Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. SB 4-D
       
       
       
       
       
       
                                Ì798298kÎ798298                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/24/2022 06:36 PM       .                                
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       Senators Bradley and Pizzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) is added to section 553.844,
    6  Florida Statutes, to read:
    7         553.844 Windstorm loss mitigation; requirements for roofs
    8  and opening protection.—
    9         (5) Notwithstanding any provision in the Florida Building
   10  Code to the contrary, if an existing roofing system or roof
   11  section was built, repaired, or replaced in compliance with the
   12  requirements of the 2007 Florida Building Code, or any
   13  subsequent editions of the Florida Building Code, and 25 percent
   14  or more of such roofing system or roof section is being
   15  repaired, replaced, or recovered, only the repaired, replaced,
   16  or recovered portion is required to be constructed in accordance
   17  with the Florida Building Code in effect, as applicable. The
   18  Florida Building Commission shall adopt this exception by rule
   19  and incorporate it in the Florida Building Code. Notwithstanding
   20  s. 553.73(4), a local government may not adopt by ordinance an
   21  administrative or technical amendment to this exception.
   22         Section 2. Subsection (1) of section 468.4334, Florida
   23  Statutes, is amended to read:
   24         468.4334 Professional practice standards; liability.—
   25         (1)(a) A community association manager or a community
   26  association management firm is deemed to act as agent on behalf
   27  of a community association as principal within the scope of
   28  authority authorized by a written contract or under this
   29  chapter. A community association manager and a community
   30  association management firm shall discharge duties performed on
   31  behalf of the association as authorized by this chapter loyally,
   32  skillfully, and diligently; dealing honestly and fairly; in good
   33  faith; with care and full disclosure to the community
   34  association; accounting for all funds; and not charging
   35  unreasonable or excessive fees.
   36         (b)If a community association manager or a community
   37  association management firm has a contract with a community
   38  association that has a building on the association’s property
   39  that is subject to s. 553.899, the community association manager
   40  or the community association management firm must comply with
   41  that section as directed by the board.
   42         Section 3. Section 553.899, Florida Statutes, is created to
   43  read:
   44         553.899Mandatory structural inspections for condominium
   45  and cooperative buildings.—
   46         (1)The Legislature finds that maintaining the structural
   47  integrity of a building throughout its service life is of
   48  paramount importance in order to ensure that buildings are
   49  structurally sound so as to not pose a threat to the public
   50  health, safety, or welfare. As such, the Legislature finds that
   51  the imposition of a statewide structural inspection program for
   52  aging condominium and cooperative buildings in this state is
   53  necessary to ensure that such buildings are safe for continued
   54  use.
   55         (2)As used in this section, the terms:
   56         (a)“Milestone inspection” means a structural inspection of
   57  a building, including an inspection of load-bearing walls and
   58  the primary structural members and primary structural systems as
   59  those terms are defined in s. 627.706, by a licensed architect
   60  or engineer authorized to practice in this state for the
   61  purposes of attesting to the life safety and adequacy of the
   62  structural components of the building and, to the extent
   63  reasonably possible, determining the general structural
   64  condition of the building as it affects the safety of such
   65  building, including a determination of any necessary
   66  maintenance, repair, or replacement of any structural component
   67  of the building. The purpose of such inspection is not to
   68  determine if the condition of an existing building is in
   69  compliance with the Florida Building Code or the firesafety
   70  code.
   71         (b)“Substantial structural deterioration” means
   72  substantial structural distress that negatively affects a
   73  building’s general structural condition and integrity. The term
   74  does not include surface imperfections such as cracks,
   75  distortion, sagging, deflections, misalignment, signs of
   76  leakage, or peeling of finishes unless the licensed engineer or
   77  architect performing the phase one or phase two inspection
   78  determines that such surface imperfections are a sign of
   79  substantial structural deterioration.
   80         (3)A condominium association under chapter 718 and a
   81  cooperative association under chapter 719 must have a milestone
   82  inspection performed for each building that is three stories or
   83  more in height by December 31 of the year in which the building
   84  reaches 30 years of age, based on the date the certificate of
   85  occupancy for the building was issued, and every 10 years
   86  thereafter. If the building is located within 3 miles of a
   87  coastline as defined in s. 376.031, the condominium association
   88  or cooperative association must have a milestone inspection
   89  performed by December 31 of the year in which the building
   90  reaches 25 years of age, based on the date the certificate of
   91  occupancy for the building was issued, and every 10 years
   92  thereafter. The condominium association or cooperative
   93  association must arrange for the milestone inspection to be
   94  performed and is responsible for ensuring compliance with the
   95  requirements of this section. The condominium association or
   96  cooperative association is responsible for all costs associated
   97  with the inspection. This subsection does not apply to a single
   98  family, two-family, or three-family dwelling with three or fewer
   99  habitable stories above ground.
  100         (4)If a milestone inspection is required under this
  101  section and the building’s certificate of occupancy was issued
  102  on or before July 1, 1992, the building’s initial milestone
  103  inspection must be performed before December 31, 2024. If the
  104  date of issuance for the certificate of occupancy is not
  105  available, the date of issuance of the building’s certificate of
  106  occupancy shall be the date of occupancy evidenced in any record
  107  of the local building official.
  108         (5)Upon determining that a building must have a milestone
  109  inspection, the local enforcement agency must provide written
  110  notice of such required inspection to the condominium
  111  association or cooperative association by certified mail, return
  112  receipt requested.
  113         (6)Within 180 days after receiving the written notice
  114  under subsection (5), the condominium association or cooperative
  115  association must complete phase one of the milestone inspection.
  116  For purposes of this section, completion of phase one of the
  117  milestone inspection means the licensed engineer or architect
  118  who performed the phase one inspection submitted the inspection
  119  report by e-mail, United States Postal Service, or commercial
  120  delivery service to the local enforcement agency.
  121         (7)A milestone inspection consists of two phases:
  122         (a)For phase one of the milestone inspection, a licensed
  123  architect or engineer authorized to practice in this state shall
  124  perform a visual examination of habitable and nonhabitable areas
  125  of a building, including the major structural components of a
  126  building, and provide a qualitative assessment of the structural
  127  conditions of the building. If the architect or engineer finds
  128  no signs of substantial structural deterioration to any building
  129  components under visual examination, phase two of the
  130  inspection, as provided in paragraph (b), is not required. An
  131  architect or engineer who completes a phase one milestone
  132  inspection shall prepare and submit an inspection report
  133  pursuant to subsection (8).
  134         (b)A phase two of the milestone inspection must be
  135  performed if any substantial structural deterioration is
  136  identified during phase one. A phase two inspection may involve
  137  destructive or nondestructive testing at the inspector’s
  138  direction. The inspection may be as extensive or as limited as
  139  necessary to fully assess areas of structural distress in order
  140  to confirm that the building is structurally sound and safe for
  141  its intended use and to recommend a program for fully assessing
  142  and repairing distressed and damaged portions of the building.
  143  When determining testing locations, the inspector must give
  144  preference to locations that are the least disruptive and most
  145  easily repairable while still being representative of the
  146  structure. An inspector who completes a phase two milestone
  147  inspection shall prepare and submit an inspection report
  148  pursuant to subsection (8).
  149         (8)Upon completion of a phase one or phase two milestone
  150  inspection, the architect or engineer who performed the
  151  inspection must submit a sealed copy of the inspection report
  152  with a separate summary of, at minimum, the material findings
  153  and recommendations in the inspection report to the condominium
  154  association or cooperative association, and to the building
  155  official of the local government which has jurisdiction. The
  156  inspection report must, at a minimum, meet all of the following
  157  criteria:
  158         (a)Bear the seal and signature, or the electronic
  159  signature, of the licensed engineer or architect who performed
  160  the inspection.
  161         (b)Indicate the manner and type of inspection forming the
  162  basis for the inspection report.
  163         (c)Identify any substantial structural deterioration,
  164  within a reasonable professional probability based on the scope
  165  of the inspection, describe the extent of such deterioration,
  166  and identify any recommended repairs for such deterioration.
  167         (d)State whether unsafe or dangerous conditions, as those
  168  terms are defined in the Florida Building Code, were observed.
  169         (e)Recommend any remedial or preventive repair for any
  170  items that are damaged but are not substantial structural
  171  deterioration.
  172         (f)Identify and describe any items requiring further
  173  inspection.
  174         (9)The association must distribute a copy of the
  175  inspector-prepared summary of the inspection report to each
  176  condominium unit owner or cooperative unit owner, regardless of
  177  the findings or recommendations in the report, by United States
  178  mail or personal delivery and by electronic transmission to unit
  179  owners who previously consented to received notice by electronic
  180  transmission; must post a copy of the inspector-prepared summary
  181  in a conspicuous place on the condominium or cooperative
  182  property; and must publish the full report and inspector
  183  prepared summary on the association’s website, if the
  184  association is required to have a website.
  185         (10)A local enforcement agency may prescribe timelines and
  186  penalties with respect to compliance with this section.
  187         (11)A board of county commissioners may adopt an ordinance
  188  requiring that a condominium or cooperative association schedule
  189  or commence repairs for substantial structural deterioration
  190  within a specified timeframe after the local enforcement agency
  191  receives a phase two inspection report; however, such repairs
  192  must be commenced within 365 days after receiving such report.
  193  If an association fails to submit proof to the local enforcement
  194  agency that repairs have been scheduled or have commenced for
  195  substantial structural deterioration identified in a phase two
  196  inspection report within the required timeframe, the local
  197  enforcement agency must review and determine if the building is
  198  unsafe for human occupancy.
  199         (12)The Florida Building Commission shall review the
  200  milestone inspection requirements under this section and make
  201  recommendations, if any, to the Legislature to ensure
  202  inspections are sufficient to determine the structural integrity
  203  of a building. The commission must provide a written report of
  204  any recommendations to the Governor, the President of the
  205  Senate, and the Speaker of the House of Representatives by
  206  December 31, 2022.
  207         (13)The Florida Building Commission shall consult with the
  208  State Fire Marshal to provide recommendations to the Legislature
  209  for the adoption of comprehensive structural and life safety
  210  standards for maintaining and inspecting all types of buildings
  211  and structures in this state that are three stories or more in
  212  height. The commission shall provide a written report of its
  213  recommendations to the Governor, the President of the Senate,
  214  and the Speaker of the House of Representatives by December 31,
  215  2023.
  216         Section 4. Subsections (25) through (30) of section
  217  718.103, Florida Statutes, are renumbered as subsections (26)
  218  through (31), respectively, and a new subsection (25) is added
  219  to that section to read:
  220         718.103 Definitions.—As used in this chapter, the term:
  221         (25)“Structural integrity reserve study” means a study of
  222  the reserve funds required for future major repairs and
  223  replacement of the common areas based on a visual inspection of
  224  the common areas. A structural integrity reserve study may be
  225  performed by any person qualified to perform such study.
  226  However, the visual inspection portion of the structural
  227  integrity reserve study must be performed by an engineer
  228  licensed under chapter 471 or an architect licensed under
  229  chapter 481. At a minimum, a structural integrity reserve study
  230  must identify the common areas being visually inspected, state
  231  the estimated remaining useful life and the estimated
  232  replacement cost or deferred maintenance expense of the common
  233  areas being visually inspected, and provide a recommended annual
  234  reserve amount that achieves the estimated replacement cost or
  235  deferred maintenance expense of each common area being visually
  236  inspected by the end of the estimated remaining useful life of
  237  each common area.
  238         Section 5. Paragraph (b) of subsection (7) and paragraphs
  239  (a), (c), and (g) of subsection (12) of section 718.111, Florida
  240  Statutes, are amended to read:
  241         718.111 The association.—
  242         (7) TITLE TO PROPERTY.—
  243         (b) Subject to s. 718.112(2)(n) the provisions of s.
  244  718.112(2)(m), the association, through its board, has the
  245  limited power to convey a portion of the common elements to a
  246  condemning authority for the purposes of providing utility
  247  easements, right-of-way expansion, or other public purposes,
  248  whether negotiated or as a result of eminent domain proceedings.
  249         (12) OFFICIAL RECORDS.—
  250         (a) From the inception of the association, the association
  251  shall maintain each of the following items, if applicable, which
  252  constitutes the official records of the association:
  253         1. A copy of the plans, permits, warranties, and other
  254  items provided by the developer under s. 718.301(4).
  255         2. A photocopy of the recorded declaration of condominium
  256  of each condominium operated by the association and each
  257  amendment to each declaration.
  258         3. A photocopy of the recorded bylaws of the association
  259  and each amendment to the bylaws.
  260         4. A certified copy of the articles of incorporation of the
  261  association, or other documents creating the association, and
  262  each amendment thereto.
  263         5. A copy of the current rules of the association.
  264         6. A book or books that contain the minutes of all meetings
  265  of the association, the board of administration, and the unit
  266  owners.
  267         7. A current roster of all unit owners and their mailing
  268  addresses, unit identifications, voting certifications, and, if
  269  known, telephone numbers. The association shall also maintain
  270  the e-mail addresses and facsimile numbers of unit owners
  271  consenting to receive notice by electronic transmission. The e
  272  mail addresses and facsimile numbers are not accessible to unit
  273  owners if consent to receive notice by electronic transmission
  274  is not provided in accordance with sub-subparagraph (c)3.e.
  275  However, the association is not liable for an inadvertent
  276  disclosure of the e-mail address or facsimile number for
  277  receiving electronic transmission of notices.
  278         8. All current insurance policies of the association and
  279  condominiums operated by the association.
  280         9. A current copy of any management agreement, lease, or
  281  other contract to which the association is a party or under
  282  which the association or the unit owners have an obligation or
  283  responsibility.
  284         10. Bills of sale or transfer for all property owned by the
  285  association.
  286         11. Accounting records for the association and separate
  287  accounting records for each condominium that the association
  288  operates. Any person who knowingly or intentionally defaces or
  289  destroys such records, or who knowingly or intentionally fails
  290  to create or maintain such records, with the intent of causing
  291  harm to the association or one or more of its members, is
  292  personally subject to a civil penalty pursuant to s.
  293  718.501(1)(d). The accounting records must include, but are not
  294  limited to:
  295         a. Accurate, itemized, and detailed records of all receipts
  296  and expenditures.
  297         b. A current account and a monthly, bimonthly, or quarterly
  298  statement of the account for each unit designating the name of
  299  the unit owner, the due date and amount of each assessment, the
  300  amount paid on the account, and the balance due.
  301         c. All audits, reviews, accounting statements, structural
  302  integrity reserve studies, and financial reports of the
  303  association or condominium. Structural integrity reserve studies
  304  must be maintained for at least 15 years after the study is
  305  completed.
  306         d. All contracts for work to be performed. Bids for work to
  307  be performed are also considered official records and must be
  308  maintained by the association for at least 1 year after receipt
  309  of the bid.
  310         12. Ballots, sign-in sheets, voting proxies, and all other
  311  papers and electronic records relating to voting by unit owners,
  312  which must be maintained for 1 year from the date of the
  313  election, vote, or meeting to which the document relates,
  314  notwithstanding paragraph (b).
  315         13. All rental records if the association is acting as
  316  agent for the rental of condominium units.
  317         14. A copy of the current question and answer sheet as
  318  described in s. 718.504.
  319         15. A copy of the inspection reports report as described in
  320  ss. 553.899 and 718.301(4)(p) and any other inspection report
  321  relating to a structural or life safety inspection of
  322  condominium property. Such record must be maintained by the
  323  association for 15 years after receipt of the report s.
  324  718.301(4)(p).
  325         16. Bids for materials, equipment, or services.
  326         17. All affirmative acknowledgments made pursuant to s.
  327  718.121(4)(c).
  328         18. All other written records of the association not
  329  specifically included in the foregoing which are related to the
  330  operation of the association.
  331         (c)1. The official records of the association are open to
  332  inspection by any association member or the authorized
  333  representative of such member at all reasonable times. The right
  334  to inspect the records includes the right to make or obtain
  335  copies, at the reasonable expense, if any, of the member or
  336  authorized representative of such member. A renter of a unit has
  337  a right to inspect and copy only the declaration of condominium,
  338  and the association’s bylaws and rules, and the inspection
  339  reports described in ss. 553.899 and 718.301(4)(p). The
  340  association may adopt reasonable rules regarding the frequency,
  341  time, location, notice, and manner of record inspections and
  342  copying but may not require a member to demonstrate any purpose
  343  or state any reason for the inspection. The failure of an
  344  association to provide the records within 10 working days after
  345  receipt of a written request creates a rebuttable presumption
  346  that the association willfully failed to comply with this
  347  paragraph. A unit owner who is denied access to official records
  348  is entitled to the actual damages or minimum damages for the
  349  association’s willful failure to comply. Minimum damages are $50
  350  per calendar day for up to 10 days, beginning on the 11th
  351  working day after receipt of the written request. The failure to
  352  permit inspection entitles any person prevailing in an
  353  enforcement action to recover reasonable attorney fees from the
  354  person in control of the records who, directly or indirectly,
  355  knowingly denied access to the records.
  356         2. Any person who knowingly or intentionally defaces or
  357  destroys accounting records that are required by this chapter to
  358  be maintained during the period for which such records are
  359  required to be maintained, or who knowingly or intentionally
  360  fails to create or maintain accounting records that are required
  361  to be created or maintained, with the intent of causing harm to
  362  the association or one or more of its members, is personally
  363  subject to a civil penalty pursuant to s. 718.501(1)(d).
  364         3. The association shall maintain an adequate number of
  365  copies of the declaration, articles of incorporation, bylaws,
  366  and rules, and all amendments to each of the foregoing, as well
  367  as the question and answer sheet as described in s. 718.504 and
  368  year-end financial information required under this section, on
  369  the condominium property to ensure their availability to unit
  370  owners and prospective purchasers, and may charge its actual
  371  costs for preparing and furnishing these documents to those
  372  requesting the documents. An association shall allow a member or
  373  his or her authorized representative to use a portable device,
  374  including a smartphone, tablet, portable scanner, or any other
  375  technology capable of scanning or taking photographs, to make an
  376  electronic copy of the official records in lieu of the
  377  association’s providing the member or his or her authorized
  378  representative with a copy of such records. The association may
  379  not charge a member or his or her authorized representative for
  380  the use of a portable device. Notwithstanding this paragraph,
  381  the following records are not accessible to unit owners:
  382         a. Any record protected by the lawyer-client privilege as
  383  described in s. 90.502 and any record protected by the work
  384  product privilege, including a record prepared by an association
  385  attorney or prepared at the attorney’s express direction, which
  386  reflects a mental impression, conclusion, litigation strategy,
  387  or legal theory of the attorney or the association, and which
  388  was prepared exclusively for civil or criminal litigation or for
  389  adversarial administrative proceedings, or which was prepared in
  390  anticipation of such litigation or proceedings until the
  391  conclusion of the litigation or proceedings.
  392         b. Information obtained by an association in connection
  393  with the approval of the lease, sale, or other transfer of a
  394  unit.
  395         c. Personnel records of association or management company
  396  employees, including, but not limited to, disciplinary, payroll,
  397  health, and insurance records. For purposes of this sub
  398  subparagraph, the term “personnel records” does not include
  399  written employment agreements with an association employee or
  400  management company, or budgetary or financial records that
  401  indicate the compensation paid to an association employee.
  402         d. Medical records of unit owners.
  403         e. Social security numbers, driver license numbers, credit
  404  card numbers, e-mail addresses, telephone numbers, facsimile
  405  numbers, emergency contact information, addresses of a unit
  406  owner other than as provided to fulfill the association’s notice
  407  requirements, and other personal identifying information of any
  408  person, excluding the person’s name, unit designation, mailing
  409  address, property address, and any address, e-mail address, or
  410  facsimile number provided to the association to fulfill the
  411  association’s notice requirements. Notwithstanding the
  412  restrictions in this sub-subparagraph, an association may print
  413  and distribute to unit owners a directory containing the name,
  414  unit address, and all telephone numbers of each unit owner.
  415  However, an owner may exclude his or her telephone numbers from
  416  the directory by so requesting in writing to the association. An
  417  owner may consent in writing to the disclosure of other contact
  418  information described in this sub-subparagraph. The association
  419  is not liable for the inadvertent disclosure of information that
  420  is protected under this sub-subparagraph if the information is
  421  included in an official record of the association and is
  422  voluntarily provided by an owner and not requested by the
  423  association.
  424         f. Electronic security measures that are used by the
  425  association to safeguard data, including passwords.
  426         g. The software and operating system used by the
  427  association which allow the manipulation of data, even if the
  428  owner owns a copy of the same software used by the association.
  429  The data is part of the official records of the association.
  430         h. All affirmative acknowledgments made pursuant to s.
  431  718.121(4)(c).
  432         (g)1. By January 1, 2019, an association managing a
  433  condominium with 150 or more units which does not contain
  434  timeshare units shall post digital copies of the documents
  435  specified in subparagraph 2. on its website or make such
  436  documents available through an application that can be
  437  downloaded on a mobile device.
  438         a. The association’s website or application must be:
  439         (I) An independent website, application, or web portal
  440  wholly owned and operated by the association; or
  441         (II) A website, application, or web portal operated by a
  442  third-party provider with whom the association owns, leases,
  443  rents, or otherwise obtains the right to operate a web page,
  444  subpage, web portal, collection of subpages or web portals, or
  445  an application which is dedicated to the association’s
  446  activities and on which required notices, records, and documents
  447  may be posted or made available by the association.
  448         b. The association’s website or application must be
  449  accessible through the Internet and must contain a subpage, web
  450  portal, or other protected electronic location that is
  451  inaccessible to the general public and accessible only to unit
  452  owners and employees of the association.
  453         c. Upon a unit owner’s written request, the association
  454  must provide the unit owner with a username and password and
  455  access to the protected sections of the association’s website or
  456  application which contain any notices, records, or documents
  457  that must be electronically provided.
  458         2. A current copy of the following documents must be posted
  459  in digital format on the association’s website or application:
  460         a. The recorded declaration of condominium of each
  461  condominium operated by the association and each amendment to
  462  each declaration.
  463         b. The recorded bylaws of the association and each
  464  amendment to the bylaws.
  465         c. The articles of incorporation of the association, or
  466  other documents creating the association, and each amendment to
  467  the articles of incorporation or other documents. The copy
  468  posted pursuant to this sub-subparagraph must be a copy of the
  469  articles of incorporation filed with the Department of State.
  470         d. The rules of the association.
  471         e. A list of all executory contracts or documents to which
  472  the association is a party or under which the association or the
  473  unit owners have an obligation or responsibility and, after
  474  bidding for the related materials, equipment, or services has
  475  closed, a list of bids received by the association within the
  476  past year. Summaries of bids for materials, equipment, or
  477  services which exceed $500 must be maintained on the website or
  478  application for 1 year. In lieu of summaries, complete copies of
  479  the bids may be posted.
  480         f. The annual budget required by s. 718.112(2)(f) and any
  481  proposed budget to be considered at the annual meeting.
  482         g. The financial report required by subsection (13) and any
  483  monthly income or expense statement to be considered at a
  484  meeting.
  485         h. The certification of each director required by s.
  486  718.112(2)(d)4.b.
  487         i. All contracts or transactions between the association
  488  and any director, officer, corporation, firm, or association
  489  that is not an affiliated condominium association or any other
  490  entity in which an association director is also a director or
  491  officer and financially interested.
  492         j. Any contract or document regarding a conflict of
  493  interest or possible conflict of interest as provided in ss.
  494  468.436(2)(b)6. and 718.3027(3).
  495         k. The notice of any unit owner meeting and the agenda for
  496  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  497  days before the meeting. The notice must be posted in plain view
  498  on the front page of the website or application, or on a
  499  separate subpage of the website or application labeled “Notices”
  500  which is conspicuously visible and linked from the front page.
  501  The association must also post on its website or application any
  502  document to be considered and voted on by the owners during the
  503  meeting or any document listed on the agenda at least 7 days
  504  before the meeting at which the document or the information
  505  within the document will be considered.
  506         l. Notice of any board meeting, the agenda, and any other
  507  document required for the meeting as required by s.
  508  718.112(2)(c), which must be posted no later than the date
  509  required for notice under s. 718.112(2)(c).
  510         m.The inspection reports described in ss. 553.899 and
  511  718.301(4)(p) and any other inspection report relating to a
  512  structural or life safety inspection of condominium property.
  513         n.The association’s most recent structural integrity
  514  reserve study, if applicable.
  515         3. The association shall ensure that the information and
  516  records described in paragraph (c), which are not allowed to be
  517  accessible to unit owners, are not posted on the association’s
  518  website or application. If protected information or information
  519  restricted from being accessible to unit owners is included in
  520  documents that are required to be posted on the association’s
  521  website or application, the association shall ensure the
  522  information is redacted before posting the documents.
  523  Notwithstanding the foregoing, the association or its agent is
  524  not liable for disclosing information that is protected or
  525  restricted under this paragraph unless such disclosure was made
  526  with a knowing or intentional disregard of the protected or
  527  restricted nature of such information.
  528         4. The failure of the association to post information
  529  required under subparagraph 2. is not in and of itself
  530  sufficient to invalidate any action or decision of the
  531  association’s board or its committees.
  532         Section 6. Paragraphs (g) through (o) of subsection (2) of
  533  section 718.112, Florida Statutes, are redesignated as
  534  paragraphs (i) through (q), respectively, paragraphs (d) and (f)
  535  of that subsection are amended, and new paragraphs (g) and (h)
  536  are added to that subsection, to read:
  537         718.112 Bylaws.—
  538         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  539  following and, if they do not do so, shall be deemed to include
  540  the following:
  541         (d) Unit owner meetings.—
  542         1. An annual meeting of the unit owners must be held at the
  543  location provided in the association bylaws and, if the bylaws
  544  are silent as to the location, the meeting must be held within
  545  45 miles of the condominium property. However, such distance
  546  requirement does not apply to an association governing a
  547  timeshare condominium.
  548         2. Unless the bylaws provide otherwise, a vacancy on the
  549  board caused by the expiration of a director’s term must be
  550  filled by electing a new board member, and the election must be
  551  by secret ballot. An election is not required if the number of
  552  vacancies equals or exceeds the number of candidates. For
  553  purposes of this paragraph, the term “candidate” means an
  554  eligible person who has timely submitted the written notice, as
  555  described in sub-subparagraph 4.a., of his or her intention to
  556  become a candidate. Except in a timeshare or nonresidential
  557  condominium, or if the staggered term of a board member does not
  558  expire until a later annual meeting, or if all members’ terms
  559  would otherwise expire but there are no candidates, the terms of
  560  all board members expire at the annual meeting, and such members
  561  may stand for reelection unless prohibited by the bylaws. Board
  562  members may serve terms longer than 1 year if permitted by the
  563  bylaws or articles of incorporation. A board member may not
  564  serve more than 8 consecutive years unless approved by an
  565  affirmative vote of unit owners representing two-thirds of all
  566  votes cast in the election or unless there are not enough
  567  eligible candidates to fill the vacancies on the board at the
  568  time of the vacancy. Only board service that occurs on or after
  569  July 1, 2018, may be used when calculating a board member’s term
  570  limit. If the number of board members whose terms expire at the
  571  annual meeting equals or exceeds the number of candidates, the
  572  candidates become members of the board effective upon the
  573  adjournment of the annual meeting. Unless the bylaws provide
  574  otherwise, any remaining vacancies shall be filled by the
  575  affirmative vote of the majority of the directors making up the
  576  newly constituted board even if the directors constitute less
  577  than a quorum or there is only one director. In a residential
  578  condominium association of more than 10 units or in a
  579  residential condominium association that does not include
  580  timeshare units or timeshare interests, co-owners of a unit may
  581  not serve as members of the board of directors at the same time
  582  unless they own more than one unit or unless there are not
  583  enough eligible candidates to fill the vacancies on the board at
  584  the time of the vacancy. A unit owner in a residential
  585  condominium desiring to be a candidate for board membership must
  586  comply with sub-subparagraph 4.a. and must be eligible to be a
  587  candidate to serve on the board of directors at the time of the
  588  deadline for submitting a notice of intent to run in order to
  589  have his or her name listed as a proper candidate on the ballot
  590  or to serve on the board. A person who has been suspended or
  591  removed by the division under this chapter, or who is delinquent
  592  in the payment of any assessment due to the association, is not
  593  eligible to be a candidate for board membership and may not be
  594  listed on the ballot. For purposes of this paragraph, a person
  595  is delinquent if a payment is not made by the due date as
  596  specifically identified in the declaration of condominium,
  597  bylaws, or articles of incorporation. If a due date is not
  598  specifically identified in the declaration of condominium,
  599  bylaws, or articles of incorporation, the due date is the first
  600  day of the assessment period. A person who has been convicted of
  601  any felony in this state or in a United States District or
  602  Territorial Court, or who has been convicted of any offense in
  603  another jurisdiction which would be considered a felony if
  604  committed in this state, is not eligible for board membership
  605  unless such felon’s civil rights have been restored for at least
  606  5 years as of the date such person seeks election to the board.
  607  The validity of an action by the board is not affected if it is
  608  later determined that a board member is ineligible for board
  609  membership due to having been convicted of a felony. This
  610  subparagraph does not limit the term of a member of the board of
  611  a nonresidential or timeshare condominium.
  612         3. The bylaws must provide the method of calling meetings
  613  of unit owners, including annual meetings. Written notice of an
  614  annual meeting must include an agenda; be mailed, hand
  615  delivered, or electronically transmitted to each unit owner at
  616  least 14 days before the annual meeting; and be posted in a
  617  conspicuous place on the condominium property or association
  618  property at least 14 continuous days before the annual meeting.
  619  Written notice of a meeting other than an annual meeting must
  620  include an agenda; be mailed, hand delivered, or electronically
  621  transmitted to each unit owner; and be posted in a conspicuous
  622  place on the condominium property or association property within
  623  the timeframe specified in the bylaws. If the bylaws do not
  624  specify a timeframe for written notice of a meeting other than
  625  an annual meeting, notice must be provided at least 14
  626  continuous days before the meeting. Upon notice to the unit
  627  owners, the board shall, by duly adopted rule, designate a
  628  specific location on the condominium property or association
  629  property where all notices of unit owner meetings must be
  630  posted. This requirement does not apply if there is no
  631  condominium property for posting notices. In lieu of, or in
  632  addition to, the physical posting of meeting notices, the
  633  association may, by reasonable rule, adopt a procedure for
  634  conspicuously posting and repeatedly broadcasting the notice and
  635  the agenda on a closed-circuit cable television system serving
  636  the condominium association. However, if broadcast notice is
  637  used in lieu of a notice posted physically on the condominium
  638  property, the notice and agenda must be broadcast at least four
  639  times every broadcast hour of each day that a posted notice is
  640  otherwise required under this section. If broadcast notice is
  641  provided, the notice and agenda must be broadcast in a manner
  642  and for a sufficient continuous length of time so as to allow an
  643  average reader to observe the notice and read and comprehend the
  644  entire content of the notice and the agenda. In addition to any
  645  of the authorized means of providing notice of a meeting of the
  646  board, the association may, by rule, adopt a procedure for
  647  conspicuously posting the meeting notice and the agenda on a
  648  website serving the condominium association for at least the
  649  minimum period of time for which a notice of a meeting is also
  650  required to be physically posted on the condominium property.
  651  Any rule adopted shall, in addition to other matters, include a
  652  requirement that the association send an electronic notice in
  653  the same manner as a notice for a meeting of the members, which
  654  must include a hyperlink to the website where the notice is
  655  posted, to unit owners whose e-mail addresses are included in
  656  the association’s official records. Unless a unit owner waives
  657  in writing the right to receive notice of the annual meeting,
  658  such notice must be hand delivered, mailed, or electronically
  659  transmitted to each unit owner. Notice for meetings and notice
  660  for all other purposes must be mailed to each unit owner at the
  661  address last furnished to the association by the unit owner, or
  662  hand delivered to each unit owner. However, if a unit is owned
  663  by more than one person, the association must provide notice to
  664  the address that the developer identifies for that purpose and
  665  thereafter as one or more of the owners of the unit advise the
  666  association in writing, or if no address is given or the owners
  667  of the unit do not agree, to the address provided on the deed of
  668  record. An officer of the association, or the manager or other
  669  person providing notice of the association meeting, must provide
  670  an affidavit or United States Postal Service certificate of
  671  mailing, to be included in the official records of the
  672  association affirming that the notice was mailed or hand
  673  delivered in accordance with this provision.
  674         4. The members of the board of a residential condominium
  675  shall be elected by written ballot or voting machine. Proxies
  676  may not be used in electing the board in general elections or
  677  elections to fill vacancies caused by recall, resignation, or
  678  otherwise, unless otherwise provided in this chapter. This
  679  subparagraph does not apply to an association governing a
  680  timeshare condominium.
  681         a. At least 60 days before a scheduled election, the
  682  association shall mail, deliver, or electronically transmit, by
  683  separate association mailing or included in another association
  684  mailing, delivery, or transmission, including regularly
  685  published newsletters, to each unit owner entitled to a vote, a
  686  first notice of the date of the election. A unit owner or other
  687  eligible person desiring to be a candidate for the board must
  688  give written notice of his or her intent to be a candidate to
  689  the association at least 40 days before a scheduled election.
  690  Together with the written notice and agenda as set forth in
  691  subparagraph 3., the association shall mail, deliver, or
  692  electronically transmit a second notice of the election to all
  693  unit owners entitled to vote, together with a ballot that lists
  694  all candidates not less than 14 days or more than 34 days before
  695  the date of the election. Upon request of a candidate, an
  696  information sheet, no larger than 8 1/2 inches by 11 inches,
  697  which must be furnished by the candidate at least 35 days before
  698  the election, must be included with the mailing, delivery, or
  699  transmission of the ballot, with the costs of mailing, delivery,
  700  or electronic transmission and copying to be borne by the
  701  association. The association is not liable for the contents of
  702  the information sheets prepared by the candidates. In order to
  703  reduce costs, the association may print or duplicate the
  704  information sheets on both sides of the paper. The division
  705  shall by rule establish voting procedures consistent with this
  706  sub-subparagraph, including rules establishing procedures for
  707  giving notice by electronic transmission and rules providing for
  708  the secrecy of ballots. Elections shall be decided by a
  709  plurality of ballots cast. There is no quorum requirement;
  710  however, at least 20 percent of the eligible voters must cast a
  711  ballot in order to have a valid election. A unit owner may not
  712  authorize any other person to vote his or her ballot, and any
  713  ballots improperly cast are invalid. A unit owner who violates
  714  this provision may be fined by the association in accordance
  715  with s. 718.303. A unit owner who needs assistance in casting
  716  the ballot for the reasons stated in s. 101.051 may obtain such
  717  assistance. The regular election must occur on the date of the
  718  annual meeting. Notwithstanding this sub-subparagraph, an
  719  election is not required unless more candidates file notices of
  720  intent to run or are nominated than board vacancies exist.
  721         b. Within 90 days after being elected or appointed to the
  722  board of an association of a residential condominium, each newly
  723  elected or appointed director shall certify in writing to the
  724  secretary of the association that he or she has read the
  725  association’s declaration of condominium, articles of
  726  incorporation, bylaws, and current written policies; that he or
  727  she will work to uphold such documents and policies to the best
  728  of his or her ability; and that he or she will faithfully
  729  discharge his or her fiduciary responsibility to the
  730  association’s members. In lieu of this written certification,
  731  within 90 days after being elected or appointed to the board,
  732  the newly elected or appointed director may submit a certificate
  733  of having satisfactorily completed the educational curriculum
  734  administered by a division-approved condominium education
  735  provider within 1 year before or 90 days after the date of
  736  election or appointment. The written certification or
  737  educational certificate is valid and does not have to be
  738  resubmitted as long as the director serves on the board without
  739  interruption. A director of an association of a residential
  740  condominium who fails to timely file the written certification
  741  or educational certificate is suspended from service on the
  742  board until he or she complies with this sub-subparagraph. The
  743  board may temporarily fill the vacancy during the period of
  744  suspension. The secretary shall cause the association to retain
  745  a director’s written certification or educational certificate
  746  for inspection by the members for 5 years after a director’s
  747  election or the duration of the director’s uninterrupted tenure,
  748  whichever is longer. Failure to have such written certification
  749  or educational certificate on file does not affect the validity
  750  of any board action.
  751         c. Any challenge to the election process must be commenced
  752  within 60 days after the election results are announced.
  753         5. Any approval by unit owners called for by this chapter
  754  or the applicable declaration or bylaws, including, but not
  755  limited to, the approval requirement in s. 718.111(8), must be
  756  made at a duly noticed meeting of unit owners and is subject to
  757  all requirements of this chapter or the applicable condominium
  758  documents relating to unit owner decisionmaking, except that
  759  unit owners may take action by written agreement, without
  760  meetings, on matters for which action by written agreement
  761  without meetings is expressly allowed by the applicable bylaws
  762  or declaration or any law that provides for such action.
  763         6. Unit owners may waive notice of specific meetings if
  764  allowed by the applicable bylaws or declaration or any law.
  765  Notice of meetings of the board of administration, unit owner
  766  meetings, except unit owner meetings called to recall board
  767  members under paragraph (k) (j), and committee meetings may be
  768  given by electronic transmission to unit owners who consent to
  769  receive notice by electronic transmission. A unit owner who
  770  consents to receiving notices by electronic transmission is
  771  solely responsible for removing or bypassing filters that block
  772  receipt of mass e-mails sent to members on behalf of the
  773  association in the course of giving electronic notices.
  774         7. Unit owners have the right to participate in meetings of
  775  unit owners with reference to all designated agenda items.
  776  However, the association may adopt reasonable rules governing
  777  the frequency, duration, and manner of unit owner participation.
  778         8. A unit owner may tape record or videotape a meeting of
  779  the unit owners subject to reasonable rules adopted by the
  780  division.
  781         9. Unless otherwise provided in the bylaws, any vacancy
  782  occurring on the board before the expiration of a term may be
  783  filled by the affirmative vote of the majority of the remaining
  784  directors, even if the remaining directors constitute less than
  785  a quorum, or by the sole remaining director. In the alternative,
  786  a board may hold an election to fill the vacancy, in which case
  787  the election procedures must conform to sub-subparagraph 4.a.
  788  unless the association governs 10 units or fewer and has opted
  789  out of the statutory election process, in which case the bylaws
  790  of the association control. Unless otherwise provided in the
  791  bylaws, a board member appointed or elected under this section
  792  shall fill the vacancy for the unexpired term of the seat being
  793  filled. Filling vacancies created by recall is governed by
  794  paragraph (k) (j) and rules adopted by the division.
  795         10. This chapter does not limit the use of general or
  796  limited proxies, require the use of general or limited proxies,
  797  or require the use of a written ballot or voting machine for any
  798  agenda item or election at any meeting of a timeshare
  799  condominium association or nonresidential condominium
  800  association.
  801  
  802  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  803  association of 10 or fewer units may, by affirmative vote of a
  804  majority of the total voting interests, provide for different
  805  voting and election procedures in its bylaws, which may be by a
  806  proxy specifically delineating the different voting and election
  807  procedures. The different voting and election procedures may
  808  provide for elections to be conducted by limited or general
  809  proxy.
  810         (f) Annual budget.—
  811         1. The proposed annual budget of estimated revenues and
  812  expenses must be detailed and must show the amounts budgeted by
  813  accounts and expense classifications, including, at a minimum,
  814  any applicable expenses listed in s. 718.504(21). The board
  815  shall adopt the annual budget at least 14 days before prior to
  816  the start of the association’s fiscal year. In the event that
  817  the board fails to timely adopt the annual budget a second time,
  818  it is shall be deemed a minor violation and the prior year’s
  819  budget shall continue in effect until a new budget is adopted. A
  820  multicondominium association must shall adopt a separate budget
  821  of common expenses for each condominium the association operates
  822  and must shall adopt a separate budget of common expenses for
  823  the association. In addition, if the association maintains
  824  limited common elements with the cost to be shared only by those
  825  entitled to use the limited common elements as provided for in
  826  s. 718.113(1), the budget or a schedule attached to it must show
  827  the amount budgeted for this maintenance. If, after turnover of
  828  control of the association to the unit owners, any of the
  829  expenses listed in s. 718.504(21) are not applicable, they do
  830  need not need to be listed.
  831         2.a. In addition to annual operating expenses, the budget
  832  must include reserve accounts for capital expenditures and
  833  deferred maintenance. These accounts must include, but are not
  834  limited to, roof replacement, building painting, and pavement
  835  resurfacing, regardless of the amount of deferred maintenance
  836  expense or replacement cost, and any other item that has a
  837  deferred maintenance expense or replacement cost that exceeds
  838  $10,000. The amount to be reserved for an item is determined by
  839  the association’s most recent structural integrity reserve study
  840  that must be completed by December 31, 2024. If the amount to be
  841  reserved for an item is not in the association’s initial or most
  842  recent structural integrity reserve study or the association has
  843  not completed a structural integrity reserve study, the amount
  844  must be computed using a formula based upon estimated remaining
  845  useful life and estimated replacement cost or deferred
  846  maintenance expense of the each reserve item. The association
  847  may adjust replacement reserve assessments annually to take into
  848  account any changes in estimates or extension of the useful life
  849  of a reserve item caused by deferred maintenance. This
  850  subsection does not apply to an adopted budget in which The
  851  members of a unit-owner controlled an association may determine
  852  have determined, by a majority vote at a duly called meeting of
  853  the association, to provide no reserves or less reserves than
  854  required by this subsection. Effective December 31, 2024, the
  855  members of a unit-owner controlled association may not determine
  856  to provide no reserves or less reserves than required by this
  857  subsection for items listed in paragraph (g).
  858         b. Before turnover of control of an association by a
  859  developer to unit owners other than a developer under pursuant
  860  to s. 718.301, the developer-controlled association developer
  861  may not vote the voting interests allocated to its units to
  862  waive the reserves or reduce the funding of the reserves through
  863  the period expiring at the end of the second fiscal year after
  864  the fiscal year in which the certificate of a surveyor and
  865  mapper is recorded pursuant to s. 718.104(4)(e) or an instrument
  866  that transfers title to a unit in the condominium which is not
  867  accompanied by a recorded assignment of developer rights in
  868  favor of the grantee of such unit is recorded, whichever occurs
  869  first, after which time reserves may be waived or reduced only
  870  upon the vote of a majority of all nondeveloper voting interests
  871  voting in person or by limited proxy at a duly called meeting of
  872  the association. If a meeting of the unit owners has been called
  873  to determine whether to waive or reduce the funding of reserves
  874  and no such result is achieved or a quorum is not attained, the
  875  reserves included in the budget shall go into effect. After the
  876  turnover, the developer may vote its voting interest to waive or
  877  reduce the funding of reserves.
  878         3. Reserve funds and any interest accruing thereon shall
  879  remain in the reserve account or accounts, and may be used only
  880  for authorized reserve expenditures unless their use for other
  881  purposes is approved in advance by a majority vote at a duly
  882  called meeting of the association. Before turnover of control of
  883  an association by a developer to unit owners other than the
  884  developer pursuant to s. 718.301, the developer-controlled
  885  association may not vote to use reserves for purposes other than
  886  those for which they were intended. Effective December 31, 2024,
  887  members of a unit-owner controlled association may not vote to
  888  use reserve funds, or any interest accruing thereon, that are
  889  reserved for items listed in paragraph (g) for any other purpose
  890  other than their intended purpose without the approval of a
  891  majority of all nondeveloper voting interests, voting in person
  892  or by limited proxy at a duly called meeting of the association.
  893         4. The only voting interests that are eligible to vote on
  894  questions that involve waiving or reducing the funding of
  895  reserves, or using existing reserve funds for purposes other
  896  than purposes for which the reserves were intended, are the
  897  voting interests of the units subject to assessment to fund the
  898  reserves in question. Proxy questions relating to waiving or
  899  reducing the funding of reserves or using existing reserve funds
  900  for purposes other than purposes for which the reserves were
  901  intended must contain the following statement in capitalized,
  902  bold letters in a font size larger than any other used on the
  903  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  904  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  905  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  906  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  907         (g)Structural integrity reserve study.
  908         1.An association must have a structural integrity reserve
  909  study completed at least every 10 years after the condominium’s
  910  creation for each building on the condominium property that is
  911  three stories or higher in height which includes, at a minimum,
  912  a study of the following items as related to the structural
  913  integrity and safety of the building:
  914         a.Roof.
  915         b.Load-bearing walls or other primary structural members.
  916         c.Floor.
  917         d.Foundation.
  918         e.Fireproofing and fire protection systems.
  919         f.Plumbing.
  920         g.Electrical systems.
  921         h.Waterproofing and exterior painting.
  922         i.Windows.
  923         j.Any other item that has a deferred maintenance expense
  924  or replacement cost that exceeds $10,000 and the failure to
  925  replace or maintain such item negatively affects the items
  926  listed in subparagraphs a.-i., as determined by the licensed
  927  engineer or architect performing the visual inspection portion
  928  of the structural integrity reserve study.
  929         2.Before a developer turns over control of an association
  930  to unit owners other than the developer, the developer must have
  931  a structural integrity reserve study completed for each building
  932  on the condominium property that is three stories or higher in
  933  height.
  934         3.Associations existing on or before July 1, 2022, which
  935  are controlled by unit owners other than the developer, must
  936  have a structural integrity reserve study completed by December
  937  31, 2024, for each building on the condominium property that is
  938  three stories or higher in height.
  939         4.If an association fails to complete a structural
  940  integrity reserve study pursuant to this paragraph, such failure
  941  is a breach of an officer’s and director’s fiduciary
  942  relationship to the unit owners under s. 718.111(1).
  943         (h)Mandatory milestone inspections.—If an association is
  944  required to have a milestone inspection performed pursuant to s.
  945  553.899, the association must arrange for the milestone
  946  inspection to be performed and is responsible for ensuring
  947  compliance with the requirements of s. 553.899. The association
  948  is responsible for all costs associated with the inspection. If
  949  the officers or directors of an association willfully and
  950  knowingly fail to have a milestone inspection performed pursuant
  951  to s. 553.899, such failure is a breach of the officers’ and
  952  directors’ fiduciary relationship to the unit owners under s.
  953  718.111(1)(a). Upon completion of a phase one or phase two
  954  milestone inspection and receipt of the inspector-prepared
  955  summary of the inspection report from the architect or engineer
  956  who performed the inspection, the association must distribute a
  957  copy of the inspector-prepared summary of the inspection report
  958  to each unit owner, regardless of the findings or
  959  recommendations in the report, by United States mail or personal
  960  delivery and by electronic transmission to unit owners who
  961  previously consented to receive notice by electronic
  962  transmission; must post a copy of the inspector-prepared summary
  963  in a conspicuous place on the condominium property; and must
  964  publish the full report and inspector-prepared summary on the
  965  association’s website, if the association is required to have a
  966  website.
  967         Section 7. Paragraph (f) of subsection (8) of section
  968  718.116, Florida Statutes, is amended to read:
  969         718.116 Assessments; liability; lien and priority;
  970  interest; collection.—
  971         (8) Within 10 business days after receiving a written or
  972  electronic request therefor from a unit owner or the unit
  973  owner’s designee, or a unit mortgagee or the unit mortgagee’s
  974  designee, the association shall issue the estoppel certificate.
  975  Each association shall designate on its website a person or
  976  entity with a street or e-mail address for receipt of a request
  977  for an estoppel certificate issued pursuant to this section. The
  978  estoppel certificate must be provided by hand delivery, regular
  979  mail, or e-mail to the requestor on the date of issuance of the
  980  estoppel certificate.
  981         (f) Notwithstanding any limitation on transfer fees
  982  contained in s. 718.112(2)(j) s. 718.112(2)(i), an association
  983  or its authorized agent may charge a reasonable fee for the
  984  preparation and delivery of an estoppel certificate, which may
  985  not exceed $250, if, on the date the certificate is issued, no
  986  delinquent amounts are owed to the association for the
  987  applicable unit. If an estoppel certificate is requested on an
  988  expedited basis and delivered within 3 business days after the
  989  request, the association may charge an additional fee of $100.
  990  If a delinquent amount is owed to the association for the
  991  applicable unit, an additional fee for the estoppel certificate
  992  may not exceed $150.
  993         Section 8. Paragraph (b) of subsection (8) of section
  994  718.117, Florida Statutes, is amended to read:
  995         718.117 Termination of condominium.—
  996         (8) REPORTS AND REPLACEMENT OF RECEIVER.—
  997         (b) The unit owners of an association in termination may
  998  recall or remove members of the board of administration with or
  999  without cause at any time as provided in s. 718.112(2)(k) s.
 1000  718.112(2)(j).
 1001         Section 9. Paragraph (p) of subsection (4) of section
 1002  718.301, Florida Statutes, is amended and paragraph (r) is added
 1003  to that subsection to read:
 1004         718.301 Transfer of association control; claims of defect
 1005  by association.—
 1006         (4) At the time that unit owners other than the developer
 1007  elect a majority of the members of the board of administration
 1008  of an association, the developer shall relinquish control of the
 1009  association, and the unit owners shall accept control.
 1010  Simultaneously, or for the purposes of paragraph (c) not more
 1011  than 90 days thereafter, the developer shall deliver to the
 1012  association, at the developer’s expense, all property of the
 1013  unit owners and of the association which is held or controlled
 1014  by the developer, including, but not limited to, the following
 1015  items, if applicable, as to each condominium operated by the
 1016  association:
 1017         (p) Notwithstanding when the certificate of occupancy was
 1018  issued or the height of the building, a milestone inspection
 1019  report in compliance with s. 553.899 included in the official
 1020  records, under seal of an architect or engineer authorized to
 1021  practice in this state, and attesting to required maintenance,
 1022  condition, useful life, and replacement costs of the following
 1023  applicable condominium property common elements comprising a
 1024  turnover inspection report:
 1025         1. Roof.
 1026         2. Structure, including load-bearing walls and primary
 1027  structural members and primary structural systems as those terms
 1028  are defined in s. 627.706.
 1029         3. Fireproofing and fire protection systems.
 1030         4. Elevators.
 1031         5. Heating and cooling systems.
 1032         6. Plumbing.
 1033         7. Electrical systems.
 1034         8. Swimming pool or spa and equipment.
 1035         9. Seawalls.
 1036         10. Pavement and parking areas.
 1037         11. Drainage systems.
 1038         12. Painting.
 1039         13. Irrigation systems.
 1040         14.Waterproofing.
 1041         (r)A copy of the association’s most recent structural
 1042  integrity reserve study.
 1043         Section 10. Subsection (1) of section 718.501, Florida
 1044  Statutes, is amended, and subsection (3) is added to that
 1045  section, to read:
 1046         718.501 Authority, responsibility, and duties of Division
 1047  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1048         (1) The division may enforce and ensure compliance with
 1049  this chapter and rules relating to the development,
 1050  construction, sale, lease, ownership, operation, and management
 1051  of residential condominium units and complaints related to the
 1052  procedural completion of milestone inspections under s. 553.899.
 1053  In performing its duties, the division has complete jurisdiction
 1054  to investigate complaints and enforce compliance with respect to
 1055  associations that are still under developer control or the
 1056  control of a bulk assignee or bulk buyer pursuant to part VII of
 1057  this chapter and complaints against developers, bulk assignees,
 1058  or bulk buyers involving improper turnover or failure to
 1059  turnover, pursuant to s. 718.301. However, after turnover has
 1060  occurred, the division has jurisdiction to investigate
 1061  complaints related only to financial issues, elections, and the
 1062  maintenance of and unit owner access to association records
 1063  under s. 718.111(12), and the procedural completion of
 1064  structural integrity reserve studies under s. 718.112(2)(g).
 1065         (a)1. The division may make necessary public or private
 1066  investigations within or outside this state to determine whether
 1067  any person has violated this chapter or any rule or order
 1068  hereunder, to aid in the enforcement of this chapter, or to aid
 1069  in the adoption of rules or forms.
 1070         2. The division may submit any official written report,
 1071  worksheet, or other related paper, or a duly certified copy
 1072  thereof, compiled, prepared, drafted, or otherwise made by and
 1073  duly authenticated by a financial examiner or analyst to be
 1074  admitted as competent evidence in any hearing in which the
 1075  financial examiner or analyst is available for cross-examination
 1076  and attests under oath that such documents were prepared as a
 1077  result of an examination or inspection conducted pursuant to
 1078  this chapter.
 1079         (b) The division may require or permit any person to file a
 1080  statement in writing, under oath or otherwise, as the division
 1081  determines, as to the facts and circumstances concerning a
 1082  matter to be investigated.
 1083         (c) For the purpose of any investigation under this
 1084  chapter, the division director or any officer or employee
 1085  designated by the division director may administer oaths or
 1086  affirmations, subpoena witnesses and compel their attendance,
 1087  take evidence, and require the production of any matter which is
 1088  relevant to the investigation, including the existence,
 1089  description, nature, custody, condition, and location of any
 1090  books, documents, or other tangible things and the identity and
 1091  location of persons having knowledge of relevant facts or any
 1092  other matter reasonably calculated to lead to the discovery of
 1093  material evidence. Upon the failure by a person to obey a
 1094  subpoena or to answer questions propounded by the investigating
 1095  officer and upon reasonable notice to all affected persons, the
 1096  division may apply to the circuit court for an order compelling
 1097  compliance.
 1098         (d) Notwithstanding any remedies available to unit owners
 1099  and associations, if the division has reasonable cause to
 1100  believe that a violation of any provision of this chapter or
 1101  related rule has occurred, the division may institute
 1102  enforcement proceedings in its own name against any developer,
 1103  bulk assignee, bulk buyer, association, officer, or member of
 1104  the board of administration, or its assignees or agents, as
 1105  follows:
 1106         1. The division may permit a person whose conduct or
 1107  actions may be under investigation to waive formal proceedings
 1108  and enter into a consent proceeding whereby orders, rules, or
 1109  letters of censure or warning, whether formal or informal, may
 1110  be entered against the person.
 1111         2. The division may issue an order requiring the developer,
 1112  bulk assignee, bulk buyer, association, developer-designated
 1113  officer, or developer-designated member of the board of
 1114  administration, developer-designated assignees or agents, bulk
 1115  assignee-designated assignees or agents, bulk buyer-designated
 1116  assignees or agents, community association manager, or community
 1117  association management firm to cease and desist from the
 1118  unlawful practice and take such affirmative action as in the
 1119  judgment of the division carry out the purposes of this chapter.
 1120  If the division finds that a developer, bulk assignee, bulk
 1121  buyer, association, officer, or member of the board of
 1122  administration, or its assignees or agents, is violating or is
 1123  about to violate any provision of this chapter, any rule adopted
 1124  or order issued by the division, or any written agreement
 1125  entered into with the division, and presents an immediate danger
 1126  to the public requiring an immediate final order, it may issue
 1127  an emergency cease and desist order reciting with particularity
 1128  the facts underlying such findings. The emergency cease and
 1129  desist order is effective for 90 days. If the division begins
 1130  nonemergency cease and desist proceedings, the emergency cease
 1131  and desist order remains effective until the conclusion of the
 1132  proceedings under ss. 120.569 and 120.57.
 1133         3. If a developer, bulk assignee, or bulk buyer fails to
 1134  pay any restitution determined by the division to be owed, plus
 1135  any accrued interest at the highest rate permitted by law,
 1136  within 30 days after expiration of any appellate time period of
 1137  a final order requiring payment of restitution or the conclusion
 1138  of any appeal thereof, whichever is later, the division must
 1139  bring an action in circuit or county court on behalf of any
 1140  association, class of unit owners, lessees, or purchasers for
 1141  restitution, declaratory relief, injunctive relief, or any other
 1142  available remedy. The division may also temporarily revoke its
 1143  acceptance of the filing for the developer to which the
 1144  restitution relates until payment of restitution is made.
 1145         4. The division may petition the court for appointment of a
 1146  receiver or conservator. If appointed, the receiver or
 1147  conservator may take action to implement the court order to
 1148  ensure the performance of the order and to remedy any breach
 1149  thereof. In addition to all other means provided by law for the
 1150  enforcement of an injunction or temporary restraining order, the
 1151  circuit court may impound or sequester the property of a party
 1152  defendant, including books, papers, documents, and related
 1153  records, and allow the examination and use of the property by
 1154  the division and a court-appointed receiver or conservator.
 1155         5. The division may apply to the circuit court for an order
 1156  of restitution whereby the defendant in an action brought under
 1157  subparagraph 4. is ordered to make restitution of those sums
 1158  shown by the division to have been obtained by the defendant in
 1159  violation of this chapter. At the option of the court, such
 1160  restitution is payable to the conservator or receiver appointed
 1161  under subparagraph 4. or directly to the persons whose funds or
 1162  assets were obtained in violation of this chapter.
 1163         6. The division may impose a civil penalty against a
 1164  developer, bulk assignee, or bulk buyer, or association, or its
 1165  assignee or agent, for any violation of this chapter or related
 1166  rule. The division may impose a civil penalty individually
 1167  against an officer or board member who willfully and knowingly
 1168  violates this chapter, an adopted rule, or a final order of the
 1169  division; may order the removal of such individual as an officer
 1170  or from the board of administration or as an officer of the
 1171  association; and may prohibit such individual from serving as an
 1172  officer or on the board of a community association for a period
 1173  of time. The term “willfully and knowingly” means that the
 1174  division informed the officer or board member that his or her
 1175  action or intended action violates this chapter, a rule adopted
 1176  under this chapter, or a final order of the division and that
 1177  the officer or board member refused to comply with the
 1178  requirements of this chapter, a rule adopted under this chapter,
 1179  or a final order of the division. The division, before
 1180  initiating formal agency action under chapter 120, must afford
 1181  the officer or board member an opportunity to voluntarily
 1182  comply, and an officer or board member who complies within 10
 1183  days is not subject to a civil penalty. A penalty may be imposed
 1184  on the basis of each day of continuing violation, but the
 1185  penalty for any offense may not exceed $5,000. The division
 1186  shall adopt, by rule, penalty guidelines applicable to possible
 1187  violations or to categories of violations of this chapter or
 1188  rules adopted by the division. The guidelines must specify a
 1189  meaningful range of civil penalties for each such violation of
 1190  the statute and rules and must be based upon the harm caused by
 1191  the violation, the repetition of the violation, and upon such
 1192  other factors deemed relevant by the division. For example, the
 1193  division may consider whether the violations were committed by a
 1194  developer, bulk assignee, or bulk buyer, or owner-controlled
 1195  association, the size of the association, and other factors. The
 1196  guidelines must designate the possible mitigating or aggravating
 1197  circumstances that justify a departure from the range of
 1198  penalties provided by the rules. It is the legislative intent
 1199  that minor violations be distinguished from those which endanger
 1200  the health, safety, or welfare of the condominium residents or
 1201  other persons and that such guidelines provide reasonable and
 1202  meaningful notice to the public of likely penalties that may be
 1203  imposed for proscribed conduct. This subsection does not limit
 1204  the ability of the division to informally dispose of
 1205  administrative actions or complaints by stipulation, agreed
 1206  settlement, or consent order. All amounts collected shall be
 1207  deposited with the Chief Financial Officer to the credit of the
 1208  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1209  Trust Fund. If a developer, bulk assignee, or bulk buyer fails
 1210  to pay the civil penalty and the amount deemed to be owed to the
 1211  association, the division shall issue an order directing that
 1212  such developer, bulk assignee, or bulk buyer cease and desist
 1213  from further operation until such time as the civil penalty is
 1214  paid or may pursue enforcement of the penalty in a court of
 1215  competent jurisdiction. If an association fails to pay the civil
 1216  penalty, the division shall pursue enforcement in a court of
 1217  competent jurisdiction, and the order imposing the civil penalty
 1218  or the cease and desist order is not effective until 20 days
 1219  after the date of such order. Any action commenced by the
 1220  division shall be brought in the county in which the division
 1221  has its executive offices or in the county where the violation
 1222  occurred.
 1223         7. If a unit owner presents the division with proof that
 1224  the unit owner has requested access to official records in
 1225  writing by certified mail, and that after 10 days the unit owner
 1226  again made the same request for access to official records in
 1227  writing by certified mail, and that more than 10 days has
 1228  elapsed since the second request and the association has still
 1229  failed or refused to provide access to official records as
 1230  required by this chapter, the division shall issue a subpoena
 1231  requiring production of the requested records where the records
 1232  are kept pursuant to s. 718.112.
 1233         8. In addition to subparagraph 6., the division may seek
 1234  the imposition of a civil penalty through the circuit court for
 1235  any violation for which the division may issue a notice to show
 1236  cause under paragraph (r). The civil penalty shall be at least
 1237  $500 but no more than $5,000 for each violation. The court may
 1238  also award to the prevailing party court costs and reasonable
 1239  attorney fees and, if the division prevails, may also award
 1240  reasonable costs of investigation.
 1241         (e) The division may prepare and disseminate a prospectus
 1242  and other information to assist prospective owners, purchasers,
 1243  lessees, and developers of residential condominiums in assessing
 1244  the rights, privileges, and duties pertaining thereto.
 1245         (f) The division may adopt rules to administer and enforce
 1246  this chapter.
 1247         (g) The division shall establish procedures for providing
 1248  notice to an association and the developer, bulk assignee, or
 1249  bulk buyer during the period in which the developer, bulk
 1250  assignee, or bulk buyer controls the association if the division
 1251  is considering the issuance of a declaratory statement with
 1252  respect to the declaration of condominium or any related
 1253  document governing such condominium community.
 1254         (h) The division shall furnish each association that pays
 1255  the fees required by paragraph (2)(a) a copy of this chapter, as
 1256  amended, and the rules adopted thereto on an annual basis.
 1257         (i) The division shall annually provide each association
 1258  with a summary of declaratory statements and formal legal
 1259  opinions relating to the operations of condominiums which were
 1260  rendered by the division during the previous year.
 1261         (j) The division shall provide training and educational
 1262  programs for condominium association board members and unit
 1263  owners. The training may, in the division’s discretion, include
 1264  web-based electronic media, and live training and seminars in
 1265  various locations throughout the state. The division may review
 1266  and approve education and training programs for board members
 1267  and unit owners offered by providers and shall maintain a
 1268  current list of approved programs and providers and make such
 1269  list available to board members and unit owners in a reasonable
 1270  and cost-effective manner.
 1271         (k) The division shall maintain a toll-free telephone
 1272  number accessible to condominium unit owners.
 1273         (l) The division shall develop a program to certify both
 1274  volunteer and paid mediators to provide mediation of condominium
 1275  disputes. The division shall provide, upon request, a list of
 1276  such mediators to any association, unit owner, or other
 1277  participant in alternative dispute resolution proceedings under
 1278  s. 718.1255 requesting a copy of the list. The division shall
 1279  include on the list of volunteer mediators only the names of
 1280  persons who have received at least 20 hours of training in
 1281  mediation techniques or who have mediated at least 20 disputes.
 1282  In order to become initially certified by the division, paid
 1283  mediators must be certified by the Supreme Court to mediate
 1284  court cases in county or circuit courts. However, the division
 1285  may adopt, by rule, additional factors for the certification of
 1286  paid mediators, which must be related to experience, education,
 1287  or background. Any person initially certified as a paid mediator
 1288  by the division must, in order to continue to be certified,
 1289  comply with the factors or requirements adopted by rule.
 1290         (m) If a complaint is made, the division must conduct its
 1291  inquiry with due regard for the interests of the affected
 1292  parties. Within 30 days after receipt of a complaint, the
 1293  division shall acknowledge the complaint in writing and notify
 1294  the complainant whether the complaint is within the jurisdiction
 1295  of the division and whether additional information is needed by
 1296  the division from the complainant. The division shall conduct
 1297  its investigation and, within 90 days after receipt of the
 1298  original complaint or of timely requested additional
 1299  information, take action upon the complaint. However, the
 1300  failure to complete the investigation within 90 days does not
 1301  prevent the division from continuing the investigation,
 1302  accepting or considering evidence obtained or received after 90
 1303  days, or taking administrative action if reasonable cause exists
 1304  to believe that a violation of this chapter or a rule has
 1305  occurred. If an investigation is not completed within the time
 1306  limits established in this paragraph, the division shall, on a
 1307  monthly basis, notify the complainant in writing of the status
 1308  of the investigation. When reporting its action to the
 1309  complainant, the division shall inform the complainant of any
 1310  right to a hearing under ss. 120.569 and 120.57. The division
 1311  may adopt rules regarding the submission of a complaint against
 1312  an association.
 1313         (n) Condominium association directors, officers, and
 1314  employees; condominium developers; bulk assignees, bulk buyers,
 1315  and community association managers; and community association
 1316  management firms have an ongoing duty to reasonably cooperate
 1317  with the division in any investigation under this section. The
 1318  division shall refer to local law enforcement authorities any
 1319  person whom the division believes has altered, destroyed,
 1320  concealed, or removed any record, document, or thing required to
 1321  be kept or maintained by this chapter with the purpose to impair
 1322  its verity or availability in the department’s investigation.
 1323         (o) The division may:
 1324         1. Contract with agencies in this state or other
 1325  jurisdictions to perform investigative functions; or
 1326         2. Accept grants-in-aid from any source.
 1327         (p) The division shall cooperate with similar agencies in
 1328  other jurisdictions to establish uniform filing procedures and
 1329  forms, public offering statements, advertising standards, and
 1330  rules and common administrative practices.
 1331         (q) The division shall consider notice to a developer, bulk
 1332  assignee, or bulk buyer to be complete when it is delivered to
 1333  the address of the developer, bulk assignee, or bulk buyer
 1334  currently on file with the division.
 1335         (r) In addition to its enforcement authority, the division
 1336  may issue a notice to show cause, which must provide for a
 1337  hearing, upon written request, in accordance with chapter 120.
 1338         (s) The division shall submit to the Governor, the
 1339  President of the Senate, the Speaker of the House of
 1340  Representatives, and the chairs of the legislative
 1341  appropriations committees an annual report that includes, but
 1342  need not be limited to, the number of training programs provided
 1343  for condominium association board members and unit owners, the
 1344  number of complaints received by type, the number and percent of
 1345  complaints acknowledged in writing within 30 days and the number
 1346  and percent of investigations acted upon within 90 days in
 1347  accordance with paragraph (m), and the number of investigations
 1348  exceeding the 90-day requirement. The annual report must also
 1349  include an evaluation of the division’s core business processes
 1350  and make recommendations for improvements, including statutory
 1351  changes. The report shall be submitted by September 30 following
 1352  the end of the fiscal year.
 1353         (3)(a)On or before January 1, 2023, condominium
 1354  associations existing on or before July 1, 2022, must provide
 1355  the following information to the division in writing, by e-mail,
 1356  United States Postal Service, commercial delivery service, or
 1357  hand delivery, at a physical address or e-mail address provided
 1358  by the division and on a form posted on the division’s website:
 1359         1.The number of buildings on the condominium property that
 1360  are three stories or higher in height.
 1361         2.The total number of units in all such buildings.
 1362         3.The addresses of all such buildings.
 1363         4.The counties in which all such buildings are located.
 1364         (b)The division must compile a list of the number of
 1365  buildings on condominium property that are three stories or
 1366  higher in height, which is searchable by county, and must post
 1367  the list on the division’s website. This list must include all
 1368  of the following information:
 1369         1.The name of each association with buildings on the
 1370  condominium property that are three stories or higher in height.
 1371         2.The number of such buildings on each association’s
 1372  property.
 1373         3.The addresses of all such buildings.
 1374         4.The counties in which all such buildings are located.
 1375         (c)An association must provide an update in writing to the
 1376  division if there are any changes to the information in the list
 1377  under paragraph (b) within 6 months after the change.
 1378         Section 11. Present paragraphs (b) and (c) of subsection
 1379  (2) of section 718.503, Florida Statutes, are redesignated as
 1380  paragraphs (c) and (d), respectively, a new paragraph (b) is
 1381  added to that subsection, and paragraph (b) of subsection (1)
 1382  and paragraph (a) of subsection (2) of that section are amended,
 1383  to read:
 1384         718.503 Developer disclosure prior to sale; nondeveloper
 1385  unit owner disclosure prior to sale; voidability.—
 1386         (1) DEVELOPER DISCLOSURE.—
 1387         (b) Copies of documents to be furnished to prospective
 1388  buyer or lessee.—Until such time as the developer has furnished
 1389  the documents listed below to a person who has entered into a
 1390  contract to purchase a residential unit or lease it for more
 1391  than 5 years, the contract may be voided by that person,
 1392  entitling the person to a refund of any deposit together with
 1393  interest thereon as provided in s. 718.202. The contract may be
 1394  terminated by written notice from the proposed buyer or lessee
 1395  delivered to the developer within 15 days after the buyer or
 1396  lessee receives all of the documents required by this section.
 1397  The developer may not close for 15 days after following the
 1398  execution of the agreement and delivery of the documents to the
 1399  buyer as evidenced by a signed receipt for documents unless the
 1400  buyer is informed in the 15-day voidability period and agrees to
 1401  close before prior to the expiration of the 15 days. The
 1402  developer shall retain in his or her records a separate
 1403  agreement signed by the buyer as proof of the buyer’s agreement
 1404  to close before prior to the expiration of the said voidability
 1405  period. The developer must retain such Said proof shall be
 1406  retained for a period of 5 years after the date of the closing
 1407  of the transaction. The documents to be delivered to the
 1408  prospective buyer are the prospectus or disclosure statement
 1409  with all exhibits, if the development is subject to the
 1410  provisions of s. 718.504, or, if not, then copies of the
 1411  following which are applicable:
 1412         1. The question and answer sheet described in s. 718.504,
 1413  and declaration of condominium, or the proposed declaration if
 1414  the declaration has not been recorded, which shall include the
 1415  certificate of a surveyor approximately representing the
 1416  locations required by s. 718.104.
 1417         2. The documents creating the association.
 1418         3. The bylaws.
 1419         4. The ground lease or other underlying lease of the
 1420  condominium.
 1421         5. The management contract, maintenance contract, and other
 1422  contracts for management of the association and operation of the
 1423  condominium and facilities used by the unit owners having a
 1424  service term in excess of 1 year, and any management contracts
 1425  that are renewable.
 1426         6. The estimated operating budget for the condominium and a
 1427  schedule of expenses for each type of unit, including fees
 1428  assessed pursuant to s. 718.113(1) for the maintenance of
 1429  limited common elements where such costs are shared only by
 1430  those entitled to use the limited common elements.
 1431         7. The lease of recreational and other facilities that will
 1432  be used only by unit owners of the subject condominium.
 1433         8. The lease of recreational and other common facilities
 1434  that will be used by unit owners in common with unit owners of
 1435  other condominiums.
 1436         9. The form of unit lease if the offer is of a leasehold.
 1437         10. Any declaration of servitude of properties serving the
 1438  condominium but not owned by unit owners or leased to them or
 1439  the association.
 1440         11. If the development is to be built in phases or if the
 1441  association is to manage more than one condominium, a
 1442  description of the plan of phase development or the arrangements
 1443  for the association to manage two or more condominiums.
 1444         12. If the condominium is a conversion of existing
 1445  improvements, the statements and disclosure required by s.
 1446  718.616.
 1447         13. The form of agreement for sale or lease of units.
 1448         14. A copy of the floor plan of the unit and the plot plan
 1449  showing the location of the residential buildings and the
 1450  recreation and other common areas.
 1451         15. A copy of all covenants and restrictions that which
 1452  will affect the use of the property and which are not contained
 1453  in the foregoing.
 1454         16. If the developer is required by state or local
 1455  authorities to obtain acceptance or approval of any dock or
 1456  marina facilities intended to serve the condominium, a copy of
 1457  any such acceptance or approval acquired by the time of filing
 1458  with the division under s. 718.502(1), or a statement that such
 1459  acceptance or approval has not been acquired or received.
 1460         17. Evidence demonstrating that the developer has an
 1461  ownership, leasehold, or contractual interest in the land upon
 1462  which the condominium is to be developed.
 1463         18.A copy of the inspector-prepared summary of the
 1464  milestone inspection report as described in ss. 553.899 and
 1465  718.301(4)(p).
 1466         19.A copy of the association’s most recent structural
 1467  integrity reserve study or a statement that the association has
 1468  not completed a structural integrity reserve study.
 1469         (2) NONDEVELOPER DISCLOSURE.—
 1470         (a) Each unit owner who is not a developer as defined by
 1471  this chapter must shall comply with the provisions of this
 1472  subsection before prior to the sale of his or her unit. Each
 1473  prospective purchaser who has entered into a contract for the
 1474  purchase of a condominium unit is entitled, at the seller’s
 1475  expense, to a current copy of all of the following:
 1476         1. The declaration of condominium.,
 1477         2. Articles of incorporation of the association.,
 1478         3. Bylaws and rules of the association.,
 1479         4. Financial information required by s. 718.111.,
 1480         5.A copy of the inspector-prepared summary of the
 1481  milestone inspection report as described in ss. 553.899 and
 1482  718.301(4)(p), if applicable.
 1483         6.The association’s most recent structural integrity
 1484  reserve study or a statement that the association has not
 1485  completed a structural integrity reserve study.
 1486         7.and The document entitled “Frequently Asked Questions
 1487  and Answers” required by s. 718.504.
 1488         (b)On and after January 1, 2009, The prospective purchaser
 1489  is shall also be entitled to receive from the seller a copy of a
 1490  governance form. Such form shall be provided by the division
 1491  summarizing governance of condominium associations. In addition
 1492  to such other information as the division considers helpful to a
 1493  prospective purchaser in understanding association governance,
 1494  the governance form shall address the following subjects:
 1495         1. The role of the board in conducting the day-to-day
 1496  affairs of the association on behalf of, and in the best
 1497  interests of, the owners.
 1498         2. The board’s responsibility to provide advance notice of
 1499  board and membership meetings.
 1500         3. The rights of owners to attend and speak at board and
 1501  membership meetings.
 1502         4. The responsibility of the board and of owners with
 1503  respect to maintenance of the condominium property.
 1504         5. The responsibility of the board and owners to abide by
 1505  the condominium documents, this chapter, rules adopted by the
 1506  division, and reasonable rules adopted by the board.
 1507         6. Owners’ rights to inspect and copy association records
 1508  and the limitations on such rights.
 1509         7. Remedies available to owners with respect to actions by
 1510  the board which may be abusive or beyond the board’s power and
 1511  authority.
 1512         8. The right of the board to hire a property management
 1513  firm, subject to its own primary responsibility for such
 1514  management.
 1515         9. The responsibility of owners with regard to payment of
 1516  regular or special assessments necessary for the operation of
 1517  the property and the potential consequences of failure to pay
 1518  such assessments.
 1519         10. The voting rights of owners.
 1520         11. Rights and obligations of the board in enforcement of
 1521  rules in the condominium documents and rules adopted by the
 1522  board.
 1523  
 1524  The governance form shall also include the following statement
 1525  in conspicuous type: “This publication is intended as an
 1526  informal educational overview of condominium governance. In the
 1527  event of a conflict, the provisions of chapter 718, Florida
 1528  Statutes, rules adopted by the Division of Florida Condominiums,
 1529  Timeshares, and Mobile Homes of the Department of Business and
 1530  Professional Regulation, the provisions of the condominium
 1531  documents, and reasonable rules adopted by the condominium
 1532  association’s board of administration prevail over the contents
 1533  of this publication.”
 1534         Section 12. Paragraph (f) of subsection (24) of section
 1535  718.504, Florida Statutes, is amended, and paragraph (q) is
 1536  added to that subsection, to read:
 1537         718.504 Prospectus or offering circular.—Every developer of
 1538  a residential condominium which contains more than 20
 1539  residential units, or which is part of a group of residential
 1540  condominiums which will be served by property to be used in
 1541  common by unit owners of more than 20 residential units, shall
 1542  prepare a prospectus or offering circular and file it with the
 1543  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1544  prior to entering into an enforceable contract of purchase and
 1545  sale of any unit or lease of a unit for more than 5 years and
 1546  shall furnish a copy of the prospectus or offering circular to
 1547  each buyer. In addition to the prospectus or offering circular,
 1548  each buyer shall be furnished a separate page entitled
 1549  “Frequently Asked Questions and Answers,” which shall be in
 1550  accordance with a format approved by the division and a copy of
 1551  the financial information required by s. 718.111. This page
 1552  shall, in readable language, inform prospective purchasers
 1553  regarding their voting rights and unit use restrictions,
 1554  including restrictions on the leasing of a unit; shall indicate
 1555  whether and in what amount the unit owners or the association is
 1556  obligated to pay rent or land use fees for recreational or other
 1557  commonly used facilities; shall contain a statement identifying
 1558  that amount of assessment which, pursuant to the budget, would
 1559  be levied upon each unit type, exclusive of any special
 1560  assessments, and which shall further identify the basis upon
 1561  which assessments are levied, whether monthly, quarterly, or
 1562  otherwise; shall state and identify any court cases in which the
 1563  association is currently a party of record in which the
 1564  association may face liability in excess of $100,000; and which
 1565  shall further state whether membership in a recreational
 1566  facilities association is mandatory, and if so, shall identify
 1567  the fees currently charged per unit type. The division shall by
 1568  rule require such other disclosure as in its judgment will
 1569  assist prospective purchasers. The prospectus or offering
 1570  circular may include more than one condominium, although not all
 1571  such units are being offered for sale as of the date of the
 1572  prospectus or offering circular. The prospectus or offering
 1573  circular must contain the following information:
 1574         (24) Copies of the following, to the extent they are
 1575  applicable, shall be included as exhibits:
 1576         (f) The estimated operating budget for the condominium, and
 1577  the required schedule of unit owners’ expenses, and the
 1578  association’s most recent structural integrity reserve study or
 1579  a statement that the association has not completed a structural
 1580  integrity reserve study.
 1581         (q)A copy of the inspector-prepared summary of the
 1582  milestone inspection report as described in ss. 553.899 and
 1583  718.301(4)(p), as applicable.
 1584         Section 13. Subsections (24) through (28) of section
 1585  719.103, Florida Statutes, are renumbered as subsections (25)
 1586  through (29), respectively, and a new subsection (24) is added
 1587  to that section to read:
 1588         719.103 Definitions.—As used in this chapter:
 1589         (24)“Structural integrity reserve study” means a study of
 1590  the reserve funds required for future major repairs and
 1591  replacement of the common areas based on a visual inspection of
 1592  the common areas. A structural integrity reserve study may be
 1593  performed by any person qualified to perform such study.
 1594  However, the visual inspection portion of the structural
 1595  integrity reserve study must be performed by an engineer
 1596  licensed under chapter 471 or an architect licensed under
 1597  chapter 481. At a minimum, a structural integrity reserve study
 1598  must identify the common areas being visually inspected, state
 1599  the estimated remaining useful life and the estimated
 1600  replacement cost or deferred maintenance expense of the common
 1601  areas being visually inspected, and provide a recommended annual
 1602  reserve amount that achieves the estimated replacement cost or
 1603  deferred maintenance expense of each common area being visually
 1604  inspected by the end of the estimated remaining useful life of
 1605  each common area.
 1606         Section 14. Paragraphs (a) and (c) of subsection (2) of
 1607  section 719.104, Florida Statutes, are amended to read:
 1608         719.104 Cooperatives; access to units; records; financial
 1609  reports; assessments; purchase of leases.—
 1610         (2) OFFICIAL RECORDS.—
 1611         (a) From the inception of the association, the association
 1612  shall maintain a copy of each of the following, where
 1613  applicable, which shall constitute the official records of the
 1614  association:
 1615         1. The plans, permits, warranties, and other items provided
 1616  by the developer pursuant to s. 719.301(4).
 1617         2. A photocopy of the cooperative documents.
 1618         3. A copy of the current rules of the association.
 1619         4. A book or books containing the minutes of all meetings
 1620  of the association, of the board of directors, and of the unit
 1621  owners.
 1622         5. A current roster of all unit owners and their mailing
 1623  addresses, unit identifications, voting certifications, and, if
 1624  known, telephone numbers. The association shall also maintain
 1625  the e-mail addresses and the numbers designated by unit owners
 1626  for receiving notice sent by electronic transmission of those
 1627  unit owners consenting to receive notice by electronic
 1628  transmission. The e-mail addresses and numbers provided by unit
 1629  owners to receive notice by electronic transmission shall be
 1630  removed from association records when consent to receive notice
 1631  by electronic transmission is revoked. However, the association
 1632  is not liable for an erroneous disclosure of the e-mail address
 1633  or the number for receiving electronic transmission of notices.
 1634         6. All current insurance policies of the association.
 1635         7. A current copy of any management agreement, lease, or
 1636  other contract to which the association is a party or under
 1637  which the association or the unit owners have an obligation or
 1638  responsibility.
 1639         8. Bills of sale or transfer for all property owned by the
 1640  association.
 1641         9. Accounting records for the association and separate
 1642  accounting records for each unit it operates, according to good
 1643  accounting practices. The accounting records shall include, but
 1644  not be limited to:
 1645         a. Accurate, itemized, and detailed records of all receipts
 1646  and expenditures.
 1647         b. A current account and a monthly, bimonthly, or quarterly
 1648  statement of the account for each unit designating the name of
 1649  the unit owner, the due date and amount of each assessment, the
 1650  amount paid upon the account, and the balance due.
 1651         c. All audits, reviews, accounting statements, structural
 1652  integrity reserve studies, and financial reports of the
 1653  association. Structural integrity reserve studies must be
 1654  maintained for at least 15 years after the study is completed.
 1655         d. All contracts for work to be performed. Bids for work to
 1656  be performed shall also be considered official records and shall
 1657  be maintained for a period of 1 year.
 1658         10. Ballots, sign-in sheets, voting proxies, and all other
 1659  papers and electronic records relating to voting by unit owners,
 1660  which shall be maintained for a period of 1 year after the date
 1661  of the election, vote, or meeting to which the document relates.
 1662         11. All rental records where the association is acting as
 1663  agent for the rental of units.
 1664         12. A copy of the current question and answer sheet as
 1665  described in s. 719.504.
 1666         13. All affirmative acknowledgments made pursuant to s.
 1667  719.108(3)(b)3.
 1668         14. A copy of the inspection reports described in s.
 1669  553.899 and 719.301(4)(p) and any other inspection report
 1670  relating to a structural or life safety inspection of the
 1671  cooperative property. Such record must be maintained by the
 1672  association for 15 years after receipt of the report.
 1673         15. All other written records of the association not
 1674  specifically included in the foregoing which are related to the
 1675  operation of the association.
 1676         (c) The official records of the association are open to
 1677  inspection by any association member or the authorized
 1678  representative of such member at all reasonable times. The right
 1679  to inspect the records includes the right to make or obtain
 1680  copies, at the reasonable expense, if any, of the association
 1681  member. A renter of a unit has a right to inspect and copy only
 1682  the association’s bylaws and rules and the inspection reports
 1683  described in ss. 553.899 and 719.301(4)(p). The association may
 1684  adopt reasonable rules regarding the frequency, time, location,
 1685  notice, and manner of record inspections and copying, but may
 1686  not require a member to demonstrate any purpose or state any
 1687  reason for the inspection. The failure of an association to
 1688  provide the records within 10 working days after receipt of a
 1689  written request creates a rebuttable presumption that the
 1690  association willfully failed to comply with this paragraph. A
 1691  member who is denied access to official records is entitled to
 1692  the actual damages or minimum damages for the association’s
 1693  willful failure to comply. The minimum damages are $50 per
 1694  calendar day for up to 10 days, beginning on the 11th working
 1695  day after receipt of the written request. The failure to permit
 1696  inspection entitles any person prevailing in an enforcement
 1697  action to recover reasonable attorney fees from the person in
 1698  control of the records who, directly or indirectly, knowingly
 1699  denied access to the records. Any person who knowingly or
 1700  intentionally defaces or destroys accounting records that are
 1701  required by this chapter to be maintained during the period for
 1702  which such records are required to be maintained, or who
 1703  knowingly or intentionally fails to create or maintain
 1704  accounting records that are required to be created or
 1705  maintained, with the intent of causing harm to the association
 1706  or one or more of its members, is personally subject to a civil
 1707  penalty under s. 719.501(1)(d). The association shall maintain
 1708  an adequate number of copies of the declaration, articles of
 1709  incorporation, bylaws, and rules, and all amendments to each of
 1710  the foregoing, as well as the question and answer sheet as
 1711  described in s. 719.504 and year-end financial information
 1712  required by the department, on the cooperative property to
 1713  ensure their availability to members and prospective purchasers,
 1714  and may charge its actual costs for preparing and furnishing
 1715  these documents to those requesting the same. An association
 1716  shall allow a member or his or her authorized representative to
 1717  use a portable device, including a smartphone, tablet, portable
 1718  scanner, or any other technology capable of scanning or taking
 1719  photographs, to make an electronic copy of the official records
 1720  in lieu of the association providing the member or his or her
 1721  authorized representative with a copy of such records. The
 1722  association may not charge a member or his or her authorized
 1723  representative for the use of a portable device. Notwithstanding
 1724  this paragraph, the following records shall not be accessible to
 1725  members:
 1726         1. Any record protected by the lawyer-client privilege as
 1727  described in s. 90.502 and any record protected by the work
 1728  product privilege, including any record prepared by an
 1729  association attorney or prepared at the attorney’s express
 1730  direction which reflects a mental impression, conclusion,
 1731  litigation strategy, or legal theory of the attorney or the
 1732  association, and which was prepared exclusively for civil or
 1733  criminal litigation or for adversarial administrative
 1734  proceedings, or which was prepared in anticipation of such
 1735  litigation or proceedings until the conclusion of the litigation
 1736  or proceedings.
 1737         2. Information obtained by an association in connection
 1738  with the approval of the lease, sale, or other transfer of a
 1739  unit.
 1740         3. Personnel records of association or management company
 1741  employees, including, but not limited to, disciplinary, payroll,
 1742  health, and insurance records. For purposes of this
 1743  subparagraph, the term “personnel records” does not include
 1744  written employment agreements with an association employee or
 1745  management company, or budgetary or financial records that
 1746  indicate the compensation paid to an association employee.
 1747         4. Medical records of unit owners.
 1748         5. Social security numbers, driver license numbers, credit
 1749  card numbers, e-mail addresses, telephone numbers, facsimile
 1750  numbers, emergency contact information, addresses of a unit
 1751  owner other than as provided to fulfill the association’s notice
 1752  requirements, and other personal identifying information of any
 1753  person, excluding the person’s name, unit designation, mailing
 1754  address, property address, and any address, e-mail address, or
 1755  facsimile number provided to the association to fulfill the
 1756  association’s notice requirements. Notwithstanding the
 1757  restrictions in this subparagraph, an association may print and
 1758  distribute to unit owners a directory containing the name, unit
 1759  address, and all telephone numbers of each unit owner. However,
 1760  an owner may exclude his or her telephone numbers from the
 1761  directory by so requesting in writing to the association. An
 1762  owner may consent in writing to the disclosure of other contact
 1763  information described in this subparagraph. The association is
 1764  not liable for the inadvertent disclosure of information that is
 1765  protected under this subparagraph if the information is included
 1766  in an official record of the association and is voluntarily
 1767  provided by an owner and not requested by the association.
 1768         6. Electronic security measures that are used by the
 1769  association to safeguard data, including passwords.
 1770         7. The software and operating system used by the
 1771  association which allow the manipulation of data, even if the
 1772  owner owns a copy of the same software used by the association.
 1773  The data is part of the official records of the association.
 1774         8. All affirmative acknowledgments made pursuant to s.
 1775  719.108(3)(b)3.
 1776         Section 15. Paragraphs (k) through (m) of subsection (1) of
 1777  section 719.106, Florida Statutes, are redesignated as
 1778  paragraphs (m) through (o), respectively, paragraph (j) of
 1779  subsection (1) is amended, and new paragraphs (k) and (l) are
 1780  added to subsection (1) of that section, to read:
 1781         719.106 Bylaws; cooperative ownership.—
 1782         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1783  documents shall provide for the following, and if they do not,
 1784  they shall be deemed to include the following:
 1785         (j) Annual budget.—
 1786         1. The proposed annual budget of common expenses must shall
 1787  be detailed and must shall show the amounts budgeted by accounts
 1788  and expense classifications, including, if applicable, but not
 1789  limited to, those expenses listed in s. 719.504(20). The board
 1790  of administration shall adopt the annual budget at least 14 days
 1791  before prior to the start of the association’s fiscal year. In
 1792  the event that the board fails to timely adopt the annual budget
 1793  a second time, it is shall be deemed a minor violation and the
 1794  prior year’s budget shall continue in effect until a new budget
 1795  is adopted.
 1796         2. In addition to annual operating expenses, the budget
 1797  must shall include reserve accounts for capital expenditures and
 1798  deferred maintenance. These accounts must shall include, but not
 1799  be limited to, roof replacement, building painting, and pavement
 1800  resurfacing, regardless of the amount of deferred maintenance
 1801  expense or replacement cost, and for any other items for which
 1802  the deferred maintenance expense or replacement cost exceeds
 1803  $10,000. The amount to be reserved for an item is determined by
 1804  the association’s most recent structural integrity reserve study
 1805  that must be completed by December 31, 2024. If the amount to be
 1806  reserved for an item is not in the association’s initial or most
 1807  recent structural integrity reserve study or the association has
 1808  not completed a structural integrity reserve study, the amount
 1809  must shall be computed by means of a formula which is based upon
 1810  estimated remaining useful life and estimated replacement cost
 1811  or deferred maintenance expense of the each reserve item. The
 1812  association may adjust replacement reserve assessments annually
 1813  to take into account any changes in estimates or extension of
 1814  the useful life of a reserve item caused by deferred
 1815  maintenance. This paragraph shall not apply to any budget in
 1816  which The members of a unit-owner controlled an association may
 1817  determine have, at a duly called meeting of the association,
 1818  determined for a fiscal year to provide no reserves or reserves
 1819  less adequate than required by this subsection. Before turnover
 1820  of control of an association by a developer to unit owners other
 1821  than a developer under s. 719.301, the developer-controlled
 1822  association may not vote to waive the reserves or reduce funding
 1823  of the reserves. Effective December 31, 2024, a unit-owner
 1824  controlled association may not determine to provide no reserves
 1825  or reserves less adequate than required by this paragraph for
 1826  items listed in paragraph (k) However, prior to turnover of
 1827  control of an association by a developer to unit owners other
 1828  than a developer pursuant to s. 719.301, the developer may vote
 1829  to waive the reserves or reduce the funding of reserves for the
 1830  first 2 years of the operation of the association after which
 1831  time reserves may only be waived or reduced upon the vote of a
 1832  majority of all nondeveloper voting interests voting in person
 1833  or by limited proxy at a duly called meeting of the association.
 1834  If a meeting of the unit owners has been called to determine to
 1835  provide no reserves, or reserves less adequate than required,
 1836  and such result is not attained or a quorum is not attained, the
 1837  reserves as included in the budget shall go into effect.
 1838         3. Reserve funds and any interest accruing thereon shall
 1839  remain in the reserve account or accounts, and shall be used
 1840  only for authorized reserve expenditures unless their use for
 1841  other purposes is approved in advance by a vote of the majority
 1842  of the voting interests, voting in person or by limited proxy at
 1843  a duly called meeting of the association. Before Prior to
 1844  turnover of control of an association by a developer to unit
 1845  owners other than the developer under s. 719.301, the developer
 1846  may not vote to use reserves for purposes other than that for
 1847  which they were intended without the approval of a majority of
 1848  all nondeveloper voting interests, voting in person or by
 1849  limited proxy at a duly called meeting of the association.
 1850  Effective December 31, 2024, members of a unit-owner controlled
 1851  association may not vote to use reserve funds, or any interest
 1852  accruing thereon, that are reserved for items listed in
 1853  paragraph (k) for purposes other than their intended purpose.
 1854         (k)Structural integrity reserve study.
 1855         1.An association must have a structural integrity reserve
 1856  study completed at least every 10 years for each building on the
 1857  cooperative property that is three stories or higher in height
 1858  that includes, at a minimum, a study of the following items as
 1859  related to the structural integrity and safety of the building:
 1860         a.Roof.
 1861         b.Load-bearing walls or other primary structural members.
 1862         c.Floor.
 1863         d.Foundation.
 1864         e.Fireproofing and fire protection systems.
 1865         f.Plumbing.
 1866         g.Electrical systems.
 1867         h.Waterproofing and exterior painting.
 1868         i.Windows.
 1869         j.Any other item that has a deferred maintenance expense
 1870  or replacement cost that exceeds $10,000 and the failure to
 1871  replace or maintain such item negatively affects the items
 1872  listed in subparagraphs a.-i., as determined by the licensed
 1873  engineer or architect performing the visual inspection portion
 1874  of the structural integrity reserve study.
 1875         2.Before a developer turns over control of an association
 1876  to unit owners other than the developer, the developer must have
 1877  a structural integrity reserve study completed for each building
 1878  on the cooperative property that is three stories or higher in
 1879  height.
 1880         3.Associations existing on or before July 1, 2022, which
 1881  are controlled by unit owners other than the developer, must
 1882  have a structural integrity reserve study completed by December
 1883  31, 2024, for each building on the cooperative property that is
 1884  three stories or higher in height.
 1885         4.If an association fails to complete a structural
 1886  integrity reserve study pursuant to this paragraph, such failure
 1887  is a breach of an officer’s and director’s fiduciary
 1888  relationship to the unit owners under s. 719.104(8).
 1889         (l)Mandatory milestone inspections.—If an association is
 1890  required to have a milestone inspection performed pursuant to s.
 1891  553.899, the association must arrange for the milestone
 1892  inspection to be performed and is responsible for ensuring
 1893  compliance with the requirements of s. 553.899. The association
 1894  is responsible for all costs associated with the inspection. If
 1895  the officers or directors of an association willfully and
 1896  knowingly fail to have a milestone inspection performed pursuant
 1897  to s. 553.899, such failure is a breach of the officers’ and
 1898  directors’ fiduciary relationship to the unit owners under s.
 1899  719.104(8)(a). Upon completion of a phase one or phase two
 1900  milestone inspection and receipt of the inspector-prepared
 1901  summary of the inspection report from the architect or engineer
 1902  who performed the inspection, the association must distribute a
 1903  copy of the inspector-prepared summary of the inspection report
 1904  to each unit owner, regardless of the findings or
 1905  recommendations in the report, by United States mail or personal
 1906  delivery and by electronic transmission to unit owners who
 1907  previously consented to receive notice by electronic
 1908  transmission; must post a copy of the inspector-prepared summary
 1909  in a conspicuous place on the cooperative property; and must
 1910  publish the full report and inspector-prepared summary on the
 1911  association’s website, if the association is required to have a
 1912  website.
 1913         Section 16. Paragraphs (p) and (q) are added to subsection
 1914  (4) of section 719.301, Florida Statutes, to read:
 1915         719.301 Transfer of association control.—
 1916         (4) When unit owners other than the developer elect a
 1917  majority of the members of the board of administration of an
 1918  association, the developer shall relinquish control of the
 1919  association, and the unit owners shall accept control.
 1920  Simultaneously, or for the purpose of paragraph (c) not more
 1921  than 90 days thereafter, the developer shall deliver to the
 1922  association, at the developer’s expense, all property of the
 1923  unit owners and of the association held or controlled by the
 1924  developer, including, but not limited to, the following items,
 1925  if applicable, as to each cooperative operated by the
 1926  association:
 1927         (p)Notwithstanding when the certificate of occupancy was
 1928  issued or the height of the building, a milestone inspection
 1929  report in compliance with s. 553.899 included in the official
 1930  records, under seal of an architect or engineer authorized to
 1931  practice in this state, attesting to required maintenance,
 1932  condition, useful life, and replacement costs of the following
 1933  applicable cooperative property comprising a turnover inspection
 1934  report:
 1935         1.Roof.
 1936         2.Structure, including load-bearing walls and primary
 1937  structural members and primary structural systems as those terms
 1938  are defined in s. 627.706.
 1939         3.Fireproofing and fire protection systems.
 1940         4.Elevators.
 1941         5.Heating and cooling systems.
 1942         6.Plumbing.
 1943         7.Electrical systems.
 1944         8.Swimming pool or spa and equipment.
 1945         9.Seawalls.
 1946         10.Pavement and parking areas.
 1947         11.Drainage systems.
 1948         12.Painting.
 1949         13.Irrigation systems.
 1950         14.Waterproofing.
 1951         (q)A copy of the association’s most recent structural
 1952  integrity reserve study.
 1953         Section 17. Subsection (1) of section 719.501, Florida
 1954  Statutes, is amended, and subsection (3) is added to that
 1955  section, to read:
 1956         719.501 Powers and duties of Division of Florida
 1957  Condominiums, Timeshares, and Mobile Homes.—
 1958         (1) The Division of Florida Condominiums, Timeshares, and
 1959  Mobile Homes of the Department of Business and Professional
 1960  Regulation, referred to as the “division” in this part, in
 1961  addition to other powers and duties prescribed by chapter 718,
 1962  has the power to enforce and ensure compliance with this chapter
 1963  and adopted rules relating to the development, construction,
 1964  sale, lease, ownership, operation, and management of residential
 1965  cooperative units, complaints related to the procedural
 1966  completion of the structural integrity reserve studies under s.
 1967  719.106(1)(k), and complaints related to the procedural
 1968  completion of milestone inspections under s. 553.899. In
 1969  performing its duties, the division shall have the following
 1970  powers and duties:
 1971         (a) The division may make necessary public or private
 1972  investigations within or outside this state to determine whether
 1973  any person has violated this chapter or any rule or order
 1974  hereunder, to aid in the enforcement of this chapter, or to aid
 1975  in the adoption of rules or forms hereunder.
 1976         (b) The division may require or permit any person to file a
 1977  statement in writing, under oath or otherwise, as the division
 1978  determines, as to the facts and circumstances concerning a
 1979  matter to be investigated.
 1980         (c) For the purpose of any investigation under this
 1981  chapter, the division director or any officer or employee
 1982  designated by the division director may administer oaths or
 1983  affirmations, subpoena witnesses and compel their attendance,
 1984  take evidence, and require the production of any matter which is
 1985  relevant to the investigation, including the existence,
 1986  description, nature, custody, condition, and location of any
 1987  books, documents, or other tangible things and the identity and
 1988  location of persons having knowledge of relevant facts or any
 1989  other matter reasonably calculated to lead to the discovery of
 1990  material evidence. Upon failure by a person to obey a subpoena
 1991  or to answer questions propounded by the investigating officer
 1992  and upon reasonable notice to all persons affected thereby, the
 1993  division may apply to the circuit court for an order compelling
 1994  compliance.
 1995         (d) Notwithstanding any remedies available to unit owners
 1996  and associations, if the division has reasonable cause to
 1997  believe that a violation of any provision of this chapter or
 1998  related rule has occurred, the division may institute
 1999  enforcement proceedings in its own name against a developer,
 2000  association, officer, or member of the board, or its assignees
 2001  or agents, as follows:
 2002         1. The division may permit a person whose conduct or
 2003  actions may be under investigation to waive formal proceedings
 2004  and enter into a consent proceeding whereby orders, rules, or
 2005  letters of censure or warning, whether formal or informal, may
 2006  be entered against the person.
 2007         2. The division may issue an order requiring the developer,
 2008  association, officer, or member of the board, or its assignees
 2009  or agents, to cease and desist from the unlawful practice and
 2010  take such affirmative action as in the judgment of the division
 2011  will carry out the purposes of this chapter. Such affirmative
 2012  action may include, but is not limited to, an order requiring a
 2013  developer to pay moneys determined to be owed to a condominium
 2014  association.
 2015         3. The division may bring an action in circuit court on
 2016  behalf of a class of unit owners, lessees, or purchasers for
 2017  declaratory relief, injunctive relief, or restitution.
 2018         4. The division may impose a civil penalty against a
 2019  developer or association, or its assignees or agents, for any
 2020  violation of this chapter or related rule. The division may
 2021  impose a civil penalty individually against any officer or board
 2022  member who willfully and knowingly violates a provision of this
 2023  chapter, a rule adopted pursuant to this chapter, or a final
 2024  order of the division. The term “willfully and knowingly” means
 2025  that the division informed the officer or board member that his
 2026  or her action or intended action violates this chapter, a rule
 2027  adopted under this chapter, or a final order of the division,
 2028  and that the officer or board member refused to comply with the
 2029  requirements of this chapter, a rule adopted under this chapter,
 2030  or a final order of the division. The division, prior to
 2031  initiating formal agency action under chapter 120, shall afford
 2032  the officer or board member an opportunity to voluntarily comply
 2033  with this chapter, a rule adopted under this chapter, or a final
 2034  order of the division. An officer or board member who complies
 2035  within 10 days is not subject to a civil penalty. A penalty may
 2036  be imposed on the basis of each day of continuing violation, but
 2037  in no event shall the penalty for any offense exceed $5,000. By
 2038  January 1, 1998, the division shall adopt, by rule, penalty
 2039  guidelines applicable to possible violations or to categories of
 2040  violations of this chapter or rules adopted by the division. The
 2041  guidelines must specify a meaningful range of civil penalties
 2042  for each such violation of the statute and rules and must be
 2043  based upon the harm caused by the violation, the repetition of
 2044  the violation, and upon such other factors deemed relevant by
 2045  the division. For example, the division may consider whether the
 2046  violations were committed by a developer or owner-controlled
 2047  association, the size of the association, and other factors. The
 2048  guidelines must designate the possible mitigating or aggravating
 2049  circumstances that justify a departure from the range of
 2050  penalties provided by the rules. It is the legislative intent
 2051  that minor violations be distinguished from those which endanger
 2052  the health, safety, or welfare of the cooperative residents or
 2053  other persons and that such guidelines provide reasonable and
 2054  meaningful notice to the public of likely penalties that may be
 2055  imposed for proscribed conduct. This subsection does not limit
 2056  the ability of the division to informally dispose of
 2057  administrative actions or complaints by stipulation, agreed
 2058  settlement, or consent order. All amounts collected shall be
 2059  deposited with the Chief Financial Officer to the credit of the
 2060  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2061  Trust Fund. If a developer fails to pay the civil penalty, the
 2062  division shall thereupon issue an order directing that such
 2063  developer cease and desist from further operation until such
 2064  time as the civil penalty is paid or may pursue enforcement of
 2065  the penalty in a court of competent jurisdiction. If an
 2066  association fails to pay the civil penalty, the division shall
 2067  thereupon pursue enforcement in a court of competent
 2068  jurisdiction, and the order imposing the civil penalty or the
 2069  cease and desist order shall not become effective until 20 days
 2070  after the date of such order. Any action commenced by the
 2071  division shall be brought in the county in which the division
 2072  has its executive offices or in the county where the violation
 2073  occurred.
 2074         (e) The division may prepare and disseminate a prospectus
 2075  and other information to assist prospective owners, purchasers,
 2076  lessees, and developers of residential cooperatives in assessing
 2077  the rights, privileges, and duties pertaining thereto.
 2078         (f) The division has authority to adopt rules pursuant to
 2079  ss. 120.536(1) and 120.54 to implement and enforce the
 2080  provisions of this chapter.
 2081         (g) The division shall establish procedures for providing
 2082  notice to an association when the division is considering the
 2083  issuance of a declaratory statement with respect to the
 2084  cooperative documents governing such cooperative community.
 2085         (h) The division shall furnish each association which pays
 2086  the fees required by paragraph (2)(a) a copy of this act,
 2087  subsequent changes to this act on an annual basis, an amended
 2088  version of this act as it becomes available from the Secretary
 2089  of State’s office on a biennial basis, and the rules adopted
 2090  thereto on an annual basis.
 2091         (i) The division shall annually provide each association
 2092  with a summary of declaratory statements and formal legal
 2093  opinions relating to the operations of cooperatives which were
 2094  rendered by the division during the previous year.
 2095         (j) The division shall adopt uniform accounting principles,
 2096  policies, and standards to be used by all associations in the
 2097  preparation and presentation of all financial statements
 2098  required by this chapter. The principles, policies, and
 2099  standards shall take into consideration the size of the
 2100  association and the total revenue collected by the association.
 2101         (k) The division shall provide training and educational
 2102  programs for cooperative association board members and unit
 2103  owners. The training may, in the division’s discretion, include
 2104  web-based electronic media, and live training and seminars in
 2105  various locations throughout the state. The division may review
 2106  and approve education and training programs for board members
 2107  and unit owners offered by providers and shall maintain a
 2108  current list of approved programs and providers and make such
 2109  list available to board members and unit owners in a reasonable
 2110  and cost-effective manner.
 2111         (l) The division shall maintain a toll-free telephone
 2112  number accessible to cooperative unit owners.
 2113         (m) When a complaint is made to the division, the division
 2114  shall conduct its inquiry with reasonable dispatch and with due
 2115  regard to the interests of the affected parties. Within 30 days
 2116  after receipt of a complaint, the division shall acknowledge the
 2117  complaint in writing and notify the complainant whether the
 2118  complaint is within the jurisdiction of the division and whether
 2119  additional information is needed by the division from the
 2120  complainant. The division shall conduct its investigation and
 2121  shall, within 90 days after receipt of the original complaint or
 2122  timely requested additional information, take action upon the
 2123  complaint. However, the failure to complete the investigation
 2124  within 90 days does not prevent the division from continuing the
 2125  investigation, accepting or considering evidence obtained or
 2126  received after 90 days, or taking administrative action if
 2127  reasonable cause exists to believe that a violation of this
 2128  chapter or a rule of the division has occurred. If an
 2129  investigation is not completed within the time limits
 2130  established in this paragraph, the division shall, on a monthly
 2131  basis, notify the complainant in writing of the status of the
 2132  investigation. When reporting its action to the complainant, the
 2133  division shall inform the complainant of any right to a hearing
 2134  pursuant to ss. 120.569 and 120.57.
 2135         (n) The division shall develop a program to certify both
 2136  volunteer and paid mediators to provide mediation of cooperative
 2137  disputes. The division shall provide, upon request, a list of
 2138  such mediators to any association, unit owner, or other
 2139  participant in arbitration proceedings under s. 718.1255
 2140  requesting a copy of the list. The division shall include on the
 2141  list of voluntary mediators only persons who have received at
 2142  least 20 hours of training in mediation techniques or have
 2143  mediated at least 20 disputes. In order to become initially
 2144  certified by the division, paid mediators must be certified by
 2145  the Supreme Court to mediate court cases in county or circuit
 2146  courts. However, the division may adopt, by rule, additional
 2147  factors for the certification of paid mediators, which factors
 2148  must be related to experience, education, or background. Any
 2149  person initially certified as a paid mediator by the division
 2150  must, in order to continue to be certified, comply with the
 2151  factors or requirements imposed by rules adopted by the
 2152  division.
 2153         (3)(a)On or before January 1, 2023, cooperative
 2154  associations existing on or before July 1, 2022, must provide
 2155  the following information to the division in writing, by e-mail,
 2156  United States Postal Service, commercial delivery service, or
 2157  hand delivery, at a physical address or e-mail address provided
 2158  by the division and on a form posted on the division’s website:
 2159         1.The number of buildings on the cooperative property that
 2160  are three stories or higher in height.
 2161         2.The total number of units in all such buildings.
 2162         3.The addresses of all such buildings.
 2163         4.The counties in which all such buildings are located.
 2164         (b)The division must compile a list of the number of
 2165  buildings on cooperative property that are three stories or
 2166  higher in height, which is searchable by county, and must post
 2167  the list on the division’s website. This list must include all
 2168  of the following information:
 2169         1.The name of each association with buildings on the
 2170  cooperative property that are three stories or higher in height.
 2171         2.The number of such buildings on each association’s
 2172  property.
 2173         3.The addresses of all such buildings.
 2174         4.The counties in which all such buildings are located.
 2175         (c)An association must provide an update in writing to the
 2176  division if there are any changes to the information in the list
 2177  under paragraph (b) within 6 months after the change.
 2178         Section 18. Paragraph (b) of subsection (1) and paragraph
 2179  (a) of subsection (2) of section 719.503, Florida Statutes, are
 2180  amended to read:
 2181         719.503 Disclosure prior to sale.—
 2182         (1) DEVELOPER DISCLOSURE.—
 2183         (b) Copies of documents to be furnished to prospective
 2184  buyer or lessee.—Until such time as the developer has furnished
 2185  the documents listed below to a person who has entered into a
 2186  contract to purchase a unit or lease it for more than 5 years,
 2187  the contract may be voided by that person, entitling the person
 2188  to a refund of any deposit together with interest thereon as
 2189  provided in s. 719.202. The contract may be terminated by
 2190  written notice from the proposed buyer or lessee delivered to
 2191  the developer within 15 days after the buyer or lessee receives
 2192  all of the documents required by this section. The developer may
 2193  shall not close for 15 days after following the execution of the
 2194  agreement and delivery of the documents to the buyer as
 2195  evidenced by a receipt for documents signed by the buyer unless
 2196  the buyer is informed in the 15-day voidability period and
 2197  agrees to close before prior to the expiration of the 15 days.
 2198  The developer shall retain in his or her records a separate
 2199  signed agreement as proof of the buyer’s agreement to close
 2200  before prior to the expiration of the said voidability period.
 2201  The developer must retain such Said proof shall be retained for
 2202  a period of 5 years after the date of the closing transaction.
 2203  The documents to be delivered to the prospective buyer are the
 2204  prospectus or disclosure statement with all exhibits, if the
 2205  development is subject to the provisions of s. 719.504, or, if
 2206  not, then copies of the following which are applicable:
 2207         1. The question and answer sheet described in s. 719.504,
 2208  and cooperative documents, or the proposed cooperative documents
 2209  if the documents have not been recorded, which shall include the
 2210  certificate of a surveyor approximately representing the
 2211  locations required by s. 719.104.
 2212         2. The documents creating the association.
 2213         3. The bylaws.
 2214         4. The ground lease or other underlying lease of the
 2215  cooperative.
 2216         5. The management contract, maintenance contract, and other
 2217  contracts for management of the association and operation of the
 2218  cooperative and facilities used by the unit owners having a
 2219  service term in excess of 1 year, and any management contracts
 2220  that are renewable.
 2221         6. The estimated operating budget for the cooperative and a
 2222  schedule of expenses for each type of unit, including fees
 2223  assessed to a shareholder who has exclusive use of limited
 2224  common areas, where such costs are shared only by those entitled
 2225  to use such limited common areas.
 2226         7. The lease of recreational and other facilities that will
 2227  be used only by unit owners of the subject cooperative.
 2228         8. The lease of recreational and other common areas that
 2229  will be used by unit owners in common with unit owners of other
 2230  cooperatives.
 2231         9. The form of unit lease if the offer is of a leasehold.
 2232         10. Any declaration of servitude of properties serving the
 2233  cooperative but not owned by unit owners or leased to them or
 2234  the association.
 2235         11. If the development is to be built in phases or if the
 2236  association is to manage more than one cooperative, a
 2237  description of the plan of phase development or the arrangements
 2238  for the association to manage two or more cooperatives.
 2239         12. If the cooperative is a conversion of existing
 2240  improvements, the statements and disclosure required by s.
 2241  719.616.
 2242         13. The form of agreement for sale or lease of units.
 2243         14. A copy of the floor plan of the unit and the plot plan
 2244  showing the location of the residential buildings and the
 2245  recreation and other common areas.
 2246         15. A copy of all covenants and restrictions that which
 2247  will affect the use of the property and which are not contained
 2248  in the foregoing.
 2249         16. If the developer is required by state or local
 2250  authorities to obtain acceptance or approval of any dock or
 2251  marina facilities intended to serve the cooperative, a copy of
 2252  any such acceptance or approval acquired by the time of filing
 2253  with the division pursuant to s. 719.502(1) or a statement that
 2254  such acceptance or approval has not been acquired or received.
 2255         17. Evidence demonstrating that the developer has an
 2256  ownership, leasehold, or contractual interest in the land upon
 2257  which the cooperative is to be developed.
 2258         18.A copy of the inspector-prepared summary of the
 2259  milestone inspection report as described in ss. 553.899 and
 2260  719.301(4)(p), if applicable.
 2261         19.A copy of the association’s most recent structural
 2262  integrity reserve study or a statement that the association has
 2263  not completed a structural integrity reserve study.
 2264         (2) NONDEVELOPER DISCLOSURE.—
 2265         (a) Each unit owner who is not a developer as defined by
 2266  this chapter must comply with the provisions of this subsection
 2267  before prior to the sale of his or her interest in the
 2268  association. Each prospective purchaser who has entered into a
 2269  contract for the purchase of an interest in a cooperative is
 2270  entitled, at the seller’s expense, to a current copy of all of
 2271  the following:
 2272         1. The articles of incorporation of the association.,
 2273         2. The bylaws, and rules of the association.
 2274         3.,as well as A copy of the question and answer sheet as
 2275  provided in s. 719.504.
 2276         4.A copy of the inspector-prepared summary of the
 2277  milestone inspection report as described in ss. 553.899 and
 2278  719.301(4)(p), if applicable.
 2279         5.A copy of the association’s most recent structural
 2280  integrity reserve study or a statement that the association has
 2281  not completed a structural integrity reserve study.
 2282         Section 19. Paragraphs (q) and (r) are added to subsection
 2283  (23) of section 719.504, Florida Statutes, to read:
 2284         719.504 Prospectus or offering circular.—Every developer of
 2285  a residential cooperative which contains more than 20
 2286  residential units, or which is part of a group of residential
 2287  cooperatives which will be served by property to be used in
 2288  common by unit owners of more than 20 residential units, shall
 2289  prepare a prospectus or offering circular and file it with the
 2290  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2291  prior to entering into an enforceable contract of purchase and
 2292  sale of any unit or lease of a unit for more than 5 years and
 2293  shall furnish a copy of the prospectus or offering circular to
 2294  each buyer. In addition to the prospectus or offering circular,
 2295  each buyer shall be furnished a separate page entitled
 2296  “Frequently Asked Questions and Answers,” which must be in
 2297  accordance with a format approved by the division. This page
 2298  must, in readable language: inform prospective purchasers
 2299  regarding their voting rights and unit use restrictions,
 2300  including restrictions on the leasing of a unit; indicate
 2301  whether and in what amount the unit owners or the association is
 2302  obligated to pay rent or land use fees for recreational or other
 2303  commonly used facilities; contain a statement identifying that
 2304  amount of assessment which, pursuant to the budget, would be
 2305  levied upon each unit type, exclusive of any special
 2306  assessments, and which identifies the basis upon which
 2307  assessments are levied, whether monthly, quarterly, or
 2308  otherwise; state and identify any court cases in which the
 2309  association is currently a party of record in which the
 2310  association may face liability in excess of $100,000; and state
 2311  whether membership in a recreational facilities association is
 2312  mandatory and, if so, identify the fees currently charged per
 2313  unit type. The division shall by rule require such other
 2314  disclosure as in its judgment will assist prospective
 2315  purchasers. The prospectus or offering circular may include more
 2316  than one cooperative, although not all such units are being
 2317  offered for sale as of the date of the prospectus or offering
 2318  circular. The prospectus or offering circular must contain the
 2319  following information:
 2320         (23) Copies of the following, to the extent they are
 2321  applicable, shall be included as exhibits:
 2322         (q)A copy of the inspector-prepared summary of the
 2323  milestone inspection report as described in ss. 553.899 and
 2324  719.301(4)(p), if applicable.
 2325         (r)The association’s most recent structural integrity
 2326  reserve study or a statement that the association has not
 2327  completed a structural integrity reserve study.
 2328         Section 20. Paragraphs (d) and (k) of subsection (10) of
 2329  section 720.303, Florida Statutes, are amended to read:
 2330         720.303 Association powers and duties; meetings of board;
 2331  official records; budgets; financial reporting; association
 2332  funds; recalls.—
 2333         (10) RECALL OF DIRECTORS.—
 2334         (d) If the board determines not to certify the written
 2335  agreement or written ballots to recall a director or directors
 2336  of the board or does not certify the recall by a vote at a
 2337  meeting, the board shall, within 5 full business days after the
 2338  meeting, file an action with a court of competent jurisdiction
 2339  or file with the department a petition for binding arbitration
 2340  under the applicable procedures in ss. 718.112(2)(k) ss.
 2341  718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
 2342  the purposes of this section, the members who voted at the
 2343  meeting or who executed the agreement in writing shall
 2344  constitute one party under the petition for arbitration or in a
 2345  court action. If the arbitrator or court certifies the recall as
 2346  to any director or directors of the board, the recall will be
 2347  effective upon the final order of the court or the mailing of
 2348  the final order of arbitration to the association. The director
 2349  or directors so recalled shall deliver to the board any and all
 2350  records of the association in their possession within 5 full
 2351  business days after the effective date of the recall.
 2352         (k) A board member who has been recalled may file an action
 2353  with a court of competent jurisdiction or a petition under ss.
 2354  718.112(2)(k) ss. 718.112(2)(j) and 718.1255 and the rules
 2355  adopted challenging the validity of the recall. The petition or
 2356  action must be filed within 60 days after the recall is deemed
 2357  certified. The association and the parcel owner representative
 2358  shall be named as respondents.
 2359         Section 21. Subsection (1) of section 720.311, Florida
 2360  Statutes, is amended to read:
 2361         720.311 Dispute resolution.—
 2362         (1) The Legislature finds that alternative dispute
 2363  resolution has made progress in reducing court dockets and
 2364  trials and in offering a more efficient, cost-effective option
 2365  to litigation. The filing of any petition for arbitration or the
 2366  serving of a demand for presuit mediation as provided for in
 2367  this section shall toll the applicable statute of limitations.
 2368  Any recall dispute filed with the department under s.
 2369  720.303(10) shall be conducted by the department in accordance
 2370  with the provisions of ss. 718.112(2)(k) ss. 718.112(2)(j) and
 2371  718.1255 and the rules adopted by the division. In addition, the
 2372  department shall conduct binding arbitration of election
 2373  disputes between a member and an association in accordance with
 2374  s. 718.1255 and rules adopted by the division. Election disputes
 2375  and recall disputes are not eligible for presuit mediation;
 2376  these disputes must be arbitrated by the department or filed in
 2377  a court of competent jurisdiction. At the conclusion of an
 2378  arbitration proceeding, the department shall charge the parties
 2379  a fee in an amount adequate to cover all costs and expenses
 2380  incurred by the department in conducting the proceeding.
 2381  Initially, the petitioner shall remit a filing fee of at least
 2382  $200 to the department. The fees paid to the department shall
 2383  become a recoverable cost in the arbitration proceeding, and the
 2384  prevailing party in an arbitration proceeding shall recover its
 2385  reasonable costs and attorney fees in an amount found reasonable
 2386  by the arbitrator. The department shall adopt rules to
 2387  effectuate the purposes of this section.
 2388         Section 22. Subsection (6) of section 721.15, Florida
 2389  Statutes, is amended to read:
 2390         721.15 Assessments for common expenses.—
 2391         (6) Notwithstanding any contrary requirements of s.
 2392  718.112(2)(h) s. 718.112(2)(g) or s. 719.106(1)(g), for
 2393  timeshare plans subject to this chapter, assessments against
 2394  purchasers need not be made more frequently than annually.
 2395         Section 23. This act shall take effect upon becoming a law.
 2396  
 2397  ================= T I T L E  A M E N D M E N T ================
 2398  And the title is amended as follows:
 2399         Delete everything before the enacting clause
 2400  and insert:
 2401                        A bill to be entitled                      
 2402         An act relating to building safety; amending s.
 2403         553.844, F.S.; providing that the entire roofing
 2404         system or roof section of certain existing buildings
 2405         or structures does not have to be repaired, replaced,
 2406         or recovered in accordance with the Florida Building
 2407         Code under certain circumstances; requiring the
 2408         Florida Building Commission to adopt rules and
 2409         incorporate the rules into the building code;
 2410         prohibiting local governments from adopting certain
 2411         administrative or technical amendments to the building
 2412         code; amending s. 468.4334, F.S.; requiring community
 2413         association managers and community association
 2414         management firms to comply with a specified provision
 2415         under certain circumstances; creating s. 553.899,
 2416         F.S.; providing legislative findings; defining the
 2417         terms “milestone inspection” and “substantial
 2418         structural deterioration”; specifying that the purpose
 2419         of a milestone inspection is not to determine
 2420         compliance with the Florida Building Code or the
 2421         firesafety code; requiring condominium associations
 2422         and cooperative associations to have milestone
 2423         inspections performed on certain buildings at
 2424         specified times; specifying that such associations are
 2425         responsible for costs relating to milestone
 2426         inspections; providing applicability; requiring that
 2427         initial milestone inspections for certain buildings be
 2428         performed before a specified date; requiring local
 2429         enforcement agencies to provide certain written notice
 2430         to condominium associations and cooperative
 2431         associations; requiring condominium associations and
 2432         cooperative associations to complete phase one of a
 2433         milestone inspection within a specified timeframe;
 2434         specifying that milestone inspections consist of two
 2435         phases; providing requirements for each phase of a
 2436         milestone inspection; requiring architects and
 2437         engineers performing a milestone inspection to submit
 2438         a sealed copy of the inspection report and a summary
 2439         that includes specified findings and recommendations
 2440         to certain entities; providing requirements for such
 2441         inspection reports; requiring condominium associations
 2442         and cooperative associations to distribute and post a
 2443         copy of each inspection report and summary in a
 2444         specified manner; authorizing local enforcement
 2445         agencies to prescribe timelines and penalties relating
 2446         to milestone inspections; authorizing boards of county
 2447         commissioners to adopt certain ordinances relating to
 2448         repairs for substantial structural deterioration;
 2449         requiring local enforcement agencies to review and
 2450         determine if a building is unsafe for human occupancy
 2451         under certain circumstances; requiring the Florida
 2452         Building Commission to review milestone inspection
 2453         requirements and make any recommendations to the
 2454         Governor and the Legislature by a specified date;
 2455         requiring the commission to consult with the State
 2456         Fire Marshal to provide certain recommendations to the
 2457         Governor and the Legislature by a specified date;
 2458         amending s. 718.103, F.S.; providing a definition;
 2459         amending s. 718.111, F.S.; revising the types of
 2460         records that constitute the official records of a
 2461         condominium association; requiring associations to
 2462         maintain specified records for a certain timeframe;
 2463         specifying that renters of a unit have the right to
 2464         inspect and copy certain reports; requiring
 2465         associations to post a copy of certain reports and
 2466         reserve studies on the association’s website; amending
 2467         s. 718.112, F.S.; specifying the method for
 2468         determining reserve amounts; prohibiting certain
 2469         members and associations from waiving or reducing
 2470         reserves for certain items after a specified date;
 2471         requiring certain associations to receive approval
 2472         before waiving or reducing reserves for certain items;
 2473         prohibiting certain associations from using reserve
 2474         funds, or any interest accruing thereon, for certain
 2475         purposes after a specified date; requiring certain
 2476         associations to have a structural integrity reserve
 2477         study completed at specified intervals and for certain
 2478         buildings by a specified date; providing requirements
 2479         for such study; conforming provisions to changes made
 2480         by the act; restating requirements for associations
 2481         relating to milestone inspections; specifying that if
 2482         the officers or directors of a condominium association
 2483         fail to have a milestone inspection performed, such
 2484         failure is a breach of their fiduciary relationship to
 2485         the unit owners; amending ss. 718.116 and 718.117,
 2486         F.S.; conforming cross-references; amending s.
 2487         718.301, F.S.; revising reporting requirements
 2488         relating to the transfer of association control;
 2489         amending s. 718.501, F.S.; revising the Division of
 2490         Florida Condominiums, Timeshares, and Mobile Homes’
 2491         authority relating to enforcement and compliance;
 2492         requiring certain associations to provide certain
 2493         information and updates to the division by a specified
 2494         date and within a specified timeframe; requiring the
 2495         division to compile a list with certain information
 2496         and post such list on its website; amending s.
 2497         718.503, F.S.; revising the documents that must be
 2498         delivered to a prospective buyer or lessee of a
 2499         residential unit; revising requirements for
 2500         nondeveloper disclosures; amending s. 718.504, F.S.;
 2501         revising requirements for prospectuses and offering
 2502         circulars; amending s. 719.103, F.S.; providing
 2503         definitions; amending s. 719.104, F.S.; revising the
 2504         types of records that constitute the official records
 2505         of a cooperative association; requiring associations
 2506         to maintain specified records for a certain timeframe;
 2507         specifying that renters of a unit have the right to
 2508         inspect and copy certain reports; amending s. 719.106,
 2509         F.S.; specifying the method for determining reserve
 2510         amounts; prohibiting certain members and associations
 2511         from waiving or reducing reserves for certain items
 2512         after a specified date; requiring certain associations
 2513         to receive approval before waiving or reducing
 2514         reserves for certain items; prohibiting certain
 2515         associations from using reserve funds, or any interest
 2516         accruing thereon, for certain purposes after a
 2517         specified date; requiring certain associations to have
 2518         a structural integrity reserve study completed at
 2519         specified intervals and for certain buildings by a
 2520         specified date; providing requirements for such study;
 2521         conforming provisions to changes made by the act;
 2522         restating requirements for associations relating to
 2523         milestone inspections; specifying that if the officers
 2524         or directors of a cooperative association fail to have
 2525         a milestone inspection performed, such failure is a
 2526         breach of their fiduciary relationship to the unit
 2527         owners; amending s. 719.301, F.S.; requiring
 2528         developers to deliver a turnover inspection report
 2529         relating to cooperative property under certain
 2530         circumstances; amending s. 719.501, F.S.; revising the
 2531         division’s authority relating to enforcement and
 2532         compliance; requiring certain associations to provide
 2533         certain information and updates to the division by a
 2534         specified date and within a specified time; requiring
 2535         the division to compile a list with certain
 2536         information and post such list on its website;
 2537         amending s. 719.503, F.S.; revising the documents that
 2538         must be delivered to a prospective buyer or lessee of
 2539         a residential unit; revising nondeveloper disclosure
 2540         requirements; amending s. 719.504, F.S.; revising
 2541         requirements for prospectuses and offering circulars;
 2542         amending ss. 720.303, 720.311, and 721.15, F.S.;
 2543         conforming cross-references; providing an effective
 2544         date.