Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 748
       
       
       
       
       
       
                                Ì594576SÎ594576                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2015           .                                
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       The Committee on Regulated Industries (Richter) recommended the
       following:
       
    1         Senate Amendment to Amendment (127128) (with title
    2  amendment)
    3  
    4         Delete lines 753 - 2617
    5  and insert:
    6         Section 8. Section 718.128, Florida Statutes, is created to
    7  read:
    8         718.128 Electronic voting.—The association may conduct
    9  elections by electronic voting if a member consents, in writing,
   10  to voting electronically and the following requirements are met:
   11         (1) The association provides each member with:
   12         (a) A method to authenticate the member’s identity to the
   13  electronic voting system.
   14         (b) A method to secure the member’s vote from, among other
   15  things, malicious software and the ability of others to remotely
   16  monitor or control the electronic voting platform.
   17         (c) A method to communicate with the electronic voting
   18  system.
   19         (d) A method to review an electronic ballot before its
   20  transmission to the electronic voting system.
   21         (e) A method to transmit an electronic ballot to the
   22  electronic voting system which ensures the secrecy and integrity
   23  of each ballot.
   24         (f) A method to allow members to verify the authenticity of
   25  receipts sent from the electronic voting system.
   26         (g) A method to confirm, at least 14 days before the voting
   27  deadline, that the member’s electronic voting platform can
   28  successfully communicate with the electronic voting system.
   29         (h) In the event of a disruption of the electronic voting
   30  system, the ability to vote by mail or to deliver a ballot in
   31  person.
   32         (2) The association uses an electronic voting system that
   33  is:
   34         (a) Accessible to members with disabilities.
   35         (b) Secure from, among other things, malicious software and
   36  the ability of others to remotely monitor or control the system.
   37         (c) Able to authenticate the member’s identity.
   38         (d) Able to communicate with each member’s electronic
   39  voting platform.
   40         (e) Able to authenticate the validity of each electronic
   41  ballot to ensure that the ballot is not altered in transit.
   42         (f) Able to transmit a receipt from the electronic voting
   43  system to each member who casts an electronic ballot.
   44         (g) Able to permanently separate any authentication or
   45  identifying information from the electronic ballot, rendering it
   46  impossible to tie a ballot to a specific member.
   47         (h) Able to allow the member to confirm that his or her
   48  ballot has been received and counted.
   49         (i) Able to store and keep electronic ballots accessible to
   50  election officials for recount, inspection, and review purposes.
   51         (3) A member voting electronically pursuant to this section
   52  shall be counted as being in attendance at the meeting for
   53  purposes of determining a quorum.
   54         (4) The bylaws of an association must provide for and allow
   55  voting pursuant to this section before this section shall apply.
   56  This section may apply to some or all matters for which a vote
   57  of the membership is required.
   58         Section 9. Subsections (1) and (4) of section 718.301,
   59  Florida Statutes, are amended to read:
   60         718.301 Transfer of association control; claims of defect
   61  by association.—
   62         (1) If unit owners other than the developer own 15 percent
   63  or more of the units in a condominium that ultimately will be
   64  operated ultimately by an association, as provided in the
   65  declaration, articles of incorporation, or bylaws as originally
   66  recorded, the unit owners other than the developer are entitled
   67  to elect at least one-third of the members of the board of
   68  administration of the association. Unit owners other than the
   69  developer are entitled to elect at least a majority of the
   70  members of the board of administration of an association, upon
   71  the first to occur of any of the following events that occur:
   72         (a) Three years after 50 percent of the units that
   73  ultimately will be operated ultimately by the association, as
   74  provided in the declaration, articles of incorporation, or
   75  bylaws as originally recorded, have been conveyed to
   76  purchasers.;
   77         (b) Three months after 90 percent of the units that
   78  ultimately will be operated ultimately by the association, as
   79  provided in the declaration, articles of incorporation, or
   80  bylaws as originally recorded, have been conveyed to
   81  purchasers.;
   82         (c) When all the units that ultimately will be operated
   83  ultimately by the association, as provided in the declaration,
   84  articles of incorporation, or bylaws as originally recorded,
   85  have been completed, some of them have been conveyed to
   86  purchasers, and none of the others is are being offered for sale
   87  by the developer in the ordinary course of business.;
   88         (d) When some of the units have been conveyed to purchasers
   89  and none of the others is are being constructed or offered for
   90  sale by the developer in the ordinary course of business.;
   91         (e) When the developer files a petition seeking protection
   92  in bankruptcy.;
   93         (f) When a bulk-unit purchaser who owns a majority of the
   94  units that ultimately will be operated by the association, as
   95  provided in the declaration, articles of incorporation, or
   96  bylaws as originally recorded, files a petition seeking
   97  protection in bankruptcy.
   98         (g)(f) When a receiver for the developer is appointed by a
   99  circuit court and is not discharged within 30 days after such
  100  appointment, unless the court determines within 30 days after
  101  appointment of the receiver that transfer of control would be
  102  detrimental to the association or its members.; or
  103         (h) When a receiver for a bulk-unit purchaser who owns a
  104  majority of the units that ultimately will be operated by the
  105  association, as provided in the declaration, articles of
  106  incorporation, or bylaws as originally recorded, is appointed by
  107  a circuit court and is not discharged within 30 days after such
  108  appointment, unless the court determines within 30 days after
  109  appointment of the receiver that transfer of control would be
  110  detrimental to the association or its members.
  111         (i) Five years after the date of recording of the first
  112  conveyance to a bulk-unit purchaser who owns a majority of the
  113  units that ultimately will be operated by the association, as
  114  provided in the declaration, articles of incorporation, or
  115  bylaws as originally recorded. Notwithstanding that unit owners
  116  other than the developer are entitled to elect a majority of the
  117  members of the board of administration and notwithstanding s.
  118  718.112(2)(f)2., 5 years after the date of recording of the
  119  first conveyance of a unit to a bulk-unit purchaser who owns a
  120  majority of the units, the bulk-unit purchaser may exercise the
  121  right to vote for each unit owned by the bulk-unit purchaser in
  122  the same manner as any other unit owner except for the purposes
  123  of reacquiring control of the association or electing or
  124  appointing a majority of the members of the board of
  125  administration.
  126         (j)(g) Seven years after the date of the recording of the
  127  certificate of a surveyor and mapper pursuant to s.
  128  718.104(4)(e) or the recording of an instrument that transfers
  129  title to a unit in the condominium which is not accompanied by a
  130  recorded assignment of developer rights in favor of the grantee
  131  of such unit, whichever occurs first; or, in the case of an
  132  association that may ultimately may operate more than one
  133  condominium, 7 years after the date of the recording of the
  134  certificate of a surveyor and mapper pursuant to s.
  135  718.104(4)(e) or the recording of an instrument that transfers
  136  title to a unit which is not accompanied by a recorded
  137  assignment of developer rights in favor of the grantee of such
  138  unit, whichever occurs first, for the first condominium it
  139  operates; or, in the case of an association operating a phase
  140  condominium created pursuant to s. 718.403, 7 years after the
  141  date of the recording of the certificate of a surveyor and
  142  mapper pursuant to s. 718.104(4)(e) or the recording of an
  143  instrument that transfers title to a unit which is not
  144  accompanied by a recorded assignment of developer rights in
  145  favor of the grantee of such unit, whichever occurs first.
  146  
  147  The developer is entitled to elect at least one member of the
  148  board of administration of an association as long as the
  149  developer holds for sale in the ordinary course of business at
  150  least 5 percent, in condominiums with fewer than 500 units, and
  151  2 percent, in condominiums with more than 500 units, of the
  152  units in a condominium operated by the association. After the
  153  developer relinquishes control of the association, the developer
  154  may exercise the right to vote any developer-owned units in the
  155  same manner as any other unit owner except for purposes of
  156  reacquiring control of the association or selecting a the
  157  majority of the members of the board of administration.
  158         (4) At the time that unit owners other than the developer
  159  elect a majority of the members of the board of administration
  160  of an association, the developer or bulk-unit purchaser shall
  161  relinquish control of the association, and the unit owners shall
  162  accept control. Simultaneously, or for the purposes of paragraph
  163  (c) not more than 90 days thereafter, the developer or bulk-unit
  164  purchaser shall deliver to the association, at the developer’s
  165  or bulk-unit purchaser’s expense, all property of the unit
  166  owners and of the association which is held or controlled by the
  167  developer or bulk-unit purchaser, including, but not limited to,
  168  the following items, if applicable, as to each condominium
  169  operated by the association:
  170         (a)1. The original or a photocopy of the recorded
  171  declaration of condominium and all amendments thereto. If a
  172  photocopy is provided, it must be certified by affidavit of the
  173  developer, a bulk-unit purchaser, or an officer or agent of the
  174  developer or bulk-unit purchaser as being a complete copy of the
  175  actual recorded declaration.
  176         2. A certified copy of the articles of incorporation of the
  177  association or, if the association was created before prior to
  178  the effective date of this act and it is not incorporated,
  179  copies of the documents creating the association.
  180         3. A copy of the bylaws.
  181         4. The minute books, including all minutes, and other books
  182  and records of the association, if any.
  183         5. Any house rules and regulations that have been adopted
  184  promulgated.
  185         (b) Resignations of officers and members of the board of
  186  administration who are required to resign because the developer
  187  or bulk-unit purchaser is required to relinquish control of the
  188  association.
  189         (c) The financial records, including financial statements
  190  of the association, and source documents from the incorporation
  191  of the association through the date of turnover. The records
  192  must be audited for the period from the incorporation of the
  193  association or from the period covered by the last audit, if an
  194  audit has been performed for each fiscal year since
  195  incorporation, by an independent certified public accountant.
  196  All financial statements must be prepared in accordance with
  197  generally accepted accounting principles and must be audited in
  198  accordance with generally accepted auditing standards, as
  199  prescribed by the Florida Board of Accountancy, pursuant to
  200  chapter 473. The accountant performing the audit shall examine
  201  to the extent necessary supporting documents and records,
  202  including the cash disbursements and related paid invoices, to
  203  determine whether if expenditures were for association purposes
  204  and the billings, cash receipts, and related records to
  205  determine whether that the developer or bulk-unit purchaser was
  206  charged and paid the proper amounts of assessments.
  207         (d) Association funds or control thereof.
  208         (e) All tangible personal property that is property of the
  209  association, which is represented by the developer or bulk-unit
  210  purchaser to be part of the common elements or which is
  211  ostensibly part of the common elements, and an inventory of that
  212  property.
  213         (f) A copy of the plans and specifications used utilized in
  214  the construction or remodeling of improvements and the supplying
  215  of equipment to the condominium and in the construction and
  216  installation of all mechanical components serving the
  217  improvements and the site with a certificate in affidavit form
  218  of the developer, the bulk-unit purchaser, or the developer’s or
  219  bulk-unit purchaser’s agent or an architect or engineer
  220  authorized to practice in this state that such plans and
  221  specifications represent, to the best of his or her knowledge
  222  and belief, the actual plans and specifications used utilized in
  223  the construction and improvement of the condominium property and
  224  for the construction and installation of the mechanical
  225  components serving the improvements. If the condominium property
  226  has been declared a condominium more than 3 years after the
  227  completion of construction or remodeling of the improvements,
  228  the requirements of this paragraph does do not apply.
  229         (g) A list of the names and addresses of all contractors,
  230  subcontractors, and suppliers used utilized in the construction
  231  or remodeling of the improvements and in the landscaping of the
  232  condominium or association property which the developer or bulk
  233  unit purchaser had knowledge of at any time in the development
  234  of the condominium.
  235         (h) Insurance policies.
  236         (i) Copies of any certificates of occupancy that may have
  237  been issued for the condominium property.
  238         (j) Any other permits applicable to the condominium
  239  property which have been issued by governmental bodies and are
  240  in force or were issued within 1 year before prior to the date
  241  the unit owners other than the developer or bulk-unit purchaser
  242  took control of the association.
  243         (k) All written warranties of the contractor,
  244  subcontractors, suppliers, and manufacturers, if any, that are
  245  still effective.
  246         (l) A roster of unit owners and their addresses and
  247  telephone numbers, if known, as shown on the developer’s or
  248  bulk-unit purchaser’s records.
  249         (m) Leases of the common elements and other leases to which
  250  the association is a party.
  251         (n) Employment contracts or service contracts in which the
  252  association is one of the contracting parties or service
  253  contracts in which the association or the unit owners have an
  254  obligation or responsibility, directly or indirectly, to pay
  255  some or all of the fee or charge of the person or persons
  256  performing the service.
  257         (o) All other contracts to which the association is a
  258  party.
  259         (p) A report included in the official records, under seal
  260  of an architect or engineer authorized to practice in this
  261  state, attesting to required maintenance, useful life, and
  262  replacement costs of the following applicable common elements
  263  comprising a turnover inspection report:
  264         1. Roof.
  265         2. Structure.
  266         3. Fireproofing and fire protection systems.
  267         4. Elevators.
  268         5. Heating and cooling systems.
  269         6. Plumbing.
  270         7. Electrical systems.
  271         8. Swimming pool or spa and equipment.
  272         9. Seawalls.
  273         10. Pavement and parking areas.
  274         11. Drainage systems.
  275         12. Painting.
  276         13. Irrigation systems.
  277         (q) A copy of the certificate of a surveyor and mapper
  278  recorded pursuant to s. 718.104(4)(e) or the recorded instrument
  279  that transfers title to a unit in the condominium which is not
  280  accompanied by a recorded assignment of developer or bulk-unit
  281  purchaser rights in favor of the grantee of such unit, whichever
  282  occurred first.
  283         Section 10. Subsections (1) through (4) of section 718.302,
  284  Florida Statutes, are amended to read:
  285         718.302 Agreements entered into by the association.—
  286         (1) A Any grant or reservation made by a declaration,
  287  lease, or other document, and a any contract made by an
  288  association before prior to assumption of control of the
  289  association by unit owners other than the developer, a bulk-unit
  290  purchaser, or a lender-unit purchaser, which that provides for
  291  operation, maintenance, or management of a condominium
  292  association or property serving the unit owners of a condominium
  293  must shall be fair and reasonable, and such grant, reservation,
  294  or contract may be canceled by unit owners other than the
  295  developer or a bulk-unit purchaser. A lender-unit purchaser may
  296  not vote on cancellation of a grant, reservation, or contract
  297  made by the association while the association is under control
  298  of that lender-unit purchaser.:
  299         (a) If the association operates only one condominium and
  300  the unit owners other than the developer, a bulk-unit purchaser,
  301  or a lender-unit purchaser have assumed control of the
  302  association, or if the unit owners other than the developer, a
  303  bulk-unit purchaser, or a lender-unit purchaser own at least not
  304  less than 75 percent of the voting interests in the condominium,
  305  the cancellation shall be by concurrence of the owners of at
  306  least not less than 75 percent of the voting interests other
  307  than the voting interests owned by the developer, a bulk-unit
  308  purchaser, or a lender-unit purchaser. If a grant, reservation,
  309  or contract is so canceled and the unit owners other than the
  310  developer or a bulk-unit purchaser have not assumed control of
  311  the association, the association shall make a new contract or
  312  otherwise provide for maintenance, management, or operation in
  313  lieu of the canceled obligation, at the direction of the owners
  314  of not less than a majority of the voting interests in the
  315  condominium other than the voting interests owned by the
  316  developer, a bulk-unit purchaser, or a lender-unit purchaser.
  317         (b) If the association operates more than one condominium
  318  and the unit owners other than the developer, a bulk-unit
  319  purchaser, or a lender-unit purchaser have not assumed control
  320  of the association, and if the unit owners other than the
  321  developer or a bulk-unit purchaser own at least 75 percent of
  322  the voting interests in a condominium operated by the
  323  association, any grant, reservation, or contract for
  324  maintenance, management, or operation of buildings containing
  325  the units in that condominium or of improvements used only by
  326  the unit owners of that condominium may be canceled by
  327  concurrence of the owners of at least 75 percent of the voting
  328  interests in the condominium other than the voting interests
  329  owned by the developer or a bulk-unit purchaser. A No grant,
  330  reservation, or contract for maintenance, management, or
  331  operation of recreational areas or any other property serving
  332  more than one condominium, and operated by more than one
  333  association, may not be canceled except pursuant to paragraph
  334  (d).
  335         (c) If the association operates more than one condominium
  336  and the unit owners other than the developer, a bulk-unit
  337  purchaser, or a lender-unit purchaser have assumed control of
  338  the association, the cancellation shall be by concurrence of the
  339  owners of at least not less than 75 percent of the total number
  340  of voting interests in all condominiums operated by the
  341  association other than the voting interests owned by the
  342  developer or a bulk-unit purchaser.
  343         (d) If the owners of units in a condominium have the right
  344  to use property in common with owners of units in other
  345  condominiums and those condominiums are operated by more than
  346  one association, a no grant, reservation, or contract for
  347  maintenance, management, or operation of the property serving
  348  more than one condominium may not be canceled until the unit
  349  owners other than the developer, a bulk-unit purchaser, or a
  350  lender-unit purchaser have assumed control of all of the
  351  associations operating the condominiums that are to be served by
  352  the recreational area or other property, after which
  353  cancellation may be effected by concurrence of the owners of at
  354  least not less than 75 percent of the total number of voting
  355  interests in those condominiums other than voting interests
  356  owned by the developer, a bulk-unit purchaser, or a lender-unit
  357  purchaser.
  358         (2) A Any grant or reservation made by a declaration,
  359  lease, or other document, or a any contract made by the
  360  developer or association before prior to the time when unit
  361  owners other than the developer or a bulk-unit purchaser elect a
  362  majority of the board of administration, which grant,
  363  reservation, or contract requires the association to purchase
  364  condominium property or to lease condominium property to another
  365  party, shall be deemed ratified unless rejected by a majority of
  366  the voting interests of the unit owners other than the developer
  367  or a bulk-unit purchaser within 18 months after the unit owners
  368  other than the developer or a bulk-unit purchaser elect a
  369  majority of the board of administration. A lender-unit purchaser
  370  may not vote on cancellation of a grant, reservation, or
  371  contract made by the association while the association is under
  372  control of that lender-unit purchaser. This subsection does not
  373  apply to a any grant or reservation made by a declaration under
  374  which whereby persons other than the developer or the
  375  developer’s or bulk-unit purchaser’s heirs, assigns, affiliates,
  376  directors, officers, or employees are granted the right to use
  377  the condominium property, if so long as such persons are
  378  obligated to pay at least, at a minimum, a proportionate share
  379  of the cost associated with such property.
  380         (3) A Any grant or reservation made by a declaration,
  381  lease, or other document, and a any contract made by an
  382  association, whether before or after assumption of control of
  383  the association by unit owners other than the developer, a bulk
  384  unit purchaser, or a lender-unit purchaser, which that provides
  385  for operation, maintenance, or management of a condominium
  386  association or property serving the unit owners of a condominium
  387  may shall not be in conflict with the powers and duties of the
  388  association or the rights of the unit owners as provided in this
  389  chapter. This subsection is intended only as a clarification of
  390  existing law.
  391         (4) A Any grant or reservation made by a declaration,
  392  lease, or other document, and a any contract made by an
  393  association before prior to assumption of control of the
  394  association by unit owners other than the developer, a bulk-unit
  395  purchaser, or a lender-unit purchaser, must shall be fair and
  396  reasonable.
  397         Section 11. Subsections (3), (4), and (5) of section
  398  718.303, Florida Statutes, are amended, and subsection (7) is
  399  added to that section, to read:
  400         718.303 Obligations of owners and occupants; remedies.—
  401         (3) The association may levy reasonable fines for the
  402  failure of the owner of the unit or its occupant, licensee, or
  403  invitee to comply with any provision of the declaration, the
  404  association bylaws, or reasonable rules of the association. A
  405  fine may not become a lien against a unit. A fine may be levied
  406  by the board or its authorized designee on the basis of each day
  407  of a continuing violation, with a single notice and opportunity
  408  for hearing before an impartial committee as provided in
  409  paragraph (b). However, the fine may not exceed $100 per
  410  violation, or $1,000 in the aggregate.
  411         (a) An association may suspend, for a reasonable period of
  412  time, the right of a unit owner, or a unit owner’s tenant,
  413  guest, or invitee, to use the common elements, common
  414  facilities, or any other association property for failure to
  415  comply with any provision of the declaration, the association
  416  bylaws, or reasonable rules of the association. This paragraph
  417  does not apply to limited common elements intended to be used
  418  only by that unit, common elements needed to access the unit,
  419  utility services provided to the unit, parking spaces, or
  420  elevators.
  421         (b) A fine or suspension levied by the board of
  422  administration or its authorized designee may not be imposed
  423  unless the board association first provides at least 14 days’
  424  written notice and an opportunity for a hearing to the unit
  425  owner and, if applicable, its occupant, licensee, or invitee.
  426  The hearing must be held before an impartial a committee of
  427  other unit owners who are neither board members, nor persons
  428  residing in a board member’s household, the board’s authorized
  429  designee, nor persons residing in the household of the board’s
  430  authorized designee. The role of the impartial committee is
  431  limited to determining whether to confirm or reject the fine or
  432  suspension levied by the board. If the impartial committee does
  433  not agree, the fine or suspension may not be imposed.
  434         (4) If a unit owner is more than 90 days delinquent in
  435  paying a fee, fine, or other monetary obligation due to the
  436  association, the association may suspend the right of the unit
  437  owner or the unit’s occupant, licensee, or invitee to use common
  438  elements, common facilities, or any other association property
  439  until the fee, fine, or other monetary obligation is paid in
  440  full. This subsection does not apply to limited common elements
  441  intended to be used only by that unit, common elements needed to
  442  access the unit, utility services provided to the unit, parking
  443  spaces, or elevators. The notice and hearing requirements under
  444  subsection (3) do not apply to suspensions imposed under this
  445  subsection.
  446         (5) An association may suspend the voting rights of a unit
  447  or member due to nonpayment of any fee, fine, or other monetary
  448  obligation due to the association which is more than 90 days
  449  delinquent. A voting interest or consent right allocated to a
  450  unit or member which has been suspended by the association shall
  451  be subtracted from may not be counted towards the total number
  452  of voting interests in the association, which shall be reduced
  453  by the number of suspended voting interests when calculating the
  454  total percentage or number of all voting interests available to
  455  take or approve any action, and the suspended voting interests
  456  may not be considered for any purpose, including, but not
  457  limited to, the percentage or number of voting interests
  458  necessary to constitute a quorum, the percentage or number of
  459  voting interests required to conduct an election, or the
  460  percentage or number of voting interests required to approve an
  461  action under this chapter or pursuant to the declaration,
  462  articles of incorporation, or bylaws. The suspension ends upon
  463  full payment of all obligations currently due or overdue the
  464  association. The notice and hearing requirements under
  465  subsection (3) do not apply to a suspension imposed under this
  466  subsection.
  467         (7) The suspensions permitted by paragraph (3)(a) and
  468  subsections (4) and (5) apply to a member and, when appropriate,
  469  the member’s tenants, guests, or invitees, even if the
  470  delinquency or failure that resulted in the suspension arose
  471  from less than all of the multiple units owned by the member.
  472         Section 12. Subsection (1) of section 718.501, Florida
  473  Statutes, is amended to read:
  474         718.501 Authority, responsibility, and duties of Division
  475  of Florida Condominiums, Timeshares, and Mobile Homes.—
  476         (1) The division may enforce and ensure compliance with the
  477  provisions of this chapter and rules relating to the
  478  development, construction, sale, lease, ownership, operation,
  479  and management of residential condominium units. In performing
  480  its duties, the division has complete jurisdiction to
  481  investigate complaints and enforce compliance with respect to
  482  associations that are still under the control of the developer,
  483  the control of a bulk-unit purchaser or lender-unit purchaser,
  484  or the control of a bulk assignee or bulk buyer pursuant to part
  485  VII of this chapter and complaints against developers, bulk-unit
  486  purchasers, lender-unit purchasers, bulk assignees, or bulk
  487  buyers involving improper turnover or failure to turnover,
  488  pursuant to s. 718.301. However, after turnover has occurred,
  489  the division has jurisdiction to investigate only complaints
  490  related only to financial issues, elections, and unit owner
  491  access to association records pursuant to s. 718.111(12).
  492         (a)1. The division may make necessary public or private
  493  investigations within or outside this state to determine whether
  494  any person has violated this chapter or any rule or order
  495  hereunder, to aid in the enforcement of this chapter, or to aid
  496  in the adoption of rules or forms.
  497         2. The division may submit any official written report,
  498  worksheet, or other related paper, or a duly certified copy
  499  thereof, compiled, prepared, drafted, or otherwise made by and
  500  duly authenticated by a financial examiner or analyst to be
  501  admitted as competent evidence in any hearing in which the
  502  financial examiner or analyst is available for cross-examination
  503  and attests under oath that such documents were prepared as a
  504  result of an examination or inspection conducted pursuant to
  505  this chapter.
  506         (b) The division may require or permit any person to file a
  507  statement in writing, under oath or otherwise, as the division
  508  determines, as to the facts and circumstances concerning a
  509  matter to be investigated.
  510         (c) For the purpose of any investigation under this
  511  chapter, the division director or any officer or employee
  512  designated by the division director may administer oaths or
  513  affirmations, subpoena witnesses and compel their attendance,
  514  take evidence, and require the production of any matter that
  515  which is relevant to the investigation, including the existence,
  516  description, nature, custody, condition, and location of any
  517  books, documents, or other tangible things and the identity and
  518  location of persons having knowledge of relevant facts or any
  519  other matter reasonably calculated to lead to the discovery of
  520  material evidence. Upon the failure of by a person to obey a
  521  subpoena or to answer questions propounded by the investigating
  522  officer and upon reasonable notice to all affected persons, the
  523  division may apply to the circuit court for an order compelling
  524  compliance.
  525         (d) Notwithstanding any remedies available to unit owners
  526  and associations, if the division has reasonable cause to
  527  believe that a violation of any provision of this chapter or a
  528  related rule has occurred, the division may institute
  529  enforcement proceedings in its own name against any developer,
  530  bulk-unit purchaser, lender-unit purchaser, bulk assignee, bulk
  531  buyer, association, officer, or member of the board of
  532  administration, or his or her its assignees or agents, as
  533  follows:
  534         1. The division may permit a person whose conduct or
  535  actions may be under investigation to waive formal proceedings
  536  and enter into a consent proceeding under which whereby orders,
  537  rules, or letters of censure or warning, whether formal or
  538  informal, may be entered against the person.
  539         2. The division may issue an order requiring the developer,
  540  bulk-unit purchaser, lender-unit purchaser, bulk assignee, bulk
  541  buyer, association, developer-designated officer, or developer
  542  designated member of the board of administration, or his or her
  543  developer-designated assignees or agents, the bulk assignee
  544  designated assignees or agents, bulk buyer-designated assignees
  545  or agents, community association manager, or the community
  546  association management firm to cease and desist from the
  547  unlawful practice and take such affirmative action as in the
  548  judgment of the division to carry out the purposes of this
  549  chapter. If the division finds that a developer, bulk-unit
  550  purchaser, lender-unit purchaser, bulk assignee, bulk buyer,
  551  association, officer, or member of the board of administration,
  552  or his or her its assignees or agents, is violating or is about
  553  to violate any provision of this chapter, any rule adopted or
  554  order issued by the division, or any written agreement entered
  555  into with the division, and the violation presents an immediate
  556  danger to the public requiring an immediate final order, it may
  557  issue an emergency cease and desist order reciting with
  558  particularity the facts underlying such findings. The emergency
  559  cease and desist order is effective for 90 days. If the division
  560  begins nonemergency cease and desist proceedings, the emergency
  561  cease and desist order remains effective until the conclusion of
  562  the proceedings under ss. 120.569 and 120.57.
  563         3. If a developer, bulk-unit purchaser, lender-unit
  564  purchaser, bulk assignee, or bulk buyer, fails to pay any
  565  restitution determined by the division to be owed and, plus any
  566  accrued interest charged at the highest rate permitted by law,
  567  within 30 days after expiration of any appellate time period of
  568  a final order requiring payment of restitution or the conclusion
  569  of any appeal thereof, whichever is later, the division shall
  570  must bring an action in circuit or county court on behalf of any
  571  association, class of unit owners, lessees, or purchasers for
  572  restitution, declaratory relief, injunctive relief, or any other
  573  available remedy. The division may also temporarily revoke its
  574  acceptance of the filing for the developer, bulk-unit purchaser,
  575  or lender-unit purchaser, to which the restitution relates until
  576  payment of restitution is made.
  577         4. The division may petition the court for appointment of a
  578  receiver or conservator who,. if appointed, the receiver or
  579  conservator may take action to implement the court order to
  580  ensure the performance of the order and to remedy any breach
  581  thereof. In addition to all other means provided by law for the
  582  enforcement of an injunction or temporary restraining order, the
  583  circuit court may impound or sequester the property of a party
  584  defendant, including books, papers, documents, and related
  585  records, and allow the examination and use of the property by
  586  the division and a court-appointed receiver or conservator.
  587         5. The division may apply to the circuit court for an order
  588  of restitution under which whereby the defendant in an action
  589  brought pursuant to subparagraph 4. is ordered to make
  590  restitution of those sums shown by the division to have been
  591  obtained by the defendant in violation of this chapter. At the
  592  option of the court, such restitution is payable to the
  593  conservator or receiver appointed pursuant to subparagraph 4. or
  594  directly to the persons whose funds or assets were obtained in
  595  violation of this chapter.
  596         6. The division may impose a civil penalty against a
  597  developer, bulk-unit purchaser, lender-unit purchaser, bulk
  598  assignee, or bulk buyer, or association, or its assignee or
  599  agent, for a any violation of this chapter or a related rule.
  600  The division may impose a civil penalty individually against an
  601  officer or board member who willfully and knowingly violates a
  602  provision of this chapter, an adopted rule, or a final order of
  603  the division; may order the removal of such individual as an
  604  officer or from the board of administration or as an officer of
  605  the association; and may prohibit such individual from serving
  606  as an officer or on the board of a community association for a
  607  period of time. The term “willfully and knowingly” means that
  608  the division informed the officer or board member that his or
  609  her action or intended action violates this chapter, a rule
  610  adopted under this chapter, or a final order of the division and
  611  that the officer or board member refused to comply with the
  612  requirements of this chapter, a rule adopted under this chapter,
  613  or a final order of the division. The division, Before
  614  initiating formal agency action under chapter 120, the division
  615  must afford the officer or board member an opportunity to
  616  voluntarily comply, and an officer or board member who complies
  617  within 10 days is not subject to a civil penalty. A penalty may
  618  be imposed on the basis of each day of continuing violation, but
  619  the penalty for any offense may not exceed $5,000. By January 1,
  620  1998, The division shall adopt, by rule, penalty guidelines
  621  applicable to possible violations or to categories of violations
  622  of this chapter or rules adopted by the division. The guidelines
  623  must specify a meaningful range of civil penalties for each such
  624  violation of the statute and rules and must be based upon the
  625  harm caused by the violation, the repetition of the violation,
  626  and upon such other factors deemed relevant by the division. For
  627  example, The division may consider whether the violations were
  628  committed by a developer, bulk-unit purchaser, lender-unit
  629  purchaser, bulk assignee, or bulk buyer, or owner-controlled
  630  association, the size of the association, and other factors. The
  631  guidelines must designate the possible mitigating or aggravating
  632  circumstances that justify a departure from the range of
  633  penalties provided by the rules. It is the legislative intent
  634  that minor violations be distinguished from those that which
  635  endanger the health, safety, or welfare of the condominium
  636  residents or other persons and that such guidelines provide
  637  reasonable and meaningful notice to the public of likely
  638  penalties that may be imposed for proscribed conduct. This
  639  subsection does not limit the ability of the division to
  640  informally dispose of administrative actions or complaints by
  641  stipulation, agreed settlement, or consent order. All amounts
  642  collected shall be deposited with the Chief Financial Officer to
  643  the credit of the Division of Florida Condominiums, Timeshares,
  644  and Mobile Homes Trust Fund. If a developer, bulk-unit
  645  purchaser, lender-unit purchaser, bulk assignee, or bulk buyer
  646  fails to pay the civil penalty and the amount deemed to be owed
  647  to the association, the division shall issue an order directing
  648  that such developer, bulk-unit purchaser, lender-unit purchaser,
  649  bulk assignee, or bulk buyer cease and desist from further
  650  operation until such time as the civil penalty is paid or may
  651  pursue enforcement of the penalty in a court of competent
  652  jurisdiction. If an association fails to pay the civil penalty,
  653  the division shall pursue enforcement in a court of competent
  654  jurisdiction, and the order imposing the civil penalty or the
  655  cease and desist order is not effective until 20 days after the
  656  date of such order. Any action commenced by the division shall
  657  be brought in the county in which the division has its executive
  658  offices or in the county where the violation occurred.
  659         7. If a unit owner presents the division with proof that
  660  the unit owner has requested access to official records in
  661  writing by certified mail, and that after 10 days the unit owner
  662  again made the same request for access to official records in
  663  writing by certified mail, and that more than 10 days has
  664  elapsed since the second request and the association has still
  665  failed or refused to provide access to official records as
  666  required by this chapter, the division shall issue a subpoena
  667  requiring production of the requested records where the records
  668  are kept pursuant to s. 718.112.
  669         8. In addition to subparagraph 6., the division may seek
  670  the imposition of a civil penalty through the circuit court for
  671  any violation for which the division may issue a notice to show
  672  cause under paragraph (r). The civil penalty shall be at least
  673  $500 but no more than $5,000 for each violation. The court may
  674  also award to the prevailing party court costs and reasonable
  675  attorney attorney’s fees and, if the division prevails, may also
  676  award reasonable costs of investigation.
  677         (e) The division may prepare and disseminate a prospectus
  678  and other information to assist prospective owners, purchasers,
  679  lessees, and developers of residential condominiums in assessing
  680  the rights, privileges, and duties pertaining thereto.
  681         (f) The division may adopt rules to administer and enforce
  682  the provisions of this chapter.
  683         (g) The division shall establish procedures for providing
  684  notice to an association and the developer, bulk-unit purchaser,
  685  lender-unit purchaser, bulk assignee, or bulk buyer during the
  686  period in which the developer, bulk-unit purchaser, lender-unit
  687  purchaser, bulk assignee, or bulk buyer controls the association
  688  if the division is considering the issuance of a declaratory
  689  statement with respect to the declaration of condominium or any
  690  related document governing such condominium community.
  691         (h) The division shall furnish each association that pays
  692  the fees required by paragraph (2)(a) a copy of this chapter, as
  693  amended, and the rules adopted thereto on an annual basis.
  694         (i) The division shall annually provide each association
  695  with a summary of declaratory statements and formal legal
  696  opinions relating to the operations of condominiums which were
  697  rendered by the division during the previous year.
  698         (j) The division shall provide training and educational
  699  programs for condominium association board members and unit
  700  owners. The training may, at in the division’s discretion,
  701  include web-based electronic media, and live training and
  702  seminars in various locations throughout the state. The division
  703  may review and approve education and training programs for board
  704  members and unit owners offered by providers, and shall maintain
  705  a current list of approved programs and providers, and shall
  706  make such list available to board members and unit owners in a
  707  reasonable and cost-effective manner.
  708         (k) The division shall maintain a toll-free telephone
  709  number accessible to condominium unit owners.
  710         (l) The division shall develop a program to certify both
  711  volunteer and paid mediators to provide mediation of condominium
  712  disputes. Upon request, the division shall provide, upon
  713  request, a list of such mediators to any association, unit
  714  owner, or other participant in arbitration proceedings under s.
  715  718.1255 requesting a copy of the list. The division shall
  716  include on the list of volunteer mediators only the names of
  717  individuals persons who have received at least 20 hours of
  718  training in mediation techniques or who have mediated at least
  719  20 disputes. In order to become initially certified by the
  720  division, paid mediators must be certified by the Supreme Court
  721  to mediate court cases in county or circuit courts. However, the
  722  division may adopt, by rule, additional factors for the
  723  certification of paid mediators, which must be related to
  724  experience, education, or background. In order to continue to be
  725  certified, an individual Any person initially certified as a
  726  paid mediator by the division must, in order to continue to be
  727  certified, comply with the factors or requirements adopted by
  728  rule.
  729         (m) If a complaint is made, the division shall must conduct
  730  its inquiry with due regard for the interests of the affected
  731  parties. Within 30 days after receipt of a complaint, the
  732  division shall acknowledge the complaint in writing and notify
  733  the complainant as to whether the complaint is within the
  734  jurisdiction of the division and whether additional information
  735  is needed by the division from the complainant. The division
  736  shall conduct its investigation and, within 90 days after
  737  receipt of the original complaint or of timely requested
  738  additional information, take action upon the complaint. However,
  739  the failure to complete the investigation within 90 days does
  740  not prevent the division from continuing the investigation,
  741  accepting or considering evidence obtained or received after 90
  742  days, or taking administrative action if reasonable cause exists
  743  to believe that a violation of this chapter or a rule has
  744  occurred. If an investigation is not completed within the time
  745  limits established in this paragraph, the division shall, on a
  746  monthly basis, notify the complainant in writing of the status
  747  of the investigation. When reporting its action to the
  748  complainant, the division shall inform the complainant of any
  749  right to a hearing pursuant to ss. 120.569 and 120.57.
  750         (n) Condominium association directors, officers, and
  751  employees; condominium developers; bulk-unit purchasers, lender
  752  unit purchasers, bulk assignees, bulk buyers, and community
  753  association managers; and community association management firms
  754  have an ongoing duty to reasonably cooperate with the division
  755  in any investigation pursuant to this section. The division
  756  shall refer to local law enforcement authorities any person who
  757  whom the division believes has altered, destroyed, concealed, or
  758  removed any record, document, or thing required to be kept or
  759  maintained by this chapter with the purpose to impair its verity
  760  or availability in the department’s investigation.
  761         (o) The division may:
  762         1. Contract with agencies in this state or other
  763  jurisdictions to perform investigative functions; or
  764         2. Accept grants-in-aid from any source.
  765         (p) The division shall cooperate with similar agencies in
  766  other jurisdictions to establish uniform filing procedures and
  767  forms, public offering statements, advertising standards, and
  768  rules and common administrative practices.
  769         (q) The division shall consider notice to a developer,
  770  bulk-unit purchaser, lender-unit purchaser, bulk assignee, or
  771  bulk buyer to be complete when it is delivered to the address of
  772  the developer, bulk-unit purchaser, lender-unit purchaser, bulk
  773  assignee, or bulk buyer currently on file with the division.
  774         (r) In addition to its enforcement authority, the division
  775  may issue a notice to show cause, which must provide for a
  776  hearing, upon written request, in accordance with chapter 120.
  777         (s) The division shall submit to the Governor, the
  778  President of the Senate, the Speaker of the House of
  779  Representatives, and the chairs of the legislative
  780  appropriations committees an annual report that includes, but
  781  need not be limited to, the number of training programs provided
  782  for condominium association board members and unit owners;, the
  783  number of complaints received, by type;, the number and percent
  784  of complaints acknowledged in writing within 30 days and the
  785  number and percent of investigations acted upon within 90 days
  786  in accordance with paragraph (m);, and the number of
  787  investigations exceeding the 90-day requirement. The annual
  788  report must also include an evaluation of the division’s core
  789  business processes and make recommendations for improvements,
  790  including statutory changes. The report shall be submitted by
  791  September 30 following the end of the fiscal year.
  792         Section 13. Section 718.709, Florida Statutes, is created
  793  to read:
  794         718.709 Applicability.—Sections 718.701-718.708, relating
  795  to the Distressed Condominium Relief Act, apply to title to
  796  units acquired on or after July 1, 2010, but before July 1,
  797  2016.
  798         Section 14. Part VIII of chapter 718, Florida Statutes,
  799  consisting of sections 718.801-718.813, is created to read:
  800                              PART VIII                            
  801           BULK-UNIT PURCHASERS AND LENDER-UNIT PURCHASERS         
  802         718.801 Legislative intent.—The Legislature declares that
  803  it is the public policy of this state to protect the interests
  804  of developers, lenders, unit owners, and condominium
  805  associations with regard to bulk-unit purchasers or lender-unit
  806  purchasers of condominium units and that there is a need to
  807  balance such interests by limiting the applicability of the
  808  Distressed Condominium Relief Act. Notwithstanding the
  809  limitation, the Distressed Condominium Relief Act applies to
  810  title acquired on or after July 1, 2010, but before July 1,
  811  2016.
  812         718.802 Definitions.—As used in this part, the term:
  813         (1) “Bulk assignee” means a person who is not a bulk buyer
  814  and who:
  815         (a) Acquires more than seven condominium parcels in a
  816  single condominium;
  817         (b) Receives an assignment of any of the developer rights,
  818  other than or in addition to those rights described in
  819  subsection (3), as set forth in the declaration of condominium
  820  or this chapter:
  821         1. By a written instrument recorded as part of or as an
  822  exhibit of the deed;
  823         2. By a separate instrument recorded in the public records
  824  of the county in which the condominium is located; or
  825         3. Pursuant to a final judgment or certificate of title
  826  issued in favor of a purchaser at a foreclosure sale; and
  827         (c) Acquired condominium parcels on or after July 1, 2010,
  828  but before July 1, 2016. The date of such acquisition shall be
  829  determined by the date of recording a deed or other instrument
  830  of conveyance for such parcels in the public records of the
  831  county in which the condominium is located, or by the date of
  832  issuing a certificate of title in a foreclosure proceeding with
  833  respect to such condominium parcels.
  834  
  835  A mortgagee or its assignee may not be deemed a bulk assignee or
  836  developer by reason of the acquisition of condominium units and
  837  receipt of an assignment of some or all of a developer’s rights
  838  unless the mortgage or its assignee exercises any of the
  839  developer rights other than those described in subsection (3).
  840         (2)“Bulk-unit purchaser” means a person who acquires title
  841  to the greater of at least eight units or 20 percent of the
  842  units that ultimately will be operated by the same association,
  843  as provided in the declaration, articles of incorporation, or
  844  bylaws as originally recorded. Multiple bulk-unit purchasers may
  845  be members of an association simultaneously or successively.
  846  There may be one or more bulk-unit purchasers while the
  847  developer still owns units operated by the association. A person
  848  who acquires title to units or timeshare interests in a
  849  condominium, which units or timeshare interests are or
  850  ultimately will be included in a timeshare plan governed by
  851  chapter 721, may elect to be a bulk-unit purchaser pursuant to
  852  s. 718.813. The term does not include a lender-unit purchaser.
  853  Further, the term does not include an acquirer of units if any
  854  transfer of title to the acquirer is made:
  855         (a) With intent to defraud or materially harm a purchaser,
  856  a unit owner, or the association;
  857         (b) Where the acquirer is a person or limited liability
  858  company that would be an insider, as defined in s. 726.102, of
  859  the bulk-unit purchaser or of the developer; or
  860         (c) As a fraudulent transfer under chapter 726.
  861         (3) “Bulk buyer” means a person who acquired condominium
  862  parcels on or after July 1, 2010, but before July 1, 2016, and
  863  the date of acquisition shall be determined in the same manner
  864  as in subsection (1). Further, the term means a person who
  865  acquires more than seven condominium parcels in a single
  866  condominium but who does not receive an assignment of any
  867  developer rights or receives only some or all of the following
  868  rights:
  869         (a) The right to conduct sales, leasing, and marketing
  870  activities within the condominium.
  871         (b) The right to be exempt from the payment of working
  872  capital contributions to the condominium association arising out
  873  of, or in connection with, the bulk buyer’s acquisition of the
  874  units.
  875         (c) The right to be exempt from any rights of first refusal
  876  which may be held by the condominium association and would
  877  otherwise be applicable to subsequent transfers of title from
  878  the bulk buyer to a third-party purchaser concerning one or more
  879  units.
  880         (4) “Lender-unit purchaser” means a person, or the person’s
  881  successors, assigns, or wholly owned subsidiaries, who holds a
  882  mortgage from a developer or from a bulk-unit purchaser on the
  883  greater of at least eight units or 20 percent of the units that,
  884  as provided in the declaration, articles of incorporation, or
  885  bylaws as originally recorded, ultimately will be operated by
  886  the same association; who subsequently obtains title to such
  887  units through foreclosure or deed in lieu of foreclosure; and
  888  who makes the election to become a lender-unit purchaser
  889  pursuant to 718.808(4). However, a mortgagee or its wholly owned
  890  subsidiary that acquires and sells units to one or more bulk
  891  unit purchasers is not a developer or a lender-unit purchaser
  892  with respect to the sale.
  893         718.803 Exercise of rights.—
  894         (1) A bulk-unit purchaser may exercise only the following
  895  developer rights, provided such rights are contained in the
  896  declaration:
  897         (a) The right to conduct sales, leasing, and marketing
  898  activities within the condominium, including the use of the
  899  sales and leasing office.
  900         (b) The right to assign limited common elements and use
  901  rights to common elements and association property which were
  902  not assigned before the bulk-unit purchaser acquired title to
  903  the units. Such rights may include, without limitation, the
  904  rights to garages, parking spaces, storage areas, and cabanas.
  905  If there is more than one bulk-unit purchaser, this right must
  906  be established in a written assignment from the developer which
  907  specifies the bulk-unit purchaser who has such a right as to
  908  specified limited common elements, common elements, and
  909  association property.
  910         (c) For a phase condominium, the right to add phases.
  911         (2) If the initial purchaser of a unit from the developer
  912  is required to make a working capital contribution to the
  913  association, a bulk-unit purchaser shall pay a working capital
  914  contribution to the association, which must be calculated in the
  915  same manner for each unit acquired, upon the earlier of:
  916         (a) Sale of a unit by the bulk-unit purchaser to a third
  917  party other than the bulk-unit purchaser; or
  918         (b) Five years from the date of acquisition of title to a
  919  unit by the bulk-unit purchaser.
  920         (3) If a bulk-unit purchaser exercises developer rights
  921  other than those specified in subsection (1), he or she is no
  922  longer deemed to be a bulk-unit purchaser, and this part does
  923  not apply to such person.
  924         (4) Except as set forth in this part, a lender-unit
  925  purchaser may exercise any developer rights that the lender-unit
  926  purchaser acquires.
  927         718.804 Compliance.—A bulk-unit purchaser and a lender-unit
  928  purchaser shall comply with all applicable requirements of s.
  929  718.202 and part V of this chapter in connection with any units
  930  that they own or sell.
  931         718.805 Voting rights.—
  932         (1) For the first 2 fiscal years following the first
  933  conveyance of a unit to a bulk-unit purchaser or lender-unit
  934  purchaser, the bulk-unit purchaser or lender-unit purchaser may
  935  vote the voting interests allocated to his or her units to waive
  936  reserves or reduce the funding of reserves. After these 2 fiscal
  937  years, the bulk-unit purchaser or lender-unit purchaser may not
  938  vote his or her voting interests to waive reserves or reduce the
  939  funding of reserves until the bulk-unit purchaser or lender-unit
  940  purchaser holds less than a majority of the voting interests in
  941  the association.
  942         (2) A bulk-unit purchaser or lender-unit purchaser may not
  943  transfer his or her right to vote to waive reserves or reduce
  944  the funding of reserves to other bulk-unit purchasers or lender
  945  unit purchasers to extend the time period in subsection (1).
  946         718.806 Assessment liability; election of directors.—
  947         (1) BULK-UNIT PURCHASER ASSESSMENT LIABILITY.—A bulk-unit
  948  purchaser is liable for all assessments on his or her units
  949  which become due while the bulk-unit purchaser holds title to
  950  such units. Additionally, the bulk-unit purchaser is jointly and
  951  severally liable with the previous owner for all unpaid regular
  952  periodic assessments and special assessments that became due
  953  before the acquisition of title, for all other monetary
  954  obligations accrued which are secured by the association’s lien,
  955  and for all costs advanced by the association for the
  956  maintenance and repair of the units acquired by the bulk-unit
  957  purchaser.
  958         (2) LENDER-UNIT PURCHASER ASSESSMENT LIABILITY.—The
  959  liability of a lender-unit purchaser or his or her successors or
  960  assignees for the units that the lender-unit purchaser owns is
  961  limited to the lesser of:
  962         (a) The units’ unpaid common expenses and the regular
  963  periodic assessments that accrued or became due during the 12
  964  months immediately preceding the lender-unit purchaser’s
  965  acquisition of title and for which payment in full has not been
  966  received by the association; or
  967         (b) One percent of the original mortgage debt.
  968  
  969  The lender-unit purchaser acquiring title must comply with s.
  970  718.116(1)(c).
  971         (3) DIRECTOR ELECTED BY BULK-UNIT PURCHASER.—A director who
  972  has been elected or appointed by a bulk-unit purchaser is
  973  automatically suspended from board service for 30 days following
  974  the failure of the bulk-unit purchaser to timely pay monetary
  975  obligations on a unit the bulk-unit purchaser owns. The
  976  remaining directors may temporarily fill the vacancy created by
  977  the suspension. Once the bulk-unit purchaser has cured all
  978  outstanding delinquencies on the unit, the suspended director
  979  shall replace the temporary appointee and resume service on the
  980  board for the unexpired term.
  981         718.807 Amendments and material alterations.—
  982         (1) The following amendments or alterations may not go into
  983  effect unless approved by a majority vote of unit owners other
  984  than the developer, a bulk-unit purchaser, or a lender-unit
  985  purchaser:
  986         (a) An amendment described in s. 718.110(4) or (8).
  987         (b) An amendment creating, changing, or terminating leasing
  988  restrictions.
  989         (c) An amendment of the declaration pertaining to the
  990  condominium’s status as housing for older persons.
  991         (d) An amendment pursuant to s. 718.110(14) or an amendment
  992  that otherwise reclassifies a portion of the common elements as
  993  a limited common element or that authorizes the association to
  994  change the limited common elements assigned to any unit.
  995         (e) Material alterations or substantial additions to the
  996  common elements or association property any time one of the
  997  following owns a percentage of voting interests equal to or
  998  greater than the percentage required to approve the amendment:
  999         1. A bulk-unit purchaser;
 1000         2. A lender-unit purchaser;
 1001         3. The developer and a bulk-unit purchaser;
 1002         4. The developer and a lender-unit purchaser; or
 1003         5. A bulk-unit purchaser and a lender-unit purchaser.
 1004         (2) Notwithstanding subsection (1), consent of the
 1005  developer, a bulk-unit purchaser, or a lender-unit purchaser is
 1006  required for an amendment that would otherwise require the
 1007  approval of such voting interests based upon the requirements of
 1008  the declaration, articles of incorporation, or bylaws or s.
 1009  718.110 or s. 718.113.
 1010         718.808 Warranties and disclosures.—
 1011         (1) As the seller, a bulk-unit purchaser or lender-unit
 1012  purchaser is deemed to have granted an implied warranty of
 1013  fitness and merchantability to a purchaser of each unit sold for
 1014  a period of 3 years, which begins on the date of the completion
 1015  of repairs or improvements that the bulk-unit purchaser or
 1016  lender-unit purchaser makes to the unit, common elements, or
 1017  limited common elements. The bulk-unit purchaser or lender-unit
 1018  purchaser is not deemed to have granted a warranty on
 1019  improvements, repairs, or alterations to the condominium which
 1020  he or she did not undertake.
 1021         (2) The statute of limitations in s. 718.203 is tolled
 1022  while the bulk-unit purchaser begins the process of appointing
 1023  or electing a majority of the board of administration.
 1024         (3) As the seller, the bulk-unit purchaser shall include
 1025  the following disclosure to purchasers in conspicuous type on
 1026  the first page of the sales contract:
 1027  
 1028  SELLER IS A BULK-UNIT PURCHASER UNDER THE CONDOMINIUM ACT.
 1029  SELLER IS NOT THE DEVELOPER OF THE CONDOMINIUM FOR ANY PURPOSE
 1030  UNDER THE CONDOMINIUM ACT.
 1031  
 1032         (4) A mortgagee who acquires units may elect to become a
 1033  lender-unit purchaser by providing written notice of the
 1034  election to the association addressed to the registered agent at
 1035  the address specified in the records of the Department of State.
 1036  The notice shall be delivered within the time period ending upon
 1037  the earliest of:
 1038         (a) The date on which the mortgagee exercises any developer
 1039  rights other than the developer rights described in s.
 1040  718.803(1)(a);
 1041         (b) Before the sale of a unit by the mortgagee; or
 1042         (c) One hundred eighty days after the recording of the
 1043  certificate of title or of the deed in lieu of foreclosure if
 1044  the mortgagee acquired the units by foreclosure or by deed in
 1045  lieu of foreclosure.
 1046         (5) As the seller, the lender-unit purchaser shall include
 1047  the following disclosure to purchasers in conspicuous type on
 1048  the first page of the sales contract:
 1049  
 1050  SELLER IS A LENDER-UNIT PURCHASER UNDER THE CONDOMINIUM ACT.
 1051  SELLER IS NOT THE DEVELOPER OF THE CONDOMINIUM FOR ANY PURPOSE
 1052  UNDER THE CONDOMINIUM ACT. SELLER TOOK TITLE TO THE UNIT(S)
 1053  BEING SOLD TO PURCHASER BY FORECLOSURE OR DEED IN LIEU OF
 1054  FORECLOSURE.
 1055  
 1056         (6)(a) At or before the signing of a contract to sell a
 1057  unit, the bulk-unit purchaser and the lender-unit purchaser must
 1058  provide a condition report that complies with s. 718.616(2) and
 1059  (3) and this section to the prospective purchaser and must
 1060  obtain verification of delivery of such condition report. A
 1061  condition report is not required in connection with a sale to a
 1062  bulk-unit purchaser or in connection with a deed in lieu of
 1063  foreclosure to a lender-unit purchaser. A mortgagee is not
 1064  required to deliver to a bulk-unit purchaser a condition report
 1065  even if the mortgagee acquires and transfers developer rights to
 1066  such bulk-unit purchaser.
 1067         (b) The condition report must include a reasonably detailed
 1068  description of the repairs or replacements necessary to cure
 1069  defective construction identified in the condition report.
 1070         (c) If, during the course of preparing the condition
 1071  report, the architect or engineer becomes aware of a component
 1072  that violates an applicable building code or federal or state
 1073  law or that deviates from the building plans approved by the
 1074  permitting authority, the architect or engineer shall disclose
 1075  such information in the condition report. The architect or
 1076  engineer shall make written inquiry to the applicable local
 1077  government authority of any building code violations and shall
 1078  include in the condition report any of the authority’s responses
 1079  or its failure to respond.
 1080         (d) The condition report shall be prepared before the bulk
 1081  unit purchaser or the lender-unit purchaser enters into his or
 1082  her first sales contract, but the condition report may not be
 1083  prepared more than 6 months before the first sales contract is
 1084  agreed upon. If the bulk-unit purchaser or lender-unit purchaser
 1085  remains engaged in selling units, the condition report shall be
 1086  updated no later than 1 year after the closing of the first
 1087  sales contract and each year thereafter.
 1088         (e) If a bulk-unit purchaser or lender-unit purchaser fails
 1089  to provide the condition report in accordance with this section,
 1090  the bulk-unit purchaser or lender-unit purchaser is deemed to
 1091  grant implied warranties of fitness and merchantability which
 1092  are not limited to the construction, improvements, or repairs
 1093  that he or she undertakes to the units, common elements, or
 1094  limited common elements.
 1095         718.809 Joint and several liability.—For purposes of this
 1096  chapter, if there are multiple bulk-unit purchasers within the
 1097  same association, the units owned by the multiple bulk-unit
 1098  purchasers and the rights of the bulk-unit purchasers shall be
 1099  aggregated as if there were only one bulk-unit purchaser. Each
 1100  bulk-unit purchaser is jointly and severally liable with his or
 1101  her predecessor bulk-unit purchasers for compliance with this
 1102  chapter.
 1103         718.810 Construction disputes.—A board of administration
 1104  composed of a majority of directors elected or appointed by a
 1105  bulk-unit purchaser may not resolve a construction dispute that
 1106  is subject to chapter 558 unless such resolution is approved by
 1107  a majority of the voting interests of the unit owners other than
 1108  the developer and a bulk-unit purchaser.
 1109         718.811 Noncompliance.—A bulk-unit purchaser or a lender
 1110  unit purchaser who fails to substantially comply with the
 1111  requirements of this chapter pertaining to the obligations and
 1112  rights of bulk-unit purchasers and lender-unit purchasers
 1113  forfeits all protections or exemptions provided under the
 1114  Condominium Act.
 1115         718.812 Documents to be delivered upon turnover.—If a bulk
 1116  unit purchaser elects a majority of the board of administration
 1117  and the unit owners other than the bulk-unit purchaser elect a
 1118  majority, the bulk-unit purchaser must deliver all of the items
 1119  specified in s. 718.301(4) to the association. However, the
 1120  bulk-unit purchaser is not required to deliver items that were
 1121  never in the possession of the bulk-unit purchaser. In
 1122  conjunction with the acquisition of units, the bulk-unit
 1123  purchaser shall undertake a good faith effort to obtain the
 1124  items specified in s. 718.301(4) which must be delivered to the
 1125  association. If the bulk-unit purchaser cannot obtain such
 1126  items, the bulk-unit purchaser must deliver a certificate in
 1127  writing to the association which names or describes items that
 1128  were not obtainable by the bulk-unit purchaser and which
 1129  describes the good faith efforts that were undertaken to obtain
 1130  the items. Delivery of the certificate relieves the bulk-unit
 1131  purchaser of his or her responsibility under s. 718.301 to
 1132  deliver the documents and materials referenced in the
 1133  certificate. The responsibility of the bulk-unit purchaser to
 1134  conduct the audit required by s. 718.301(4)(c) begins on the
 1135  date the bulk-unit purchaser elects or appoints a majority of
 1136  the members of the board of administration and ends on the date
 1137  the bulk-unit purchaser no longer controls the board.
 1138         718.813 Timeshare Condominiums.—With respect to the
 1139  acquisition of title to units or timeshare interests in a
 1140  condominium, which units or timeshare interests are or
 1141  ultimately will be included in a timeshare plan governed by
 1142  chapter 721:
 1143         (1)Any person otherwise qualified to be a bulk-unit
 1144  purchaser pursuant to s. 718.802 is not a bulk-unit purchaser
 1145  unless that person makes an election to become a bulk-unit
 1146  purchaser by providing notice to the association addressed to
 1147  the registered agent at the address specified in the records of
 1148  the Department of State. The notice shall be delivered within
 1149  the time period ending upon the earliest of:
 1150         (a)The date on which the person exercises any developer
 1151  rights other than the developer rights described in s.
 1152  718.803(1)(a);
 1153         (b)The sale of any unit or timeshare interest by the
 1154  person; or
 1155         (c)One hundred eighty days after the recording of the deed
 1156  or other instrument of conveyance by which the person acquired
 1157  the units or timeshare interests.
 1158         (2)If a person has made an election to be a bulk-unit
 1159  purchaser pursuant to subsection (1), the bulk-unit purchaser,
 1160  when selling units or timeshare interests, shall include the
 1161  following disclosure to purchasers in conspicuous type on the
 1162  first page of the contract for sale of units or timeshare
 1163  interests:
 1164         SELLER IS A BULK-UNIT PURCHASER UNDER THE CONDOMINIUM ACT.
 1165  SELLER IS NOT THE DEVELOPER OF THE CONDOMINIUM FOR ANY PURPOSE
 1166  UNDER THE CONDOMINIUM.
 1167         Section 15. Paragraph (a) of subsection (2) of section
 1168  719.104, Florida Statutes, is amended to read:
 1169         719.104 Cooperatives; access to units; records; financial
 1170  reports; assessments; purchase of leases.—
 1171         (2) OFFICIAL RECORDS.—
 1172         (a) From the inception of the association, the association
 1173  shall maintain a copy of each of the following, where
 1174  applicable, which shall constitute the official records of the
 1175  association:
 1176         1. The plans, permits, warranties, and other items provided
 1177  by the developer pursuant to s. 719.301(4).
 1178         2. A photocopy of the cooperative documents.
 1179         3. A copy of the current rules of the association.
 1180         4. A book or books containing the minutes of all meetings
 1181  of the association, of the board of directors, and of the unit
 1182  owners, which minutes shall be retained for a period of not less
 1183  than 7 years.
 1184         5. A current roster of all unit owners and their mailing
 1185  addresses, unit identifications, voting certifications, and, if
 1186  known, telephone numbers. The association shall also maintain
 1187  the electronic mailing addresses and the numbers designated by
 1188  unit owners for receiving notice sent by electronic transmission
 1189  of those unit owners consenting to receive notice by electronic
 1190  transmission. The electronic mailing addresses and numbers
 1191  provided by unit owners to receive notice by electronic
 1192  transmission shall be removed from association records when
 1193  consent to receive notice by electronic transmission is revoked.
 1194  However, the association is not liable for an erroneous
 1195  disclosure of the electronic mail address or the number for
 1196  receiving electronic transmission of notices.
 1197         6. All current insurance policies of the association.
 1198         7. A current copy of any management agreement, lease, or
 1199  other contract to which the association is a party or under
 1200  which the association or the unit owners have an obligation or
 1201  responsibility.
 1202         8. Bills of sale or transfer for all property owned by the
 1203  association.
 1204         9. Accounting records for the association and separate
 1205  accounting records for each unit it operates, according to good
 1206  accounting practices. All accounting records shall be maintained
 1207  for a period of not less than 7 years. The accounting records
 1208  shall include, but not be limited to:
 1209         a. Accurate, itemized, and detailed records of all receipts
 1210  and expenditures.
 1211         b. A current account and a monthly, bimonthly, or quarterly
 1212  statement of the account for each unit designating the name of
 1213  the unit owner, the due date and amount of each assessment, the
 1214  amount paid upon the account, and the balance due.
 1215         c. All audits, reviews, accounting statements, and
 1216  financial reports of the association.
 1217         d. All contracts for work to be performed. Bids for work to
 1218  be performed shall also be considered official records and shall
 1219  be maintained for a period of 1 year.
 1220         10. Ballots, sign-in sheets, voting proxies, and all other
 1221  papers relating to voting by unit owners, which shall be
 1222  maintained for a period of 1 year after the date of the
 1223  election, vote, or meeting to which the document relates.
 1224         11. All rental records where the association is acting as
 1225  agent for the rental of units.
 1226         12. A copy of the current question and answer sheet as
 1227  described in s. 719.504.
 1228         13. All other written records of the association not
 1229  specifically included in the foregoing which are related to the
 1230  operation of the association.
 1231         Section 16. Paragraphs (c) and (d) of subsection (1) of
 1232  section 719.106, Florida Statutes, are amended to read:
 1233         719.106 Bylaws; cooperative ownership.—
 1234         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1235  documents shall provide for the following, and if they do not,
 1236  they shall be deemed to include the following:
 1237         (c) Board of administration meetings.—Meetings of the board
 1238  of administration at which a quorum of the members is present
 1239  shall be open to all unit owners. Any unit owner may tape record
 1240  or videotape meetings of the board of administration; however, a
 1241  unit owner may not post the recordings on any website or other
 1242  media that can readily be viewed by persons who are not members
 1243  of the association. The right to attend such meetings includes
 1244  the right to speak at such meetings with reference to all
 1245  designated agenda items. The division shall adopt reasonable
 1246  rules governing the tape recording and videotaping of the
 1247  meeting. The association may adopt reasonable written rules
 1248  governing the frequency, duration, and manner of unit owner
 1249  statements. Adequate notice of all meetings shall be posted in a
 1250  conspicuous place upon the cooperative property at least 48
 1251  continuous hours preceding the meeting, except in an emergency.
 1252  Any item not included on the notice may be taken up on an
 1253  emergency basis by at least a majority plus one of the members
 1254  of the board. Such emergency action shall be noticed and
 1255  ratified at the next regular meeting of the board. However,
 1256  written notice of any meeting at which nonemergency special
 1257  assessments, or at which amendment to rules regarding unit use,
 1258  will be considered shall be mailed, delivered, or electronically
 1259  transmitted to the unit owners and posted conspicuously on the
 1260  cooperative property not less than 14 days before the meeting.
 1261  Evidence of compliance with this 14-day notice shall be made by
 1262  an affidavit executed by the person providing the notice and
 1263  filed among the official records of the association. Upon notice
 1264  to the unit owners, the board shall by duly adopted rule
 1265  designate a specific location on the cooperative property upon
 1266  which all notices of board meetings shall be posted. In lieu of
 1267  or in addition to the physical posting of notice of any meeting
 1268  of the board of administration on the cooperative property, the
 1269  association may, by reasonable rule, adopt a procedure for
 1270  conspicuously posting and repeatedly broadcasting the notice and
 1271  the agenda on a closed-circuit cable television system serving
 1272  the cooperative association. However, if broadcast notice is
 1273  used in lieu of a notice posted physically on the cooperative
 1274  property, the notice and agenda must be broadcast at least four
 1275  times every broadcast hour of each day that a posted notice is
 1276  otherwise required under this section. When broadcast notice is
 1277  provided, the notice and agenda must be broadcast in a manner
 1278  and for a sufficient continuous length of time so as to allow an
 1279  average reader to observe the notice and read and comprehend the
 1280  entire content of the notice and the agenda. Notice of any
 1281  meeting in which regular assessments against unit owners are to
 1282  be considered for any reason shall specifically contain a
 1283  statement that assessments will be considered and the nature of
 1284  any such assessments. Meetings of a committee to take final
 1285  action on behalf of the board or to make recommendations to the
 1286  board regarding the association budget are subject to the
 1287  provisions of this paragraph. Meetings of a committee that does
 1288  not take final action on behalf of the board or make
 1289  recommendations to the board regarding the association budget
 1290  are subject to the provisions of this section, unless those
 1291  meetings are exempted from this section by the bylaws of the
 1292  association. Notwithstanding any other law to the contrary, the
 1293  requirement that board meetings and committee meetings be open
 1294  to the unit owners does not apply to board or committee meetings
 1295  held for the purpose of discussing personnel matters or meetings
 1296  between the board or a committee and the association’s attorney,
 1297  with respect to proposed or pending litigation, if the meeting
 1298  is held for the purpose of seeking or rendering legal advice.
 1299         (d) Shareholder meetings.—There shall be an annual meeting
 1300  of the shareholders. All members of the board of administration
 1301  shall be elected at the annual meeting unless the bylaws provide
 1302  for staggered election terms or for their election at another
 1303  meeting. Any unit owner desiring to be a candidate for board
 1304  membership must comply with subparagraph 1. The bylaws must
 1305  provide the method for calling meetings, including annual
 1306  meetings. Written notice, which must incorporate an
 1307  identification of agenda items, shall be given to each unit
 1308  owner at least 14 days before the annual meeting and posted in a
 1309  conspicuous place on the cooperative property at least 14
 1310  continuous days preceding the annual meeting. Upon notice to the
 1311  unit owners, the board must by duly adopted rule designate a
 1312  specific location on the cooperative property upon which all
 1313  notice of unit owner meetings are posted. In lieu of or in
 1314  addition to the physical posting of the meeting notice, the
 1315  association may, by reasonable rule, adopt a procedure for
 1316  conspicuously posting and repeatedly broadcasting the notice and
 1317  the agenda on a closed-circuit cable television system serving
 1318  the cooperative association. However, if broadcast notice is
 1319  used in lieu of a posted notice, the notice and agenda must be
 1320  broadcast at least four times every broadcast hour of each day
 1321  that a posted notice is otherwise required under this section.
 1322  If broadcast notice is provided, the notice and agenda must be
 1323  broadcast in a manner and for a sufficient continuous length of
 1324  time to allow an average reader to observe the notice and read
 1325  and comprehend the entire content of the notice and the agenda.
 1326  Unless a unit owner waives in writing the right to receive
 1327  notice of the annual meeting, the notice of the annual meeting
 1328  must be sent by mail, hand delivered, or electronically
 1329  transmitted to each unit owner. An officer of the association
 1330  must provide an affidavit or United States Postal Service
 1331  certificate of mailing, to be included in the official records
 1332  of the association, affirming that notices of the association
 1333  meeting were mailed, hand delivered, or electronically
 1334  transmitted, in accordance with this provision, to each unit
 1335  owner at the address last furnished to the association.
 1336         1. The board of administration shall be elected by written
 1337  ballot or voting machine. A proxy may not be used in electing
 1338  the board of administration in general elections or elections to
 1339  fill vacancies caused by recall, resignation, or otherwise
 1340  unless otherwise provided in this chapter.
 1341         a. At least 60 days before a scheduled election, the
 1342  association shall mail, deliver, or transmit, whether by
 1343  separate association mailing, delivery, or electronic
 1344  transmission or included in another association mailing,
 1345  delivery, or electronic transmission, including regularly
 1346  published newsletters, to each unit owner entitled to vote, a
 1347  first notice of the date of the election. Any unit owner or
 1348  other eligible person desiring to be a candidate for the board
 1349  of administration must give written notice to the association at
 1350  least 40 days before a scheduled election. Together with the
 1351  written notice and agenda as set forth in this section, the
 1352  association shall mail, deliver, or electronically transmit a
 1353  second notice of election to all unit owners entitled to vote,
 1354  together with a ballot that lists all candidates. Upon request
 1355  of a candidate, the association shall include an information
 1356  sheet, no larger than 8 1/2 inches by 11 inches, which must be
 1357  furnished by the candidate at least 35 days before the election,
 1358  to be included with the mailing, delivery, or electronic
 1359  transmission of the ballot, with the costs of mailing, delivery,
 1360  or transmission and copying to be borne by the association. The
 1361  association is not liable for the contents of the information
 1362  sheets provided by the candidates. In order to reduce costs, the
 1363  association may print or duplicate the information sheets on
 1364  both sides of the paper. The division shall by rule establish
 1365  voting procedures consistent with this subparagraph, including
 1366  rules establishing procedures for giving notice by electronic
 1367  transmission and rules providing for the secrecy of ballots.
 1368  Elections shall be decided by a plurality of those ballots cast.
 1369  There is no quorum requirement. However, at least 20 percent of
 1370  the eligible voters must cast a ballot in order to have a valid
 1371  election. A unit owner may not permit any other person to vote
 1372  his or her ballot, and any such ballots improperly cast are
 1373  invalid. A unit owner who needs assistance in casting the ballot
 1374  for the reasons stated in s. 101.051 may obtain assistance in
 1375  casting the ballot. Any unit owner violating this provision may
 1376  be fined by the association in accordance with s. 719.303. The
 1377  regular election must occur on the date of the annual meeting.
 1378  This subparagraph does not apply to timeshare cooperatives.
 1379  Notwithstanding this subparagraph, an election and balloting are
 1380  not required unless more candidates file a notice of intent to
 1381  run or are nominated than vacancies exist on the board. Any
 1382  challenge to the election process must be commenced within 60
 1383  days after the election results are announced.
 1384         b. Within 90 days after being elected or appointed to the
 1385  board, each new director shall certify in writing to the
 1386  secretary of the association that he or she has read the
 1387  association’s bylaws, articles of incorporation, proprietary
 1388  lease, and current written policies; that he or she will work to
 1389  uphold such documents and policies to the best of his or her
 1390  ability; and that he or she will faithfully discharge his or her
 1391  fiduciary responsibility to the association’s members. Within 90
 1392  days after being elected or appointed to the board, in lieu of
 1393  this written certification, the newly elected or appointed
 1394  director may submit a certificate of having satisfactorily
 1395  completed the educational curriculum administered by an
 1396  education provider as approved by the division pursuant to the
 1397  requirements established in chapter 718 within 1 year before or
 1398  90 days after the date of election or appointment. The
 1399  educational certificate is valid and does not have to be
 1400  resubmitted as long as the director serves on the board without
 1401  interruption. A director who fails to timely file the written
 1402  certification or educational certificate is suspended from
 1403  service on the board until he or she complies with this sub
 1404  subparagraph. The board may temporarily fill the vacancy during
 1405  the period of suspension. The secretary of the association shall
 1406  cause the association to retain a director’s written
 1407  certification or educational certificate for inspection by the
 1408  members for 5 years after a director’s election or the duration
 1409  of the director’s uninterrupted tenure, whichever is longer.
 1410  Failure to have such written certification or educational
 1411  certificate on file does not affect the validity of any board
 1412  action.
 1413         2. Any approval by unit owners called for by this chapter,
 1414  or the applicable cooperative documents, must be made at a duly
 1415  noticed meeting of unit owners and is subject to this chapter or
 1416  the applicable cooperative documents relating to unit owner
 1417  decisionmaking, except that unit owners may take action by
 1418  written agreement, without meetings, on matters for which action
 1419  by written agreement without meetings is expressly allowed by
 1420  the applicable cooperative documents or law which provides for
 1421  the unit owner action.
 1422         3. Unit owners may waive notice of specific meetings if
 1423  allowed by the applicable cooperative documents or law. If
 1424  authorized by the bylaws, notice of meetings of the board of
 1425  administration, shareholder meetings, except shareholder
 1426  meetings called to recall board members under paragraph (f), and
 1427  committee meetings may be given by electronic transmission to
 1428  unit owners who consent to receive notice by electronic
 1429  transmission.
 1430         4. Unit owners have the right to participate in meetings of
 1431  unit owners with reference to all designated agenda items.
 1432  However, the association may adopt reasonable rules governing
 1433  the frequency, duration, and manner of unit owner participation.
 1434         5. Any unit owner may tape record or videotape meetings of
 1435  the unit owners subject to reasonable rules adopted by the
 1436  division; however, a unit owner may not post the recordings on
 1437  any website or other media that can readily be viewed by persons
 1438  who are not members of the association.
 1439         6. Unless otherwise provided in the bylaws, a vacancy
 1440  occurring on the board before the expiration of a term may be
 1441  filled by the affirmative vote of the majority of the remaining
 1442  directors, even if the remaining directors constitute less than
 1443  a quorum, or by the sole remaining director. In the alternative,
 1444  a board may hold an election to fill the vacancy, in which case
 1445  the election procedures must conform to the requirements of
 1446  subparagraph 1. unless the association has opted out of the
 1447  statutory election process, in which case the bylaws of the
 1448  association control. Unless otherwise provided in the bylaws, a
 1449  board member appointed or elected under this subparagraph shall
 1450  fill the vacancy for the unexpired term of the seat being
 1451  filled. Filling vacancies created by recall is governed by
 1452  paragraph (f) and rules adopted by the division.
 1453  
 1454  Notwithstanding subparagraphs (b)2. and (d)1., an association
 1455  may, by the affirmative vote of a majority of the total voting
 1456  interests, provide for a different voting and election procedure
 1457  in its bylaws, which vote may be by a proxy specifically
 1458  delineating the different voting and election procedures. The
 1459  different voting and election procedures may provide for
 1460  elections to be conducted by limited or general proxy.
 1461         Section 17. Subsections (3) and (4) of section 719.108,
 1462  Florida Statutes, are amended to read:
 1463         719.108 Rents and assessments; liability; lien and
 1464  priority; interest; collection; cooperative ownership.—
 1465         (3) Rents and assessments, and installments on them, not
 1466  paid when due bear interest at the rate provided in the
 1467  cooperative documents from the date due until paid. This rate
 1468  may not exceed the rate allowed by law and, if a rate is not
 1469  provided in the cooperative documents, accrues at 18 percent per
 1470  annum. If the cooperative documents or bylaws so provide, the
 1471  association may charge an administrative late fee in addition to
 1472  such interest, not to exceed the greater of $25 or 5 percent of
 1473  each installment of the assessment for each delinquent
 1474  installment that the payment is late. The association may also
 1475  recover from the unit owner any reasonable charges imposed upon
 1476  the association under a written contract with its management or
 1477  bookkeeping company or collection agent which are incurred in
 1478  connection with collecting a delinquent assessment. Such charges
 1479  must be in a liquidated and noncontingent amount and must be
 1480  based on the actual time expended performing necessary,
 1481  nonduplicative services. Fees for collection are not recoverable
 1482  for the period after referral of the matter to an association’s
 1483  legal counsel. Any payment received by an association must be
 1484  applied first to any interest accrued by the association, then
 1485  to any administrative late fee, then to any costs and reasonable
 1486  attorney fees incurred in collection, then to any reasonable
 1487  costs for collection services contracted for by the association,
 1488  and then to the delinquent assessment. The foregoing applies
 1489  notwithstanding s. 673.3111, any purported accord and
 1490  satisfaction, or any restrictive endorsement, designation, or
 1491  instruction placed on or accompanying a payment. The preceding
 1492  sentence is intended to clarify existing law. A late fee is not
 1493  subject to chapter 687 or s. 719.303(4).
 1494         (4) The association has a lien on each cooperative parcel
 1495  for any unpaid rents and assessments, plus interest, any
 1496  reasonable costs for collection services contracted for by the
 1497  association, and any authorized administrative late fees. If
 1498  authorized by the cooperative documents, the lien also secures
 1499  reasonable attorney fees incurred by the association incident to
 1500  the collection of the rents and assessments or enforcement of
 1501  such lien. The lien is effective from and after recording a
 1502  claim of lien in the public records in the county in which the
 1503  cooperative parcel is located which states the description of
 1504  the cooperative parcel, the name of the unit owner, the amount
 1505  due, and the due dates. Except as otherwise provided in this
 1506  chapter, a lien may not be filed by the association against a
 1507  cooperative parcel until 30 days after the date on which a
 1508  notice of intent to file a lien has been delivered to the owner.
 1509         (a) The notice must be sent to the unit owner at the
 1510  address of the unit by first-class United States mail, and the
 1511  notice must be in substantially the following form:
 1512                          NOTICE OF INTENT                         
 1513                      TO RECORD A CLAIM OF LIEN                    
 1514  RE: Unit ...(unit number)... of ...(name of cooperative)...
 1515  The following amounts are currently due on your account to
 1516  ...(name of association)..., and must be paid within 30 days
 1517  after your receipt of this letter. This letter shall serve as
 1518  the association’s notice of intent to record a Claim of Lien
 1519  against your property no sooner than 30 days after your receipt
 1520  of this letter, unless you pay in full the amounts set forth
 1521  below:
 1522  Maintenance due ...(dates)...	$.....
 1523  Late fee, if applicable	$.....
 1524  Interest through ...(dates)...*	$.....
 1525  Certified mail charges	$.....
 1526  Other costs	$.....
 1527  TOTAL OUTSTANDING	$.....
 1528  *Interest accrues at the rate of .... percent per annum.
 1529         1. If the most recent address of the unit owner on the
 1530  records of the association is the address of the unit, the
 1531  notice must be sent by certified mail, return receipt requested,
 1532  to the unit owner at the address of the unit.
 1533         2. If the most recent address of the unit owner on the
 1534  records of the association is in the United States, but is not
 1535  the address of the unit, the notice must be sent by certified
 1536  mail, return receipt requested, to the unit owner at his or her
 1537  most recent address.
 1538         3. If the most recent address of the unit owner on the
 1539  records of the association is not in the United States, the
 1540  notice must be sent by first-class United States mail to the
 1541  unit owner at his or her most recent address.
 1542         (b) A notice that is sent pursuant to this subsection is
 1543  deemed delivered upon mailing. A claim of lien must be executed
 1544  and acknowledged by an officer or authorized agent of the
 1545  association. The lien is not effective 1 year after the claim of
 1546  lien was recorded unless, within that time, an action to enforce
 1547  the lien is commenced. The 1-year period is automatically
 1548  extended for any length of time during which the association is
 1549  prevented from filing a foreclosure action by an automatic stay
 1550  resulting from a bankruptcy petition filed by the parcel owner
 1551  or any other person claiming an interest in the parcel. The
 1552  claim of lien secures all unpaid rents and assessments that are
 1553  due and that may accrue after the claim of lien is recorded and
 1554  through the entry of a final judgment, as well as interest and
 1555  all reasonable costs and attorney fees incurred by the
 1556  association incident to the collection process. Upon payment in
 1557  full, the person making the payment is entitled to a
 1558  satisfaction of the lien.
 1559         (c) By recording a notice in substantially the following
 1560  form, a unit owner or the unit owner’s agent or attorney may
 1561  require the association to enforce a recorded claim of lien
 1562  against his or her cooperative parcel:
 1563                      NOTICE OF CONTEST OF LIEN                    
 1564  TO: ...(Name and address of association)...:
 1565  You are notified that the undersigned contests the claim of lien
 1566  filed by you on ...., ...(year)..., and recorded in Official
 1567  Records Book .... at Page ...., of the public records of ....
 1568  County, Florida, and that the time within which you may file
 1569  suit to enforce your lien is limited to 90 days from the date of
 1570  service of this notice. Executed this .... day of ....,
 1571  ...(year)....
 1572  Signed: ...(Owner or Attorney)...
 1573  After notice of contest of lien has been recorded, the clerk of
 1574  the circuit court shall mail a copy of the recorded notice to
 1575  the association by certified mail, return receipt requested, at
 1576  the address shown in the claim of lien or most recent amendment
 1577  to it and shall certify to the service on the face of the
 1578  notice. Service is complete upon mailing. After service, the
 1579  association has 90 days in which to file an action to enforce
 1580  the lien. If the action is not filed within the 90-day period,
 1581  the lien is void. However, the 90-day period shall be extended
 1582  for any length of time during which the association is prevented
 1583  from filing its action because of an automatic stay resulting
 1584  from the filing of a bankruptcy petition by the unit owner or by
 1585  any other person claiming an interest in the parcel.
 1586         (d) A release of lien must be in substantially the
 1587  following form:
 1588                           RELEASE OF LIEN                         
 1589  The undersigned lienor, in consideration of the final payment in
 1590  the amount of $...., hereby waives and releases its lien and
 1591  right to claim a lien for unpaid assessments through ....,
 1592  ...(year)..., recorded in the Official Records Book .... at Page
 1593  ...., of the public records of .... County, Florida, for the
 1594  following described real property:
 1595  THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. .... OF ...(NAME
 1596  OF COOPERATIVE)..., A COOPERATIVE AS SET FORTH IN THE
 1597  COOPERATIVE DOCUMENTS AND THE EXHIBITS ANNEXED THERETO AND
 1598  FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ....,
 1599  PAGE ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
 1600  ...(Signature of Authorized Agent)...	...(Signature of
 1601  Witness)...
 1602  ...(Print Name)...	...(Print Name)...
 1603  ...(Signature of Witness)...
 1604  ...(Print Name)...
 1605  Sworn to (or affirmed) and subscribed before me this .... day of
 1606  ...., ...(year)..., by ...(name of person making statement)....
 1607  ...(Signature of Notary Public)...
 1608  ...(Print, type, or stamp commissioned name of Notary Public)...
 1609  Personally Known .... OR Produced .... as identification.
 1610         Section 18. Section 719.129, Florida Statutes, is created
 1611  to read:
 1612         719.129 Electronic voting.—The association may conduct
 1613  elections by electronic voting if a member consents, in writing,
 1614  to voting electronically and the following requirements are met:
 1615         (1) The association provides each member with:
 1616         (a) A method to authenticate the member’s identity to the
 1617  electronic voting system.
 1618         (b) A method to secure the member’s vote from, among other
 1619  things, malicious software and the ability of others to remotely
 1620  monitor or control the electronic voting platform.
 1621         (c) A method to communicate with the electronic voting
 1622  system.
 1623         (d) A method to review an electronic ballot before its
 1624  transmission to the electronic voting system.
 1625         (e) A method to transmit an electronic ballot to the
 1626  electronic voting system which ensures the secrecy and integrity
 1627  of each ballot.
 1628         (f) A method to allow members to verify the authenticity of
 1629  receipts sent from the electronic voting system.
 1630         (g) A method to confirm, at least 14 days before the voting
 1631  deadline, that the member’s electronic voting platform can
 1632  successfully communicate with the electronic voting system.
 1633         (h) In the event of a disruption of the electronic voting
 1634  system, the ability to vote by mail or to deliver a ballot in
 1635  person.
 1636         (2) The association uses an electronic voting system that
 1637  is:
 1638         (a) Accessible to members with disabilities.
 1639         (b)Secure from, among other things, malicious software and
 1640  the ability of others to remotely monitor or control the system.
 1641         (c) Able to authenticate the member’s identity.
 1642         (d) Able to communicate with each member’s electronic
 1643  voting platform.
 1644         (e) Able to authenticate the validity of each electronic
 1645  ballot to ensure that the ballot is not altered in transit.
 1646         (f) Able to transmit a receipt from the electronic voting
 1647  system to each member who casts an electronic ballot.
 1648         (g) Able to permanently separate any authentication or
 1649  identifying information from the electronic ballot, rendering it
 1650  impossible to tie a ballot to a specific member.
 1651         (h) Able to allow the member to confirm that his or her
 1652  ballot has been received and counted.
 1653         (i) Able to store and keep electronic ballots accessible to
 1654  election officials for recount, inspection, and review purposes.
 1655         (3) A member voting electronically pursuant to this section
 1656  shall be counted as being in attendance at the meeting for
 1657  purposes of determining a quorum.
 1658         (4) The bylaws of an association must provide for and allow
 1659  voting pursuant to this section before this section shall apply.
 1660  This section may apply to some or all matters for which a vote
 1661  of the membership is required.
 1662         Section 19. Subsection (3) of section 719.303, Florida
 1663  Statutes, is amended to read:
 1664         719.303 Obligations of owners.—
 1665         (3) The association may levy reasonable fines for failure
 1666  of the unit owner or the unit’s occupant, licensee, or invitee
 1667  to comply with any provision of the cooperative documents or
 1668  reasonable rules of the association. A fine may not become a
 1669  lien against a unit. A fine may be levied by the board of
 1670  administration or its authorized designee on the basis of each
 1671  day of a continuing violation, with a single notice and
 1672  opportunity for hearing before an impartial committee as
 1673  provided in paragraph (b). However, the fine may not exceed $100
 1674  per violation, or $1,000 in the aggregate.
 1675         (a) An association may suspend, for a reasonable period of
 1676  time, the right of a unit owner, or a unit owner’s tenant,
 1677  guest, or invitee, to use the common elements, common
 1678  facilities, or any other association property for failure to
 1679  comply with any provision of the cooperative documents or
 1680  reasonable rules of the association. This paragraph does not
 1681  apply to limited common elements intended to be used only by
 1682  that unit, common elements needed to access the unit, utility
 1683  services provided to the unit, parking spaces, or elevators.
 1684         (b) A fine or suspension levied by the board of
 1685  administration or its authorized designee may not be imposed
 1686  unless the board first provides at least 14 days’ written except
 1687  after giving reasonable notice and an opportunity for a hearing
 1688  to the unit owner and, if applicable, its occupant, the unit’s
 1689  licensee, or invitee. The hearing must be held before an
 1690  impartial a committee of other unit owners who are neither board
 1691  members, persons residing in a board member’s household, nor the
 1692  authorized designee or members of the authorized designee’s
 1693  household. The role of the impartial committee is limited to
 1694  determining whether to confirm or reject the fine or suspension
 1695  levied by the board or its authorized designee. If the impartial
 1696  committee does not agree with the fine or suspension, it may not
 1697  be imposed.
 1698         Section 20. Subsection (8) of section 720.301, Florida
 1699  Statutes, is amended to read:
 1700         720.301 Definitions.—As used in this chapter, the term:
 1701         (8) “Governing documents” means:
 1702         (a) The recorded declaration of covenants for a community,
 1703  and all duly adopted and recorded amendments, supplements, and
 1704  recorded exhibits thereto; and
 1705         (b) The articles of incorporation and bylaws of the
 1706  homeowners’ association, and any duly adopted amendments
 1707  thereto; and
 1708         (c) Rules and regulations adopted under the authority of
 1709  the recorded declaration, articles of incorporation, or bylaws
 1710  and duly adopted amendments thereto.
 1711         Section 21. Section 720.3015, Florida Statutes, is created
 1712  to read:
 1713         720.3015 Short title.—This chapter may be cited as the
 1714  “Homeowners’ Association Act.”
 1715         Section 22. Section 720.305, Florida Statutes, is amended
 1716  to read:
 1717         720.305 Obligations of members; remedies at law or in
 1718  equity; levy of fines and suspension of use rights.—
 1719         (1) Each member and the member’s tenants, guests, and
 1720  invitees, and each association, are governed by, and must comply
 1721  with, this chapter, the governing documents of the community,
 1722  and the rules of the association. Actions at law or in equity,
 1723  or both, to redress alleged failure or refusal to comply with
 1724  these provisions may be brought by the association or by any
 1725  member against:
 1726         (a) The association;
 1727         (b) A member;
 1728         (c) Any director or officer of an association who willfully
 1729  and knowingly fails to comply with these provisions; and
 1730         (d) Any tenants, guests, or invitees occupying a parcel or
 1731  using the common areas.
 1732  
 1733  The prevailing party in any such litigation is entitled to
 1734  recover reasonable attorney attorney’s fees and costs. A member
 1735  prevailing in an action between the association and the member
 1736  under this section, in addition to recovering his or her
 1737  reasonable attorney attorney’s fees, may recover additional
 1738  amounts as determined by the court to be necessary to reimburse
 1739  the member for his or her share of assessments levied by the
 1740  association to fund its expenses of the litigation. This relief
 1741  does not exclude other remedies provided by law. This section
 1742  does not deprive any person of any other available right or
 1743  remedy.
 1744         (2) The association may levy reasonable fines. A fine may
 1745  not exceed of up to $100 per violation against any member or any
 1746  member’s tenant, guest, or invitee for the failure of the owner
 1747  of the parcel or its occupant, licensee, or invitee to comply
 1748  with any provision of the declaration, the association bylaws,
 1749  or reasonable rules of the association unless otherwise provided
 1750  in the governing documents. A fine may be levied by the board or
 1751  its authorized designee for each day of a continuing violation,
 1752  with a single notice and opportunity for hearing, except that
 1753  the fine may not exceed $1,000 in the aggregate unless otherwise
 1754  provided in the governing documents. A fine of less than $1,000
 1755  may not become a lien against a parcel. In any action to recover
 1756  a fine, the prevailing party is entitled to reasonable attorney
 1757  fees and costs from the nonprevailing party as determined by the
 1758  court.
 1759         (a) An association may suspend, for a reasonable period of
 1760  time, the right of a member, or a member’s tenant, guest, or
 1761  invitee, to use common areas and facilities for the failure of
 1762  the owner of the parcel or its occupant, licensee, or invitee to
 1763  comply with any provision of the declaration, the association
 1764  bylaws, or reasonable rules of the association. This paragraph
 1765  does not apply to that portion of common areas used to provide
 1766  access or utility services to the parcel. A suspension may not
 1767  prohibit impair the right of an owner or tenant of a parcel from
 1768  having to have vehicular and pedestrian ingress to and egress
 1769  from the parcel, including, but not limited to, the right to
 1770  park.
 1771         (b) A fine or suspension may not be imposed by the board of
 1772  administration or its authorized designee without at least 14
 1773  days’ notice to the person sought to be fined or suspended and
 1774  an opportunity for a hearing before an impartial a committee of
 1775  at least three members appointed by the board who are not
 1776  officers, directors, or employees of the association, or the
 1777  spouse, parent, child, brother, or sister of an officer,
 1778  director, or employee, or the board’s designee or the designee’s
 1779  family. If the committee, by majority vote, does not approve a
 1780  proposed fine or suspension, it may not be imposed. The role of
 1781  the impartial committee is limited to determining whether to
 1782  confirm or reject the fine or suspension levied by the board or
 1783  its authorized designee. If the board of administration or its
 1784  authorized designee association imposes a fine or suspension,
 1785  the association must provide written notice of such fine or
 1786  suspension by mail or hand delivery to the parcel owner and, if
 1787  applicable, to any tenant, licensee, or invitee of the parcel
 1788  owner.
 1789         (3) If a member is more than 90 days delinquent in paying
 1790  any fee, fine, or other a monetary obligation due to the
 1791  association, the association may suspend the rights of the
 1792  member, or the member’s tenant, guest, or invitee, to use common
 1793  areas and facilities until the fee, fine, or other monetary
 1794  obligation is paid in full. This subsection does not apply to
 1795  that portion of common areas used to provide access or utility
 1796  services to the parcel. A suspension may does not prohibit
 1797  impair the right of an owner or tenant of a parcel from having
 1798  to have vehicular and pedestrian ingress to and egress from the
 1799  parcel, including, but not limited to, the right to park. The
 1800  notice and hearing requirements under subsection (2) do not
 1801  apply to a suspension imposed under this subsection.
 1802         (4) An association may suspend the voting rights of a
 1803  parcel or member for the nonpayment of any fee, fine, or other
 1804  monetary obligation due to the association which that is more
 1805  than 90 days delinquent. A voting interest or consent right
 1806  allocated to a parcel or member which has been suspended by the
 1807  association shall be subtracted from may not be counted towards
 1808  the total number of voting interests in the association, which
 1809  shall be reduced by the number of suspended voting interests
 1810  when calculating the total percentage or number of all voting
 1811  interests available to take or approve any action, and the
 1812  suspended voting interests may not be considered for any
 1813  purpose, including, but not limited to, the percentage or number
 1814  of voting interests necessary to constitute a quorum, the
 1815  percentage or number of voting interests required to conduct an
 1816  election, or the percentage or number of voting interests
 1817  required to approve an action under this chapter or pursuant to
 1818  the governing documents. The notice and hearing requirements
 1819  under subsection (2) do not apply to a suspension imposed under
 1820  this subsection. The suspension ends upon full payment of all
 1821  obligations currently due or overdue to the association.
 1822         (5) All suspensions imposed pursuant to subsection (3) or
 1823  subsection (4) must be approved at a properly noticed board
 1824  meeting. Upon approval, the association must notify the parcel
 1825  owner and, if applicable, the parcel’s occupant, licensee, or
 1826  invitee by mail or hand delivery.
 1827         (6) The suspensions permitted by paragraph (2)(a) and
 1828  subsections (3) and (4) apply to a member and, when appropriate,
 1829  the member’s tenants, guests, or invitees, even if the
 1830  delinquency or failure that resulted in the suspension arose
 1831  from less than all of the multiple parcels owned by the member.
 1832         Section 23. Paragraph (b) of subsection (1) and subsections
 1833  (9) and (10) of section 720.306, Florida Statutes, are amended
 1834  to read:
 1835         720.306 Meetings of members; voting and election
 1836  procedures; amendments.—
 1837         (1) QUORUM; AMENDMENTS.—
 1838         (b) Unless otherwise provided in the governing documents or
 1839  required by law, and other than those matters set forth in
 1840  paragraph (c), any governing document of an association may be
 1841  amended by the affirmative vote of two-thirds of the voting
 1842  interests of the association. Within 30 days after recording an
 1843  amendment to the governing documents, the association shall
 1844  provide copies of the amendment to the members. However, if a
 1845  copy of the proposed amendment is provided to the members before
 1846  they vote on the amendment and the proposed amendment is not
 1847  changed before the vote, the association, in lieu of providing a
 1848  copy of the amendment, may provide notice to the members that
 1849  the amendment was adopted, identifying the official book and
 1850  page number or instrument number of the recorded amendment and
 1851  that a copy of the amendment is available at no charge to the
 1852  member upon written request to the association. The copies and
 1853  notice described in this paragraph may be provided
 1854  electronically to those owners who previously consented to
 1855  receive notice electronically. The failure to timely provide
 1856  notice of the recording of the amendment does not affect the
 1857  validity or enforceability of the amendment.
 1858         (9) ELECTIONS AND BOARD VACANCIES.—
 1859         (a) Elections of directors must be conducted in accordance
 1860  with the procedures set forth in the governing documents of the
 1861  association. Except as provided in paragraph (b), all members of
 1862  the association are eligible to serve on the board of directors,
 1863  and a member may nominate himself or herself as a candidate for
 1864  the board at a meeting where the election is to be held;
 1865  provided, however, that if the election process allows
 1866  candidates to be nominated in advance of the meeting, the
 1867  association is not required to allow nominations at the meeting.
 1868  An election is not required unless more candidates are nominated
 1869  than vacancies exist. Except as otherwise provided in the
 1870  governing documents, boards of directors must be elected by a
 1871  plurality of the votes cast by eligible voters. Any challenge to
 1872  the election process must be commenced within 60 days after the
 1873  election results are announced.
 1874         (b) A person who is delinquent in the payment of any fee,
 1875  fine, or other monetary obligation to the association on the day
 1876  that he or she could last nominate himself or herself or be
 1877  nominated for the board may not seek election to the board, and
 1878  his or her name may not be listed on the ballot. A person
 1879  serving as a board member who becomes more than 90 days
 1880  delinquent in the payment of any fee, fine, or other monetary
 1881  obligation to the association shall be deemed to have abandoned
 1882  his or her seat on the board, creating a vacancy on the board to
 1883  be filled according to law. For purposes of this paragraph, the
 1884  term “any fee, fine, or other monetary obligation” means any
 1885  delinquency to the association with respect to any parcel for
 1886  more than 90 days is not eligible for board membership. A person
 1887  who has been convicted of any felony in this state or in a
 1888  United States District or Territorial Court, or has been
 1889  convicted of any offense in another jurisdiction which would be
 1890  considered a felony if committed in this state, may not seek
 1891  election to the board and is not eligible for board membership
 1892  unless such felon’s civil rights have been restored for at least
 1893  5 years as of the date on which such person seeks election to
 1894  the board. The validity of any action by the board is not
 1895  affected if it is later determined that a person was ineligible
 1896  to seek election to the board or that a member of the board is
 1897  ineligible for board membership.
 1898         (c) Any election dispute between a member and an
 1899  association must be submitted to mandatory binding arbitration
 1900  with the division. Such proceedings must be conducted in the
 1901  manner provided by s. 718.1255 and the procedural rules adopted
 1902  by the division. Unless otherwise provided in the bylaws, any
 1903  vacancy occurring on the board before the expiration of a term
 1904  may be filled by an affirmative vote of the majority of the
 1905  remaining directors, even if the remaining directors constitute
 1906  less than a quorum, or by the sole remaining director. In the
 1907  alternative, a board may hold an election to fill the vacancy,
 1908  in which case the election procedures must conform to the
 1909  requirements of the governing documents. Unless otherwise
 1910  provided in the bylaws, a board member appointed or elected
 1911  under this section is appointed for the unexpired term of the
 1912  seat being filled. Filling vacancies created by recall is
 1913  governed by s. 720.303(10) and rules adopted by the division.
 1914         (10) RECORDING.—Any parcel owner may tape record or
 1915  videotape meetings of the board of directors and meetings of the
 1916  members; however, a parcel owner may not post the recordings on
 1917  any website or other media that can readily be viewed by persons
 1918  who are not members of the association. The board of directors
 1919  of the association may adopt reasonable rules governing the
 1920  taping of meetings of the board and the membership.
 1921         Section 24. Paragraph (a) of subsection (1) and subsection
 1922  (3) of section 720.3085, Florida Statutes, are amended to read:
 1923         720.3085 Payment for assessments; lien claims.—
 1924         (1) When authorized by the governing documents, the
 1925  association has a lien on each parcel to secure the payment of
 1926  assessments and other amounts provided for by this section.
 1927  Except as otherwise set forth in this section, the lien is
 1928  effective from and shall relate back to the date on which the
 1929  original declaration of the community was recorded. However, as
 1930  to first mortgages of record, the lien is effective from and
 1931  after recording of a claim of lien in the public records of the
 1932  county in which the parcel is located. This subsection does not
 1933  bestow upon any lien, mortgage, or certified judgment of record
 1934  on July 1, 2008, including the lien for unpaid assessments
 1935  created in this section, a priority that, by law, the lien,
 1936  mortgage, or judgment did not have before July 1, 2008.
 1937         (a) To be valid, a claim of lien must state the description
 1938  of the parcel, the name of the record owner, the name and
 1939  address of the association, the assessment amount due, and the
 1940  due date. The claim of lien secures all unpaid assessments that
 1941  are due and that may accrue subsequent to the recording of the
 1942  claim of lien and before entry of a certificate of title, as
 1943  well as interest, late charges, and reasonable collection costs
 1944  and attorney fees incurred by the association incident to the
 1945  collection process. The person making payment is entitled to a
 1946  satisfaction of the lien upon payment in full.
 1947         (3) Assessments and installments on assessments that are
 1948  not paid when due bear interest from the due date until paid at
 1949  the rate provided in the declaration of covenants or the bylaws
 1950  of the association, which rate may not exceed the rate allowed
 1951  by law. If no rate is provided in the declaration or bylaws,
 1952  interest accrues at the rate of 18 percent per year.
 1953         (a) If the declaration or bylaws so provide, the
 1954  association may also charge an administrative late fee not to
 1955  exceed the greater of $25 or 5 percent of the amount of each
 1956  installment that is paid past the due date. The association may
 1957  also recover from the parcel owner any reasonable charges
 1958  imposed upon the association under a written contract with its
 1959  management or bookkeeping company or collection agent which are
 1960  incurred in connection with collecting a delinquent assessment.
 1961  Such charges must be in a liquidated and noncontingent amount
 1962  and must be based on the actual time expended performing
 1963  necessary, nonduplicative services. Fees for collection are not
 1964  recoverable for the period after referral of the matter to an
 1965  association’s legal counsel.
 1966         (b) Any payment received by an association and accepted
 1967  shall be applied first to any interest accrued, then to any
 1968  administrative late fee, then to any costs and reasonable
 1969  attorney fees incurred in collection, then to any reasonable
 1970  costs for collection services contracted for by the association,
 1971  and then to the delinquent assessment. This paragraph applies
 1972  notwithstanding any restrictive endorsement, designation, or
 1973  instruction placed on or accompanying a payment. A late fee is
 1974  not subject to the provisions of chapter 687 and is not a fine.
 1975         Section 25. Section 720.317, Florida Statutes, is created
 1976  to read:
 1977         720.317 Electronic voting.—The association may conduct
 1978  elections by electronic voting if a member consents, in writing,
 1979  to voting electronically and the following requirements are met:
 1980         (1) The association provides each member with:
 1981         (a) A method to authenticate the member’s identity to the
 1982  electronic voting system.
 1983         (b) A method to secure the member’s vote from, among other
 1984  things, malicious software and the ability of others to remotely
 1985  monitor or control the electronic voting platform.
 1986         (c) A method to communicate with the electronic voting
 1987  system.
 1988         (d) A method to review an electronic ballot before its
 1989  transmission to the electronic voting system.
 1990         (e) A method to transmit an electronic ballot to the
 1991  electronic voting system which ensures the secrecy and integrity
 1992  of each ballot.
 1993         (f) A method to allow members to verify the authenticity of
 1994  receipts sent from the electronic voting system.
 1995         (g) A method to confirm, at least 14 days before the voting
 1996  deadline, that the member’s electronic voting platform can
 1997  successfully communicate with the electronic voting system.
 1998         (h) In the event of a disruption of the electronic voting
 1999  system, the ability to vote by mail or to deliver a ballot in
 2000  person.
 2001         (2) The association uses an electronic voting system that
 2002  is:
 2003         (a) Accessible to members with disabilities.
 2004         (b) Secure from, among other things, malicious software and
 2005  the ability of others to remotely monitor or control the system.
 2006         (c) Able to authenticate the member’s identity.
 2007         (d) Able to communicate with each member’s electronic
 2008  voting platform.
 2009         (e) Able to authenticate the validity of each electronic
 2010  ballot to ensure that the ballot is not altered in transit.
 2011         (f)Able to transmit a receipt from the electronic voting
 2012  system to each member who casts an electronic ballot.
 2013         (g) Able to permanently separate any authentication or
 2014  identifying information from the electronic ballot, rendering it
 2015  impossible to tie a ballot to a specific member.
 2016         (h) Able to allow the member to confirm that his or her
 2017  ballot has been received and counted.
 2018         (i) Able to store and keep electronic ballots accessible to
 2019  election officials for recount, inspection, and review purposes.
 2020         (3) A member voting electronically pursuant to this section
 2021  shall be counted as being in attendance at the meeting for
 2022  purposes of determining a quorum.
 2023         (4) The bylaws of an association must provide for and allow
 2024  voting pursuant to this section before this section shall apply.
 2025  This section may apply to some or all matters for which a vote
 2026  of the membership is required.
 2027  
 2028  ================= T I T L E  A M E N D M E N T ================
 2029  And the title is amended as follows:
 2030         Delete lines 2650 - 2745
 2031  and insert:
 2032         lien; creating s. 718.128, F.S.; authorizing
 2033         condominium associations to conduct elections by
 2034         electronic voting under certain conditions; providing
 2035         that a member voting electronically is counted toward
 2036         a quorum; requiring that the bylaws allow electronic
 2037         voting of some or all matters; providing a definition;
 2038         amending s. 718.301, F.S.; adding conditions under
 2039         which certain unit owners are entitled to elect at
 2040         least a majority of the members of the board of
 2041         administration of an association; requiring a bulk
 2042         unit purchaser to relinquish control of the
 2043         association under certain circumstances; requiring a
 2044         bulk-unit purchaser to deliver certain items, at the
 2045         bulk-unit purchaser’s expense, during the transfer of
 2046         association control from the bulk-unit purchaser;
 2047         amending s. 718.302, F.S.; revising the conditions
 2048         under which certain grants, reservations, or contracts
 2049         made by an association may be cancelled; prohibiting a
 2050         lender-unit purchaser from voting on cancellation of
 2051         certain grants, reservations, or contracts while the
 2052         association is under control of that lender-unit
 2053         purchaser; amending s. 718.303, F.S.; providing that a
 2054         fine may be levied by the board or its authorized
 2055         designee under certain conditions; revising the
 2056         requirements for levying a fine or suspension;
 2057         amending s. 718.501, F.S.; conforming provisions of
 2058         chapter 718, F.S., relating to the enforcement powers
 2059         of the Division of Florida Condominiums, Timeshares,
 2060         and Mobile Homes; creating s. 718.709, F.S.; providing
 2061         applicability of the provisions relating to the
 2062         Distressed Condominium Relief Act; creating part VIII
 2063         of ch. 718, F.S.; providing legislative intent;
 2064         providing definitions; authorizing a bulk-unit
 2065         purchaser to exercise certain developer rights;
 2066         requiring a bulk-unit purchaser to pay a working
 2067         capital contribution under certain circumstances;
 2068         providing applicability; authorizing a lender-unit
 2069         purchaser to exercise any developer rights he or she
 2070         acquires; requiring a bulk-unit purchaser and a
 2071         lender-unit purchaser to comply with specified
 2072         provisions under ch. 718, F.S.; limiting the rights of
 2073         bulk-unit purchasers and lender-unit purchasers to
 2074         vote on reserves or funding of reserves; prohibiting
 2075         the transfer of such voting rights; providing
 2076         assessment liability for bulk-unit purchasers and
 2077         lender-unit purchasers; providing for suspension of a
 2078         director who has been elected or appointed by a bulk
 2079         unit purchaser in certain circumstances; specifying
 2080         amendments and alterations for which a majority
 2081         approval of unit owners is required; requiring consent
 2082         of a bulk-unit purchaser, lender-unit purchaser, or
 2083         developer to certain amendments; requiring certain
 2084         warranties and disclosures; requiring an architect or
 2085         engineer to disclose specified information in a
 2086         condition report under certain circumstances;
 2087         subjecting multiple bulk-unit purchasers to joint and
 2088         several liability; prohibiting a board of
 2089         administration, a majority of which is elected by a
 2090         bulk-unit purchaser, from resolving certain
 2091         construction disputes unless other conditions are
 2092         satisfied; providing that a bulk-unit purchaser or
 2093         lender-unit purchaser who does not comply with ch.
 2094         718, F.S., forfeits all protections or exemptions
 2095         under ch. 718, F.S.; clarifying conditions under which
 2096         a bulk-unit purchaser must deliver certain items
 2097         during the transfer of association control from the
 2098         bulk-unit purchaser; providing conditions by which a
 2099         person may become a bulk-unit purchaser following
 2100         acquisition of title to timeshare interests that are
 2101         or ultimately will be included in a timeshare plan;
 2102         requiring disclosure to purchasers by certain bulk
 2103         unit purchasers of timeshare interests; amending s.
 2104         719.104, F.S.; revising what constitutes the official
 2105         records of an association; amending s. 719.106, F.S.;
 2106         revising the requirements for board of administration
 2107         and shareholder meetings; amending s. 719.108, F.S.;
 2108         revising applicability; revising the effect of a claim
 2109         of lien; creating s. 719.129, F.S.; authorizing
 2110         cooperative associations to conduct elections by
 2111         electronic voting under certain conditions; providing
 2112         that a member voting electronically is counted toward
 2113         a quorum; requiring that the bylaws allow electronic
 2114         voting of some or all matters; providing a definition;
 2115         amending s. 719.303, F.S.; providing that a fine may
 2116         be levied by the board or its authorized designee
 2117         under certain conditions; revising the requirements
 2118         for levying a fine or suspension; amending s. 720.301,
 2119         F.S.; revising the definition of the term “governing
 2120         documents”; creating s. 720.3015, F.S.; providing a
 2121         short title; amending s. 720.305, F.S.; revising the
 2122         requirements for levying a fine or suspension;
 2123         revising the application of certain provisions;
 2124         amending s. 720.306, F.S.; revising the requirements
 2125         for the adoption of amendments to the governing
 2126         documents; revising the requirements for the election
 2127         of directors; revising the requirements for board of
 2128         director and member meetings; amending s. 720.3085,
 2129         F.S.; providing that the association may recover from
 2130         the parcel owner a reasonable charge imposed by a
 2131         management or bookkeeping company or a collection
 2132         agent which are incurred in connection with a
 2133         delinquent assessment; providing that such charges
 2134         must be liquidated, noncontingent, and based upon
 2135         actual time expended; providing that fees for
 2136         collection are not recoverable in a certain
 2137         circumstance; specifying the hierarchy for the
 2138         application of payments received for collection
 2139         services contracted for by the association; creating
 2140         s. 720.317, F.S.; authorizing homeowners’ associations
 2141         to conduct elections by electronic voting under
 2142         certain conditions; providing that a member voting
 2143         electronically is counted toward a quorum; requiring
 2144         that the bylaws allow electronic voting of some or all
 2145         matters; providing a definition; providing