CS for CS for SB 630                             First Engrossed
       
       
       
       
       
       
       
       
       2021630e1
       
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         627.714, F.S.; prohibiting insurance policies from
    4         providing specified rights of subrogation under
    5         certain circumstances; amending s. 718.103, F.S.;
    6         revising the definition of the terms
    7         “multicondominium,” “operation,” and “operation of the
    8         condominium”; amending s. 718.111, F.S.; requiring
    9         that certain records be maintained for a specified
   10         time; prohibiting an association from requiring
   11         certain actions relating to the inspection of records;
   12         revising requirements relating to the posting of
   13         digital copies of certain documents by certain
   14         condominium associations; amending s. 718.112, F.S.;
   15         authorizing a condominium association to extinguish
   16         discriminatory restrictions; revising the calculation
   17         used in determining a board member’s term limit;
   18         providing requirements for certain notices; revising
   19         the fees that an association may charge for transfers;
   20         deleting a prohibition against employing or
   21         contracting with certain service providers; amending
   22         s. 718.113, F.S.; revising legislative findings;
   23         defining the terms “natural gas fuel” and “natural gas
   24         fuel vehicle”; revising requirements for electric
   25         vehicle charging stations; providing requirements for
   26         natural gas fuel stations on property governed by
   27         condominium associations; authorizing the board of
   28         administration of an association to take certain
   29         actions relating to electric vehicle charging stations
   30         and natural gas fuel stations; providing that the
   31         installation, repair, or maintenance of electric
   32         vehicle charging stations or natural gas fuel stations
   33         does not constitute a material alteration or
   34         substantial addition to the common elements or
   35         association property; amending s. 718.117, F.S.;
   36         conforming provisions to changes made by the act;
   37         amending s. 718.121, F.S.; providing that labor and
   38         materials associated with the installation of a
   39         natural gas fuel station may not serve as the basis
   40         for filing a lien against an association but may serve
   41         as the basis for filing a lien against a unit owner;
   42         requiring that notices of intent to record a claim of
   43         lien specify certain dates; amending s. 718.1255,
   44         F.S.; authorizing parties to initiate presuit
   45         mediation under certain circumstances; specifying the
   46         circumstances under which arbitration is binding on
   47         the parties; providing requirements for presuit
   48         mediation; making technical changes; amending s.
   49         718.1265, F.S.; revising the emergency powers of
   50         condominium associations; prohibiting condominium
   51         associations from taking certain actions during a
   52         declared state of emergency; amending s. 718.202,
   53         F.S.; revising the allowable uses of certain escrow
   54         funds withdrawn by developers; defining the term
   55         “actual costs”; amending s. 718.303, F.S.; revising
   56         requirements for certain actions for failure to comply
   57         with specified provisions relating to condominium
   58         associations; revising requirements for certain fines;
   59         amending s. 718.405, F.S.; providing clarifying
   60         language relating to certain multicondominium
   61         declarations; providing applicability; amending s.
   62         718.501, F.S.; conforming provisions to changes made
   63         by the act; amending s. 718.5014, F.S.; revising a
   64         requirement regarding the location of the principal
   65         office of the Office of the Condominium Ombudsman;
   66         amending s. 719.103, F.S.; revising the definition of
   67         the term “unit” to specify that an interest in a
   68         cooperative unit is an interest in real property;
   69         amending s. 719.104, F.S.; prohibiting an association
   70         from requiring certain actions relating to the
   71         inspection of records; amending s. 719.106, F.S.;
   72         revising provisions relating to a quorum and voting
   73         rights for members remotely participating in meetings;
   74         revising the procedure to challenge a board member
   75         recall; authorizing cooperative associations to
   76         extinguish discriminatory restrictions; amending s.
   77         719.128, F.S.; revising emergency powers for
   78         cooperative associations; prohibiting cooperative
   79         associations from taking certain actions during a
   80         declared state of emergency; amending s. 720.301,
   81         F.S.; revising the definition of the term “governing
   82         documents”; amending s. 720.303, F.S.; authorizing an
   83         association to adopt procedures for electronic meeting
   84         notices; revising the documents that constitute the
   85         official records of an association; revising the types
   86         of records that are not accessible to members or
   87         parcel owners; revising the circumstances under which
   88         a specified statement must be included in an
   89         association’s financial report; revising requirements
   90         for such statement; revising the circumstances under
   91         which an association is deemed to have provided for
   92         reserve accounts; authorizing certain developers to
   93         include reserves in the budget; specifying that the
   94         developers are not obligated to pay for certain
   95         expenses; providing applicability; revising the
   96         procedure to challenge a board member recall; amending
   97         s. 720.305, F.S.; providing requirements for certain
   98         fines levied by a board of administration; amending s.
   99         720.306, F.S.; revising requirements for providing
  100         certain notices; providing limitations on associations
  101         when a parcel owner attempts to rent or lease his or
  102         her parcel; providing when a change of ownership of a
  103         parcel does and does not occur; defining the term
  104         “affiliated entity”; amending the procedure for
  105         election disputes; amending s. 720.307, F.S.; revising
  106         the circumstances under which members other than the
  107         developer are entitled to elect members to the board
  108         of directors of the homeowners’ association; amending
  109         s. 720.311, F.S.; revising the dispute resolution
  110         requirements for election disputes and recall
  111         disputes; amending s. 720.3075, F.S.; authorizing
  112         homeowners’ associations to extinguish discriminatory
  113         restrictions; amending s. 720.316, F.S.; revising
  114         emergency powers of homeowners’ associations;
  115         prohibiting homeowners’ associations from taking
  116         certain actions during a declared state of emergency;
  117         providing an effective date.
  118          
  119  Be It Enacted by the Legislature of the State of Florida:
  120  
  121         Section 1. Subsection (4) of section 627.714, Florida
  122  Statutes, is amended to read:
  123         627.714 Residential condominium unit owner coverage; loss
  124  assessment coverage required.—
  125         (4) Every individual unit owner’s residential property
  126  policy must contain a provision stating that the coverage
  127  afforded by such policy is excess coverage over the amount
  128  recoverable under any other policy covering the same property.
  129  If a condominium association’s insurance policy does not provide
  130  rights for subrogation against the unit owners in the
  131  association, an insurance policy issued to an individual unit
  132  owner in the association may not provide rights of subrogation
  133  against the condominium association.
  134         Section 2. Subsections (20) and (21) of section 718.103,
  135  Florida Statutes, are amended to read:
  136         718.103 Definitions.—As used in this chapter, the term:
  137         (20) “Multicondominium” means real property a real estate
  138  development containing two or more condominiums, all of which
  139  are operated by the same association.
  140         (21) “Operation” or “operation of the condominium” includes
  141  the administration and management of the condominium property
  142  and the association.
  143         Section 3. Paragraphs (a), (b), (c), and (g) of subsection
  144  (12) of section 718.111, Florida Statutes, are amended to read:
  145         718.111 The association.—
  146         (12) OFFICIAL RECORDS.—
  147         (a) From the inception of the association, the association
  148  shall maintain each of the following items, if applicable, which
  149  constitutes the official records of the association:
  150         1. A copy of the plans, permits, warranties, and other
  151  items provided by the developer under pursuant to s. 718.301(4).
  152         2. A photocopy of the recorded declaration of condominium
  153  of each condominium operated by the association and each
  154  amendment to each declaration.
  155         3. A photocopy of the recorded bylaws of the association
  156  and each amendment to the bylaws.
  157         4. A certified copy of the articles of incorporation of the
  158  association, or other documents creating the association, and
  159  each amendment thereto.
  160         5. A copy of the current rules of the association.
  161         6. A book or books that contain the minutes of all meetings
  162  of the association, the board of administration, and the unit
  163  owners.
  164         7. A current roster of all unit owners and their mailing
  165  addresses, unit identifications, voting certifications, and, if
  166  known, telephone numbers. The association shall also maintain
  167  the e-mail addresses and facsimile numbers of unit owners
  168  consenting to receive notice by electronic transmission. The e
  169  mail addresses and facsimile numbers are not accessible to unit
  170  owners if consent to receive notice by electronic transmission
  171  is not provided in accordance with sub-subparagraph (c)3.e.
  172  However, the association is not liable for an inadvertent
  173  disclosure of the e-mail address or facsimile number for
  174  receiving electronic transmission of notices.
  175         8. All current insurance policies of the association and
  176  condominiums operated by the association.
  177         9. A current copy of any management agreement, lease, or
  178  other contract to which the association is a party or under
  179  which the association or the unit owners have an obligation or
  180  responsibility.
  181         10. Bills of sale or transfer for all property owned by the
  182  association.
  183         11. Accounting records for the association and separate
  184  accounting records for each condominium that the association
  185  operates. Any person who knowingly or intentionally defaces or
  186  destroys such records, or who knowingly or intentionally fails
  187  to create or maintain such records, with the intent of causing
  188  harm to the association or one or more of its members, is
  189  personally subject to a civil penalty pursuant to s.
  190  718.501(1)(d). The accounting records must include, but are not
  191  limited to:
  192         a. Accurate, itemized, and detailed records of all receipts
  193  and expenditures.
  194         b. A current account and a monthly, bimonthly, or quarterly
  195  statement of the account for each unit designating the name of
  196  the unit owner, the due date and amount of each assessment, the
  197  amount paid on the account, and the balance due.
  198         c. All audits, reviews, accounting statements, and
  199  financial reports of the association or condominium.
  200         d. All contracts for work to be performed. Bids for work to
  201  be performed are also considered official records and must be
  202  maintained by the association for at least 1 year after receipt
  203  of the bid.
  204         12. Ballots, sign-in sheets, voting proxies, and all other
  205  papers and electronic records relating to voting by unit owners,
  206  which must be maintained for 1 year from the date of the
  207  election, vote, or meeting to which the document relates,
  208  notwithstanding paragraph (b).
  209         13. All rental records if the association is acting as
  210  agent for the rental of condominium units.
  211         14. A copy of the current question and answer sheet as
  212  described in s. 718.504.
  213         15. All other written records of the association not
  214  specifically included in the foregoing which are related to the
  215  operation of the association.
  216         16. A copy of the inspection report as described in s.
  217  718.301(4)(p).
  218         16.17. Bids for materials, equipment, or services.
  219         17.All other written records of the association not
  220  specified in subparagraphs 1.-16. which are related to the
  221  operation of the association.
  222         (b) The official records specified in subparagraphs (a)1.
  223  6. must be permanently maintained from the inception of the
  224  association. Bids for work to be performed or for materials,
  225  equipment, or services must be maintained for at least 1 year
  226  after receipt of the bid. All other official records must be
  227  maintained within the state for at least 7 years, unless
  228  otherwise provided by general law. The records of the
  229  association shall be made available to a unit owner within 45
  230  miles of the condominium property or within the county in which
  231  the condominium property is located within 10 working days after
  232  receipt of a written request by the board or its designee.
  233  However, such distance requirement does not apply to an
  234  association governing a timeshare condominium. This paragraph
  235  may be complied with by having a copy of the official records of
  236  the association available for inspection or copying on the
  237  condominium property or association property, or the association
  238  may offer the option of making the records available to a unit
  239  owner electronically via the Internet or by allowing the records
  240  to be viewed in electronic format on a computer screen and
  241  printed upon request. The association is not responsible for the
  242  use or misuse of the information provided to an association
  243  member or his or her authorized representative in pursuant to
  244  the compliance with requirements of this chapter unless the
  245  association has an affirmative duty not to disclose such
  246  information under pursuant to this chapter.
  247         (c)1. The official records of the association are open to
  248  inspection by any association member or the authorized
  249  representative of such member at all reasonable times. The right
  250  to inspect the records includes the right to make or obtain
  251  copies, at the reasonable expense, if any, of the member or
  252  authorized representative of such member. A renter of a unit has
  253  a right to inspect and copy only the declaration of condominium
  254  and the association’s bylaws and rules. The association may
  255  adopt reasonable rules regarding the frequency, time, location,
  256  notice, and manner of record inspections and copying, but may
  257  not require a member to demonstrate any purpose or state any
  258  reason for the inspection. The failure of an association to
  259  provide the records within 10 working days after receipt of a
  260  written request creates a rebuttable presumption that the
  261  association willfully failed to comply with this paragraph. A
  262  unit owner who is denied access to official records is entitled
  263  to the actual damages or minimum damages for the association’s
  264  willful failure to comply. Minimum damages are $50 per calendar
  265  day for up to 10 days, beginning on the 11th working day after
  266  receipt of the written request. The failure to permit inspection
  267  entitles any person prevailing in an enforcement action to
  268  recover reasonable attorney fees from the person in control of
  269  the records who, directly or indirectly, knowingly denied access
  270  to the records.
  271         2. Any person who knowingly or intentionally defaces or
  272  destroys accounting records that are required by this chapter to
  273  be maintained during the period for which such records are
  274  required to be maintained, or who knowingly or intentionally
  275  fails to create or maintain accounting records that are required
  276  to be created or maintained, with the intent of causing harm to
  277  the association or one or more of its members, is personally
  278  subject to a civil penalty pursuant to s. 718.501(1)(d).
  279         3. The association shall maintain an adequate number of
  280  copies of the declaration, articles of incorporation, bylaws,
  281  and rules, and all amendments to each of the foregoing, as well
  282  as the question and answer sheet as described in s. 718.504 and
  283  year-end financial information required under this section, on
  284  the condominium property to ensure their availability to unit
  285  owners and prospective purchasers, and may charge its actual
  286  costs for preparing and furnishing these documents to those
  287  requesting the documents. An association shall allow a member or
  288  his or her authorized representative to use a portable device,
  289  including a smartphone, tablet, portable scanner, or any other
  290  technology capable of scanning or taking photographs, to make an
  291  electronic copy of the official records in lieu of the
  292  association’s providing the member or his or her authorized
  293  representative with a copy of such records. The association may
  294  not charge a member or his or her authorized representative for
  295  the use of a portable device. Notwithstanding this paragraph,
  296  the following records are not accessible to unit owners:
  297         a. Any record protected by the lawyer-client privilege as
  298  described in s. 90.502 and any record protected by the work
  299  product privilege, including a record prepared by an association
  300  attorney or prepared at the attorney’s express direction, which
  301  reflects a mental impression, conclusion, litigation strategy,
  302  or legal theory of the attorney or the association, and which
  303  was prepared exclusively for civil or criminal litigation or for
  304  adversarial administrative proceedings, or which was prepared in
  305  anticipation of such litigation or proceedings until the
  306  conclusion of the litigation or proceedings.
  307         b. Information obtained by an association in connection
  308  with the approval of the lease, sale, or other transfer of a
  309  unit.
  310         c. Personnel records of association or management company
  311  employees, including, but not limited to, disciplinary, payroll,
  312  health, and insurance records. For purposes of this sub
  313  subparagraph, the term “personnel records” does not include
  314  written employment agreements with an association employee or
  315  management company, or budgetary or financial records that
  316  indicate the compensation paid to an association employee.
  317         d. Medical records of unit owners.
  318         e. Social security numbers, driver license numbers, credit
  319  card numbers, e-mail addresses, telephone numbers, facsimile
  320  numbers, emergency contact information, addresses of a unit
  321  owner other than as provided to fulfill the association’s notice
  322  requirements, and other personal identifying information of any
  323  person, excluding the person’s name, unit designation, mailing
  324  address, property address, and any address, e-mail address, or
  325  facsimile number provided to the association to fulfill the
  326  association’s notice requirements. Notwithstanding the
  327  restrictions in this sub-subparagraph, an association may print
  328  and distribute to unit parcel owners a directory containing the
  329  name, unit parcel address, and all telephone numbers of each
  330  unit parcel owner. However, an owner may exclude his or her
  331  telephone numbers from the directory by so requesting in writing
  332  to the association. An owner may consent in writing to the
  333  disclosure of other contact information described in this sub
  334  subparagraph. The association is not liable for the inadvertent
  335  disclosure of information that is protected under this sub
  336  subparagraph if the information is included in an official
  337  record of the association and is voluntarily provided by an
  338  owner and not requested by the association.
  339         f. Electronic security measures that are used by the
  340  association to safeguard data, including passwords.
  341         g. The software and operating system used by the
  342  association which allow the manipulation of data, even if the
  343  owner owns a copy of the same software used by the association.
  344  The data is part of the official records of the association.
  345         (g)1. By January 1, 2019, an association managing a
  346  condominium with 150 or more units which does not contain
  347  timeshare units shall post digital copies of the documents
  348  specified in subparagraph 2. on its website or make such
  349  documents available through an application that can be
  350  downloaded on a mobile device.
  351         a. The association’s website or application must be:
  352         (I) An independent website, application, or web portal
  353  wholly owned and operated by the association; or
  354         (II) A website, application, or web portal operated by a
  355  third-party provider with whom the association owns, leases,
  356  rents, or otherwise obtains the right to operate a web page,
  357  subpage, web portal, or collection of subpages or web portals,
  358  or an application which is dedicated to the association’s
  359  activities and on which required notices, records, and documents
  360  may be posted or made available by the association.
  361         b. The association’s website or application must be
  362  accessible through the Internet and must contain a subpage, web
  363  portal, or other protected electronic location that is
  364  inaccessible to the general public and accessible only to unit
  365  owners and employees of the association.
  366         c. Upon a unit owner’s written request, the association
  367  must provide the unit owner with a username and password and
  368  access to the protected sections of the association’s website or
  369  application which that contain any notices, records, or
  370  documents that must be electronically provided.
  371         2. A current copy of the following documents must be posted
  372  in digital format on the association’s website or application:
  373         a. The recorded declaration of condominium of each
  374  condominium operated by the association and each amendment to
  375  each declaration.
  376         b. The recorded bylaws of the association and each
  377  amendment to the bylaws.
  378         c. The articles of incorporation of the association, or
  379  other documents creating the association, and each amendment to
  380  the articles of incorporation or other documents thereto. The
  381  copy posted pursuant to this sub-subparagraph must be a copy of
  382  the articles of incorporation filed with the Department of
  383  State.
  384         d. The rules of the association.
  385         e. A list of all executory contracts or documents to which
  386  the association is a party or under which the association or the
  387  unit owners have an obligation or responsibility and, after
  388  bidding for the related materials, equipment, or services has
  389  closed, a list of bids received by the association within the
  390  past year. Summaries of bids for materials, equipment, or
  391  services which exceed $500 must be maintained on the website or
  392  application for 1 year. In lieu of summaries, complete copies of
  393  the bids may be posted.
  394         f. The annual budget required by s. 718.112(2)(f) and any
  395  proposed budget to be considered at the annual meeting.
  396         g. The financial report required by subsection (13) and any
  397  monthly income or expense statement to be considered at a
  398  meeting.
  399         h. The certification of each director required by s.
  400  718.112(2)(d)4.b.
  401         i. All contracts or transactions between the association
  402  and any director, officer, corporation, firm, or association
  403  that is not an affiliated condominium association or any other
  404  entity in which an association director is also a director or
  405  officer and financially interested.
  406         j. Any contract or document regarding a conflict of
  407  interest or possible conflict of interest as provided in ss.
  408  468.436(2)(b)6. and 718.3027(3).
  409         k. The notice of any unit owner meeting and the agenda for
  410  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  411  days before the meeting. The notice must be posted in plain view
  412  on the front page of the website or application, or on a
  413  separate subpage of the website or application labeled “Notices”
  414  which is conspicuously visible and linked from the front page.
  415  The association must also post on its website or application any
  416  document to be considered and voted on by the owners during the
  417  meeting or any document listed on the agenda at least 7 days
  418  before the meeting at which the document or the information
  419  within the document will be considered.
  420         l. Notice of any board meeting, the agenda, and any other
  421  document required for the meeting as required by s.
  422  718.112(2)(c), which must be posted no later than the date
  423  required for notice under pursuant to s. 718.112(2)(c).
  424         3. The association shall ensure that the information and
  425  records described in paragraph (c), which are not allowed to be
  426  accessible to unit owners, are not posted on the association’s
  427  website or application. If protected information or information
  428  restricted from being accessible to unit owners is included in
  429  documents that are required to be posted on the association’s
  430  website or application, the association shall ensure the
  431  information is redacted before posting the documents online.
  432  Notwithstanding the foregoing, the association or its agent is
  433  not liable for disclosing information that is protected or
  434  restricted under pursuant to this paragraph unless such
  435  disclosure was made with a knowing or intentional disregard of
  436  the protected or restricted nature of such information.
  437         4. The failure of the association to post information
  438  required under subparagraph 2. is not in and of itself
  439  sufficient to invalidate any action or decision of the
  440  association’s board or its committees.
  441         Section 4. Paragraphs (d), (i), (j), (k), and (p) of
  442  subsection (2) of section 718.112, Florida Statutes, are
  443  amended, and paragraph (c) is added to subsection (1) of that
  444  section, to read:
  445         718.112 Bylaws.—
  446         (1) GENERALLY.—
  447         (c)The association may extinguish a discriminatory
  448  restriction as provided under s. 712.065.
  449         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  450  following and, if they do not do so, shall be deemed to include
  451  the following:
  452         (d) Unit owner meetings.—
  453         1. An annual meeting of the unit owners must be held at the
  454  location provided in the association bylaws and, if the bylaws
  455  are silent as to the location, the meeting must be held within
  456  45 miles of the condominium property. However, such distance
  457  requirement does not apply to an association governing a
  458  timeshare condominium.
  459         2. Unless the bylaws provide otherwise, a vacancy on the
  460  board caused by the expiration of a director’s term must be
  461  filled by electing a new board member, and the election must be
  462  by secret ballot. An election is not required if the number of
  463  vacancies equals or exceeds the number of candidates. For
  464  purposes of this paragraph, the term “candidate” means an
  465  eligible person who has timely submitted the written notice, as
  466  described in sub-subparagraph 4.a., of his or her intention to
  467  become a candidate. Except in a timeshare or nonresidential
  468  condominium, or if the staggered term of a board member does not
  469  expire until a later annual meeting, or if all members’ terms
  470  would otherwise expire but there are no candidates, the terms of
  471  all board members expire at the annual meeting, and such members
  472  may stand for reelection unless prohibited by the bylaws. Board
  473  members may serve terms longer than 1 year if permitted by the
  474  bylaws or articles of incorporation. A board member may not
  475  serve more than 8 consecutive years unless approved by an
  476  affirmative vote of unit owners representing two-thirds of all
  477  votes cast in the election or unless there are not enough
  478  eligible candidates to fill the vacancies on the board at the
  479  time of the vacancy. Only board service that occurs on or after
  480  July 1, 2018, may be used when calculating a board member’s term
  481  limit. If the number of board members whose terms expire at the
  482  annual meeting equals or exceeds the number of candidates, the
  483  candidates become members of the board effective upon the
  484  adjournment of the annual meeting. Unless the bylaws provide
  485  otherwise, any remaining vacancies shall be filled by the
  486  affirmative vote of the majority of the directors making up the
  487  newly constituted board even if the directors constitute less
  488  than a quorum or there is only one director. In a residential
  489  condominium association of more than 10 units or in a
  490  residential condominium association that does not include
  491  timeshare units or timeshare interests, co-owners of a unit may
  492  not serve as members of the board of directors at the same time
  493  unless they own more than one unit or unless there are not
  494  enough eligible candidates to fill the vacancies on the board at
  495  the time of the vacancy. A unit owner in a residential
  496  condominium desiring to be a candidate for board membership must
  497  comply with sub-subparagraph 4.a. and must be eligible to be a
  498  candidate to serve on the board of directors at the time of the
  499  deadline for submitting a notice of intent to run in order to
  500  have his or her name listed as a proper candidate on the ballot
  501  or to serve on the board. A person who has been suspended or
  502  removed by the division under this chapter, or who is delinquent
  503  in the payment of any monetary obligation due to the
  504  association, is not eligible to be a candidate for board
  505  membership and may not be listed on the ballot. A person who has
  506  been convicted of any felony in this state or in a United States
  507  District or Territorial Court, or who has been convicted of any
  508  offense in another jurisdiction which would be considered a
  509  felony if committed in this state, is not eligible for board
  510  membership unless such felon’s civil rights have been restored
  511  for at least 5 years as of the date such person seeks election
  512  to the board. The validity of an action by the board is not
  513  affected if it is later determined that a board member is
  514  ineligible for board membership due to having been convicted of
  515  a felony. This subparagraph does not limit the term of a member
  516  of the board of a nonresidential or timeshare condominium.
  517         3. The bylaws must provide the method of calling meetings
  518  of unit owners, including annual meetings. Written notice of an
  519  annual meeting must include an agenda;, must be mailed, hand
  520  delivered, or electronically transmitted to each unit owner at
  521  least 14 days before the annual meeting;, and must be posted in
  522  a conspicuous place on the condominium property or association
  523  property at least 14 continuous days before the annual meeting.
  524  Written notice of a meeting other than an annual meeting must
  525  include an agenda; be mailed, hand delivered, or electronically
  526  transmitted to each unit owner; and be posted in a conspicuous
  527  place on the condominium property or association property within
  528  the timeframe specified in the bylaws. If the bylaws do not
  529  specify a timeframe for written notice of a meeting other than
  530  an annual meeting, notice must be provided at least 14
  531  continuous days before the meeting. Upon notice to the unit
  532  owners, the board shall, by duly adopted rule, designate a
  533  specific location on the condominium property or association
  534  property where all notices of unit owner meetings must be
  535  posted. This requirement does not apply if there is no
  536  condominium property for posting notices. In lieu of, or in
  537  addition to, the physical posting of meeting notices, the
  538  association may, by reasonable rule, adopt a procedure for
  539  conspicuously posting and repeatedly broadcasting the notice and
  540  the agenda on a closed-circuit cable television system serving
  541  the condominium association. However, if broadcast notice is
  542  used in lieu of a notice posted physically on the condominium
  543  property, the notice and agenda must be broadcast at least four
  544  times every broadcast hour of each day that a posted notice is
  545  otherwise required under this section. If broadcast notice is
  546  provided, the notice and agenda must be broadcast in a manner
  547  and for a sufficient continuous length of time so as to allow an
  548  average reader to observe the notice and read and comprehend the
  549  entire content of the notice and the agenda. In addition to any
  550  of the authorized means of providing notice of a meeting of the
  551  board, the association may, by rule, adopt a procedure for
  552  conspicuously posting the meeting notice and the agenda on a
  553  website serving the condominium association for at least the
  554  minimum period of time for which a notice of a meeting is also
  555  required to be physically posted on the condominium property.
  556  Any rule adopted shall, in addition to other matters, include a
  557  requirement that the association send an electronic notice in
  558  the same manner as a notice for a meeting of the members, which
  559  must include a hyperlink to the website where the notice is
  560  posted, to unit owners whose e-mail addresses are included in
  561  the association’s official records. Unless a unit owner waives
  562  in writing the right to receive notice of the annual meeting,
  563  such notice must be hand delivered, mailed, or electronically
  564  transmitted to each unit owner. Notice for meetings and notice
  565  for all other purposes must be mailed to each unit owner at the
  566  address last furnished to the association by the unit owner, or
  567  hand delivered to each unit owner. However, if a unit is owned
  568  by more than one person, the association must provide notice to
  569  the address that the developer identifies for that purpose and
  570  thereafter as one or more of the owners of the unit advise the
  571  association in writing, or if no address is given or the owners
  572  of the unit do not agree, to the address provided on the deed of
  573  record. An officer of the association, or the manager or other
  574  person providing notice of the association meeting, must provide
  575  an affidavit or United States Postal Service certificate of
  576  mailing, to be included in the official records of the
  577  association affirming that the notice was mailed or hand
  578  delivered in accordance with this provision.
  579         4. The members of the board of a residential condominium
  580  shall be elected by written ballot or voting machine. Proxies
  581  may not be used in electing the board in general elections or
  582  elections to fill vacancies caused by recall, resignation, or
  583  otherwise, unless otherwise provided in this chapter. This
  584  subparagraph does not apply to an association governing a
  585  timeshare condominium.
  586         a. At least 60 days before a scheduled election, the
  587  association shall mail, deliver, or electronically transmit, by
  588  separate association mailing or included in another association
  589  mailing, delivery, or transmission, including regularly
  590  published newsletters, to each unit owner entitled to a vote, a
  591  first notice of the date of the election. A unit owner or other
  592  eligible person desiring to be a candidate for the board must
  593  give written notice of his or her intent to be a candidate to
  594  the association at least 40 days before a scheduled election.
  595  Together with the written notice and agenda as set forth in
  596  subparagraph 3., the association shall mail, deliver, or
  597  electronically transmit a second notice of the election to all
  598  unit owners entitled to vote, together with a ballot that lists
  599  all candidates not less than 14 days or more than 34 days before
  600  the date of the election. Upon request of a candidate, an
  601  information sheet, no larger than 8 1/2 inches by 11 inches,
  602  which must be furnished by the candidate at least 35 days before
  603  the election, must be included with the mailing, delivery, or
  604  transmission of the ballot, with the costs of mailing, delivery,
  605  or electronic transmission and copying to be borne by the
  606  association. The association is not liable for the contents of
  607  the information sheets prepared by the candidates. In order to
  608  reduce costs, the association may print or duplicate the
  609  information sheets on both sides of the paper. The division
  610  shall by rule establish voting procedures consistent with this
  611  sub-subparagraph, including rules establishing procedures for
  612  giving notice by electronic transmission and rules providing for
  613  the secrecy of ballots. Elections shall be decided by a
  614  plurality of ballots cast. There is no quorum requirement;
  615  however, at least 20 percent of the eligible voters must cast a
  616  ballot in order to have a valid election. A unit owner may not
  617  authorize any other person to vote his or her ballot, and any
  618  ballots improperly cast are invalid. A unit owner who violates
  619  this provision may be fined by the association in accordance
  620  with s. 718.303. A unit owner who needs assistance in casting
  621  the ballot for the reasons stated in s. 101.051 may obtain such
  622  assistance. The regular election must occur on the date of the
  623  annual meeting. Notwithstanding this sub-subparagraph, an
  624  election is not required unless more candidates file notices of
  625  intent to run or are nominated than board vacancies exist.
  626         b. Within 90 days after being elected or appointed to the
  627  board of an association of a residential condominium, each newly
  628  elected or appointed director shall certify in writing to the
  629  secretary of the association that he or she has read the
  630  association’s declaration of condominium, articles of
  631  incorporation, bylaws, and current written policies; that he or
  632  she will work to uphold such documents and policies to the best
  633  of his or her ability; and that he or she will faithfully
  634  discharge his or her fiduciary responsibility to the
  635  association’s members. In lieu of this written certification,
  636  within 90 days after being elected or appointed to the board,
  637  the newly elected or appointed director may submit a certificate
  638  of having satisfactorily completed the educational curriculum
  639  administered by a division-approved condominium education
  640  provider within 1 year before or 90 days after the date of
  641  election or appointment. The written certification or
  642  educational certificate is valid and does not have to be
  643  resubmitted as long as the director serves on the board without
  644  interruption. A director of an association of a residential
  645  condominium who fails to timely file the written certification
  646  or educational certificate is suspended from service on the
  647  board until he or she complies with this sub-subparagraph. The
  648  board may temporarily fill the vacancy during the period of
  649  suspension. The secretary shall cause the association to retain
  650  a director’s written certification or educational certificate
  651  for inspection by the members for 5 years after a director’s
  652  election or the duration of the director’s uninterrupted tenure,
  653  whichever is longer. Failure to have such written certification
  654  or educational certificate on file does not affect the validity
  655  of any board action.
  656         c. Any challenge to the election process must be commenced
  657  within 60 days after the election results are announced.
  658         5. Any approval by unit owners called for by this chapter
  659  or the applicable declaration or bylaws, including, but not
  660  limited to, the approval requirement in s. 718.111(8), must be
  661  made at a duly noticed meeting of unit owners and is subject to
  662  all requirements of this chapter or the applicable condominium
  663  documents relating to unit owner decisionmaking, except that
  664  unit owners may take action by written agreement, without
  665  meetings, on matters for which action by written agreement
  666  without meetings is expressly allowed by the applicable bylaws
  667  or declaration or any law that provides for such action.
  668         6. Unit owners may waive notice of specific meetings if
  669  allowed by the applicable bylaws or declaration or any law.
  670  Notice of meetings of the board of administration, unit owner
  671  meetings, except unit owner meetings called to recall board
  672  members under paragraph (j), and committee meetings may be given
  673  by electronic transmission to unit owners who consent to receive
  674  notice by electronic transmission. A unit owner who consents to
  675  receiving notices by electronic transmission is solely
  676  responsible for removing or bypassing filters that block receipt
  677  of mass e-mails emails sent to members on behalf of the
  678  association in the course of giving electronic notices.
  679         7. Unit owners have the right to participate in meetings of
  680  unit owners with reference to all designated agenda items.
  681  However, the association may adopt reasonable rules governing
  682  the frequency, duration, and manner of unit owner participation.
  683         8. A unit owner may tape record or videotape a meeting of
  684  the unit owners subject to reasonable rules adopted by the
  685  division.
  686         9. Unless otherwise provided in the bylaws, any vacancy
  687  occurring on the board before the expiration of a term may be
  688  filled by the affirmative vote of the majority of the remaining
  689  directors, even if the remaining directors constitute less than
  690  a quorum, or by the sole remaining director. In the alternative,
  691  a board may hold an election to fill the vacancy, in which case
  692  the election procedures must conform to sub-subparagraph 4.a.
  693  unless the association governs 10 units or fewer and has opted
  694  out of the statutory election process, in which case the bylaws
  695  of the association control. Unless otherwise provided in the
  696  bylaws, a board member appointed or elected under this section
  697  shall fill the vacancy for the unexpired term of the seat being
  698  filled. Filling vacancies created by recall is governed by
  699  paragraph (j) and rules adopted by the division.
  700         10. This chapter does not limit the use of general or
  701  limited proxies, require the use of general or limited proxies,
  702  or require the use of a written ballot or voting machine for any
  703  agenda item or election at any meeting of a timeshare
  704  condominium association or nonresidential condominium
  705  association.
  706  
  707  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  708  association of 10 or fewer units may, by affirmative vote of a
  709  majority of the total voting interests, provide for different
  710  voting and election procedures in its bylaws, which may be by a
  711  proxy specifically delineating the different voting and election
  712  procedures. The different voting and election procedures may
  713  provide for elections to be conducted by limited or general
  714  proxy.
  715         (i) Transfer fees.An association may not no charge a fee
  716  shall be made by the association or any body thereof in
  717  connection with the sale, mortgage, lease, sublease, or other
  718  transfer of a unit unless the association is required to approve
  719  such transfer and a fee for such approval is provided for in the
  720  declaration, articles, or bylaws. Any such fee may be preset,
  721  but may not in no event may such fee exceed $150 $100 per
  722  applicant. For the purpose of calculating the fee, spouses or a
  723  parent or parents and any dependent children other than
  724  husband/wife or parent/dependent child, which are considered one
  725  applicant. However, if the lease or sublease is a renewal of a
  726  lease or sublease with the same lessee or sublessee, a charge
  727  may not no charge shall be made. Such fees must be adjusted
  728  every 5 years in an amount equal to the total of the annual
  729  increases occurring in the Consumer Price Index for All Urban
  730  Consumers, U.S. City Average, All Items during that 5-year
  731  period. The Department of Business and Professional Regulation
  732  shall periodically calculate the fees, rounded to the nearest
  733  dollar, and publish the amounts, as adjusted, on its website.
  734  The foregoing notwithstanding, an association may, if the
  735  authority to do so appears in the declaration, articles, or
  736  bylaws, an association may require that a prospective lessee
  737  place a security deposit, in an amount not to exceed the
  738  equivalent of 1 month’s rent, into an escrow account maintained
  739  by the association. The security deposit shall protect against
  740  damages to the common elements or association property. Payment
  741  of interest, claims against the deposit, refunds, and disputes
  742  under this paragraph shall be handled in the same fashion as
  743  provided in part II of chapter 83.
  744         (j) Recall of board members.—Subject to s. 718.301, any
  745  member of the board of administration may be recalled and
  746  removed from office with or without cause by the vote or
  747  agreement in writing by a majority of all the voting interests.
  748  A special meeting of the unit owners to recall a member or
  749  members of the board of administration may be called by 10
  750  percent of the voting interests giving notice of the meeting as
  751  required for a meeting of unit owners, and the notice shall
  752  state the purpose of the meeting. Electronic transmission may
  753  not be used as a method of giving notice of a meeting called in
  754  whole or in part for this purpose.
  755         1. If the recall is approved by a majority of all voting
  756  interests by a vote at a meeting, the recall will be effective
  757  as provided in this paragraph. The board shall duly notice and
  758  hold a board meeting within 5 full business days after the
  759  adjournment of the unit owner meeting to recall one or more
  760  board members. Such member or members shall be recalled
  761  effective immediately upon conclusion of the board meeting,
  762  provided that the recall is facially valid. A recalled member
  763  must turn over to the board, within 10 full business days after
  764  the vote, any and all records and property of the association in
  765  their possession.
  766         2. If the proposed recall is by an agreement in writing by
  767  a majority of all voting interests, the agreement in writing or
  768  a copy thereof shall be served on the association by certified
  769  mail or by personal service in the manner authorized by chapter
  770  48 and the Florida Rules of Civil Procedure. The board of
  771  administration shall duly notice and hold a meeting of the board
  772  within 5 full business days after receipt of the agreement in
  773  writing. Such member or members shall be recalled effective
  774  immediately upon the conclusion of the board meeting, provided
  775  that the recall is facially valid. A recalled member must turn
  776  over to the board, within 10 full business days, any and all
  777  records and property of the association in their possession.
  778         3. If the board fails to duly notice and hold a board
  779  meeting within 5 full business days after service of an
  780  agreement in writing or within 5 full business days after the
  781  adjournment of the unit owner recall meeting, the recall is
  782  shall be deemed effective and the board members so recalled
  783  shall turn over to the board within 10 full business days after
  784  the vote any and all records and property of the association.
  785         4. If the board fails to duly notice and hold the required
  786  meeting or at the conclusion of the meeting determines that the
  787  recall is not facially valid, the unit owner representative may
  788  file a petition or court action under pursuant to s. 718.1255
  789  challenging the board’s failure to act or challenging the
  790  board’s determination on facial validity. The petition or action
  791  must be filed within 60 days after the expiration of the
  792  applicable 5-full-business-day period. The review of a petition
  793  or action under this subparagraph is limited to the sufficiency
  794  of service on the board and the facial validity of the written
  795  agreement or ballots filed.
  796         5. If a vacancy occurs on the board as a result of a recall
  797  or removal and less than a majority of the board members are
  798  removed, the vacancy may be filled by the affirmative vote of a
  799  majority of the remaining directors, notwithstanding any
  800  provision to the contrary contained in this subsection. If
  801  vacancies occur on the board as a result of a recall and a
  802  majority or more of the board members are removed, the vacancies
  803  shall be filled in accordance with procedural rules to be
  804  adopted by the division, which rules need not be consistent with
  805  this subsection. The rules must provide procedures governing the
  806  conduct of the recall election as well as the operation of the
  807  association during the period after a recall but before the
  808  recall election.
  809         6. A board member who has been recalled may file a petition
  810  or court action under pursuant to s. 718.1255 challenging the
  811  validity of the recall. The petition or action must be filed
  812  within 60 days after the recall. The association and the unit
  813  owner representative shall be named as the respondents. The
  814  petition or action may challenge the facial validity of the
  815  written agreement or ballots filed or the substantial compliance
  816  with the procedural requirements for the recall. If the
  817  arbitrator or court determines the recall was invalid, the
  818  petitioning board member shall immediately be reinstated and the
  819  recall is null and void. A board member who is successful in
  820  challenging a recall is entitled to recover reasonable attorney
  821  fees and costs from the respondents. The arbitrator or court may
  822  award reasonable attorney fees and costs to the respondents if
  823  they prevail, if the arbitrator or court makes a finding that
  824  the petitioner’s claim is frivolous.
  825         7. The division or a court of competent jurisdiction may
  826  not accept for filing a recall petition or court action, whether
  827  filed under pursuant to subparagraph 1., subparagraph 2.,
  828  subparagraph 4., or subparagraph 6., when there are 60 or fewer
  829  days until the scheduled reelection of the board member sought
  830  to be recalled or when 60 or fewer days have elapsed since the
  831  election of the board member sought to be recalled.
  832         (k) Alternative dispute resolution Arbitration.—There must
  833  shall be a provision for alternative dispute resolution
  834  mandatory nonbinding arbitration as provided for in s. 718.1255
  835  for any residential condominium.
  836         (p)Service providers; conflicts of interest.—An
  837  association, which is not a timeshare condominium association,
  838  may not employ or contract with any service provider that is
  839  owned or operated by a board member or with any person who has a
  840  financial relationship with a board member or officer, or a
  841  relative within the third degree of consanguinity by blood or
  842  marriage of a board member or officer. This paragraph does not
  843  apply to a service provider in which a board member or officer,
  844  or a relative within the third degree of consanguinity by blood
  845  or marriage of a board member or officer, owns less than 1
  846  percent of the equity shares.
  847         Section 5. Subsection (8) of section 718.113, Florida
  848  Statutes, is amended, and subsection (9) is added to that
  849  section, to read:
  850         718.113 Maintenance; limitation upon improvement; display
  851  of flag; hurricane shutters and protection; display of religious
  852  decorations.—
  853         (8) The Legislature finds that the use of electric and
  854  natural gas fuel vehicles conserves and protects the state’s
  855  environmental resources, provides significant economic savings
  856  to drivers, and serves an important public interest. The
  857  participation of condominium associations is essential to the
  858  state’s efforts to conserve and protect the state’s
  859  environmental resources and provide economic savings to drivers.
  860  For purposes of this subsection, the term “natural gas fuel” has
  861  the same meaning as in s. 206.9951, and the term “natural gas
  862  fuel vehicle” means any motor vehicle, as defined in s. 320.01,
  863  that is powered by natural gas fuel. Therefore, the installation
  864  of an electric vehicle charging station or a natural gas fuel
  865  station shall be governed as follows:
  866         (a) A declaration of condominium or restrictive covenant
  867  may not prohibit or be enforced so as to prohibit any unit owner
  868  from installing an electric vehicle charging station or a
  869  natural gas fuel station within the boundaries of the unit
  870  owner’s limited common element or exclusively designated parking
  871  area. The board of administration of a condominium association
  872  may not prohibit a unit owner from installing an electric
  873  vehicle charging station for an electric vehicle, as defined in
  874  s. 320.01, or a natural gas fuel station for a natural gas fuel
  875  vehicle within the boundaries of his or her limited common
  876  element or exclusively designated parking area. The installation
  877  of such charging or fuel stations are subject to the provisions
  878  of this subsection.
  879         (b) The installation may not cause irreparable damage to
  880  the condominium property.
  881         (c) The electricity for the electric vehicle charging
  882  station or natural gas fuel station must be separately metered
  883  or metered by an embedded meter and payable by the unit owner
  884  installing such charging or fuel station or by his or her
  885  successor.
  886         (d)The cost for supply and storage of the natural gas fuel
  887  must be paid by the unit owner installing the natural gas fuel
  888  station or by his or her successor.
  889         (e)(d) The unit owner who is installing an electric vehicle
  890  charging station or a natural gas fuel station is responsible
  891  for the costs of installation, operation, maintenance, and
  892  repair, including, but not limited to, hazard and liability
  893  insurance. The association may enforce payment of such costs
  894  under pursuant to s. 718.116.
  895         (f)(e) If the unit owner or his or her successor decides
  896  there is no longer a need for the electric electronic vehicle
  897  charging station or natural gas fuel station, such person is
  898  responsible for the cost of removal of such the electronic
  899  vehicle charging or fuel station. The association may enforce
  900  payment of such costs under pursuant to s. 718.116.
  901         (g)The unit owner installing, maintaining, or removing the
  902  electric vehicle charging station or natural gas fuel station is
  903  responsible for complying with all federal, state, or local laws
  904  and regulations applicable to such installation, maintenance, or
  905  removal.
  906         (h)(f) The association may require the unit owner to:
  907         1. Comply with bona fide safety requirements, consistent
  908  with applicable building codes or recognized safety standards,
  909  for the protection of persons and property.
  910         2. Comply with reasonable architectural standards adopted
  911  by the association that govern the dimensions, placement, or
  912  external appearance of the electric vehicle charging station or
  913  natural gas fuel station, provided that such standards may not
  914  prohibit the installation of such charging or fuel station or
  915  substantially increase the cost thereof.
  916         3. Engage the services of a licensed and registered firm
  917  electrical contractor or engineer familiar with the installation
  918  or removal and core requirements of an electric vehicle charging
  919  station or a natural gas fuel station.
  920         4. Provide a certificate of insurance naming the
  921  association as an additional insured on the owner’s insurance
  922  policy for any claim related to the installation, maintenance,
  923  or use of the electric vehicle charging station or natural gas
  924  fuel station within 14 days after receiving the association’s
  925  approval to install such charging or fuel station or notice to
  926  provide such a certificate.
  927         5. Reimburse the association for the actual cost of any
  928  increased insurance premium amount attributable to the electric
  929  vehicle charging station or natural gas fuel station within 14
  930  days after receiving the association’s insurance premium
  931  invoice.
  932         (i)(g) The association provides an implied easement across
  933  the common elements of the condominium property to the unit
  934  owner for purposes of the installation of the electric vehicle
  935  charging station or natural gas fuel station installation, and
  936  the furnishing of electrical power or natural gas fuel supply,
  937  including any necessary equipment, to such charging or fuel
  938  station, subject to the requirements of this subsection.
  939         (9) The board of administration of an association may make
  940  available, install, or operate an electric vehicle charging
  941  station or a natural gas fuel station upon the common elements
  942  or association property and establish the charges or the manner
  943  of payments for the unit owners, residents, or guests who use
  944  the electric vehicle charging station or natural gas fuel
  945  station. For the purposes of this section, the installation,
  946  repair, or maintenance of an electric vehicle charging station
  947  or natural gas fuel station under this subsection does not
  948  constitute a material alteration or substantial addition to the
  949  common elements or association property.
  950         Section 6. Subsection (16) of section 718.117, Florida
  951  Statutes, is amended to read:
  952         718.117 Termination of condominium.—
  953         (16) RIGHT TO CONTEST.—A unit owner or lienor may contest a
  954  plan of termination by initiating a petition in accordance with
  955  for mandatory nonbinding arbitration pursuant to s. 718.1255
  956  within 90 days after the date the plan is recorded. A unit owner
  957  or lienor may only contest the fairness and reasonableness of
  958  the apportionment of the proceeds from the sale among the unit
  959  owners, that the liens of the first mortgages of unit owners
  960  other than the bulk owner have not or will not be satisfied to
  961  the extent required by subsection (3), or that the required vote
  962  to approve the plan was not obtained. A unit owner or lienor who
  963  does not contest the plan within the 90-day period is barred
  964  from asserting or prosecuting a claim against the association,
  965  the termination trustee, any unit owner, or any successor in
  966  interest to the condominium property. In an action contesting a
  967  plan of termination, the person contesting the plan has the
  968  burden of pleading and proving that the apportionment of the
  969  proceeds from the sale among the unit owners was not fair and
  970  reasonable or that the required vote was not obtained. The
  971  apportionment of sale proceeds is presumed fair and reasonable
  972  if it was determined pursuant to the methods prescribed in
  973  subsection (12). If the petition is filed with the division for
  974  arbitration, the arbitrator shall determine the rights and
  975  interests of the parties in the apportionment of the sale
  976  proceeds. If the arbitrator determines that the apportionment of
  977  sales proceeds is not fair and reasonable, the arbitrator may
  978  void the plan or may modify the plan to apportion the proceeds
  979  in a fair and reasonable manner pursuant to this section based
  980  upon the proceedings and order the modified plan of termination
  981  to be implemented. If the arbitrator determines that the plan
  982  was not properly approved, or that the procedures to adopt the
  983  plan were not properly followed, the arbitrator may void the
  984  plan or grant other relief it deems just and proper. The
  985  arbitrator shall automatically void the plan upon a finding that
  986  any of the disclosures required in subparagraph (3)(c)5. are
  987  omitted, misleading, incomplete, or inaccurate. Any challenge to
  988  a plan, other than a challenge that the required vote was not
  989  obtained, does not affect title to the condominium property or
  990  the vesting of the condominium property in the trustee, but
  991  shall only be a claim against the proceeds of the plan. In any
  992  such action, the prevailing party shall recover reasonable
  993  attorney fees and costs.
  994         Section 7. Subsections (2) and (4) of section 718.121,
  995  Florida Statutes, are amended to read:
  996         718.121 Liens.—
  997         (2) Labor performed on or materials furnished to a unit may
  998  shall not be the basis for the filing of a lien under pursuant
  999  to part I of chapter 713, the Construction Lien Law, against the
 1000  unit or condominium parcel of any unit owner not expressly
 1001  consenting to or requesting the labor or materials. Labor
 1002  performed on or materials furnished for the installation of a
 1003  natural gas fuel station or an electric electronic vehicle
 1004  charging station under pursuant to s. 718.113(8) may not be the
 1005  basis for filing a lien under part I of chapter 713 against the
 1006  association, but such a lien may be filed against the unit
 1007  owner. Labor performed on or materials furnished to the common
 1008  elements are not the basis for a lien on the common elements,
 1009  but if authorized by the association, the labor or materials are
 1010  deemed to be performed or furnished with the express consent of
 1011  each unit owner and may be the basis for the filing of a lien
 1012  against all condominium parcels in the proportions for which the
 1013  owners are liable for common expenses.
 1014         (4) Except as otherwise provided in this chapter, no lien
 1015  may be filed by the association against a condominium unit until
 1016  30 days after the date on which a notice of intent to file a
 1017  lien has been delivered to the owner by registered or certified
 1018  mail, return receipt requested, and by first-class United States
 1019  mail to the owner at his or her last address as reflected in the
 1020  records of the association, if the address is within the United
 1021  States, and delivered to the owner at the address of the unit if
 1022  the owner’s address as reflected in the records of the
 1023  association is not the unit address. If the address reflected in
 1024  the records is outside the United States, sending the notice to
 1025  that address and to the unit address by first-class United
 1026  States mail is sufficient. Delivery of the Notice is shall be
 1027  deemed to have been delivered given upon mailing as required by
 1028  this subsection, provided that it is. The notice must be in
 1029  substantially the following form:
 1030  
 1031                          NOTICE OF INTENT                         
 1032                      TO RECORD A CLAIM OF LIEN                    
 1033  
 1034         RE: Unit .... of ...(name of association)...
 1035  
 1036         The following amounts are currently due on your
 1037         account to ...(name of association)..., and must be
 1038         paid within 30 days after your receipt of this letter.
 1039         This letter shall serve as the association’s notice of
 1040         intent to record a Claim of Lien against your property
 1041         no sooner than 30 days after your receipt of this
 1042         letter, unless you pay in full the amounts set forth
 1043         below:
 1044  
 1045         Maintenance due ...(dates)...                      $.....
 1046         Late fee, if applicable                            $.....
 1047         Interest through ...(dates)...*                    $.....
 1048         Certified mail charges ...(dates)...               $.....
 1049         Other costs                                        $.....
 1050         TOTAL OUTSTANDING                                  $.....
 1051  
 1052         *Interest accrues at the rate of .... percent per annum.
 1053         Section 8. Section 718.1255, Florida Statutes, is amended
 1054  to read:
 1055         718.1255 Alternative dispute resolution; voluntary
 1056  mediation; mandatory nonbinding arbitration; legislative
 1057  findings.—
 1058         (1) DEFINITIONS.—As used in this section, the term
 1059  “dispute” means any disagreement between two or more parties
 1060  that involves:
 1061         (a) The authority of the board of directors, under this
 1062  chapter or association document, to:
 1063         1. Require any owner to take any action, or not to take any
 1064  action, involving that owner’s unit or the appurtenances
 1065  thereto.
 1066         2. Alter or add to a common area or element.
 1067         (b) The failure of a governing body, when required by this
 1068  chapter or an association document, to:
 1069         1. Properly conduct elections.
 1070         2. Give adequate notice of meetings or other actions.
 1071         3. Properly conduct meetings.
 1072         4. Allow inspection of books and records.
 1073         (c) A plan of termination pursuant to s. 718.117.
 1074  
 1075  “Dispute” does not include any disagreement that primarily
 1076  involves: title to any unit or common element; the
 1077  interpretation or enforcement of any warranty; the levy of a fee
 1078  or assessment, or the collection of an assessment levied against
 1079  a party; the eviction or other removal of a tenant from a unit;
 1080  alleged breaches of fiduciary duty by one or more directors; or
 1081  claims for damages to a unit based upon the alleged failure of
 1082  the association to maintain the common elements or condominium
 1083  property.
 1084         (2) VOLUNTARY MEDIATION.—Voluntary Mediation through
 1085  Citizen Dispute Settlement Centers as provided for in s. 44.201
 1086  is encouraged.
 1087         (3) LEGISLATIVE FINDINGS.—
 1088         (a) The Legislature finds that unit owners are frequently
 1089  at a disadvantage when litigating against an association.
 1090  Specifically, a condominium association, with its statutory
 1091  assessment authority, is often more able to bear the costs and
 1092  expenses of litigation than the unit owner who must rely on his
 1093  or her own financial resources to satisfy the costs of
 1094  litigation against the association.
 1095         (b) The Legislature finds that alternative dispute
 1096  resolution has been making progress in reducing court dockets
 1097  and trials and in offering a more efficient, cost-effective
 1098  option to court litigation. However, the Legislature also finds
 1099  that alternative dispute resolution should not be used as a
 1100  mechanism to encourage the filing of frivolous or nuisance
 1101  suits.
 1102         (c) There exists a need to develop a flexible means of
 1103  alternative dispute resolution that directs disputes to the most
 1104  efficient means of resolution.
 1105         (d) The high cost and significant delay of circuit court
 1106  litigation faced by unit owners in the state can be alleviated
 1107  by requiring nonbinding arbitration and mediation in appropriate
 1108  cases, thereby reducing delay and attorney attorney’s fees while
 1109  preserving the right of either party to have its case heard by a
 1110  jury, if applicable, in a court of law.
 1111         (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
 1112  DISPUTES.—The Division of Florida Condominiums, Timeshares, and
 1113  Mobile Homes of the Department of Business and Professional
 1114  Regulation may employ full-time attorneys to act as arbitrators
 1115  to conduct the arbitration hearings provided by this chapter.
 1116  The division may also certify attorneys who are not employed by
 1117  the division to act as arbitrators to conduct the arbitration
 1118  hearings provided by this chapter. A No person may not be
 1119  employed by the department as a full-time arbitrator unless he
 1120  or she is a member in good standing of The Florida Bar. A person
 1121  may only be certified by the division to act as an arbitrator if
 1122  he or she has been a member in good standing of The Florida Bar
 1123  for at least 5 years and has mediated or arbitrated at least 10
 1124  disputes involving condominiums in this state during the 3 years
 1125  immediately preceding the date of application, mediated or
 1126  arbitrated at least 30 disputes in any subject area in this
 1127  state during the 3 years immediately preceding the date of
 1128  application, or attained board certification in real estate law
 1129  or condominium and planned development law from The Florida Bar.
 1130  Arbitrator certification is valid for 1 year. An arbitrator who
 1131  does not maintain the minimum qualifications for initial
 1132  certification may not have his or her certification renewed. The
 1133  department may not enter into a legal services contract for an
 1134  arbitration hearing under this chapter with an attorney who is
 1135  not a certified arbitrator unless a certified arbitrator is not
 1136  available within 50 miles of the dispute. The department shall
 1137  adopt rules of procedure to govern such arbitration hearings
 1138  including mediation incident thereto. The decision of an
 1139  arbitrator is shall be final; however, a decision is shall not
 1140  be deemed final agency action. Nothing in this provision shall
 1141  be construed to foreclose parties from proceeding in a trial de
 1142  novo unless the parties have agreed that the arbitration is
 1143  binding. If judicial proceedings are initiated, the final
 1144  decision of the arbitrator is shall be admissible in evidence in
 1145  the trial de novo.
 1146         (a) Before Prior to the institution of court litigation, a
 1147  party to a dispute, other than an election or recall dispute,
 1148  shall either petition the division for nonbinding arbitration or
 1149  initiate presuit mediation as provided in subsection (5).
 1150  Arbitration is binding on the parties if all parties in
 1151  arbitration agree to be bound in a writing filed in arbitration.
 1152  The petition must be accompanied by a filing fee in the amount
 1153  of $50. Filing fees collected under this section must be used to
 1154  defray the expenses of the alternative dispute resolution
 1155  program.
 1156         (b) The petition must recite, and have attached thereto,
 1157  supporting proof that the petitioner gave the respondents:
 1158         1. Advance written notice of the specific nature of the
 1159  dispute;
 1160         2. A demand for relief, and a reasonable opportunity to
 1161  comply or to provide the relief; and
 1162         3. Notice of the intention to file an arbitration petition
 1163  or other legal action in the absence of a resolution of the
 1164  dispute.
 1165  
 1166  Failure to include the allegations or proof of compliance with
 1167  these prerequisites requires dismissal of the petition without
 1168  prejudice.
 1169         (c) Upon receipt, the petition shall be promptly reviewed
 1170  by the division to determine the existence of a dispute and
 1171  compliance with the requirements of paragraphs (a) and (b). If
 1172  emergency relief is required and is not available through
 1173  arbitration, a motion to stay the arbitration may be filed. The
 1174  motion must be accompanied by a verified petition alleging facts
 1175  that, if proven, would support entry of a temporary injunction,
 1176  and if an appropriate motion and supporting papers are filed,
 1177  the division may abate the arbitration pending a court hearing
 1178  and disposition of a motion for temporary injunction.
 1179         (d) Upon determination by the division that a dispute
 1180  exists and that the petition substantially meets the
 1181  requirements of paragraphs (a) and (b) and any other applicable
 1182  rules, the division shall assign or enter into a contract with
 1183  an arbitrator and serve a copy of the petition upon all
 1184  respondents. The arbitrator shall conduct a hearing within 30
 1185  days after being assigned or entering into a contract unless the
 1186  petition is withdrawn or a continuance is granted for good cause
 1187  shown.
 1188         (e) Before or after the filing of the respondents’ answer
 1189  to the petition, any party may request that the arbitrator refer
 1190  the case to mediation under this section and any rules adopted
 1191  by the division. Upon receipt of a request for mediation, the
 1192  division shall promptly contact the parties to determine if
 1193  there is agreement that mediation would be appropriate. If all
 1194  parties agree, the dispute must be referred to mediation.
 1195  Notwithstanding a lack of an agreement by all parties, the
 1196  arbitrator may refer a dispute to mediation at any time.
 1197         (f) Upon referral of a case to mediation, the parties must
 1198  select a mutually acceptable mediator. To assist in the
 1199  selection, the arbitrator shall provide the parties with a list
 1200  of both volunteer and paid mediators that have been certified by
 1201  the division under s. 718.501. If the parties are unable to
 1202  agree on a mediator within the time allowed by the arbitrator,
 1203  the arbitrator shall appoint a mediator from the list of
 1204  certified mediators. If a case is referred to mediation, the
 1205  parties shall attend a mediation conference, as scheduled by the
 1206  parties and the mediator. If any party fails to attend a duly
 1207  noticed mediation conference, without the permission or approval
 1208  of the arbitrator or mediator, the arbitrator must impose
 1209  sanctions against the party, including the striking of any
 1210  pleadings filed, the entry of an order of dismissal or default
 1211  if appropriate, and the award of costs and attorney fees
 1212  incurred by the other parties. Unless otherwise agreed to by the
 1213  parties or as provided by order of the arbitrator, a party is
 1214  deemed to have appeared at a mediation conference by the
 1215  physical presence of the party or its representative having full
 1216  authority to settle without further consultation, provided that
 1217  an association may comply by having one or more representatives
 1218  present with full authority to negotiate a settlement and
 1219  recommend that the board of administration ratify and approve
 1220  such a settlement within 5 days from the date of the mediation
 1221  conference. The parties shall share equally the expense of
 1222  mediation, unless they agree otherwise.
 1223         (g) The purpose of mediation as provided for by this
 1224  section is to present the parties with an opportunity to resolve
 1225  the underlying dispute in good faith, and with a minimum
 1226  expenditure of time and resources.
 1227         (h) Mediation proceedings must generally be conducted in
 1228  accordance with the Florida Rules of Civil Procedure, and these
 1229  proceedings are privileged and confidential to the same extent
 1230  as court-ordered mediation. Persons who are not parties to the
 1231  dispute are not allowed to attend the mediation conference
 1232  without the consent of all parties, with the exception of
 1233  counsel for the parties and corporate representatives designated
 1234  to appear for a party. If the mediator declares an impasse after
 1235  a mediation conference has been held, the arbitration proceeding
 1236  terminates, unless all parties agree in writing to continue the
 1237  arbitration proceeding, in which case the arbitrator’s decision
 1238  shall be binding or nonbinding, as agreed upon by the parties;
 1239  in the arbitration proceeding, the arbitrator shall not consider
 1240  any evidence relating to the unsuccessful mediation except in a
 1241  proceeding to impose sanctions for failure to appear at the
 1242  mediation conference. If the parties do not agree to continue
 1243  arbitration, the arbitrator shall enter an order of dismissal,
 1244  and either party may institute a suit in a court of competent
 1245  jurisdiction. The parties may seek to recover any costs and
 1246  attorney fees incurred in connection with arbitration and
 1247  mediation proceedings under this section as part of the costs
 1248  and fees that may be recovered by the prevailing party in any
 1249  subsequent litigation.
 1250         (i) Arbitration shall be conducted according to rules
 1251  adopted by the division. The filing of a petition for
 1252  arbitration shall toll the applicable statute of limitations.
 1253         (j) At the request of any party to the arbitration, the
 1254  arbitrator shall issue subpoenas for the attendance of witnesses
 1255  and the production of books, records, documents, and other
 1256  evidence and any party on whose behalf a subpoena is issued may
 1257  apply to the court for orders compelling such attendance and
 1258  production. Subpoenas shall be served and shall be enforceable
 1259  in the manner provided by the Florida Rules of Civil Procedure.
 1260  Discovery may, in the discretion of the arbitrator, be permitted
 1261  in the manner provided by the Florida Rules of Civil Procedure.
 1262  Rules adopted by the division may authorize any reasonable
 1263  sanctions except contempt for a violation of the arbitration
 1264  procedural rules of the division or for the failure of a party
 1265  to comply with a reasonable nonfinal order issued by an
 1266  arbitrator which is not under judicial review.
 1267         (k) The arbitration decision shall be rendered within 30
 1268  days after the hearing and presented to the parties in writing.
 1269  An arbitration decision is final in those disputes in which the
 1270  parties have agreed to be bound. An arbitration decision is also
 1271  final if a complaint for a trial de novo is not filed in a court
 1272  of competent jurisdiction in which the condominium is located
 1273  within 30 days. The right to file for a trial de novo entitles
 1274  the parties to file a complaint in the appropriate trial court
 1275  for a judicial resolution of the dispute. The prevailing party
 1276  in an arbitration proceeding shall be awarded the costs of the
 1277  arbitration and reasonable attorney fees in an amount determined
 1278  by the arbitrator. Such an award shall include the costs and
 1279  reasonable attorney fees incurred in the arbitration proceeding
 1280  as well as the costs and reasonable attorney fees incurred in
 1281  preparing for and attending any scheduled mediation. An
 1282  arbitrator’s failure to render a written decision within 30 days
 1283  after the hearing may result in the cancellation of his or her
 1284  arbitration certification.
 1285         (l) The party who files a complaint for a trial de novo
 1286  shall be assessed the other party’s arbitration costs, court
 1287  costs, and other reasonable costs, including attorney fees,
 1288  investigation expenses, and expenses for expert or other
 1289  testimony or evidence incurred after the arbitration hearing if
 1290  the judgment upon the trial de novo is not more favorable than
 1291  the arbitration decision. If the judgment is more favorable, the
 1292  party who filed a complaint for trial de novo shall be awarded
 1293  reasonable court costs and attorney fees.
 1294         (m) Any party to an arbitration proceeding may enforce an
 1295  arbitration award by filing a petition in a court of competent
 1296  jurisdiction in which the condominium is located. A petition may
 1297  not be granted unless the time for appeal by the filing of a
 1298  complaint for trial de novo has expired. If a complaint for a
 1299  trial de novo has been filed, a petition may not be granted with
 1300  respect to an arbitration award that has been stayed. If the
 1301  petition for enforcement is granted, the petitioner shall
 1302  recover reasonable attorney fees and costs incurred in enforcing
 1303  the arbitration award. A mediation settlement may also be
 1304  enforced through the county or circuit court, as applicable, and
 1305  any costs and fees incurred in the enforcement of a settlement
 1306  agreement reached at mediation must be awarded to the prevailing
 1307  party in any enforcement action.
 1308         (5) PRESUIT MEDIATION.—In lieu of the initiation of
 1309  nonbinding arbitration as provided in subsections (1)-(4), a
 1310  party may submit a dispute to presuit mediation in accordance
 1311  with s. 720.311; however, election and recall disputes are not
 1312  eligible for mediation and such disputes must be arbitrated by
 1313  the division or filed in a court of competent jurisdiction.
 1314         (6) DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every
 1315  arbitration petition received by the division and required to be
 1316  filed under this section challenging the legality of the
 1317  election of any director of the board of administration must be
 1318  handled on an expedited basis in the manner provided by the
 1319  division’s rules for recall arbitration disputes.
 1320         (7)(6) APPLICABILITY.—This section does not apply to a
 1321  nonresidential condominium unless otherwise specifically
 1322  provided for in the declaration of the nonresidential
 1323  condominium.
 1324         Section 9. Section 718.1265, Florida Statutes, is amended
 1325  to read:
 1326         718.1265 Association emergency powers.—
 1327         (1) To the extent allowed by law, and unless specifically
 1328  prohibited by the declaration of condominium, the articles, or
 1329  the bylaws of an association, and consistent with the provisions
 1330  of s. 617.0830, the board of administration, in response to
 1331  damage or injury caused by or anticipated in connection with an
 1332  emergency, as defined in s. 252.34(4), event for which a state
 1333  of emergency is declared pursuant to s. 252.36 in the locale in
 1334  which the condominium is located, may, but is not required to,
 1335  exercise the following powers:
 1336         (a) Conduct board meetings, committee meetings, elections,
 1337  and membership meetings, in whole or in part, by telephone,
 1338  real-time videoconferencing, or similar real-time electronic or
 1339  video communication with notice given as is practicable. Such
 1340  notice may be given in any practicable manner, including
 1341  publication, radio, United States mail, the Internet, electronic
 1342  transmission, public service announcements, and conspicuous
 1343  posting on the condominium property or association property or
 1344  any other means the board deems reasonable under the
 1345  circumstances. Notice of board decisions also may be
 1346  communicated as provided in this paragraph.
 1347         (b) Cancel and reschedule any association meeting.
 1348         (c) Name as assistant officers persons who are not
 1349  directors, which assistant officers shall have the same
 1350  authority as the executive officers to whom they are assistants
 1351  during the state of emergency to accommodate the incapacity or
 1352  unavailability of any officer of the association.
 1353         (d) Relocate the association’s principal office or
 1354  designate alternative principal offices.
 1355         (e) Enter into agreements with local counties and
 1356  municipalities to assist counties and municipalities with debris
 1357  removal.
 1358         (f) Implement a disaster plan or an emergency plan before,
 1359  during, or immediately following the event for which a state of
 1360  emergency is declared which may include, but is not limited to,
 1361  shutting down or off elevators; electricity; water, sewer, or
 1362  security systems; or air conditioners.
 1363         (g) Based upon advice of emergency management officials or
 1364  public health officials, or upon the advice of licensed
 1365  professionals retained by or otherwise available to the board,
 1366  determine any portion of the condominium property or association
 1367  property unavailable for entry or occupancy by unit owners,
 1368  family members, tenants, guests, agents, or invitees to protect
 1369  the health, safety, or welfare of such persons.
 1370         (h) Require the evacuation of the condominium property in
 1371  the event of a mandatory evacuation order in the locale in which
 1372  the condominium is located. Should any unit owner or other
 1373  occupant of a condominium fail or refuse to evacuate the
 1374  condominium property or association property where the board has
 1375  required evacuation, the association shall be immune from
 1376  liability or injury to persons or property arising from such
 1377  failure or refusal.
 1378         (i) Based upon advice of emergency management officials or
 1379  public health officials, or upon the advice of licensed
 1380  professionals retained by or otherwise available to the board,
 1381  determine whether the condominium property, association
 1382  property, or any portion thereof can be safely inhabited,
 1383  accessed, or occupied. However, such determination is not
 1384  conclusive as to any determination of habitability pursuant to
 1385  the declaration.
 1386         (j) Mitigate further damage, injury, or contagion,
 1387  including taking action to contract for the removal of debris
 1388  and to prevent or mitigate the spread of fungus or contagion,
 1389  including, but not limited to, mold or mildew, by removing and
 1390  disposing of wet drywall, insulation, carpet, cabinetry, or
 1391  other fixtures on or within the condominium property, even if
 1392  the unit owner is obligated by the declaration or law to insure
 1393  or replace those fixtures and to remove personal property from a
 1394  unit.
 1395         (k) Contract, on behalf of any unit owner or owners, for
 1396  items or services for which the owners are otherwise
 1397  individually responsible, but which are necessary to prevent
 1398  further injury, contagion, or damage to the condominium property
 1399  or association property. In such event, the unit owner or owners
 1400  on whose behalf the board has contracted are responsible for
 1401  reimbursing the association for the actual costs of the items or
 1402  services, and the association may use its lien authority
 1403  provided by s. 718.116 to enforce collection of the charges.
 1404  Without limitation, such items or services may include the
 1405  drying of units, the boarding of broken windows or doors, and
 1406  the replacement of damaged air conditioners or air handlers to
 1407  provide climate control in the units or other portions of the
 1408  property, and the sanitizing of the condominium property or
 1409  association property, as applicable.
 1410         (l) Regardless of any provision to the contrary and even if
 1411  such authority does not specifically appear in the declaration
 1412  of condominium, articles, or bylaws of the association, levy
 1413  special assessments without a vote of the owners.
 1414         (m) Without unit owners’ approval, borrow money and pledge
 1415  association assets as collateral to fund emergency repairs and
 1416  carry out the duties of the association when operating funds are
 1417  insufficient. This paragraph does not limit the general
 1418  authority of the association to borrow money, subject to such
 1419  restrictions as are contained in the declaration of condominium,
 1420  articles, or bylaws of the association.
 1421         (2) The special powers authorized under subsection (1)
 1422  shall be limited to that time reasonably necessary to protect
 1423  the health, safety, and welfare of the association and the unit
 1424  owners and the unit owners’ family members, tenants, guests,
 1425  agents, or invitees and shall be reasonably necessary to
 1426  mitigate further damage, injury, or contagion and make emergency
 1427  repairs.
 1428         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 1429  of emergency declared by executive order or proclamation of the
 1430  Governor pursuant to s. 252.36, an association may not prohibit
 1431  unit owners, tenants, guests, agents, or invitees of a unit
 1432  owner from accessing the unit and the common elements and
 1433  limited common elements appurtenant thereto for the purposes of
 1434  ingress to and egress from the unit and when access is necessary
 1435  in connection with:
 1436         (a)The sale, lease, or other transfer of title of a unit;
 1437  or
 1438         (b)The habitability of the unit or for the health and
 1439  safety of such person unless a governmental order or
 1440  determination, or a public health directive from the Centers for
 1441  Disease Control and Prevention, has been issued prohibiting such
 1442  access to the unit. Any such access is subject to reasonable
 1443  restrictions adopted by the association.
 1444         Section 10. Subsection (3) of section 718.202, Florida
 1445  Statutes, is amended to read:
 1446         718.202 Sales or reservation deposits prior to closing.—
 1447         (3) If the contract for sale of the condominium unit so
 1448  provides, the developer may withdraw escrow funds in excess of
 1449  10 percent of the purchase price from the special account
 1450  required by subsection (2) when the construction of improvements
 1451  has begun. He or she may use the funds for the actual costs
 1452  incurred by the developer in the actual construction and
 1453  development of the condominium property in which the unit to be
 1454  sold is located. For purposes of this subsection, the term
 1455  “actual costs” includes, but is not limited to, expenditures for
 1456  demolition, site clearing, permit fees, impact fees, and utility
 1457  reservation fees, as well as architectural, engineering, and
 1458  surveying fees that directly relate to construction and
 1459  development of the condominium property. However, no part of
 1460  these funds may be used for salaries, commissions, or expenses
 1461  of salespersons; or for advertising, marketing, or promotional
 1462  purposes; or for loan fees and costs, principal and interest on
 1463  loans, attorney fees, accounting fees, or insurance costs. A
 1464  contract which permits use of the advance payments for these
 1465  purposes shall include the following legend conspicuously
 1466  printed or stamped in boldfaced type on the first page of the
 1467  contract and immediately above the place for the signature of
 1468  the buyer: ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE
 1469  PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS
 1470  CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER.
 1471         Section 11. Subsection (1) and paragraph (b) of subsection
 1472  (3) of section 718.303, Florida Statutes, are amended to read:
 1473         718.303 Obligations of owners and occupants; remedies.—
 1474         (1) Each unit owner, each tenant and other invitee, and
 1475  each association is governed by, and must comply with the
 1476  provisions of, this chapter, the declaration, the documents
 1477  creating the association, and the association bylaws which are
 1478  shall be deemed expressly incorporated into any lease of a unit.
 1479  Actions at law or in equity for damages or for injunctive
 1480  relief, or both, for failure to comply with these provisions may
 1481  be brought by the association or by a unit owner against:
 1482         (a) The association.
 1483         (b) A unit owner.
 1484         (c) Directors designated by the developer, for actions
 1485  taken by them before control of the association is assumed by
 1486  unit owners other than the developer.
 1487         (d) Any director who willfully and knowingly fails to
 1488  comply with these provisions.
 1489         (e) Any tenant leasing a unit, and any other invitee
 1490  occupying a unit.
 1491  
 1492  The prevailing party in any such action or in any action in
 1493  which the purchaser claims a right of voidability based upon
 1494  contractual provisions as required in s. 718.503(1)(a) is
 1495  entitled to recover reasonable attorney attorney’s fees. A unit
 1496  owner prevailing in an action between the association and the
 1497  unit owner under this subsection section, in addition to
 1498  recovering his or her reasonable attorney attorney’s fees, may
 1499  recover additional amounts as determined by the court to be
 1500  necessary to reimburse the unit owner for his or her share of
 1501  assessments levied by the association to fund its expenses of
 1502  the litigation. This relief does not exclude other remedies
 1503  provided by law. Actions arising under this subsection are not
 1504  considered may not be deemed to be actions for specific
 1505  performance.
 1506         (3) The association may levy reasonable fines for the
 1507  failure of the owner of the unit or its occupant, licensee, or
 1508  invitee to comply with any provision of the declaration, the
 1509  association bylaws, or reasonable rules of the association. A
 1510  fine may not become a lien against a unit. A fine may be levied
 1511  by the board on the basis of each day of a continuing violation,
 1512  with a single notice and opportunity for hearing before a
 1513  committee as provided in paragraph (b). However, the fine may
 1514  not exceed $100 per violation, or $1,000 in the aggregate.
 1515         (b) A fine or suspension levied by the board of
 1516  administration may not be imposed unless the board first
 1517  provides at least 14 days’ written notice to the unit owner and,
 1518  if applicable, any tenant occupant, licensee, or invitee of the
 1519  unit owner sought to be fined or suspended, and an opportunity
 1520  for a hearing before a committee of at least three members
 1521  appointed by the board who are not officers, directors, or
 1522  employees of the association, or the spouse, parent, child,
 1523  brother, or sister of an officer, director, or employee. The
 1524  role of the committee is limited to determining whether to
 1525  confirm or reject the fine or suspension levied by the board. If
 1526  the committee does not approve the proposed fine or suspension
 1527  by majority vote, the fine or suspension may not be imposed. If
 1528  the proposed fine or suspension is approved by the committee,
 1529  the fine payment is due 5 days after notice of the approved fine
 1530  is provided to the unit owner and, if applicable, to any tenant,
 1531  licensee, or invitee of the unit owner the date of the committee
 1532  meeting at which the fine is approved. The association must
 1533  provide written notice of such fine or suspension by mail or
 1534  hand delivery to the unit owner and, if applicable, to any
 1535  tenant, licensee, or invitee of the unit owner.
 1536         Section 12. Subsection (5) is added to section 718.405,
 1537  Florida Statutes, to read:
 1538         718.405 Multicondominiums; multicondominium associations.—
 1539         (5) This section does not prevent or restrict a
 1540  multicondominium association from adopting a consolidated or
 1541  combined declaration of condominium if such declaration complies
 1542  with s. 718.104 and does not serve to merge the condominiums or
 1543  change the legal descriptions of the condominium parcels as set
 1544  forth in s. 718.109, unless accomplished in accordance with law.
 1545  This section is intended to clarify existing law and applies to
 1546  associations existing on July 1, 2021.
 1547         Section 13. Section 718.501, Florida Statutes, is amended
 1548  to read:
 1549         718.501 Authority, responsibility, and duties of Division
 1550  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1551         (1) The division may enforce and ensure compliance with the
 1552  provisions of this chapter and rules relating to the
 1553  development, construction, sale, lease, ownership, operation,
 1554  and management of residential condominium units. In performing
 1555  its duties, the division has complete jurisdiction to
 1556  investigate complaints and enforce compliance with respect to
 1557  associations that are still under developer control or the
 1558  control of a bulk assignee or bulk buyer pursuant to part VII of
 1559  this chapter and complaints against developers, bulk assignees,
 1560  or bulk buyers involving improper turnover or failure to
 1561  turnover, pursuant to s. 718.301. However, after turnover has
 1562  occurred, the division has jurisdiction to investigate
 1563  complaints related only to financial issues, elections, and the
 1564  maintenance of and unit owner access to association records
 1565  under pursuant to s. 718.111(12).
 1566         (a)1. The division may make necessary public or private
 1567  investigations within or outside this state to determine whether
 1568  any person has violated this chapter or any rule or order
 1569  hereunder, to aid in the enforcement of this chapter, or to aid
 1570  in the adoption of rules or forms.
 1571         2. The division may submit any official written report,
 1572  worksheet, or other related paper, or a duly certified copy
 1573  thereof, compiled, prepared, drafted, or otherwise made by and
 1574  duly authenticated by a financial examiner or analyst to be
 1575  admitted as competent evidence in any hearing in which the
 1576  financial examiner or analyst is available for cross-examination
 1577  and attests under oath that such documents were prepared as a
 1578  result of an examination or inspection conducted pursuant to
 1579  this chapter.
 1580         (b) The division may require or permit any person to file a
 1581  statement in writing, under oath or otherwise, as the division
 1582  determines, as to the facts and circumstances concerning a
 1583  matter to be investigated.
 1584         (c) For the purpose of any investigation under this
 1585  chapter, the division director or any officer or employee
 1586  designated by the division director may administer oaths or
 1587  affirmations, subpoena witnesses and compel their attendance,
 1588  take evidence, and require the production of any matter which is
 1589  relevant to the investigation, including the existence,
 1590  description, nature, custody, condition, and location of any
 1591  books, documents, or other tangible things and the identity and
 1592  location of persons having knowledge of relevant facts or any
 1593  other matter reasonably calculated to lead to the discovery of
 1594  material evidence. Upon the failure by a person to obey a
 1595  subpoena or to answer questions propounded by the investigating
 1596  officer and upon reasonable notice to all affected persons, the
 1597  division may apply to the circuit court for an order compelling
 1598  compliance.
 1599         (d) Notwithstanding any remedies available to unit owners
 1600  and associations, if the division has reasonable cause to
 1601  believe that a violation of any provision of this chapter or
 1602  related rule has occurred, the division may institute
 1603  enforcement proceedings in its own name against any developer,
 1604  bulk assignee, bulk buyer, association, officer, or member of
 1605  the board of administration, or its assignees or agents, as
 1606  follows:
 1607         1. The division may permit a person whose conduct or
 1608  actions may be under investigation to waive formal proceedings
 1609  and enter into a consent proceeding whereby orders, rules, or
 1610  letters of censure or warning, whether formal or informal, may
 1611  be entered against the person.
 1612         2. The division may issue an order requiring the developer,
 1613  bulk assignee, bulk buyer, association, developer-designated
 1614  officer, or developer-designated member of the board of
 1615  administration, developer-designated assignees or agents, bulk
 1616  assignee-designated assignees or agents, bulk buyer-designated
 1617  assignees or agents, community association manager, or community
 1618  association management firm to cease and desist from the
 1619  unlawful practice and take such affirmative action as in the
 1620  judgment of the division carry out the purposes of this chapter.
 1621  If the division finds that a developer, bulk assignee, bulk
 1622  buyer, association, officer, or member of the board of
 1623  administration, or its assignees or agents, is violating or is
 1624  about to violate any provision of this chapter, any rule adopted
 1625  or order issued by the division, or any written agreement
 1626  entered into with the division, and presents an immediate danger
 1627  to the public requiring an immediate final order, it may issue
 1628  an emergency cease and desist order reciting with particularity
 1629  the facts underlying such findings. The emergency cease and
 1630  desist order is effective for 90 days. If the division begins
 1631  nonemergency cease and desist proceedings, the emergency cease
 1632  and desist order remains effective until the conclusion of the
 1633  proceedings under ss. 120.569 and 120.57.
 1634         3. If a developer, bulk assignee, or bulk buyer, fails to
 1635  pay any restitution determined by the division to be owed, plus
 1636  any accrued interest at the highest rate permitted by law,
 1637  within 30 days after expiration of any appellate time period of
 1638  a final order requiring payment of restitution or the conclusion
 1639  of any appeal thereof, whichever is later, the division must
 1640  bring an action in circuit or county court on behalf of any
 1641  association, class of unit owners, lessees, or purchasers for
 1642  restitution, declaratory relief, injunctive relief, or any other
 1643  available remedy. The division may also temporarily revoke its
 1644  acceptance of the filing for the developer to which the
 1645  restitution relates until payment of restitution is made.
 1646         4. The division may petition the court for appointment of a
 1647  receiver or conservator. If appointed, the receiver or
 1648  conservator may take action to implement the court order to
 1649  ensure the performance of the order and to remedy any breach
 1650  thereof. In addition to all other means provided by law for the
 1651  enforcement of an injunction or temporary restraining order, the
 1652  circuit court may impound or sequester the property of a party
 1653  defendant, including books, papers, documents, and related
 1654  records, and allow the examination and use of the property by
 1655  the division and a court-appointed receiver or conservator.
 1656         5. The division may apply to the circuit court for an order
 1657  of restitution whereby the defendant in an action brought under
 1658  pursuant to subparagraph 4. is ordered to make restitution of
 1659  those sums shown by the division to have been obtained by the
 1660  defendant in violation of this chapter. At the option of the
 1661  court, such restitution is payable to the conservator or
 1662  receiver appointed under pursuant to subparagraph 4. or directly
 1663  to the persons whose funds or assets were obtained in violation
 1664  of this chapter.
 1665         6. The division may impose a civil penalty against a
 1666  developer, bulk assignee, or bulk buyer, or association, or its
 1667  assignee or agent, for any violation of this chapter or related
 1668  rule. The division may impose a civil penalty individually
 1669  against an officer or board member who willfully and knowingly
 1670  violates a provision of this chapter, adopted rule, or a final
 1671  order of the division; may order the removal of such individual
 1672  as an officer or from the board of administration or as an
 1673  officer of the association; and may prohibit such individual
 1674  from serving as an officer or on the board of a community
 1675  association for a period of time. The term “willfully and
 1676  knowingly” means that the division informed the officer or board
 1677  member that his or her action or intended action violates this
 1678  chapter, a rule adopted under this chapter, or a final order of
 1679  the division and that the officer or board member refused to
 1680  comply with the requirements of this chapter, a rule adopted
 1681  under this chapter, or a final order of the division. The
 1682  division, before initiating formal agency action under chapter
 1683  120, must afford the officer or board member an opportunity to
 1684  voluntarily comply, and an officer or board member who complies
 1685  within 10 days is not subject to a civil penalty. A penalty may
 1686  be imposed on the basis of each day of continuing violation, but
 1687  the penalty for any offense may not exceed $5,000. By January 1,
 1688  1998, The division shall adopt, by rule, penalty guidelines
 1689  applicable to possible violations or to categories of violations
 1690  of this chapter or rules adopted by the division. The guidelines
 1691  must specify a meaningful range of civil penalties for each such
 1692  violation of the statute and rules and must be based upon the
 1693  harm caused by the violation, the repetition of the violation,
 1694  and upon such other factors deemed relevant by the division. For
 1695  example, the division may consider whether the violations were
 1696  committed by a developer, bulk assignee, or bulk buyer, or
 1697  owner-controlled association, the size of the association, and
 1698  other factors. The guidelines must designate the possible
 1699  mitigating or aggravating circumstances that justify a departure
 1700  from the range of penalties provided by the rules. It is the
 1701  legislative intent that minor violations be distinguished from
 1702  those which endanger the health, safety, or welfare of the
 1703  condominium residents or other persons and that such guidelines
 1704  provide reasonable and meaningful notice to the public of likely
 1705  penalties that may be imposed for proscribed conduct. This
 1706  subsection does not limit the ability of the division to
 1707  informally dispose of administrative actions or complaints by
 1708  stipulation, agreed settlement, or consent order. All amounts
 1709  collected shall be deposited with the Chief Financial Officer to
 1710  the credit of the Division of Florida Condominiums, Timeshares,
 1711  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 1712  bulk buyer fails to pay the civil penalty and the amount deemed
 1713  to be owed to the association, the division shall issue an order
 1714  directing that such developer, bulk assignee, or bulk buyer
 1715  cease and desist from further operation until such time as the
 1716  civil penalty is paid or may pursue enforcement of the penalty
 1717  in a court of competent jurisdiction. If an association fails to
 1718  pay the civil penalty, the division shall pursue enforcement in
 1719  a court of competent jurisdiction, and the order imposing the
 1720  civil penalty or the cease and desist order is not effective
 1721  until 20 days after the date of such order. Any action commenced
 1722  by the division shall be brought in the county in which the
 1723  division has its executive offices or in the county where the
 1724  violation occurred.
 1725         7. If a unit owner presents the division with proof that
 1726  the unit owner has requested access to official records in
 1727  writing by certified mail, and that after 10 days the unit owner
 1728  again made the same request for access to official records in
 1729  writing by certified mail, and that more than 10 days has
 1730  elapsed since the second request and the association has still
 1731  failed or refused to provide access to official records as
 1732  required by this chapter, the division shall issue a subpoena
 1733  requiring production of the requested records where the records
 1734  are kept pursuant to s. 718.112.
 1735         8. In addition to subparagraph 6., the division may seek
 1736  the imposition of a civil penalty through the circuit court for
 1737  any violation for which the division may issue a notice to show
 1738  cause under paragraph (r). The civil penalty shall be at least
 1739  $500 but no more than $5,000 for each violation. The court may
 1740  also award to the prevailing party court costs and reasonable
 1741  attorney attorney’s fees and, if the division prevails, may also
 1742  award reasonable costs of investigation.
 1743         (e) The division may prepare and disseminate a prospectus
 1744  and other information to assist prospective owners, purchasers,
 1745  lessees, and developers of residential condominiums in assessing
 1746  the rights, privileges, and duties pertaining thereto.
 1747         (f) The division may adopt rules to administer and enforce
 1748  the provisions of this chapter.
 1749         (g) The division shall establish procedures for providing
 1750  notice to an association and the developer, bulk assignee, or
 1751  bulk buyer during the period in which the developer, bulk
 1752  assignee, or bulk buyer controls the association if the division
 1753  is considering the issuance of a declaratory statement with
 1754  respect to the declaration of condominium or any related
 1755  document governing such condominium community.
 1756         (h) The division shall furnish each association that pays
 1757  the fees required by paragraph (2)(a) a copy of this chapter, as
 1758  amended, and the rules adopted thereto on an annual basis.
 1759         (i) The division shall annually provide each association
 1760  with a summary of declaratory statements and formal legal
 1761  opinions relating to the operations of condominiums which were
 1762  rendered by the division during the previous year.
 1763         (j) The division shall provide training and educational
 1764  programs for condominium association board members and unit
 1765  owners. The training may, in the division’s discretion, include
 1766  web-based electronic media, and live training and seminars in
 1767  various locations throughout the state. The division may review
 1768  and approve education and training programs for board members
 1769  and unit owners offered by providers and shall maintain a
 1770  current list of approved programs and providers and make such
 1771  list available to board members and unit owners in a reasonable
 1772  and cost-effective manner.
 1773         (k) The division shall maintain a toll-free telephone
 1774  number accessible to condominium unit owners.
 1775         (l) The division shall develop a program to certify both
 1776  volunteer and paid mediators to provide mediation of condominium
 1777  disputes. The division shall provide, upon request, a list of
 1778  such mediators to any association, unit owner, or other
 1779  participant in alternative dispute resolution arbitration
 1780  proceedings under s. 718.1255 requesting a copy of the list. The
 1781  division shall include on the list of volunteer mediators only
 1782  the names of persons who have received at least 20 hours of
 1783  training in mediation techniques or who have mediated at least
 1784  20 disputes. In order to become initially certified by the
 1785  division, paid mediators must be certified by the Supreme Court
 1786  to mediate court cases in county or circuit courts. However, the
 1787  division may adopt, by rule, additional factors for the
 1788  certification of paid mediators, which must be related to
 1789  experience, education, or background. Any person initially
 1790  certified as a paid mediator by the division must, in order to
 1791  continue to be certified, comply with the factors or
 1792  requirements adopted by rule.
 1793         (m) If a complaint is made, the division must conduct its
 1794  inquiry with due regard for the interests of the affected
 1795  parties. Within 30 days after receipt of a complaint, the
 1796  division shall acknowledge the complaint in writing and notify
 1797  the complainant whether the complaint is within the jurisdiction
 1798  of the division and whether additional information is needed by
 1799  the division from the complainant. The division shall conduct
 1800  its investigation and, within 90 days after receipt of the
 1801  original complaint or of timely requested additional
 1802  information, take action upon the complaint. However, the
 1803  failure to complete the investigation within 90 days does not
 1804  prevent the division from continuing the investigation,
 1805  accepting or considering evidence obtained or received after 90
 1806  days, or taking administrative action if reasonable cause exists
 1807  to believe that a violation of this chapter or a rule has
 1808  occurred. If an investigation is not completed within the time
 1809  limits established in this paragraph, the division shall, on a
 1810  monthly basis, notify the complainant in writing of the status
 1811  of the investigation. When reporting its action to the
 1812  complainant, the division shall inform the complainant of any
 1813  right to a hearing under pursuant to ss. 120.569 and 120.57.
 1814         (n) Condominium association directors, officers, and
 1815  employees; condominium developers; bulk assignees, bulk buyers,
 1816  and community association managers; and community association
 1817  management firms have an ongoing duty to reasonably cooperate
 1818  with the division in any investigation under pursuant to this
 1819  section. The division shall refer to local law enforcement
 1820  authorities any person whom the division believes has altered,
 1821  destroyed, concealed, or removed any record, document, or thing
 1822  required to be kept or maintained by this chapter with the
 1823  purpose to impair its verity or availability in the department’s
 1824  investigation.
 1825         (o) The division may:
 1826         1. Contract with agencies in this state or other
 1827  jurisdictions to perform investigative functions; or
 1828         2. Accept grants-in-aid from any source.
 1829         (p) The division shall cooperate with similar agencies in
 1830  other jurisdictions to establish uniform filing procedures and
 1831  forms, public offering statements, advertising standards, and
 1832  rules and common administrative practices.
 1833         (q) The division shall consider notice to a developer, bulk
 1834  assignee, or bulk buyer to be complete when it is delivered to
 1835  the address of the developer, bulk assignee, or bulk buyer
 1836  currently on file with the division.
 1837         (r) In addition to its enforcement authority, the division
 1838  may issue a notice to show cause, which must provide for a
 1839  hearing, upon written request, in accordance with chapter 120.
 1840         (s) The division shall submit to the Governor, the
 1841  President of the Senate, the Speaker of the House of
 1842  Representatives, and the chairs of the legislative
 1843  appropriations committees an annual report that includes, but
 1844  need not be limited to, the number of training programs provided
 1845  for condominium association board members and unit owners, the
 1846  number of complaints received by type, the number and percent of
 1847  complaints acknowledged in writing within 30 days and the number
 1848  and percent of investigations acted upon within 90 days in
 1849  accordance with paragraph (m), and the number of investigations
 1850  exceeding the 90-day requirement. The annual report must also
 1851  include an evaluation of the division’s core business processes
 1852  and make recommendations for improvements, including statutory
 1853  changes. The report shall be submitted by September 30 following
 1854  the end of the fiscal year.
 1855         (2)(a) Each condominium association which operates more
 1856  than two units shall pay to the division an annual fee in the
 1857  amount of $4 for each residential unit in condominiums operated
 1858  by the association. If the fee is not paid by March 1, the
 1859  association shall be assessed a penalty of 10 percent of the
 1860  amount due, and the association will not have standing to
 1861  maintain or defend any action in the courts of this state until
 1862  the amount due, plus any penalty, is paid.
 1863         (b) All fees shall be deposited in the Division of Florida
 1864  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 1865  provided by law.
 1866         Section 14. Section 718.5014, Florida Statutes, is amended
 1867  to read:
 1868         718.5014 Ombudsman location.—The ombudsman shall maintain
 1869  his or her principal office in a Leon County on the premises of
 1870  the division or, if suitable space cannot be provided there, at
 1871  another place convenient to the offices of the division which
 1872  will enable the ombudsman to expeditiously carry out the duties
 1873  and functions of his or her office. The ombudsman may establish
 1874  branch offices elsewhere in the state upon the concurrence of
 1875  the Governor.
 1876         Section 15. Subsection (25) of section 719.103, Florida
 1877  Statutes, is amended to read:
 1878         719.103 Definitions.—As used in this chapter:
 1879         (25) “Unit” means a part of the cooperative property which
 1880  is subject to exclusive use and possession. A unit may be
 1881  improvements, land, or land and improvements together, as
 1882  specified in the cooperative documents. An interest in a unit is
 1883  an interest in real property.
 1884         Section 16. Paragraph (c) of subsection (2) of section
 1885  719.104, Florida Statutes, is amended to read:
 1886         719.104 Cooperatives; access to units; records; financial
 1887  reports; assessments; purchase of leases.—
 1888         (2) OFFICIAL RECORDS.—
 1889         (c) The official records of the association are open to
 1890  inspection by any association member or the authorized
 1891  representative of such member at all reasonable times. The right
 1892  to inspect the records includes the right to make or obtain
 1893  copies, at the reasonable expense, if any, of the association
 1894  member. The association may adopt reasonable rules regarding the
 1895  frequency, time, location, notice, and manner of record
 1896  inspections and copying, but may not require a member to
 1897  demonstrate any purpose or state any reason for the inspection.
 1898  The failure of an association to provide the records within 10
 1899  working days after receipt of a written request creates a
 1900  rebuttable presumption that the association willfully failed to
 1901  comply with this paragraph. A member unit owner who is denied
 1902  access to official records is entitled to the actual damages or
 1903  minimum damages for the association’s willful failure to comply.
 1904  The minimum damages are $50 per calendar day for up to 10 days,
 1905  beginning on the 11th working day after receipt of the written
 1906  request. The failure to permit inspection entitles any person
 1907  prevailing in an enforcement action to recover reasonable
 1908  attorney fees from the person in control of the records who,
 1909  directly or indirectly, knowingly denied access to the records.
 1910  Any person who knowingly or intentionally defaces or destroys
 1911  accounting records that are required by this chapter to be
 1912  maintained during the period for which such records are required
 1913  to be maintained, or who knowingly or intentionally fails to
 1914  create or maintain accounting records that are required to be
 1915  created or maintained, with the intent of causing harm to the
 1916  association or one or more of its members, is personally subject
 1917  to a civil penalty under pursuant to s. 719.501(1)(d). The
 1918  association shall maintain an adequate number of copies of the
 1919  declaration, articles of incorporation, bylaws, and rules, and
 1920  all amendments to each of the foregoing, as well as the question
 1921  and answer sheet as described in s. 719.504 and year-end
 1922  financial information required by the department, on the
 1923  cooperative property to ensure their availability to members
 1924  unit owners and prospective purchasers, and may charge its
 1925  actual costs for preparing and furnishing these documents to
 1926  those requesting the same. An association shall allow a member
 1927  or his or her authorized representative to use a portable
 1928  device, including a smartphone, tablet, portable scanner, or any
 1929  other technology capable of scanning or taking photographs, to
 1930  make an electronic copy of the official records in lieu of the
 1931  association providing the member or his or her authorized
 1932  representative with a copy of such records. The association may
 1933  not charge a member or his or her authorized representative for
 1934  the use of a portable device. Notwithstanding this paragraph,
 1935  the following records shall not be accessible to members unit
 1936  owners:
 1937         1. Any record protected by the lawyer-client privilege as
 1938  described in s. 90.502 and any record protected by the work
 1939  product privilege, including any record prepared by an
 1940  association attorney or prepared at the attorney’s express
 1941  direction which reflects a mental impression, conclusion,
 1942  litigation strategy, or legal theory of the attorney or the
 1943  association, and which was prepared exclusively for civil or
 1944  criminal litigation or for adversarial administrative
 1945  proceedings, or which was prepared in anticipation of such
 1946  litigation or proceedings until the conclusion of the litigation
 1947  or proceedings.
 1948         2. Information obtained by an association in connection
 1949  with the approval of the lease, sale, or other transfer of a
 1950  unit.
 1951         3. Personnel records of association or management company
 1952  employees, including, but not limited to, disciplinary, payroll,
 1953  health, and insurance records. For purposes of this
 1954  subparagraph, the term “personnel records” does not include
 1955  written employment agreements with an association employee or
 1956  management company, or budgetary or financial records that
 1957  indicate the compensation paid to an association employee.
 1958         4. Medical records of unit owners.
 1959         5. Social security numbers, driver license numbers, credit
 1960  card numbers, e-mail addresses, telephone numbers, facsimile
 1961  numbers, emergency contact information, addresses of a unit
 1962  owner other than as provided to fulfill the association’s notice
 1963  requirements, and other personal identifying information of any
 1964  person, excluding the person’s name, unit designation, mailing
 1965  address, property address, and any address, e-mail address, or
 1966  facsimile number provided to the association to fulfill the
 1967  association’s notice requirements. Notwithstanding the
 1968  restrictions in this subparagraph, an association may print and
 1969  distribute to unit parcel owners a directory containing the
 1970  name, unit parcel address, and all telephone numbers of each
 1971  unit parcel owner. However, an owner may exclude his or her
 1972  telephone numbers from the directory by so requesting in writing
 1973  to the association. An owner may consent in writing to the
 1974  disclosure of other contact information described in this
 1975  subparagraph. The association is not liable for the inadvertent
 1976  disclosure of information that is protected under this
 1977  subparagraph if the information is included in an official
 1978  record of the association and is voluntarily provided by an
 1979  owner and not requested by the association.
 1980         6. Electronic security measures that are used by the
 1981  association to safeguard data, including passwords.
 1982         7. The software and operating system used by the
 1983  association which allow the manipulation of data, even if the
 1984  owner owns a copy of the same software used by the association.
 1985  The data is part of the official records of the association.
 1986         Section 17. Paragraphs (b), (f), and (l) of subsection (1)
 1987  of section 719.106, Florida Statutes, are amended, and
 1988  subsection (3) is added to that section, to read:
 1989         719.106 Bylaws; cooperative ownership.—
 1990         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1991  documents shall provide for the following, and if they do not,
 1992  they shall be deemed to include the following:
 1993         (b) Quorum; voting requirements; proxies.—
 1994         1. Unless otherwise provided in the bylaws, the percentage
 1995  of voting interests required to constitute a quorum at a meeting
 1996  of the members shall be a majority of voting interests, and
 1997  decisions shall be made by owners of a majority of the voting
 1998  interests. Unless otherwise provided in this chapter, or in the
 1999  articles of incorporation, bylaws, or other cooperative
 2000  documents, and except as provided in subparagraph (d)1.,
 2001  decisions shall be made by owners of a majority of the voting
 2002  interests represented at a meeting at which a quorum is present.
 2003         2. Except as specifically otherwise provided herein, after
 2004  January 1, 1992, unit owners may not vote by general proxy, but
 2005  may vote by limited proxies substantially conforming to a
 2006  limited proxy form adopted by the division. Limited proxies and
 2007  general proxies may be used to establish a quorum. Limited
 2008  proxies shall be used for votes taken to waive or reduce
 2009  reserves in accordance with subparagraph (j)2., for votes taken
 2010  to waive the financial reporting requirements of s.
 2011  719.104(4)(b), for votes taken to amend the articles of
 2012  incorporation or bylaws pursuant to this section, and for any
 2013  other matter for which this chapter requires or permits a vote
 2014  of the unit owners. Except as provided in paragraph (d), after
 2015  January 1, 1992, no proxy, limited or general, shall be used in
 2016  the election of board members. General proxies may be used for
 2017  other matters for which limited proxies are not required, and
 2018  may also be used in voting for nonsubstantive changes to items
 2019  for which a limited proxy is required and given. Notwithstanding
 2020  the provisions of this section, unit owners may vote in person
 2021  at unit owner meetings. Nothing contained herein shall limit the
 2022  use of general proxies or require the use of limited proxies or
 2023  require the use of limited proxies for any agenda item or
 2024  election at any meeting of a timeshare cooperative.
 2025         3. Any proxy given shall be effective only for the specific
 2026  meeting for which originally given and any lawfully adjourned
 2027  meetings thereof. In no event shall any proxy be valid for a
 2028  period longer than 90 days after the date of the first meeting
 2029  for which it was given. Every proxy shall be revocable at any
 2030  time at the pleasure of the unit owner executing it.
 2031         4. A member of the board of administration or a committee
 2032  may submit in writing his or her agreement or disagreement with
 2033  any action taken at a meeting that the member did not attend.
 2034  This agreement or disagreement may not be used as a vote for or
 2035  against the action taken and may not be used for the purposes of
 2036  creating a quorum.
 2037         5. A board member or committee member participating in a
 2038  meeting via telephone, real-time videoconferencing, or similar
 2039  real-time electronic or video communication counts toward a
 2040  quorum, and such member may vote as if physically present When
 2041  some or all of the board or committee members meet by telephone
 2042  conference, those board or committee members attending by
 2043  telephone conference may be counted toward obtaining a quorum
 2044  and may vote by telephone. A telephone speaker must shall be
 2045  used utilized so that the conversation of such those board or
 2046  committee members attending by telephone may be heard by the
 2047  board or committee members attending in person, as well as by
 2048  any unit owners present at a meeting.
 2049         (f) Recall of board members.—Subject to s. 719.301, any
 2050  member of the board of administration may be recalled and
 2051  removed from office with or without cause by the vote or
 2052  agreement in writing by a majority of all the voting interests.
 2053  A special meeting of the voting interests to recall any member
 2054  of the board of administration may be called by 10 percent of
 2055  the unit owners giving notice of the meeting as required for a
 2056  meeting of unit owners, and the notice shall state the purpose
 2057  of the meeting. Electronic transmission may not be used as a
 2058  method of giving notice of a meeting called in whole or in part
 2059  for this purpose.
 2060         1. If the recall is approved by a majority of all voting
 2061  interests by a vote at a meeting, the recall shall be effective
 2062  as provided in this paragraph. The board shall duly notice and
 2063  hold a board meeting within 5 full business days after the
 2064  adjournment of the unit owner meeting to recall one or more
 2065  board members. At the meeting, the board shall either certify
 2066  the recall, in which case such member or members shall be
 2067  recalled effective immediately and shall turn over to the board
 2068  within 5 full business days any and all records and property of
 2069  the association in their possession, or shall proceed as set
 2070  forth in subparagraph 3.
 2071         2. If the proposed recall is by an agreement in writing by
 2072  a majority of all voting interests, the agreement in writing or
 2073  a copy thereof shall be served on the association by certified
 2074  mail or by personal service in the manner authorized by chapter
 2075  48 and the Florida Rules of Civil Procedure. The board of
 2076  administration shall duly notice and hold a meeting of the board
 2077  within 5 full business days after receipt of the agreement in
 2078  writing. At the meeting, the board shall either certify the
 2079  written agreement to recall members of the board, in which case
 2080  such members shall be recalled effective immediately and shall
 2081  turn over to the board, within 5 full business days, any and all
 2082  records and property of the association in their possession, or
 2083  proceed as described in subparagraph 3.
 2084         3. If the board determines not to certify the written
 2085  agreement to recall members of the board, or does not certify
 2086  the recall by a vote at a meeting, the board shall, within 5
 2087  full business days after the board meeting, file with the
 2088  division a petition for binding arbitration under pursuant to
 2089  the procedures of s. 719.1255 or file an action with a court of
 2090  competent jurisdiction. For purposes of this paragraph, the unit
 2091  owners who voted at the meeting or who executed the agreement in
 2092  writing shall constitute one party under the petition for
 2093  arbitration or in a court action. If the arbitrator or court
 2094  certifies the recall as to any member of the board, the recall
 2095  is shall be effective upon the mailing of the final order of
 2096  arbitration to the association or the final order of the court.
 2097  If the association fails to comply with the order of the court
 2098  or the arbitrator, the division may take action under pursuant
 2099  to s. 719.501. Any member so recalled shall deliver to the board
 2100  any and all records and property of the association in the
 2101  member’s possession within 5 full business days after the
 2102  effective date of the recall.
 2103         4. If the board fails to duly notice and hold a board
 2104  meeting within 5 full business days after service of an
 2105  agreement in writing or within 5 full business days after the
 2106  adjournment of the unit owner recall meeting, the recall is
 2107  shall be deemed effective and the board members so recalled
 2108  shall immediately turn over to the board any and all records and
 2109  property of the association.
 2110         5. If the board fails to duly notice and hold the required
 2111  meeting or fails to file the required petition or action, the
 2112  unit owner representative may file a petition under pursuant to
 2113  s. 719.1255 or file an action in a court of competent
 2114  jurisdiction challenging the board’s failure to act. The
 2115  petition or action must be filed within 60 days after the
 2116  expiration of the applicable 5-full-business-day period. The
 2117  review of a petition or action under this subparagraph is
 2118  limited to the sufficiency of service on the board and the
 2119  facial validity of the written agreement or ballots filed.
 2120         6. If a vacancy occurs on the board as a result of a recall
 2121  and less than a majority of the board members are removed, the
 2122  vacancy may be filled by the affirmative vote of a majority of
 2123  the remaining directors, notwithstanding any provision to the
 2124  contrary contained in this chapter. If vacancies occur on the
 2125  board as a result of a recall and a majority or more of the
 2126  board members are removed, the vacancies shall be filled in
 2127  accordance with procedural rules to be adopted by the division,
 2128  which rules need not be consistent with this chapter. The rules
 2129  must provide procedures governing the conduct of the recall
 2130  election as well as the operation of the association during the
 2131  period after a recall but before the recall election.
 2132         7. A board member who has been recalled may file a petition
 2133  under pursuant to s. 719.1255 or file an action in a court of
 2134  competent jurisdiction challenging the validity of the recall.
 2135  The petition or action must be filed within 60 days after the
 2136  recall is deemed certified. The association and the unit owner
 2137  representative shall be named as the respondents.
 2138         8. The division or court may not accept for filing a recall
 2139  petition or action, whether filed under pursuant to subparagraph
 2140  1., subparagraph 2., subparagraph 5., or subparagraph 7. and
 2141  regardless of whether the recall was certified, when there are
 2142  60 or fewer days until the scheduled reelection of the board
 2143  member sought to be recalled or when 60 or fewer days have not
 2144  elapsed since the election of the board member sought to be
 2145  recalled.
 2146         (l) Alternative dispute resolution Arbitration.—There shall
 2147  be a provision for alternative dispute resolution mandatory
 2148  nonbinding arbitration of internal disputes arising from the
 2149  operation of the cooperative in accordance with s. 719.1255.
 2150         (3) GENERALLY.—The association may extinguish a
 2151  discriminatory restriction as provided under s. 712.065.
 2152         Section 18. Section 719.128, Florida Statutes, is amended
 2153  to read:
 2154         719.128 Association emergency powers.—
 2155         (1) To the extent allowed by law, unless specifically
 2156  prohibited by the cooperative documents, and consistent with s.
 2157  617.0830, the board of administration, in response to damage or
 2158  injury caused by or anticipated in connection with an emergency,
 2159  as defined in s. 252.34(4), event for which a state of emergency
 2160  is declared pursuant to s. 252.36 in the area encompassed by the
 2161  cooperative, may exercise the following powers:
 2162         (a) Conduct board meetings, committee meetings, elections,
 2163  or membership meetings, in whole or in part, by telephone, real
 2164  time videoconferencing, or similar real-time electronic or video
 2165  communication after notice of the meetings and board decisions
 2166  is provided in as practicable a manner as possible, including
 2167  via publication, radio, United States mail, the Internet,
 2168  electronic transmission, public service announcements,
 2169  conspicuous posting on the cooperative property, or any other
 2170  means the board deems appropriate under the circumstances.
 2171  Notice of decisions may also be communicated as provided in this
 2172  paragraph.
 2173         (b) Cancel and reschedule an association meeting.
 2174         (c) Designate assistant officers who are not directors. If
 2175  the executive officer is incapacitated or unavailable, the
 2176  assistant officer has the same authority during the state of
 2177  emergency as the executive officer he or she assists.
 2178         (d) Relocate the association’s principal office or
 2179  designate an alternative principal office.
 2180         (e) Enter into agreements with counties and municipalities
 2181  to assist counties and municipalities with debris removal.
 2182         (f) Implement a disaster or an emergency plan before,
 2183  during, or immediately following the event for which a state of
 2184  emergency is declared, which may include turning on or shutting
 2185  off elevators; electricity; water, sewer, or security systems;
 2186  or air conditioners for association buildings.
 2187         (g) Based upon the advice of emergency management officials
 2188  or public health officials, or upon the advice of licensed
 2189  professionals retained by or otherwise available to the board of
 2190  administration, determine any portion of the cooperative
 2191  property unavailable for entry or occupancy by unit owners or
 2192  their family members, tenants, guests, agents, or invitees to
 2193  protect their health, safety, or welfare.
 2194         (h) Based upon the advice of emergency management officials
 2195  or public health officials, or upon the advice of licensed
 2196  professionals retained by or otherwise available to the board of
 2197  administration, determine whether the cooperative property or
 2198  any portion thereof can be safely inhabited or occupied.
 2199  However, such determination is not conclusive as to any
 2200  determination of habitability pursuant to the cooperative
 2201  documents declaration.
 2202         (i) Require the evacuation of the cooperative property in
 2203  the event of a mandatory evacuation order in the area where the
 2204  cooperative is located or prohibit or restrict access to the
 2205  cooperative property in the event of a public health threat. If
 2206  a unit owner or other occupant of a cooperative fails to
 2207  evacuate the cooperative property for which the board has
 2208  required evacuation, the association is immune from liability
 2209  for injury to persons or property arising from such failure.
 2210         (j) Mitigate further damage, injury, or contagion,
 2211  including taking action to contract for the removal of debris
 2212  and to prevent or mitigate the spread of fungus, including mold
 2213  or mildew, by removing and disposing of wet drywall, insulation,
 2214  carpet, cabinetry, or other fixtures on or within the
 2215  cooperative property, regardless of whether the unit owner is
 2216  obligated by the cooperative documents declaration or law to
 2217  insure or replace those fixtures and to remove personal property
 2218  from a unit or to sanitize the cooperative property.
 2219         (k) Contract, on behalf of a unit owner, for items or
 2220  services for which the owner is otherwise individually
 2221  responsible, but which are necessary to prevent further injury,
 2222  contagion, or damage to the cooperative property. In such event,
 2223  the unit owner on whose behalf the board has contracted is
 2224  responsible for reimbursing the association for the actual costs
 2225  of the items or services, and the association may use its lien
 2226  authority provided by s. 719.108 to enforce collection of the
 2227  charges. Such items or services may include the drying of the
 2228  unit, the boarding of broken windows or doors, and the
 2229  replacement of a damaged air conditioner or air handler to
 2230  provide climate control in the unit or other portions of the
 2231  property, and the sanitizing of the cooperative property.
 2232         (l) Notwithstanding a provision to the contrary, and
 2233  regardless of whether such authority does not specifically
 2234  appear in the cooperative documents, levy special assessments
 2235  without a vote of the owners.
 2236         (m) Without unit owners’ approval, borrow money and pledge
 2237  association assets as collateral to fund emergency repairs and
 2238  carry out the duties of the association if operating funds are
 2239  insufficient. This paragraph does not limit the general
 2240  authority of the association to borrow money, subject to such
 2241  restrictions contained in the cooperative documents.
 2242         (2) The authority granted under subsection (1) is limited
 2243  to that time reasonably necessary to protect the health, safety,
 2244  and welfare of the association and the unit owners and their
 2245  family members, tenants, guests, agents, or invitees, and to
 2246  mitigate further damage, injury, or contagion and make emergency
 2247  repairs.
 2248         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 2249  of emergency declared by executive order or proclamation of the
 2250  Governor pursuant to s. 252.36, an association may not prohibit
 2251  unit owners, tenants, guests, agents, or invitees of a unit
 2252  owner from accessing the common elements and limited common
 2253  elements appurtenant thereto for the purposes of ingress to and
 2254  egress from the unit when access is necessary in connection
 2255  with:
 2256         (a)The sale, lease, or other transfer of title of a unit;
 2257  or
 2258         (b)The habitability of the unit or for the health and
 2259  safety of such person unless a governmental order or
 2260  determination, or a public health directive from the Centers for
 2261  Disease Control and Prevention, has been issued prohibiting such
 2262  access to the unit. Any such access is subject to reasonable
 2263  restrictions adopted by the association.
 2264         Section 19. Subsection (8) of section 720.301, Florida
 2265  Statutes, is amended to read:
 2266         720.301 Definitions.—As used in this chapter, the term:
 2267         (8) “Governing documents” means:
 2268         (a) The recorded declaration of covenants for a community
 2269  and all duly adopted and recorded amendments, supplements, and
 2270  recorded exhibits thereto; and
 2271         (b) The articles of incorporation and bylaws of the
 2272  homeowners’ association and any duly adopted amendments thereto;
 2273  and
 2274         (c) Rules and regulations adopted under the authority of
 2275  the recorded declaration, articles of incorporation, or bylaws
 2276  and duly adopted amendments thereto.
 2277         Section 20. Present paragraph (l) of subsection (4) of
 2278  section 720.303, Florida Statutes, is redesignated as paragraph
 2279  (m) and amended, a new paragraph (l) is added to that
 2280  subsection, paragraph (i) is added to subsection (6) of that
 2281  section, and paragraph (c) of subsection (2), paragraph (c) of
 2282  subsection (5), paragraphs (c) and (d) of subsection (6), and
 2283  paragraphs (b), (d), (g), (k), and (l) of subsection (10) of
 2284  that section are amended, to read:
 2285         720.303 Association powers and duties; meetings of board;
 2286  official records; budgets; financial reporting; association
 2287  funds; recalls.—
 2288         (2) BOARD MEETINGS.—
 2289         (c) The bylaws shall provide the following for giving
 2290  notice to parcel owners and members of all board meetings and,
 2291  if they do not do so, shall be deemed to include the following:
 2292         1. Notices of all board meetings must be posted in a
 2293  conspicuous place in the community at least 48 hours in advance
 2294  of a meeting, except in an emergency. In the alternative, if
 2295  notice is not posted in a conspicuous place in the community,
 2296  notice of each board meeting must be mailed or delivered to each
 2297  member at least 7 days before the meeting, except in an
 2298  emergency. Notwithstanding this general notice requirement, for
 2299  communities with more than 100 members, the association bylaws
 2300  may provide for a reasonable alternative to posting or mailing
 2301  of notice for each board meeting, including publication of
 2302  notice, provision of a schedule of board meetings, or the
 2303  conspicuous posting and repeated broadcasting of the notice on a
 2304  closed-circuit cable television system serving the homeowners’
 2305  association. However, if broadcast notice is used in lieu of a
 2306  notice posted physically in the community, the notice must be
 2307  broadcast at least four times every broadcast hour of each day
 2308  that a posted notice is otherwise required. When broadcast
 2309  notice is provided, the notice and agenda must be broadcast in a
 2310  manner and for a sufficient continuous length of time so as to
 2311  allow an average reader to observe the notice and read and
 2312  comprehend the entire content of the notice and the agenda. In
 2313  addition to any of the authorized means of providing notice of a
 2314  meeting of the board, the association may, by rule, adopt a
 2315  procedure for conspicuously posting the meeting notice and the
 2316  agenda on the association’s website or an application that can
 2317  be downloaded on a mobile device for at least the minimum period
 2318  of time for which a notice of a meeting is also required to be
 2319  physically posted on the association property. Any rule adopted
 2320  must, in addition to other matters, include a requirement that
 2321  the association send an electronic notice to members whose e
 2322  mail addresses are included in the association’s official
 2323  records in the same manner as is required for a notice of a
 2324  meeting of the members. Such notice must include a hyperlink to
 2325  the website or such mobile application on which the meeting
 2326  notice is posted. The association may provide notice by
 2327  electronic transmission in a manner authorized by law for
 2328  meetings of the board of directors, committee meetings requiring
 2329  notice under this section, and annual and special meetings of
 2330  the members to any member who has provided a facsimile number or
 2331  e-mail address to the association to be used for such purposes;
 2332  however, a member must consent in writing to receiving notice by
 2333  electronic transmission.
 2334         2. An assessment may not be levied at a board meeting
 2335  unless the notice of the meeting includes a statement that
 2336  assessments will be considered and the nature of the
 2337  assessments. Written notice of any meeting at which special
 2338  assessments will be considered or at which amendments to rules
 2339  regarding parcel use will be considered must be mailed,
 2340  delivered, or electronically transmitted to the members and
 2341  parcel owners and posted conspicuously on the property or
 2342  broadcast on closed-circuit cable television not less than 14
 2343  days before the meeting.
 2344         3. Directors may not vote by proxy or by secret ballot at
 2345  board meetings, except that secret ballots may be used in the
 2346  election of officers. This subsection also applies to the
 2347  meetings of any committee or other similar body, when a final
 2348  decision will be made regarding the expenditure of association
 2349  funds, and to any body vested with the power to approve or
 2350  disapprove architectural decisions with respect to a specific
 2351  parcel of residential property owned by a member of the
 2352  community.
 2353         (4) OFFICIAL RECORDS.—The association shall maintain each
 2354  of the following items, when applicable, which constitute the
 2355  official records of the association:
 2356         (l) Ballots, sign-in sheets, voting proxies, and all other
 2357  papers and electronic records relating to voting by parcel
 2358  owners, which must be maintained for at least 1 year after the
 2359  date of the election, vote, or meeting.
 2360         (m)(l) All other written records of the association not
 2361  specifically included in this subsection the foregoing which are
 2362  related to the operation of the association.
 2363         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 2364  shall be maintained within the state for at least 7 years and
 2365  shall be made available to a parcel owner for inspection or
 2366  photocopying within 45 miles of the community or within the
 2367  county in which the association is located within 10 business
 2368  days after receipt by the board or its designee of a written
 2369  request. This subsection may be complied with by having a copy
 2370  of the official records available for inspection or copying in
 2371  the community or, at the option of the association, by making
 2372  the records available to a parcel owner electronically via the
 2373  Internet or by allowing the records to be viewed in electronic
 2374  format on a computer screen and printed upon request. If the
 2375  association has a photocopy machine available where the records
 2376  are maintained, it must provide parcel owners with copies on
 2377  request during the inspection if the entire request is limited
 2378  to no more than 25 pages. An association shall allow a member or
 2379  his or her authorized representative to use a portable device,
 2380  including a smartphone, tablet, portable scanner, or any other
 2381  technology capable of scanning or taking photographs, to make an
 2382  electronic copy of the official records in lieu of the
 2383  association’s providing the member or his or her authorized
 2384  representative with a copy of such records. The association may
 2385  not charge a fee to a member or his or her authorized
 2386  representative for the use of a portable device.
 2387         (c) The association may adopt reasonable written rules
 2388  governing the frequency, time, location, notice, records to be
 2389  inspected, and manner of inspections, but may not require a
 2390  parcel owner to demonstrate any proper purpose for the
 2391  inspection, state any reason for the inspection, or limit a
 2392  parcel owner’s right to inspect records to less than one 8-hour
 2393  business day per month. The association may impose fees to cover
 2394  the costs of providing copies of the official records, including
 2395  the costs of copying and the costs required for personnel to
 2396  retrieve and copy the records if the time spent retrieving and
 2397  copying the records exceeds one-half hour and if the personnel
 2398  costs do not exceed $20 per hour. Personnel costs may not be
 2399  charged for records requests that result in the copying of 25 or
 2400  fewer pages. The association may charge up to 25 cents per page
 2401  for copies made on the association’s photocopier. If the
 2402  association does not have a photocopy machine available where
 2403  the records are kept, or if the records requested to be copied
 2404  exceed 25 pages in length, the association may have copies made
 2405  by an outside duplicating service and may charge the actual cost
 2406  of copying, as supported by the vendor invoice. The association
 2407  shall maintain an adequate number of copies of the recorded
 2408  governing documents, to ensure their availability to members and
 2409  prospective members. Notwithstanding this paragraph, the
 2410  following records are not accessible to members or parcel
 2411  owners:
 2412         1. Any record protected by the lawyer-client privilege as
 2413  described in s. 90.502 and any record protected by the work
 2414  product privilege, including, but not limited to, a record
 2415  prepared by an association attorney or prepared at the
 2416  attorney’s express direction which reflects a mental impression,
 2417  conclusion, litigation strategy, or legal theory of the attorney
 2418  or the association and which was prepared exclusively for civil
 2419  or criminal litigation or for adversarial administrative
 2420  proceedings or which was prepared in anticipation of such
 2421  litigation or proceedings until the conclusion of the litigation
 2422  or proceedings.
 2423         2. Information obtained by an association in connection
 2424  with the approval of the lease, sale, or other transfer of a
 2425  parcel.
 2426         3. Information an association obtains in a gated community
 2427  in connection with guests’ visits to parcel owners or community
 2428  residents.
 2429         4. Personnel records of association or management company
 2430  employees, including, but not limited to, disciplinary, payroll,
 2431  health, and insurance records. For purposes of this
 2432  subparagraph, the term “personnel records” does not include
 2433  written employment agreements with an association or management
 2434  company employee or budgetary or financial records that indicate
 2435  the compensation paid to an association or management company
 2436  employee.
 2437         5.4. Medical records of parcel owners or community
 2438  residents.
 2439         6.5. Social security numbers, driver license numbers,
 2440  credit card numbers, electronic mailing addresses, telephone
 2441  numbers, facsimile numbers, emergency contact information, any
 2442  addresses for a parcel owner other than as provided for
 2443  association notice requirements, and other personal identifying
 2444  information of any person, excluding the person’s name, parcel
 2445  designation, mailing address, and property address.
 2446  Notwithstanding the restrictions in this subparagraph, an
 2447  association may print and distribute to parcel owners a
 2448  directory containing the name, parcel address, and all telephone
 2449  numbers of each parcel owner. However, an owner may exclude his
 2450  or her telephone numbers from the directory by so requesting in
 2451  writing to the association. An owner may consent in writing to
 2452  the disclosure of other contact information described in this
 2453  subparagraph. The association is not liable for the disclosure
 2454  of information that is protected under this subparagraph if the
 2455  information is included in an official record of the association
 2456  and is voluntarily provided by an owner and not requested by the
 2457  association.
 2458         7.6. Any electronic security measure that is used by the
 2459  association to safeguard data, including passwords.
 2460         8.7. The software and operating system used by the
 2461  association which allows the manipulation of data, even if the
 2462  owner owns a copy of the same software used by the association.
 2463  The data is part of the official records of the association.
 2464         (6) BUDGETS.—
 2465         (c)1. If the budget of the association does not provide for
 2466  reserve accounts under pursuant to paragraph (d), or the
 2467  declaration of covenants, articles, or bylaws do not obligate
 2468  the developer to create reserves, and the association is
 2469  responsible for the repair and maintenance of capital
 2470  improvements that may result in a special assessment if reserves
 2471  are not provided or not fully funded, each financial report for
 2472  the preceding fiscal year required by subsection (7) must
 2473  contain the following statement in conspicuous type:
 2474  
 2475  THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED
 2476  RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED
 2477  MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS REGARDING
 2478  THOSE ITEMS. OWNERS MAY ELECT TO PROVIDE FOR FULLY FUNDED
 2479  RESERVE ACCOUNTS UNDER PURSUANT TO SECTION 720.303(6), FLORIDA
 2480  STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
 2481  VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
 2482  MEETING OR BY WRITTEN CONSENT.
 2483         2. If the budget of the association does provide for
 2484  funding accounts for deferred expenditures, including, but not
 2485  limited to, funds for capital expenditures and deferred
 2486  maintenance, but such accounts are not created or established
 2487  under pursuant to paragraph (d), each financial report for the
 2488  preceding fiscal year required under subsection (7) must also
 2489  contain the following statement in conspicuous type:
 2490  THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
 2491  DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
 2492  AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
 2493  IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
 2494  TO PROVIDE FOR RESERVE ACCOUNTS UNDER PURSUANT TO SECTION
 2495  720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
 2496  RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
 2497  ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
 2498         (d) An association is deemed to have provided for reserve
 2499  accounts if reserve accounts have been initially established by
 2500  the developer or if the membership of the association
 2501  affirmatively elects to provide for reserves. If reserve
 2502  accounts are established by the developer, the budget must
 2503  designate the components for which the reserve accounts may be
 2504  used. If reserve accounts are not initially provided by the
 2505  developer, the membership of the association may elect to do so
 2506  upon the affirmative approval of a majority of the total voting
 2507  interests of the association. Such approval may be obtained by
 2508  vote of the members at a duly called meeting of the membership
 2509  or by the written consent of a majority of the total voting
 2510  interests of the association. The approval action of the
 2511  membership must state that reserve accounts shall be provided
 2512  for in the budget and must designate the components for which
 2513  the reserve accounts are to be established. Upon approval by the
 2514  membership, the board of directors shall include the required
 2515  reserve accounts in the budget in the next fiscal year following
 2516  the approval and each year thereafter. Once established as
 2517  provided in this subsection, the reserve accounts must be funded
 2518  or maintained or have their funding waived in the manner
 2519  provided in paragraph (f).
 2520         (i)1.While a developer is in control of a homeowners’
 2521  association, the developer may, but is not required to, include
 2522  reserves in the budget. If the developer includes reserves in
 2523  the budget, the developer may determine the amount of reserves
 2524  included. The developer is not obligated to pay for:
 2525         a.Contributions to reserve accounts for capital
 2526  expenditures and deferred maintenance, as well as any other
 2527  reserves that the homeowners association or the developer may
 2528  be required to fund pursuant to any state, municipal, county, or
 2529  other governmental statute or ordinance;
 2530         b.Operating expenses; or
 2531         c.Any other assessments related to the developer’s parcels
 2532  for any period of time for which the developer has provided in
 2533  the declaration that in lieu of paying any assessments imposed
 2534  on any parcel owned by the developer, the developer need only
 2535  pay the deficit, if any, in any fiscal year of the association,
 2536  between the total amount of the assessments receivable from
 2537  other members plus any other association income and the lesser
 2538  of the budgeted or actual expenses incurred by the association
 2539  during such fiscal year.
 2540         2.This paragraph applies to all homeowners’ associations
 2541  existing on or created after July 1, 2021.
 2542         (10) RECALL OF DIRECTORS.—
 2543         (b)1. Board directors may be recalled by an agreement in
 2544  writing or by written ballot without a membership meeting. The
 2545  agreement in writing or the written ballots, or a copy thereof,
 2546  shall be served on the association by certified mail or by
 2547  personal service in the manner authorized by chapter 48 and the
 2548  Florida Rules of Civil Procedure.
 2549         2. The board shall duly notice and hold a meeting of the
 2550  board within 5 full business days after receipt of the agreement
 2551  in writing or written ballots. At the meeting, the board shall
 2552  either certify the written ballots or written agreement to
 2553  recall a director or directors of the board, in which case such
 2554  director or directors shall be recalled effective immediately
 2555  and shall turn over to the board within 5 full business days any
 2556  and all records and property of the association in their
 2557  possession, or proceed as described in paragraph (d).
 2558         3. When it is determined by the department pursuant to
 2559  binding arbitration proceedings or the court in an action filed
 2560  in a court of competent jurisdiction that an initial recall
 2561  effort was defective, written recall agreements or written
 2562  ballots used in the first recall effort and not found to be
 2563  defective may be reused in one subsequent recall effort.
 2564  However, in no event is a written agreement or written ballot
 2565  valid for more than 120 days after it has been signed by the
 2566  member.
 2567         4. Any rescission or revocation of a member’s written
 2568  recall ballot or agreement must be in writing and, in order to
 2569  be effective, must be delivered to the association before the
 2570  association is served with the written recall agreements or
 2571  ballots.
 2572         5. The agreement in writing or ballot shall list at least
 2573  as many possible replacement directors as there are directors
 2574  subject to the recall, when at least a majority of the board is
 2575  sought to be recalled; the person executing the recall
 2576  instrument may vote for as many replacement candidates as there
 2577  are directors subject to the recall.
 2578         (d) If the board determines not to certify the written
 2579  agreement or written ballots to recall a director or directors
 2580  of the board or does not certify the recall by a vote at a
 2581  meeting, the board shall, within 5 full business days after the
 2582  meeting, file an action with a court of competent jurisdiction
 2583  or file with the department a petition for binding arbitration
 2584  under pursuant to the applicable procedures in ss. 718.112(2)(j)
 2585  and 718.1255 and the rules adopted thereunder. For the purposes
 2586  of this section, the members who voted at the meeting or who
 2587  executed the agreement in writing shall constitute one party
 2588  under the petition for arbitration or in a court action. If the
 2589  arbitrator or court certifies the recall as to any director or
 2590  directors of the board, the recall will be effective upon the
 2591  final order of the court or the mailing of the final order of
 2592  arbitration to the association. The director or directors so
 2593  recalled shall deliver to the board any and all records of the
 2594  association in their possession within 5 full business days
 2595  after the effective date of the recall.
 2596         (g) If the board fails to duly notice and hold the required
 2597  meeting or fails to file the required petition or action, the
 2598  parcel unit owner representative may file a petition or a court
 2599  action under pursuant to s. 718.1255 challenging the board’s
 2600  failure to act. The petition or action must be filed within 60
 2601  days after the expiration of the applicable 5-full-business-day
 2602  period. The review of a petition or action under this paragraph
 2603  is limited to the sufficiency of service on the board and the
 2604  facial validity of the written agreement or ballots filed.
 2605         (k) A board member who has been recalled may file an action
 2606  with a court of competent jurisdiction or a petition under
 2607  pursuant to ss. 718.112(2)(j) and 718.1255 and the rules adopted
 2608  challenging the validity of the recall. The petition or action
 2609  must be filed within 60 days after the recall is deemed
 2610  certified. The association and the parcel unit owner
 2611  representative shall be named as respondents.
 2612         (l) The division or a court of competent jurisdiction may
 2613  not accept for filing a recall petition or action, whether filed
 2614  under pursuant to paragraph (b), paragraph (c), paragraph (g),
 2615  or paragraph (k) and regardless of whether the recall was
 2616  certified, when there are 60 or fewer days until the scheduled
 2617  reelection of the board member sought to be recalled or when 60
 2618  or fewer days have not elapsed since the election of the board
 2619  member sought to be recalled.
 2620         Section 21. Subsection (2) of section 720.305, Florida
 2621  Statutes, is amended to read:
 2622         720.305 Obligations of members; remedies at law or in
 2623  equity; levy of fines and suspension of use rights.—
 2624         (2) An The association may levy reasonable fines. A fine
 2625  may not exceed $100 per violation against any member or any
 2626  member’s tenant, guest, or invitee for the failure of the owner
 2627  of the parcel or its occupant, licensee, or invitee to comply
 2628  with any provision of the declaration, the association bylaws,
 2629  or reasonable rules of the association unless otherwise provided
 2630  in the governing documents. A fine may be levied by the board
 2631  for each day of a continuing violation, with a single notice and
 2632  opportunity for hearing, except that the fine may not exceed
 2633  $1,000 in the aggregate unless otherwise provided in the
 2634  governing documents. A fine of less than $1,000 may not become a
 2635  lien against a parcel. In any action to recover a fine, the
 2636  prevailing party is entitled to reasonable attorney fees and
 2637  costs from the nonprevailing party as determined by the court.
 2638         (a) An association may suspend, for a reasonable period of
 2639  time, the right of a member, or a member’s tenant, guest, or
 2640  invitee, to use common areas and facilities for the failure of
 2641  the owner of the parcel or its occupant, licensee, or invitee to
 2642  comply with any provision of the declaration, the association
 2643  bylaws, or reasonable rules of the association. This paragraph
 2644  does not apply to that portion of common areas used to provide
 2645  access or utility services to the parcel. A suspension may not
 2646  prohibit an owner or tenant of a parcel from having vehicular
 2647  and pedestrian ingress to and egress from the parcel, including,
 2648  but not limited to, the right to park.
 2649         (b) A fine or suspension levied by the board of
 2650  administration may not be imposed unless the board first
 2651  provides at least 14 days’ notice to the parcel owner and, if
 2652  applicable, any occupant, licensee, or invitee of the parcel
 2653  owner, sought to be fined or suspended and an opportunity for a
 2654  hearing before a committee of at least three members appointed
 2655  by the board who are not officers, directors, or employees of
 2656  the association, or the spouse, parent, child, brother, or
 2657  sister of an officer, director, or employee. If the committee,
 2658  by majority vote, does not approve a proposed fine or
 2659  suspension, the proposed fine or suspension may not be imposed.
 2660  The role of the committee is limited to determining whether to
 2661  confirm or reject the fine or suspension levied by the board. If
 2662  the proposed fine or suspension levied by the board is approved
 2663  by the committee, the fine payment is due 5 days after notice of
 2664  the approved fine is provided to the parcel owner and, if
 2665  applicable, to any occupant, licensee, or invitee of the parcel
 2666  owner the date of the committee meeting at which the fine is
 2667  approved. The association must provide written notice of such
 2668  fine or suspension by mail or hand delivery to the parcel owner
 2669  and, if applicable, to any occupant tenant, licensee, or invitee
 2670  of the parcel owner.
 2671         Section 22. Paragraph (g) of subsection (1) and paragraph
 2672  (c) of subsection (9) of section 720.306, Florida Statutes, are
 2673  amended, and paragraph (h) is added to subsection (1) of that
 2674  section, to read:
 2675         720.306 Meetings of members; voting and election
 2676  procedures; amendments.—
 2677         (1) QUORUM; AMENDMENTS.—
 2678         (g) A notice required under this section must be mailed or
 2679  delivered to the address identified as the parcel owner’s
 2680  mailing address in the official records of the association as
 2681  required under s. 720.303(4) on the property appraiser’s website
 2682  for the county in which the parcel is located, or electronically
 2683  transmitted in a manner authorized by the association if the
 2684  parcel owner has consented, in writing, to receive notice by
 2685  electronic transmission.
 2686         (h)1. Except as otherwise provided in this paragraph, any
 2687  governing document, or amendment to a governing document, that
 2688  is enacted after July 1, 2021, and that prohibits or regulates
 2689  rental agreements applies only to a parcel owner who acquires
 2690  title to the parcel after the effective date of the governing
 2691  document or amendment, or to a parcel owner who consents,
 2692  individually or through a representative, to the governing
 2693  document or amendment.
 2694         2. Notwithstanding subparagraph 1., an association may
 2695  amend its governing documents to prohibit or regulate rental
 2696  agreements for a term of less than 6 months and may prohibit the
 2697  rental of a parcel for more than three times in a calendar year,
 2698  and such amendments shall apply to all parcel owners.
 2699         3. This paragraph does not affect the amendment
 2700  restrictions for associations of 15 or fewer parcel owners under
 2701  s. 720.303(1).
 2702         4. For purposes of this paragraph, a change of ownership
 2703  does not occur when a parcel owner conveys the parcel to an
 2704  affiliated entity, when beneficial ownership of the parcel does
 2705  not change, or when an heir becomes the parcel owner. For
 2706  purposes of this subparagraph, the term “affiliated entity”
 2707  means an entity that controls, is controlled by, or is under
 2708  common control with the parcel owner or that becomes a parent or
 2709  successor entity by reason of transfer, merger, consolidation,
 2710  public offering, reorganization, dissolution or sale of stock,
 2711  or transfer of membership partnership interests. For a
 2712  conveyance to be recognized as one made to an affiliated entity,
 2713  the entity must furnish to the association a document certifying
 2714  that this subparagraph applies and provide any organizational
 2715  documents for the parcel owner and the affiliated entity which
 2716  support the representations in the certificate, as requested by
 2717  the association.
 2718         5. For purposes of this paragraph, a change of ownership
 2719  does occur when, with respect to a parcel owner that is a
 2720  business entity, every person that owned an interest in the real
 2721  property at the time of the enactment of the amendment or rule
 2722  conveys their interest in the real property to an unaffiliated
 2723  entity.
 2724         (9) ELECTIONS AND BOARD VACANCIES.—
 2725         (c) Any election dispute between a member and an
 2726  association must be submitted to mandatory binding arbitration
 2727  with the division or filed with a court of competent
 2728  jurisdiction. Such proceedings that are submitted to binding
 2729  arbitration with the division must be conducted in the manner
 2730  provided by s. 718.1255 and the procedural rules adopted by the
 2731  division. Unless otherwise provided in the bylaws, any vacancy
 2732  occurring on the board before the expiration of a term may be
 2733  filled by an affirmative vote of the majority of the remaining
 2734  directors, even if the remaining directors constitute less than
 2735  a quorum, or by the sole remaining director. In the alternative,
 2736  a board may hold an election to fill the vacancy, in which case
 2737  the election procedures must conform to the requirements of the
 2738  governing documents. Unless otherwise provided in the bylaws, a
 2739  board member appointed or elected under this section is
 2740  appointed for the unexpired term of the seat being filled.
 2741  Filling vacancies created by recall is governed by s.
 2742  720.303(10) and rules adopted by the division.
 2743         Section 23. Subsections (1) and (2) of section 720.307,
 2744  Florida Statutes, are amended to read:
 2745         720.307 Transition of association control in a community.
 2746  With respect to homeowners’ associations:
 2747         (1) Members other than the developer are entitled to elect
 2748  at least a majority of the members of the board of directors of
 2749  the homeowners’ association when the earlier of the following
 2750  events occurs:
 2751         (a) Three months after 90 percent of the parcels in all
 2752  phases of the community that will ultimately be operated by the
 2753  homeowners’ association have been conveyed to members other than
 2754  the developer;
 2755         (b) Such other percentage of the parcels has been conveyed
 2756  to members, or such other date or event has occurred, as is set
 2757  forth in the governing documents in order to comply with the
 2758  requirements of any governmentally chartered entity with regard
 2759  to the mortgage financing of parcels;
 2760         (c) Upon the developer abandoning or deserting its
 2761  responsibility to maintain and complete the amenities or
 2762  infrastructure as disclosed in the governing documents. There is
 2763  a rebuttable presumption that the developer has abandoned and
 2764  deserted the property if the developer has unpaid assessments or
 2765  guaranteed amounts under s. 720.308 for a period of more than 2
 2766  years;
 2767         (d) Upon the developer filing a petition seeking protection
 2768  under chapter 7 of the federal Bankruptcy Code;
 2769         (e) Upon the developer losing title to the property through
 2770  a foreclosure action or the transfer of a deed in lieu of
 2771  foreclosure, unless the successor owner has accepted an
 2772  assignment of developer rights and responsibilities first
 2773  arising after the date of such assignment; or
 2774         (f) Upon a receiver for the developer being appointed by a
 2775  circuit court and not being discharged within 30 days after such
 2776  appointment, unless the court determines within 30 days after
 2777  such appointment that transfer of control would be detrimental
 2778  to the association or its members.
 2779  
 2780  For purposes of this section, the term “members other than the
 2781  developer” shall not include builders, contractors, or others
 2782  who purchase a parcel for the purpose of constructing
 2783  improvements thereon for resale.
 2784         (2) Members other than the developer are entitled to elect
 2785  at least one member of the board of directors of the homeowners’
 2786  association if 50 percent of the parcels in all phases of the
 2787  community which will ultimately be operated by the association
 2788  have been conveyed to members other than the developer.
 2789         Section 24. Subsection (1) of section 720.311, Florida
 2790  Statutes, is amended to read:
 2791         720.311 Dispute resolution.—
 2792         (1) The Legislature finds that alternative dispute
 2793  resolution has made progress in reducing court dockets and
 2794  trials and in offering a more efficient, cost-effective option
 2795  to litigation. The filing of any petition for arbitration or the
 2796  serving of a demand for presuit mediation as provided for in
 2797  this section shall toll the applicable statute of limitations.
 2798  Any recall dispute filed with the department under pursuant to
 2799  s. 720.303(10) shall be conducted by the department in
 2800  accordance with the provisions of ss. 718.112(2)(j) and 718.1255
 2801  and the rules adopted by the division. In addition, the
 2802  department shall conduct mandatory binding arbitration of
 2803  election disputes between a member and an association in
 2804  accordance with pursuant to s. 718.1255 and rules adopted by the
 2805  division. Neither Election disputes and nor recall disputes are
 2806  not eligible for presuit mediation; these disputes must shall be
 2807  arbitrated by the department or filed in a court of competent
 2808  jurisdiction. At the conclusion of an arbitration the
 2809  proceeding, the department shall charge the parties a fee in an
 2810  amount adequate to cover all costs and expenses incurred by the
 2811  department in conducting the proceeding. Initially, the
 2812  petitioner shall remit a filing fee of at least $200 to the
 2813  department. The fees paid to the department shall become a
 2814  recoverable cost in the arbitration proceeding, and the
 2815  prevailing party in an arbitration proceeding shall recover its
 2816  reasonable costs and attorney attorney’s fees in an amount found
 2817  reasonable by the arbitrator. The department shall adopt rules
 2818  to effectuate the purposes of this section.
 2819         Section 25. Subsection (6) is added to section 720.3075,
 2820  Florida Statutes, to read:
 2821         720.3075 Prohibited clauses in association documents.—
 2822         (6) An association may extinguish a discriminatory
 2823  restriction as provided in s. 712.065.
 2824         Section 26. Section 720.316, Florida Statutes, is amended
 2825  to read:
 2826         720.316 Association emergency powers.—
 2827         (1) To the extent allowed by law, unless specifically
 2828  prohibited by the declaration or other recorded governing
 2829  documents, and consistent with s. 617.0830, the board of
 2830  directors, in response to damage or injury caused by or
 2831  anticipated in connection with an emergency, as defined in s.
 2832  252.34(4), event for which a state of emergency is declared
 2833  pursuant to s. 252.36 in the area encompassed by the
 2834  association, may exercise the following powers:
 2835         (a) Conduct board meetings, committee meetings, elections,
 2836  or membership meetings, in whole or in part, by telephone, real
 2837  time videoconferencing, or similar real-time electronic or video
 2838  communication after notice of the meetings and board decisions
 2839  is provided in as practicable a manner as possible, including
 2840  via publication, radio, United States mail, the Internet,
 2841  electronic transmission, public service announcements,
 2842  conspicuous posting on the common area association property, or
 2843  any other means the board deems appropriate under the
 2844  circumstances. Notice of decisions may also be communicated as
 2845  provided in this paragraph.
 2846         (b) Cancel and reschedule an association meeting.
 2847         (c) Designate assistant officers who are not directors. If
 2848  the executive officer is incapacitated or unavailable, the
 2849  assistant officer has the same authority during the state of
 2850  emergency as the executive officer he or she assists.
 2851         (d) Relocate the association’s principal office or
 2852  designate an alternative principal office.
 2853         (e) Enter into agreements with counties and municipalities
 2854  to assist counties and municipalities with debris removal.
 2855         (f) Implement a disaster or an emergency plan before,
 2856  during, or immediately following the event for which a state of
 2857  emergency is declared, which may include, but is not limited to,
 2858  turning on or shutting off elevators; electricity; water, sewer,
 2859  or security systems; or air conditioners for association
 2860  buildings.
 2861         (g) Based upon the advice of emergency management officials
 2862  or public health officials, or upon the advice of licensed
 2863  professionals retained by or otherwise available to the board,
 2864  determine any portion of the common areas or facilities
 2865  association property unavailable for entry or occupancy by
 2866  owners or their family members, tenants, guests, agents, or
 2867  invitees to protect their health, safety, or welfare.
 2868         (h) Based upon the advice of emergency management officials
 2869  or public health officials or upon the advice of licensed
 2870  professionals retained by or otherwise available to the board,
 2871  determine whether the common areas or facilities association
 2872  property can be safely inhabited, accessed, or occupied.
 2873  However, such determination is not conclusive as to any
 2874  determination of habitability pursuant to the declaration.
 2875         (i) Mitigate further damage, injury, or contagion,
 2876  including taking action to contract for the removal of debris
 2877  and to prevent or mitigate the spread of fungus, including mold
 2878  or mildew, by removing and disposing of wet drywall, insulation,
 2879  carpet, cabinetry, or other fixtures on or within the common
 2880  areas or facilities or sanitizing the common areas or facilities
 2881  association property.
 2882         (j) Notwithstanding a provision to the contrary, and
 2883  regardless of whether such authority does not specifically
 2884  appear in the declaration or other recorded governing documents,
 2885  levy special assessments without a vote of the owners.
 2886         (k) Without owners’ approval, borrow money and pledge
 2887  association assets as collateral to fund emergency repairs and
 2888  carry out the duties of the association if operating funds are
 2889  insufficient. This paragraph does not limit the general
 2890  authority of the association to borrow money, subject to such
 2891  restrictions contained in the declaration or other recorded
 2892  governing documents.
 2893         (2) The authority granted under subsection (1) is limited
 2894  to that time reasonably necessary to protect the health, safety,
 2895  and welfare of the association and the parcel owners and their
 2896  family members, tenants, guests, agents, or invitees, and to
 2897  mitigate further damage, injury, or contagion and make emergency
 2898  repairs.
 2899         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 2900  of emergency declared by executive order or proclamation of the
 2901  Governor pursuant to s. 252.36, an association may not prohibit
 2902  parcel owners, tenants, guests, agents, or invitees of a parcel
 2903  owner from accessing the common areas and facilities for the
 2904  purposes of ingress to and egress from the parcel when access is
 2905  necessary in connection with:
 2906         (a)The sale, lease, or other transfer of title of a
 2907  parcel; or
 2908         (b)The habitability of the parcel or for the health and
 2909  safety of such person unless a governmental order or
 2910  determination, or a public health directive from the Centers for
 2911  Disease Control and Prevention, has been issued prohibiting such
 2912  access to the parcel. Any such access is subject to reasonable
 2913  restrictions adopted by the association.
 2914         Section 27. This act shall take effect July 1, 2021.