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The Committee on Regulated Industries (Fasano) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Section 514.011, Florida Statutes, is amended to

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read:

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     514.011 Definitions.--As used in this chapter, the term:

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     (1)  "Department" means the Department of Health.

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     (2) "Homeowners' association" has the same meaning as in s.

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720.301.

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     (3)(5) "Portable pool" means a pool or spa, and related

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equipment systems of any kind, which is designed or intended to

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be movable from location to location.

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     (4)(3) "Private pool" means a facility used only by an

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individual, family, or living unit members and their guests which

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does not serve any type of cooperative housing or joint tenancy

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of five or more living units.

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     (5)(4) "Public bathing place" means a body of water,

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natural or modified by humans, for swimming, diving, and

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recreational bathing, together with adjacent shoreline or land

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area, buildings, equipment, and appurtenances pertaining thereto,

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used by consent of the owner or owners and held out to the public

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by any person or public body, irrespective of whether a fee is

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charged for the use thereof. The bathing water areas of public

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bathing places include, but are not limited to, lakes, ponds,

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rivers, streams, artificial impoundments, and waters along the

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coastal and intracoastal beaches and shores of the state.

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     (6)(2) "Public swimming pool" or "public pool" means a

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watertight structure of concrete, masonry, or other approved

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materials, which is located either indoors or outdoors, used for

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bathing or swimming by humans, and filled with a filtered and

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disinfected water supply, together with buildings, appurtenances,

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and equipment used in connection therewith. A public swimming

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pool or public pool shall mean a conventional pool, spa-type

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pool, wading pool, special purpose pool, or water recreation

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attraction, to which admission may be gained with or without

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payment of a fee and includes, but is not limited to, pools

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operated by or serving camps, churches, cities, counties, day

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care centers, group home facilities for eight or more clients,

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health spas, institutions, parks, state agencies, schools,

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subdivisions, or the cooperative living-type projects of five or

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more living units, such as apartments, boardinghouses, hotels,

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mobile home parks, motels, recreational vehicle parks, and

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townhouses.

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     Section 2.  Subsection (2) of section 514.0115, Florida

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Statutes, is amended to read:

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     514.0115  Exemptions from supervision or regulation;

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variances.--

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     (2)(a)  Pools serving no more than 32 condominium or

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cooperative units or 32 parcels governed by a homeowners'

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association which are not operated as a public lodging

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establishment are shall be exempt from supervision under this

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chapter, except for water quality.

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     (b)  Pools serving condominium or cooperative associations

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of more than 32 units or a homeowners' association of more than

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32 parcels and whose recorded documents prohibit the rental or

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sublease of the units for periods of less than 60 days are exempt

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from supervision under this chapter, except that the condominium

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or cooperative owner or association or homeowners' association

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must file an application applications with the department and

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obtain construction plan plans approval and receive an initial

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operating permit. The department shall inspect the swimming pools

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at such places annually, at the fee set forth in s. 514.033(3),

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or upon request by a unit owner, to determine compliance with

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department rules relating to water quality and lifesaving

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equipment. The department may not require compliance with rules

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relating to swimming pool lifeguard standards.

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     Section 3.  Subsection (9) of section 515.25, Florida

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Statutes, is amended to read:

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     515.25  Definitions.--As used in this chapter, the term:

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     (9)  "Public swimming pool" means a swimming pool, as

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defined in s. 515.011 514.011(2), which is operated, with or

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without charge, for the use of the general public; however, the

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term does not include a swimming pool located on the grounds of a

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private residence.

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     Section 4.  Effective January 1, 2009, section 515.295,

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Florida Statutes, is created to read:

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     515.295 Residential swimming pool and spa drain-cover

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safety.--

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     (1) For purposes of this section, the term:

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     (a) "ASME/ANSI" as applied to a safety standard means a

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standard that is accredited by the American National Standards

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Institute and published by the American Society of Mechanical

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Engineers.

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     (b) "Main drain" means a submerged suction outlet typically

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located at the bottom of a swimming pool or spa to conduct water

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to a recirculating pump.

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     (c) "Safety vacuum release system" means a vacuum release

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system capable of providing vacuum release at a suction outlet

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caused by a high vacuum occurrence due to a suction outlet flow

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blockage.

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     (d) "Unblockable drain" means a drain of any size and shape

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which a human body cannot sufficiently block to create a suction-

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entrapment hazard.

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     (2) All residential swimming pools and spas constructed on

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or after January 1, 2009, must have more than one drain, one or

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more unblockable drains, or no main drain.

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     (3) All residential swimming pools and spas constructed on

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or after January 1, 2009, must be equipped with one or more of

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the following devices and systems designed to prevent entrapment

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by the pool or spa drain:

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     (a) A safety vacuum release system that ceases operation of

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the pump, reverses the circulation flow, or otherwise provides a

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vacuum release at a suction outlet when a blockage is detected.

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Such system must have been tested by an independent third party

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and found to conform to ASME/ANSI standard A112.19.17 or ASTM

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standard F2387.

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     (b) A suction-limiting vent system that has a tamper-

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resistant atmospheric opening.

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     (c) A gravity drainage system that uses a collector tank.

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     (d) An automatic pump shut-off system.

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     (e) A device or system that disables the drain.

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     (f) Any other system determined by the department to be

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equally effective, or better than, the systems described in this

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subsection at preventing or eliminating the risk of injury or

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death associated with swimming pool and spa drainage systems.

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     (4) Any device or system described in subsection (3) must

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meet the requirements of any ASME/ANSI or ASTM performance

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standard, if there is such a standard for such a device or

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system, or any applicable consumer product safety standard.

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     Section 5.  Paragraph (b) of subsection (2), paragraphs (a)

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and (c) of subsection (5), paragraphs (b), (c), (d), (f), and (g)

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of subsection (6) of section 720.303, Florida Statutes, are

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amended, and subsection (12) is added to that section, to read:

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     720.303  Association powers and duties; meetings of board;

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official records; budgets; financial reporting; association

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funds; recalls.--

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     (2)  BOARD MEETINGS.--

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     (b)  Members have the right to attend all meetings of the

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board and to speak on any matter placed on the agenda by petition

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of the voting interests for at least 3 minutes. The association

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may adopt written reasonable rules expanding the right of members

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to speak and governing the frequency, duration, and other manner

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of member statements, which rules must be consistent with this

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paragraph and may include a sign-up sheet for members wishing to

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speak. Notwithstanding any other law, the requirement that board

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meetings and committee meetings be open to the members is

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inapplicable to meetings between the board or a committee to

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discuss proposed or pending litigation with and the association's

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attorney, or with respect to meetings of the board held for the

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purpose of discussing personnel matters are not required to be

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open to the members.

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     (5)  INSPECTION AND COPYING OF RECORDS.--The official

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records shall be maintained within the state and must be open to

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inspection and available for photocopying by members or their

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authorized agents at reasonable times and places within 10

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business days after receipt of a written request for access. This

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subsection may be complied with by having a copy of the official

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records available for inspection or copying in the community. If

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the association has a photocopy machine available where the

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records are maintained, it must provide parcel owners with copies

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on request during the inspection if the entire request is limited

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to no more than 25 pages.

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     (a)  The failure of an association to provide access to the

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records within 10 business days after receipt of a written

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request submitted by certified mail, return receipt requested,

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creates a rebuttable presumption that the association willfully

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failed to comply with this subsection.

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     (c)  The association may adopt reasonable written rules

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governing the frequency, time, location, notice, records to be

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inspected, and manner of inspections, but may not require impose

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a requirement that a parcel owner to demonstrate any proper

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purpose for the inspection, state any reason for the inspection,

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or limit a parcel owner's right to inspect records to less than

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one 8-hour business day per month. The association may impose

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fees to cover the costs of providing copies of the official

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records, including, without limitation, the costs of copying. The

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association may charge up to 50 cents per page for copies made on

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the association's photocopier. If the association does not have a

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photocopy machine available where the records are kept, or if the

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records requested to be copied exceed 25 pages in length, the

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association may have copies made by an outside vendor or

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association management company personnel and may charge the

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actual cost of copying, including any reasonable costs involving

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personnel fees and charges at an hourly rate for employee time to

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cover administrative costs to the association. The association

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shall maintain an adequate number of copies of the recorded

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governing documents, to ensure their availability to members and

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prospective members. Notwithstanding the provisions of this

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paragraph, the following records are shall not be accessible to

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members or parcel owners:

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     1.  Any record protected by the lawyer-client privilege as

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described in s. 90.502 and any record protected by the work-

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product privilege, including, but not limited to, any record

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prepared by an association attorney or prepared at the attorney's

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express direction which reflects a mental impression, conclusion,

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litigation strategy, or legal theory of the attorney or the

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association and which was prepared exclusively for civil or

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criminal litigation or for adversarial administrative proceedings

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or which was prepared in anticipation of imminent civil or

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criminal litigation or imminent adversarial administrative

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proceedings until the conclusion of the litigation or adversarial

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administrative proceedings.

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     2.  Information obtained by an association in connection

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with the approval of the lease, sale, or other transfer of a

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parcel.

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     3.  Disciplinary, health, insurance, and personnel records

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of the association's employees.

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     4.  Medical records of parcel owners or community residents.

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     (6)  BUDGETS.--

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     (b)  In addition to annual operating expenses, the budget

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may include reserve accounts for capital expenditures and

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deferred maintenance for which the association is responsible. If

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reserve accounts are not established pursuant to paragraph (d),

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funding of such reserves shall be limited to the extent that the

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governing documents do not limit increases in assessments,

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including reserves. If the budget of the association includes

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reserve accounts established pursuant to paragraph (d), such

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reserves shall be determined, maintained, and waived in the

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manner provided in this subsection. Once an association provides

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for reserve accounts pursuant to paragraph (d) in the budget, the

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association shall thereafter determine, maintain, and waive

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reserves in compliance with this subsection. The provisions of

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this section do not preclude the termination of a reserve account

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established pursuant to this paragraph upon approval of a

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majority of the voting interests of the association. Upon such

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approval, the terminating reserve account shall be removed from

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the budget.

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     (c)1. If the budget of the association does not provide for

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reserve accounts pursuant to paragraph (d) governed by this

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subsection and the association is responsible for the repair and

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maintenance of capital improvements that may result in a special

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assessment if reserves are not provided, each financial report

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for the preceding fiscal year required by subsection (7) shall

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contain the following statement in conspicuous type: THE BUDGET

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OF THE ASSOCIATION DOES NOT PROVIDE FOR RESERVE ACCOUNTS FOR

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CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT MAY RESULT IN

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SPECIAL ASSESSMENTS. OWNERS MAY ELECT TO PROVIDE FOR RESERVE

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ACCOUNTS PURSUANT TO THE PROVISIONS OF SECTION 720.303(6),

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FLORIDA STATUTES, UPON OBTAINING THE APPROVAL OF NOT LESS THAN A

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MAJORITY OF THE TOTAL VOTING INTERESTS OF THE ASSOCIATION BY VOTE

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OF THE MEMBERS AT A MEETING OR BY WRITTEN CONSENT.

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     2. If the budget of the association does provide for

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funding accounts for deferred expenditures, including, but not

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limited to, funds for capital expenditures and deferred

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maintenance, but such accounts are not created or established

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pursuant to paragraph (d), each financial report for the

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preceding fiscal year required under subsection (7) must also

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contain the following statement in conspicuous type: THE BUDGET

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OF THE ASSOCIATION DOES PROVIDE FOR LIMITED VOLUNTARY DEFERRED

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EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES AND DEFERRED

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MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED IN OUR

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GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED TO

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PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6),

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FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE RESTRICTIONS

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ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR ARE RESERVES

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CALCULATED IN ACCORDANCE WITH THAT STATUTE.

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     (d)  An association shall be deemed to have provided for

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reserve accounts if when reserve accounts have been initially

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established by the developer or if when the membership of the

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association affirmatively elects to provide for reserves. If

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reserve accounts are not initially provided for by the developer,

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the membership of the association may elect to do so upon the

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affirmative approval of not less than a majority of the total

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voting interests of the association. Such approval may be

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obtained attained by vote of the members at a duly called meeting

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of the membership or by the upon a written consent of executed by

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not less than a majority of the total voting interests in the

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community. The approval action of the membership shall state that

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reserve accounts shall be provided for in the budget and shall

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designate the components for which the reserve accounts are to be

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established. Upon approval by the membership, the board of

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directors shall include provide for the required reserve accounts

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for inclusion in the budget in the next fiscal year following the

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approval and in each year thereafter. Once established as

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provided in this subsection, the reserve accounts shall be funded

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or maintained or shall have their funding waived in the manner

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provided in paragraph (f).

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     (f) After one or more Once a reserve account or reserve

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accounts are established, the membership of the association, upon

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a majority vote at a meeting at which a quorum is present, may

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provide for no reserves or less reserves than required by this

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section. If a meeting of the unit owners has been called to

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determine whether to waive or reduce the funding of reserves and

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no such result is achieved or a quorum is not present, the

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

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the turnover, the developer may vote its voting interest to waive

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or reduce the funding of reserves. Any vote taken pursuant to

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this subsection to waive or reduce reserves is shall be

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applicable only to one budget year.

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     (g)  Funding formulas for reserves authorized by this

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section shall be based on either a separate analysis of each of

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the required assets or a pooled analysis of two or more of the

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required assets.

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     1.  If the association maintains separate reserve accounts

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for each of the required assets, the amount of the contribution

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to each reserve account is shall be the sum of the following two

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calculations:

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     a.  The total amount necessary, if any, to bring a negative

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component balance to zero.

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     b.  The total estimated deferred maintenance expense or

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estimated replacement cost of the reserve component less the

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estimated balance of the reserve component as of the beginning of

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the period for which the budget will be in effect. The remainder,

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if greater than zero, shall be divided by the estimated remaining

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useful life of the component.

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The formula may be adjusted each year for changes in estimates

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and deferred maintenance performed during the year and may

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include factors such as inflation and earnings on invested funds.

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     2.  If the association maintains a pooled account of two or

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more of the required reserve assets, the amount of the

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contribution to the pooled reserve account as disclosed on the

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proposed budget may shall not be less than that required to

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ensure that the balance on hand at the beginning of the period

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for which the budget will go into effect plus the projected

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annual cash inflows over the remaining estimated useful life of

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all of the assets that make up the reserve pool are equal to or

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greater than the projected annual cash outflows over the

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remaining estimated useful lives of all of the assets that make

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up the reserve pool, based on the current reserve analysis. The

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projected annual cash inflows may include estimated earnings from

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investment of principal and accounts receivable minus the

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allowance for doubtful accounts. The reserve funding formula may

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shall not include any type of balloon payments.

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     (12) COMPENSATION PROHIBITED.--A director, officer, or

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committee member of the association may not receive directly or

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indirectly any salary or compensation from the association for

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the performance of duties as a director, officer, or committee

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member and may not in any other way benefit financially from

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service to the association. This subsection does not preclude:

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     (a) Participation by such person in a financial benefit

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accruing to all or a significant number of members as a result of

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actions lawfully taken by the board or a committee of which he or

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she is a member, including, but not limited to, routine

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maintenance, repair, or replacement of community assets.

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     (b) Reimbursement for out-of-pocket expenses incurred by

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such person on behalf of the association, subject to approval in

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accordance with procedures established by the association's

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governing documents or, in the absence of such procedures, in

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accordance with an approval process established by the board.

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     (c) Any recovery of insurance proceeds derived from a

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policy of insurance maintained by the association for the benefit

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of its members.

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     (d) Any fee or compensation authorized in the governing

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documents.

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     (e) Any fee or compensation authorized in advance by a vote

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of a majority of the voting interests voting in person or by

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proxy at a meeting of the members.

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     Section 6.  Subsection (2) of section 720.305, Florida

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Statutes, are amended to read:

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     720.305  Obligations of members; remedies at law or in

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equity; levy of fines and suspension of use rights; failure to

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fill sufficient number of vacancies on board of directors to

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constitute a quorum; appointment of receiver upon petition of any

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member.--

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     (2)  If the governing documents so provide, an association

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may suspend, for a reasonable period of time, the rights of a

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member or a member's tenants, guests, or invitees, or both, to

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use common areas and facilities and may levy reasonable fines of

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up to, not to exceed $100 per violation, against any member or

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any tenant, guest, or invitee. A fine may be levied on the basis

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of each day of a continuing violation, with a single notice and

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opportunity for hearing, except that no such fine may shall

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exceed $1,000 in the aggregate unless otherwise provided in the

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governing documents. A fine of less than $1,000 may shall not

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become a lien against a parcel. In any action to recover a fine,

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the prevailing party is entitled to collect its reasonable

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attorney's fees and costs from the nonprevailing party as

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determined by the court.

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     (a) A fine or suspension may not be imposed without notice

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of at least 14 days notice to the person sought to be fined or

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suspended and an opportunity for a hearing before a committee of

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at least three members appointed by the board who are not

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officers, directors, or employees of the association, or the

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spouse, parent, child, brother, or sister of an officer,

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director, or employee. If the committee, by majority vote, does

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not approve a proposed fine or suspension, it may not be imposed.

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     (b)  The requirements of this subsection do not apply to the

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imposition of suspensions or fines upon any member because of the

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failure of the member to pay assessments or other charges when

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due if such action is authorized by the governing documents.

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     (c) Suspension of common-area-use rights do shall not

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impair the right of an owner or tenant of a parcel to have

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vehicular and pedestrian ingress to and egress from the parcel,

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including, but not limited to, the right to park.

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     Section 7.  Subsections (8) and (9) of section 720.306,

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Florida Statutes, are amended to read:

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     720.306  Meetings of members; voting and election

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procedures; amendments.--

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     (8)  PROXY VOTING.--The members have the right, unless

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otherwise provided in this subsection or in the governing

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documents, to vote in person or by proxy.

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     (a) To be valid, a proxy must be dated, must state the

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date, time, and place of the meeting for which it was given, and

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must be signed by the authorized person who executed the proxy. A

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proxy is effective only for the specific meeting for which it was

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originally given, as the meeting may lawfully be adjourned and

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reconvened from time to time, and automatically expires 90 days

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after the date of the meeting for which it was originally given.

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A proxy is revocable at any time at the pleasure of the person

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who executes it. If the proxy form expressly so provides, any

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proxy holder may appoint, in writing, a substitute to act in his

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or her place.

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     (b) If the governing documents permit voting by secret

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ballot by members who are not in attendance at a meeting of the

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members for the election of directors, such ballots shall be

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placed in an inner envelope with no identifying markings and

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mailed or delivered to the association in an outer envelope

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bearing identifying information reflecting the name of the

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member, the lot or parcel for which the vote is being cast, and

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the signature of the lot or parcel owner casting that ballot.

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After the eligibility of the member to vote and confirmation that

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no other ballot has been submitted for that lot or parcel, the

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inner envelope shall be removed from the outer envelope bearing

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the identification information, placed with the ballots which

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were personally cast, and opened when the ballots are counted. If

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more than one ballot is submitted for a lot or parcel, the

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ballots for that lot or parcel shall be disqualified. Any vote by

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ballot received after the closing of the balloting may not be

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considered.

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     (9) ELECTIONS; BOARD MEMBER CERTIFICATION.--

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     (a) Elections of directors must be conducted in accordance

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with the procedures set forth in the governing documents of the

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association. All members of the association are shall be eligible

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to serve on the board of directors, and a member may nominate

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himself or herself as a candidate for the board at a meeting

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where the election is to be held or, if the election process

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allows voting by absentee ballot, in advance of the balloting.

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Except as otherwise provided in the governing documents, boards

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of directors must be elected by a plurality of the votes cast by

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eligible voters. Any election dispute between a member and an

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association must be submitted to mandatory binding arbitration

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with the division. Such proceedings shall be conducted in the

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manner provided by s. 718.1255 and the procedural rules adopted

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by the division.

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     (b) Within 30 days after being elected to the board of

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directors, a new director shall certify in writing to the

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secretary of the association that he or she has read the

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association's declarations of covenants and restrictions,

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articles of incorporation, bylaws, and current written policies

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and that he or she will work to uphold each to the best of his or

435

her ability and will faithfully discharge his or her fiduciary

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responsibility to the association's members. Failure to timely

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file such statement shall automatically disqualify the director

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from service on the association's board of directors. The

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secretary shall cause the association to retain a director's

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certification for inspection by the members for 5 years after a

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director's election. Failure to have such certification on file

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does not affect the validity of any appropriate action.

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     Section 8.  Paragraph (a) of subsection (1) of section

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720.401, Florida Statutes, is amended to read:

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     720.401  Prospective purchasers subject to association

446

membership requirement; disclosure required; covenants;

447

assessments; contract cancellation.--

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     (1)(a)  A prospective parcel owner in a community must be

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presented a disclosure summary before executing the contract for

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sale. The disclosure summary must be in a form substantially

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similar to the following form:

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DISCLOSURE SUMMARY

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FOR

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(NAME OF COMMUNITY)

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     1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL

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BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.

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     2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE

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COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS

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COMMUNITY.

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     3.  YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE

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ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF

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APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____. YOU WILL ALSO

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BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE

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ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE.

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IF APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____.

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     4.  YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE

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RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL

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ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.

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     5.  YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS

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LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION MAY COULD RESULT IN

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A LIEN ON YOUR PROPERTY.

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     6.  THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES

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FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN

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OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF

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APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____.

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     7. IF THE ASSOCIATION IS STILL UNDER THE CONTROL OF THE

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DEVELOPER, THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE

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RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION

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MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.

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     8.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE

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ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU

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SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING

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DOCUMENTS BEFORE PURCHASING PROPERTY.

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     9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND

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CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE

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PROPERTY IS LOCATED, OR, IF ARE NOT RECORDED, AND CAN BE OBTAINED

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FROM THE DEVELOPER.

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     10. THERE MAY BE AN OBLIGATION TO PAY ASSESSMENTS (TAXES OR

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FEES) TO A RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICT FOR THE

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PURPOSE OF RETIRING BOND OBLIGATIONS USED TO CONSTRUCT

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INFRASTRUCTURE OR OTHER IMPROVEMENTS.

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     11. YOU ARE JOINTLY AND SEVERALLY LIABLE WITH THE PREVIOUS

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OWNER OF YOUR PROPERTY FOR ALL UNPAID ASSESSMENTS THAT CAME DUE

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UP TO THE TIME OF TRANSFER OF TITLE.

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498

DATE:     PURCHASER:

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     PURCHASER:

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The disclosure must be supplied by the developer, or by the

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parcel owner if the sale is by an owner that is not the

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developer. Any contract or agreement for sale shall refer to and

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incorporate the disclosure summary and shall include, in

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prominent language, a statement that the potential buyer should

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not execute the contract or agreement until he or she has they

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have received and read the disclosure summary required by this

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section.

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     Section 9. The Department of Health shall apply for and

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implement, if awarded, a federal grant for swimming pool and spa

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safety standards education and enforcement under the State

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Swimming Pool Safety Grant Program established in 15 U.S.C. s.

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8004. To ensure the state's eligibility for the grant award, the

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Department of Health, in coordination with the Department of

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Community Affairs and the Florida Building Commission, shall

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assess the Florida Statutes and the Florida Building Code to

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determine if additional changes are necessary for providing

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compliance with federal standards regarding swimming pool and spa

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safety. The Department of Health shall provide the assessment to

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the Legislature by January 1, 2009.

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     Section 10.  Except as otherwise expressly provided in this

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act, this act shall take effect July 1, 2008.

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523

================ 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 everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to residential properties; amending s.

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514.011, F.S.; defining the term "homeowners' association";

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amending s. 514.0115, F.S.; providing for the regulation and

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exemption from regulation for homeowners' association

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swimming pools; amending s. 515.25, F.S.; conforming a

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cross-reference; creating s. 515.295, F.S.; providing

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definitions; requiring residential pools and spas built

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after a specified date to be equipped with devices and

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systems designed to prevent entrapment by the spool or spa

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drain; amending s. 720.303, F.S.; revising provisions

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relating to homeowners' association board meetings,

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inspection and copying of records, and reserve accounts of

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budgets; prohibiting a salary or compensation for certain

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association personnel; providing exceptions; amending s.

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720.305, F.S.; authorizing fines assessed against members

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which exceed a certain amount to become a lien against a

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parcel; amending s. 720.306, F.S.; providing requirements

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for secret ballots; requiring newly elected members of a

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board of directors to make certain certifications in writing

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to the association; providing for disqualification for

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failure to make such certifications; requiring an

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association to retain certifications for a specified time;

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amending s. 720.401, F.S.; requiring that the disclosure

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summary to prospective parcel owners include additional

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provisions; requiring the Department of Health to apply for

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a federal grant for swimming pool and spa safety standards

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education and enforcement; requiring the Department of

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Health, the Department of Community Affairs, and the Florida

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Building Commission to determine if additional statutory

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changes are needed to comply with federal standards;

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requiring the Department of Health to present the assessment

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to the Legislature by a specified date; providing effective

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dates.

4/14/2008  7:42:00 AM     11-07403A-08