer to unit owners other than a

25  developer pursuant to s. 718.301, the developer may vote to

26  waive the reserves or reduce the funding of reserves for the

27  first 2 years of the operation of the association, after which

28  time reserves may only be waived or reduced upon the vote of a

29  majority of all nondeveloper voting interests voting in person

30  or by limited proxy at a duly called meeting of the

31  association. If a meeting of the unit owners has been called

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  1  to determine to provide no reserves or reserves less adequate

  2  than required, and such result is not attained or a quorum is

  3  not attained, the reserves as included in the budget shall go

  4  into effect.

  5         3.  Reserve funds and any interest accruing thereon

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

  7  used only for authorized reserve expenditures unless their use

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

  9  majority of the entire voting interests or in the case of

10  master associations, their designated voting representatives,

11  voting in person or by limited proxy at a duly called meeting

12  of the association. Prior to turnover of control of an

13  association by a developer to unit owners other than the

14  developer pursuant to s. 718.301, the developer-controlled

15  association shall not vote to use reserves for purposes other

16  than that for which they were intended without the approval of

17  a majority of all nondeveloper voting interests, voting in

18  person or by limited proxy at a duly called meeting of the

19  association.

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

21  unit owners their shares of the common expenses shall be

22  stated in the master declaration, declaration of condominium,

23  articles of incorporation, or bylaws. Assessments shall be

24  made against units not less frequently than quarterly in an

25  amount which is not less than that required to provide funds

26  in advance for payment of all of the anticipated current

27  operating expenses and for all of the unpaid operating

28  expenses previously incurred. Master associations may collect

29  assessments annually. Nothing in this paragraph shall preclude

30  the right of an association to accelerate assessments of an

31  owner delinquent in payment of common expenses if such

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  1  authority is contained in the master declaration, declaration

  2  of condominium, articles of incorporation, or bylaws.

  3  Accelerated assessments shall be due and payable on the date

  4  the claim of lien is filed. Such accelerated assessments shall

  5  include the amounts due for the remainder of the budget year

  6  in which the claim of lien was filed.

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

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

  9  administration may be recalled and removed from office with or

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

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

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

13  administration may be called by 10 percent of the voting

14  interests giving notice of the meeting as required for a

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

16  of the meeting. The master declaration, declaration of

17  condominium, articles of incorporation, or bylaws for

18  multi-condominium associations and master associations may

19  specify alternative recall procedures.

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

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

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

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

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

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

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

27  recalled effective immediately and shall turn over to the

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

29  property of the association in their possession, or shall

30  proceed as set forth in subparagraph 3.

31

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

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

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

  4  association by certified mail or by personal service in the

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

  6  Procedure. The board of administration shall duly notice and

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

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

  9  shall either certify the written agreement to recall a member

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

11  shall be recalled effective immediately and shall turn over to

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

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

14  described in subparagraph 3.

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

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

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

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

19  with the division a petition for arbitration pursuant to the

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

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

22  agreement in writing shall constitute one party under the

23  petition for arbitration. If the arbitrator certifies the

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

25  will be effective upon mailing of the final order of

26  arbitration to the association. If the association fails to

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

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

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

30  association in their possession within 5 full business days of

31  the effective date of the recall.

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

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

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

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

  5  effective and the board members so recalled shall immediately

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

  7  association.

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

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

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

11  a majority of the remaining directors, notwithstanding any

12  provision to the contrary contained in this subsection. If

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

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

15  vacancies shall be filled in accordance with procedural rules

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

17  consistent with this subsection. The rules must provide

18  procedures governing the conduct of the recall election as

19  well as the operation of the association during the period

20  after a recall but prior to the recall election.

21         Section 4.  Subsections (2) and (5) of section 718.113,

22  Florida Statutes, are amended to read:

23         718.113  Maintenance; limitation upon improvement;

24  display of flag; hurricane shutters.--

25         (2)  Except as otherwise provided in this section,

26  there shall be no material alteration or substantial additions

27  to the common elements or to real property which is

28  association property, except in a manner provided in the

29  master declaration, declaration of condominium, articles of

30  incorporation, or bylaws.  If the master declaration,

31  declaration of condominium, articles of incorporation, or

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  1  bylaws do does not specify the procedure for approval of

  2  alterations or additions, 75 percent of the total voting

  3  interests of the association must approve the alterations or

  4  additions.

  5         (5)  Each board of administration shall adopt hurricane

  6  shutter specifications for each building within each

  7  condominium operated by the association which shall include

  8  color, style, and other factors deemed relevant by the board.

  9  This subsection does not apply to master associations. All

10  specifications adopted by the board shall comply with the

11  applicable building code. Notwithstanding any provision to the

12  contrary in the condominium documents, if approval is required

13  by the documents, a board shall not refuse to approve the

14  installation or replacement of hurricane shutters conforming

15  to the specifications adopted by the board. The board may,

16  subject to the provisions of s. 718.3026, and the approval of

17  a majority of voting interests of the condominium, install

18  hurricane shutters and may maintain, repair, or replace such

19  approved hurricane shutters, whether on or within common

20  elements, limited common elements, units, or association

21  property.  However, where laminated glass or window film

22  architecturally designed to function as hurricane protection

23  which complies with the applicable building code has been

24  installed, the board may not install hurricane shutters. The

25  board may operate shutters installed pursuant to this

26  subsection without permission of the unit owners only where

27  such operation is necessary to preserve and protect the

28  condominium property and association property.  The

29  installation, replacement, operation, repair, and maintenance

30  of such shutters in accordance with the procedures set forth

31  herein shall not be deemed a material alteration to the common

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  1  elements or association property within the meaning of this

  2  section.

  3         Section 5.  Section 718.114, Florida Statutes, is

  4  amended to read:

  5         718.114  Association powers.--An association has the

  6  power to enter into agreements, to acquire leaseholds,

  7  memberships, and other possessory or use interests in lands or

  8  facilities such as country clubs, golf courses, marinas, and

  9  other recreational facilities.  It has this power whether or

10  not the lands or facilities are contiguous to the lands of the

11  condominium, if they are intended to provide enjoyment,

12  recreation, or other use or benefit to the unit owners. All of

13  these leaseholds, memberships, and other possessory or use

14  interests existing or created at the time of recording the

15  declaration must be stated and fully described in the master

16  declaration, declaration of condominium, articles of

17  incorporation, or bylaws. Subsequent to the recording of the

18  declaration, the association may not acquire or enter into

19  agreements acquiring these leaseholds, memberships, or other

20  possessory or use interests except as authorized by the master

21  declaration, declaration of condominium, articles of

22  incorporation, or bylaws.  The master declaration, declaration

23  of condominium, articles of incorporation, or bylaws may

24  provide that the rental, membership fees, operations,

25  replacements, and other expenses are common expenses and may

26  impose covenants and restrictions concerning their use and may

27  contain other provisions not inconsistent with this chapter.

28  A condominium association may conduct bingo games as provided

29  in s. 849.0931.

30         Section 6.  Paragraph (b) of subsection (1) of section

31  718.115, Florida Statutes, is amended to read:

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  1         718.115  Common expenses and common surplus.--

  2         (1)

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

  4  telecommunication services, a master antenna television

  5  system, or duly franchised cable television service obtained

  6  pursuant to a bulk contract shall be deemed a common expense.

  7  If the declaration does not provide for the cost of

  8  telecommunications services, a master antenna television

  9  system, or duly franchised cable television service obtained

10  under a bulk contract as a common expense, the board of

11  administration may enter into such a contract and the cost of

12  the service will be an association expense but allocated on a

13  per-unit basis rather than a percentage basis if the

14  declaration provides for other than an equal sharing of common

15  expenses. Any contract entered into under this section, other

16  than those provided for in the original declaration as

17  recorded, in which the cost of the service is not equally

18  divided among all unit owners, may be changed by vote of a

19  majority of the voting interests present at the next regular

20  or special meeting of the association, to allocate the cost

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

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

23  written contract between the board of administration and the

24  company providing the master television antenna system or the

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

26  not less than 2 years.

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

28  date hereof for a community antenna system or duly franchised

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

30  voting interests present at the next regular or special

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

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

  2  motion fails to obtain the required majority at the next

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

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

  5  ratified for the term therein expressed.

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

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

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

  9  unit with a nonhearing impaired or sighted person may

10  discontinue the service without incurring disconnect fees,

11  penalties, or subsequent service charges, and as to such

12  units, the owners shall not be required to pay any common

13  expenses charge related to such service.  If less than all

14  members of an association share the expenses of cable

15  television, the expense shall be shared equally by all

16  participating unit owners.  The association may use the

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

18  such costs by the unit owners receiving cable television.

19         Section 7.  Paragraph (b) of subsection (1) of section

20  718.116, Florida Statutes, is amended to read:

21         718.116  Assessments; liability; lien and priority;

22  interest; collection.--

23         (1)

24         (b)  The liability of a first mortgagee or its

25  successor or assignees who acquire title to a unit by

26  foreclosure or by deed in lieu of foreclosure for the unpaid

27  assessments that became due prior to the mortgagee's

28  acquisition of title is limited to the lesser of:

29         1.  The unit's unpaid common expenses and regular

30  periodic assessments which accrued or came due during the 6

31  months immediately preceding the acquisition of title and for

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  1  which payment in full has not been received by the

  2  association; or

  3         2.  Five One percent of the original mortgage debt. The

  4  provisions of this paragraph shall not apply unless the first

  5  mortgagee joined the association as a defendant in the

  6  foreclosure action. Joinder of the association is not required

  7  if, on the date the complaint is filed, the association was

  8  dissolved or did not maintain an office or agent for service

  9  of process at a location which was known to or reasonably

10  discoverable by the mortgagee.

11         Section 8.  Section 718.501, Florida Statutes, is

12  amended to read:

13         718.501  Powers and duties of Division of Florida Land

14  Sales, Condominiums, and Mobile Homes.--

15         (1)  The Division of Florida Land Sales, Condominiums,

16  and Mobile Homes of the Department of Business and

17  Professional Regulation, referred to as the "division" in this

18  part, in addition to other powers and duties prescribed by

19  chapter 498, has the power, subject to the limitations set

20  forth in this chapter, to enforce and ensure compliance with

21  the provisions of this chapter and rules promulgated pursuant

22  hereto relating to the development, construction, sale, lease,

23  ownership, operation, and management of residential

24  condominium units. In performing its duties, the division has

25  the following powers and duties:

26         (a)  The division may make necessary public or private

27  investigations within or outside this state to determine

28  whether any person has violated this chapter or any rule or

29  order hereunder, to aid in the understanding and enforcement

30  of this chapter, or to aid in the adoption of rules or forms

31  hereunder.

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  1         1.  In connection with any investigation of an

  2  association, upon determining that a violation of this chapter

  3  or any division rule or order has occurred, the division shall

  4  enter appropriate orders to promptly correct or alleviate any

  5  actual harm caused by the violation.

  6         2.  The division may not levy a fine or civil penalty

  7  against an association controlled by unit owners other than

  8  the developer for a first time finding of violation of any

  9  provision of this chapter or the division's rules. The

10  division shall, in connection with allegations of a first time

11  violation, send written notice to the association advising of

12  the violation, together with written remedial educational

13  materials to the association addressing the substantive areas

14  of violation. Such notice and materials shall become official

15  records of the association. The notice must be posted in the

16  conspicuous locations established for the posting of notices

17  under s. 718.112(2)(c) and (2)(d)2. for a continuous period of

18  at least 14 days.

19         3.  In connection with violations by unit owner

20  controlled associations of the same provisions of this chapter

21  or division rule occurring subsequent to providing the notice

22  set forth in subparagraph 2., and in the absence of proof that

23  the violations were committed willfully and knowingly, the

24  division may levy penalties or fines against associations for

25  purposes of deterrence and punishment not to exceed $1,000 per

26  offense, and not to exceed an aggregate total of $5,000 for

27  multiple offenses arising from the same transaction or

28  occurrence. If the violations were knowing and willful, the

29  division may levy fines of $5,000 per offense. The total fines

30  arising from an investigation involving any violation or

31  series of violations may not exceed the lesser of $20,000 or

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  1  $300 per-unit per-condominium affected by the violation. This

  2  section does not preclude the division from taking other

  3  remedies available by law to protect the health, safety, and

  4  welfare of the condominium or the association.

  5         4.  When the division has levied a fine in accordance

  6  with subparagraph 3., the division shall also offer the

  7  association the option of avoiding the imposition of the fine

  8  by completing an appropriate educational program approved by

  9  the division. The division shall adopt rules prescribing the

10  materials to be used, the qualifications of educational

11  providers, and the conduct of the program. It is permissible

12  to use programs and materials approved for education of

13  licensed community association managers. The costs and

14  expenses of appropriate educational programs constitute a

15  permissible common expense, and such programs must be open to

16  all members of the association who wish to attend. The

17  division need not offer an educational alternative in the case

18  of knowing and willful violations.

19         (b)  The division may require or permit any person to

20  file a statement in writing, under oath or otherwise, as the

21  division determines, as to the facts and circumstances

22  concerning a matter to be investigated.

23         (c)  For the purpose of any investigation under this

24  chapter, the division director or any officer or employee

25  designated by the division director may administer oaths or

26  affirmations, subpoena witnesses and compel their attendance,

27  take evidence, and require the production of any matter which

28  is relevant to the investigation, including the existence,

29  description, nature, custody, condition, and location of any

30  books, documents, or other tangible things and the identity

31  and location of persons having knowledge of relevant facts or

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  1  any other matter reasonably calculated to lead to the

  2  discovery of material evidence. Upon the failure by a person

  3  to obey a subpoena or to answer questions propounded by the

  4  investigating officer and upon reasonable notice to all

  5  persons affected thereby, the division may apply to the

  6  circuit court for an order compelling compliance.

  7         (d)  Notwithstanding any remedies available to unit

  8  owners and associations, if the division has reasonable cause

  9  to believe that a violation of any provision of this chapter

10  or rule promulgated pursuant hereto has occurred, the division

11  may institute enforcement proceedings in its own name against

12  any developer, association, officer, or member of the board of

13  administration, or its assignees or agents, as follows:

14         1.  The division may permit a person whose conduct or

15  actions may be under investigation to waive formal proceedings

16  and enter into a consent proceeding whereby orders, rules, or

17  letters of censure or warning, whether formal or informal, may

18  be entered against the person. Proceedings to enforce orders

19  and agreements entered into in consent proceedings must be

20  brought in the county where the condominium is located.

21         2.  The division may issue an order requiring the

22  developer, association, officer, or member of the board of

23  administration, or its assignees or agents, to cease and

24  desist from the unlawful practice and take such affirmative

25  action as in the judgment of the division will carry out the

26  purposes of this chapter. Such affirmative action may include,

27  but is not limited to, an order requiring a developer to pay

28  moneys determined to be owed to a condominium association.

29         3.  The division may bring an action in circuit court

30  on behalf of a class of unit owners, lessees, or purchasers

31  for declaratory relief, injunctive relief, or restitution.

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  1         4.  Subject to the limitations in paragraph (1)(a), the

  2  division may impose a civil penalty against a developer or

  3  association, or its assignee or agent, for any violation of

  4  this chapter or a rule promulgated pursuant hereto. The

  5  division may impose a civil penalty individually against any

  6  officer or board member who willfully and knowingly violates a

  7  provision of this chapter, a rule adopted pursuant hereto, or

  8  a final order of the division. The term "willfully and

  9  knowingly" means that the division informed the officer or

10  board member that his or her action or intended action

11  violates this chapter, a rule adopted under this chapter, or a

12  final order of the division and that the officer or board

13  member refused to comply with the requirements of this

14  chapter, a rule adopted under this chapter, or a final order

15  of the division. Persons receiving only the notice and

16  educational materials specified in paragraph (1)(a) are not

17  considered to have been so informed. The division, prior to

18  initiating formal agency action under chapter 120, shall

19  afford the officer or board member an opportunity to

20  voluntarily comply with this chapter, a rule adopted under

21  this chapter, or a final order of the division. An officer or

22  board member who complies within 10 days is not subject to a

23  civil penalty. A penalty may be imposed on the basis of each

24  day of continuing willful and knowing violation, but in no

25  event shall the penalty for any offense exceed $5,000. By

26  January 1, 1998, the division shall adopt, by rule, penalty

27  guidelines applicable to possible violations or to categories

28  of violations of this chapter or rules adopted by the

29  division. The guidelines are subject to the limitations of

30  paragraph (1)(a) and must specify a meaningful range of civil

31  penalties for each such violation of the statute and rules and

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  1  must be based upon the harm caused by the violation, the

  2  repetition of the violation, and upon such other factors

  3  deemed relevant by the division. For example, the division may

  4  consider whether the violations were committed by a developer

  5  or owner-controlled association, the size of the association,

  6  and other factors. The guidelines must designate the possible

  7  mitigating or aggravating circumstances that justify a

  8  departure from the range of penalties provided by the rules.

  9  It is the legislative intent that minor violations be

10  distinguished from those which endanger the health, safety, or

11  welfare of the condominium residents or other persons and that

12  such guidelines provide reasonable and meaningful notice to

13  the public of likely penalties that may be imposed for

14  proscribed conduct. This subsection does not limit the ability

15  of the division to informally dispose of administrative

16  actions or complaints by stipulation, agreed settlement, or

17  consent order. All amounts collected shall be deposited with

18  the Treasurer to the credit of the Division of Florida Land

19  Sales, Condominiums, and Mobile Homes Trust Fund. If a

20  developer fails to pay the civil penalty, the division shall

21  thereupon issue an order directing that such developer cease

22  and desist from further operation until such time as the civil

23  penalty is paid or may pursue enforcement of the penalty in a

24  court of competent jurisdiction. If an association fails to

25  pay the civil penalty, the division shall thereupon pursue

26  enforcement in a court of competent jurisdiction, and the

27  order imposing the civil penalty or the cease and desist order

28  will not become effective until 20 days after the date of such

29  order. Any action commenced by the division shall be brought

30  in the county in which the division has its executive offices

31  or in the county where the violation occurred.

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  1         (e)  The division is authorized to prepare and

  2  disseminate a prospectus and other information to assist

  3  prospective owners, purchasers, lessees, and developers of

  4  residential condominiums in assessing the rights, privileges,

  5  and duties pertaining thereto.

  6         (f)  The division is authorized to promulgate rules,

  7  pursuant to chapter 120, necessary to implement, enforce, and

  8  interpret this chapter.

  9         (g)  The division shall establish procedures for

10  providing notice to an association when the division is

11  considering the issuance of a declaratory statement with

12  respect to the declaration of condominium or any related

13  document governing in such condominium community.

14         (h)  The division shall furnish each association which

15  pays the fees required by paragraph (2)(a) a copy of this act,

16  subsequent changes to this act on an annual basis, an amended

17  version of this act as it becomes available from the Secretary

18  of State's office on a biennial basis, and the rules

19  promulgated pursuant thereto on an annual basis.

20         (i)  The division shall annually provide each

21  association with a summary of declaratory statements and

22  formal legal opinions relating to the operations of

23  condominiums which were rendered by the division during the

24  previous year.

25         (j)  The division shall adopt uniform accounting

26  principles, policies, and standards to be used by all

27  associations in the preparation and presentation of all

28  financial statements required by this chapter. The principles,

29  policies, and standards shall take into consideration the size

30  of the association and the total revenue collected by the

31  association.

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  1         (k)  The division shall provide training programs for

  2  condominium association board members and unit owners as an

  3  integral part of any enforcement program in which

  4  investigations are undertaken and fines are levied.

  5         (l)  The division shall maintain a toll-free telephone

  6  number accessible to condominium unit owners.

  7         (m)  The division shall develop a program to certify

  8  both volunteer and paid mediators to provide mediation of

  9  condominium disputes. The division shall provide, upon

10  request, a list of such mediators to any association, unit

11  owner, or other participant in arbitration proceedings under

12  s. 718.1255 requesting a copy of the list. The division shall

13  include on the list of volunteer mediators only the names of

14  persons who have received at least 20 hours of training in

15  mediation techniques or who have mediated at least 20

16  disputes. In order to become initially certified by the

17  division, paid mediators must be certified by the Supreme

18  Court to mediate court cases in either county or circuit

19  courts. However, the division may adopt, by rule, additional

20  factors for the certification of paid mediators, which factors

21  must be related to experience, education, or background. Any

22  person initially certified as a paid mediator by the division

23  must, in order to continue to be certified, comply with the

24  factors or requirements imposed by rules adopted by the

25  division.

26         (n)  When a complaint is made, the division shall

27  conduct its inquiry with due regard to the interests of the

28  affected parties. Within 30 days after receipt of a complaint,

29  the division shall acknowledge the complaint in writing and

30  notify the complainant whether the complaint is within the

31  jurisdiction of the division and whether additional

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  1  information is needed by the division from the complainant.

  2  The division shall conduct its investigation and shall, within

  3  90 days after receipt of the original complaint or of timely

  4  requested additional information, take action upon the

  5  complaint. However, the failure to complete the investigation

  6  within 90 days does not prevent the division from continuing

  7  the investigation, accepting or considering evidence obtained

  8  or received after 90 days, or taking administrative action if

  9  reasonable cause exists to believe that a violation of this

10  chapter or a rule of the division has occurred. If an

11  investigation is not completed within the time limits

12  established in this paragraph, the division shall, on a

13  monthly basis, notify the complainant in writing of the status

14  of the investigation. When reporting its action to the

15  complainant, the division shall inform the complainant of any

16  right to a hearing pursuant to ss. 120.569 and 120.57.

17         (2)(a)  Effective January 1, 1992, each condominium

18  association which operates more than two units shall pay to

19  the division an annual fee in the amount of $4 for each

20  residential unit in condominiums operated by the association.

21  If the fee is not paid by March 1, then the association shall

22  be assessed a penalty of 10 percent of the amount due, and the

23  association will not have standing to maintain or defend any

24  action in the courts of this state until the amount due, plus

25  any penalty, is paid. The division does not have the power to

26  levy a fine or penalty in addition to the penalty specified in

27  this subsection for failure to timely pay the annual fee.

28         (b)  All fees shall be deposited in the Division of

29  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

30  as provided by law.

31

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  1         Section 9.  Subsection (28) of section 721.05, Florida

  2  Statutes, is amended to read:

  3         721.05  Definitions.--As used in this chapter, the

  4  term:

  5         (28)  "Timeshare estate" means a right to occupy a

  6  timeshare unit, coupled with a freehold estate or an estate

  7  for years with a future interest in a timeshare property or a

  8  specified portion thereof.  The term shall also mean an

  9  interest in a condominium unit pursuant to s. 718.103(25) s.

10  718.103(22).

11         Section 10.  This act shall take effect July 1, 1998.

12

13            *****************************************

14                          SENATE SUMMARY

15    Amends various sections of chapter 718, F.S., to provide
      that the creation, sale, and operation of condominiums
16    may be accomplished through a master declaration,
      declaration of condominium, articles of incorporation, or
17    bylaws. Provides procedures for the Division of Florida
      Land Sales, Condominiums, and Mobile Homes of the
18    Department of Business and Professional Regulation to
      investigate violations of the law and to impose fines.
19

20

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