Florida Senate - 2019                             CS for SB 1362
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senator Gruters
       
       
       
       
       580-04148A-19                                         20191362c1
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending
    3         514.0115, F.S.; providing that certain property
    4         association pools are exempt from Department of Health
    5         regulations; amending s. 627.714, F.S.; prohibiting
    6         subrogation rights against a condominium association
    7         under certain circumstances; amending s. 718.111,
    8         F.S.; requiring certain records to be maintained for a
    9         specified time; prohibiting an association from
   10         requiring certain actions related to the inspection of
   11         records; revising requirements relating to certain
   12         associations posting digital copies of certain
   13         documents; amending s. 718.112, F.S.; specifying that
   14         only board service that occurs on or after a specified
   15         date may be used for calculating a board member’s term
   16         limit; providing requirements for certain notices;
   17         prohibiting an association from charging certain fees;
   18         providing an exception; revising requirements relating
   19         to the recall of board members; deleting a prohibition
   20         against employing or contracting with certain service
   21         providers; amending s. 718.1255, F.S.; revising the
   22         definition of the term “dispute”; amending s. 718.303,
   23         F.S.; revising requirements for certain actions for
   24         failure to comply with specified provisions; revising
   25         requirements for certain fines; amending s. 718.5014,
   26         F.S.; revising the location of the principal office of
   27         the Office of the Condominium Ombudsman; amending s.
   28         719.103, F.S.; revising the definition of the term
   29         “unit” to specify that an interest in a cooperative
   30         unit is an interest in real property; amending s.
   31         719.104, F.S.; prohibiting an association from
   32         requiring certain actions related to the inspection of
   33         records; amending s. 719.106, F.S.; revising
   34         provisions relating to a quorum and voting rights for
   35         members remotely participating in meetings; revising
   36         requirements relating to the recall of board members
   37         and challenges to such recalls; amending s. 719.1255,
   38         F.S.; revising requirements for alternative resolution
   39         of disputes; amending s. 719.501, F.S.; deleting
   40         provisions relating to the division’s certification of
   41         mediators; amending s. 720.303, F.S.; authorizing an
   42         association to adopt procedures for electronic meeting
   43         notices; revising the documents that constitute the
   44         official records of an association; amending s.
   45         720.305, F.S.; providing requirements for certain
   46         fines; amending s. 720.306, F.S.; revising
   47         requirements for providing certain notices; amending
   48         s. 720.311, F.S.; defining the term “dispute”;
   49         revising the standardized form for the offer to
   50         participate in presuit mediation; providing
   51         requirements for the service of a statutory demand to
   52         participate in presuit mediation; providing
   53         requirements for mediators and arbitrators selected by
   54         the parties; authorizing the parties to select a
   55         mediator or arbitrator who has not been certified by
   56         the Florida Supreme Court; providing an effective
   57         date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraph (a) of subsection (2) of section
   62  514.0115, Florida Statutes, is amended to read:
   63         514.0115 Exemptions from supervision or regulation;
   64  variances.—
   65         (2)(a) Pools serving condominium, cooperative, and
   66  homeowners’ associations, as well as other property
   67  associations, which have no more than 32 condominium or
   68  cooperative units or parcels and which are not operated as a
   69  public lodging establishments are establishment shall be exempt
   70  from supervision under this chapter, except for water quality.
   71         Section 2. Subsection (4) of section 627.714, Florida
   72  Statutes, is amended to read:
   73         627.714 Residential condominium unit owner coverage; loss
   74  assessment coverage required.—
   75         (4) Every individual unit owner’s residential property
   76  policy must contain a provision stating that the coverage
   77  afforded by such policy is excess coverage over the amount
   78  recoverable under any other policy covering the same property.
   79  An insurance policy issued to an individual unit owner may not
   80  provide rights of subrogation against the condominium
   81  association operating the condominium in which such individual’s
   82  unit is located.
   83         Section 3. Paragraphs (a), (b), (c), and (g) of subsection
   84  (12) of section 718.111, Florida Statutes, are amended to read:
   85         718.111 The association.—
   86         (12) OFFICIAL RECORDS.—
   87         (a) From the inception of the association, the association
   88  shall maintain each of the following items, if applicable, which
   89  constitutes the official records of the association:
   90         1. A copy of the plans, permits, warranties, and other
   91  items provided by the developer pursuant to s. 718.301(4).
   92         2. A photocopy of the recorded declaration of condominium
   93  of each condominium operated by the association and each
   94  amendment to each declaration.
   95         3. A photocopy of the recorded bylaws of the association
   96  and each amendment to the bylaws.
   97         4. A certified copy of the articles of incorporation of the
   98  association, or other documents creating the association, and
   99  each amendment thereto.
  100         5. A copy of the current rules of the association.
  101         6. A book or books that contain the minutes of all meetings
  102  of the association, the board of administration, and the unit
  103  owners.
  104         7. A current roster of all unit owners and their mailing
  105  addresses, unit identifications, voting certifications, and, if
  106  known, telephone numbers. The association shall also maintain
  107  the e-mail addresses and facsimile numbers of unit owners
  108  consenting to receive notice by electronic transmission. The e
  109  mail addresses and facsimile numbers are not accessible to unit
  110  owners if consent to receive notice by electronic transmission
  111  is not provided in accordance with sub-subparagraph (c)3.e.
  112  However, the association is not liable for an inadvertent
  113  disclosure of the e-mail address or facsimile number for
  114  receiving electronic transmission of notices.
  115         8. All current insurance policies of the association and
  116  condominiums operated by the association.
  117         9. A current copy of any management agreement, lease, or
  118  other contract to which the association is a party or under
  119  which the association or the unit owners have an obligation or
  120  responsibility.
  121         10. Bills of sale or transfer for all property owned by the
  122  association.
  123         11. Accounting records for the association and separate
  124  accounting records for each condominium that the association
  125  operates. Any person who knowingly or intentionally defaces or
  126  destroys such records, or who knowingly or intentionally fails
  127  to create or maintain such records, with the intent of causing
  128  harm to the association or one or more of its members, is
  129  personally subject to a civil penalty pursuant to s.
  130  718.501(1)(d). The accounting records must include, but are not
  131  limited to:
  132         a. Accurate, itemized, and detailed records of all receipts
  133  and expenditures.
  134         b. A current account and a monthly, bimonthly, or quarterly
  135  statement of the account for each unit designating the name of
  136  the unit owner, the due date and amount of each assessment, the
  137  amount paid on the account, and the balance due.
  138         c. All audits, reviews, accounting statements, and
  139  financial reports of the association or condominium.
  140         d. All contracts for work to be performed. Bids for work to
  141  be performed are also considered official records and must be
  142  maintained by the association for at least 1 year after receipt
  143  of the bid.
  144         12. Ballots, sign-in sheets, voting proxies, and all other
  145  papers and electronic records relating to voting by unit owners,
  146  which must be maintained for 1 year from the date of the
  147  election, vote, or meeting to which the document relates,
  148  notwithstanding paragraph (b).
  149         13. All rental records if the association is acting as
  150  agent for the rental of condominium units.
  151         14. A copy of the current question and answer sheet as
  152  described in s. 718.504.
  153         15. All other written records of the association not
  154  specifically included in the foregoing which are related to the
  155  operation of the association.
  156         16. A copy of the inspection report as described in s.
  157  718.301(4)(p).
  158         16.17. Bids for materials, equipment, or services.
  159         17.All other records of the association not specifically
  160  included in subparagraphs 1.-16. which are related to the
  161  operation of the association.
  162         (b) The official records specified in subparagraphs (a)1.
  163  6. must be permanently maintained from the inception of the
  164  association. Bids for work to be performed or for materials,
  165  equipment, or services must be maintained for 1 year after
  166  receipt of the bid. All other official records must be
  167  maintained within the state for at least 7 years, unless
  168  otherwise provided by general law. The records of the
  169  association shall be made available to a unit owner within 45
  170  miles of the condominium property or within the county in which
  171  the condominium property is located within 10 working days after
  172  receipt of a written request by the board or its designee.
  173  However, such distance requirement does not apply to an
  174  association governing a timeshare condominium. This paragraph
  175  may be complied with by having a copy of the official records of
  176  the association available for inspection or copying on the
  177  condominium property or association property, or the association
  178  may offer the option of making the records available to a unit
  179  owner electronically via the Internet or by allowing the records
  180  to be viewed in electronic format on a computer screen and
  181  printed upon request. The association is not responsible for the
  182  use or misuse of the information provided to an association
  183  member or his or her authorized representative in pursuant to
  184  the compliance with requirements of this chapter unless the
  185  association has an affirmative duty not to disclose such
  186  information under pursuant to this chapter.
  187         (c)1. The official records of the association are open to
  188  inspection by any association member or the authorized
  189  representative of such member at all reasonable times. The right
  190  to inspect the records includes the right to make or obtain
  191  copies, at the reasonable expense, if any, of the member or
  192  authorized representative of such member. A renter of a unit has
  193  a right to inspect and copy the association’s bylaws and rules.
  194  The association may adopt reasonable rules regarding the
  195  frequency, time, location, notice, and manner of record
  196  inspections and copying, but may not require a member to
  197  demonstrate any purpose or state any reason for the inspection.
  198  The failure of an association to provide the records within 10
  199  working days after receipt of a written request creates a
  200  rebuttable presumption that the association willfully failed to
  201  comply with this paragraph. A unit owner who is denied access to
  202  official records is entitled to the actual damages or minimum
  203  damages for the association’s willful failure to comply. Minimum
  204  damages are $50 per calendar day for up to 10 days, beginning on
  205  the 11th working day after receipt of the written request. The
  206  failure to permit inspection entitles any person prevailing in
  207  an enforcement action to recover reasonable attorney fees from
  208  the person in control of the records who, directly or
  209  indirectly, knowingly denied access to the records.
  210         2. Any person who knowingly or intentionally defaces or
  211  destroys accounting records that are required by this chapter to
  212  be maintained during the period for which such records are
  213  required to be maintained, or who knowingly or intentionally
  214  fails to create or maintain accounting records that are required
  215  to be created or maintained, with the intent of causing harm to
  216  the association or one or more of its members, is personally
  217  subject to a civil penalty pursuant to s. 718.501(1)(d).
  218         3. The association shall maintain an adequate number of
  219  copies of the declaration, articles of incorporation, bylaws,
  220  and rules, and all amendments to each of the foregoing, as well
  221  as the question and answer sheet as described in s. 718.504 and
  222  year-end financial information required under this section, on
  223  the condominium property to ensure their availability to unit
  224  owners and prospective purchasers, and may charge its actual
  225  costs for preparing and furnishing these documents to those
  226  requesting the documents. An association shall allow a member or
  227  his or her authorized representative to use a portable device,
  228  including a smartphone, tablet, portable scanner, or any other
  229  technology capable of scanning or taking photographs, to make an
  230  electronic copy of the official records in lieu of the
  231  association’s providing the member or his or her authorized
  232  representative with a copy of such records. The association may
  233  not charge a member or his or her authorized representative for
  234  the use of a portable device. Notwithstanding this paragraph,
  235  the following records are not accessible to unit owners:
  236         a. Any record protected by the lawyer-client privilege as
  237  described in s. 90.502 and any record protected by the work
  238  product privilege, including a record prepared by an association
  239  attorney or prepared at the attorney’s express direction, which
  240  reflects a mental impression, conclusion, litigation strategy,
  241  or legal theory of the attorney or the association, and which
  242  was prepared exclusively for civil or criminal litigation or for
  243  adversarial administrative proceedings, or which was prepared in
  244  anticipation of such litigation or proceedings until the
  245  conclusion of the litigation or proceedings.
  246         b. Information obtained by an association in connection
  247  with the approval of the lease, sale, or other transfer of a
  248  unit.
  249         c. Personnel records of association or management company
  250  employees, including, but not limited to, disciplinary, payroll,
  251  health, and insurance records. For purposes of this sub
  252  subparagraph, the term “personnel records” does not include
  253  written employment agreements with an association employee or
  254  management company, or budgetary or financial records that
  255  indicate the compensation paid to an association employee.
  256         d. Medical records of unit owners.
  257         e. Social security numbers, driver license numbers, credit
  258  card numbers, e-mail addresses, telephone numbers, facsimile
  259  numbers, emergency contact information, addresses of a unit
  260  owner other than as provided to fulfill the association’s notice
  261  requirements, and other personal identifying information of any
  262  person, excluding the person’s name, unit designation, mailing
  263  address, property address, and any address, e-mail address, or
  264  facsimile number provided to the association to fulfill the
  265  association’s notice requirements. Notwithstanding the
  266  restrictions in this sub-subparagraph, an association may print
  267  and distribute to unit parcel owners a directory containing the
  268  name, unit parcel address, and all telephone numbers of each
  269  unit parcel owner. However, an owner may exclude his or her
  270  telephone numbers from the directory by so requesting in writing
  271  to the association. An owner may consent in writing to the
  272  disclosure of other contact information described in this sub
  273  subparagraph. The association is not liable for the inadvertent
  274  disclosure of information that is protected under this sub
  275  subparagraph if the information is included in an official
  276  record of the association and is voluntarily provided by an
  277  owner and not requested by the association.
  278         f. Electronic security measures that are used by the
  279  association to safeguard data, including passwords.
  280         g. The software and operating system used by the
  281  association which allow the manipulation of data, even if the
  282  owner owns a copy of the same software used by the association.
  283  The data is part of the official records of the association.
  284         (g)1. By January 1, 2019, an association managing a
  285  condominium with 150 or more units which does not contain
  286  timeshare units shall post digital copies of the documents
  287  specified in subparagraph 2. on its website or make such
  288  documents available through an application that can be
  289  downloaded on a mobile device.
  290         a. The association’s website or application must be:
  291         (I) An independent website, application, or web portal
  292  wholly owned and operated by the association; or
  293         (II) A website, application, or web portal operated by a
  294  third-party provider with whom the association owns, leases,
  295  rents, or otherwise obtains the right to operate a web page,
  296  subpage, web portal, or collection of subpages or web portals,
  297  or application which is dedicated to the association’s
  298  activities and on which required notices, records, and documents
  299  may be posted or made available by the association.
  300         b. The association’s website or application must be
  301  accessible through the Internet and must contain a subpage, web
  302  portal, or other protected electronic location that is
  303  inaccessible to the general public and accessible only to unit
  304  owners and employees of the association.
  305         c. Upon a unit owner’s written request, the association
  306  must provide the unit owner with a username and password and
  307  access to the protected sections of the association’s website or
  308  application that contain any notices, records, or documents that
  309  must be electronically provided.
  310         2. A current copy of the following documents must be posted
  311  in digital format on the association’s website or made available
  312  through an application that can be downloaded on a mobile
  313  device:
  314         a. The recorded declaration of condominium of each
  315  condominium operated by the association and each amendment to
  316  each declaration.
  317         b. The recorded bylaws of the association and each
  318  amendment to the bylaws.
  319         c. The articles of incorporation of the association, or
  320  other documents creating the association, and each amendment to
  321  the articles of incorporation or other documents thereto. The
  322  copy posted pursuant to this sub-subparagraph must be a copy of
  323  the articles of incorporation filed with the Department of
  324  State.
  325         d. The rules of the association.
  326         e. A list of all executory contracts or documents to which
  327  the association is a party or under which the association or the
  328  unit owners have an obligation or responsibility and, after
  329  bidding for the related materials, equipment, or services has
  330  closed, a list of bids received by the association within the
  331  past year. Summaries of bids for materials, equipment, or
  332  services which exceed $500 must be maintained on the website or
  333  application for 1 year. In lieu of summaries, complete copies of
  334  the bids may be posted.
  335         f. The annual budget required by s. 718.112(2)(f) and any
  336  proposed budget to be considered at the annual meeting.
  337         g. The financial report required by subsection (13) and any
  338  monthly income or expense statement to be considered at a
  339  meeting.
  340         h. The certification of each director required by s.
  341  718.112(2)(d)4.b.
  342         i. All contracts or transactions between the association
  343  and any director, officer, corporation, firm, or association
  344  that is not an affiliated condominium association or any other
  345  entity in which an association director is also a director or
  346  officer and financially interested.
  347         j. Any contract or document regarding a conflict of
  348  interest or possible conflict of interest as provided in ss.
  349  468.436(2)(b)6. and 718.3027(3).
  350         k. The notice of any unit owner meeting and the agenda for
  351  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  352  days before the meeting. The notice must be posted in plain view
  353  on the front page of the website or application, or on a
  354  separate subpage of the website or application labeled “Notices”
  355  which is conspicuously visible and linked from the front page.
  356  The association must also post on its website or application any
  357  document to be considered and voted on by the owners during the
  358  meeting or any document listed on the agenda at least 7 days
  359  before the meeting at which the document or the information
  360  within the document will be considered.
  361         l. Notice of any board meeting, the agenda, and any other
  362  document required for the meeting as required by s.
  363  718.112(2)(c), which must be posted no later than the date
  364  required for notice pursuant to s. 718.112(2)(c).
  365         3. The association shall ensure that the information and
  366  records described in paragraph (c), which are not allowed to be
  367  accessible to unit owners, are not posted on the association’s
  368  website or the association’s application that can be downloaded
  369  on a mobile device. If protected information or information
  370  restricted from being accessible to unit owners is included in
  371  documents that are required to be posted on the association’s
  372  website or application, the association shall ensure the
  373  information is redacted before posting the documents online.
  374  Notwithstanding the foregoing, the association or its agent is
  375  not liable for disclosing information that is protected or
  376  restricted pursuant to this paragraph unless such disclosure was
  377  made with a knowing or intentional disregard of the protected or
  378  restricted nature of such information.
  379         4. The failure of the association to post information
  380  required under subparagraph 2. is not in and of itself
  381  sufficient to invalidate any action or decision of the
  382  association’s board or its committees.
  383         Section 4. Paragraphs (d), (i), (j), and (p) of subsection
  384  (2) of section 718.112, Florida Statutes, are amended to read:
  385         718.112 Bylaws.—
  386         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  387  following and, if they do not do so, shall be deemed to include
  388  the following:
  389         (d) Unit owner meetings.—
  390         1. An annual meeting of the unit owners must be held at the
  391  location provided in the association bylaws and, if the bylaws
  392  are silent as to the location, the meeting must be held within
  393  45 miles of the condominium property. However, such distance
  394  requirement does not apply to an association governing a
  395  timeshare condominium.
  396         2. Unless the bylaws provide otherwise, a vacancy on the
  397  board caused by the expiration of a director’s term must be
  398  filled by electing a new board member, and the election must be
  399  by secret ballot. An election is not required if the number of
  400  vacancies equals or exceeds the number of candidates. For
  401  purposes of this paragraph, the term “candidate” means an
  402  eligible person who has timely submitted the written notice, as
  403  described in sub-subparagraph 4.a., of his or her intention to
  404  become a candidate. Except in a timeshare or nonresidential
  405  condominium, or if the staggered term of a board member does not
  406  expire until a later annual meeting, or if all members’ terms
  407  would otherwise expire but there are no candidates, the terms of
  408  all board members expire at the annual meeting, and such members
  409  may stand for reelection unless prohibited by the bylaws. Board
  410  members may serve terms longer than 1 year if permitted by the
  411  bylaws or articles of incorporation. A board member may not
  412  serve more than 8 consecutive years unless approved by an
  413  affirmative vote of unit owners representing two-thirds of all
  414  votes cast in the election or unless there are not enough
  415  eligible candidates to fill the vacancies on the board at the
  416  time of the vacancy. Only board service that occurs on or after
  417  July 1, 2018, may be used when calculating a board member’s term
  418  limit. If the number of board members whose terms expire at the
  419  annual meeting equals or exceeds the number of candidates, the
  420  candidates become members of the board effective upon the
  421  adjournment of the annual meeting. Unless the bylaws provide
  422  otherwise, any remaining vacancies shall be filled by the
  423  affirmative vote of the majority of the directors making up the
  424  newly constituted board even if the directors constitute less
  425  than a quorum or there is only one director. In a residential
  426  condominium association of more than 10 units or in a
  427  residential condominium association that does not include
  428  timeshare units or timeshare interests, coowners of a unit may
  429  not serve as members of the board of directors at the same time
  430  unless they own more than one unit or unless there are not
  431  enough eligible candidates to fill the vacancies on the board at
  432  the time of the vacancy. A unit owner in a residential
  433  condominium desiring to be a candidate for board membership must
  434  comply with sub-subparagraph 4.a. and must be eligible to be a
  435  candidate to serve on the board of directors at the time of the
  436  deadline for submitting a notice of intent to run in order to
  437  have his or her name listed as a proper candidate on the ballot
  438  or to serve on the board. A person who has been suspended or
  439  removed by the division under this chapter, or who is delinquent
  440  in the payment of any monetary obligation due to the
  441  association, is not eligible to be a candidate for board
  442  membership and may not be listed on the ballot. A person who has
  443  been convicted of any felony in this state or in a United States
  444  District or Territorial Court, or who has been convicted of any
  445  offense in another jurisdiction which would be considered a
  446  felony if committed in this state, is not eligible for board
  447  membership unless such felon’s civil rights have been restored
  448  for at least 5 years as of the date such person seeks election
  449  to the board. The validity of an action by the board is not
  450  affected if it is later determined that a board member is
  451  ineligible for board membership due to having been convicted of
  452  a felony. This subparagraph does not limit the term of a member
  453  of the board of a nonresidential or timeshare condominium.
  454         3. The bylaws must provide the method of calling meetings
  455  of unit owners, including annual meetings. Written notice must
  456  include an agenda, must be mailed, hand delivered, or
  457  electronically transmitted to each unit owner at least 14 days
  458  before the annual meeting, and must be posted in a conspicuous
  459  place on the condominium property at least 14 continuous days
  460  before the annual meeting. Upon notice to the unit owners, the
  461  board shall, by duly adopted rule, designate a specific location
  462  on the condominium property where all notices of unit owner
  463  meetings must be posted. This requirement does not apply if
  464  there is no condominium property for posting notices. In lieu
  465  of, or in addition to, the physical posting of meeting notices,
  466  the association may, by reasonable rule, adopt a procedure for
  467  conspicuously posting and repeatedly broadcasting the notice and
  468  the agenda on a closed-circuit cable television system serving
  469  the condominium association. However, if broadcast notice is
  470  used in lieu of a notice posted physically on the condominium
  471  property, the notice and agenda must be broadcast at least four
  472  times every broadcast hour of each day that a posted notice is
  473  otherwise required under this section. If broadcast notice is
  474  provided, the notice and agenda must be broadcast in a manner
  475  and for a sufficient continuous length of time so as to allow an
  476  average reader to observe the notice and read and comprehend the
  477  entire content of the notice and the agenda. In addition to any
  478  of the authorized means of providing notice of a meeting of the
  479  board, the association may, by rule, adopt a procedure for
  480  conspicuously posting the meeting notice and the agenda on a
  481  website serving the condominium association for at least the
  482  minimum period of time for which a notice of a meeting is also
  483  required to be physically posted on the condominium property.
  484  Any rule adopted shall, in addition to other matters, include a
  485  requirement that the association send an electronic notice in
  486  the same manner as a notice for a meeting of the members, which
  487  must include a hyperlink to the website where the notice is
  488  posted, to unit owners whose e-mail addresses are included in
  489  the association’s official records. Unless a unit owner waives
  490  in writing the right to receive notice of the annual meeting,
  491  such notice must be hand delivered, mailed, or electronically
  492  transmitted to each unit owner. Notice for meetings and notice
  493  for all other purposes must be mailed to each unit owner at the
  494  address last furnished to the association by the unit owner, or
  495  hand delivered to each unit owner. However, if a unit is owned
  496  by more than one person, the association must provide notice to
  497  the address that the developer identifies for that purpose and
  498  thereafter as one or more of the owners of the unit advise the
  499  association in writing, or if no address is given or the owners
  500  of the unit do not agree, to the address provided on the deed of
  501  record. An officer of the association, or the manager or other
  502  person providing notice of the association meeting, must provide
  503  an affidavit or United States Postal Service certificate of
  504  mailing, to be included in the official records of the
  505  association affirming that the notice was mailed or hand
  506  delivered in accordance with this provision.
  507         4. The members of the board of a residential condominium
  508  shall be elected by written ballot or voting machine. Proxies
  509  may not be used in electing the board in general elections or
  510  elections to fill vacancies caused by recall, resignation, or
  511  otherwise, unless otherwise provided in this chapter. This
  512  subparagraph does not apply to an association governing a
  513  timeshare condominium.
  514         a. At least 60 days before a scheduled election, the
  515  association shall mail, deliver, or electronically transmit, by
  516  separate association mailing or included in another association
  517  mailing, delivery, or transmission, including regularly
  518  published newsletters, to each unit owner entitled to a vote, a
  519  first notice of the date of the election. A unit owner or other
  520  eligible person desiring to be a candidate for the board must
  521  give written notice of his or her intent to be a candidate to
  522  the association at least 40 days before a scheduled election.
  523  Together with the written notice and agenda as set forth in
  524  subparagraph 3., the association shall mail, deliver, or
  525  electronically transmit a second notice of the election to all
  526  unit owners entitled to vote, together with a ballot that lists
  527  all candidates not less than 14 days or more than 34 days before
  528  the date of the election. Upon request of a candidate, an
  529  information sheet, no larger than 8 1/2 inches by 11 inches,
  530  which must be furnished by the candidate at least 35 days before
  531  the election, must be included with the mailing, delivery, or
  532  transmission of the ballot, with the costs of mailing, delivery,
  533  or electronic transmission and copying to be borne by the
  534  association. The association is not liable for the contents of
  535  the information sheets prepared by the candidates. In order to
  536  reduce costs, the association may print or duplicate the
  537  information sheets on both sides of the paper. The division
  538  shall by rule establish voting procedures consistent with this
  539  sub-subparagraph, including rules establishing procedures for
  540  giving notice by electronic transmission and rules providing for
  541  the secrecy of ballots. Elections shall be decided by a
  542  plurality of ballots cast. There is no quorum requirement;
  543  however, at least 20 percent of the eligible voters must cast a
  544  ballot in order to have a valid election. A unit owner may not
  545  authorize any other person to vote his or her ballot, and any
  546  ballots improperly cast are invalid. A unit owner who violates
  547  this provision may be fined by the association in accordance
  548  with s. 718.303. A unit owner who needs assistance in casting
  549  the ballot for the reasons stated in s. 101.051 may obtain such
  550  assistance. The regular election must occur on the date of the
  551  annual meeting. Notwithstanding this sub-subparagraph, an
  552  election is not required unless more candidates file notices of
  553  intent to run or are nominated than board vacancies exist.
  554         b. Within 90 days after being elected or appointed to the
  555  board of an association of a residential condominium, each newly
  556  elected or appointed director shall certify in writing to the
  557  secretary of the association that he or she has read the
  558  association’s declaration of condominium, articles of
  559  incorporation, bylaws, and current written policies; that he or
  560  she will work to uphold such documents and policies to the best
  561  of his or her ability; and that he or she will faithfully
  562  discharge his or her fiduciary responsibility to the
  563  association’s members. In lieu of this written certification,
  564  within 90 days after being elected or appointed to the board,
  565  the newly elected or appointed director may submit a certificate
  566  of having satisfactorily completed the educational curriculum
  567  administered by a division-approved condominium education
  568  provider within 1 year before or 90 days after the date of
  569  election or appointment. The written certification or
  570  educational certificate is valid and does not have to be
  571  resubmitted as long as the director serves on the board without
  572  interruption. A director of an association of a residential
  573  condominium who fails to timely file the written certification
  574  or educational certificate is suspended from service on the
  575  board until he or she complies with this sub-subparagraph. The
  576  board may temporarily fill the vacancy during the period of
  577  suspension. The secretary shall cause the association to retain
  578  a director’s written certification or educational certificate
  579  for inspection by the members for 5 years after a director’s
  580  election or the duration of the director’s uninterrupted tenure,
  581  whichever is longer. Failure to have such written certification
  582  or educational certificate on file does not affect the validity
  583  of any board action.
  584         c. Any challenge to the election process must be commenced
  585  within 60 days after the election results are announced.
  586         5. Any approval by unit owners called for by this chapter
  587  or the applicable declaration or bylaws, including, but not
  588  limited to, the approval requirement in s. 718.111(8), must be
  589  made at a duly noticed meeting of unit owners and is subject to
  590  all requirements of this chapter or the applicable condominium
  591  documents relating to unit owner decisionmaking, except that
  592  unit owners may take action by written agreement, without
  593  meetings, on matters for which action by written agreement
  594  without meetings is expressly allowed by the applicable bylaws
  595  or declaration or any law that provides for such action.
  596         6. Unit owners may waive notice of specific meetings if
  597  allowed by the applicable bylaws or declaration or any law.
  598  Notice of meetings of the board of administration, unit owner
  599  meetings, except unit owner meetings called to recall board
  600  members under paragraph (j), and committee meetings may be given
  601  by electronic transmission to unit owners who consent to receive
  602  notice by electronic transmission. A unit owner who consents to
  603  receiving notices by electronic transmission is solely
  604  responsible for removing or bypassing filters that block receipt
  605  of mass e-mails emails sent to members on behalf of the
  606  association in the course of giving electronic notices.
  607         7. Unit owners have the right to participate in meetings of
  608  unit owners with reference to all designated agenda items.
  609  However, the association may adopt reasonable rules governing
  610  the frequency, duration, and manner of unit owner participation.
  611         8. A unit owner may tape record or videotape a meeting of
  612  the unit owners subject to reasonable rules adopted by the
  613  division.
  614         9. Unless otherwise provided in the bylaws, any vacancy
  615  occurring on the board before the expiration of a term may be
  616  filled by the affirmative vote of the majority of the remaining
  617  directors, even if the remaining directors constitute less than
  618  a quorum, or by the sole remaining director. In the alternative,
  619  a board may hold an election to fill the vacancy, in which case
  620  the election procedures must conform to sub-subparagraph 4.a.
  621  unless the association governs 10 units or fewer and has opted
  622  out of the statutory election process, in which case the bylaws
  623  of the association control. Unless otherwise provided in the
  624  bylaws, a board member appointed or elected under this section
  625  shall fill the vacancy for the unexpired term of the seat being
  626  filled. Filling vacancies created by recall is governed by
  627  paragraph (j) and rules adopted by the division.
  628         10. This chapter does not limit the use of general or
  629  limited proxies, require the use of general or limited proxies,
  630  or require the use of a written ballot or voting machine for any
  631  agenda item or election at any meeting of a timeshare
  632  condominium association or nonresidential condominium
  633  association.
  634  
  635  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  636  association of 10 or fewer units may, by affirmative vote of a
  637  majority of the total voting interests, provide for different
  638  voting and election procedures in its bylaws, which may be by a
  639  proxy specifically delineating the different voting and election
  640  procedures. The different voting and election procedures may
  641  provide for elections to be conducted by limited or general
  642  proxy.
  643         (i) Transfer fees.An association may not no charge an
  644  applicant any fees, except the actual costs of any background
  645  check or screening performed shall be made by the association,
  646  or any body thereof in connection with the sale, mortgage,
  647  lease, sublease, or other transfer of a unit unless the
  648  association is required to approve such transfer and a fee for
  649  such approval is provided for in the declaration, articles, or
  650  bylaws. Except for the actual costs of any background check or
  651  screening performed by the association, any such fee may be
  652  preset, but may not in no event may such fee exceed $100 per
  653  applicant other than a husband and wife or parent and dependent
  654  child husband/wife or parent/dependent child, which are
  655  considered one applicant. However, if the lease or sublease is a
  656  renewal of a lease or sublease with the same lessee or
  657  sublessee, a charge may not no charge shall be made. The
  658  foregoing notwithstanding, an association may, if the authority
  659  to do so appears in the declaration, articles, or bylaws,
  660  require that a prospective lessee place a security deposit, in
  661  an amount not to exceed the equivalent of 1 month’s rent, into
  662  an escrow account maintained by the association. The security
  663  deposit shall protect against damages to the common elements or
  664  association property. Payment of interest, claims against the
  665  deposit, refunds, and disputes under this paragraph shall be
  666  handled in the same fashion as provided in part II of chapter
  667  83.
  668         (j) Recall of board members.—Subject to s. 718.301, any
  669  member of the board of administration may be recalled and
  670  removed from office with or without cause by the vote or
  671  agreement in writing by a majority of all the voting interests.
  672  A special meeting of the unit owners to recall a member or
  673  members of the board of administration may be called by 10
  674  percent of the voting interests giving notice of the meeting as
  675  required for a meeting of unit owners, and the notice shall
  676  state the purpose of the meeting. Electronic transmission may
  677  not be used as a method of giving notice of a meeting called in
  678  whole or in part for this purpose.
  679         1. If the recall is approved by a majority of all voting
  680  interests by a vote at a meeting, the recall will be effective
  681  as provided in this paragraph. The board shall duly notice and
  682  hold a board meeting within 5 full business days after the
  683  adjournment of the unit owner meeting to recall one or more
  684  board members. Such member or members shall be recalled
  685  effective immediately upon conclusion of the board meeting,
  686  provided that the recall is facially valid. A recalled member
  687  must turn over to the board, within 10 full business days after
  688  the vote, any and all records and property of the association in
  689  his or her their possession.
  690         2. If the proposed recall is by an agreement in writing by
  691  a majority of all voting interests, the agreement in writing or
  692  a copy thereof shall be served on the association by certified
  693  mail or by personal service in the manner authorized by chapter
  694  48 and the Florida Rules of Civil Procedure. The board of
  695  administration shall duly notice and hold a meeting of the board
  696  within 5 full business days after receipt of the agreement in
  697  writing. Such member or members shall be recalled effective
  698  immediately upon the conclusion of the board meeting, provided
  699  that the recall is facially valid. A recalled member must turn
  700  over to the board, within 10 full business days, any and all
  701  records and property of the association in his or her their
  702  possession.
  703         3. If the board fails to duly notice and hold a board
  704  meeting within 5 full business days after service of an
  705  agreement in writing or within 5 full business days after the
  706  adjournment of the unit owner recall meeting, the recall is
  707  shall be deemed effective and the board members so recalled
  708  shall turn over to the board within 10 full business days after
  709  the vote any and all records and property of the association.
  710         4. If the board fails to duly notice and hold the required
  711  meeting or at the conclusion of the meeting determines that the
  712  recall is not facially valid, the unit owner representative may
  713  file a petition pursuant to s. 718.1255 challenging the board’s
  714  failure to act or challenging the board’s determination on
  715  facial validity. The petition must be filed within 60 days after
  716  the expiration of the applicable 5-full-business-day period. The
  717  review of a petition under this subparagraph is limited to the
  718  sufficiency of service on the board and the facial validity of
  719  the written agreement or ballots filed.
  720         5. If a vacancy occurs on the board as a result of a recall
  721  or removal and less than a majority of the board members are
  722  removed, the vacancy may be filled by the affirmative vote of a
  723  majority of the remaining directors, notwithstanding any
  724  provision to the contrary contained in this subsection. If
  725  vacancies occur on the board as a result of a recall and a
  726  majority or more of the board members are removed, the vacancies
  727  shall be filled in accordance with the bylaws procedural rules
  728  to be adopted by the division, which rules need not be
  729  consistent with this subsection. The rules must provide
  730  procedures governing the conduct of the recall election as well
  731  as the operation of the association during the period after a
  732  recall but before the recall election.
  733         6. A board member who has been recalled may file a petition
  734  pursuant to s. 718.1255 challenging the validity of the recall.
  735  The petition must be filed within 60 days after the recall. The
  736  association and the unit owner representative shall be named as
  737  the respondents. The petition may challenge the facial validity
  738  of the written agreement or ballots filed or the substantial
  739  compliance with the procedural requirements for the recall. If
  740  the arbitrator determines the recall was invalid, the
  741  petitioning board member shall immediately be reinstated and the
  742  recall is null and void. A board member who is successful in
  743  challenging a recall is entitled to recover reasonable attorney
  744  fees and costs from the respondents. The arbitrator may award
  745  reasonable attorney fees and costs to the respondents if they
  746  prevail, if the arbitrator makes a finding that the petitioner’s
  747  claim is frivolous.
  748         7. The division may not accept for filing a recall
  749  petition, whether filed pursuant to subparagraph 1.,
  750  subparagraph 2., subparagraph 4., or subparagraph 6., when there
  751  are 60 or fewer days until the scheduled reelection of the board
  752  member sought to be recalled or when 60 or fewer days have
  753  elapsed since the election of the board member sought to be
  754  recalled.
  755         (p)Service providers; conflicts of interest.—An
  756  association, which is not a timeshare condominium association,
  757  may not employ or contract with any service provider that is
  758  owned or operated by a board member or with any person who has a
  759  financial relationship with a board member or officer, or a
  760  relative within the third degree of consanguinity by blood or
  761  marriage of a board member or officer. This paragraph does not
  762  apply to a service provider in which a board member or officer,
  763  or a relative within the third degree of consanguinity by blood
  764  or marriage of a board member or officer, owns less than 1
  765  percent of the equity shares.
  766         Section 5. Paragraphs (a) and (c) of subsection (8) of
  767  section 718.113, Florida Statutes, are amended to read:
  768         718.113 Maintenance; limitation upon improvement; display
  769  of flag; hurricane shutters and protection; display of religious
  770  decorations.—
  771         (8) The Legislature finds that the use of electric vehicles
  772  conserves and protects the state’s environmental resources,
  773  provides significant economic savings to drivers, and serves an
  774  important public interest. The participation of condominium
  775  associations is essential to the state’s efforts to conserve and
  776  protect the state’s environmental resources and provide economic
  777  savings to drivers. Therefore, the installation of an electric
  778  vehicle charging station shall be governed as follows:
  779         (a) A declaration of condominium or restrictive covenant
  780  may not prohibit or be enforced so as to prohibit any unit owner
  781  from installing an electric vehicle charging station within the
  782  boundaries of the unit owner’s limited common element or
  783  exclusively designated parking area. The board of administration
  784  of a condominium association may not prohibit a unit owner from
  785  installing an electric vehicle charging station for an electric
  786  vehicle, as defined in s. 320.01, within the boundaries of his
  787  or her limited common element or exclusively designated parking
  788  area. The installation of such charging stations are subject to
  789  the provisions of this subsection.
  790         (c) The electricity for the electric vehicle charging
  791  station must be separately metered or must use an embedded meter
  792  and be payable by the unit owner installing such charging
  793  station.
  794         Section 6. Subsection (1) of section 718.1255, Florida
  795  Statutes, is amended to read:
  796         718.1255 Alternative dispute resolution; voluntary
  797  mediation; mandatory nonbinding arbitration; legislative
  798  findings.—
  799         (1) DEFINITIONS.—As used in this section, the term
  800  “dispute” means any disagreement between two or more parties
  801  that involves:
  802         (a) The authority of the board of directors, under this
  803  chapter or association document to:
  804         1. Require any owner to take any action, or not to take any
  805  action, involving that owner’s unit or the appurtenances
  806  thereto.
  807         2. Alter or add to a common area or element.
  808         (b) The failure of a governing body, when required by this
  809  chapter or an association document, to:
  810         1. Properly conduct elections.
  811         2. Maintain common elements, association property, or
  812  portions of the unit for which the association is responsible.
  813         3.2. Give adequate notice of meetings or other actions.
  814         4.3. Properly conduct meetings of the board and committees
  815  appointed by the board and membership meetings.
  816         5.4. Allow inspection of books and records.
  817         (c) A plan of termination pursuant to s. 718.117.
  818  
  819  “Dispute” does not include any disagreement that primarily
  820  involves: title to any unit or common element; the
  821  interpretation or enforcement of any warranty; the levy of a fee
  822  or assessment, or the collection of an assessment levied against
  823  a party; the eviction or other removal of a tenant from a unit;
  824  alleged breaches of fiduciary duty by one or more directors; or
  825  claims for damages to a unit based upon the alleged failure of
  826  the association to maintain the common elements or condominium
  827  property.
  828         Section 7. Subsection (1) and paragraph (b) of subsection
  829  (3) of section 718.303, Florida Statutes, are amended to read:
  830         718.303 Obligations of owners and occupants; remedies.—
  831         (1) Each unit owner, each tenant and other invitee, and
  832  each association is governed by, and must comply with the
  833  provisions of, this chapter, the declaration, the documents
  834  creating the association, and the association bylaws which are
  835  shall be deemed expressly incorporated into any lease of a unit.
  836  Actions at law or in equity for damages or for injunctive
  837  relief, or both, for failure to comply with these provisions may
  838  be brought by the association or by a unit owner against:
  839         (a) The association.
  840         (b) A unit owner.
  841         (c) Directors designated by the developer, for actions
  842  taken by them before control of the association is assumed by
  843  unit owners other than the developer.
  844         (d) Any director who willfully and knowingly fails to
  845  comply with these provisions.
  846         (e) Any tenant leasing a unit, and any other invitee
  847  occupying a unit.
  848  
  849  The prevailing party in any such action or in any action in
  850  which the purchaser claims a right of voidability based upon
  851  contractual provisions as required in s. 718.503(1)(a) is
  852  entitled to recover reasonable attorney attorney’s fees. A unit
  853  owner prevailing in an action between the association and the
  854  unit owner under this subsection section, in addition to
  855  recovering his or her reasonable attorney attorney’s fees, may
  856  recover additional amounts as determined by the court to be
  857  necessary to reimburse the unit owner for his or her share of
  858  assessments levied by the association to fund its expenses of
  859  the litigation. This relief does not exclude other remedies
  860  provided by law. Actions arising under this subsection are not
  861  considered may not be deemed to be actions for specific
  862  performance.
  863         (3) The association may levy reasonable fines for the
  864  failure of the owner of the unit or its occupant, licensee, or
  865  invitee to comply with any provision of the declaration, the
  866  association bylaws, or reasonable rules of the association. A
  867  fine may not become a lien against a unit. A fine may be levied
  868  by the board on the basis of each day of a continuing violation,
  869  with a single notice and opportunity for hearing before a
  870  committee as provided in paragraph (b). However, the fine may
  871  not exceed $100 per violation, or $1,000 in the aggregate.
  872         (b) A fine or suspension levied by the board of
  873  administration may not be imposed unless the board first
  874  provides at least 14 days’ written notice to the unit owner and,
  875  if applicable, any occupant, licensee, or invitee of the unit
  876  owner sought to be fined or suspended, and an opportunity for a
  877  hearing before a committee of at least three members appointed
  878  by the board who are not officers, directors, or employees of
  879  the association, or the spouse, parent, child, brother, or
  880  sister of an officer, director, or employee. The role of the
  881  committee is limited to determining whether to confirm or reject
  882  the fine or suspension levied by the board. If the committee
  883  does not approve the proposed fine or suspension by majority
  884  vote, the fine or suspension may not be imposed. If the proposed
  885  fine or suspension is approved by the committee, the fine
  886  payment is due 5 days after notice of the approved fine is
  887  provided to the unit owner and, if applicable, to any tenant,
  888  licensee, or invitee of the unit owner the date of the committee
  889  meeting at which the fine is approved. The association must
  890  provide written notice of such fine or suspension by mail or
  891  hand delivery to the unit owner and, if applicable, to any
  892  tenant, licensee, or invitee of the unit owner.
  893         Section 8. Section 718.5014, Florida Statutes, is amended
  894  to read:
  895         718.5014 Ombudsman location.—The ombudsman shall maintain
  896  his or her principal office in any Leon County on the premises
  897  of the division or, if suitable space cannot be provided there,
  898  at another place convenient to the offices of the division which
  899  will enable the ombudsman to expeditiously carry out the duties
  900  and functions of his or her office. The ombudsman may establish
  901  branch offices elsewhere in the state upon the concurrence of
  902  the Governor.
  903         Section 9. Subsection (25) of section 719.103, Florida
  904  Statutes, is amended to read:
  905         719.103 Definitions.—As used in this chapter:
  906         (25) “Unit” means a part of the cooperative property which
  907  is subject to exclusive use and possession. A unit may be
  908  improvements, land, or land and improvements together, as
  909  specified in the cooperative documents. An interest in a unit is
  910  an interest in real property.
  911         Section 10. Paragraph (c) of subsection (2) of section
  912  719.104, Florida Statutes, is amended to read:
  913         719.104 Cooperatives; access to units; records; financial
  914  reports; assessments; purchase of leases.—
  915         (2) OFFICIAL RECORDS.—
  916         (c) The official records of the association are open to
  917  inspection by any association member or the authorized
  918  representative of such member at all reasonable times. The right
  919  to inspect the records includes the right to make or obtain
  920  copies, at the reasonable expense, if any, of the association
  921  member. The association may adopt reasonable rules regarding the
  922  frequency, time, location, notice, and manner of record
  923  inspections and copying, but may not require a member to
  924  demonstrate any purpose or state any reason for the inspection.
  925  The failure of an association to provide the records within 10
  926  working days after receipt of a written request creates a
  927  rebuttable presumption that the association willfully failed to
  928  comply with this paragraph. A member unit owner who is denied
  929  access to official records is entitled to the actual damages or
  930  minimum damages for the association’s willful failure to comply.
  931  The minimum damages are $50 per calendar day for up to 10 days,
  932  beginning on the 11th working day after receipt of the written
  933  request. The failure to permit inspection entitles any person
  934  prevailing in an enforcement action to recover reasonable
  935  attorney fees from the person in control of the records who,
  936  directly or indirectly, knowingly denied access to the records.
  937  Any person who knowingly or intentionally defaces or destroys
  938  accounting records that are required by this chapter to be
  939  maintained during the period for which such records are required
  940  to be maintained, or who knowingly or intentionally fails to
  941  create or maintain accounting records that are required to be
  942  created or maintained, with the intent of causing harm to the
  943  association or one or more of its members, is personally subject
  944  to a civil penalty pursuant to s. 719.501(1)(d). The association
  945  shall maintain an adequate number of copies of the declaration,
  946  articles of incorporation, bylaws, and rules, and all amendments
  947  to each of the foregoing, as well as the question and answer
  948  sheet as described in s. 719.504 and year-end financial
  949  information required by the department, on the cooperative
  950  property to ensure their availability to members unit owners and
  951  prospective purchasers, and may charge its actual costs for
  952  preparing and furnishing these documents to those requesting the
  953  same. An association shall allow a member or his or her
  954  authorized representative to use a portable device, including a
  955  smartphone, tablet, portable scanner, or any other technology
  956  capable of scanning or taking photographs, to make an electronic
  957  copy of the official records in lieu of the association
  958  providing the member or his or her authorized representative
  959  with a copy of such records. The association may not charge a
  960  member or his or her authorized representative for the use of a
  961  portable device. Notwithstanding this paragraph, the following
  962  records shall not be accessible to members unit owners:
  963         1. Any record protected by the lawyer-client privilege as
  964  described in s. 90.502 and any record protected by the work
  965  product privilege, including any record prepared by an
  966  association attorney or prepared at the attorney’s express
  967  direction which reflects a mental impression, conclusion,
  968  litigation strategy, or legal theory of the attorney or the
  969  association, and which was prepared exclusively for civil or
  970  criminal litigation or for adversarial administrative
  971  proceedings, or which was prepared in anticipation of such
  972  litigation or proceedings until the conclusion of the litigation
  973  or proceedings.
  974         2. Information obtained by an association in connection
  975  with the approval of the lease, sale, or other transfer of a
  976  unit.
  977         3. Personnel records of association or management company
  978  employees, including, but not limited to, disciplinary, payroll,
  979  health, and insurance records. For purposes of this
  980  subparagraph, the term “personnel records” does not include
  981  written employment agreements with an association employee or
  982  management company, or budgetary or financial records that
  983  indicate the compensation paid to an association employee.
  984         4. Medical records of unit owners.
  985         5. Social security numbers, driver license numbers, credit
  986  card numbers, e-mail addresses, telephone numbers, facsimile
  987  numbers, emergency contact information, addresses of a unit
  988  owner other than as provided to fulfill the association’s notice
  989  requirements, and other personal identifying information of any
  990  person, excluding the person’s name, unit designation, mailing
  991  address, property address, and any address, e-mail address, or
  992  facsimile number provided to the association to fulfill the
  993  association’s notice requirements. Notwithstanding the
  994  restrictions in this subparagraph, an association may print and
  995  distribute to unit parcel owners a directory containing the
  996  name, unit parcel address, and all telephone numbers of each
  997  unit parcel owner. However, an owner may exclude his or her
  998  telephone numbers from the directory by so requesting in writing
  999  to the association. An owner may consent in writing to the
 1000  disclosure of other contact information described in this
 1001  subparagraph. The association is not liable for the inadvertent
 1002  disclosure of information that is protected under this
 1003  subparagraph if the information is included in an official
 1004  record of the association and is voluntarily provided by an
 1005  owner and not requested by the association.
 1006         6. Electronic security measures that are used by the
 1007  association to safeguard data, including passwords.
 1008         7. The software and operating system used by the
 1009  association which allow the manipulation of data, even if the
 1010  owner owns a copy of the same software used by the association.
 1011  The data is part of the official records of the association.
 1012         Section 11. Paragraphs (b) and (f) of subsection (1) of
 1013  section 719.106, Florida Statutes, are amended to read:
 1014         719.106 Bylaws; cooperative ownership.—
 1015         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1016  documents shall provide for the following, and if they do not,
 1017  they shall be deemed to include the following:
 1018         (b) Quorum; voting requirements; proxies.—
 1019         1. Unless otherwise provided in the bylaws, the percentage
 1020  of voting interests required to constitute a quorum at a meeting
 1021  of the members shall be a majority of voting interests, and
 1022  decisions shall be made by owners of a majority of the voting
 1023  interests. Unless otherwise provided in this chapter, or in the
 1024  articles of incorporation, bylaws, or other cooperative
 1025  documents, and except as provided in subparagraph (d)1.,
 1026  decisions shall be made by owners of a majority of the voting
 1027  interests represented at a meeting at which a quorum is present.
 1028         2. Except as specifically otherwise provided herein, after
 1029  January 1, 1992, unit owners may not vote by general proxy, but
 1030  may vote by limited proxies substantially conforming to a
 1031  limited proxy form adopted by the division. Limited proxies and
 1032  general proxies may be used to establish a quorum. Limited
 1033  proxies shall be used for votes taken to waive or reduce
 1034  reserves in accordance with subparagraph (j)2., for votes taken
 1035  to waive the financial reporting requirements of s.
 1036  719.104(4)(b), for votes taken to amend the articles of
 1037  incorporation or bylaws pursuant to this section, and for any
 1038  other matter for which this chapter requires or permits a vote
 1039  of the unit owners. Except as provided in paragraph (d), after
 1040  January 1, 1992, no proxy, limited or general, shall be used in
 1041  the election of board members. General proxies may be used for
 1042  other matters for which limited proxies are not required, and
 1043  may also be used in voting for nonsubstantive changes to items
 1044  for which a limited proxy is required and given. Notwithstanding
 1045  the provisions of this section, unit owners may vote in person
 1046  at unit owner meetings. Nothing contained herein shall limit the
 1047  use of general proxies or require the use of limited proxies or
 1048  require the use of limited proxies for any agenda item or
 1049  election at any meeting of a timeshare cooperative.
 1050         3. Any proxy given shall be effective only for the specific
 1051  meeting for which originally given and any lawfully adjourned
 1052  meetings thereof. In no event shall any proxy be valid for a
 1053  period longer than 90 days after the date of the first meeting
 1054  for which it was given. Every proxy shall be revocable at any
 1055  time at the pleasure of the unit owner executing it.
 1056         4. A member of the board of administration or a committee
 1057  may submit in writing his or her agreement or disagreement with
 1058  any action taken at a meeting that the member did not attend.
 1059  This agreement or disagreement may not be used as a vote for or
 1060  against the action taken and may not be used for the purposes of
 1061  creating a quorum.
 1062         5. A board or committee member’s participation in a meeting
 1063  via telephone, real-time video conferencing, or similar real
 1064  time electronic or video communication counts toward a quorum,
 1065  and such member may vote as if physically present When some or
 1066  all of the board or committee members meet by telephone
 1067  conference, those board or committee members attending by
 1068  telephone conference may be counted toward obtaining a quorum
 1069  and may vote by telephone. A telephone speaker must shall be
 1070  used utilized so that the conversation of such those board or
 1071  committee members attending by telephone may be heard by the
 1072  board or committee members attending in person, as well as by
 1073  any unit owners present at a meeting.
 1074         (f) Recall of board members.—Subject to s. 719.301, any
 1075  member of the board of administration may be recalled and
 1076  removed from office with or without cause by the vote or
 1077  agreement in writing by a majority of all the voting interests.
 1078  A special meeting of the voting interests to recall any member
 1079  of the board of administration may be called by 10 percent of
 1080  the unit owners giving notice of the meeting as required for a
 1081  meeting of unit owners, and the notice shall state the purpose
 1082  of the meeting. Electronic transmission may not be used as a
 1083  method of giving notice of a meeting called in whole or in part
 1084  for this purpose.
 1085         1. If the recall is approved by a majority of all voting
 1086  interests by a vote at a meeting, the recall shall be effective
 1087  as provided in this paragraph. The board shall duly notice and
 1088  hold a board meeting within 5 full business days after the
 1089  adjournment of the unit owner meeting to recall one or more
 1090  board members. At the meeting, the board shall either certify
 1091  the recall, in which case such member or members shall be
 1092  recalled effective immediately and shall turn over to the board
 1093  within 5 full business days any and all records and property of
 1094  the association in their possession, or shall proceed as set
 1095  forth in subparagraph 4. subparagraph 3.
 1096         2. If the proposed recall is by an agreement in writing by
 1097  a majority of all voting interests, the agreement in writing or
 1098  a copy thereof shall be served on the association by certified
 1099  mail or by personal service in the manner authorized by chapter
 1100  48 and the Florida Rules of Civil Procedure. The board of
 1101  administration shall duly notice and hold a meeting of the board
 1102  within 5 full business days after receipt of the agreement in
 1103  writing. Such member or members shall be recalled effective
 1104  immediately upon the conclusion of the board meeting, provided
 1105  that the recall is facially valid. A recalled member shall turn
 1106  over to the board within 10 full business days after the date of
 1107  the recall any and all records and property of the association
 1108  in his or her possession At the meeting, the board shall either
 1109  certify the written agreement to recall members of the board, in
 1110  which case such members shall be recalled effective immediately
 1111  and shall turn over to the board, within 5 full business days,
 1112  any and all records and property of the association in their
 1113  possession, or proceed as described in subparagraph 3.
 1114         3.If the board determines not to certify the written
 1115  agreement to recall members of the board, or does not certify
 1116  the recall by a vote at a meeting, the board shall, within 5
 1117  full business days after the board meeting, file with the
 1118  division a petition for binding arbitration pursuant to the
 1119  procedures of s. 719.1255. For purposes of this paragraph, the
 1120  unit owners who voted at the meeting or who executed the
 1121  agreement in writing shall constitute one party under the
 1122  petition for arbitration. If the arbitrator certifies the recall
 1123  as to any member of the board, the recall shall be effective
 1124  upon mailing of the final order of arbitration to the
 1125  association. If the association fails to comply with the order
 1126  of the arbitrator, the division may take action pursuant to s.
 1127  719.501. Any member so recalled shall deliver to the board any
 1128  and all records and property of the association in the member’s
 1129  possession within 5 full business days after the effective date
 1130  of the recall.
 1131         3.4. If the board fails to duly notice and hold a board
 1132  meeting within 5 full business days after service of an
 1133  agreement in writing or within 5 full business days after the
 1134  adjournment of the unit owner recall meeting, the recall is
 1135  shall be deemed effective and the board members so recalled
 1136  shall immediately turn over to the board any and all records and
 1137  property of the association.
 1138         4.5. If the board fails to duly notice and hold the
 1139  required meeting or fails to file the required petition, the
 1140  unit owner representative may file a petition pursuant to s.
 1141  719.1255 challenging the board’s failure to act. The petition
 1142  must be filed within 60 days after the expiration of the
 1143  applicable 5-full-business-day period. The review of a petition
 1144  under this subparagraph is limited to the sufficiency of service
 1145  on the board and the facial validity of the written agreement or
 1146  ballots filed.
 1147         5.6. If a vacancy occurs on the board as a result of a
 1148  recall and less than a majority of the board members are
 1149  removed, the vacancy may be filled by the affirmative vote of a
 1150  majority of the remaining directors, notwithstanding any
 1151  provision to the contrary contained in this subsection chapter.
 1152  If vacancies occur on the board as a result of a recall and a
 1153  majority or more of the board members are removed, the vacancies
 1154  must shall be filled in accordance with the bylaws procedural
 1155  rules to be adopted by the division, which rules need not be
 1156  consistent with this chapter. The rules must provide procedures
 1157  governing the conduct of the recall election as well as the
 1158  operation of the association during the period after a recall
 1159  but before the recall election.
 1160         6.7. A board member who has been recalled may file a
 1161  petition pursuant to s. 719.1255 challenging the validity of the
 1162  recall. The petition must be filed within 60 days after the
 1163  recall is deemed certified. The association and the unit owner
 1164  representative shall be named as the respondents.
 1165         7.8. The division may not accept for filing a recall
 1166  petition, whether filed pursuant to subparagraph 1.,
 1167  subparagraph 2., subparagraph 4., or subparagraph 6.
 1168  subparagraph 5., or subparagraph 7. and regardless of whether
 1169  the recall was certified, when there are 60 or fewer days until
 1170  the scheduled reelection of the board member sought to be
 1171  recalled or when 60 or fewer days have not elapsed since the
 1172  election of the board member sought to be recalled.
 1173         Section 12. Paragraph (c) of subsection (2) and paragraph
 1174  (l) of subsection (4) of section 720.303, Florida Statutes, are
 1175  amended, and paragraph (m) is added to subsection (4) of that
 1176  section, to read:
 1177         720.303 Association powers and duties; meetings of board;
 1178  official records; budgets; financial reporting; association
 1179  funds; recalls.—
 1180         (2) BOARD MEETINGS.—
 1181         (c) The bylaws shall provide the following for giving
 1182  notice to parcel owners and members of all board meetings and,
 1183  if they do not do so, shall be deemed to include the following:
 1184         1. Notices of all board meetings must be posted in a
 1185  conspicuous place in the community at least 48 hours in advance
 1186  of a meeting, except in an emergency. In the alternative, if
 1187  notice is not posted in a conspicuous place in the community,
 1188  notice of each board meeting must be mailed or delivered to each
 1189  member at least 7 days before the meeting, except in an
 1190  emergency. Notwithstanding this general notice requirement, for
 1191  communities with more than 100 members, the association bylaws
 1192  may provide for a reasonable alternative to posting or mailing
 1193  of notice for each board meeting, including publication of
 1194  notice, provision of a schedule of board meetings, or the
 1195  conspicuous posting and repeated broadcasting of the notice on a
 1196  closed-circuit cable television system serving the homeowners’
 1197  association. However, if broadcast notice is used in lieu of a
 1198  notice posted physically in the community, the notice must be
 1199  broadcast at least four times every broadcast hour of each day
 1200  that a posted notice is otherwise required. When broadcast
 1201  notice is provided, the notice and agenda must be broadcast in a
 1202  manner and for a sufficient continuous length of time so as to
 1203  allow an average reader to observe the notice and read and
 1204  comprehend the entire content of the notice and the agenda. In
 1205  addition to any of the authorized means of providing notice of a
 1206  meeting of the board, the association may, by rule, adopt a
 1207  procedure for conspicuously posting the meeting notice and the
 1208  agenda on a website serving the association for at least the
 1209  minimum period of time for which a notice of a meeting is also
 1210  required to be physically posted on the association property.
 1211  Any rule adopted shall, in addition to other matters, include a
 1212  requirement that the association send an electronic notice in
 1213  the same manner as is required for a notice for a meeting of the
 1214  members, which must include a hyperlink to the website where the
 1215  notice is posted, to members whose e-mail addresses are included
 1216  in the association’s official records. The association may
 1217  provide notice by electronic transmission in a manner authorized
 1218  by law for meetings of the board of directors, committee
 1219  meetings requiring notice under this section, and annual and
 1220  special meetings of the members to any member who has provided a
 1221  facsimile number or e-mail address to the association to be used
 1222  for such purposes; however, a member must consent in writing to
 1223  receiving notice by electronic transmission.
 1224         2. An assessment may not be levied at a board meeting
 1225  unless the notice of the meeting includes a statement that
 1226  assessments will be considered and the nature of the
 1227  assessments. Written notice of any meeting at which special
 1228  assessments will be considered or at which amendments to rules
 1229  regarding parcel use will be considered must be mailed,
 1230  delivered, or electronically transmitted to the members and
 1231  parcel owners and posted conspicuously on the property or
 1232  broadcast on closed-circuit cable television not less than 14
 1233  days before the meeting.
 1234         3. Directors may not vote by proxy or by secret ballot at
 1235  board meetings, except that secret ballots may be used in the
 1236  election of officers. This subsection also applies to the
 1237  meetings of any committee or other similar body, when a final
 1238  decision will be made regarding the expenditure of association
 1239  funds, and to any body vested with the power to approve or
 1240  disapprove architectural decisions with respect to a specific
 1241  parcel of residential property owned by a member of the
 1242  community.
 1243         (4) OFFICIAL RECORDS.—The association shall maintain each
 1244  of the following items, when applicable, which constitute the
 1245  official records of the association:
 1246         (l) Ballots, sign-in sheets, voting proxies, and all other
 1247  papers and electronic records relating to voting by parcel
 1248  owners, which shall be maintained for at least 1 year after the
 1249  date of the election, vote, or meeting to which the document
 1250  relates.
 1251         (m) All other written records of the association not
 1252  specifically included in paragraphs (a) through (l) the
 1253  foregoing which are related to the operation of the association.
 1254         Section 13. Subsections (1) and (2) of section 720.305,
 1255  Florida Statutes, are amended to read:
 1256         720.305 Obligations of members; remedies at law or in
 1257  equity; levy of fines and suspension of use rights.—
 1258         (1) Each member and the member’s tenants, guests, and
 1259  invitees, and each association, are governed by, and must comply
 1260  with, this chapter and, the governing documents of the
 1261  community, and the rules of the association. Actions at law or
 1262  in equity, or both, to redress alleged failure or refusal to
 1263  comply with these provisions may be brought by the association
 1264  or by any member against:
 1265         (a) The association;
 1266         (b) A member;
 1267         (c) Any director or officer of an association who willfully
 1268  and knowingly fails to comply with these provisions; and
 1269         (d) Any tenants, guests, or invitees occupying a parcel or
 1270  using the common areas.
 1271  
 1272  The prevailing party in any such litigation is entitled to
 1273  recover reasonable attorney fees and costs. A member prevailing
 1274  in an action between the association and the member under this
 1275  section, in addition to recovering his or her reasonable
 1276  attorney fees, may recover additional amounts as determined by
 1277  the court to be necessary to reimburse the member for his or her
 1278  share of assessments levied by the association to fund its
 1279  expenses of the litigation. This relief does not exclude other
 1280  remedies provided by law. This section does not deprive any
 1281  person of any other available right or remedy.
 1282         (2) An The association may levy reasonable fines. A fine
 1283  may not exceed $100 per violation against any member or any
 1284  member’s tenant, guest, or invitee for the failure of the owner
 1285  of the parcel or its occupant, licensee, or invitee to comply
 1286  with any provision of the governing documents declaration, the
 1287  association bylaws, or reasonable rules of the association
 1288  unless otherwise provided in the governing documents. A fine may
 1289  be levied by the board for each day of a continuing violation,
 1290  with a single notice and opportunity for hearing, except that
 1291  the fine may not exceed $1,000 in the aggregate unless otherwise
 1292  provided in the governing documents. A fine of less than $1,000
 1293  may not become a lien against a parcel. In any action to recover
 1294  a fine, the prevailing party is entitled to reasonable attorney
 1295  fees and costs from the nonprevailing party as determined by the
 1296  court.
 1297         (a) An association may suspend, for a reasonable period of
 1298  time, the right of a member, or a member’s tenant, guest, or
 1299  invitee, to use common areas and facilities for the failure of
 1300  the owner of the parcel or its occupant, licensee, or invitee to
 1301  comply with any provision of the declaration, the association
 1302  bylaws, or reasonable rules of the association. This paragraph
 1303  does not apply to that portion of common areas used to provide
 1304  access or utility services to the parcel. A suspension may not
 1305  prohibit an owner or tenant of a parcel from having vehicular
 1306  and pedestrian ingress to and egress from the parcel, including,
 1307  but not limited to, the right to park.
 1308         (b) A fine or suspension levied by the board of
 1309  administration may not be imposed unless the board first
 1310  provides at least 14 days’ notice to the parcel owner and, if
 1311  applicable, any occupant, licensee, or invitee of the parcel
 1312  owner, sought to be fined or suspended and an opportunity for a
 1313  hearing before a committee of at least three members appointed
 1314  by the board who are not officers, directors, or employees of
 1315  the association, or the spouse, parent, child, brother, or
 1316  sister of an officer, director, or employee. If the committee,
 1317  by majority vote, does not approve a proposed fine or
 1318  suspension, the proposed fine or suspension may not be imposed.
 1319  The role of the committee is limited to determining whether to
 1320  confirm or reject the fine or suspension levied by the board. If
 1321  the proposed fine or suspension levied by the board is approved
 1322  by the committee, the fine payment is due 5 days after notice of
 1323  the approved fine is provided to the parcel owner and, if
 1324  applicable, to any occupant, licensee, or invitee of the parcel
 1325  owner the date of the committee meeting at which the fine is
 1326  approved. The association must provide written notice of such
 1327  fine or suspension by mail or hand delivery to the parcel owner
 1328  and, if applicable, to any occupant tenant, licensee, or invitee
 1329  of the parcel owner.
 1330         Section 14. Paragraph (g) of subsection (1) of section
 1331  720.306, Florida Statutes, is amended to read:
 1332         720.306 Meetings of members; voting and election
 1333  procedures; amendments.—
 1334         (1) QUORUM; AMENDMENTS.—
 1335         (g) A notice required under this section must be mailed or
 1336  delivered to the address identified as the parcel owner’s
 1337  mailing address in the official records of the association as
 1338  required under s. 720.303(4) on the property appraiser’s website
 1339  for the county in which the parcel is located, or electronically
 1340  transmitted in a manner authorized by the association if the
 1341  parcel owner has consented, in writing, to receive notice by
 1342  electronic transmission.
 1343         Section 15. Subsections (1) and (2) of section 720.311,
 1344  Florida Statutes, are redesignated as subsections (2) and (3),
 1345  respectively, a new subsection (1) is added to that section, and
 1346  present subsection (2) is amended, to read:
 1347         720.311 Dispute resolution.—
 1348         (1)(a)As used in this section, the term “dispute” means
 1349  any disagreement between two or more parties which involves:
 1350         1.The authority of the board of directors, under this
 1351  chapter or an association document, to:
 1352         a.Require any owner to take any action, or not to take any
 1353  action, involving that owner’s parcel.
 1354         b.Alter or add to a common area.
 1355         2.The failure of a governing body, when required by this
 1356  chapter or an association document, to:
 1357         a.Properly enforce the governing documents.
 1358         b.Provide adequate notice of meetings or other actions.
 1359         c.Properly conduct meetings of the board and committees
 1360  appointed by the board and membership meetings. This sub
 1361  subparagraph does not apply to elections held at a meeting.
 1362         d.Maintain a common area.
 1363         (b)The term “dispute” does not include any disagreement
 1364  that primarily involves:
 1365         1.Title to any parcel or common area;
 1366         2.The interpretation or enforcement of any warranty;
 1367         3.The levy of a fee or assessment or the collection of an
 1368  assessment levied against a party;
 1369         4.The eviction or removal of an occupant, licensee, or
 1370  invitee from a parcel;
 1371         5.An alleged breach of fiduciary duty by one or more
 1372  directors; or
 1373         6.Claims for damages to a parcel based upon the alleged
 1374  failure of the association to maintain the common areas or
 1375  association property.
 1376         (3)(a)1.(2)(a) Disputes between an association and a parcel
 1377  owner regarding use of or changes to the parcel or the common
 1378  areas and other covenant enforcement disputes, disputes
 1379  regarding amendments to the association documents, disputes
 1380  regarding meetings of the board and committees appointed by the
 1381  board, membership meetings not including election meetings, and
 1382  access to the official records of the association shall be the
 1383  subject of a demand for presuit mediation served by an aggrieved
 1384  party before the dispute is filed in court. Presuit mediation
 1385  proceedings must be conducted in accordance with the applicable
 1386  rules of the Florida Rules of Civil Procedure and chapter 44,
 1387  and these proceedings are privileged and confidential to the
 1388  same extent as court-ordered mediation. Disputes subject to
 1389  presuit mediation under this section may shall not include the
 1390  collection of any assessment, fine, or other financial
 1391  obligation, including attorney attorney’s fees and costs,
 1392  claimed to be due or any action to enforce a prior mediation
 1393  settlement agreement between the parties. Also, In any dispute
 1394  subject to presuit mediation under this section where
 1395  preliminary injunctive emergency relief is required, a motion
 1396  for temporary injunctive relief may be filed with the court
 1397  without first complying with the presuit mediation requirements
 1398  of this section. After any issues regarding preliminary
 1399  injunctive emergency or temporary relief are resolved, the court
 1400  may either refer the parties to a mediation program administered
 1401  by the courts or require mediation under this section. An
 1402  arbitrator or judge may not consider any information or evidence
 1403  arising from the presuit mediation proceeding except in a
 1404  proceeding to impose sanctions for failure to attend a presuit
 1405  mediation session or to enforce a mediated settlement agreement.
 1406  Persons who are not parties to the dispute may not attend the
 1407  presuit mediation conference without the consent of all parties,
 1408  except for counsel for the parties, and a corporate
 1409  representative designated by the association, and a
 1410  representative from the association’s insurance carrier, if
 1411  applicable. When mediation is attended by a quorum of the board,
 1412  such mediation is not a board meeting for purposes of notice and
 1413  participation set forth in s. 720.303. An aggrieved party shall
 1414  serve on the responding party a written demand to participate in
 1415  presuit mediation in substantially the following form:
 1416  
 1417                   STATUTORY OFFER TO PARTICIPATE                  
 1418                        IN PRESUIT MEDIATION                       
 1419  
 1420         The alleged aggrieved party, ................, hereby
 1421         demands that ................, as the responding
 1422         party, engage in mandatory presuit mediation in
 1423         connection with the following disputes, which by
 1424         statute are of a type that are subject to presuit
 1425         mediation:
 1426  
 1427         (List specific nature of the dispute or disputes to be
 1428         mediated and the authority supporting a finding of a
 1429         violation as to each dispute.)
 1430  
 1431         Pursuant to section 720.311, Florida Statutes, this
 1432         demand to resolve the dispute through presuit
 1433         mediation is required before a lawsuit can be filed
 1434         concerning the dispute. Pursuant to the statute, the
 1435         parties are required to engage in presuit mediation
 1436         with a neutral third-party mediator in order to
 1437         attempt to resolve this dispute without court action,
 1438         and the aggrieved party demands that you likewise
 1439         agree to this process. If you fail to participate in
 1440         the mediation process, suit may be brought against you
 1441         without further warning.
 1442  
 1443         The process of mediation involves a supervised
 1444         negotiation process in which a trained, neutral third
 1445         party mediator meets with both parties and assists
 1446         them in exploring possible opportunities for resolving
 1447         part or all of the dispute. By agreeing to participate
 1448         in presuit mediation, you are not bound in any way to
 1449         change your position. Furthermore, the mediator has no
 1450         authority to make any decisions in this matter or to
 1451         determine who is right or wrong and merely acts as a
 1452         facilitator to ensure that each party understands the
 1453         position of the other party and that all options for
 1454         reasonable settlement are fully explored.
 1455  
 1456         If an agreement is reached, it must shall be reduced
 1457         to writing and signed, at which time the agreement
 1458         becomes a binding and enforceable contract between
 1459         commitment of the parties. A resolution of one or more
 1460         disputes in this fashion avoids the need to litigate
 1461         those these issues in court. The failure to reach an
 1462         agreement, or the failure of a party to participate in
 1463         the process or the failure of the parties to reach an
 1464         agreement during the mediation process, results in the
 1465         aggrieved party being able to mediator declaring an
 1466         impasse in the mediation, after which the aggrieved
 1467         party may proceed to court on all outstanding and,
 1468         unsettled disputes. If you fail or refuse have failed
 1469         or refused to participate in the entire mediation
 1470         process, you will not be entitled to recover attorney
 1471         attorney’s fees, even if you prevail.
 1472  
 1473         The aggrieved party has selected and hereby lists five
 1474         circuit court civil certified mediators certified by
 1475         the Florida Supreme Court who the aggrieved party
 1476         believes we believe to be neutral and qualified to
 1477         mediate the dispute. You have the right to select any
 1478         one of these mediators. The fact that one party may be
 1479         familiar with one or more of the listed mediators does
 1480         not mean that the mediator cannot act as a neutral and
 1481         impartial facilitator. Any mediator who cannot act in
 1482         this capacity is required ethically to decline to
 1483         accept engagement. The mediators that we suggest, and
 1484         their current hourly rates, are as follows:
 1485  
 1486         (List the names, physical addresses, e-mail addresses,
 1487         telephone numbers, and hourly rates of the mediators.
 1488         Other pertinent information about the backgrounds
 1489         background of the mediators may be included as an
 1490         attachment, including whether the mediator is board
 1491         certified by The Florida Bar in any practice area.)
 1492  
 1493         By mutual agreement, and before accepting presuit
 1494         mediation, we can also select mediators other than the
 1495         Supreme Court-certified circuit court civil mediators
 1496         named above as alternates to the above-named
 1497         mediators. The alternate mediators are not required to
 1498         be Supreme Court-certified circuit court civil
 1499         mediators. The alternate mediators that we suggest,
 1500         and their hourly rates, are as follows:
 1501         (List the names, physical addresses, e-mail addresses,
 1502         telephone numbers, and hourly rates of the alternate
 1503         mediators. Other pertinent information about the
 1504         backgrounds of the alternate mediators may be included
 1505         as an attachment.)
 1506  
 1507         You may contact the offices of these mediators to
 1508         confirm that the listed mediators will be neutral and
 1509         will not show any favoritism toward either party. The
 1510         Florida Supreme Court can provide you a list of
 1511         certified mediators who are certified in the area of
 1512         circuit civil law.
 1513  
 1514         Unless otherwise agreed by the parties, section
 1515         720.311(2)(b), Florida Statutes, requires that the
 1516         parties share equally the costs of presuit mediation
 1517         equally, including the fee charged by the mediator. A
 1518         typical An average mediation may require three to four
 1519         hours of the mediator’s time, including some
 1520         preparation time, and the parties would need to share
 1521         equally the mediator’s fees as well as pay their own
 1522         attorney attorney’s fees if they choose to employ an
 1523         attorney in connection with the mediation. However,
 1524         use of an attorney is not required and is at the
 1525         option of each party. The mediators may require the
 1526         advance payment of some or all of the anticipated
 1527         fees. The aggrieved party hereby agrees to pay or
 1528         prepay one-half of the mediator’s estimated fees and
 1529         to forward this amount or such other reasonable
 1530         advance deposits as the mediator requires for this
 1531         purpose. Any funds deposited will be returned to you
 1532         if these are in excess of your share of the fees
 1533         incurred.
 1534  
 1535         To begin your participation in presuit mediation to
 1536         try to resolve the dispute and avoid further legal
 1537         action, please sign below and clearly indicate which
 1538         mediator is acceptable to you. We will then ask the
 1539         mediator to schedule a mutually convenient time and
 1540         place for the mediation conference to be held. The
 1541         mediation conference must be held within 90 ninety
 1542         (90) days after the date of acceptance of presuit
 1543         mediation of this date, unless extended by mutual
 1544         written agreement. In the event that you fail to
 1545         respond within 30 days after 20 days from the date of
 1546         this letter, or if you fail to agree to at least one
 1547         of the mediators that we have suggested or to pay or
 1548         prepay to the mediator one-half of the costs involved,
 1549         the aggrieved party will be authorized to proceed with
 1550         the filing of a lawsuit against you without further
 1551         notice and may seek an award of attorney attorney’s
 1552         fees or costs incurred in attempting to obtain
 1553         mediation.
 1554  
 1555         Therefore, please give this matter your immediate
 1556         attention. By law, your response must be mailed by
 1557         certified mail, return receipt requested, and by
 1558         first-class mail to the address shown on this demand.
 1559  
 1560         ........................
 1561         ........................
 1562  
 1563         RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR
 1564         AGREEMENT TO THAT CHOICE.
 1565  
 1566         AGREEMENT TO MEDIATE
 1567         The undersigned hereby agrees to participate in
 1568         presuit mediation and agrees to attend a mediation
 1569         conducted by the following mediator or mediators who
 1570         are listed above as individuals someone who would be
 1571         acceptable to mediate this dispute:
 1572  
 1573         (List acceptable mediator or mediators.)
 1574  
 1575         I/we further agree to pay or prepay one-half of the
 1576         mediator’s fees and to forward such advance deposits
 1577         as the mediator may require for this purpose.
 1578  
 1579         ........................
 1580         Signature of responding party #1
 1581  
 1582         ........................
 1583         Telephone contact information
 1584  
 1585         ........................
 1586         Signature and telephone contact information of
 1587         responding party #2 (if applicable)(if property is
 1588         owned by more than one person, all owners must sign)
 1589  
 1590         2.The statutory demand must also contain the following
 1591  statement in capitalized, bold letters in a font size larger
 1592  than any other used in the statutory demand: A PERSON WHO FAILS
 1593  OR REFUSES TO PARTICIPATE IN THE ENTIRE PRESUIT MEDIATION
 1594  PROCESS IS PROHIBITED FROM RECOVERING ATTORNEY FEES AND COSTS IN
 1595  SUBSEQUENT LITIGATION RELATING TO THE DISPUTE.
 1596         (b) Service of the statutory demand to participate in
 1597  presuit mediation shall be effected by sending a letter in
 1598  substantial conformity with the above form by certified mail,
 1599  return receipt requested, with an additional copy being sent by
 1600  regular first-class mail, to the address of the responding party
 1601  as it last appears on the books and records of the association.
 1602  The responding party has 30 20 days after from the date of the
 1603  mailing of the statutory demand to serve a response to the
 1604  aggrieved party in writing. The response must be sent shall be
 1605  served by certified mail, return receipt requested, with an
 1606  additional copy being sent by regular first-class mail, to the
 1607  address shown on the statutory demand. Notwithstanding the
 1608  foregoing, once the parties have agreed on a mediator, the
 1609  mediator may schedule reschedule the mediation for a date and
 1610  time mutually convenient to the parties. Each proposed mediator
 1611  must be available to hold the mediation in the county in which
 1612  the parcel is located or within 40 miles of the parcel without
 1613  charging extra for travel-related costs. If a presuit mediation
 1614  session cannot be scheduled and concluded within 90 days after
 1615  the date of acceptance of presuit mediation and there is no
 1616  agreement between the parties to extend the 90-day deadline, the
 1617  aggrieved party may file an action in court. The parties shall
 1618  share equally the costs of presuit mediation equally, including
 1619  the fee charged by the mediator, if any, unless the parties
 1620  agree otherwise, and the mediator may require advance payment of
 1621  its reasonable fees and costs. The failure of any party to
 1622  respond to a demand or response, to agree upon a mediator, to
 1623  make payment of fees and costs within the time established by
 1624  the mediator, or to appear for a scheduled mediation session
 1625  without the approval of the mediator, constitutes shall
 1626  constitute the failure or refusal to participate in the
 1627  mediation process and operates shall operate as an impasse in
 1628  the presuit mediation by such party, entitling the other party
 1629  to proceed in court and to seek an award of the costs and fees
 1630  associated with the mediation. Additionally, notwithstanding the
 1631  provisions of any other law or document, persons who fail or
 1632  refuse to participate in the entire mediation process may not
 1633  recover attorney attorney’s fees and costs in subsequent
 1634  litigation relating to the dispute. If any presuit mediation
 1635  session cannot be scheduled and conducted within 90 days after
 1636  the offer to participate in mediation was filed, an impasse
 1637  shall be deemed to have occurred unless both parties agree to
 1638  extend this deadline.
 1639         (c) If presuit mediation as described in paragraph (a) is
 1640  not successful in resolving all issues between the parties, any
 1641  party the parties may file an action regarding the unresolved
 1642  dispute in a court of competent jurisdiction or elect to enter
 1643  into binding or nonbinding arbitration pursuant to the
 1644  procedures set forth in s. 718.1255 and rules adopted by the
 1645  division, with the arbitration proceeding to be conducted by a
 1646  department arbitrator or by a private arbitrator certified by
 1647  the department. If all parties do not agree to arbitration
 1648  proceedings following an unsuccessful presuit mediation, any
 1649  party may file the dispute in court. A final order resulting
 1650  from nonbinding arbitration is final and enforceable in the
 1651  courts if a complaint for trial de novo is not filed in a court
 1652  of competent jurisdiction within 30 days after entry of the
 1653  order. As to any issue or dispute that is not resolved at
 1654  presuit mediation, and as to any issue that is settled at
 1655  presuit mediation but is thereafter subject to an action seeking
 1656  enforcement of the mediation settlement, the prevailing party in
 1657  any subsequent arbitration or litigation proceeding shall be
 1658  entitled to seek recovery of all costs and attorney attorney’s
 1659  fees incurred in the presuit mediation process.
 1660         (d) The parties may agree to a mediator or arbitrator who
 1661  is not certified by the Florida Supreme Court. Unless such
 1662  mediator or arbitrator is agreed upon, a mediator or arbitrator
 1663  may not shall be authorized to conduct mediation or arbitration
 1664  under this section unless only if he or she has been certified
 1665  as a circuit court civil mediator or arbitrator, respectively,
 1666  pursuant to the requirements established by the Florida Supreme
 1667  Court. Settlement agreements resulting from mediation may shall
 1668  not have precedential value in proceedings involving parties
 1669  other than those participating in the mediation to support
 1670  either a claim or defense in other disputes.
 1671         (e) The presuit mediation procedures provided by this
 1672  subsection may be used by a Florida corporation responsible for
 1673  the operation of a community in which the voting members are
 1674  parcel owners or their representatives, in which membership in
 1675  the corporation is not a mandatory condition of parcel
 1676  ownership, or which is not authorized to impose an assessment
 1677  that may become a lien on the parcel.
 1678         Section 16. This act shall take effect July 1, 2019.