HB 995

1	A bill to be entitled
2	An act relating to condominiums; amending s. 718.111,
3	F.S.; removing provision providing for windstorm insurance
4	for condominium associations; requiring official records
5	of the association to be maintained for at least 5 years
6	and to be made available at certain locations; providing
7	civil and criminal sanctions, including personally against
8	any officer, director, or manager who knowingly or
9	intentionally defaces, destroys, or fails to create or
10	maintain accounting records; prohibiting accessibility to
11	certain personal identifying information of unit owners by
12	fellow unit owners; restricting a condominium association
13	from waiving a financial report for more than 2 years;
14	amending s. 718.112, F.S.; prohibiting votes allocated to
15	units owned by the association from being cast by proxy,
16	ballot or otherwise, for any purpose; requiring the board
17	to address certain agenda items proposed by a petition of
18	a specified percent of the unit owners; providing
19	requirements for the location of annual unit owner
20	meetings; revising notice procedures; providing for the
21	securing of ballots; revising procedures relating to the
22	filling of a vacancy on the board; authorizing persons
23	acting under a specific power of attorney to vote on
24	behalf of a unit owner; removing a provision allowing an
25	association to provide for different voting and election
26	procedures in its bylaws; requiring the association to
27	prepare an annual budget of estimated revenues and
28	expenses; requiring certain ballot statements to contain
29	certain statements; requiring a vote to provide for no
30	reserves or a percentage of reserves to be made at annual
31	meetings; authorizing the association to use reserve funds
32	for nonscheduled purposes under certain conditions;
33	amending s. 718.113, F.S.; requiring the board to have the
34	condominium buildings periodically inspected for
35	structural and electrical soundness by a professional
36	engineer or professional architect registered in the
37	state; requiring the inspector to provide a report to the
38	association and unit owners; prohibiting the board from
39	adopting rules or regulations impairing certain rights or
40	prohibiting reasonable accommodation for religious
41	practices; creating s. 718.1224, F.S.; prohibiting certain
42	lawsuits arising from unit owners' appearances and
43	presentations before a governmental entity; providing a
44	definition; providing for award of damages and attorney
45	fees; prohibiting associations from expending association
46	funds in prosecuting such a suit against a unit owner;
47	providing an effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Paragraph (a) of subsection (11), paragraphs
52	(a), (b), and (c) of subsection (12), and subsection (13) of
53	section 718.111, Florida Statutes, are amended to read:
54	718.111  The association.--
55	(11)  INSURANCE.--In order to protect the safety, health,
56	and welfare of the people of the State of Florida and to ensure
57	consistency in the provision of insurance coverage to
58	condominiums and their unit owners, paragraphs (a), (b), and (c)
59	are deemed to apply to every residential condominium in the
60	state, regardless of the date of its declaration of condominium.
61	It is the intent of the Legislature to encourage lower or stable
62	insurance premiums for associations described in this section.
63	Therefore, the Legislature requires a report to be prepared by
64	the Office of Insurance Regulation of the Department of
65	Financial Services for publication 18 months from the effective
66	date of this act, evaluating premium increases or decreases for
67	associations, unit owner premium increases or decreases,
68	recommended changes to better define common areas, or any other
69	information the Office of Insurance Regulation deems
70	appropriate.
71	(a)1.  A unit-owner controlled association operating a
72	residential condominium shall use its best efforts to obtain and
73	maintain adequate insurance to protect the association, the
74	association property, the common elements, and the condominium
75	property required to be insured by the association pursuant to
76	paragraph (b). If the association is developer controlled, the
77	association shall exercise due diligence to obtain and maintain
78	such insurance. Failure to obtain and maintain adequate
79	insurance during any period of developer control shall
80	constitute a breach of fiduciary responsibility by the
81	developer-appointed members of the board of directors of the
82	association, unless said members can show that despite such
83	failure, they have exercised due diligence. The declaration of
84	condominium as originally recorded, or amended pursuant to
85	procedures provided therein, may require that condominium
86	property consisting of freestanding buildings where there is no
87	more than one building in or on such unit need not be insured by
88	the association if the declaration requires the unit owner to
89	obtain adequate insurance for the condominium property. An
90	association may also obtain and maintain liability insurance for
91	directors and officers, insurance for the benefit of association
92	employees, and flood insurance for common elements, association
93	property, and units. Adequate insurance, regardless of any
94	requirement in the declaration of condominium for coverage by
95	the association for "full insurable value," "replacement cost,"
96	or the like, may include reasonable deductibles as determined by
97	the board based upon available funds or predetermined assessment
98	authority at the time that the insurance is obtained.
99	1.  Windstorm insurance coverage for a group of no fewer
100	than three communities created and operating under this chapter,
101	chapter 719, chapter 720, or chapter 721 may be obtained and
102	maintained for the communities if the insurance coverage is
103	sufficient to cover an amount equal to the probable maximum loss
104	for the communities for a 250-year windstorm event. Such
105	probable maximum loss must be determined through the use of a
106	competent model that has been accepted by the Florida Commission
107	on Hurricane Loss Projection Methodology. Such insurance
108	coverage is deemed adequate windstorm insurance for the purposes
109	of this section.
110	2.  An association or group of associations may self-insure
111	against claims against the association, the association
112	property, and the condominium property required to be insured by
113	an association, upon compliance with the applicable provisions
114	of ss. 624.460-624.488, which shall be considered adequate
115	insurance for the purposes of this section. A copy of each
116	policy of insurance in effect shall be made available for
117	inspection by unit owners at reasonable times.
118	(12)  OFFICIAL RECORDS.--
119	(a)  From the inception of the association, the association
120	shall maintain each of the following items, when applicable,
121	which shall constitute the official records of the association:
122	1.  A copy of the plans, permits, warranties, and other
123	items provided by the developer pursuant to s. 718.301(4).
124	2.  A photocopy of the recorded declaration of condominium
125	of each condominium operated by the association and of each
126	amendment to each declaration.
127	3.  A photocopy of the recorded bylaws of the association
128	and of each amendment to the bylaws.
129	4.  A certified copy of the articles of incorporation of
130	the association, or other documents creating the association,
131	and of each amendment thereto.
132	5.  A copy of the current rules of the association.
133	6.  A book or books which contain the minutes of all
134	meetings of the association, of the board of administration
135	directors, and of unit owners, which minutes shall be retained
136	for a period of not less than 7 years.
137	7.  A current roster of all unit owners and their mailing
138	addresses, unit identifications, voting certifications, and, if
139	known, telephone numbers. The association shall also maintain
140	the electronic mailing addresses and the numbers designated by
141	unit owners for receiving notice sent by electronic transmission
142	of those unit owners consenting to receive notice by electronic
143	transmission. The electronic mailing addresses and numbers
144	provided by unit owners to receive notice by electronic
145	transmission shall be removed from association records when
146	consent to receive notice by electronic transmission is revoked.
147	However, the association is not liable for an erroneous
148	disclosure of the electronic mail address or the number for
149	receiving electronic transmission of notices.
150	8.  All current insurance policies of the association and
151	condominiums operated by the association.
152	9.  A current copy of any management agreement, lease, or
153	other contract to which the association is a party or under
154	which the association or the unit owners have an obligation or
155	responsibility.
156	10.  Bills of sale or transfer for all property owned by
157	the association.
158	11.  Accounting records for the association and separate
159	accounting records for each condominium which the association
160	operates. All accounting records shall be maintained for a
161	period of not less than 7 years. Any officer, director, or
162	manager who knowingly or intentionally defaces, destroys, or
163	fails to create or maintain accounting records is personally
164	subject to a civil penalty pursuant to s. 718.501(1)(d) and
165	appropriate criminal sanctions. The accounting records shall
166	include, but are not limited to:
167	a.  Accurate, itemized, and detailed records of all
168	receipts and expenditures.
169	b.  A current account and a monthly, bimonthly, or
170	quarterly statement of the account for each unit designating the
171	name of the unit owner, the due date and amount of each
172	assessment, the amount paid upon the account, and the balance
173	due.
174	c.  All audits, reviews, accounting statements, and
175	financial reports of the association or condominium.
176	d.  All contracts for work to be performed. Bids for work
177	to be performed shall also be considered official records and
178	shall be maintained for a period of 1 year.
179	12.  Ballots, sign-in sheets, voting proxies, and all other
180	papers relating to voting by unit owners, which shall be
181	maintained for a period of 1 year from the date of the election,
182	vote, or meeting to which the document relates.
183	13.  All rental records, when the association is acting as
184	agent for the rental of condominium units.
185	14.  A copy of the current question and answer sheet as
186	described by s. 718.504.
187	15.  All other records of the association not specifically
188	included in the foregoing which are related to the operation of
189	the association.
190	(b)  The official records of the association shall be
191	maintained within the state for at least 5 years. The records of
192	the association shall be made available to a unit owner, at a
193	location within the county in which the condominium property is
194	located, within 5 working days after receipt of written request
195	by the board or its designee. This paragraph may be complied
196	with by having a copy of the official records of the association
197	available for inspection or copying on the condominium property
198	or association property.
199	(c)  The official records of the association are open to
200	inspection by any association member or the authorized
201	representative of such member at all reasonable times. The right
202	to inspect the records includes the right to make or obtain
203	copies, at the reasonable expense, if any, of the association
204	member. The association may adopt reasonable rules regarding the
205	frequency, time, location, notice, and manner of record
206	inspections and copying. The failure of an association to
207	provide the records within 10 working days after receipt of a
208	written request shall create a rebuttable presumption that the
209	association willfully failed to comply with this paragraph. A
210	unit owner who is denied access to official records is entitled
211	to the actual damages or minimum damages for the association's
212	willful failure to comply with this paragraph. The minimum
213	damages shall be $50 per calendar day up to 10 days, the
214	calculation to begin on the 11th working day after receipt of
215	the written request. The failure to permit inspection of the
216	association records as provided herein entitles any person
217	prevailing in an enforcement action to recover reasonable
218	attorney's fees from the person in control of the records who,
219	directly or indirectly, knowingly denied access to the records
220	for inspection. Any officer, director, or manager who knowingly
221	or intentionally defaces, destroys, or fails to create or
222	maintain accounting records is personally subject to a civil
223	penalty pursuant to s. 718.501(1)(d) and appropriate criminal
224	sanctions. The association shall maintain an adequate number of
225	copies of the declaration, articles of incorporation, bylaws,
226	and rules, and all amendments to each of the foregoing, as well
227	as the question and answer sheet provided for in s. 718.504 and
228	year-end financial information required in this section on the
229	condominium property to ensure their availability to unit owners
230	and prospective purchasers, and may charge its actual costs for
231	preparing and furnishing these documents to those requesting the
232	same. Notwithstanding the provisions of this paragraph, the
233	following records shall not be accessible to unit owners:
234	1.  Any record protected by the lawyer-client privilege as
235	described in s. 90.502; and any record protected by the work-
236	product privilege, including any record prepared by an
237	association attorney or prepared at the attorney's express
238	direction; which reflects a mental impression, conclusion,
239	litigation strategy, or legal theory of the attorney or the
240	association, and which was prepared exclusively for civil or
241	criminal litigation or for adversarial administrative
242	proceedings, or which was prepared in anticipation of imminent
243	civil or criminal litigation or imminent adversarial
244	administrative proceedings until the conclusion of the
245	litigation or adversarial administrative proceedings.
246	2.  Information obtained by an association in connection
247	with the approval of the lease, sale, or other transfer of a
248	unit.
249	3.  Medical records of unit owners.
250	4.  Social security numbers, driver's license numbers,
251	credit card numbers, and other personal identifying information
252	of unit owners, occupants, or tenants.
253	(13)  FINANCIAL REPORTING.--Within 90 days after the end of
254	the fiscal year, or annually on a date provided in the bylaws,
255	the association shall prepare and complete, or contract for the
256	preparation and completion of, a financial report for the
257	preceding fiscal year. Within 21 days after the final financial
258	report is completed by the association or received from the
259	third party, but not later than 120 days after the end of the
260	fiscal year or other date as provided in the bylaws, the
261	association shall mail to each unit owner at the address last
262	furnished to the association by the unit owner, or hand deliver
263	to each unit owner, a copy of the financial report or a notice
264	that a copy of the financial report will be mailed or hand
265	delivered to the unit owner, without charge, upon receipt of a
266	written request from the unit owner. The division shall adopt
267	rules setting forth uniform accounting principles and standards
268	to be used by all associations and shall adopt rules addressing
269	financial reporting requirements for multicondominium
270	associations. In adopting such rules, the division shall
271	consider the number of members and annual revenues of an
272	association. Financial reports shall be prepared as follows:
273	(a)  An association that meets the criteria of this
274	paragraph shall prepare or cause to be prepared a complete set
275	of financial statements in accordance with generally accepted
276	accounting principles. The financial statements shall be based
277	upon the association's total annual revenues, as follows:
278	1.  An association with total annual revenues of $100,000
279	or more, but less than $200,000, shall prepare compiled
280	financial statements.
281	2.  An association with total annual revenues of at least
282	$200,000, but less than $400,000, shall prepare reviewed
283	financial statements.
284	3.  An association with total annual revenues of $400,000
285	or more shall prepare audited financial statements.
286	(b)1.  An association with total annual revenues of less
287	than $100,000 shall prepare a report of cash receipts and
288	expenditures.
289	2.  An association which operates less than 50 units,
290	regardless of the association's annual revenues, shall prepare a
291	report of cash receipts and expenditures in lieu of financial
292	statements required by paragraph (a).
293	3.  A report of cash receipts and disbursements must
294	disclose the amount of receipts by accounts and receipt
295	classifications and the amount of expenses by accounts and
296	expense classifications, including, but not limited to, the
297	following, as applicable: costs for security, professional and
298	management fees and expenses, taxes, costs for recreation
299	facilities, expenses for refuse collection and utility services,
300	expenses for lawn care, costs for building maintenance and
301	repair, insurance costs, administration and salary expenses, and
302	reserves accumulated and expended for capital expenditures,
303	deferred maintenance, and any other category for which the
304	association maintains reserves.
305	(c)  An association may prepare or cause to be prepared,
306	without a meeting of or approval by the unit owners:
307	1.  Compiled, reviewed, or audited financial statements, if
308	the association is required to prepare a report of cash receipts
309	and expenditures;
310	2.  Reviewed or audited financial statements, if the
311	association is required to prepare compiled financial
312	statements; or
313	3.  Audited financial statements if the association is
314	required to prepare reviewed financial statements.
315	(d)  If approved by a majority of the voting interests
316	present at a properly called meeting of the association, an
317	association may prepare or cause to be prepared:
318	1.  A report of cash receipts and expenditures in lieu of a
319	compiled, reviewed, or audited financial statement;
320	2.  A report of cash receipts and expenditures or a
321	compiled financial statement in lieu of a reviewed or audited
322	financial statement; or
323	3.  A report of cash receipts and expenditures, a compiled
324	financial statement, or a reviewed financial statement in lieu
325	of an audited financial statement.
326
327	Such meeting and approval must occur prior to the end of the
328	fiscal year and is effective only for the fiscal year in which
329	the vote is taken. With respect to an association to which the
330	developer has not turned over control of the association, all
331	unit owners, including the developer, may vote on issues related
332	to the preparation of financial reports for the first 2 fiscal
333	years of the association's operation, beginning with the fiscal
334	year in which the declaration is recorded. Thereafter, all unit
335	owners except the developer may vote on such issues until
336	control is turned over to the association by the developer. An
337	association or board of administration may not waive the
338	financial reporting requirements of this section for more than 2
339	consecutive years.
340	Section 2.  Subsection (2) of section 718.112, Florida
341	Statutes, is amended to read:
342	718.112  Bylaws.--
343	(2)  REQUIRED PROVISIONS.--The bylaws of the association
344	shall provide for the following and, if they do not do so, shall
345	be deemed to include the following:
346	(a)  Administration.--
347	1.  The form of administration of the association shall be
348	described indicating the title of the officers and board of
349	administration and specifying the powers, duties, manner of
350	selection and removal, and compensation, if any, of officers and
351	boards. In the absence of such a provision, the board of
352	administration shall be composed of five members, except in the
353	case of a condominium which has five or fewer units, in which
354	case in a not-for-profit corporation the board shall consist of
355	not fewer than three members. In the absence of provisions to
356	the contrary in the bylaws, the board of administration shall
357	have a president, a secretary, and a treasurer, who shall
358	perform the duties of such officers customarily performed by
359	officers of corporations. Unless prohibited in the bylaws, the
360	board of administration may appoint other officers and grant
361	them the duties it deems appropriate. Unless otherwise provided
362	in the bylaws, the officers shall serve without compensation and
363	at the pleasure of the board of administration. Unless otherwise
364	provided in the bylaws, the members of the board shall serve
365	without compensation.
366	2.  When a unit owner files a written inquiry by certified
367	mail with the board of administration, the board shall respond
368	in writing to the unit owner within 30 days of receipt of the
369	inquiry. The board's response shall either give a substantive
370	response to the inquirer, notify the inquirer that a legal
371	opinion has been requested, or notify the inquirer that advice
372	has been requested from the division. If the board requests
373	advice from the division, the board shall, within 10 days of its
374	receipt of the advice, provide in writing a substantive response
375	to the inquirer. If a legal opinion is requested, the board
376	shall, within 60 days after the receipt of the inquiry, provide
377	in writing a substantive response to the inquiry. The failure to
378	provide a substantive response to the inquiry as provided herein
379	precludes the board from recovering attorney's fees and costs in
380	any subsequent litigation, administrative proceeding, or
381	arbitration arising out of the inquiry. The association may
382	through its board of administration adopt reasonable rules and
383	regulations regarding the frequency and manner of responding to
384	unit owner inquiries, one of which may be that the association
385	is only obligated to respond to one written inquiry per unit in
386	any given 30-day period. In such a case, any additional inquiry
387	or inquiries must be responded to in the subsequent 30-day
388	period, or periods, as applicable.
389	(b)  Quorum; voting requirements; proxies.--
390	1.  Unless a lower number is provided in the bylaws, the
391	percentage of voting interests required to constitute a quorum
392	at a meeting of the members shall be a majority of the voting
393	interests. Unless otherwise provided in this chapter or in the
394	declaration, articles of incorporation, or bylaws, and except as
395	provided in subparagraph (d)3., decisions shall be made by
396	owners of a majority of the voting interests represented at a
397	meeting at which a quorum is present.
398	2.  Except as specifically otherwise provided herein, after
399	January 1, 1992, unit owners may not vote by general proxy, but
400	may vote by limited proxies substantially conforming to a
401	limited proxy form adopted by the division. Votes allocated to
402	units owned by the association may not be cast by proxy, ballot,
403	or otherwise for any purpose. Limited proxies and general
404	proxies may be used to establish a quorum. Limited proxies shall
405	be used for votes taken to waive or reduce reserves in
406	accordance with subparagraph (f)2.; for votes taken to waive the
407	financial reporting requirements of s. 718.111(13); for votes
408	taken to amend the declaration pursuant to s. 718.110; for votes
409	taken to amend the articles of incorporation or bylaws pursuant
410	to this section; and for any other matter for which this chapter
411	requires or permits a vote of the unit owners. Except as
412	provided in paragraph (d), after January 1, 1992, no proxy,
413	limited or general, shall be used in the election of board
414	members. General proxies may be used for other matters for which
415	limited proxies are not required, and may also be used in voting
416	for nonsubstantive changes to items for which a limited proxy is
417	required and given. Notwithstanding the provisions of this
418	subparagraph, unit owners may vote in person at unit owner
419	meetings. Nothing contained herein shall limit the use of
420	general proxies or require the use of limited proxies for any
421	agenda item or election at any meeting of a timeshare
422	condominium association.
423	3.  Any proxy given shall be effective only for the
424	specific meeting for which originally given and any lawfully
425	adjourned meetings thereof. In no event shall any proxy be valid
426	for a period longer than 90 days after the date of the first
427	meeting for which it was given. Every proxy is revocable at any
428	time at the pleasure of the unit owner executing it.
429	4.  A member of the board of administration or a committee
430	may submit in writing his or her agreement or disagreement with
431	any action taken at a meeting that the member did not attend.
432	This agreement or disagreement may not be used as a vote for or
433	against the action taken and may not be used for the purposes of
434	creating a quorum.
435	5.  When any of the board or committee members meet by
436	telephone conference, those board or committee members attending
437	by telephone conference may be counted toward obtaining a quorum
438	and may vote by telephone. A telephone speaker must be used so
439	that the conversation of those board or committee members
440	attending by telephone may be heard by the board or committee
441	members attending in person as well as by any unit owners
442	present at a meeting.
443	(c)  Board of administration meetings.--Meetings of the
444	board of administration at which a quorum of the members is
445	present shall be open to all unit owners. Any unit owner may
446	tape record or videotape meetings of the board of
447	administration. The right to attend such meetings includes the
448	right to speak at such meetings with reference to all designated
449	agenda items. The division shall adopt reasonable rules
450	governing the tape recording and videotaping of the meeting. The
451	association may adopt written reasonable rules governing the
452	frequency, duration, and manner of unit owner statements.
453	Adequate notice of all meetings, which notice shall specifically
454	incorporate an identification of agenda items, shall be posted
455	conspicuously on the condominium property at least 48 continuous
456	hours preceding the meeting except in an emergency. Any item not
457	included on the notice may be taken up on an emergency basis by
458	at least a majority plus one of the members of the board or by a
459	petition of 20 percent of the unit owners. Such emergency action
460	shall be noticed and ratified at the next regular meeting of the
461	board. However, written notice of any meeting at which
462	nonemergency special assessments, or at which amendment to rules
463	regarding unit use, will be considered shall be mailed,
464	delivered, or electronically transmitted to the unit owners and
465	posted conspicuously on the condominium property not less than
466	14 days prior to the meeting. Evidence of compliance with this
467	14-day notice shall be made by an affidavit executed by the
468	person providing the notice and filed among the official records
469	of the association. Upon notice to the unit owners, the board
470	shall by duly adopted rule designate a specific location on the
471	condominium property or association property upon which all
472	notices of board meetings shall be posted. If there is no
473	condominium property or association property upon which notices
474	can be posted, notices of board meetings shall be mailed,
475	delivered, or electronically transmitted at least 14 days before
476	the meeting to the owner of each unit. In lieu of or in addition
477	to the physical posting of notice of any meeting of the board of
478	administration on the condominium property, the association may,
479	by reasonable rule, adopt a procedure for conspicuously posting
480	and repeatedly broadcasting the notice and the agenda on a
481	closed-circuit cable television system serving the condominium
482	association. However, if broadcast notice is used in lieu of a
483	notice posted physically on the condominium property, the notice
484	and agenda must be broadcast at least four times every broadcast
485	hour of each day that a posted notice is otherwise required
486	under this section. When broadcast notice is provided, the
487	notice and agenda must be broadcast in a manner and for a
488	sufficient continuous length of time so as to allow an average
489	reader to observe the notice and read and comprehend the entire
490	content of the notice and the agenda. Notice of any meeting in
491	which regular or special assessments against unit owners are to
492	be considered for any reason shall specifically state contain a
493	statement that assessments will be considered and the nature,
494	cost, and breakdown of any such assessments. Meetings of a
495	committee to take final action on behalf of the board or make
496	recommendations to the board regarding the association budget
497	are subject to the provisions of this paragraph. Meetings of a
498	committee that does not take final action on behalf of the board
499	or make recommendations to the board regarding the association
500	budget are subject to the provisions of this section, unless
501	those meetings are exempted from this section by the bylaws of
502	the association. Notwithstanding any other law, the requirement
503	that board meetings and committee meetings be open to the unit
504	owners is inapplicable to meetings between the board or a
505	committee and the association's attorney, with respect to
506	proposed or pending litigation, when the meeting is held for the
507	purpose of seeking or rendering legal advice.
508	(d)  Unit owner meetings.--
509	1.  There shall be an annual meeting of the unit owners
510	held at the location provided in the association bylaws; and, if
511	the bylaws are silent as to the location, the meeting shall be
512	held in the state within 30 miles of the condominium property.
513	Unless the bylaws provide otherwise, a vacancy on the board
514	caused by the expiration of a director's term shall be filled by
515	electing a new board member, and the election shall be by secret
516	ballot; however, if the number of vacancies equals or exceeds
517	the number of candidates, no election is required. If there is
518	no provision in the bylaws for terms of the members of the
519	board, the terms of all members of the board shall expire upon
520	the election of their successors at the annual meeting. Any unit
521	owner desiring to be a candidate for board membership shall
522	comply with subparagraph 3. A person is not eligible for board
523	membership if that person who has been convicted of any felony
524	by any court of record in the United States and who has not had
525	his or her right to vote restored pursuant to law in the
526	jurisdiction of his or her residence is not eligible for board
527	membership. The validity of an action by the board is not
528	affected if it is later determined that a member of the board is
529	ineligible for board membership due to having been convicted of
530	a felony.
531	2.  The bylaws shall provide the method of calling meetings
532	of unit owners, including annual meetings. Written notice, which
533	notice must include an agenda, shall be mailed, hand delivered,
534	or electronically transmitted to each unit owner at least 14
535	days prior to the annual meeting and shall be posted in a
536	conspicuous place on the condominium property at least 14
537	continuous days preceding the annual meeting. Upon notice to the
538	unit owners, the board shall by duly adopted rule designate a
539	specific location on the condominium property or association
540	property upon which all notices of unit owner meetings shall be
541	posted; however, if there is no condominium property or
542	association property upon which notices can be posted, this
543	requirement does not apply. In lieu of or in addition to the
544	physical posting of notice of any meeting of the unit owners on
545	the condominium property, the association may, by reasonable
546	rule, adopt a procedure for conspicuously posting and repeatedly
547	broadcasting the notice and the agenda on a closed-circuit cable
548	television system serving the condominium association. However,
549	if broadcast notice is used in lieu of a notice posted
550	physically on the condominium property, the notice and agenda
551	must be broadcast at least four times every broadcast hour of
552	each day that a posted notice is otherwise required under this
553	section. When broadcast notice is provided, the notice and
554	agenda must be broadcast in a manner and for a sufficient
555	continuous length of time so as to allow an average reader to
556	observe the notice and read and comprehend the entire content of
557	the notice and the agenda. Unless a unit owner waives in writing
558	the right to receive notice of the annual meeting, such notice
559	shall be hand delivered, mailed, or electronically transmitted
560	to each unit owner. Notice for meetings and notice for all other
561	purposes shall be mailed to each unit owner at the address last
562	furnished to the association by the unit owner, or hand
563	delivered to each unit owner. However, if a unit is owned by
564	more than one person, the association shall provide notice, for
565	meetings and all other purposes, to that one address which the
566	developer initially identifies for that purpose and thereafter
567	as one or more of the owners of the unit shall so advise the
568	association in writing, or if no address is given or the owners
569	of the unit do not agree, to the address provided on the deed of
570	record. An officer of the association, or the manager or other
571	person providing notice of the association meeting, shall
572	provide an affidavit or United States Postal Service certificate
573	of mailing, to be included in the official records of the
574	association affirming that the notice was mailed or hand
575	delivered, in accordance with this provision.
576	3.  The members of the board shall be elected by written
577	ballot or voting machine. Proxies shall in no event be used in
578	electing the board, either in general elections or elections to
579	fill vacancies caused by recall, resignation, or otherwise,
580	unless otherwise provided in this chapter. Not less than 60 days
581	before a scheduled election, the association or its
582	representative shall mail, deliver, or electronically transmit,
583	whether by separate association mailing or included in another
584	association mailing, delivery, or transmission, including
585	regularly published newsletters, to each unit owner entitled to
586	a vote, a first notice of the date of the election. Any unit
587	owner or other eligible person desiring to be a candidate for
588	the board must give written notice to the association or its
589	representative not less than 40 days before a scheduled
590	election. Together with the written notice and agenda as set
591	forth in subparagraph 2., the association or its representative
592	shall mail, deliver, or electronically transmit a second notice
593	of the election to all unit owners entitled to vote therein,
594	together with a ballot which shall list all candidates. Upon
595	request of a candidate, the association or its representative
596	shall include an information sheet, no larger than 81/2 inches
597	by 11 inches, which must be furnished by the candidate not less
598	than 35 days before the election, to be included with the
599	mailing, delivery, or transmission of the ballot, with the costs
600	of mailing, delivery, or electronic transmission and copying to
601	be borne by the association. An officer of the association, or
602	the manager or other person providing the first and second
603	notices, shall provide an affidavit or United States Postal
604	Service certificate of mailing, to be included in the official
605	records of the association, affirming that the notices were
606	mailed or hand delivered in accordance with this subparagraph.
607	The association or its representative is not liable for the
608	contents of the information sheets prepared by the candidates.
609	In order to reduce costs, the association may print or duplicate
610	the information sheets on both sides of the paper. The division
611	shall by rule establish voting procedures consistent with the
612	provisions contained herein, including rules establishing
613	procedures for giving notice by electronic transmission and
614	rules providing for the secrecy of ballots. All ballot envelopes
615	must be placed in a locked or sealed ballot drop box immediately
616	upon receipt, and the box shall not be opened in advance of the
617	election meeting. Elections shall be decided by a plurality of
618	those ballots cast. There shall be no quorum requirement;
619	however, at least 20 percent of the eligible voters must cast a
620	ballot in order to have a valid election of members of the
621	board. No unit owner shall permit any other person to vote his
622	or her ballot, except for a person acting under a specific power
623	of attorney, and any such ballots improperly cast shall be
624	deemed invalid, provided any unit owner who violates this
625	provision may be fined by the association in accordance with s.
626	718.303. A unit owner who needs assistance in casting the ballot
627	for the reasons stated in s. 101.051 may obtain assistance in
628	casting the ballot. The regular election shall occur on the date
629	of the annual meeting. The provisions of this subparagraph shall
630	not apply to timeshare condominium associations. Notwithstanding
631	the provisions of this subparagraph, an election is not required
632	unless more candidates file notices of intent to run or are
633	nominated than board vacancies exist.
634	4.  Any approval by unit owners called for by this chapter
635	or the applicable declaration or bylaws, including, but not
636	limited to, the approval requirement in s. 718.111(8), shall be
637	made at a duly noticed meeting of unit owners and shall be
638	subject to all requirements of this chapter or the applicable
639	condominium documents relating to unit owner decisionmaking,
640	except that unit owners may take action by written agreement,
641	without meetings, on matters for which action by written
642	agreement without meetings is expressly allowed by the
643	applicable bylaws or declaration or any statute that provides
644	for such action.
645	5.  Unit owners may waive notice of specific meetings if
646	allowed by the applicable bylaws or declaration or any statute.
647	If authorized by the bylaws, notice of meetings of the board of
648	administration, unit owner meetings, except unit owner meetings
649	called to recall board members under paragraph (j), and
650	committee meetings may be given by electronic transmission to
651	unit owners who consent to receive notice by electronic
652	transmission.
653	6.  Unit owners shall have the right to participate in
654	meetings of unit owners with reference to all designated agenda
655	items. However, the association may adopt reasonable rules
656	governing the frequency, duration, and manner of unit owner
657	participation.
658	7.  Any unit owner may tape record or videotape a meeting
659	of the unit owners subject to reasonable rules adopted by the
660	division.
661	8.  Unless otherwise provided in the bylaws, any vacancy
662	occurring on the board before the expiration of a term may be
663	filled by the affirmative vote of the majority of the remaining
664	directors, even if the remaining directors constitute less than
665	a quorum, or by the sole remaining director. In the alternative,
666	a board may hold an election to fill the vacancy, in which case
667	the election procedures must conform to the requirements of
668	subparagraph 3. unless the association has opted out of the
669	statutory election process, in which case the bylaws of the
670	association control. Unless otherwise provided in the bylaws, a
671	board member appointed or elected under this section shall fill
672	the vacancy for the unexpired term of the seat being filled.
673	Filling vacancies created by recall is governed by paragraph (j)
674	and rules adopted by the division.
675
676	Notwithstanding subparagraphs (b)2. and (d)3., an association
677	may, by the affirmative vote of a majority of the total voting
678	interests, provide for different voting and election procedures
679	in its bylaws, which vote may be by a proxy specifically
680	delineating the different voting and election procedures. The
681	different voting and election procedures may provide for
682	elections to be conducted by limited or general proxy.
683	(e)  Budget meeting.--
684	1.  Any meeting at which a proposed annual budget of an
685	association will be considered by the board or unit owners shall
686	be open to all unit owners. At least 14 days prior to such a
687	meeting, the board shall hand deliver to each unit owner, mail
688	to each unit owner at the address last furnished to the
689	association by the unit owner, or electronically transmit to the
690	location furnished by the unit owner for that purpose a notice
691	of such meeting and a copy of the proposed annual budget. An
692	officer or manager of the association, or other person providing
693	notice of such meeting, shall execute an affidavit evidencing
694	compliance with such notice requirement, and such affidavit
695	shall be filed among the official records of the association.
696	2.a.  If a board adopts in any fiscal year an annual budget
697	which requires assessments against unit owners which exceed 115
698	percent of assessments for the preceding fiscal year, the board
699	shall conduct a special meeting of the unit owners to consider a
700	substitute budget if the board receives, within 21 days after
701	adoption of the annual budget, a written request for a special
702	meeting from at least 10 percent of all voting interests. The
703	special meeting shall be conducted within 60 days after adoption
704	of the annual budget. At least 14 days prior to such special
705	meeting, the board shall hand deliver to each unit owner, or
706	mail to each unit owner at the address last furnished to the
707	association, a notice of the meeting. An officer or manager of
708	the association, or other person providing notice of such
709	meeting shall execute an affidavit evidencing compliance with
710	this notice requirement, and such affidavit shall be filed among
711	the official records of the association. Unit owners may
712	consider and adopt a substitute budget at the special meeting. A
713	substitute budget is adopted if approved by a majority of all
714	voting interests unless the bylaws require adoption by a greater
715	percentage of voting interests. If there is not a quorum at the
716	special meeting or a substitute budget is not adopted, the
717	annual budget previously adopted by the board shall take effect
718	as scheduled.
719	b.  Any determination of whether assessments exceed 115
720	percent of assessments for the prior fiscal year shall exclude
721	any authorized provision for reasonable reserves for repair or
722	replacement of the condominium property, anticipated expenses of
723	the association which the board does not expect to be incurred
724	on a regular or annual basis, or assessments for betterments to
725	the condominium property.
726	c.  If the developer controls the board, assessments shall
727	not exceed 115 percent of assessments for the prior fiscal year
728	unless approved by a majority of all voting interests.
729	(f)  Annual budget.--
730	1.  The association shall prepare an annual budget of
731	estimated revenues and expenses. The adopted budget of the prior
732	fiscal year shall remain in effect until the association has
733	adopted a new budget for the current fiscal year. The proposed
734	annual budget of estimated revenues and common expenses shall be
735	detailed and shall show the amounts budgeted by accounts and
736	expense classifications, including, if applicable, but not
737	limited to, those expenses listed in s. 718.504(21). A
738	multicondominium association shall adopt a separate budget of
739	common expenses for each condominium the association operates
740	and shall adopt a separate budget of common expenses for the
741	association. In addition, if the association maintains limited
742	common elements with the cost to be shared only by those
743	entitled to use the limited common elements as provided for in
744	s. 718.113(1), the budget or a schedule attached thereto shall
745	show amounts budgeted therefor. If, after turnover of control of
746	the association to the unit owners, any of the expenses listed
747	in s. 718.504(21) are not applicable, they need not be listed.
748	2.  In addition to annual operating expenses, the budget
749	shall include reserve accounts for capital expenditures and
750	deferred maintenance. These accounts shall include, but are not
751	limited to, roof replacement, building painting, and pavement
752	resurfacing, regardless of the amount of deferred maintenance
753	expense or replacement cost, and for any other item for which
754	the deferred maintenance expense or replacement cost exceeds
755	$10,000. The amount to be reserved shall be computed by means of
756	a formula which is based upon estimated remaining useful life
757	and estimated replacement cost or deferred maintenance expense
758	of each reserve item. The association may adjust replacement
759	reserve assessments annually to take into account any changes in
760	estimates or extension of the useful life of a reserve item
761	caused by deferred maintenance. This subsection does not apply
762	to an adopted budget in which the members of an association have
763	determined, by a majority vote at a duly called meeting of the
764	association, to provide no reserves or less reserves than
765	required by this subsection. However, prior to turnover of
766	control of an association by a developer to unit owners other
767	than a developer pursuant to s. 718.301, the developer may vote
768	to waive the reserves or reduce the funding of reserves for the
769	first 2 fiscal years of the association's operation, beginning
770	with the fiscal year in which the initial declaration is
771	recorded, after which time reserves may be waived or reduced
772	only upon the vote of a majority of all nondeveloper voting
773	interests voting in person or by limited proxy at a duly called
774	meeting of the association. If a meeting of the unit owners has
775	been called to determine whether to waive or reduce the funding
776	of reserves, and no such result is achieved or a quorum is not
777	attained, the reserves as included in the budget shall go into
778	effect. After the turnover, the developer may vote its voting
779	interest to waive or reduce the funding of reserves.
780	3.  Reserve funds and any interest accruing thereon shall
781	remain in the reserve account or accounts, and shall be used
782	only for authorized reserve expenditures unless their use for
783	other purposes is approved in advance by a majority vote at a
784	duly called meeting of the association. Prior to turnover of
785	control of an association by a developer to unit owners other
786	than the developer pursuant to s. 718.301, the developer-
787	controlled association shall not vote to use reserves for
788	purposes other than that for which they were intended without
789	the approval of a majority of all nondeveloper voting interests,
790	voting in person or by limited proxy at a duly called meeting of
791	the association.
792	4.  The only voting interests which are eligible to vote on
793	questions that involve waiving or reducing the funding of
794	reserves, or using existing reserve funds for purposes other
795	than purposes for which the reserves were intended, are the
796	voting interests of the units subject to assessment to fund the
797	reserves in question. The face of all ballots that involve
798	questions relating to waiving or reducing the funding of
799	reserves or using existing reserve funds for purposes other than
800	purposes for which the reserves were intended shall contain the
801	following statement in capitalized, bold letters in a font size
802	larger than any other used on the face of the ballot: WAIVING OF
803	RESERVES, IN WHOLE OR IN PART, OR ALLOWING ALTERNATE USES OF
804	EXISTING RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT
805	OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE RESERVE
806	ITEMS.
807	5.  A vote to provide for no reserves or a percentage of
808	reserves shall be made at the annual meeting of the unit owners
809	called under paragraph (d). The division shall adopt the form
810	for the ballot for no reserves and a percentage of reserves.
811	6.  Notwithstanding subparagraph 3., the association after
812	turnover of control of the association may, in case of a
813	catastrophic event, use reserve funds for nonscheduled purposes
814	to mitigate further damage to units or common elements or to
815	make the condominium accessible for repairs.
816	(g)  Assessments.--The manner of collecting from the unit
817	owners their shares of the common expenses shall be stated in
818	the bylaws. Assessments shall be made against units not less
819	frequently than quarterly in an amount which is not less than
820	that required to provide funds in advance for payment of all of
821	the anticipated current operating expenses and for all of the
822	unpaid operating expenses previously incurred. Nothing in this
823	paragraph shall preclude the right of an association to
824	accelerate assessments of an owner delinquent in payment of
825	common expenses. Accelerated assessments shall be due and
826	payable on the date the claim of lien is filed. Such accelerated
827	assessments shall include the amounts due for the remainder of
828	the budget year in which the claim of lien was filed.
829	(h)  Amendment of bylaws.--
830	1.  The method by which the bylaws may be amended
831	consistent with the provisions of this chapter shall be stated.
832	If the bylaws fail to provide a method of amendment, the bylaws
833	may be amended if the amendment is approved by the owners of not
834	less than two-thirds of the voting interests.
835	2.  No bylaw shall be revised or amended by reference to
836	its title or number only. Proposals to amend existing bylaws
837	shall contain the full text of the bylaws to be amended; new
838	words shall be inserted in the text underlined, and words to be
839	deleted shall be lined through with hyphens. However, if the
840	proposed change is so extensive that this procedure would
841	hinder, rather than assist, the understanding of the proposed
842	amendment, it is not necessary to use underlining and hyphens as
843	indicators of words added or deleted, but, instead, a notation
844	must be inserted immediately preceding the proposed amendment in
845	substantially the following language: "Substantial rewording of
846	bylaw. See bylaw _____ for present text."
847	3.  Nonmaterial errors or omissions in the bylaw process
848	will not invalidate an otherwise properly promulgated amendment.
849	(i)  Transfer fees.--No charge shall be made by the
850	association or any body thereof in connection with the sale,
851	mortgage, lease, sublease, or other transfer of a unit unless
852	the association is required to approve such transfer and a fee
853	for such approval is provided for in the declaration, articles,
854	or bylaws. Any such fee may be preset, but in no event may such
855	fee exceed $100 per applicant other than husband/wife or
856	parent/dependent child, which are considered one applicant.
857	However, if the lease or sublease is a renewal of a lease or
858	sublease with the same lessee or sublessee, no charge shall be
859	made. The foregoing notwithstanding, an association may, if the
860	authority to do so appears in the declaration or bylaws, require
861	that a prospective lessee place a security deposit, in an amount
862	not to exceed the equivalent of 1 month's rent, into an escrow
863	account maintained by the association. The security deposit
864	shall protect against damages to the common elements or
865	association property. Payment of interest, claims against the
866	deposit, refunds, and disputes under this paragraph shall be
867	handled in the same fashion as provided in part II of chapter
868	83.
869	(j)  Recall of board members.--Subject to the provisions of
870	s. 718.301, any member of the board of administration may be
871	recalled and removed from office with or without cause by the
872	vote or agreement in writing by a majority of all the voting
873	interests. A special meeting of the unit owners to recall a
874	member or members of the board of administration may be called
875	by 10 percent of the voting interests giving notice of the
876	meeting as required for a meeting of unit owners, and the notice
877	shall state the purpose of the meeting. Electronic transmission
878	may not be used as a method of giving notice of a meeting called
879	in whole or in part for this purpose.
880	1.  If the recall is approved by a majority of all voting
881	interests by a vote at a meeting, the recall will be effective
882	as provided herein. The board shall duly notice and hold a board
883	meeting within 5 full business days of the adjournment of the
884	unit owner meeting to recall one or more board members. At the
885	meeting, the board shall either certify the recall, in which
886	case such member or members shall be recalled effective
887	immediately and shall turn over to the board within 5 full
888	business days any and all records and property of the
889	association in their possession, or shall proceed as set forth
890	in subparagraph 3.
891	2.  If the proposed recall is by an agreement in writing by
892	a majority of all voting interests, the agreement in writing or
893	a copy thereof shall be served on the association by certified
894	mail or by personal service in the manner authorized by chapter
895	48 and the Florida Rules of Civil Procedure. The board of
896	administration shall duly notice and hold a meeting of the board
897	within 5 full business days after receipt of the agreement in
898	writing. At the meeting, the board shall either certify the
899	written agreement to recall a member or members of the board, in
900	which case such member or members shall be recalled effective
901	immediately and shall turn over to the board within 5 full
902	business days any and all records and property of the
903	association in their possession, or proceed as described in
904	subparagraph 3.
905	3.  If the board determines not to certify the written
906	agreement to recall a member or members of the board, or does
907	not certify the recall by a vote at a meeting, the board shall,
908	within 5 full business days after the meeting, file with the
909	division a petition for arbitration pursuant to the procedures
910	in s. 718.1255. For the purposes of this section, the unit
911	owners who voted at the meeting or who executed the agreement in
912	writing shall constitute one party under the petition for
913	arbitration. If the arbitrator certifies the recall as to any
914	member or members of the board, the recall will be effective
915	upon mailing of the final order of arbitration to the
916	association. If the association fails to comply with the order
917	of the arbitrator, the division may take action pursuant to s.
918	718.501. Any member or members so recalled shall deliver to the
919	board any and all records of the association in their possession
920	within 5 full business days of the effective date of the recall.
921	4.  If the board fails to duly notice and hold a board
922	meeting within 5 full business days of service of an agreement
923	in writing or within 5 full business days of the adjournment of
924	the unit owner recall meeting, the recall shall be deemed
925	effective and the board members so recalled shall immediately
926	turn over to the board any and all records and property of the
927	association.
928	5.  If a vacancy occurs on the board as a result of a
929	recall and less than a majority of the board members are
930	removed, the vacancy may be filled by the affirmative vote of a
931	majority of the remaining directors, notwithstanding any
932	provision to the contrary contained in this subsection. If
933	vacancies occur on the board as a result of a recall and a
934	majority or more of the board members are removed, the vacancies
935	shall be filled in accordance with procedural rules to be
936	adopted by the division, which rules need not be consistent with
937	this subsection. The rules must provide procedures governing the
938	conduct of the recall election as well as the operation of the
939	association during the period after a recall but prior to the
940	recall election.
941	(k)  Arbitration.--There shall be a provision for mandatory
942	nonbinding arbitration as provided for in s. 718.1255.
943	(l)  Certificate of compliance.--There shall be a provision
944	that a certificate of compliance from a licensed electrical
945	contractor or electrician may be accepted by the association's
946	board as evidence of compliance of the condominium units with
947	the applicable fire and life safety code. Notwithstanding the
948	provisions of chapter 633 or of any other code, statute,
949	ordinance, administrative rule, or regulation, or any
950	interpretation of the foregoing, an association, condominium, or
951	unit owner is not obligated to retrofit the common elements or
952	units of a residential condominium with a fire sprinkler system
953	or other engineered lifesafety system in a building that has
954	been certified for occupancy by the applicable governmental
955	entity, if the unit owners have voted to forego such
956	retrofitting and engineered lifesafety system by the affirmative
957	vote of two-thirds of all voting interests in the affected
958	condominium. However, a condominium association may not vote to
959	forego the retrofitting with a fire sprinkler system of common
960	areas in a high-rise building. For purposes of this subsection,
961	the term "high-rise building" means a building that is greater
962	than 75 feet in height where the building height is measured
963	from the lowest level of fire department access to the floor of
964	the highest occupiable story. For purposes of this subsection,
965	the term "common areas" means any enclosed hallway, corridor,
966	lobby, stairwell, or entryway. In no event shall the local
967	authority having jurisdiction require completion of retrofitting
968	of common areas with a sprinkler system before the end of 2014.
969	1.  A vote to forego retrofitting may be obtained by
970	limited proxy or by a ballot personally cast at a duly called
971	membership meeting, or by execution of a written consent by the
972	member, and shall be effective upon the recording of a
973	certificate attesting to such vote in the public records of the
974	county where the condominium is located. The association shall
975	mail, hand deliver, or electronically transmit to each unit
976	owner written notice at least 14 days prior to such membership
977	meeting in which the vote to forego retrofitting of the required
978	fire sprinkler system is to take place. Within 30 days after the
979	association's opt-out vote, notice of the results of the opt-out
980	vote shall be mailed, hand delivered, or electronically
981	transmitted to all unit owners. Evidence of compliance with this
982	30-day notice shall be made by an affidavit executed by the
983	person providing the notice and filed among the official records
984	of the association. After such notice is provided to each owner,
985	a copy of such notice shall be provided by the current owner to
986	a new owner prior to closing and shall be provided by a unit
987	owner to a renter prior to signing a lease.
988	2.  As part of the information collected annually from
989	condominiums, the division shall require condominium
990	associations to report the membership vote and recording of a
991	certificate under this subsection and, if retrofitting has been
992	undertaken, the per-unit cost of such work. The division shall
993	annually report to the Division of State Fire Marshal of the
994	Department of Financial Services the number of condominiums that
995	have elected to forego retrofitting.
996	(m)  Common elements; limited power to convey.--
997	1.  With respect to condominiums created on or after
998	October 1, 1994, the bylaws shall include a provision granting
999	the association a limited power to convey a portion of the
1000	common elements to a condemning authority for the purpose of
1001	providing utility easements, right-of-way expansion, or other
1002	public purposes, whether negotiated or as a result of eminent
1003	domain proceedings.
1004	2.  In any case where the bylaws are silent as to the
1005	association's power to convey common elements as described in
1006	subparagraph 1., the bylaws shall be deemed to include the
1007	provision described in subparagraph 1.
1008	Section 3.  Subsections (6) and (7) are added to section
1009	718.113, Florida Statutes, to read:
1010	718.113  Maintenance; limitation upon improvement; display
1011	of flag; hurricane shutters; display of religious decorations.--
1012	(6)  Every 5 years, each board of administration shall have
1013	the condominium buildings inspected by a professional engineer
1014	or professional architect registered in the state for the
1015	purposes of determining whether the buildings are structurally
1016	and electrically safe and determining any immediate maintenance
1017	required as well as any long-term maintenance necessary in the
1018	form of a long-term maintenance plan. The long-term maintenance
1019	plan shall include an executive summary that shall be
1020	distributed to all unit owners. The engineer or architect shall
1021	provide a report indicating the manner and type of inspection
1022	forming the basis for the report and description of any matters
1023	identified as requiring remedial action. The report shall become
1024	an official record of the association and be provided to the
1025	members upon request pursuant to s. 718.111(12).
1026	(7)  The board of administration may not adopt any rule or
1027	regulation impairing any rights guaranteed by the First
1028	Amendment to the Constitution of the United States or s. 3, Art.
1029	I of the Florida Constitution, including, but not limited to,
1030	the free exercise of religion, nor may any rules or regulations
1031	conflict with the provisions of this chapter or the condominium
1032	instruments. A rule or regulation may not prohibit any
1033	reasonable accommodation for religious practices, including the
1034	attachment of religiously mandated objects to the front-door
1035	area of a condominium unit.
1036	Section 4.  Section 718.1224, Florida Statutes, is created
1037	to read:
1038	718.1224  Prohibition against SLAPP suits.--
1039	(1)  It is the intent of the Legislature to protect the
1040	right of condominium unit owners to exercise their rights to
1041	instruct their representatives and petition for redress of
1042	grievances before the various governmental entities of this
1043	state as protected by the First Amendment to the United States
1044	Constitution and s. 5, Art. I of the State Constitution. The
1045	Legislature recognizes that strategic lawsuits against public
1046	participation, or "SLAPP suits" as they are typically referred
1047	to, have occurred when association members are sued by
1048	individuals, business entities, or governmental entities arising
1049	out of a condominium unit owner's appearance and presentation
1050	before a governmental entity on matters related to the
1051	condominium association. However, it is the public policy of
1052	this state that governmental entities, business organizations,
1053	and individuals not engage in SLAPP suits, because such actions
1054	are inconsistent with the right of condominium unit owners to
1055	participate in the state's institutions of government.
1056	Therefore, the Legislature finds and declares that prohibiting
1057	such lawsuits by governmental entities, business entities, and
1058	individuals against condominium unit owners who address matters
1059	concerning their condominium association will preserve this
1060	fundamental state policy, preserve the constitutional rights of
1061	condominium unit owners, and ensure the continuation of
1062	representative government in this state. It is the intent of the
1063	Legislature that such lawsuits be expeditiously disposed of by
1064	the courts. As used in this subsection, the term "governmental
1065	entity" means the state, including the executive, legislative,
1066	and judicial branches of government; the independent
1067	establishments of the state, counties, municipalities,
1068	districts, authorities, boards, or commissions; or any agencies
1069	of these branches which are subject to chapter 286.
1070	(2)  A governmental entity, business organization, or
1071	individual in this state may not file or cause to be filed
1072	through its employees or agents any lawsuit, cause of action,
1073	claim, cross-claim, or counterclaim against a condominium unit
1074	owner without merit and solely because such condominium unit
1075	owner has exercised the right to instruct his or her
1076	representatives or the right to petition for redress of
1077	grievances before the various governmental entities of this
1078	state, as protected by the First Amendment to the United States
1079	Constitution and s. 5, Art. I of the State Constitution.
1080	(3)  A condominium unit owner sued by a governmental
1081	entity, business organization, or individual in violation of
1082	this section has a right to an expeditious resolution of a claim
1083	that the suit is in violation of this section. A condominium
1084	unit owner may petition the court for an order dismissing the
1085	action or granting final judgment in favor of that condominium
1086	unit owner. The petitioner may file a motion for summary
1087	judgment, together with supplemental affidavits, seeking a
1088	determination that the governmental entity's, business
1089	organization's, or individual's lawsuit has been brought in
1090	violation of this section. The governmental entity, business
1091	organization, or individual shall thereafter file its response
1092	and any supplemental affidavits. As soon as practicable, the
1093	court shall set a hearing on the petitioner's motion, which
1094	shall be held at the earliest possible time after the filing of
1095	the governmental entity's, business organization's, or
1096	individual's response. The court may award the condominium unit
1097	owner sued by the governmental entity, business organization, or
1098	individual actual damages arising from the governmental
1099	entity's, individual's, or business organization's violation of
1100	this section. A court may treble the damages awarded to a
1101	prevailing condominium unit owner and shall state the basis for
1102	the treble damages award in its judgment. The court shall award
1103	the prevailing party reasonable attorney fees and costs incurred
1104	in connection with a claim that an action was filed in violation
1105	of this section.
1106	(4)  Condominium associations may not expend association
1107	funds in prosecuting a SLAPP suit against a condominium unit
1108	owner.
1109	Section 5.  This act shall take effect July 1, 2008.

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