Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 56
       
       
       
       
       
       
                                Ì812912ÅÎ812912                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/04/2021           .                                
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       The Committee on Community Affairs (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 296 - 917
    4  and insert:
    5         (4)(a)If an association sends out an invoice for
    6  assessments or a unit’s statement of the account described in s.
    7  718.111(12), the invoice for assessments or the unit’s statement
    8  of account must be delivered to the unit owner by first-class
    9  United States mail or by electronic transmission to the unit
   10  owner’s e-mail address maintained in the association’s official
   11  records.
   12         (b)Before changing the method of delivery for an invoice
   13  for assessments or the statement of the account, the association
   14  must deliver a written notice of such change to each unit owner.
   15  The written notice must be delivered to the unit owner at least
   16  30 days before the association sends the invoice for assessments
   17  or the statement of the account by the new delivery method. The
   18  notice must be sent by first-class United States mail to the
   19  unit owner at his or her last address as reflected in the
   20  association’s records and, if such address is not the unit
   21  address, must be sent by first-class United States mail to the
   22  unit address. Notice is deemed to have been delivered upon
   23  mailing as required by this paragraph.
   24         (c)A unit owner must affirmatively acknowledge his or her
   25  understanding that the association will change its method of
   26  delivery of the invoice for assessments or the unit’s statement
   27  of the account before the association may change the method of
   28  delivering the statement of the account. The unit owner may make
   29  the affirmative acknowledgment electronically or in writing.
   30         (5)An association may not require payment of attorney fees
   31  related to a past due assessment without first delivering a
   32  written notice of late assessment to the unit owner which
   33  specifies the amount owed the association and provides the unit
   34  owner an opportunity to pay the amount owed without the
   35  assessment of attorney fees. The notice of late assessment must
   36  be sent by first-class United States mail to the unit owner at
   37  his or her last address as reflected in the association’s
   38  records and, if such address is not the unit address, must also
   39  be sent by first-class United States mail to the unit address.
   40  Notice is deemed to have been delivered upon mailing as required
   41  by this subsection. A rebuttable presumption that an association
   42  mailed a notice in accordance with this subsection is
   43  established if a board member, officer, or agent of the
   44  association, or a manager licensed under part VIII of chapter
   45  468, provides a sworn affidavit attesting to such mailing. The
   46  notice must be in substantially the following form:
   47  
   48                      NOTICE OF LATE ASSESSMENT                    
   49  
   50         RE: Unit .... of ...(name of association)...
   51  
   52         The following amounts are currently due on your
   53         account to ...(name of association)..., and must be
   54         paid within 30 days of the date of this letter. This
   55         letter shall serve as the association’s notice of its
   56         intent to proceed with further collection action
   57         against your property no sooner than 30 days of the
   58         date of this letter, unless you pay in full the
   59         amounts set forth below:
   60  
   61         Maintenance due ...(dates)...                      $.....
   62         Late fee, if applicable                            $.....
   63         Interest through ...(dates)...*                    $.....
   64         TOTAL OUTSTANDING                                  $.....
   65  
   66         *Interest accrues at the rate of .... percent per annum.
   67         (6) Except as otherwise provided in this chapter, no lien
   68  may be filed by the association against a condominium unit until
   69  45 30 days after the date on which a notice of intent to file a
   70  lien has been delivered to the owner by registered or certified
   71  mail, return receipt requested, and by first-class United States
   72  mail to the owner at his or her last address as reflected in the
   73  association’s records and, if such address is not the unit
   74  address, by first-class United States mail to the unit address
   75  of the association, if the address is within the United States,
   76  and delivered to the owner at the address of the unit if the
   77  owner’s address as reflected in the records of the association
   78  is not the unit address. If the address reflected in the records
   79  is outside the United States, sending the notice to that address
   80  and to the unit address by first-class United States mail is
   81  sufficient. Delivery of the notice shall be deemed given upon
   82  mailing as required by this subsection. The notice must be in
   83  substantially the following form:
   84  
   85                          NOTICE OF INTENT                         
   86                      TO RECORD A CLAIM OF LIEN                    
   87  
   88         RE: Unit .... of ...(name of association)...
   89  
   90         The following amounts are currently due on your
   91         account to ...(name of association)..., and must be
   92         paid within 45 30 days after your receipt of this
   93         letter. This letter shall serve as the association’s
   94         notice of intent to record a Claim of Lien against
   95         your property no sooner than 45 30 days after your
   96         receipt of this letter, unless you pay in full the
   97         amounts set forth below:
   98  
   99         Maintenance due ...(dates)...                      $.....
  100         Late fee, if applicable                            $.....
  101         Interest through ...(dates)...*                    $.....
  102         Certified mail charges                             $.....
  103         Other costs                                        $.....
  104         TOTAL OUTSTANDING                                  $.....
  105  
  106         *Interest accrues at the rate of .... percent per
  107         annum.
  108         Section 4. Paragraphs (a) and (c) of subsection (2) of
  109  section 719.104, Florida Statutes, are amended to read:
  110         719.104 Cooperatives; access to units; records; financial
  111  reports; assessments; purchase of leases.—
  112         (2) OFFICIAL RECORDS.—
  113         (a) From the inception of the association, the association
  114  shall maintain a copy of each of the following, where
  115  applicable, which shall constitute the official records of the
  116  association:
  117         1. The plans, permits, warranties, and other items provided
  118  by the developer pursuant to s. 719.301(4).
  119         2. A photocopy of the cooperative documents.
  120         3. A copy of the current rules of the association.
  121         4. A book or books containing the minutes of all meetings
  122  of the association, of the board of directors, and of the unit
  123  owners.
  124         5. A current roster of all unit owners and their mailing
  125  addresses, unit identifications, voting certifications, and, if
  126  known, telephone numbers. The association shall also maintain
  127  the e-mail addresses and the numbers designated by unit owners
  128  for receiving notice sent by electronic transmission of those
  129  unit owners consenting to receive notice by electronic
  130  transmission. The e-mail addresses and numbers provided by unit
  131  owners to receive notice by electronic transmission shall be
  132  removed from association records when consent to receive notice
  133  by electronic transmission is revoked. However, the association
  134  is not liable for an erroneous disclosure of the e-mail address
  135  or the number for receiving electronic transmission of notices.
  136         6. All current insurance policies of the association.
  137         7. A current copy of any management agreement, lease, or
  138  other contract to which the association is a party or under
  139  which the association or the unit owners have an obligation or
  140  responsibility.
  141         8. Bills of sale or transfer for all property owned by the
  142  association.
  143         9. Accounting records for the association and separate
  144  accounting records for each unit it operates, according to good
  145  accounting practices. The accounting records shall include, but
  146  not be limited to:
  147         a. Accurate, itemized, and detailed records of all receipts
  148  and expenditures.
  149         b. A current account and a monthly, bimonthly, or quarterly
  150  statement of the account for each unit designating the name of
  151  the unit owner, the due date and amount of each assessment, the
  152  amount paid upon the account, and the balance due.
  153         c. All audits, reviews, accounting statements, and
  154  financial reports of the association.
  155         d. All contracts for work to be performed. Bids for work to
  156  be performed shall also be considered official records and shall
  157  be maintained for a period of 1 year.
  158         10. Ballots, sign-in sheets, voting proxies, and all other
  159  papers and electronic records relating to voting by unit owners,
  160  which shall be maintained for a period of 1 year after the date
  161  of the election, vote, or meeting to which the document relates.
  162         11. All rental records where the association is acting as
  163  agent for the rental of units.
  164         12. A copy of the current question and answer sheet as
  165  described in s. 719.504.
  166         13. All affirmative acknowledgments made pursuant to s.
  167  719.108(3)(b)3.
  168         14. All other written records of the association not
  169  specifically included in the foregoing which are related to the
  170  operation of the association.
  171         (c) The official records of the association are open to
  172  inspection by any association member or the authorized
  173  representative of such member at all reasonable times. The right
  174  to inspect the records includes the right to make or obtain
  175  copies, at the reasonable expense, if any, of the association
  176  member. The association may adopt reasonable rules regarding the
  177  frequency, time, location, notice, and manner of record
  178  inspections and copying. The failure of an association to
  179  provide the records within 10 working days after receipt of a
  180  written request creates a rebuttable presumption that the
  181  association willfully failed to comply with this paragraph. A
  182  unit owner who is denied access to official records is entitled
  183  to the actual damages or minimum damages for the association’s
  184  willful failure to comply. The minimum damages are $50 per
  185  calendar day for up to 10 days, beginning on the 11th working
  186  day after receipt of the written request. The failure to permit
  187  inspection entitles any person prevailing in an enforcement
  188  action to recover reasonable attorney fees from the person in
  189  control of the records who, directly or indirectly, knowingly
  190  denied access to the records. Any person who knowingly or
  191  intentionally defaces or destroys accounting records that are
  192  required by this chapter to be maintained during the period for
  193  which such records are required to be maintained, or who
  194  knowingly or intentionally fails to create or maintain
  195  accounting records that are required to be created or
  196  maintained, with the intent of causing harm to the association
  197  or one or more of its members, is personally subject to a civil
  198  penalty pursuant to s. 719.501(1)(d). The association shall
  199  maintain an adequate number of copies of the declaration,
  200  articles of incorporation, bylaws, and rules, and all amendments
  201  to each of the foregoing, as well as the question and answer
  202  sheet as described in s. 719.504 and year-end financial
  203  information required by the department, on the cooperative
  204  property to ensure their availability to unit owners and
  205  prospective purchasers, and may charge its actual costs for
  206  preparing and furnishing these documents to those requesting the
  207  same. An association shall allow a member or his or her
  208  authorized representative to use a portable device, including a
  209  smartphone, tablet, portable scanner, or any other technology
  210  capable of scanning or taking photographs, to make an electronic
  211  copy of the official records in lieu of the association
  212  providing the member or his or her authorized representative
  213  with a copy of such records. The association may not charge a
  214  member or his or her authorized representative for the use of a
  215  portable device. Notwithstanding this paragraph, the following
  216  records shall not be accessible to unit owners:
  217         1. Any record protected by the lawyer-client privilege as
  218  described in s. 90.502 and any record protected by the work
  219  product privilege, including any record prepared by an
  220  association attorney or prepared at the attorney’s express
  221  direction which reflects a mental impression, conclusion,
  222  litigation strategy, or legal theory of the attorney or the
  223  association, and which was prepared exclusively for civil or
  224  criminal litigation or for adversarial administrative
  225  proceedings, or which was prepared in anticipation of such
  226  litigation or proceedings until the conclusion of the litigation
  227  or proceedings.
  228         2. Information obtained by an association in connection
  229  with the approval of the lease, sale, or other transfer of a
  230  unit.
  231         3. Personnel records of association or management company
  232  employees, including, but not limited to, disciplinary, payroll,
  233  health, and insurance records. For purposes of this
  234  subparagraph, the term “personnel records” does not include
  235  written employment agreements with an association employee or
  236  management company, or budgetary or financial records that
  237  indicate the compensation paid to an association employee.
  238         4. Medical records of unit owners.
  239         5. Social security numbers, driver license numbers, credit
  240  card numbers, e-mail addresses, telephone numbers, facsimile
  241  numbers, emergency contact information, addresses of a unit
  242  owner other than as provided to fulfill the association’s notice
  243  requirements, and other personal identifying information of any
  244  person, excluding the person’s name, unit designation, mailing
  245  address, property address, and any address, e-mail address, or
  246  facsimile number provided to the association to fulfill the
  247  association’s notice requirements. Notwithstanding the
  248  restrictions in this subparagraph, an association may print and
  249  distribute to unit parcel owners a directory containing the
  250  name, unit parcel address, and all telephone numbers of each
  251  unit parcel owner. However, an owner may exclude his or her
  252  telephone numbers from the directory by so requesting in writing
  253  to the association. An owner may consent in writing to the
  254  disclosure of other contact information described in this
  255  subparagraph. The association is not liable for the inadvertent
  256  disclosure of information that is protected under this
  257  subparagraph if the information is included in an official
  258  record of the association and is voluntarily provided by an
  259  owner and not requested by the association.
  260         6. Electronic security measures that are used by the
  261  association to safeguard data, including passwords.
  262         7. The software and operating system used by the
  263  association which allow the manipulation of data, even if the
  264  owner owns a copy of the same software used by the association.
  265  The data is part of the official records of the association.
  266         8.All affirmative acknowledgments made pursuant to s.
  267  719.108(3)(b)3.
  268         Section 5. Subsections (3) and (4) of section 719.108,
  269  Florida Statutes, are amended to read:
  270         719.108 Rents and assessments; liability; lien and
  271  priority; interest; collection; cooperative ownership.—
  272         (3)(a) Rents and assessments, and installments on them, not
  273  paid when due bear interest at the rate provided in the
  274  cooperative documents from the date due until paid. This rate
  275  may not exceed the rate allowed by law and, if a rate is not
  276  provided in the cooperative documents, accrues at 18 percent per
  277  annum. If the cooperative documents or bylaws so provide, the
  278  association may charge an administrative late fee in addition to
  279  such interest, not to exceed the greater of $25 or 5 percent of
  280  each installment of the assessment for each delinquent
  281  installment that the payment is late. Any payment received by an
  282  association must be applied first to any interest accrued by the
  283  association, then to any administrative late fee, then to any
  284  costs and reasonable attorney fees incurred in collection, and
  285  then to the delinquent assessment. The foregoing applies
  286  notwithstanding s. 673.3111, any purported accord and
  287  satisfaction, or any restrictive endorsement, designation, or
  288  instruction placed on or accompanying a payment. The preceding
  289  sentence is intended to clarify existing law. A late fee is not
  290  subject to chapter 687 or s. 719.303(4).
  291         (b)1.If an association sends out an invoice for
  292  assessments or a unit’s statement of the account described in s.
  293  719.104(2)(a)9.b., the invoice for assessments or the unit’s
  294  statement of account must be delivered to the unit owner by
  295  first-class United States mail or by electronic transmission to
  296  the unit owner’s e-mail address maintained in the association’s
  297  official records.
  298         2. Before changing the method of delivery for an invoice
  299  for assessments or the statement of the account, the association
  300  must deliver a written notice of such change to each unit owner.
  301  The written notice must be delivered to the unit owner at least
  302  30 days before the association sends the invoice for assessments
  303  or the statement of the account by the new delivery method. The
  304  notice must be sent by first-class United States mail to the
  305  unit owner at his or her last address as reflected in the
  306  association’s records and, if such address is not the unit
  307  address, must be sent by first-class United States mail to the
  308  unit address. Notice is deemed to have been delivered upon
  309  mailing as required by this subparagraph.
  310         3. A unit owner must affirmatively acknowledge his or her
  311  understanding that the association will change its method of
  312  delivery of the invoice for assessments or the unit’s statement
  313  of the account before the association may change the method of
  314  delivering the invoice for assessments or the statement of the
  315  account. The unit owner may make the affirmative acknowledgment
  316  electronically or in writing.
  317         (c) An association may not require payment of attorney fees
  318  related to a past due assessment without first delivering a
  319  written notice of late assessment to the owner which specifies
  320  the amount owed the association and provides the unit owner an
  321  opportunity to pay the amount owed without the assessment of
  322  attorney fees. The notice of late assessment must be sent by
  323  first-class United States mail to the unit owner at his or her
  324  last address as reflected in the association’s records and, if
  325  such address is not the unit address, must also be sent by
  326  first-class United States mail to the unit address. Notice is
  327  deemed to have been delivered upon mailing as required by this
  328  paragraph. A rebuttable presumption that an association mailed a
  329  notice in accordance with this subsection is established if a
  330  board member, officer, or agent of the association, or a manager
  331  licensed under part VIII of chapter 468, provides a sworn
  332  affidavit attesting to such mailing. The notice must be in
  333  substantially the following form:
  334  
  335                      NOTICE OF LATE ASSESSMENT                    
  336  
  337         RE: Unit .... of ...(name of association)...
  338  
  339         The following amounts are currently due on your
  340         account to ...(name of association)..., and must be
  341         paid within 30 days of the date of this letter. This
  342         letter shall serve as the association’s notice to
  343         proceed with further collection action against your
  344         property no sooner than 30 days of the date of this
  345         letter, unless you pay in full the amounts set forth
  346         below:
  347  
  348         Maintenance due ...(dates)...                      $.....
  349         Late fee, if applicable                            $.....
  350         Interest through ...(dates)...*                    $.....
  351         TOTAL OUTSTANDING                                  $.....
  352  
  353         *Interest accrues at the rate of .... percent per annum.
  354         (4) The association has a lien on each cooperative parcel
  355  for any unpaid rents and assessments, plus interest, and any
  356  administrative late fees. If authorized by the cooperative
  357  documents, the lien also secures reasonable attorney fees
  358  incurred by the association incident to the collection of the
  359  rents and assessments or enforcement of such lien. The lien is
  360  effective from and after recording a claim of lien in the public
  361  records in the county in which the cooperative parcel is located
  362  which states the description of the cooperative parcel, the name
  363  of the unit owner, the amount due, and the due dates. Except as
  364  otherwise provided in this chapter, a lien may not be filed by
  365  the association against a cooperative parcel until 45 30 days
  366  after the date on which a notice of intent to file a lien has
  367  been delivered to the owner.
  368         (a) The notice must be sent to the unit owner at the
  369  address of the unit by first-class United States mail, and the
  370  notice must be in substantially the following form:
  371  
  372                          NOTICE OF INTENT                         
  373                      TO RECORD A CLAIM OF LIEN                    
  374  
  375         RE: Unit ...(unit number)... of ...(name of
  376         cooperative)...
  377  
  378         The following amounts are currently due on your
  379         account to ...(name of association)..., and must be
  380         paid within 45 30 days after your receipt of this
  381         letter. This letter shall serve as the association’s
  382         notice of intent to record a Claim of Lien against
  383         your property no sooner than 45 30 days after your
  384         receipt of this letter, unless you pay in full the
  385         amounts set forth below:
  386  
  387         Maintenance due ...(dates)...                      $.....
  388         Late fee, if applicable                            $.....
  389         Interest through ...(dates)...*                    $.....
  390         Certified mail charges                             $.....
  391         Other costs                                        $.....
  392         TOTAL OUTSTANDING                                  $.....
  393  
  394         *Interest accrues at the rate of .... percent per
  395         annum.
  396         1. If the most recent address of the unit owner on the
  397  records of the association is the address of the unit, the
  398  notice must be sent by certified mail, return receipt requested,
  399  to the unit owner at the address of the unit.
  400         2. If the most recent address of the unit owner on the
  401  records of the association is in the United States, but is not
  402  the address of the unit, the notice must be sent by certified
  403  mail, return receipt requested, to the unit owner at his or her
  404  most recent address.
  405         3. If the most recent address of the unit owner on the
  406  records of the association is not in the United States, the
  407  notice must be sent by first-class United States mail to the
  408  unit owner at his or her most recent address.
  409         (b) A notice that is sent pursuant to this subsection is
  410  deemed delivered upon mailing. A claim of lien must be executed
  411  and acknowledged by an officer or authorized agent of the
  412  association. The lien is not effective 1 year after the claim of
  413  lien was recorded unless, within that time, an action to enforce
  414  the lien is commenced. The 1-year period is automatically
  415  extended for any length of time during which the association is
  416  prevented from filing a foreclosure action by an automatic stay
  417  resulting from a bankruptcy petition filed by the parcel owner
  418  or any other person claiming an interest in the parcel. The
  419  claim of lien secures all unpaid rents and assessments that are
  420  due and that may accrue after the claim of lien is recorded and
  421  through the entry of a final judgment, as well as interest and
  422  all reasonable costs and attorney fees incurred by the
  423  association incident to the collection process. Upon payment in
  424  full, the person making the payment is entitled to a
  425  satisfaction of the lien.
  426         (c) By recording a notice in substantially the following
  427  form, a unit owner or the unit owner’s agent or attorney may
  428  require the association to enforce a recorded claim of lien
  429  against his or her cooperative parcel:
  430  
  431                      NOTICE OF CONTEST OF LIEN                    
  432  
  433         TO: ...(Name and address of association)...:
  434  
  435         You are notified that the undersigned contests the
  436         claim of lien filed by you on ...., ...(year)..., and
  437         recorded in Official Records Book .... at Page ....,
  438         of the public records of .... County, Florida, and
  439         that the time within which you may file suit to
  440         enforce your lien is limited to 90 days from the date
  441         of service of this notice. Executed this .... day of
  442         ...., ...(year)....
  443         Signed: ...(Owner or Attorney)...
  444  
  445  After notice of contest of lien has been recorded, the clerk of
  446  the circuit court shall mail a copy of the recorded notice to
  447  the association by certified mail, return receipt requested, at
  448  the address shown in the claim of lien or most recent amendment
  449  to it and shall certify to the service on the face of the
  450  notice. Service is complete upon mailing. After service, the
  451  association has 90 days in which to file an action to enforce
  452  the lien. If the action is not filed within the 90-day period,
  453  the lien is void. However, the 90-day period shall be extended
  454  for any length of time during which the association is prevented
  455  from filing its action because of an automatic stay resulting
  456  from the filing of a bankruptcy petition by the unit owner or by
  457  any other person claiming an interest in the parcel.
  458         (d) A release of lien must be in substantially the
  459  following form:
  460  
  461                           RELEASE OF LIEN                         
  462  
  463  The undersigned lienor, in consideration of the final payment in
  464  the amount of $...., hereby waives and releases its lien and
  465  right to claim a lien for unpaid assessments through ....,
  466  ...(year)..., recorded in the Official Records Book .... at Page
  467  ...., of the public records of .... County, Florida, for the
  468  following described real property:
  469  
  470         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  471         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  472         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  473         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  474         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  475         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  476  
  477  ...(Signature of Authorized Agent)...           ...(Signature of
  478  Witness)...
  479  ...(Print Name)...                            ...(Print Name)...
  480  
  481  ...(Signature of Witness)...
  482  ...(Print Name)...
  483  
  484  Sworn to (or affirmed) and subscribed before me this .... day of
  485  ...., ...(year)..., by ...(name of person making statement)....
  486  ...(Signature of Notary Public)...
  487  ...(Print, type, or stamp commissioned name of Notary Public)...
  488  Personally Known .... OR Produced .... as identification.
  489         Section 6. Present paragraph (l) of subsection (4) of
  490  section 720.303, Florida Statutes, is redesignated as paragraph
  491  (m), a new paragraph (l) is added to that subsection, and
  492  paragraph (c) of subsection (5) of that section is amended, to
  493  read:
  494         720.303 Association powers and duties; meetings of board;
  495  official records; budgets; financial reporting; association
  496  funds; recalls.—
  497         (4) OFFICIAL RECORDS.—The association shall maintain each
  498  of the following items, when applicable, which constitute the
  499  official records of the association:
  500         (l) All affirmative acknowledgments made pursuant to s.
  501  720.3085(3)(c)3.
  502         (5) INSPECTION AND COPYING OF RECORDS.—The official records
  503  shall be maintained within the state for at least 7 years and
  504  shall be made available to a parcel owner for inspection or
  505  photocopying within 45 miles of the community or within the
  506  county in which the association is located within 10 business
  507  days after receipt by the board or its designee of a written
  508  request. This subsection may be complied with by having a copy
  509  of the official records available for inspection or copying in
  510  the community or, at the option of the association, by making
  511  the records available to a parcel owner electronically via the
  512  Internet or by allowing the records to be viewed in electronic
  513  format on a computer screen and printed upon request. If the
  514  association has a photocopy machine available where the records
  515  are maintained, it must provide parcel owners with copies on
  516  request during the inspection if the entire request is limited
  517  to no more than 25 pages. An association shall allow a member or
  518  his or her authorized representative to use a portable device,
  519  including a smartphone, tablet, portable scanner, or any other
  520  technology capable of scanning or taking photographs, to make an
  521  electronic copy of the official records in lieu of the
  522  association’s providing the member or his or her authorized
  523  representative with a copy of such records. The association may
  524  not charge a fee to a member or his or her authorized
  525  representative for the use of a portable device.
  526         (c) The association may adopt reasonable written rules
  527  governing the frequency, time, location, notice, records to be
  528  inspected, and manner of inspections, but may not require a
  529  parcel owner to demonstrate any proper purpose for the
  530  inspection, state any reason for the inspection, or limit a
  531  parcel owner’s right to inspect records to less than one 8-hour
  532  business day per month. The association may impose fees to cover
  533  the costs of providing copies of the official records, including
  534  the costs of copying and the costs required for personnel to
  535  retrieve and copy the records if the time spent retrieving and
  536  copying the records exceeds one-half hour and if the personnel
  537  costs do not exceed $20 per hour. Personnel costs may not be
  538  charged for records requests that result in the copying of 25 or
  539  fewer pages. The association may charge up to 25 cents per page
  540  for copies made on the association’s photocopier. If the
  541  association does not have a photocopy machine available where
  542  the records are kept, or if the records requested to be copied
  543  exceed 25 pages in length, the association may have copies made
  544  by an outside duplicating service and may charge the actual cost
  545  of copying, as supported by the vendor invoice. The association
  546  shall maintain an adequate number of copies of the recorded
  547  governing documents, to ensure their availability to members and
  548  prospective members. Notwithstanding this paragraph, the
  549  following records are not accessible to members or parcel
  550  owners:
  551         1. Any record protected by the lawyer-client privilege as
  552  described in s. 90.502 and any record protected by the work
  553  product privilege, including, but not limited to, a record
  554  prepared by an association attorney or prepared at the
  555  attorney’s express direction which reflects a mental impression,
  556  conclusion, litigation strategy, or legal theory of the attorney
  557  or the association and which was prepared exclusively for civil
  558  or criminal litigation or for adversarial administrative
  559  proceedings or which was prepared in anticipation of such
  560  litigation or proceedings until the conclusion of the litigation
  561  or proceedings.
  562         2. Information obtained by an association in connection
  563  with the approval of the lease, sale, or other transfer of a
  564  parcel.
  565         3. Personnel records of association or management company
  566  employees, including, but not limited to, disciplinary, payroll,
  567  health, and insurance records. For purposes of this
  568  subparagraph, the term “personnel records” does not include
  569  written employment agreements with an association or management
  570  company employee or budgetary or financial records that indicate
  571  the compensation paid to an association or management company
  572  employee.
  573         4. Medical records of parcel owners or community residents.
  574         5. Social security numbers, driver license numbers, credit
  575  card numbers, electronic mailing addresses, telephone numbers,
  576  facsimile numbers, emergency contact information, any addresses
  577  for a parcel owner other than as provided for association notice
  578  requirements, and other personal identifying information of any
  579  person, excluding the person’s name, parcel designation, mailing
  580  address, and property address. Notwithstanding the restrictions
  581  in this subparagraph, an association may print and distribute to
  582  parcel owners a directory containing the name, parcel address,
  583  and all telephone numbers of each parcel owner. However, an
  584  owner may exclude his or her telephone numbers from the
  585  directory by so requesting in writing to the association. An
  586  owner may consent in writing to the disclosure of other contact
  587  information described in this subparagraph. The association is
  588  not liable for the disclosure of information that is protected
  589  under this subparagraph if the information is included in an
  590  official record of the association and is voluntarily provided
  591  by an owner and not requested by the association.
  592         6. Any electronic security measure that is used by the
  593  association to safeguard data, including passwords.
  594         7. The software and operating system used by the
  595  association which allows the manipulation of data, even if the
  596  owner owns a copy of the same software used by the association.
  597  The data is part of the official records of the association.
  598         8.All affirmative acknowledgments made pursuant to s.
  599  720.3085(3)(c)3.
  600         Section 7. Paragraphs (c) and (d) are added to subsection
  601  (3) of section 720.3085, Florida Statutes, to read:
  602         720.3085 Payment for assessments; lien claims.—
  603         (3) Assessments and installments on assessments that are
  604  not paid when due bear interest from the due date until paid at
  605  the rate provided in the declaration of covenants or the bylaws
  606  of the association, which rate may not exceed the rate allowed
  607  by law. If no rate is provided in the declaration or bylaws,
  608  interest accrues at the rate of 18 percent per year.
  609         (c)1. If an association sends out an invoice for
  610  assessments or a parcel’s statement of the account described in
  611  s. 720.303(4)(j)2., the invoice for assessments or the parcel’s
  612  statement of account must be delivered to the parcel owner by
  613  first-class United States mail or by electronic transmission to
  614  the parcel owner’s e-mail address maintained in the
  615  association’s official records.
  616         2. Before changing the method of delivery for an invoice
  617  for assessments or the statement of the account, the association
  618  must deliver a written notice such change to each parcel owner.
  619  The written notice must be delivered to the parcel owner at
  620  least 30 days before the association sends the invoice for
  621  assessments or the statement of the account by the new delivery
  622  method. The notice must be sent by first-class United States
  623  mail to the owner at his or her last address as reflected in the
  624  association’s records and, if such address is not the parcel
  625  address, must be sent by first-class United States mail to the
  626  parcel address. Notice is deemed to have been delivered upon
  627  mailing as required by this subparagraph.
  628         3. A parcel owner must affirmatively acknowledge his or her
  629  understanding that the association will change its method of
  630  delivery of the invoice for assessments or the statement of the
  631  account before the association may change the method of
  632  delivering the statement of the account. The parcel owner may
  633  make the affirmative acknowledgment electronically or in
  634  writing.
  635         (d) An association may not require payment of attorney fees
  636  related to a past due assessment without first delivering a
  637  written notice of late assessment to the parcel owner which
  638  specifies the amount owed the association and provides the
  639  parcel owner an opportunity to pay the amount owed without the
  640  assessment of attorney fees. The notice of late assessment must
  641  be sent by first-class United States mail to the owner at his or
  642  her last address as reflected in the association’s records and,
  643  if such address is not the parcel address, must also be sent by
  644  first-class United States mail to the parcel address. Notice is
  645  deemed to have been delivered upon mailing as required by this
  646  paragraph. A rebuttable presumption that an association mailed a
  647  notice in accordance with this subsection is established if a
  648  board member, officer, or agent of the association, or a manager
  649  licensed under part VIII of chapter 468, provides a sworn
  650  affidavit attesting to such mailing. The notice must be in
  651  substantially the following
  652  
  653  ================= T I T L E  A M E N D M E N T ================
  654  And the title is amended as follows:
  655         Delete lines 11 - 60
  656  and insert:
  657         associations to deliver certain invoices for
  658         assessments or statements of account to unit owners in
  659         a specified manner; requiring condominium associations
  660         to give notice to unit owners before changing the
  661         method of delivery for the invoices for assessments or
  662         statements of account; providing requirements for the
  663         notice; requiring unit owners to affirmatively
  664         acknowledge the changes in delivery methods;
  665         prohibiting condominium associations from requiring
  666         the payment of attorney fees relating to past due
  667         assessments without first providing a specified notice
  668         to unit owners; providing requirements for the notice;
  669         establishing a rebuttable presumption relating to
  670         mailing the notice if a certain requirement is met;
  671         revising the timeframe for condominium associations to
  672         file liens against condominium units; conforming
  673         provisions to changes made by the act; amending s.
  674         719.104, F.S.; requiring cooperative associations to
  675         maintain specified affirmative acknowledgments as
  676         official records of the association; specifying that
  677         such acknowledgments are not accessible to unit
  678         owners; amending s. 719.108, F.S.; requiring
  679         cooperative associations to deliver certain invoices
  680         for assessments or statements of account to unit
  681         owners in a specified manner; requiring cooperative
  682         associations to give notice to unit owners before
  683         changing the method of delivery for the invoices for
  684         assessments or statements of account; providing
  685         requirements for the notice; requiring unit owners to
  686         affirmatively acknowledge the changes in delivery
  687         methods; prohibiting cooperative associations from
  688         requiring the payment of attorney fees relating to
  689         past due assessments without first providing specified
  690         notice to unit owners; providing requirements for the
  691         notice; establishing a rebuttable presumption relating
  692         to mailing the notice if a certain requirement is met;
  693         revising the timeframe for cooperative associations to
  694         file liens against cooperative parcels; conforming
  695         provisions to changes made by the act; amending s.
  696         720.303, F.S.; requiring homeowners’ associations to
  697         maintain specified affirmative acknowledgments as
  698         official records of the association; specifying that
  699         such acknowledgments are not accessible to parcel
  700         owners; amending s. 720.3085, F.S.; requiring
  701         homeowners’ associations to deliver certain invoices
  702         for assessments or statements of account to parcel
  703         owners in a specified manner; requiring homeowners’
  704         associations to give notice to parcel owners before
  705         changing the method of delivery for the invoices for
  706         assessments or statements of account; providing
  707         requirements for the notice; requiring parcel owners
  708         to affirmatively acknowledge the changes in delivery
  709         methods; prohibiting homeowners’ associations from
  710         requiring the payment of attorney fees relating to
  711         past due assessments without first providing specified
  712         notice to parcel owners; providing requirements for
  713         the notice; establishing a rebuttable presumption
  714         relating to mailing the notice if a certain
  715         requirement is met; providing an effective date.