SB 4-D                                           First Engrossed
       
       
       
       
       
       
       
       
       20224De1
       
    1                        A bill to be entitled                      
    2         An act relating to building safety; amending s.
    3         553.844, F.S.; providing that the entire roofing
    4         system or roof section of certain existing buildings
    5         or structures does not have to be repaired, replaced,
    6         or recovered in accordance with the Florida Building
    7         Code under certain circumstances; requiring the
    8         Florida Building Commission to adopt rules and
    9         incorporate the rules into the building code;
   10         prohibiting local governments from adopting certain
   11         administrative or technical amendments to the building
   12         code; amending s. 468.4334, F.S.; requiring community
   13         association managers and community association
   14         management firms to comply with a specified provision
   15         under certain circumstances; creating s. 553.899,
   16         F.S.; providing legislative findings; defining the
   17         terms “milestone inspection” and “substantial
   18         structural deterioration”; specifying that the purpose
   19         of a milestone inspection is not to determine
   20         compliance with the Florida Building Code or the
   21         firesafety code; requiring condominium associations
   22         and cooperative associations to have milestone
   23         inspections performed on certain buildings at
   24         specified times; specifying that such associations are
   25         responsible for costs relating to milestone
   26         inspections; providing applicability; requiring that
   27         initial milestone inspections for certain buildings be
   28         performed before a specified date; requiring local
   29         enforcement agencies to provide certain written notice
   30         to condominium associations and cooperative
   31         associations; requiring condominium associations and
   32         cooperative associations to complete phase one of a
   33         milestone inspection within a specified timeframe;
   34         specifying that milestone inspections consist of two
   35         phases; providing requirements for each phase of a
   36         milestone inspection; requiring architects and
   37         engineers performing a milestone inspection to submit
   38         a sealed copy of the inspection report and a summary
   39         that includes specified findings and recommendations
   40         to certain entities; providing requirements for such
   41         inspection reports; requiring condominium associations
   42         and cooperative associations to distribute and post a
   43         copy of each inspection report and summary in a
   44         specified manner; authorizing local enforcement
   45         agencies to prescribe timelines and penalties relating
   46         to milestone inspections; authorizing boards of county
   47         commissioners to adopt certain ordinances relating to
   48         repairs for substantial structural deterioration;
   49         requiring local enforcement agencies to review and
   50         determine if a building is unsafe for human occupancy
   51         under certain circumstances; requiring the Florida
   52         Building Commission to review milestone inspection
   53         requirements and make any recommendations to the
   54         Governor and the Legislature by a specified date;
   55         requiring the commission to consult with the State
   56         Fire Marshal to provide certain recommendations to the
   57         Governor and the Legislature by a specified date;
   58         amending s. 718.103, F.S.; providing a definition;
   59         amending s. 718.111, F.S.; revising the types of
   60         records that constitute the official records of a
   61         condominium association; requiring associations to
   62         maintain specified records for a certain timeframe;
   63         specifying that renters of a unit have the right to
   64         inspect and copy certain reports; requiring
   65         associations to post a copy of certain reports and
   66         reserve studies on the association’s website; amending
   67         s. 718.112, F.S.; specifying the method for
   68         determining reserve amounts; prohibiting certain
   69         members and associations from waiving or reducing
   70         reserves for certain items after a specified date;
   71         requiring certain associations to receive approval
   72         before waiving or reducing reserves for certain items;
   73         prohibiting certain associations from using reserve
   74         funds, or any interest accruing thereon, for certain
   75         purposes after a specified date; requiring certain
   76         associations to have a structural integrity reserve
   77         study completed at specified intervals and for certain
   78         buildings by a specified date; providing requirements
   79         for such study; conforming provisions to changes made
   80         by the act; restating requirements for associations
   81         relating to milestone inspections; specifying that if
   82         the officers or directors of a condominium association
   83         fail to have a milestone inspection performed, such
   84         failure is a breach of their fiduciary relationship to
   85         the unit owners; amending ss. 718.116 and 718.117,
   86         F.S.; conforming cross-references; amending s.
   87         718.301, F.S.; revising reporting requirements
   88         relating to the transfer of association control;
   89         amending s. 718.501, F.S.; revising the Division of
   90         Florida Condominiums, Timeshares, and Mobile Homes’
   91         authority relating to enforcement and compliance;
   92         requiring certain associations to provide certain
   93         information and updates to the division by a specified
   94         date and within a specified timeframe; requiring the
   95         division to compile a list with certain information
   96         and post such list on its website; amending s.
   97         718.503, F.S.; revising the documents that must be
   98         delivered to a prospective buyer or lessee of a
   99         residential unit; revising requirements for
  100         nondeveloper disclosures; amending s. 718.504, F.S.;
  101         revising requirements for prospectuses and offering
  102         circulars; amending s. 719.103, F.S.; providing a
  103         definition; amending s. 719.104, F.S.; revising the
  104         types of records that constitute the official records
  105         of a cooperative association; requiring associations
  106         to maintain specified records for a certain timeframe;
  107         specifying that renters of a unit have the right to
  108         inspect and copy certain reports; amending s. 719.106,
  109         F.S.; specifying the method for determining reserve
  110         amounts; prohibiting certain members and associations
  111         from waiving or reducing reserves for certain items
  112         after a specified date; requiring certain associations
  113         to receive approval before waiving or reducing
  114         reserves for certain items; prohibiting certain
  115         associations from using reserve funds, or any interest
  116         accruing thereon, for certain purposes after a
  117         specified date; requiring certain associations to have
  118         a structural integrity reserve study completed at
  119         specified intervals and for certain buildings by a
  120         specified date; providing requirements for such study;
  121         conforming provisions to changes made by the act;
  122         restating requirements for associations relating to
  123         milestone inspections; specifying that if the officers
  124         or directors of a cooperative association fail to have
  125         a milestone inspection performed, such failure is a
  126         breach of their fiduciary relationship to the unit
  127         owners; amending s. 719.301, F.S.; requiring
  128         developers to deliver a turnover inspection report
  129         relating to cooperative property under certain
  130         circumstances; amending s. 719.501, F.S.; revising the
  131         division’s authority relating to enforcement and
  132         compliance; requiring certain associations to provide
  133         certain information and updates to the division by a
  134         specified date and within a specified time; requiring
  135         the division to compile a list with certain
  136         information and post such list on its website;
  137         amending s. 719.503, F.S.; revising the documents that
  138         must be delivered to a prospective buyer or lessee of
  139         a residential unit; revising nondeveloper disclosure
  140         requirements; amending s. 719.504, F.S.; revising
  141         requirements for prospectuses and offering circulars;
  142         amending ss. 720.303, 720.311, and 721.15, F.S.;
  143         conforming cross-references; providing an effective
  144         date.
  145          
  146  Be It Enacted by the Legislature of the State of Florida:
  147  
  148         Section 1. Subsection (5) is added to section 553.844,
  149  Florida Statutes, to read:
  150         553.844 Windstorm loss mitigation; requirements for roofs
  151  and opening protection.—
  152         (5) Notwithstanding any provision in the Florida Building
  153  Code to the contrary, if an existing roofing system or roof
  154  section was built, repaired, or replaced in compliance with the
  155  requirements of the 2007 Florida Building Code, or any
  156  subsequent editions of the Florida Building Code, and 25 percent
  157  or more of such roofing system or roof section is being
  158  repaired, replaced, or recovered, only the repaired, replaced,
  159  or recovered portion is required to be constructed in accordance
  160  with the Florida Building Code in effect, as applicable. The
  161  Florida Building Commission shall adopt this exception by rule
  162  and incorporate it in the Florida Building Code. Notwithstanding
  163  s. 553.73(4), a local government may not adopt by ordinance an
  164  administrative or technical amendment to this exception.
  165         Section 2. Subsection (1) of section 468.4334, Florida
  166  Statutes, is amended to read:
  167         468.4334 Professional practice standards; liability.—
  168         (1)(a) A community association manager or a community
  169  association management firm is deemed to act as agent on behalf
  170  of a community association as principal within the scope of
  171  authority authorized by a written contract or under this
  172  chapter. A community association manager and a community
  173  association management firm shall discharge duties performed on
  174  behalf of the association as authorized by this chapter loyally,
  175  skillfully, and diligently; dealing honestly and fairly; in good
  176  faith; with care and full disclosure to the community
  177  association; accounting for all funds; and not charging
  178  unreasonable or excessive fees.
  179         (b)If a community association manager or a community
  180  association management firm has a contract with a community
  181  association that has a building on the association’s property
  182  that is subject to s. 553.899, the community association manager
  183  or the community association management firm must comply with
  184  that section as directed by the board.
  185         Section 3. Section 553.899, Florida Statutes, is created to
  186  read:
  187         553.899Mandatory structural inspections for condominium
  188  and cooperative buildings.—
  189         (1)The Legislature finds that maintaining the structural
  190  integrity of a building throughout its service life is of
  191  paramount importance in order to ensure that buildings are
  192  structurally sound so as to not pose a threat to the public
  193  health, safety, or welfare. As such, the Legislature finds that
  194  the imposition of a statewide structural inspection program for
  195  aging condominium and cooperative buildings in this state is
  196  necessary to ensure that such buildings are safe for continued
  197  use.
  198         (2)As used in this section, the terms:
  199         (a)“Milestone inspection” means a structural inspection of
  200  a building, including an inspection of load-bearing walls and
  201  the primary structural members and primary structural systems as
  202  those terms are defined in s. 627.706, by a licensed architect
  203  or engineer authorized to practice in this state for the
  204  purposes of attesting to the life safety and adequacy of the
  205  structural components of the building and, to the extent
  206  reasonably possible, determining the general structural
  207  condition of the building as it affects the safety of such
  208  building, including a determination of any necessary
  209  maintenance, repair, or replacement of any structural component
  210  of the building. The purpose of such inspection is not to
  211  determine if the condition of an existing building is in
  212  compliance with the Florida Building Code or the firesafety
  213  code.
  214         (b)“Substantial structural deterioration” means
  215  substantial structural distress that negatively affects a
  216  building’s general structural condition and integrity. The term
  217  does not include surface imperfections such as cracks,
  218  distortion, sagging, deflections, misalignment, signs of
  219  leakage, or peeling of finishes unless the licensed engineer or
  220  architect performing the phase one or phase two inspection
  221  determines that such surface imperfections are a sign of
  222  substantial structural deterioration.
  223         (3)A condominium association under chapter 718 and a
  224  cooperative association under chapter 719 must have a milestone
  225  inspection performed for each building that is three stories or
  226  more in height by December 31 of the year in which the building
  227  reaches 30 years of age, based on the date the certificate of
  228  occupancy for the building was issued, and every 10 years
  229  thereafter. If the building is located within 3 miles of a
  230  coastline as defined in s. 376.031, the condominium association
  231  or cooperative association must have a milestone inspection
  232  performed by December 31 of the year in which the building
  233  reaches 25 years of age, based on the date the certificate of
  234  occupancy for the building was issued, and every 10 years
  235  thereafter. The condominium association or cooperative
  236  association must arrange for the milestone inspection to be
  237  performed and is responsible for ensuring compliance with the
  238  requirements of this section. The condominium association or
  239  cooperative association is responsible for all costs associated
  240  with the inspection. This subsection does not apply to a single
  241  family, two-family, or three-family dwelling with three or fewer
  242  habitable stories above ground.
  243         (4)If a milestone inspection is required under this
  244  section and the building’s certificate of occupancy was issued
  245  on or before July 1, 1992, the building’s initial milestone
  246  inspection must be performed before December 31, 2024. If the
  247  date of issuance for the certificate of occupancy is not
  248  available, the date of issuance of the building’s certificate of
  249  occupancy shall be the date of occupancy evidenced in any record
  250  of the local building official.
  251         (5)Upon determining that a building must have a milestone
  252  inspection, the local enforcement agency must provide written
  253  notice of such required inspection to the condominium
  254  association or cooperative association by certified mail, return
  255  receipt requested.
  256         (6)Within 180 days after receiving the written notice
  257  under subsection (5), the condominium association or cooperative
  258  association must complete phase one of the milestone inspection.
  259  For purposes of this section, completion of phase one of the
  260  milestone inspection means the licensed engineer or architect
  261  who performed the phase one inspection submitted the inspection
  262  report by e-mail, United States Postal Service, or commercial
  263  delivery service to the local enforcement agency.
  264         (7)A milestone inspection consists of two phases:
  265         (a)For phase one of the milestone inspection, a licensed
  266  architect or engineer authorized to practice in this state shall
  267  perform a visual examination of habitable and nonhabitable areas
  268  of a building, including the major structural components of a
  269  building, and provide a qualitative assessment of the structural
  270  conditions of the building. If the architect or engineer finds
  271  no signs of substantial structural deterioration to any building
  272  components under visual examination, phase two of the
  273  inspection, as provided in paragraph (b), is not required. An
  274  architect or engineer who completes a phase one milestone
  275  inspection shall prepare and submit an inspection report
  276  pursuant to subsection (8).
  277         (b)A phase two of the milestone inspection must be
  278  performed if any substantial structural deterioration is
  279  identified during phase one. A phase two inspection may involve
  280  destructive or nondestructive testing at the inspector’s
  281  direction. The inspection may be as extensive or as limited as
  282  necessary to fully assess areas of structural distress in order
  283  to confirm that the building is structurally sound and safe for
  284  its intended use and to recommend a program for fully assessing
  285  and repairing distressed and damaged portions of the building.
  286  When determining testing locations, the inspector must give
  287  preference to locations that are the least disruptive and most
  288  easily repairable while still being representative of the
  289  structure. An inspector who completes a phase two milestone
  290  inspection shall prepare and submit an inspection report
  291  pursuant to subsection (8).
  292         (8)Upon completion of a phase one or phase two milestone
  293  inspection, the architect or engineer who performed the
  294  inspection must submit a sealed copy of the inspection report
  295  with a separate summary of, at minimum, the material findings
  296  and recommendations in the inspection report to the condominium
  297  association or cooperative association, and to the building
  298  official of the local government which has jurisdiction. The
  299  inspection report must, at a minimum, meet all of the following
  300  criteria:
  301         (a)Bear the seal and signature, or the electronic
  302  signature, of the licensed engineer or architect who performed
  303  the inspection.
  304         (b)Indicate the manner and type of inspection forming the
  305  basis for the inspection report.
  306         (c)Identify any substantial structural deterioration,
  307  within a reasonable professional probability based on the scope
  308  of the inspection, describe the extent of such deterioration,
  309  and identify any recommended repairs for such deterioration.
  310         (d)State whether unsafe or dangerous conditions, as those
  311  terms are defined in the Florida Building Code, were observed.
  312         (e)Recommend any remedial or preventive repair for any
  313  items that are damaged but are not substantial structural
  314  deterioration.
  315         (f)Identify and describe any items requiring further
  316  inspection.
  317         (9)The association must distribute a copy of the
  318  inspector-prepared summary of the inspection report to each
  319  condominium unit owner or cooperative unit owner, regardless of
  320  the findings or recommendations in the report, by United States
  321  mail or personal delivery and by electronic transmission to unit
  322  owners who previously consented to received notice by electronic
  323  transmission; must post a copy of the inspector-prepared summary
  324  in a conspicuous place on the condominium or cooperative
  325  property; and must publish the full report and inspector
  326  prepared summary on the association’s website, if the
  327  association is required to have a website.
  328         (10)A local enforcement agency may prescribe timelines and
  329  penalties with respect to compliance with this section.
  330         (11)A board of county commissioners may adopt an ordinance
  331  requiring that a condominium or cooperative association schedule
  332  or commence repairs for substantial structural deterioration
  333  within a specified timeframe after the local enforcement agency
  334  receives a phase two inspection report; however, such repairs
  335  must be commenced within 365 days after receiving such report.
  336  If an association fails to submit proof to the local enforcement
  337  agency that repairs have been scheduled or have commenced for
  338  substantial structural deterioration identified in a phase two
  339  inspection report within the required timeframe, the local
  340  enforcement agency must review and determine if the building is
  341  unsafe for human occupancy.
  342         (12)The Florida Building Commission shall review the
  343  milestone inspection requirements under this section and make
  344  recommendations, if any, to the Legislature to ensure
  345  inspections are sufficient to determine the structural integrity
  346  of a building. The commission must provide a written report of
  347  any recommendations to the Governor, the President of the
  348  Senate, and the Speaker of the House of Representatives by
  349  December 31, 2022.
  350         (13)The Florida Building Commission shall consult with the
  351  State Fire Marshal to provide recommendations to the Legislature
  352  for the adoption of comprehensive structural and life safety
  353  standards for maintaining and inspecting all types of buildings
  354  and structures in this state that are three stories or more in
  355  height. The commission shall provide a written report of its
  356  recommendations to the Governor, the President of the Senate,
  357  and the Speaker of the House of Representatives by December 31,
  358  2023.
  359         Section 4. Subsections (25) through (30) of section
  360  718.103, Florida Statutes, are renumbered as subsections (26)
  361  through (31), respectively, and a new subsection (25) is added
  362  to that section, to read:
  363         718.103 Definitions.—As used in this chapter, the term:
  364         (25)“Structural integrity reserve study” means a study of
  365  the reserve funds required for future major repairs and
  366  replacement of the common areas based on a visual inspection of
  367  the common areas. A structural integrity reserve study may be
  368  performed by any person qualified to perform such study.
  369  However, the visual inspection portion of the structural
  370  integrity reserve study must be performed by an engineer
  371  licensed under chapter 471 or an architect licensed under
  372  chapter 481. At a minimum, a structural integrity reserve study
  373  must identify the common areas being visually inspected, state
  374  the estimated remaining useful life and the estimated
  375  replacement cost or deferred maintenance expense of the common
  376  areas being visually inspected, and provide a recommended annual
  377  reserve amount that achieves the estimated replacement cost or
  378  deferred maintenance expense of each common area being visually
  379  inspected by the end of the estimated remaining useful life of
  380  each common area.
  381         Section 5. Paragraph (b) of subsection (7) and paragraphs
  382  (a), (c), and (g) of subsection (12) of section 718.111, Florida
  383  Statutes, are amended to read:
  384         718.111 The association.—
  385         (7) TITLE TO PROPERTY.—
  386         (b) Subject to s. 718.112(2)(o) the provisions of s.
  387  718.112(2)(m), the association, through its board, has the
  388  limited power to convey a portion of the common elements to a
  389  condemning authority for the purposes of providing utility
  390  easements, right-of-way expansion, or other public purposes,
  391  whether negotiated or as a result of eminent domain proceedings.
  392         (12) OFFICIAL RECORDS.—
  393         (a) From the inception of the association, the association
  394  shall maintain each of the following items, if applicable, which
  395  constitutes the official records of the association:
  396         1. A copy of the plans, permits, warranties, and other
  397  items provided by the developer under s. 718.301(4).
  398         2. A photocopy of the recorded declaration of condominium
  399  of each condominium operated by the association and each
  400  amendment to each declaration.
  401         3. A photocopy of the recorded bylaws of the association
  402  and each amendment to the bylaws.
  403         4. A certified copy of the articles of incorporation of the
  404  association, or other documents creating the association, and
  405  each amendment thereto.
  406         5. A copy of the current rules of the association.
  407         6. A book or books that contain the minutes of all meetings
  408  of the association, the board of administration, and the unit
  409  owners.
  410         7. A current roster of all unit owners and their mailing
  411  addresses, unit identifications, voting certifications, and, if
  412  known, telephone numbers. The association shall also maintain
  413  the e-mail addresses and facsimile numbers of unit owners
  414  consenting to receive notice by electronic transmission. The e
  415  mail addresses and facsimile numbers are not accessible to unit
  416  owners if consent to receive notice by electronic transmission
  417  is not provided in accordance with sub-subparagraph (c)3.e.
  418  However, the association is not liable for an inadvertent
  419  disclosure of the e-mail address or facsimile number for
  420  receiving electronic transmission of notices.
  421         8. All current insurance policies of the association and
  422  condominiums operated by the association.
  423         9. A current copy of any management agreement, lease, or
  424  other contract to which the association is a party or under
  425  which the association or the unit owners have an obligation or
  426  responsibility.
  427         10. Bills of sale or transfer for all property owned by the
  428  association.
  429         11. Accounting records for the association and separate
  430  accounting records for each condominium that the association
  431  operates. Any person who knowingly or intentionally defaces or
  432  destroys such records, or who knowingly or intentionally fails
  433  to create or maintain such records, with the intent of causing
  434  harm to the association or one or more of its members, is
  435  personally subject to a civil penalty pursuant to s.
  436  718.501(1)(d). The accounting records must include, but are not
  437  limited to:
  438         a. Accurate, itemized, and detailed records of all receipts
  439  and expenditures.
  440         b. A current account and a monthly, bimonthly, or quarterly
  441  statement of the account for each unit designating the name of
  442  the unit owner, the due date and amount of each assessment, the
  443  amount paid on the account, and the balance due.
  444         c. All audits, reviews, accounting statements, structural
  445  integrity reserve studies, and financial reports of the
  446  association or condominium. Structural integrity reserve studies
  447  must be maintained for at least 15 years after the study is
  448  completed.
  449         d. All contracts for work to be performed. Bids for work to
  450  be performed are also considered official records and must be
  451  maintained by the association for at least 1 year after receipt
  452  of the bid.
  453         12. Ballots, sign-in sheets, voting proxies, and all other
  454  papers and electronic records relating to voting by unit owners,
  455  which must be maintained for 1 year from the date of the
  456  election, vote, or meeting to which the document relates,
  457  notwithstanding paragraph (b).
  458         13. All rental records if the association is acting as
  459  agent for the rental of condominium units.
  460         14. A copy of the current question and answer sheet as
  461  described in s. 718.504.
  462         15. A copy of the inspection reports report as described in
  463  ss. 553.899 and 718.301(4)(p) and any other inspection report
  464  relating to a structural or life safety inspection of
  465  condominium property. Such record must be maintained by the
  466  association for 15 years after receipt of the report s.
  467  718.301(4)(p).
  468         16. Bids for materials, equipment, or services.
  469         17. All affirmative acknowledgments made pursuant to s.
  470  718.121(4)(c).
  471         18. All other written records of the association not
  472  specifically included in the foregoing which are related to the
  473  operation of the association.
  474         (c)1. The official records of the association are open to
  475  inspection by any association member or the authorized
  476  representative of such member at all reasonable times. The right
  477  to inspect the records includes the right to make or obtain
  478  copies, at the reasonable expense, if any, of the member or
  479  authorized representative of such member. A renter of a unit has
  480  a right to inspect and copy only the declaration of condominium,
  481  and the association’s bylaws and rules, and the inspection
  482  reports described in ss. 553.899 and 718.301(4)(p). The
  483  association may adopt reasonable rules regarding the frequency,
  484  time, location, notice, and manner of record inspections and
  485  copying but may not require a member to demonstrate any purpose
  486  or state any reason for the inspection. The failure of an
  487  association to provide the records within 10 working days after
  488  receipt of a written request creates a rebuttable presumption
  489  that the association willfully failed to comply with this
  490  paragraph. A unit owner who is denied access to official records
  491  is entitled to the actual damages or minimum damages for the
  492  association’s willful failure to comply. Minimum damages are $50
  493  per calendar day for up to 10 days, beginning on the 11th
  494  working day after receipt of the written request. The failure to
  495  permit inspection entitles any person prevailing in an
  496  enforcement action to recover reasonable attorney fees from the
  497  person in control of the records who, directly or indirectly,
  498  knowingly denied access to the records.
  499         2. Any person who knowingly or intentionally defaces or
  500  destroys accounting records that are required by this chapter to
  501  be maintained during the period for which such records are
  502  required to be maintained, or who knowingly or intentionally
  503  fails to create or maintain accounting records that are required
  504  to be created or maintained, with the intent of causing harm to
  505  the association or one or more of its members, is personally
  506  subject to a civil penalty pursuant to s. 718.501(1)(d).
  507         3. The association shall maintain an adequate number of
  508  copies of the declaration, articles of incorporation, bylaws,
  509  and rules, and all amendments to each of the foregoing, as well
  510  as the question and answer sheet as described in s. 718.504 and
  511  year-end financial information required under this section, on
  512  the condominium property to ensure their availability to unit
  513  owners and prospective purchasers, and may charge its actual
  514  costs for preparing and furnishing these documents to those
  515  requesting the documents. An association shall allow a member or
  516  his or her authorized representative to use a portable device,
  517  including a smartphone, tablet, portable scanner, or any other
  518  technology capable of scanning or taking photographs, to make an
  519  electronic copy of the official records in lieu of the
  520  association’s providing the member or his or her authorized
  521  representative with a copy of such records. The association may
  522  not charge a member or his or her authorized representative for
  523  the use of a portable device. Notwithstanding this paragraph,
  524  the following records are not accessible to unit owners:
  525         a. Any record protected by the lawyer-client privilege as
  526  described in s. 90.502 and any record protected by the work
  527  product privilege, including a record prepared by an association
  528  attorney or prepared at the attorney’s express direction, which
  529  reflects a mental impression, conclusion, litigation strategy,
  530  or legal theory of the attorney or the association, and which
  531  was prepared exclusively for civil or criminal litigation or for
  532  adversarial administrative proceedings, or which was prepared in
  533  anticipation of such litigation or proceedings until the
  534  conclusion of the litigation or proceedings.
  535         b. Information obtained by an association in connection
  536  with the approval of the lease, sale, or other transfer of a
  537  unit.
  538         c. Personnel records of association or management company
  539  employees, including, but not limited to, disciplinary, payroll,
  540  health, and insurance records. For purposes of this sub
  541  subparagraph, the term “personnel records” does not include
  542  written employment agreements with an association employee or
  543  management company, or budgetary or financial records that
  544  indicate the compensation paid to an association employee.
  545         d. Medical records of unit owners.
  546         e. Social security numbers, driver license numbers, credit
  547  card numbers, e-mail addresses, telephone numbers, facsimile
  548  numbers, emergency contact information, addresses of a unit
  549  owner other than as provided to fulfill the association’s notice
  550  requirements, and other personal identifying information of any
  551  person, excluding the person’s name, unit designation, mailing
  552  address, property address, and any address, e-mail address, or
  553  facsimile number provided to the association to fulfill the
  554  association’s notice requirements. Notwithstanding the
  555  restrictions in this sub-subparagraph, an association may print
  556  and distribute to unit owners a directory containing the name,
  557  unit address, and all telephone numbers of each unit owner.
  558  However, an owner may exclude his or her telephone numbers from
  559  the directory by so requesting in writing to the association. An
  560  owner may consent in writing to the disclosure of other contact
  561  information described in this sub-subparagraph. The association
  562  is not liable for the inadvertent disclosure of information that
  563  is protected under this sub-subparagraph if the information is
  564  included in an official record of the association and is
  565  voluntarily provided by an owner and not requested by the
  566  association.
  567         f. Electronic security measures that are used by the
  568  association to safeguard data, including passwords.
  569         g. The software and operating system used by the
  570  association which allow the manipulation of data, even if the
  571  owner owns a copy of the same software used by the association.
  572  The data is part of the official records of the association.
  573         h. All affirmative acknowledgments made pursuant to s.
  574  718.121(4)(c).
  575         (g)1. By January 1, 2019, an association managing a
  576  condominium with 150 or more units which does not contain
  577  timeshare units shall post digital copies of the documents
  578  specified in subparagraph 2. on its website or make such
  579  documents available through an application that can be
  580  downloaded on a mobile device.
  581         a. The association’s website or application must be:
  582         (I) An independent website, application, or web portal
  583  wholly owned and operated by the association; or
  584         (II) A website, application, or web portal operated by a
  585  third-party provider with whom the association owns, leases,
  586  rents, or otherwise obtains the right to operate a web page,
  587  subpage, web portal, collection of subpages or web portals, or
  588  an application which is dedicated to the association’s
  589  activities and on which required notices, records, and documents
  590  may be posted or made available by the association.
  591         b. The association’s website or application must be
  592  accessible through the Internet and must contain a subpage, web
  593  portal, or other protected electronic location that is
  594  inaccessible to the general public and accessible only to unit
  595  owners and employees of the association.
  596         c. Upon a unit owner’s written request, the association
  597  must provide the unit owner with a username and password and
  598  access to the protected sections of the association’s website or
  599  application which contain any notices, records, or documents
  600  that must be electronically provided.
  601         2. A current copy of the following documents must be posted
  602  in digital format on the association’s website or application:
  603         a. The recorded declaration of condominium of each
  604  condominium operated by the association and each amendment to
  605  each declaration.
  606         b. The recorded bylaws of the association and each
  607  amendment to the bylaws.
  608         c. The articles of incorporation of the association, or
  609  other documents creating the association, and each amendment to
  610  the articles of incorporation or other documents. The copy
  611  posted pursuant to this sub-subparagraph must be a copy of the
  612  articles of incorporation filed with the Department of State.
  613         d. The rules of the association.
  614         e. A list of all executory contracts or documents to which
  615  the association is a party or under which the association or the
  616  unit owners have an obligation or responsibility and, after
  617  bidding for the related materials, equipment, or services has
  618  closed, a list of bids received by the association within the
  619  past year. Summaries of bids for materials, equipment, or
  620  services which exceed $500 must be maintained on the website or
  621  application for 1 year. In lieu of summaries, complete copies of
  622  the bids may be posted.
  623         f. The annual budget required by s. 718.112(2)(f) and any
  624  proposed budget to be considered at the annual meeting.
  625         g. The financial report required by subsection (13) and any
  626  monthly income or expense statement to be considered at a
  627  meeting.
  628         h. The certification of each director required by s.
  629  718.112(2)(d)4.b.
  630         i. All contracts or transactions between the association
  631  and any director, officer, corporation, firm, or association
  632  that is not an affiliated condominium association or any other
  633  entity in which an association director is also a director or
  634  officer and financially interested.
  635         j. Any contract or document regarding a conflict of
  636  interest or possible conflict of interest as provided in ss.
  637  468.436(2)(b)6. and 718.3027(3).
  638         k. The notice of any unit owner meeting and the agenda for
  639  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  640  days before the meeting. The notice must be posted in plain view
  641  on the front page of the website or application, or on a
  642  separate subpage of the website or application labeled “Notices”
  643  which is conspicuously visible and linked from the front page.
  644  The association must also post on its website or application any
  645  document to be considered and voted on by the owners during the
  646  meeting or any document listed on the agenda at least 7 days
  647  before the meeting at which the document or the information
  648  within the document will be considered.
  649         l. Notice of any board meeting, the agenda, and any other
  650  document required for the meeting as required by s.
  651  718.112(2)(c), which must be posted no later than the date
  652  required for notice under s. 718.112(2)(c).
  653         m.The inspection reports described in ss. 553.899 and
  654  718.301(4)(p) and any other inspection report relating to a
  655  structural or life safety inspection of condominium property.
  656         n.The association’s most recent structural integrity
  657  reserve study, if applicable.
  658         3. The association shall ensure that the information and
  659  records described in paragraph (c), which are not allowed to be
  660  accessible to unit owners, are not posted on the association’s
  661  website or application. If protected information or information
  662  restricted from being accessible to unit owners is included in
  663  documents that are required to be posted on the association’s
  664  website or application, the association shall ensure the
  665  information is redacted before posting the documents.
  666  Notwithstanding the foregoing, the association or its agent is
  667  not liable for disclosing information that is protected or
  668  restricted under this paragraph unless such disclosure was made
  669  with a knowing or intentional disregard of the protected or
  670  restricted nature of such information.
  671         4. The failure of the association to post information
  672  required under subparagraph 2. is not in and of itself
  673  sufficient to invalidate any action or decision of the
  674  association’s board or its committees.
  675         Section 6. Paragraphs (g) through (o) of subsection (2) of
  676  section 718.112, Florida Statutes, are redesignated as
  677  paragraphs (i) through (q), respectively, paragraphs (d) and (f)
  678  of that subsection are amended, and new paragraphs (g) and (h)
  679  are added to that subsection, to read:
  680         718.112 Bylaws.—
  681         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  682  following and, if they do not do so, shall be deemed to include
  683  the following:
  684         (d) Unit owner meetings.—
  685         1. An annual meeting of the unit owners must be held at the
  686  location provided in the association bylaws and, if the bylaws
  687  are silent as to the location, the meeting must be held within
  688  45 miles of the condominium property. However, such distance
  689  requirement does not apply to an association governing a
  690  timeshare condominium.
  691         2. Unless the bylaws provide otherwise, a vacancy on the
  692  board caused by the expiration of a director’s term must be
  693  filled by electing a new board member, and the election must be
  694  by secret ballot. An election is not required if the number of
  695  vacancies equals or exceeds the number of candidates. For
  696  purposes of this paragraph, the term “candidate” means an
  697  eligible person who has timely submitted the written notice, as
  698  described in sub-subparagraph 4.a., of his or her intention to
  699  become a candidate. Except in a timeshare or nonresidential
  700  condominium, or if the staggered term of a board member does not
  701  expire until a later annual meeting, or if all members’ terms
  702  would otherwise expire but there are no candidates, the terms of
  703  all board members expire at the annual meeting, and such members
  704  may stand for reelection unless prohibited by the bylaws. Board
  705  members may serve terms longer than 1 year if permitted by the
  706  bylaws or articles of incorporation. A board member may not
  707  serve more than 8 consecutive years unless approved by an
  708  affirmative vote of unit owners representing two-thirds of all
  709  votes cast in the election or unless there are not enough
  710  eligible candidates to fill the vacancies on the board at the
  711  time of the vacancy. Only board service that occurs on or after
  712  July 1, 2018, may be used when calculating a board member’s term
  713  limit. If the number of board members whose terms expire at the
  714  annual meeting equals or exceeds the number of candidates, the
  715  candidates become members of the board effective upon the
  716  adjournment of the annual meeting. Unless the bylaws provide
  717  otherwise, any remaining vacancies shall be filled by the
  718  affirmative vote of the majority of the directors making up the
  719  newly constituted board even if the directors constitute less
  720  than a quorum or there is only one director. In a residential
  721  condominium association of more than 10 units or in a
  722  residential condominium association that does not include
  723  timeshare units or timeshare interests, co-owners of a unit may
  724  not serve as members of the board of directors at the same time
  725  unless they own more than one unit or unless there are not
  726  enough eligible candidates to fill the vacancies on the board at
  727  the time of the vacancy. A unit owner in a residential
  728  condominium desiring to be a candidate for board membership must
  729  comply with sub-subparagraph 4.a. and must be eligible to be a
  730  candidate to serve on the board of directors at the time of the
  731  deadline for submitting a notice of intent to run in order to
  732  have his or her name listed as a proper candidate on the ballot
  733  or to serve on the board. A person who has been suspended or
  734  removed by the division under this chapter, or who is delinquent
  735  in the payment of any assessment due to the association, is not
  736  eligible to be a candidate for board membership and may not be
  737  listed on the ballot. For purposes of this paragraph, a person
  738  is delinquent if a payment is not made by the due date as
  739  specifically identified in the declaration of condominium,
  740  bylaws, or articles of incorporation. If a due date is not
  741  specifically identified in the declaration of condominium,
  742  bylaws, or articles of incorporation, the due date is the first
  743  day of the assessment period. A person who has been convicted of
  744  any felony in this state or in a United States District or
  745  Territorial Court, or who has been convicted of any offense in
  746  another jurisdiction which would be considered a felony if
  747  committed in this state, is not eligible for board membership
  748  unless such felon’s civil rights have been restored for at least
  749  5 years as of the date such person seeks election to the board.
  750  The validity of an action by the board is not affected if it is
  751  later determined that a board member is ineligible for board
  752  membership due to having been convicted of a felony. This
  753  subparagraph does not limit the term of a member of the board of
  754  a nonresidential or timeshare condominium.
  755         3. The bylaws must provide the method of calling meetings
  756  of unit owners, including annual meetings. Written notice of an
  757  annual meeting must include an agenda; be mailed, hand
  758  delivered, or electronically transmitted to each unit owner at
  759  least 14 days before the annual meeting; and be posted in a
  760  conspicuous place on the condominium property or association
  761  property at least 14 continuous days before the annual meeting.
  762  Written notice of a meeting other than an annual meeting must
  763  include an agenda; be mailed, hand delivered, or electronically
  764  transmitted to each unit owner; and be posted in a conspicuous
  765  place on the condominium property or association property within
  766  the timeframe specified in the bylaws. If the bylaws do not
  767  specify a timeframe for written notice of a meeting other than
  768  an annual meeting, notice must be provided at least 14
  769  continuous days before the meeting. Upon notice to the unit
  770  owners, the board shall, by duly adopted rule, designate a
  771  specific location on the condominium property or association
  772  property where all notices of unit owner meetings must be
  773  posted. This requirement does not apply if there is no
  774  condominium property for posting notices. In lieu of, or in
  775  addition to, the physical posting of meeting notices, the
  776  association may, by reasonable rule, adopt a procedure for
  777  conspicuously posting and repeatedly broadcasting the notice and
  778  the agenda on a closed-circuit cable television system serving
  779  the condominium association. However, if broadcast notice is
  780  used in lieu of a notice posted physically on the condominium
  781  property, the notice and agenda must be broadcast at least four
  782  times every broadcast hour of each day that a posted notice is
  783  otherwise required under this section. If broadcast notice is
  784  provided, the notice and agenda must be broadcast in a manner
  785  and for a sufficient continuous length of time so as to allow an
  786  average reader to observe the notice and read and comprehend the
  787  entire content of the notice and the agenda. In addition to any
  788  of the authorized means of providing notice of a meeting of the
  789  board, the association may, by rule, adopt a procedure for
  790  conspicuously posting the meeting notice and the agenda on a
  791  website serving the condominium association for at least the
  792  minimum period of time for which a notice of a meeting is also
  793  required to be physically posted on the condominium property.
  794  Any rule adopted shall, in addition to other matters, include a
  795  requirement that the association send an electronic notice in
  796  the same manner as a notice for a meeting of the members, which
  797  must include a hyperlink to the website where the notice is
  798  posted, to unit owners whose e-mail addresses are included in
  799  the association’s official records. Unless a unit owner waives
  800  in writing the right to receive notice of the annual meeting,
  801  such notice must be hand delivered, mailed, or electronically
  802  transmitted to each unit owner. Notice for meetings and notice
  803  for all other purposes must be mailed to each unit owner at the
  804  address last furnished to the association by the unit owner, or
  805  hand delivered to each unit owner. However, if a unit is owned
  806  by more than one person, the association must provide notice to
  807  the address that the developer identifies for that purpose and
  808  thereafter as one or more of the owners of the unit advise the
  809  association in writing, or if no address is given or the owners
  810  of the unit do not agree, to the address provided on the deed of
  811  record. An officer of the association, or the manager or other
  812  person providing notice of the association meeting, must provide
  813  an affidavit or United States Postal Service certificate of
  814  mailing, to be included in the official records of the
  815  association affirming that the notice was mailed or hand
  816  delivered in accordance with this provision.
  817         4. The members of the board of a residential condominium
  818  shall be elected by written ballot or voting machine. Proxies
  819  may not be used in electing the board in general elections or
  820  elections to fill vacancies caused by recall, resignation, or
  821  otherwise, unless otherwise provided in this chapter. This
  822  subparagraph does not apply to an association governing a
  823  timeshare condominium.
  824         a. At least 60 days before a scheduled election, the
  825  association shall mail, deliver, or electronically transmit, by
  826  separate association mailing or included in another association
  827  mailing, delivery, or transmission, including regularly
  828  published newsletters, to each unit owner entitled to a vote, a
  829  first notice of the date of the election. A unit owner or other
  830  eligible person desiring to be a candidate for the board must
  831  give written notice of his or her intent to be a candidate to
  832  the association at least 40 days before a scheduled election.
  833  Together with the written notice and agenda as set forth in
  834  subparagraph 3., the association shall mail, deliver, or
  835  electronically transmit a second notice of the election to all
  836  unit owners entitled to vote, together with a ballot that lists
  837  all candidates not less than 14 days or more than 34 days before
  838  the date of the election. Upon request of a candidate, an
  839  information sheet, no larger than 8 1/2 inches by 11 inches,
  840  which must be furnished by the candidate at least 35 days before
  841  the election, must be included with the mailing, delivery, or
  842  transmission of the ballot, with the costs of mailing, delivery,
  843  or electronic transmission and copying to be borne by the
  844  association. The association is not liable for the contents of
  845  the information sheets prepared by the candidates. In order to
  846  reduce costs, the association may print or duplicate the
  847  information sheets on both sides of the paper. The division
  848  shall by rule establish voting procedures consistent with this
  849  sub-subparagraph, including rules establishing procedures for
  850  giving notice by electronic transmission and rules providing for
  851  the secrecy of ballots. Elections shall be decided by a
  852  plurality of ballots cast. There is no quorum requirement;
  853  however, at least 20 percent of the eligible voters must cast a
  854  ballot in order to have a valid election. A unit owner may not
  855  authorize any other person to vote his or her ballot, and any
  856  ballots improperly cast are invalid. A unit owner who violates
  857  this provision may be fined by the association in accordance
  858  with s. 718.303. A unit owner who needs assistance in casting
  859  the ballot for the reasons stated in s. 101.051 may obtain such
  860  assistance. The regular election must occur on the date of the
  861  annual meeting. Notwithstanding this sub-subparagraph, an
  862  election is not required unless more candidates file notices of
  863  intent to run or are nominated than board vacancies exist.
  864         b. Within 90 days after being elected or appointed to the
  865  board of an association of a residential condominium, each newly
  866  elected or appointed director shall certify in writing to the
  867  secretary of the association that he or she has read the
  868  association’s declaration of condominium, articles of
  869  incorporation, bylaws, and current written policies; that he or
  870  she will work to uphold such documents and policies to the best
  871  of his or her ability; and that he or she will faithfully
  872  discharge his or her fiduciary responsibility to the
  873  association’s members. In lieu of this written certification,
  874  within 90 days after being elected or appointed to the board,
  875  the newly elected or appointed director may submit a certificate
  876  of having satisfactorily completed the educational curriculum
  877  administered by a division-approved condominium education
  878  provider within 1 year before or 90 days after the date of
  879  election or appointment. The written certification or
  880  educational certificate is valid and does not have to be
  881  resubmitted as long as the director serves on the board without
  882  interruption. A director of an association of a residential
  883  condominium who fails to timely file the written certification
  884  or educational certificate is suspended from service on the
  885  board until he or she complies with this sub-subparagraph. The
  886  board may temporarily fill the vacancy during the period of
  887  suspension. The secretary shall cause the association to retain
  888  a director’s written certification or educational certificate
  889  for inspection by the members for 5 years after a director’s
  890  election or the duration of the director’s uninterrupted tenure,
  891  whichever is longer. Failure to have such written certification
  892  or educational certificate on file does not affect the validity
  893  of any board action.
  894         c. Any challenge to the election process must be commenced
  895  within 60 days after the election results are announced.
  896         5. Any approval by unit owners called for by this chapter
  897  or the applicable declaration or bylaws, including, but not
  898  limited to, the approval requirement in s. 718.111(8), must be
  899  made at a duly noticed meeting of unit owners and is subject to
  900  all requirements of this chapter or the applicable condominium
  901  documents relating to unit owner decisionmaking, except that
  902  unit owners may take action by written agreement, without
  903  meetings, on matters for which action by written agreement
  904  without meetings is expressly allowed by the applicable bylaws
  905  or declaration or any law that provides for such action.
  906         6. Unit owners may waive notice of specific meetings if
  907  allowed by the applicable bylaws or declaration or any law.
  908  Notice of meetings of the board of administration, unit owner
  909  meetings, except unit owner meetings called to recall board
  910  members under paragraph (l) (j), and committee meetings may be
  911  given by electronic transmission to unit owners who consent to
  912  receive notice by electronic transmission. A unit owner who
  913  consents to receiving notices by electronic transmission is
  914  solely responsible for removing or bypassing filters that block
  915  receipt of mass e-mails sent to members on behalf of the
  916  association in the course of giving electronic notices.
  917         7. Unit owners have the right to participate in meetings of
  918  unit owners with reference to all designated agenda items.
  919  However, the association may adopt reasonable rules governing
  920  the frequency, duration, and manner of unit owner participation.
  921         8. A unit owner may tape record or videotape a meeting of
  922  the unit owners subject to reasonable rules adopted by the
  923  division.
  924         9. Unless otherwise provided in the bylaws, any vacancy
  925  occurring on the board before the expiration of a term may be
  926  filled by the affirmative vote of the majority of the remaining
  927  directors, even if the remaining directors constitute less than
  928  a quorum, or by the sole remaining director. In the alternative,
  929  a board may hold an election to fill the vacancy, in which case
  930  the election procedures must conform to sub-subparagraph 4.a.
  931  unless the association governs 10 units or fewer and has opted
  932  out of the statutory election process, in which case the bylaws
  933  of the association control. Unless otherwise provided in the
  934  bylaws, a board member appointed or elected under this section
  935  shall fill the vacancy for the unexpired term of the seat being
  936  filled. Filling vacancies created by recall is governed by
  937  paragraph (l) (j) and rules adopted by the division.
  938         10. This chapter does not limit the use of general or
  939  limited proxies, require the use of general or limited proxies,
  940  or require the use of a written ballot or voting machine for any
  941  agenda item or election at any meeting of a timeshare
  942  condominium association or nonresidential condominium
  943  association.
  944  
  945  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  946  association of 10 or fewer units may, by affirmative vote of a
  947  majority of the total voting interests, provide for different
  948  voting and election procedures in its bylaws, which may be by a
  949  proxy specifically delineating the different voting and election
  950  procedures. The different voting and election procedures may
  951  provide for elections to be conducted by limited or general
  952  proxy.
  953         (f) Annual budget.—
  954         1. The proposed annual budget of estimated revenues and
  955  expenses must be detailed and must show the amounts budgeted by
  956  accounts and expense classifications, including, at a minimum,
  957  any applicable expenses listed in s. 718.504(21). The board
  958  shall adopt the annual budget at least 14 days before prior to
  959  the start of the association’s fiscal year. In the event that
  960  the board fails to timely adopt the annual budget a second time,
  961  it is shall be deemed a minor violation and the prior year’s
  962  budget shall continue in effect until a new budget is adopted. A
  963  multicondominium association must shall adopt a separate budget
  964  of common expenses for each condominium the association operates
  965  and must shall adopt a separate budget of common expenses for
  966  the association. In addition, if the association maintains
  967  limited common elements with the cost to be shared only by those
  968  entitled to use the limited common elements as provided for in
  969  s. 718.113(1), the budget or a schedule attached to it must show
  970  the amount budgeted for this maintenance. If, after turnover of
  971  control of the association to the unit owners, any of the
  972  expenses listed in s. 718.504(21) are not applicable, they do
  973  need not need to be listed.
  974         2.a. In addition to annual operating expenses, the budget
  975  must include reserve accounts for capital expenditures and
  976  deferred maintenance. These accounts must include, but are not
  977  limited to, roof replacement, building painting, and pavement
  978  resurfacing, regardless of the amount of deferred maintenance
  979  expense or replacement cost, and any other item that has a
  980  deferred maintenance expense or replacement cost that exceeds
  981  $10,000. The amount to be reserved for an item is determined by
  982  the association’s most recent structural integrity reserve study
  983  that must be completed by December 31, 2024. If the amount to be
  984  reserved for an item is not in the association’s initial or most
  985  recent structural integrity reserve study or the association has
  986  not completed a structural integrity reserve study, the amount
  987  must be computed using a formula based upon estimated remaining
  988  useful life and estimated replacement cost or deferred
  989  maintenance expense of the each reserve item. The association
  990  may adjust replacement reserve assessments annually to take into
  991  account any changes in estimates or extension of the useful life
  992  of a reserve item caused by deferred maintenance. This
  993  subsection does not apply to an adopted budget in which The
  994  members of a unit-owner controlled an association may determine
  995  have determined, by a majority vote at a duly called meeting of
  996  the association, to provide no reserves or less reserves than
  997  required by this subsection. Effective December 31, 2024, the
  998  members of a unit-owner controlled association may not determine
  999  to provide no reserves or less reserves than required by this
 1000  subsection for items listed in paragraph (g).
 1001         b. Before turnover of control of an association by a
 1002  developer to unit owners other than a developer under pursuant
 1003  to s. 718.301, the developer-controlled association developer
 1004  may not vote the voting interests allocated to its units to
 1005  waive the reserves or reduce the funding of the reserves through
 1006  the period expiring at the end of the second fiscal year after
 1007  the fiscal year in which the certificate of a surveyor and
 1008  mapper is recorded pursuant to s. 718.104(4)(e) or an instrument
 1009  that transfers title to a unit in the condominium which is not
 1010  accompanied by a recorded assignment of developer rights in
 1011  favor of the grantee of such unit is recorded, whichever occurs
 1012  first, after which time reserves may be waived or reduced only
 1013  upon the vote of a majority of all nondeveloper voting interests
 1014  voting in person or by limited proxy at a duly called meeting of
 1015  the association. If a meeting of the unit owners has been called
 1016  to determine whether to waive or reduce the funding of reserves
 1017  and no such result is achieved or a quorum is not attained, the
 1018  reserves included in the budget shall go into effect. After the
 1019  turnover, the developer may vote its voting interest to waive or
 1020  reduce the funding of reserves.
 1021         3. Reserve funds and any interest accruing thereon shall
 1022  remain in the reserve account or accounts, and may be used only
 1023  for authorized reserve expenditures unless their use for other
 1024  purposes is approved in advance by a majority vote at a duly
 1025  called meeting of the association. Before turnover of control of
 1026  an association by a developer to unit owners other than the
 1027  developer pursuant to s. 718.301, the developer-controlled
 1028  association may not vote to use reserves for purposes other than
 1029  those for which they were intended. Effective December 31, 2024,
 1030  members of a unit-owner controlled association may not vote to
 1031  use reserve funds, or any interest accruing thereon, that are
 1032  reserved for items listed in paragraph (g) for any other purpose
 1033  other than their intended purpose without the approval of a
 1034  majority of all nondeveloper voting interests, voting in person
 1035  or by limited proxy at a duly called meeting of the association.
 1036         4. The only voting interests that are eligible to vote on
 1037  questions that involve waiving or reducing the funding of
 1038  reserves, or using existing reserve funds for purposes other
 1039  than purposes for which the reserves were intended, are the
 1040  voting interests of the units subject to assessment to fund the
 1041  reserves in question. Proxy questions relating to waiving or
 1042  reducing the funding of reserves or using existing reserve funds
 1043  for purposes other than purposes for which the reserves were
 1044  intended must contain the following statement in capitalized,
 1045  bold letters in a font size larger than any other used on the
 1046  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1047  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1048  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1049  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1050         (g)Structural integrity reserve study.
 1051         1.An association must have a structural integrity reserve
 1052  study completed at least every 10 years after the condominium’s
 1053  creation for each building on the condominium property that is
 1054  three stories or higher in height which includes, at a minimum,
 1055  a study of the following items as related to the structural
 1056  integrity and safety of the building:
 1057         a.Roof.
 1058         b.Load-bearing walls or other primary structural members.
 1059         c.Floor.
 1060         d.Foundation.
 1061         e.Fireproofing and fire protection systems.
 1062         f.Plumbing.
 1063         g.Electrical systems.
 1064         h.Waterproofing and exterior painting.
 1065         i.Windows.
 1066         j.Any other item that has a deferred maintenance expense
 1067  or replacement cost that exceeds $10,000 and the failure to
 1068  replace or maintain such item negatively affects the items
 1069  listed in subparagraphs a.-i., as determined by the licensed
 1070  engineer or architect performing the visual inspection portion
 1071  of the structural integrity reserve study.
 1072         2.Before a developer turns over control of an association
 1073  to unit owners other than the developer, the developer must have
 1074  a structural integrity reserve study completed for each building
 1075  on the condominium property that is three stories or higher in
 1076  height.
 1077         3.Associations existing on or before July 1, 2022, which
 1078  are controlled by unit owners other than the developer, must
 1079  have a structural integrity reserve study completed by December
 1080  31, 2024, for each building on the condominium property that is
 1081  three stories or higher in height.
 1082         4.If an association fails to complete a structural
 1083  integrity reserve study pursuant to this paragraph, such failure
 1084  is a breach of an officer’s and director’s fiduciary
 1085  relationship to the unit owners under s. 718.111(1).
 1086         (h)Mandatory milestone inspections.—If an association is
 1087  required to have a milestone inspection performed pursuant to s.
 1088  553.899, the association must arrange for the milestone
 1089  inspection to be performed and is responsible for ensuring
 1090  compliance with the requirements of s. 553.899. The association
 1091  is responsible for all costs associated with the inspection. If
 1092  the officers or directors of an association willfully and
 1093  knowingly fail to have a milestone inspection performed pursuant
 1094  to s. 553.899, such failure is a breach of the officers’ and
 1095  directors’ fiduciary relationship to the unit owners under s.
 1096  718.111(1)(a). Upon completion of a phase one or phase two
 1097  milestone inspection and receipt of the inspector-prepared
 1098  summary of the inspection report from the architect or engineer
 1099  who performed the inspection, the association must distribute a
 1100  copy of the inspector-prepared summary of the inspection report
 1101  to each unit owner, regardless of the findings or
 1102  recommendations in the report, by United States mail or personal
 1103  delivery and by electronic transmission to unit owners who
 1104  previously consented to receive notice by electronic
 1105  transmission; must post a copy of the inspector-prepared summary
 1106  in a conspicuous place on the condominium property; and must
 1107  publish the full report and inspector-prepared summary on the
 1108  association’s website, if the association is required to have a
 1109  website.
 1110         Section 7. Paragraph (f) of subsection (8) of section
 1111  718.116, Florida Statutes, is amended to read:
 1112         718.116 Assessments; liability; lien and priority;
 1113  interest; collection.—
 1114         (8) Within 10 business days after receiving a written or
 1115  electronic request therefor from a unit owner or the unit
 1116  owner’s designee, or a unit mortgagee or the unit mortgagee’s
 1117  designee, the association shall issue the estoppel certificate.
 1118  Each association shall designate on its website a person or
 1119  entity with a street or e-mail address for receipt of a request
 1120  for an estoppel certificate issued pursuant to this section. The
 1121  estoppel certificate must be provided by hand delivery, regular
 1122  mail, or e-mail to the requestor on the date of issuance of the
 1123  estoppel certificate.
 1124         (f) Notwithstanding any limitation on transfer fees
 1125  contained in s. 718.112(2)(k) s. 718.112(2)(i), an association
 1126  or its authorized agent may charge a reasonable fee for the
 1127  preparation and delivery of an estoppel certificate, which may
 1128  not exceed $250, if, on the date the certificate is issued, no
 1129  delinquent amounts are owed to the association for the
 1130  applicable unit. If an estoppel certificate is requested on an
 1131  expedited basis and delivered within 3 business days after the
 1132  request, the association may charge an additional fee of $100.
 1133  If a delinquent amount is owed to the association for the
 1134  applicable unit, an additional fee for the estoppel certificate
 1135  may not exceed $150.
 1136         Section 8. Paragraph (b) of subsection (8) of section
 1137  718.117, Florida Statutes, is amended to read:
 1138         718.117 Termination of condominium.—
 1139         (8) REPORTS AND REPLACEMENT OF RECEIVER.—
 1140         (b) The unit owners of an association in termination may
 1141  recall or remove members of the board of administration with or
 1142  without cause at any time as provided in s. 718.112(2)(l) s.
 1143  718.112(2)(j).
 1144         Section 9. Paragraph (p) of subsection (4) of section
 1145  718.301, Florida Statutes, is amended, and paragraph (r) is
 1146  added to that subsection, to read:
 1147         718.301 Transfer of association control; claims of defect
 1148  by association.—
 1149         (4) At the time that unit owners other than the developer
 1150  elect a majority of the members of the board of administration
 1151  of an association, the developer shall relinquish control of the
 1152  association, and the unit owners shall accept control.
 1153  Simultaneously, or for the purposes of paragraph (c) not more
 1154  than 90 days thereafter, the developer shall deliver to the
 1155  association, at the developer’s expense, all property of the
 1156  unit owners and of the association which is held or controlled
 1157  by the developer, including, but not limited to, the following
 1158  items, if applicable, as to each condominium operated by the
 1159  association:
 1160         (p) Notwithstanding when the certificate of occupancy was
 1161  issued or the height of the building, a milestone inspection
 1162  report in compliance with s. 553.899 included in the official
 1163  records, under seal of an architect or engineer authorized to
 1164  practice in this state, and attesting to required maintenance,
 1165  condition, useful life, and replacement costs of the following
 1166  applicable condominium property common elements comprising a
 1167  turnover inspection report:
 1168         1. Roof.
 1169         2. Structure, including load-bearing walls and primary
 1170  structural members and primary structural systems as those terms
 1171  are defined in s. 627.706.
 1172         3. Fireproofing and fire protection systems.
 1173         4. Elevators.
 1174         5. Heating and cooling systems.
 1175         6. Plumbing.
 1176         7. Electrical systems.
 1177         8. Swimming pool or spa and equipment.
 1178         9. Seawalls.
 1179         10. Pavement and parking areas.
 1180         11. Drainage systems.
 1181         12. Painting.
 1182         13. Irrigation systems.
 1183         14.Waterproofing.
 1184         (r)A copy of the association’s most recent structural
 1185  integrity reserve study.
 1186         Section 10. Subsection (1) of section 718.501, Florida
 1187  Statutes, is amended, and subsection (3) is added to that
 1188  section, to read:
 1189         718.501 Authority, responsibility, and duties of Division
 1190  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1191         (1) The division may enforce and ensure compliance with
 1192  this chapter and rules relating to the development,
 1193  construction, sale, lease, ownership, operation, and management
 1194  of residential condominium units and complaints related to the
 1195  procedural completion of milestone inspections under s. 553.899.
 1196  In performing its duties, the division has complete jurisdiction
 1197  to investigate complaints and enforce compliance with respect to
 1198  associations that are still under developer control or the
 1199  control of a bulk assignee or bulk buyer pursuant to part VII of
 1200  this chapter and complaints against developers, bulk assignees,
 1201  or bulk buyers involving improper turnover or failure to
 1202  turnover, pursuant to s. 718.301. However, after turnover has
 1203  occurred, the division has jurisdiction to investigate
 1204  complaints related only to financial issues, elections, and the
 1205  maintenance of and unit owner access to association records
 1206  under s. 718.111(12), and the procedural completion of
 1207  structural integrity reserve studies under s. 718.112(2)(g).
 1208         (a)1. The division may make necessary public or private
 1209  investigations within or outside this state to determine whether
 1210  any person has violated this chapter or any rule or order
 1211  hereunder, to aid in the enforcement of this chapter, or to aid
 1212  in the adoption of rules or forms.
 1213         2. The division may submit any official written report,
 1214  worksheet, or other related paper, or a duly certified copy
 1215  thereof, compiled, prepared, drafted, or otherwise made by and
 1216  duly authenticated by a financial examiner or analyst to be
 1217  admitted as competent evidence in any hearing in which the
 1218  financial examiner or analyst is available for cross-examination
 1219  and attests under oath that such documents were prepared as a
 1220  result of an examination or inspection conducted pursuant to
 1221  this chapter.
 1222         (b) The division may require or permit any person to file a
 1223  statement in writing, under oath or otherwise, as the division
 1224  determines, as to the facts and circumstances concerning a
 1225  matter to be investigated.
 1226         (c) For the purpose of any investigation under this
 1227  chapter, the division director or any officer or employee
 1228  designated by the division director may administer oaths or
 1229  affirmations, subpoena witnesses and compel their attendance,
 1230  take evidence, and require the production of any matter which is
 1231  relevant to the investigation, including the existence,
 1232  description, nature, custody, condition, and location of any
 1233  books, documents, or other tangible things and the identity and
 1234  location of persons having knowledge of relevant facts or any
 1235  other matter reasonably calculated to lead to the discovery of
 1236  material evidence. Upon the failure by a person to obey a
 1237  subpoena or to answer questions propounded by the investigating
 1238  officer and upon reasonable notice to all affected persons, the
 1239  division may apply to the circuit court for an order compelling
 1240  compliance.
 1241         (d) Notwithstanding any remedies available to unit owners
 1242  and associations, if the division has reasonable cause to
 1243  believe that a violation of any provision of this chapter or
 1244  related rule has occurred, the division may institute
 1245  enforcement proceedings in its own name against any developer,
 1246  bulk assignee, bulk buyer, association, officer, or member of
 1247  the board of administration, or its assignees or agents, as
 1248  follows:
 1249         1. The division may permit a person whose conduct or
 1250  actions may be under investigation to waive formal proceedings
 1251  and enter into a consent proceeding whereby orders, rules, or
 1252  letters of censure or warning, whether formal or informal, may
 1253  be entered against the person.
 1254         2. The division may issue an order requiring the developer,
 1255  bulk assignee, bulk buyer, association, developer-designated
 1256  officer, or developer-designated member of the board of
 1257  administration, developer-designated assignees or agents, bulk
 1258  assignee-designated assignees or agents, bulk buyer-designated
 1259  assignees or agents, community association manager, or community
 1260  association management firm to cease and desist from the
 1261  unlawful practice and take such affirmative action as in the
 1262  judgment of the division carry out the purposes of this chapter.
 1263  If the division finds that a developer, bulk assignee, bulk
 1264  buyer, association, officer, or member of the board of
 1265  administration, or its assignees or agents, is violating or is
 1266  about to violate any provision of this chapter, any rule adopted
 1267  or order issued by the division, or any written agreement
 1268  entered into with the division, and presents an immediate danger
 1269  to the public requiring an immediate final order, it may issue
 1270  an emergency cease and desist order reciting with particularity
 1271  the facts underlying such findings. The emergency cease and
 1272  desist order is effective for 90 days. If the division begins
 1273  nonemergency cease and desist proceedings, the emergency cease
 1274  and desist order remains effective until the conclusion of the
 1275  proceedings under ss. 120.569 and 120.57.
 1276         3. If a developer, bulk assignee, or bulk buyer fails to
 1277  pay any restitution determined by the division to be owed, plus
 1278  any accrued interest at the highest rate permitted by law,
 1279  within 30 days after expiration of any appellate time period of
 1280  a final order requiring payment of restitution or the conclusion
 1281  of any appeal thereof, whichever is later, the division must
 1282  bring an action in circuit or county court on behalf of any
 1283  association, class of unit owners, lessees, or purchasers for
 1284  restitution, declaratory relief, injunctive relief, or any other
 1285  available remedy. The division may also temporarily revoke its
 1286  acceptance of the filing for the developer to which the
 1287  restitution relates until payment of restitution is made.
 1288         4. The division may petition the court for appointment of a
 1289  receiver or conservator. If appointed, the receiver or
 1290  conservator may take action to implement the court order to
 1291  ensure the performance of the order and to remedy any breach
 1292  thereof. In addition to all other means provided by law for the
 1293  enforcement of an injunction or temporary restraining order, the
 1294  circuit court may impound or sequester the property of a party
 1295  defendant, including books, papers, documents, and related
 1296  records, and allow the examination and use of the property by
 1297  the division and a court-appointed receiver or conservator.
 1298         5. The division may apply to the circuit court for an order
 1299  of restitution whereby the defendant in an action brought under
 1300  subparagraph 4. is ordered to make restitution of those sums
 1301  shown by the division to have been obtained by the defendant in
 1302  violation of this chapter. At the option of the court, such
 1303  restitution is payable to the conservator or receiver appointed
 1304  under subparagraph 4. or directly to the persons whose funds or
 1305  assets were obtained in violation of this chapter.
 1306         6. The division may impose a civil penalty against a
 1307  developer, bulk assignee, or bulk buyer, or association, or its
 1308  assignee or agent, for any violation of this chapter or related
 1309  rule. The division may impose a civil penalty individually
 1310  against an officer or board member who willfully and knowingly
 1311  violates this chapter, an adopted rule, or a final order of the
 1312  division; may order the removal of such individual as an officer
 1313  or from the board of administration or as an officer of the
 1314  association; and may prohibit such individual from serving as an
 1315  officer or on the board of a community association for a period
 1316  of time. The term “willfully and knowingly” means that the
 1317  division informed the officer or board member that his or her
 1318  action or intended action violates this chapter, a rule adopted
 1319  under this chapter, or a final order of the division and that
 1320  the officer or board member refused to comply with the
 1321  requirements of this chapter, a rule adopted under this chapter,
 1322  or a final order of the division. The division, before
 1323  initiating formal agency action under chapter 120, must afford
 1324  the officer or board member an opportunity to voluntarily
 1325  comply, and an officer or board member who complies within 10
 1326  days is not subject to a civil penalty. A penalty may be imposed
 1327  on the basis of each day of continuing violation, but the
 1328  penalty for any offense may not exceed $5,000. The division
 1329  shall adopt, by rule, penalty guidelines applicable to possible
 1330  violations or to categories of violations of this chapter or
 1331  rules adopted by the division. The guidelines must specify a
 1332  meaningful range of civil penalties for each such violation of
 1333  the statute and rules and must be based upon the harm caused by
 1334  the violation, the repetition of the violation, and upon such
 1335  other factors deemed relevant by the division. For example, the
 1336  division may consider whether the violations were committed by a
 1337  developer, bulk assignee, or bulk buyer, or owner-controlled
 1338  association, the size of the association, and other factors. The
 1339  guidelines must designate the possible mitigating or aggravating
 1340  circumstances that justify a departure from the range of
 1341  penalties provided by the rules. It is the legislative intent
 1342  that minor violations be distinguished from those which endanger
 1343  the health, safety, or welfare of the condominium residents or
 1344  other persons and that such guidelines provide reasonable and
 1345  meaningful notice to the public of likely penalties that may be
 1346  imposed for proscribed conduct. This subsection does not limit
 1347  the ability of the division to informally dispose of
 1348  administrative actions or complaints by stipulation, agreed
 1349  settlement, or consent order. All amounts collected shall be
 1350  deposited with the Chief Financial Officer to the credit of the
 1351  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1352  Trust Fund. If a developer, bulk assignee, or bulk buyer fails
 1353  to pay the civil penalty and the amount deemed to be owed to the
 1354  association, the division shall issue an order directing that
 1355  such developer, bulk assignee, or bulk buyer cease and desist
 1356  from further operation until such time as the civil penalty is
 1357  paid or may pursue enforcement of the penalty in a court of
 1358  competent jurisdiction. If an association fails to pay the civil
 1359  penalty, the division shall pursue enforcement in a court of
 1360  competent jurisdiction, and the order imposing the civil penalty
 1361  or the cease and desist order is not effective until 20 days
 1362  after the date of such order. Any action commenced by the
 1363  division shall be brought in the county in which the division
 1364  has its executive offices or in the county where the violation
 1365  occurred.
 1366         7. If a unit owner presents the division with proof that
 1367  the unit owner has requested access to official records in
 1368  writing by certified mail, and that after 10 days the unit owner
 1369  again made the same request for access to official records in
 1370  writing by certified mail, and that more than 10 days has
 1371  elapsed since the second request and the association has still
 1372  failed or refused to provide access to official records as
 1373  required by this chapter, the division shall issue a subpoena
 1374  requiring production of the requested records where the records
 1375  are kept pursuant to s. 718.112.
 1376         8. In addition to subparagraph 6., the division may seek
 1377  the imposition of a civil penalty through the circuit court for
 1378  any violation for which the division may issue a notice to show
 1379  cause under paragraph (r). The civil penalty shall be at least
 1380  $500 but no more than $5,000 for each violation. The court may
 1381  also award to the prevailing party court costs and reasonable
 1382  attorney fees and, if the division prevails, may also award
 1383  reasonable costs of investigation.
 1384         (e) The division may prepare and disseminate a prospectus
 1385  and other information to assist prospective owners, purchasers,
 1386  lessees, and developers of residential condominiums in assessing
 1387  the rights, privileges, and duties pertaining thereto.
 1388         (f) The division may adopt rules to administer and enforce
 1389  this chapter.
 1390         (g) The division shall establish procedures for providing
 1391  notice to an association and the developer, bulk assignee, or
 1392  bulk buyer during the period in which the developer, bulk
 1393  assignee, or bulk buyer controls the association if the division
 1394  is considering the issuance of a declaratory statement with
 1395  respect to the declaration of condominium or any related
 1396  document governing such condominium community.
 1397         (h) The division shall furnish each association that pays
 1398  the fees required by paragraph (2)(a) a copy of this chapter, as
 1399  amended, and the rules adopted thereto on an annual basis.
 1400         (i) The division shall annually provide each association
 1401  with a summary of declaratory statements and formal legal
 1402  opinions relating to the operations of condominiums which were
 1403  rendered by the division during the previous year.
 1404         (j) The division shall provide training and educational
 1405  programs for condominium association board members and unit
 1406  owners. The training may, in the division’s discretion, include
 1407  web-based electronic media, and live training and seminars in
 1408  various locations throughout the state. The division may review
 1409  and approve education and training programs for board members
 1410  and unit owners offered by providers and shall maintain a
 1411  current list of approved programs and providers and make such
 1412  list available to board members and unit owners in a reasonable
 1413  and cost-effective manner.
 1414         (k) The division shall maintain a toll-free telephone
 1415  number accessible to condominium unit owners.
 1416         (l) The division shall develop a program to certify both
 1417  volunteer and paid mediators to provide mediation of condominium
 1418  disputes. The division shall provide, upon request, a list of
 1419  such mediators to any association, unit owner, or other
 1420  participant in alternative dispute resolution proceedings under
 1421  s. 718.1255 requesting a copy of the list. The division shall
 1422  include on the list of volunteer mediators only the names of
 1423  persons who have received at least 20 hours of training in
 1424  mediation techniques or who have mediated at least 20 disputes.
 1425  In order to become initially certified by the division, paid
 1426  mediators must be certified by the Supreme Court to mediate
 1427  court cases in county or circuit courts. However, the division
 1428  may adopt, by rule, additional factors for the certification of
 1429  paid mediators, which must be related to experience, education,
 1430  or background. Any person initially certified as a paid mediator
 1431  by the division must, in order to continue to be certified,
 1432  comply with the factors or requirements adopted by rule.
 1433         (m) If a complaint is made, the division must conduct its
 1434  inquiry with due regard for the interests of the affected
 1435  parties. Within 30 days after receipt of a complaint, the
 1436  division shall acknowledge the complaint in writing and notify
 1437  the complainant whether the complaint is within the jurisdiction
 1438  of the division and whether additional information is needed by
 1439  the division from the complainant. The division shall conduct
 1440  its investigation and, within 90 days after receipt of the
 1441  original complaint or of timely requested additional
 1442  information, take action upon the complaint. However, the
 1443  failure to complete the investigation within 90 days does not
 1444  prevent the division from continuing the investigation,
 1445  accepting or considering evidence obtained or received after 90
 1446  days, or taking administrative action if reasonable cause exists
 1447  to believe that a violation of this chapter or a rule has
 1448  occurred. If an investigation is not completed within the time
 1449  limits established in this paragraph, the division shall, on a
 1450  monthly basis, notify the complainant in writing of the status
 1451  of the investigation. When reporting its action to the
 1452  complainant, the division shall inform the complainant of any
 1453  right to a hearing under ss. 120.569 and 120.57. The division
 1454  may adopt rules regarding the submission of a complaint against
 1455  an association.
 1456         (n) Condominium association directors, officers, and
 1457  employees; condominium developers; bulk assignees, bulk buyers,
 1458  and community association managers; and community association
 1459  management firms have an ongoing duty to reasonably cooperate
 1460  with the division in any investigation under this section. The
 1461  division shall refer to local law enforcement authorities any
 1462  person whom the division believes has altered, destroyed,
 1463  concealed, or removed any record, document, or thing required to
 1464  be kept or maintained by this chapter with the purpose to impair
 1465  its verity or availability in the department’s investigation.
 1466         (o) The division may:
 1467         1. Contract with agencies in this state or other
 1468  jurisdictions to perform investigative functions; or
 1469         2. Accept grants-in-aid from any source.
 1470         (p) The division shall cooperate with similar agencies in
 1471  other jurisdictions to establish uniform filing procedures and
 1472  forms, public offering statements, advertising standards, and
 1473  rules and common administrative practices.
 1474         (q) The division shall consider notice to a developer, bulk
 1475  assignee, or bulk buyer to be complete when it is delivered to
 1476  the address of the developer, bulk assignee, or bulk buyer
 1477  currently on file with the division.
 1478         (r) In addition to its enforcement authority, the division
 1479  may issue a notice to show cause, which must provide for a
 1480  hearing, upon written request, in accordance with chapter 120.
 1481         (s) The division shall submit to the Governor, the
 1482  President of the Senate, the Speaker of the House of
 1483  Representatives, and the chairs of the legislative
 1484  appropriations committees an annual report that includes, but
 1485  need not be limited to, the number of training programs provided
 1486  for condominium association board members and unit owners, the
 1487  number of complaints received by type, the number and percent of
 1488  complaints acknowledged in writing within 30 days and the number
 1489  and percent of investigations acted upon within 90 days in
 1490  accordance with paragraph (m), and the number of investigations
 1491  exceeding the 90-day requirement. The annual report must also
 1492  include an evaluation of the division’s core business processes
 1493  and make recommendations for improvements, including statutory
 1494  changes. The report shall be submitted by September 30 following
 1495  the end of the fiscal year.
 1496         (3)(a)On or before January 1, 2023, condominium
 1497  associations existing on or before July 1, 2022, must provide
 1498  the following information to the division in writing, by e-mail,
 1499  United States Postal Service, commercial delivery service, or
 1500  hand delivery, at a physical address or e-mail address provided
 1501  by the division and on a form posted on the division’s website:
 1502         1.The number of buildings on the condominium property that
 1503  are three stories or higher in height.
 1504         2.The total number of units in all such buildings.
 1505         3.The addresses of all such buildings.
 1506         4.The counties in which all such buildings are located.
 1507         (b)The division must compile a list of the number of
 1508  buildings on condominium property that are three stories or
 1509  higher in height, which is searchable by county, and must post
 1510  the list on the division’s website. This list must include all
 1511  of the following information:
 1512         1.The name of each association with buildings on the
 1513  condominium property that are three stories or higher in height.
 1514         2.The number of such buildings on each association’s
 1515  property.
 1516         3.The addresses of all such buildings.
 1517         4.The counties in which all such buildings are located.
 1518         (c)An association must provide an update in writing to the
 1519  division if there are any changes to the information in the list
 1520  under paragraph (b) within 6 months after the change.
 1521         Section 11. Present paragraphs (b) and (c) of subsection
 1522  (2) of section 718.503, Florida Statutes, are redesignated as
 1523  paragraphs (c) and (d), respectively, a new paragraph (b) is
 1524  added to that subsection, and paragraph (b) of subsection (1)
 1525  and paragraph (a) of subsection (2) of that section are amended,
 1526  to read:
 1527         718.503 Developer disclosure prior to sale; nondeveloper
 1528  unit owner disclosure prior to sale; voidability.—
 1529         (1) DEVELOPER DISCLOSURE.—
 1530         (b) Copies of documents to be furnished to prospective
 1531  buyer or lessee.—Until such time as the developer has furnished
 1532  the documents listed below to a person who has entered into a
 1533  contract to purchase a residential unit or lease it for more
 1534  than 5 years, the contract may be voided by that person,
 1535  entitling the person to a refund of any deposit together with
 1536  interest thereon as provided in s. 718.202. The contract may be
 1537  terminated by written notice from the proposed buyer or lessee
 1538  delivered to the developer within 15 days after the buyer or
 1539  lessee receives all of the documents required by this section.
 1540  The developer may not close for 15 days after following the
 1541  execution of the agreement and delivery of the documents to the
 1542  buyer as evidenced by a signed receipt for documents unless the
 1543  buyer is informed in the 15-day voidability period and agrees to
 1544  close before prior to the expiration of the 15 days. The
 1545  developer shall retain in his or her records a separate
 1546  agreement signed by the buyer as proof of the buyer’s agreement
 1547  to close before prior to the expiration of the said voidability
 1548  period. The developer must retain such Said proof shall be
 1549  retained for a period of 5 years after the date of the closing
 1550  of the transaction. The documents to be delivered to the
 1551  prospective buyer are the prospectus or disclosure statement
 1552  with all exhibits, if the development is subject to the
 1553  provisions of s. 718.504, or, if not, then copies of the
 1554  following which are applicable:
 1555         1. The question and answer sheet described in s. 718.504,
 1556  and declaration of condominium, or the proposed declaration if
 1557  the declaration has not been recorded, which shall include the
 1558  certificate of a surveyor approximately representing the
 1559  locations required by s. 718.104.
 1560         2. The documents creating the association.
 1561         3. The bylaws.
 1562         4. The ground lease or other underlying lease of the
 1563  condominium.
 1564         5. The management contract, maintenance contract, and other
 1565  contracts for management of the association and operation of the
 1566  condominium and facilities used by the unit owners having a
 1567  service term in excess of 1 year, and any management contracts
 1568  that are renewable.
 1569         6. The estimated operating budget for the condominium and a
 1570  schedule of expenses for each type of unit, including fees
 1571  assessed pursuant to s. 718.113(1) for the maintenance of
 1572  limited common elements where such costs are shared only by
 1573  those entitled to use the limited common elements.
 1574         7. The lease of recreational and other facilities that will
 1575  be used only by unit owners of the subject condominium.
 1576         8. The lease of recreational and other common facilities
 1577  that will be used by unit owners in common with unit owners of
 1578  other condominiums.
 1579         9. The form of unit lease if the offer is of a leasehold.
 1580         10. Any declaration of servitude of properties serving the
 1581  condominium but not owned by unit owners or leased to them or
 1582  the association.
 1583         11. If the development is to be built in phases or if the
 1584  association is to manage more than one condominium, a
 1585  description of the plan of phase development or the arrangements
 1586  for the association to manage two or more condominiums.
 1587         12. If the condominium is a conversion of existing
 1588  improvements, the statements and disclosure required by s.
 1589  718.616.
 1590         13. The form of agreement for sale or lease of units.
 1591         14. A copy of the floor plan of the unit and the plot plan
 1592  showing the location of the residential buildings and the
 1593  recreation and other common areas.
 1594         15. A copy of all covenants and restrictions that which
 1595  will affect the use of the property and which are not contained
 1596  in the foregoing.
 1597         16. If the developer is required by state or local
 1598  authorities to obtain acceptance or approval of any dock or
 1599  marina facilities intended to serve the condominium, a copy of
 1600  any such acceptance or approval acquired by the time of filing
 1601  with the division under s. 718.502(1), or a statement that such
 1602  acceptance or approval has not been acquired or received.
 1603         17. Evidence demonstrating that the developer has an
 1604  ownership, leasehold, or contractual interest in the land upon
 1605  which the condominium is to be developed.
 1606         18.A copy of the inspector-prepared summary of the
 1607  milestone inspection report as described in ss. 553.899 and
 1608  718.301(4)(p).
 1609         19.A copy of the association’s most recent structural
 1610  integrity reserve study or a statement that the association has
 1611  not completed a structural integrity reserve study.
 1612         (2) NONDEVELOPER DISCLOSURE.—
 1613         (a) Each unit owner who is not a developer as defined by
 1614  this chapter must shall comply with the provisions of this
 1615  subsection before prior to the sale of his or her unit. Each
 1616  prospective purchaser who has entered into a contract for the
 1617  purchase of a condominium unit is entitled, at the seller’s
 1618  expense, to a current copy of all of the following:
 1619         1. The declaration of condominium.,
 1620         2. Articles of incorporation of the association.,
 1621         3. Bylaws and rules of the association.,
 1622         4. Financial information required by s. 718.111.,
 1623         5.A copy of the inspector-prepared summary of the
 1624  milestone inspection report as described in ss. 553.899 and
 1625  718.301(4)(p), if applicable.
 1626         6.The association’s most recent structural integrity
 1627  reserve study or a statement that the association has not
 1628  completed a structural integrity reserve study.
 1629         7.and The document entitled “Frequently Asked Questions
 1630  and Answers” required by s. 718.504.
 1631         (b)On and after January 1, 2009, The prospective purchaser
 1632  is shall also be entitled to receive from the seller a copy of a
 1633  governance form. Such form shall be provided by the division
 1634  summarizing governance of condominium associations. In addition
 1635  to such other information as the division considers helpful to a
 1636  prospective purchaser in understanding association governance,
 1637  the governance form shall address the following subjects:
 1638         1. The role of the board in conducting the day-to-day
 1639  affairs of the association on behalf of, and in the best
 1640  interests of, the owners.
 1641         2. The board’s responsibility to provide advance notice of
 1642  board and membership meetings.
 1643         3. The rights of owners to attend and speak at board and
 1644  membership meetings.
 1645         4. The responsibility of the board and of owners with
 1646  respect to maintenance of the condominium property.
 1647         5. The responsibility of the board and owners to abide by
 1648  the condominium documents, this chapter, rules adopted by the
 1649  division, and reasonable rules adopted by the board.
 1650         6. Owners’ rights to inspect and copy association records
 1651  and the limitations on such rights.
 1652         7. Remedies available to owners with respect to actions by
 1653  the board which may be abusive or beyond the board’s power and
 1654  authority.
 1655         8. The right of the board to hire a property management
 1656  firm, subject to its own primary responsibility for such
 1657  management.
 1658         9. The responsibility of owners with regard to payment of
 1659  regular or special assessments necessary for the operation of
 1660  the property and the potential consequences of failure to pay
 1661  such assessments.
 1662         10. The voting rights of owners.
 1663         11. Rights and obligations of the board in enforcement of
 1664  rules in the condominium documents and rules adopted by the
 1665  board.
 1666  
 1667  The governance form shall also include the following statement
 1668  in conspicuous type: “This publication is intended as an
 1669  informal educational overview of condominium governance. In the
 1670  event of a conflict, the provisions of chapter 718, Florida
 1671  Statutes, rules adopted by the Division of Florida Condominiums,
 1672  Timeshares, and Mobile Homes of the Department of Business and
 1673  Professional Regulation, the provisions of the condominium
 1674  documents, and reasonable rules adopted by the condominium
 1675  association’s board of administration prevail over the contents
 1676  of this publication.”
 1677         Section 12. Paragraph (f) of subsection (24) of section
 1678  718.504, Florida Statutes, is amended, and paragraph (q) is
 1679  added to that subsection, to read:
 1680         718.504 Prospectus or offering circular.—Every developer of
 1681  a residential condominium which contains more than 20
 1682  residential units, or which is part of a group of residential
 1683  condominiums which will be served by property to be used in
 1684  common by unit owners of more than 20 residential units, shall
 1685  prepare a prospectus or offering circular and file it with the
 1686  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1687  prior to entering into an enforceable contract of purchase and
 1688  sale of any unit or lease of a unit for more than 5 years and
 1689  shall furnish a copy of the prospectus or offering circular to
 1690  each buyer. In addition to the prospectus or offering circular,
 1691  each buyer shall be furnished a separate page entitled
 1692  “Frequently Asked Questions and Answers,” which shall be in
 1693  accordance with a format approved by the division and a copy of
 1694  the financial information required by s. 718.111. This page
 1695  shall, in readable language, inform prospective purchasers
 1696  regarding their voting rights and unit use restrictions,
 1697  including restrictions on the leasing of a unit; shall indicate
 1698  whether and in what amount the unit owners or the association is
 1699  obligated to pay rent or land use fees for recreational or other
 1700  commonly used facilities; shall contain a statement identifying
 1701  that amount of assessment which, pursuant to the budget, would
 1702  be levied upon each unit type, exclusive of any special
 1703  assessments, and which shall further identify the basis upon
 1704  which assessments are levied, whether monthly, quarterly, or
 1705  otherwise; shall state and identify any court cases in which the
 1706  association is currently a party of record in which the
 1707  association may face liability in excess of $100,000; and which
 1708  shall further state whether membership in a recreational
 1709  facilities association is mandatory, and if so, shall identify
 1710  the fees currently charged per unit type. The division shall by
 1711  rule require such other disclosure as in its judgment will
 1712  assist prospective purchasers. The prospectus or offering
 1713  circular may include more than one condominium, although not all
 1714  such units are being offered for sale as of the date of the
 1715  prospectus or offering circular. The prospectus or offering
 1716  circular must contain the following information:
 1717         (24) Copies of the following, to the extent they are
 1718  applicable, shall be included as exhibits:
 1719         (f) The estimated operating budget for the condominium, and
 1720  the required schedule of unit owners’ expenses, and the
 1721  association’s most recent structural integrity reserve study or
 1722  a statement that the association has not completed a structural
 1723  integrity reserve study.
 1724         (q)A copy of the inspector-prepared summary of the
 1725  milestone inspection report as described in ss. 553.899 and
 1726  718.301(4)(p), as applicable.
 1727         Section 13. Subsections (24) through (28) of section
 1728  719.103, Florida Statutes, are renumbered as subsections (25)
 1729  through (29), respectively, and a new subsection (24) is added
 1730  to that section, to read:
 1731         719.103 Definitions.—As used in this chapter:
 1732         (24)“Structural integrity reserve study” means a study of
 1733  the reserve funds required for future major repairs and
 1734  replacement of the common areas based on a visual inspection of
 1735  the common areas. A structural integrity reserve study may be
 1736  performed by any person qualified to perform such study.
 1737  However, the visual inspection portion of the structural
 1738  integrity reserve study must be performed by an engineer
 1739  licensed under chapter 471 or an architect licensed under
 1740  chapter 481. At a minimum, a structural integrity reserve study
 1741  must identify the common areas being visually inspected, state
 1742  the estimated remaining useful life and the estimated
 1743  replacement cost or deferred maintenance expense of the common
 1744  areas being visually inspected, and provide a recommended annual
 1745  reserve amount that achieves the estimated replacement cost or
 1746  deferred maintenance expense of each common area being visually
 1747  inspected by the end of the estimated remaining useful life of
 1748  each common area.
 1749         Section 14. Paragraphs (a) and (c) of subsection (2) of
 1750  section 719.104, Florida Statutes, are amended to read:
 1751         719.104 Cooperatives; access to units; records; financial
 1752  reports; assessments; purchase of leases.—
 1753         (2) OFFICIAL RECORDS.—
 1754         (a) From the inception of the association, the association
 1755  shall maintain a copy of each of the following, where
 1756  applicable, which shall constitute the official records of the
 1757  association:
 1758         1. The plans, permits, warranties, and other items provided
 1759  by the developer pursuant to s. 719.301(4).
 1760         2. A photocopy of the cooperative documents.
 1761         3. A copy of the current rules of the association.
 1762         4. A book or books containing the minutes of all meetings
 1763  of the association, of the board of directors, and of the unit
 1764  owners.
 1765         5. A current roster of all unit owners and their mailing
 1766  addresses, unit identifications, voting certifications, and, if
 1767  known, telephone numbers. The association shall also maintain
 1768  the e-mail addresses and the numbers designated by unit owners
 1769  for receiving notice sent by electronic transmission of those
 1770  unit owners consenting to receive notice by electronic
 1771  transmission. The e-mail addresses and numbers provided by unit
 1772  owners to receive notice by electronic transmission shall be
 1773  removed from association records when consent to receive notice
 1774  by electronic transmission is revoked. However, the association
 1775  is not liable for an erroneous disclosure of the e-mail address
 1776  or the number for receiving electronic transmission of notices.
 1777         6. All current insurance policies of the association.
 1778         7. A current copy of any management agreement, lease, or
 1779  other contract to which the association is a party or under
 1780  which the association or the unit owners have an obligation or
 1781  responsibility.
 1782         8. Bills of sale or transfer for all property owned by the
 1783  association.
 1784         9. Accounting records for the association and separate
 1785  accounting records for each unit it operates, according to good
 1786  accounting practices. The accounting records shall include, but
 1787  not be limited to:
 1788         a. Accurate, itemized, and detailed records of all receipts
 1789  and expenditures.
 1790         b. A current account and a monthly, bimonthly, or quarterly
 1791  statement of the account for each unit designating the name of
 1792  the unit owner, the due date and amount of each assessment, the
 1793  amount paid upon the account, and the balance due.
 1794         c. All audits, reviews, accounting statements, structural
 1795  integrity reserve studies, and financial reports of the
 1796  association. Structural integrity reserve studies must be
 1797  maintained for at least 15 years after the study is completed.
 1798         d. All contracts for work to be performed. Bids for work to
 1799  be performed shall also be considered official records and shall
 1800  be maintained for a period of 1 year.
 1801         10. Ballots, sign-in sheets, voting proxies, and all other
 1802  papers and electronic records relating to voting by unit owners,
 1803  which shall be maintained for a period of 1 year after the date
 1804  of the election, vote, or meeting to which the document relates.
 1805         11. All rental records where the association is acting as
 1806  agent for the rental of units.
 1807         12. A copy of the current question and answer sheet as
 1808  described in s. 719.504.
 1809         13. All affirmative acknowledgments made pursuant to s.
 1810  719.108(3)(b)3.
 1811         14. A copy of the inspection reports described in ss.
 1812  553.899 and 719.301(4)(p) and any other inspection report
 1813  relating to a structural or life safety inspection of the
 1814  cooperative property. Such record must be maintained by the
 1815  association for 15 years after receipt of the report.
 1816         15. All other written records of the association not
 1817  specifically included in the foregoing which are related to the
 1818  operation of the association.
 1819         (c) The official records of the association are open to
 1820  inspection by any association member or the authorized
 1821  representative of such member at all reasonable times. The right
 1822  to inspect the records includes the right to make or obtain
 1823  copies, at the reasonable expense, if any, of the association
 1824  member. A renter of a unit has a right to inspect and copy only
 1825  the association’s bylaws and rules and the inspection reports
 1826  described in ss. 553.899 and 719.301(4)(p). The association may
 1827  adopt reasonable rules regarding the frequency, time, location,
 1828  notice, and manner of record inspections and copying, but may
 1829  not require a member to demonstrate any purpose or state any
 1830  reason for the inspection. The failure of an association to
 1831  provide the records within 10 working days after receipt of a
 1832  written request creates a rebuttable presumption that the
 1833  association willfully failed to comply with this paragraph. A
 1834  member who is denied access to official records is entitled to
 1835  the actual damages or minimum damages for the association’s
 1836  willful failure to comply. The minimum damages are $50 per
 1837  calendar day for up to 10 days, beginning on the 11th working
 1838  day after receipt of the written request. The failure to permit
 1839  inspection entitles any person prevailing in an enforcement
 1840  action to recover reasonable attorney fees from the person in
 1841  control of the records who, directly or indirectly, knowingly
 1842  denied access to the records. Any person who knowingly or
 1843  intentionally defaces or destroys accounting records that are
 1844  required by this chapter to be maintained during the period for
 1845  which such records are required to be maintained, or who
 1846  knowingly or intentionally fails to create or maintain
 1847  accounting records that are required to be created or
 1848  maintained, with the intent of causing harm to the association
 1849  or one or more of its members, is personally subject to a civil
 1850  penalty under s. 719.501(1)(d). The association shall maintain
 1851  an adequate number of copies of the declaration, articles of
 1852  incorporation, bylaws, and rules, and all amendments to each of
 1853  the foregoing, as well as the question and answer sheet as
 1854  described in s. 719.504 and year-end financial information
 1855  required by the department, on the cooperative property to
 1856  ensure their availability to members and prospective purchasers,
 1857  and may charge its actual costs for preparing and furnishing
 1858  these documents to those requesting the same. An association
 1859  shall allow a member or his or her authorized representative to
 1860  use a portable device, including a smartphone, tablet, portable
 1861  scanner, or any other technology capable of scanning or taking
 1862  photographs, to make an electronic copy of the official records
 1863  in lieu of the association providing the member or his or her
 1864  authorized representative with a copy of such records. The
 1865  association may not charge a member or his or her authorized
 1866  representative for the use of a portable device. Notwithstanding
 1867  this paragraph, the following records shall not be accessible to
 1868  members:
 1869         1. Any record protected by the lawyer-client privilege as
 1870  described in s. 90.502 and any record protected by the work
 1871  product privilege, including any record prepared by an
 1872  association attorney or prepared at the attorney’s express
 1873  direction which reflects a mental impression, conclusion,
 1874  litigation strategy, or legal theory of the attorney or the
 1875  association, and which was prepared exclusively for civil or
 1876  criminal litigation or for adversarial administrative
 1877  proceedings, or which was prepared in anticipation of such
 1878  litigation or proceedings until the conclusion of the litigation
 1879  or proceedings.
 1880         2. Information obtained by an association in connection
 1881  with the approval of the lease, sale, or other transfer of a
 1882  unit.
 1883         3. Personnel records of association or management company
 1884  employees, including, but not limited to, disciplinary, payroll,
 1885  health, and insurance records. For purposes of this
 1886  subparagraph, the term “personnel records” does not include
 1887  written employment agreements with an association employee or
 1888  management company, or budgetary or financial records that
 1889  indicate the compensation paid to an association employee.
 1890         4. Medical records of unit owners.
 1891         5. Social security numbers, driver license numbers, credit
 1892  card numbers, e-mail addresses, telephone numbers, facsimile
 1893  numbers, emergency contact information, addresses of a unit
 1894  owner other than as provided to fulfill the association’s notice
 1895  requirements, and other personal identifying information of any
 1896  person, excluding the person’s name, unit designation, mailing
 1897  address, property address, and any address, e-mail address, or
 1898  facsimile number provided to the association to fulfill the
 1899  association’s notice requirements. Notwithstanding the
 1900  restrictions in this subparagraph, an association may print and
 1901  distribute to unit owners a directory containing the name, unit
 1902  address, and all telephone numbers of each unit owner. However,
 1903  an owner may exclude his or her telephone numbers from the
 1904  directory by so requesting in writing to the association. An
 1905  owner may consent in writing to the disclosure of other contact
 1906  information described in this subparagraph. The association is
 1907  not liable for the inadvertent disclosure of information that is
 1908  protected under this subparagraph if the information is included
 1909  in an official record of the association and is voluntarily
 1910  provided by an owner and not requested by the association.
 1911         6. Electronic security measures that are used by the
 1912  association to safeguard data, including passwords.
 1913         7. The software and operating system used by the
 1914  association which allow the manipulation of data, even if the
 1915  owner owns a copy of the same software used by the association.
 1916  The data is part of the official records of the association.
 1917         8. All affirmative acknowledgments made pursuant to s.
 1918  719.108(3)(b)3.
 1919         Section 15. Paragraphs (k) through (m) of subsection (1) of
 1920  section 719.106, Florida Statutes, are redesignated as
 1921  paragraphs (m) through (o), respectively, paragraph (j) of
 1922  subsection (1) is amended, and new paragraphs (k) and (l) are
 1923  added to subsection (1) of that section, to read:
 1924         719.106 Bylaws; cooperative ownership.—
 1925         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1926  documents shall provide for the following, and if they do not,
 1927  they shall be deemed to include the following:
 1928         (j) Annual budget.—
 1929         1. The proposed annual budget of common expenses must shall
 1930  be detailed and must shall show the amounts budgeted by accounts
 1931  and expense classifications, including, if applicable, but not
 1932  limited to, those expenses listed in s. 719.504(20). The board
 1933  of administration shall adopt the annual budget at least 14 days
 1934  before prior to the start of the association’s fiscal year. In
 1935  the event that the board fails to timely adopt the annual budget
 1936  a second time, it is shall be deemed a minor violation and the
 1937  prior year’s budget shall continue in effect until a new budget
 1938  is adopted.
 1939         2. In addition to annual operating expenses, the budget
 1940  must shall include reserve accounts for capital expenditures and
 1941  deferred maintenance. These accounts must shall include, but not
 1942  be limited to, roof replacement, building painting, and pavement
 1943  resurfacing, regardless of the amount of deferred maintenance
 1944  expense or replacement cost, and for any other items for which
 1945  the deferred maintenance expense or replacement cost exceeds
 1946  $10,000. The amount to be reserved for an item is determined by
 1947  the association’s most recent structural integrity reserve study
 1948  that must be completed by December 31, 2024. If the amount to be
 1949  reserved for an item is not in the association’s initial or most
 1950  recent structural integrity reserve study or the association has
 1951  not completed a structural integrity reserve study, the amount
 1952  must shall be computed by means of a formula which is based upon
 1953  estimated remaining useful life and estimated replacement cost
 1954  or deferred maintenance expense of the each reserve item. The
 1955  association may adjust replacement reserve assessments annually
 1956  to take into account any changes in estimates or extension of
 1957  the useful life of a reserve item caused by deferred
 1958  maintenance. This paragraph shall not apply to any budget in
 1959  which The members of a unit-owner controlled an association may
 1960  determine have, at a duly called meeting of the association,
 1961  determined for a fiscal year to provide no reserves or reserves
 1962  less adequate than required by this subsection. Before turnover
 1963  of control of an association by a developer to unit owners other
 1964  than a developer under s. 719.301, the developer-controlled
 1965  association may not vote to waive the reserves or reduce funding
 1966  of the reserves. Effective December 31, 2024, a unit-owner
 1967  controlled association may not determine to provide no reserves
 1968  or reserves less adequate than required by this paragraph for
 1969  items listed in paragraph (k) However, prior to turnover of
 1970  control of an association by a developer to unit owners other
 1971  than a developer pursuant to s. 719.301, the developer may vote
 1972  to waive the reserves or reduce the funding of reserves for the
 1973  first 2 years of the operation of the association after which
 1974  time reserves may only be waived or reduced upon the vote of a
 1975  majority of all nondeveloper voting interests voting in person
 1976  or by limited proxy at a duly called meeting of the association.
 1977  If a meeting of the unit owners has been called to determine to
 1978  provide no reserves, or reserves less adequate than required,
 1979  and such result is not attained or a quorum is not attained, the
 1980  reserves as included in the budget shall go into effect.
 1981         3. Reserve funds and any interest accruing thereon shall
 1982  remain in the reserve account or accounts, and shall be used
 1983  only for authorized reserve expenditures unless their use for
 1984  other purposes is approved in advance by a vote of the majority
 1985  of the voting interests, voting in person or by limited proxy at
 1986  a duly called meeting of the association. Before Prior to
 1987  turnover of control of an association by a developer to unit
 1988  owners other than the developer under s. 719.301, the developer
 1989  may not vote to use reserves for purposes other than that for
 1990  which they were intended without the approval of a majority of
 1991  all nondeveloper voting interests, voting in person or by
 1992  limited proxy at a duly called meeting of the association.
 1993  Effective December 31, 2024, members of a unit-owner controlled
 1994  association may not vote to use reserve funds, or any interest
 1995  accruing thereon, that are reserved for items listed in
 1996  paragraph (k) for purposes other than their intended purpose.
 1997         (k)Structural integrity reserve study.
 1998         1.An association must have a structural integrity reserve
 1999  study completed at least every 10 years for each building on the
 2000  cooperative property that is three stories or higher in height
 2001  that includes, at a minimum, a study of the following items as
 2002  related to the structural integrity and safety of the building:
 2003         a.Roof.
 2004         b.Load-bearing walls or other primary structural members.
 2005         c.Floor.
 2006         d.Foundation.
 2007         e.Fireproofing and fire protection systems.
 2008         f.Plumbing.
 2009         g.Electrical systems.
 2010         h.Waterproofing and exterior painting.
 2011         i.Windows.
 2012         j.Any other item that has a deferred maintenance expense
 2013  or replacement cost that exceeds $10,000 and the failure to
 2014  replace or maintain such item negatively affects the items
 2015  listed in subparagraphs a.-i., as determined by the licensed
 2016  engineer or architect performing the visual inspection portion
 2017  of the structural integrity reserve study.
 2018         2.Before a developer turns over control of an association
 2019  to unit owners other than the developer, the developer must have
 2020  a structural integrity reserve study completed for each building
 2021  on the cooperative property that is three stories or higher in
 2022  height.
 2023         3.Associations existing on or before July 1, 2022, which
 2024  are controlled by unit owners other than the developer, must
 2025  have a structural integrity reserve study completed by December
 2026  31, 2024, for each building on the cooperative property that is
 2027  three stories or higher in height.
 2028         4.If an association fails to complete a structural
 2029  integrity reserve study pursuant to this paragraph, such failure
 2030  is a breach of an officer’s and director’s fiduciary
 2031  relationship to the unit owners under s. 719.104(8).
 2032         (l)Mandatory milestone inspections.—If an association is
 2033  required to have a milestone inspection performed pursuant to s.
 2034  553.899, the association must arrange for the milestone
 2035  inspection to be performed and is responsible for ensuring
 2036  compliance with the requirements of s. 553.899. The association
 2037  is responsible for all costs associated with the inspection. If
 2038  the officers or directors of an association willfully and
 2039  knowingly fail to have a milestone inspection performed pursuant
 2040  to s. 553.899, such failure is a breach of the officers’ and
 2041  directors’ fiduciary relationship to the unit owners under s.
 2042  719.104(8)(a). Upon completion of a phase one or phase two
 2043  milestone inspection and receipt of the inspector-prepared
 2044  summary of the inspection report from the architect or engineer
 2045  who performed the inspection, the association must distribute a
 2046  copy of the inspector-prepared summary of the inspection report
 2047  to each unit owner, regardless of the findings or
 2048  recommendations in the report, by United States mail or personal
 2049  delivery and by electronic transmission to unit owners who
 2050  previously consented to receive notice by electronic
 2051  transmission; must post a copy of the inspector-prepared summary
 2052  in a conspicuous place on the cooperative property; and must
 2053  publish the full report and inspector-prepared summary on the
 2054  association’s website, if the association is required to have a
 2055  website.
 2056         Section 16. Paragraphs (p) and (q) are added to subsection
 2057  (4) of section 719.301, Florida Statutes, to read:
 2058         719.301 Transfer of association control.—
 2059         (4) When unit owners other than the developer elect a
 2060  majority of the members of the board of administration of an
 2061  association, the developer shall relinquish control of the
 2062  association, and the unit owners shall accept control.
 2063  Simultaneously, or for the purpose of paragraph (c) not more
 2064  than 90 days thereafter, the developer shall deliver to the
 2065  association, at the developer’s expense, all property of the
 2066  unit owners and of the association held or controlled by the
 2067  developer, including, but not limited to, the following items,
 2068  if applicable, as to each cooperative operated by the
 2069  association:
 2070         (p)Notwithstanding when the certificate of occupancy was
 2071  issued or the height of the building, a milestone inspection
 2072  report in compliance with s. 553.899 included in the official
 2073  records, under seal of an architect or engineer authorized to
 2074  practice in this state, attesting to required maintenance,
 2075  condition, useful life, and replacement costs of the following
 2076  applicable cooperative property comprising a turnover inspection
 2077  report:
 2078         1.Roof.
 2079         2.Structure, including load-bearing walls and primary
 2080  structural members and primary structural systems as those terms
 2081  are defined in s. 627.706.
 2082         3.Fireproofing and fire protection systems.
 2083         4.Elevators.
 2084         5.Heating and cooling systems.
 2085         6.Plumbing.
 2086         7.Electrical systems.
 2087         8.Swimming pool or spa and equipment.
 2088         9.Seawalls.
 2089         10.Pavement and parking areas.
 2090         11.Drainage systems.
 2091         12.Painting.
 2092         13.Irrigation systems.
 2093         14.Waterproofing.
 2094         (q)A copy of the association’s most recent structural
 2095  integrity reserve study.
 2096         Section 17. Subsection (1) of section 719.501, Florida
 2097  Statutes, is amended, and subsection (3) is added to that
 2098  section, to read:
 2099         719.501 Powers and duties of Division of Florida
 2100  Condominiums, Timeshares, and Mobile Homes.—
 2101         (1) The Division of Florida Condominiums, Timeshares, and
 2102  Mobile Homes of the Department of Business and Professional
 2103  Regulation, referred to as the “division” in this part, in
 2104  addition to other powers and duties prescribed by chapter 718,
 2105  has the power to enforce and ensure compliance with this chapter
 2106  and adopted rules relating to the development, construction,
 2107  sale, lease, ownership, operation, and management of residential
 2108  cooperative units, complaints related to the procedural
 2109  completion of the structural integrity reserve studies under s.
 2110  719.106(1)(k), and complaints related to the procedural
 2111  completion of milestone inspections under s. 553.899. In
 2112  performing its duties, the division shall have the following
 2113  powers and duties:
 2114         (a) The division may make necessary public or private
 2115  investigations within or outside this state to determine whether
 2116  any person has violated this chapter or any rule or order
 2117  hereunder, to aid in the enforcement of this chapter, or to aid
 2118  in the adoption of rules or forms hereunder.
 2119         (b) The division may require or permit any person to file a
 2120  statement in writing, under oath or otherwise, as the division
 2121  determines, as to the facts and circumstances concerning a
 2122  matter to be investigated.
 2123         (c) For the purpose of any investigation under this
 2124  chapter, the division director or any officer or employee
 2125  designated by the division director may administer oaths or
 2126  affirmations, subpoena witnesses and compel their attendance,
 2127  take evidence, and require the production of any matter which is
 2128  relevant to the investigation, including the existence,
 2129  description, nature, custody, condition, and location of any
 2130  books, documents, or other tangible things and the identity and
 2131  location of persons having knowledge of relevant facts or any
 2132  other matter reasonably calculated to lead to the discovery of
 2133  material evidence. Upon failure by a person to obey a subpoena
 2134  or to answer questions propounded by the investigating officer
 2135  and upon reasonable notice to all persons affected thereby, the
 2136  division may apply to the circuit court for an order compelling
 2137  compliance.
 2138         (d) Notwithstanding any remedies available to unit owners
 2139  and associations, if the division has reasonable cause to
 2140  believe that a violation of any provision of this chapter or
 2141  related rule has occurred, the division may institute
 2142  enforcement proceedings in its own name against a developer,
 2143  association, officer, or member of the board, or its assignees
 2144  or agents, as follows:
 2145         1. The division may permit a person whose conduct or
 2146  actions may be under investigation to waive formal proceedings
 2147  and enter into a consent proceeding whereby orders, rules, or
 2148  letters of censure or warning, whether formal or informal, may
 2149  be entered against the person.
 2150         2. The division may issue an order requiring the developer,
 2151  association, officer, or member of the board, or its assignees
 2152  or agents, to cease and desist from the unlawful practice and
 2153  take such affirmative action as in the judgment of the division
 2154  will carry out the purposes of this chapter. Such affirmative
 2155  action may include, but is not limited to, an order requiring a
 2156  developer to pay moneys determined to be owed to a condominium
 2157  association.
 2158         3. The division may bring an action in circuit court on
 2159  behalf of a class of unit owners, lessees, or purchasers for
 2160  declaratory relief, injunctive relief, or restitution.
 2161         4. The division may impose a civil penalty against a
 2162  developer or association, or its assignees or agents, for any
 2163  violation of this chapter or related rule. The division may
 2164  impose a civil penalty individually against any officer or board
 2165  member who willfully and knowingly violates a provision of this
 2166  chapter, a rule adopted pursuant to this chapter, or a final
 2167  order of the division. The term “willfully and knowingly” means
 2168  that the division informed the officer or board member that his
 2169  or her action or intended action violates this chapter, a rule
 2170  adopted under this chapter, or a final order of the division,
 2171  and that the officer or board member refused to comply with the
 2172  requirements of this chapter, a rule adopted under this chapter,
 2173  or a final order of the division. The division, prior to
 2174  initiating formal agency action under chapter 120, shall afford
 2175  the officer or board member an opportunity to voluntarily comply
 2176  with this chapter, a rule adopted under this chapter, or a final
 2177  order of the division. An officer or board member who complies
 2178  within 10 days is not subject to a civil penalty. A penalty may
 2179  be imposed on the basis of each day of continuing violation, but
 2180  in no event shall the penalty for any offense exceed $5,000. By
 2181  January 1, 1998, the division shall adopt, by rule, penalty
 2182  guidelines applicable to possible violations or to categories of
 2183  violations of this chapter or rules adopted by the division. The
 2184  guidelines must specify a meaningful range of civil penalties
 2185  for each such violation of the statute and rules and must be
 2186  based upon the harm caused by the violation, the repetition of
 2187  the violation, and upon such other factors deemed relevant by
 2188  the division. For example, the division may consider whether the
 2189  violations were committed by a developer or owner-controlled
 2190  association, the size of the association, and other factors. The
 2191  guidelines must designate the possible mitigating or aggravating
 2192  circumstances that justify a departure from the range of
 2193  penalties provided by the rules. It is the legislative intent
 2194  that minor violations be distinguished from those which endanger
 2195  the health, safety, or welfare of the cooperative residents or
 2196  other persons and that such guidelines provide reasonable and
 2197  meaningful notice to the public of likely penalties that may be
 2198  imposed for proscribed conduct. This subsection does not limit
 2199  the ability of the division to informally dispose of
 2200  administrative actions or complaints by stipulation, agreed
 2201  settlement, or consent order. All amounts collected shall be
 2202  deposited with the Chief Financial Officer to the credit of the
 2203  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2204  Trust Fund. If a developer fails to pay the civil penalty, the
 2205  division shall thereupon issue an order directing that such
 2206  developer cease and desist from further operation until such
 2207  time as the civil penalty is paid or may pursue enforcement of
 2208  the penalty in a court of competent jurisdiction. If an
 2209  association fails to pay the civil penalty, the division shall
 2210  thereupon pursue enforcement in a court of competent
 2211  jurisdiction, and the order imposing the civil penalty or the
 2212  cease and desist order shall not become effective until 20 days
 2213  after the date of such order. Any action commenced by the
 2214  division shall be brought in the county in which the division
 2215  has its executive offices or in the county where the violation
 2216  occurred.
 2217         (e) The division may prepare and disseminate a prospectus
 2218  and other information to assist prospective owners, purchasers,
 2219  lessees, and developers of residential cooperatives in assessing
 2220  the rights, privileges, and duties pertaining thereto.
 2221         (f) The division has authority to adopt rules pursuant to
 2222  ss. 120.536(1) and 120.54 to implement and enforce the
 2223  provisions of this chapter.
 2224         (g) The division shall establish procedures for providing
 2225  notice to an association when the division is considering the
 2226  issuance of a declaratory statement with respect to the
 2227  cooperative documents governing such cooperative community.
 2228         (h) The division shall furnish each association which pays
 2229  the fees required by paragraph (2)(a) a copy of this act,
 2230  subsequent changes to this act on an annual basis, an amended
 2231  version of this act as it becomes available from the Secretary
 2232  of State’s office on a biennial basis, and the rules adopted
 2233  thereto on an annual basis.
 2234         (i) The division shall annually provide each association
 2235  with a summary of declaratory statements and formal legal
 2236  opinions relating to the operations of cooperatives which were
 2237  rendered by the division during the previous year.
 2238         (j) The division shall adopt uniform accounting principles,
 2239  policies, and standards to be used by all associations in the
 2240  preparation and presentation of all financial statements
 2241  required by this chapter. The principles, policies, and
 2242  standards shall take into consideration the size of the
 2243  association and the total revenue collected by the association.
 2244         (k) The division shall provide training and educational
 2245  programs for cooperative association board members and unit
 2246  owners. The training may, in the division’s discretion, include
 2247  web-based electronic media, and live training and seminars in
 2248  various locations throughout the state. The division may review
 2249  and approve education and training programs for board members
 2250  and unit owners offered by providers and shall maintain a
 2251  current list of approved programs and providers and make such
 2252  list available to board members and unit owners in a reasonable
 2253  and cost-effective manner.
 2254         (l) The division shall maintain a toll-free telephone
 2255  number accessible to cooperative unit owners.
 2256         (m) When a complaint is made to the division, the division
 2257  shall conduct its inquiry with reasonable dispatch and with due
 2258  regard to the interests of the affected parties. Within 30 days
 2259  after receipt of a complaint, the division shall acknowledge the
 2260  complaint in writing and notify the complainant whether the
 2261  complaint is within the jurisdiction of the division and whether
 2262  additional information is needed by the division from the
 2263  complainant. The division shall conduct its investigation and
 2264  shall, within 90 days after receipt of the original complaint or
 2265  timely requested additional information, take action upon the
 2266  complaint. However, the failure to complete the investigation
 2267  within 90 days does not prevent the division from continuing the
 2268  investigation, accepting or considering evidence obtained or
 2269  received after 90 days, or taking administrative action if
 2270  reasonable cause exists to believe that a violation of this
 2271  chapter or a rule of the division has occurred. If an
 2272  investigation is not completed within the time limits
 2273  established in this paragraph, the division shall, on a monthly
 2274  basis, notify the complainant in writing of the status of the
 2275  investigation. When reporting its action to the complainant, the
 2276  division shall inform the complainant of any right to a hearing
 2277  pursuant to ss. 120.569 and 120.57.
 2278         (n) The division shall develop a program to certify both
 2279  volunteer and paid mediators to provide mediation of cooperative
 2280  disputes. The division shall provide, upon request, a list of
 2281  such mediators to any association, unit owner, or other
 2282  participant in arbitration proceedings under s. 718.1255
 2283  requesting a copy of the list. The division shall include on the
 2284  list of voluntary mediators only persons who have received at
 2285  least 20 hours of training in mediation techniques or have
 2286  mediated at least 20 disputes. In order to become initially
 2287  certified by the division, paid mediators must be certified by
 2288  the Supreme Court to mediate court cases in county or circuit
 2289  courts. However, the division may adopt, by rule, additional
 2290  factors for the certification of paid mediators, which factors
 2291  must be related to experience, education, or background. Any
 2292  person initially certified as a paid mediator by the division
 2293  must, in order to continue to be certified, comply with the
 2294  factors or requirements imposed by rules adopted by the
 2295  division.
 2296         (3)(a)On or before January 1, 2023, cooperative
 2297  associations existing on or before July 1, 2022, must provide
 2298  the following information to the division in writing, by e-mail,
 2299  United States Postal Service, commercial delivery service, or
 2300  hand delivery, at a physical address or e-mail address provided
 2301  by the division and on a form posted on the division’s website:
 2302         1.The number of buildings on the cooperative property that
 2303  are three stories or higher in height.
 2304         2.The total number of units in all such buildings.
 2305         3.The addresses of all such buildings.
 2306         4.The counties in which all such buildings are located.
 2307         (b)The division must compile a list of the number of
 2308  buildings on cooperative property that are three stories or
 2309  higher in height, which is searchable by county, and must post
 2310  the list on the division’s website. This list must include all
 2311  of the following information:
 2312         1.The name of each association with buildings on the
 2313  cooperative property that are three stories or higher in height.
 2314         2.The number of such buildings on each association’s
 2315  property.
 2316         3.The addresses of all such buildings.
 2317         4.The counties in which all such buildings are located.
 2318         (c)An association must provide an update in writing to the
 2319  division if there are any changes to the information in the list
 2320  under paragraph (b) within 6 months after the change.
 2321         Section 18. Paragraph (b) of subsection (1) and paragraph
 2322  (a) of subsection (2) of section 719.503, Florida Statutes, are
 2323  amended to read:
 2324         719.503 Disclosure prior to sale.—
 2325         (1) DEVELOPER DISCLOSURE.—
 2326         (b) Copies of documents to be furnished to prospective
 2327  buyer or lessee.—Until such time as the developer has furnished
 2328  the documents listed below to a person who has entered into a
 2329  contract to purchase a unit or lease it for more than 5 years,
 2330  the contract may be voided by that person, entitling the person
 2331  to a refund of any deposit together with interest thereon as
 2332  provided in s. 719.202. The contract may be terminated by
 2333  written notice from the proposed buyer or lessee delivered to
 2334  the developer within 15 days after the buyer or lessee receives
 2335  all of the documents required by this section. The developer may
 2336  shall not close for 15 days after following the execution of the
 2337  agreement and delivery of the documents to the buyer as
 2338  evidenced by a receipt for documents signed by the buyer unless
 2339  the buyer is informed in the 15-day voidability period and
 2340  agrees to close before prior to the expiration of the 15 days.
 2341  The developer shall retain in his or her records a separate
 2342  signed agreement as proof of the buyer’s agreement to close
 2343  before prior to the expiration of the said voidability period.
 2344  The developer must retain such Said proof shall be retained for
 2345  a period of 5 years after the date of the closing transaction.
 2346  The documents to be delivered to the prospective buyer are the
 2347  prospectus or disclosure statement with all exhibits, if the
 2348  development is subject to the provisions of s. 719.504, or, if
 2349  not, then copies of the following which are applicable:
 2350         1. The question and answer sheet described in s. 719.504,
 2351  and cooperative documents, or the proposed cooperative documents
 2352  if the documents have not been recorded, which shall include the
 2353  certificate of a surveyor approximately representing the
 2354  locations required by s. 719.104.
 2355         2. The documents creating the association.
 2356         3. The bylaws.
 2357         4. The ground lease or other underlying lease of the
 2358  cooperative.
 2359         5. The management contract, maintenance contract, and other
 2360  contracts for management of the association and operation of the
 2361  cooperative and facilities used by the unit owners having a
 2362  service term in excess of 1 year, and any management contracts
 2363  that are renewable.
 2364         6. The estimated operating budget for the cooperative and a
 2365  schedule of expenses for each type of unit, including fees
 2366  assessed to a shareholder who has exclusive use of limited
 2367  common areas, where such costs are shared only by those entitled
 2368  to use such limited common areas.
 2369         7. The lease of recreational and other facilities that will
 2370  be used only by unit owners of the subject cooperative.
 2371         8. The lease of recreational and other common areas that
 2372  will be used by unit owners in common with unit owners of other
 2373  cooperatives.
 2374         9. The form of unit lease if the offer is of a leasehold.
 2375         10. Any declaration of servitude of properties serving the
 2376  cooperative but not owned by unit owners or leased to them or
 2377  the association.
 2378         11. If the development is to be built in phases or if the
 2379  association is to manage more than one cooperative, a
 2380  description of the plan of phase development or the arrangements
 2381  for the association to manage two or more cooperatives.
 2382         12. If the cooperative is a conversion of existing
 2383  improvements, the statements and disclosure required by s.
 2384  719.616.
 2385         13. The form of agreement for sale or lease of units.
 2386         14. A copy of the floor plan of the unit and the plot plan
 2387  showing the location of the residential buildings and the
 2388  recreation and other common areas.
 2389         15. A copy of all covenants and restrictions that which
 2390  will affect the use of the property and which are not contained
 2391  in the foregoing.
 2392         16. If the developer is required by state or local
 2393  authorities to obtain acceptance or approval of any dock or
 2394  marina facilities intended to serve the cooperative, a copy of
 2395  any such acceptance or approval acquired by the time of filing
 2396  with the division pursuant to s. 719.502(1) or a statement that
 2397  such acceptance or approval has not been acquired or received.
 2398         17. Evidence demonstrating that the developer has an
 2399  ownership, leasehold, or contractual interest in the land upon
 2400  which the cooperative is to be developed.
 2401         18.A copy of the inspector-prepared summary of the
 2402  milestone inspection report as described in ss. 553.899 and
 2403  719.301(4)(p), if applicable.
 2404         19.A copy of the association’s most recent structural
 2405  integrity reserve study or a statement that the association has
 2406  not completed a structural integrity reserve study.
 2407         (2) NONDEVELOPER DISCLOSURE.—
 2408         (a) Each unit owner who is not a developer as defined by
 2409  this chapter must comply with the provisions of this subsection
 2410  before prior to the sale of his or her interest in the
 2411  association. Each prospective purchaser who has entered into a
 2412  contract for the purchase of an interest in a cooperative is
 2413  entitled, at the seller’s expense, to a current copy of all of
 2414  the following:
 2415         1. The articles of incorporation of the association.,
 2416         2. The bylaws, and rules of the association.
 2417         3.,as well as A copy of the question and answer sheet as
 2418  provided in s. 719.504.
 2419         4.A copy of the inspector-prepared summary of the
 2420  milestone inspection report as described in ss. 553.899 and
 2421  719.301(4)(p), if applicable.
 2422         5.A copy of the association’s most recent structural
 2423  integrity reserve study or a statement that the association has
 2424  not completed a structural integrity reserve study.
 2425         Section 19. Paragraphs (q) and (r) are added to subsection
 2426  (23) of section 719.504, Florida Statutes, to read:
 2427         719.504 Prospectus or offering circular.—Every developer of
 2428  a residential cooperative which contains more than 20
 2429  residential units, or which is part of a group of residential
 2430  cooperatives which will be served by property to be used in
 2431  common by unit owners of more than 20 residential units, shall
 2432  prepare a prospectus or offering circular and file it with the
 2433  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2434  prior to entering into an enforceable contract of purchase and
 2435  sale of any unit or lease of a unit for more than 5 years and
 2436  shall furnish a copy of the prospectus or offering circular to
 2437  each buyer. In addition to the prospectus or offering circular,
 2438  each buyer shall be furnished a separate page entitled
 2439  “Frequently Asked Questions and Answers,” which must be in
 2440  accordance with a format approved by the division. This page
 2441  must, in readable language: inform prospective purchasers
 2442  regarding their voting rights and unit use restrictions,
 2443  including restrictions on the leasing of a unit; indicate
 2444  whether and in what amount the unit owners or the association is
 2445  obligated to pay rent or land use fees for recreational or other
 2446  commonly used facilities; contain a statement identifying that
 2447  amount of assessment which, pursuant to the budget, would be
 2448  levied upon each unit type, exclusive of any special
 2449  assessments, and which identifies the basis upon which
 2450  assessments are levied, whether monthly, quarterly, or
 2451  otherwise; state and identify any court cases in which the
 2452  association is currently a party of record in which the
 2453  association may face liability in excess of $100,000; and state
 2454  whether membership in a recreational facilities association is
 2455  mandatory and, if so, identify the fees currently charged per
 2456  unit type. The division shall by rule require such other
 2457  disclosure as in its judgment will assist prospective
 2458  purchasers. The prospectus or offering circular may include more
 2459  than one cooperative, although not all such units are being
 2460  offered for sale as of the date of the prospectus or offering
 2461  circular. The prospectus or offering circular must contain the
 2462  following information:
 2463         (23) Copies of the following, to the extent they are
 2464  applicable, shall be included as exhibits:
 2465         (q)A copy of the inspector-prepared summary of the
 2466  milestone inspection report as described in ss. 553.899 and
 2467  719.301(4)(p), if applicable.
 2468         (r)The association’s most recent structural integrity
 2469  reserve study or a statement that the association has not
 2470  completed a structural integrity reserve study.
 2471         Section 20. Paragraphs (d) and (k) of subsection (10) of
 2472  section 720.303, Florida Statutes, are amended to read:
 2473         720.303 Association powers and duties; meetings of board;
 2474  official records; budgets; financial reporting; association
 2475  funds; recalls.—
 2476         (10) RECALL OF DIRECTORS.—
 2477         (d) If the board determines not to certify the written
 2478  agreement or written ballots to recall a director or directors
 2479  of the board or does not certify the recall by a vote at a
 2480  meeting, the board shall, within 5 full business days after the
 2481  meeting, file an action with a court of competent jurisdiction
 2482  or file with the department a petition for binding arbitration
 2483  under the applicable procedures in ss. 718.112(2)(l) ss.
 2484  718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
 2485  the purposes of this section, the members who voted at the
 2486  meeting or who executed the agreement in writing shall
 2487  constitute one party under the petition for arbitration or in a
 2488  court action. If the arbitrator or court certifies the recall as
 2489  to any director or directors of the board, the recall will be
 2490  effective upon the final order of the court or the mailing of
 2491  the final order of arbitration to the association. The director
 2492  or directors so recalled shall deliver to the board any and all
 2493  records of the association in their possession within 5 full
 2494  business days after the effective date of the recall.
 2495         (k) A board member who has been recalled may file an action
 2496  with a court of competent jurisdiction or a petition under ss.
 2497  718.112(2)(l) ss. 718.112(2)(j) and 718.1255 and the rules
 2498  adopted challenging the validity of the recall. The petition or
 2499  action must be filed within 60 days after the recall is deemed
 2500  certified. The association and the parcel owner representative
 2501  shall be named as respondents.
 2502         Section 21. Subsection (1) of section 720.311, Florida
 2503  Statutes, is amended to read:
 2504         720.311 Dispute resolution.—
 2505         (1) The Legislature finds that alternative dispute
 2506  resolution has made progress in reducing court dockets and
 2507  trials and in offering a more efficient, cost-effective option
 2508  to litigation. The filing of any petition for arbitration or the
 2509  serving of a demand for presuit mediation as provided for in
 2510  this section shall toll the applicable statute of limitations.
 2511  Any recall dispute filed with the department under s.
 2512  720.303(10) shall be conducted by the department in accordance
 2513  with the provisions of ss. 718.112(2)(l) ss. 718.112(2)(j) and
 2514  718.1255 and the rules adopted by the division. In addition, the
 2515  department shall conduct binding arbitration of election
 2516  disputes between a member and an association in accordance with
 2517  s. 718.1255 and rules adopted by the division. Election disputes
 2518  and recall disputes are not eligible for presuit mediation;
 2519  these disputes must be arbitrated by the department or filed in
 2520  a court of competent jurisdiction. At the conclusion of an
 2521  arbitration proceeding, the department shall charge the parties
 2522  a fee in an amount adequate to cover all costs and expenses
 2523  incurred by the department in conducting the proceeding.
 2524  Initially, the petitioner shall remit a filing fee of at least
 2525  $200 to the department. The fees paid to the department shall
 2526  become a recoverable cost in the arbitration proceeding, and the
 2527  prevailing party in an arbitration proceeding shall recover its
 2528  reasonable costs and attorney fees in an amount found reasonable
 2529  by the arbitrator. The department shall adopt rules to
 2530  effectuate the purposes of this section.
 2531         Section 22. Subsection (6) of section 721.15, Florida
 2532  Statutes, is amended to read:
 2533         721.15 Assessments for common expenses.—
 2534         (6) Notwithstanding any contrary requirements of s.
 2535  718.112(2)(i) s. 718.112(2)(g) or s. 719.106(1)(g), for
 2536  timeshare plans subject to this chapter, assessments against
 2537  purchasers need not be made more frequently than annually.
 2538         Section 23. This act shall take effect upon becoming a law.