SENATE AMENDMENT
Bill No. CS for CS for SB 2984
Amendment No. ___ Barcode 313072
CHAMBER ACTION
Senate House
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11 Senator Campbell moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 On page 3, line 6,
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16 insert:
17 Section 1. Paragraph (e) of subsection (12) of section
18 718.111, Florida Statutes, is amended to read:
19 718.111 The association.--
20 (12) OFFICIAL RECORDS.--
21 (e)1. The association or its authorized agent is shall
22 not be required to provide a prospective purchaser or
23 lienholder with information about the condominium or the
24 association other than information or documents required by
25 this chapter to be made available or disclosed. The
26 association or its authorized agent may shall be entitled to
27 charge a reasonable fee to the prospective purchaser,
28 lienholder, or the current unit owner for its time in
29 providing good faith responses to requests for information by
30 or on behalf of a prospective purchaser or lienholder, other
31 than that required by law, if the provided that such fee does
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1 shall not exceed $150 plus the reasonable cost of photocopying
2 and any attorney's fees incurred by the association in
3 connection with the association's response.
4 2. An association and its authorized agent are not
5 liable for providing such information in good faith pursuant
6 to a written request if the person providing the information
7 includes a written statement in substantially the following
8 form: "The responses herein are made in good faith and to the
9 best of my ability as to their accuracy."
10 Section 2. Subsection (2) of section 720.303, Florida
11 Statutes, is amended to read:
12 720.303 Association powers and duties; meetings of
13 board; official records; budgets; financial reporting.--
14 (2) BOARD MEETINGS.--A meeting of the board of
15 directors of an association occurs whenever a quorum of the
16 board gathers to conduct association business. All meetings
17 of the board must be open to all members except for meetings
18 between the board and its attorney with respect to proposed or
19 pending litigation where the contents of the discussion would
20 otherwise be governed by the attorney-client privilege.
21 Notices of all board meetings must be posted in a conspicuous
22 place in the community at least 48 hours in advance of a
23 meeting, except in an emergency. In the alternative, if
24 notice is not posted in a conspicuous place in the community,
25 notice of each board meeting must be mailed or delivered to
26 each member at least 7 days before the meeting, except in an
27 emergency. Notwithstanding this general notice requirement,
28 for communities with more than 100 members, the bylaws may
29 provide for a reasonable alternative to posting or mailing of
30 notice for each board meeting, including publication of
31 notice, provision of a schedule of board meetings, or the
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1 conspicuous posting and repeated broadcasting of the notice on
2 a closed-circuit cable television system serving the
3 homeowners' association. However, if broadcast notice is used
4 in lieu of a notice posted physically in the community, the
5 notice must be broadcast at least four times every broadcast
6 hour of each day that a posted notice is otherwise required.
7 When broadcast notice is provided, the notice and agenda must
8 be broadcast in a manner and for a sufficient continuous
9 length of time so as to allow an average reader to observe the
10 notice and read and comprehend the entire content of the
11 notice and the agenda. The bylaws or amended bylaws may
12 provide for giving notice by electronic transmission in a
13 manner authorized by law for meetings of the board of
14 directors, committee meetings requiring notice under this
15 section, and annual and special meetings of the members;
16 however, a member must consent in writing to receiving notice
17 by electronic transmission. An assessment may not be levied at
18 a board meeting unless a written the notice of the meeting is
19 provided to all members at least 14 days before the meeting,
20 which notice includes a statement that assessments will be
21 considered at the meeting and the nature of the assessments.
22 Rules that regulate the use of parcels in the community may
23 not be adopted, amended, or revoked at a board meeting unless
24 a written meeting notice is provided to all members at least
25 14 days before the meeting, which notice includes a statement
26 that changes to the rules regarding the use of parcels will be
27 considered at the meeting. Directors may not vote by proxy or
28 by secret ballot at board meetings, except that secret ballots
29 may be used in the election of officers. This subsection also
30 applies to the meetings of any committee or other similar
31 body, when a final decision will be made regarding the
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1 expenditure of association funds, and to any body vested with
2 the power to approve or disapprove architectural decisions
3 with respect to a specific parcel of residential property
4 owned by a member of the community.
5 Section 3. Subsection (3) of section 768.1325, Florida
6 Statutes, is amended, and subsection (6) is added to that
7 section, to read:
8 768.1325 Cardiac Arrest Survival Act; immunity from
9 civil liability.--
10 (3) Notwithstanding any other provision of law to the
11 contrary, and except as provided in subsection (4), any person
12 who uses or attempts to use an automated external
13 defibrillator device on a victim of a perceived medical
14 emergency, without objection of the victim of the perceived
15 medical emergency, is immune from civil liability for any harm
16 resulting from the use or attempted use of such device. In
17 addition, any person who acquired the device, including, but
18 not limited to, a community association organized under
19 chapter 617, chapter 718, chapter 719, chapter 720, chapter
20 721, or chapter 723, is immune from such liability, if the
21 harm was not due to the failure of such acquirer of the device
22 to:
23 (a) Notify the local emergency medical services
24 medical director of the most recent placement of the device
25 within a reasonable period of time after the device was
26 placed;
27 (b) Properly maintain and test the device; or
28 (c) Provide appropriate training in the use of the
29 device to an employee or agent of the acquirer when the
30 employee or agent was the person who used the device on the
31 victim, except that such requirement of training does not
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1 apply if:
2 1. The employee or agent was not an employee or agent
3 who would have been reasonably expected to use the device; or
4 2. The period of time elapsing between the engagement
5 of the person as an employee or agent and the occurrence of
6 the harm, or between the acquisition of the device and the
7 occurrence of the harm in any case in which the device was
8 acquired after engagement of the employee or agent, was not a
9 reasonably sufficient period in which to provide the training.
10 (6) An insurer may not require an acquirer of an
11 automated external defibrillator device which is a community
12 association organized under chapter 617, chapter 718, chapter
13 719, chapter 720, chapter 721, or chapter 723 to purchase
14 medical malpractice liability coverage as a condition of
15 issuing any other coverage carried by the association, and an
16 insurer may not exclude damages resulting from the use of an
17 automated external defibrillator device from coverage under a
18 general liability policy issued to an association.
19 Section 4. Paragraphs (f) and (l) of subsection (2) of
20 section 718.112, Florida Statutes, are amended to read:
21 718.112 Bylaws.--
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 (f) Annual budget.--
26 1. The proposed annual budget of common expenses shall
27 be detailed and shall show the amounts budgeted by accounts
28 and expense classifications, including, if applicable, but not
29 limited to, those expenses listed in s. 718.504(21). A
30 multicondominium association shall adopt a separate budget of
31 common expenses for each condominium the association operates
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1 and shall adopt a separate budget of common expenses for the
2 association. In addition, if the association maintains limited
3 common elements with the cost to be shared only by those
4 entitled to use the limited common elements as provided for in
5 s. 718.113(1), the budget or a schedule attached thereto shall
6 show amounts budgeted therefor. If, after turnover of control
7 of the association to the unit owners, any of the expenses
8 listed in s. 718.504(21) are not applicable, they need not be
9 listed.
10 2. In addition to annual operating expenses, the
11 budget shall include reserve accounts for capital expenditures
12 and deferred maintenance. These accounts shall include, but
13 are not limited to, roof replacement, building painting, and
14 pavement resurfacing, regardless of the amount of deferred
15 maintenance expense or replacement cost, and for any other
16 item for which the deferred maintenance expense or replacement
17 cost exceeds $10,000. The amount to be reserved shall be
18 computed by means of a formula which is based upon estimated
19 remaining useful life and estimated replacement cost or
20 deferred maintenance expense of each reserve item. The
21 association may adjust replacement reserve assessments
22 annually to take into account any changes in estimates or
23 extension of the useful life of a reserve item caused by
24 deferred maintenance. This subsection does not apply to an
25 adopted budget in which the members of an association have
26 determined, by a majority vote at a duly called meeting of the
27 association, to provide no reserves or less reserves than
28 required by this subsection. However, prior to turnover of
29 control of an association by a developer to unit owners other
30 than a developer pursuant to s. 718.301, the developer may
31 vote to waive the reserves or reduce the funding of reserves
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1 for the first 2 fiscal years of the association's operation,
2 beginning with the fiscal year in which the initial
3 declaration is recorded, after which time reserves may be
4 waived or reduced only upon the vote of a majority of all
5 nondeveloper voting interests voting in person or by limited
6 proxy at a duly called meeting of the association. If a
7 meeting of the unit owners has been called to determine
8 whether to waive or reduce the funding of reserves, and no
9 such result is achieved or a quorum is not attained, the
10 reserves as included in the budget shall go into effect. After
11 the turnover, the developer may vote its voting interest to
12 waive or reduce the funding of reserves.
13 3. Reserve funds and any interest accruing thereon
14 shall remain in the reserve account or accounts, and shall be
15 used only for authorized reserve expenditures unless their use
16 for other purposes is approved in advance by a majority vote
17 at a duly called meeting of the association. Prior to turnover
18 of control of an association by a developer to unit owners
19 other than the developer pursuant to s. 718.301, the
20 developer-controlled association shall not vote to use
21 reserves for purposes other than that for which they were
22 intended without the approval of a majority of all
23 nondeveloper voting interests, voting in person or by limited
24 proxy at a duly called meeting of the association.
25 4. In a multicondominium association, The only voting
26 interests which are eligible to vote on questions that involve
27 waiving or reducing the funding of reserves, or using existing
28 reserve funds for purposes other than purposes for which the
29 reserves were intended, are the voting interests of the units
30 subject to assessment to fund the reserves in question.
31 (l) Certificate of compliance.--There shall be a
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1 provision that a certificate of compliance from a licensed
2 electrical contractor or electrician may be accepted by the
3 association's board as evidence of compliance of the
4 condominium units with the applicable fire and life safety
5 code. Notwithstanding the provisions of chapter 633 or of any
6 other code, statute, ordinance, administrative rule, or
7 regulation, or any interpretation of the foregoing, an
8 association, condominium, or unit owner is not obligated to
9 retrofit the common elements or units of a residential
10 condominium with a fire sprinkler system or other engineered
11 lifesafety system in a building that has been certified for
12 occupancy by the applicable governmental entity, if the unit
13 owners have voted to forego such retrofitting and engineered
14 lifesafety system by the affirmative vote of two-thirds of all
15 voting interests in the affected condominium. However, a
16 condominium association may not vote to forego the
17 retrofitting with a fire sprinkler system of common areas in a
18 high-rise building. For purposes of this subsection, the term
19 "high-rise building" means a building that is greater than 75
20 feet in height where the building height is measured from the
21 lowest level of fire department access to the floor of the
22 highest occupiable story. For purposes of this subsection, the
23 term "common areas" means any enclosed hallway, corridor,
24 lobby, stairwell, or entryway. In no event shall the local
25 authority having jurisdiction require completion of
26 retrofitting of common areas with a sprinkler system before
27 the end of 2014.
28 1. A vote to forego retrofitting may not be obtained
29 by general proxy or limited proxy or by a ballot, but shall be
30 obtained by a vote personally cast at a duly called membership
31 meeting, or by execution of a written consent by the member,
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1 and shall be effective upon the recording of a certificate
2 attesting to such vote in the public records of the county
3 where the condominium is located. The association shall mail,
4 hand deliver, or electronically transmit to provide each unit
5 owner written notice at least 14 days prior to such membership
6 meeting in which of the vote to forego retrofitting of the
7 required fire sprinkler system is to take place, in at least
8 16-point bold type, by certified mail, within 20 days after
9 the association's vote. Within 30 days after the association's
10 opt-out vote, notice of the results of the opt-out vote shall
11 be mailed, hand delivered, or electronically transmitted to
12 all unit owners. Evidence of compliance with this 30-day
13 notice shall be made by an affidavit executed by the person
14 providing the notice and filed among the official records of
15 the association. After such notice is provided to each owner,
16 a copy of such notice shall be provided by the current owner
17 to a new owner prior to closing and shall be provided by a
18 unit owner to a renter prior to signing a lease.
19 2. As part of the information collected annually from
20 condominiums, the division shall require condominium
21 associations to report the membership vote and recording of a
22 certificate under this subsection and, if retrofitting has
23 been undertaken, the per-unit cost of such work. The division
24 shall annually report to the Division of State Fire Marshal of
25 the Department of Financial Services the number of
26 condominiums that have elected to forego retrofitting.
27 Section 5. Paragraph (a) of subsection (5) of section
28 719.1055, Florida Statutes, is amended to read:
29 719.1055 Amendment of cooperative documents;
30 alteration and acquisition of property.--
31 (5) Notwithstanding the provisions of chapter 633 or
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1 of any other code, statute, ordinance, administrative rule, or
2 regulation, or any interpretation of the foregoing, a
3 cooperative or unit owner is not obligated to retrofit the
4 common elements or units of a residential cooperative with a
5 fire sprinkler system or other engineered life safety system
6 in a building that has been certified for occupancy by the
7 applicable governmental entity, if the unit owners have voted
8 to forego such retrofitting and engineered life safety system
9 by the affirmative vote of two-thirds of all voting interests
10 in the affected cooperative. However, a cooperative may not
11 forego the retrofitting with a fire sprinkler system of common
12 areas in a high-rise building. For purposes of this
13 subsection, the term "high-rise building" means a building
14 that is greater than 75 feet in height where the building
15 height is measured from the lowest level of fire department
16 access to the floor of the highest occupiable story. For
17 purposes of this subsection, the term "common areas" means any
18 enclosed hallway, corridor, lobby, stairwell, or entryway. In
19 no event shall the local authority having jurisdiction require
20 completion of retrofitting of common areas with a sprinkler
21 system before the end of 2014.
22 (a) A vote to forego retrofitting may not be obtained
23 by general proxy or limited proxy or by a ballot, but shall be
24 obtained by a vote personally cast at a duly called membership
25 meeting, or by execution of a written consent by the member,
26 and shall be effective upon the recording of a certificate
27 attesting to such vote in the public records of the county
28 where the cooperative is located. The association shall mail,
29 hand deliver, or electronically transmit to provide each unit
30 owner written notice at least 14 days prior to such membership
31 meeting in which of the vote to forego retrofitting of the
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1 required fire sprinkler system is to take place, in at least
2 16-point bold type, by certified mail, within 20 days after
3 the association's vote. Within 30 days after the association's
4 opt-out vote, notice of the results of the opt-out vote shall
5 be mailed, hand delivered, or electronically transmitted to
6 all unit owners. Evidence of compliance with this 30-day
7 notice shall be made by an affidavit executed by the person
8 providing the notice and filed among the official records of
9 the association. After such notice is provided to each owner,
10 a copy of such notice shall be provided by the current owner
11 to a new owner prior to closing and shall be provided by a
12 unit owner to a renter prior to signing a lease.
13 Section 6. Subsection (2) of section 718.503, Florida
14 Statutes, is amended to read:
15 718.503 Developer disclosure prior to sale;
16 nondeveloper unit owner disclosure prior to sale;
17 voidability.--
18 (2) NONDEVELOPER DISCLOSURE.--
19 (a) Each unit owner who is not a developer as defined
20 by this chapter shall comply with the provisions of this
21 subsection prior to the sale of his or her unit. Each
22 prospective purchaser who has entered into a contract for the
23 purchase of a condominium unit is entitled, at the seller's
24 expense, to a current copy of the declaration of condominium,
25 articles of incorporation of the association, bylaws, and
26 rules of the association, and a copy of the financial
27 information required by s. 718.111, and the document entitled
28 "Frequently Asked Questions and Answers" required by s.
29 718.504.
30 (b) If a person licensed under part I of chapter 475
31 provides to or otherwise obtains for a prospective purchaser
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1 the documents described in this subsection, the person is not
2 liable for any error or inaccuracy contained in the documents.
3 (c) Each contract entered into after July 1, 1992, for
4 the resale of a residential unit shall contain in conspicuous
5 type either:
6 1. A clause which states: THE BUYER HEREBY
7 ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF
8 THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF
9 THE ASSOCIATION, BYLAWS AND, RULES OF THE ASSOCIATION, AND A
10 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND
11 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3
12 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR
13 TO EXECUTION OF THIS CONTRACT; or
14 2. A clause which states: THIS AGREEMENT IS VOIDABLE
15 BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION
16 TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND
17 LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT
18 BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE
19 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS
20 AND, RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT
21 YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS
22 AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
23 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.
24 BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE
25 THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS,
26 AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF
27 INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A
28 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND
29 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED
30 IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
31 TERMINATE AT CLOSING.
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1
2 A contract that does not conform to the requirements of this
3 paragraph is voidable at the option of the purchaser prior to
4 closing.
5 Section 7. Section 720.403, Florida Statutes, is
6 created to read:
7 720.403 Preservation of residential communities;
8 revival of declaration of covenants.--
9 (1) Consistent with required and optional elements of
10 local comprehensive plans and other applicable provisions of
11 the Local Government Comprehensive Planning and Land
12 Development Regulation Act, homeowners are encouraged to
13 preserve existing residential communities, promote available
14 and affordable housing, protect structural and aesthetic
15 elements of their residential community, and, as applicable,
16 maintain roads and streets, easements, water and sewer
17 systems, utilities, drainage improvements, conservation and
18 open areas, recreational amenities, and other infrastructure
19 and common areas that serve and support the residential
20 community by the revival of a previous declaration of
21 covenants and other governing documents that may have ceased
22 to govern some or all parcels in the community.
23 (2) In order to preserve a residential community and
24 the associated infrastructure and common areas for the
25 purposes described in this section, the parcel owners in a
26 community that was previously subject to a declaration of
27 covenants that has ceased to govern one or more parcels in the
28 community may revive the declaration and the homeowners'
29 association for the community upon approval by the parcel
30 owners to be governed thereby as provided in this act, and
31 upon approval of the declaration and the other governing
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1 documents for the association by the Department of Community
2 Affairs in a manner consistent with this act.
3 Section 8. Section 720.404, Florida Statutes, is
4 created to read:
5 720.404 Eligible residential communities; requirements
6 for revival of declaration.--Parcel owners in a community are
7 eligible to seek approval from the Department of Community
8 Affairs to revive a declaration of covenants under this act if
9 all of the following requirements are met:
10 (1) All parcels to be governed by the revived
11 declaration must have been once governed by a previous
12 declaration that has ceased to govern some or all of the
13 parcels in the community;
14 (2) The revived declaration must be approved in the
15 manner provided in s. 720.405(6); and
16 (3) The revived declaration may not contain covenants
17 that are more restrictive on the parcel owners than the
18 covenants contained in the previous declaration, except that
19 the declaration may:
20 (a) Have an effective term of longer duration than the
21 term of the previous declaration;
22 (b) Omit restrictions contained in the previous
23 declaration;
24 (c) Govern fewer than all of the parcels governed by
25 the previous declaration;
26 (d) Provide for amendments to the declaration and
27 other governing documents; and
28 (e) Contain provisions required by this chapter for
29 new declarations that were not contained in the previous
30 declaration.
31 Section 9. Section 720.405, Florida Statutes, is
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1 created to read:
2 720.405 Organizing committee; parcel owner approval.--
3 (1) The proposal to revive a declaration of covenants
4 and a homeowners' association for a community under the terms
5 of this act shall be initiated by an organizing committee
6 consisting of not less than three parcel owners located in the
7 community that is proposed to be governed by the revived
8 declaration. The name, address, and telephone number of each
9 member of the organizing committee must be included in any
10 notice or other document provided by the committee to parcel
11 owners to be affected by the proposed revived declaration.
12 (2) The organizing committee shall prepare or cause to
13 be prepared the complete text of the proposed revised
14 declaration of covenants to be submitted to the parcel owners
15 for approval. The proposed revived documents must identify
16 each parcel that is to be subject to the governing documents
17 by its legal description, and by the name of the parcel owner
18 or the person in whose name the parcel is assessed on the last
19 completed tax assessment roll of the county at the time when
20 the proposed revived declaration is submitted for approval by
21 the parcel owners.
22 (3) The organizing committee shall prepare the full
23 text of the proposed articles of incorporation and bylaws of
24 the revived homeowners' association to be submitted to the
25 parcel owners for approval, unless the association is then an
26 existing corporation, in which case the organizing committee
27 shall prepare the existing articles of incorporation and
28 bylaws to be submitted to the parcel owners.
29 (4) The proposed revived declaration and other
30 governing documents for the community shall:
31 (a) Provide that the voting interest of each parcel
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1 owner shall be the same as the voting interest of the parcel
2 owner under the previous governing documents;
3 (b) Provide that the proportional-assessment
4 obligations of each parcel owner shall be the same as
5 proportional-assessment obligations of the parcel owner under
6 the previous governing documents;
7 (c) Contain the same respective amendment provisions
8 as the previous governing documents or, if there were no
9 amendment provisions in the previous governing document,
10 amendment provisions that require approval of not less than
11 two-thirds of the affected parcel owners;
12 (d) Contain no covenants that are more restrictive on
13 the affected parcel owners than the covenants contained in the
14 previous governing documents, except as permitted under s.
15 720.402(3); and
16 (e) Comply with the other requirements for a
17 declaration of covenants and other governing documents as
18 specified in this chapter.
19 (5) A copy of the complete text of the proposed
20 revised declaration of covenants, the proposed new or existing
21 articles of incorporation and bylaws of the homeowners'
22 association, and a graphic depiction of the property to be
23 governed by the revived declaration shall be presented to all
24 of the affected parcel owners by mail or hand delivery not
25 less than 14 days before the time that the consent of the
26 affected parcel owners to the proposed governing documents is
27 sought by the organizing committee.
28 (6) A majority of the affected parcel owners must
29 agree in writing to the revived declaration of covenants and
30 governing documents of the homeowners' association or approve
31 the revived declaration and governing documents by a vote at a
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1 meeting of the affected parcel owners noticed and conducted in
2 the manner prescribed by s. 720.306. Proof of notice of the
3 meeting to all affected owners of the meeting and the minutes
4 of the meeting recording the votes of the property owners
5 shall be certified by a court reporter or an attorney licensed
6 to practice in the state.
7 Section 10. Section 720.406, Florida Statutes, is
8 created to read:
9 720.406 Department of Community Affairs; submission;
10 review and determination.--
11 (1) No later than 60 days after the date the proposed
12 revived declaration and other governing documents are approved
13 by the affected parcel owners, the organizing committee or its
14 designee must submit the proposed revived governing documents
15 and supporting materials to the Department of Community
16 Affairs to review and determine whether to approve or
17 disapprove of the proposal to preserve the residential
18 community. The submission to the department must include:
19 (a) The full text of the proposed revived declaration
20 of covenants and articles of incorporation and bylaws of the
21 homeowners' association;
22 (b) A verified copy of the previous declaration of
23 covenants and other previous governing documents for the
24 community, including any amendments thereto;
25 (c) The legal description of each parcel to be subject
26 to the revived declaration and other governing documents and a
27 plat or other graphic depiction of the affected properties in
28 the community;
29 (d) A verified copy of the written consents of the
30 requisite number of the affected parcel owners approving the
31 revived declaration and other governing documents or, if
17
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SENATE AMENDMENT
Bill No. CS for CS for SB 2984
Amendment No. ___ Barcode 313072
1 approval was obtained by a vote at a meeting of affected
2 parcel owners, verified copies of the notice of the meeting,
3 attendance, and voting results;
4 (e) An affidavit by a current or former officer of the
5 association or by a member of the organizing committee
6 verifying that the requirements for the revived declaration
7 set forth in s. 720.404 have been satisfied; and
8 (f) Such other documentation that the organizing
9 committee believes is supportive of the policy of preserving
10 the residential community and operating, managing, and
11 maintaining the infrastructure, aesthetic character, and
12 common areas serving the residential community.
13 (2) No later than 60 days after receiving the
14 submission, the department must determine whether the proposed
15 revived declaration of covenants and other governing documents
16 comply with the requirements of this act.
17 (a) If the department determines that the proposed
18 revived declaration and other governing documents comply with
19 the act and have been approved by the parcel owners as
20 required by this act, the department shall notify the
21 organizing committee in writing of its approval.
22 (b) If the department determines that the proposed
23 revived declaration and other governing documents do not
24 comply with this act or have not been approved as required by
25 this act, the department shall notify the organizing committee
26 in writing that it does not approve the governing documents
27 and shall state the reasons for the disapproval.
28 Section 11. Section 720.407, Florida Statutes, is
29 created to read:
30 720.407 Recording; notice of recording; applicability
31 and effective date.--
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Bill No. CS for CS for SB 2984
Amendment No. ___ Barcode 313072
1 (1) No later than 30 days after receiving approval
2 from the department, the organizing committee shall file the
3 articles of incorporation of the association with the Division
4 of Corporations of the Department of State if the articles
5 have not been previously filed with the division.
6 (2) No later than 30 days after receiving approval
7 from the division, the president and secretary of the
8 association shall execute the revived declaration and other
9 governing documents approved by the department in the name of
10 the association and have the documents recorded with the clerk
11 of the circuit court in the county where the affected parcels
12 are located.
13 (3) The recorded documents shall include the full text
14 of the approved declaration of covenants, the articles of
15 incorporation and bylaws of the homeowners' association, the
16 letter of approval by the department, and the legal
17 description of each affected parcel of property. For purposes
18 of chapter 712, the association is deemed to be and shall be
19 indexed as the grantee in a title transaction and the parcel
20 owners named in the revived declaration are deemed to be and
21 shall be indexed as the grantors in the title transaction.
22 (4) Immediately after recording the documents, a
23 complete copy of all of the approved recorded documents must
24 be mailed or hand delivered to the owner of each affected
25 parcel. The revived declaration and other governing documents
26 shall be effective upon recordation in the public records with
27 respect to each affected parcel subject thereto, regardless of
28 whether the particular parcel owner approved the revived
29 declaration. Upon recordation, the revived declaration shall
30 replace and supersede the previous declaration with respect to
31 all affected parcels then governed by the previous declaration
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Amendment No. ___ Barcode 313072
1 and shall have the same record priority as the superseded
2 previous declaration. With respect to any affected parcels
3 that had ceased to be governed by the previous declaration as
4 of the recording date, the revived declaration may not have
5 retroactive effect with respect to the parcel and shall take
6 priority with respect to the parcel as of the recording date.
7 (5) With respect to any parcel that has ceased to be
8 governed by a previous declaration of covenants as of the
9 effective date of this act, the parcel owner may commence an
10 action within one year after the effective date of this act
11 for a judicial determination that the previous declaration did
12 not govern that parcel as of the effective date of this act
13 and that any revival of such declaration as to that parcel
14 would unconstitutionally deprive the parcel owner of rights or
15 property. A revived declaration that is implemented pursuant
16 to this act shall not apply to or affect the rights of the
17 respective parcel owner recognized by any court order or
18 judgment in any such action commenced within one year after
19 the effective date of this act, and any such rights so
20 recognized may not be subsequently altered by a revived
21 declaration implemented under this act without the consent of
22 the affected property owner.
23
24 (Redesignate subsequent sections.)
25
26
27 ================ T I T L E A M E N D M E N T ===============
28 And the title is amended as follows:
29 On page 1, lines 1-2, delete those lines
30
31 and insert:
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Bill No. CS for CS for SB 2984
Amendment No. ___ Barcode 313072
1 An act relating to condominium and community
2 associations; amending s. 718.111, F.S.;
3 providing immunity from liability for certain
4 information provided by associations to
5 prospective purchasers or lienholders under
6 certain circumstances; amending s. 720.303,
7 F.S.; requiring specific notice to be given to
8 association members before certain assessments
9 or rule changes may be considered at a meeting;
10 amending s. 768.1325, F.S.; providing immunity
11 from civil liability for community associations
12 that provide automated defibrillator devices
13 under certain circumstances; prohibiting
14 insurers from requiring associations to
15 purchase medical malpractice coverage as a
16 condition of issuing other coverage;
17 prohibiting insurers from excluding from
18 coverage under a general liability policy
19 damages resulting from the use of an automated
20 external defibrillator device; amending ss.
21 718.112 and 719.1055, F.S.; revising
22 notification and voting procedures with respect
23 to any vote to forego retrofitting of the
24 common areas of condominiums and cooperatives
25 with fire sprinkler systems; amending s.
26 718.503, F.S.; requiring unit owners who are
27 not developers to provide a specific question
28 and answer disclosure document to certain
29 prospective purchasers; creating s. 720.403,
30 F.S.; providing legislative intent relating to
31 the revival of governance of a community;
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Amendment No. ___ Barcode 313072
1 creating s. 720.404, F.S.; providing
2 eligibility to revive governance documents;
3 specifying prerequisites to reviving governance
4 documents; creating s. 720.405, F.S.; requiring
5 the formation of an organizing committee;
6 providing for membership; providing duties and
7 responsibilities of the organizing committee;
8 directing the organizing committee to prepare
9 certain documents; providing for the contents
10 of the documents; providing for a vote of the
11 eligible parcel owners; creating s. 720.406,
12 F.S.; directing the organizing committee to
13 file certain documents with the Department of
14 Community Affairs; specifies the content of the
15 submission to the department; requiring the
16 department to approve or disapprove the request
17 to revive the governance documents within a
18 specified time period; creating s. 720.407,
19 F.S.; requiring the organizing committee to
20 file and record certain documents within a
21 specified time period; directing the organizing
22 committee to give all affected parcel owners a
23 copy of the documents filed and recorded;
24 providing for judicial determination of the
25 effects of revived covenants on parcels;
26 providing for effects of such a judicial
27 determination;
28
29
30
31
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