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Senator Villalobos moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 1527-1561

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and insert:

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code. Notwithstanding any provision to the contrary in the

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condominium documents, if approval is required by the documents,

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a board shall not refuse to approve the installation or

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replacement of hurricane shutters conforming to the

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specifications adopted by the board.

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     (a) The board may, subject to the provisions of s.

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718.3026, and the approval of a majority of voting interests of

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the condominium, install hurricane shutters or hurricane

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protection that complies with or exceeds the applicable building

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code, or both, except that a vote of the owners is not required

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if the maintenance, repair, and replacement of hurricane shutters

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or other forms of hurricane protection are the responsibility of

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the association pursuant to the declaration of condominium and

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may maintain, repair, or replace such approved hurricane

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shutters, whether on or within common elements, limited common

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elements, units, or association property. However, where

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hurricane protection or laminated glass or window film

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architecturally designed to function as hurricane protection

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which complies with or exceeds the current applicable building

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code has been previously installed, the board may not install

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hurricane shutters or other hurricane protection.

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     (b) The association shall be responsible for the

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maintenance, repair, and replacement of the hurricane shutters or

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other hurricane protection authorized by this subsection if such

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hurricane shutters or other hurricane protection are the

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responsibility of the association pursuant to the declaration of

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condominium. If the hurricane shutters or other hurricane

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protection authorized by this subsection are the responsibility

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of the unit owners pursuant to the declaration of condominium,

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the responsibility for the maintenance, repair, and replacement

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of such items shall be the responsibility of the unit owner.

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     (c) The board may operate shutters installed pursuant to

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this subsection without permission of the unit owners only where

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such operation is necessary to preserve and protect the

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condominium property and association property. The installation,

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replacement, operation, repair, and maintenance of such shutters

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in accordance with the procedures set forth herein shall not be

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deemed a material alteration to the common elements or

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association property within the meaning of this section.

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     (d) Notwithstanding any provision to the contrary in the

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condominium documents, if approval is required by the documents,

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a board shall not refuse to approve the installation or

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replacement of hurricane shutters by a unit owner conforming to

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the specifications adopted by the board.

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     (6) As to any condominium building greater than three

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stories in height, at least every 5 years, and within 5 years if

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not available for inspection on October 1, 2008, the board shall

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have the condominium building inspected to provide a report under

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seal of an architect or engineer authorized to practice in this

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state attesting to required maintenance, useful life, and

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replacement costs of the common elements. However, if approved by

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a majority of the voting interests present at a properly called

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meeting of the association, an association may waive this

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requirement. Such meeting and approval must occur prior to the

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end of the 5-year period and is effective only for that 5-year

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period.

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     (7) An association may not refuse the request of a unit

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owner for a reasonable accommodation for the attachment on the

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mantle or frame of the door of the unit owner a religious object

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not to exceed 3 inches wide, 6 inches high, and 1.5 inches deep.

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     Section 10.  Paragraph (e) of subsection (1) of section

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718.115, Florida Statutes, is amended to read:

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     718.115  Common expenses and common surplus.--

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     (1)

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     (e)  The expense of installation, replacement, operation,

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repair, and maintenance of hurricane shutters or other hurricane

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protection by the board pursuant to s. 718.113(5) shall

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constitute a common expense as defined herein and shall be

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collected as provided in this section if the association is

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responsible for the maintenance, repair, and replacement of the

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hurricane shutters or other hurricane protection pursuant to the

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declaration of condominium. However, if the maintenance, repair,

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and replacement of the hurricane shutters or other hurricane

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protection is the responsibility of the unit owners pursuant to

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the declaration of condominium, the cost of the installation of

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the hurricane shutters or other hurricane protection shall not be

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a common expense, but shall be charged individually to the unit

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owners based on the cost of installation of the hurricane

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shutters or other hurricane protection appurtenant to the unit.

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Notwithstanding the provisions of s. 718.116(9), and regardless

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of whether or not the declaration requires the association or

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unit owners maintain, repair, or replace hurricane shutters or

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other hurricane protection a unit owner who has previously

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installed hurricane shutters in accordance with s. 718.113(5)

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other hurricane protection or laminated glass architecturally

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designed to function as hurricane protection, which hurricane

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shutters or other hurricane protection or laminated glass comply

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complies with the current applicable building code shall receive

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a credit equal to the pro rata portion of the assessed

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installation cost assigned to each unit. However, such unit owner

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shall remain responsible for the pro rata share of expenses for

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hurricane shutters or other hurricane protection installed on

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common elements and association property by the board pursuant to

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s. 718.113(5), and shall remain responsible for a pro rata share

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of the expense of the replacement, operation, repair, and

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maintenance of such shutters or other hurricane protection.

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

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And the title is amended as follows:

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     Delete line(s) 87-92

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and insert:

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hurricane shutters under certain circumstances; providing

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for the maintenance, repair, and replacement of hurricane

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shutters or other hurricane protection; providing that a

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vote of the owners is not required under certain

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conditions; prohibiting a board from refusing to approve

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the installation or replacement of hurricane shutters by a

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unit owner under certain conditions; requiring that the

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board inspect certain condominium buildings and issue a

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report thereupon; providing an exception; prohibiting the

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board from refusing a request for reasonable accommodation

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for the attachment to a unit of religious objects meeting

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certain size specifications; amending s. 718.115, F.S.;

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providing the expense of installation, replacement,

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operation, repair, and maintenance of hurricane shutters

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or other hurricane protection shall constitute either a

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common expense or shall be charged individually to the

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unit owners under certain conditions; amending s. 718.117,

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F.S.; requiring

4/21/2008  4:59:00 PM     38-08172-08