CS for CS for SB 154                             First Engrossed
       
       
       
       
       
       
       
       
       2023154e1
       
    1                        A bill to be entitled                      
    2         An act relating to condominium and cooperative
    3         associations; amending s. 468.4334, F.S.; revising the
    4         circumstances under which community association
    5         managers or management firms must comply with a
    6         specified provision; amending s. 553.899, F.S.;
    7         revising legislative findings; revising the definition
    8         of the terms “milestone inspection” and “substantial
    9         structural deterioration”; revising who must have
   10         milestone inspections performed for buildings;
   11         revising the deadline for milestone inspections of
   12         certain buildings; authorizing local enforcement
   13         agencies to make certain determinations relating to
   14         milestone inspections after a building reaches a
   15         specified age; authorizing local enforcement agencies
   16         to extend deadlines for milestone inspections under
   17         certain circumstances; authorizing local enforcement
   18         agencies to accept certain inspection reports under
   19         certain circumstances; deeming the inspections
   20         relating to such inspection reports a milestone
   21         inspection for certain purposes; revising costs that
   22         condominium and cooperative associations are
   23         responsible for; revising requirements relating to
   24         written notice of required inspections; requiring
   25         architects or engineers performing milestone
   26         inspections to submit a specified progress report to a
   27         local enforcement agency within a specified timeframe
   28         under certain circumstances; specifying that
   29         associations must distribute copies of certain
   30         inspection reports within a specified timeframe and in
   31         a specified manner; authorizing municipal governing
   32         bodies to adopt certain ordinances relating to
   33         association repairs; requiring the Florida Building
   34         Commission to adopt rules by a specified date;
   35         providing requirements for such rules; conforming
   36         provisions; amending s. 627.351, F.S.; revising
   37         requirements relating to the purchase of flood
   38         insurance as a condition for maintaining certain
   39         policies issued by the Citizens Property Insurance
   40         Corporation; amending s. 718.103, F.S.; defining the
   41         term “alternative funding method”; revising the
   42         definition of the term “structural integrity reserve
   43         study”; amending s. 718.111, F.S.; making a technical
   44         change; amending s. 718.112, F.S.; revising
   45         requirements relating to budget meetings; revising
   46         condominium association reserve account requirements;
   47         revising requirements relating to waiving reserve
   48         requirements or providing less reserves than required
   49         by law; revising requirements relating to using
   50         reserve funds or interest accrued on reserve funds for
   51         certain purposes; revising requirements for structural
   52         integrity reserve studies and mandatory milestone
   53         inspections; providing applicability; conforming
   54         provisions to changes made by the act; amending s.
   55         718.1255, F.S.; revising the definition of the term
   56         “dispute”; specifying that certain disputes are not
   57         subject to nonbinding arbitration and must be
   58         submitted to presuit mediation; amending s. 718.113,
   59         F.S.; revising requirements relating to maintenance,
   60         repair, and replacement of common elements and
   61         condominium property; amending s. 718.301, F.S.;
   62         revising items that developers are required to deliver
   63         to an association upon relinquishing control of the
   64         association; amending s. 718.503, F.S.; revising the
   65         documents developers are required to provide to
   66         prospective buyers or lessees; revising the documents
   67         that prospective purchasers are entitled to when
   68         purchasing a condominium unit from a unit owner;
   69         requiring specified disclosures relating to milestone
   70         inspections, turnover inspection reports, and
   71         structural integrity reserve studies for certain
   72         contracts entered into after a specified date;
   73         amending s. 718.504, F.S.; revising requirements for
   74         prospectuses and offering circulars; amending s.
   75         719.103, F.S.; revising the definition of the term
   76         “structural integrity reserve study”; amending s.
   77         719.104, F.S.; revising rights relating to the
   78         official records of a cooperative association;
   79         providing maintenance requirements for cooperative
   80         associations; amending s. 719.106, F.S.; revising
   81         requirements relating to budget procedures; revising
   82         cooperative association reserve account requirements;
   83         revising requirements relating to waiving reserve
   84         requirements or providing less reserves than required
   85         by law; revising a prohibition on using reserve funds
   86         or interest accrued on reserve funds for certain
   87         purposes; revising requirements for structural
   88         integrity reserve studies and mandatory milestone
   89         inspections; providing applicability; conforming
   90         provisions to changes made by the act; amending s.
   91         719.301, F.S.; revising items that developers are
   92         required to deliver to an association upon
   93         relinquishing control of the association; amending s.
   94         719.503, F.S.; revising the types of documents
   95         developers are required to provide to prospective
   96         buyers and lessees; revising the documents that a
   97         prospective purchaser is entitled to when purchasing
   98         an interest in cooperative from a unit owner;
   99         requiring specified disclosures relating to milestone
  100         inspections, turnover inspection reports, and
  101         structural integrity reserve studies for certain
  102         contracts entered into after a specified date;
  103         amending s. 719.504, F.S.; revising requirements for
  104         prospectuses and offering circulars; amending ss.
  105         558.002, 718.116, and 720.3085, F.S.; conforming
  106         cross-references; reenacting s. 719.1255, F.S.,
  107         relating to alternative resolution of disputes, to
  108         incorporate amendments made to s. 718.1255, F.S., in a
  109         reference thereto; reenacting ss. 718.501(1)(f) and
  110         719.501(1)(f), F.S., relating to the rulemaking
  111         authority of the Division of Florida Condominiums,
  112         Timeshares, and Mobile Homes of the Department of
  113         Business and Professional Regulation; providing
  114         appropriations; providing effective dates.
  115          
  116  Be It Enacted by the Legislature of the State of Florida:
  117  
  118         Section 1. Paragraph (b) of subsection (1) of section
  119  468.4334, Florida Statutes, is amended to read:
  120         468.4334 Professional practice standards; liability.—
  121         (1)
  122         (b) If a community association manager or a community
  123  association management firm has a contract with a community
  124  association that has a building on the association’s property
  125  that is subject to s. 553.899, the community association manager
  126  or the community association management firm must comply with
  127  that section as directed by the board.
  128         Section 2. Subsections (1) through (6), paragraph (b) of
  129  subsection (7), and subsections (8), (9), (11), and (12) of
  130  section 553.899, Florida Statutes, are amended to read:
  131         553.899 Mandatory structural inspections for condominium
  132  and cooperative buildings.—
  133         (1) The Legislature finds that maintaining the structural
  134  integrity of a building throughout the life of the building its
  135  service life is of paramount importance in order to ensure that
  136  buildings are structurally sound so as to not pose a threat to
  137  the public health, safety, or welfare. As such, the Legislature
  138  finds that the imposition of a statewide structural inspection
  139  program for aging condominium and cooperative buildings in this
  140  state is necessary to ensure that such buildings are safe for
  141  continued use.
  142         (2) As used in this section, the terms:
  143         (a) “Milestone inspection” means a structural inspection of
  144  a building, including an inspection of load-bearing elements
  145  walls and the primary structural members and primary structural
  146  systems as those terms are defined in s. 627.706, by an a
  147  licensed architect licensed under chapter 481 or engineer
  148  licensed under chapter 471 authorized to practice in this state
  149  for the purposes of attesting to the life safety and adequacy of
  150  the structural components of the building and, to the extent
  151  reasonably possible, determining the general structural
  152  condition of the building as it affects the safety of such
  153  building, including a determination of any necessary
  154  maintenance, repair, or replacement of any structural component
  155  of the building. The purpose of such inspection is not to
  156  determine if the condition of an existing building is in
  157  compliance with the Florida Building Code or the firesafety
  158  code. The milestone inspection services may be provided by a
  159  team of professionals with an architect or engineer acting as a
  160  registered design professional in responsible charge with all
  161  work and reports signed and sealed by the appropriate qualified
  162  team member.
  163         (b) “Substantial structural deterioration” means
  164  substantial structural distress or substantial structural
  165  weakness that negatively affects a building’s general structural
  166  condition and integrity. The term does not include surface
  167  imperfections such as cracks, distortion, sagging, deflections,
  168  misalignment, signs of leakage, or peeling of finishes unless
  169  the licensed engineer or architect performing the phase one or
  170  phase two inspection determines that such surface imperfections
  171  are a sign of substantial structural deterioration.
  172         (3)(a) An owner or owners of a building that is three
  173  stories or more in height as determined by the Florida Building
  174  Code and that is subject, in whole or in part, to the
  175  condominium or cooperative form of ownership as a residential
  176  condominium association under chapter 718 or and a residential
  177  cooperative association under chapter 719 must have a milestone
  178  inspection performed for each building that is three stories or
  179  more in height by December 31 of the year in which the building
  180  reaches 30 years of age, based on the date the certificate of
  181  occupancy for the building was issued, and every 10 years
  182  thereafter. If a building reached 30 years of age before July 1,
  183  2022, the building’s initial milestone inspection must be
  184  performed before December 31, 2024. If a building reaches 30
  185  years of age on or after July 1, 2022, and before December 31,
  186  2024, the building’s initial milestone inspection must be
  187  performed before December 31, 2025. If the date of issuance for
  188  the certificate of occupancy is not available, the date of
  189  issuance of the building’s certificate of occupancy shall be the
  190  date of occupancy evidenced in any record of the local building
  191  official.
  192         (b) The local enforcement agency may determine that local
  193  circumstances, including environmental conditions such as
  194  proximity to salt water as defined in s. 379.101, require that
  195  If the building is located within 3 miles of a coastline as
  196  defined in s. 376.031, the condominium association or
  197  cooperative association must have a milestone inspection must be
  198  performed by December 31 of the year in which the building
  199  reaches 25 years of age, based on the date the certificate of
  200  occupancy for the building was issued, and every 10 years
  201  thereafter.
  202         (c) The local enforcement agency may extend the date by
  203  which a building’s initial milestone inspection must be
  204  completed upon a showing of good cause by the owner or owners of
  205  the building that the inspection cannot be timely completed if
  206  the owner or owners have entered into a contract with an
  207  architect or engineer to perform the milestone inspection and
  208  the inspection cannot reasonably be completed before the
  209  deadline or other circumstance to justify an extension.
  210         (d) The local enforcement agency may accept an inspection
  211  report prepared by a licensed engineer or architect for a
  212  structural integrity and condition inspection of a building
  213  performed before July 1, 2022, if the inspection and report
  214  substantially comply with the requirements of this section.
  215  Notwithstanding when such inspection was completed, the
  216  condominium or cooperative association must comply with the unit
  217  owner notice requirements in subsection (9). The inspection for
  218  which an inspection report is accepted by the local enforcement
  219  agency under this paragraph is deemed a milestone inspection for
  220  the applicable requirements in chapters 718 and 719. If a
  221  previous inspection and report is accepted by the local
  222  enforcement agency under this paragraph, the deadline for the
  223  building’s subsequent 10-year milestone inspection is based on
  224  the date of the accepted previous inspection.
  225         (4) The milestone inspection report must be arranged by a
  226  condominium or cooperative association and any owner of any
  227  portion of the building which is not subject to the condominium
  228  or cooperative form of ownership. The condominium association or
  229  cooperative association and any owner of any portion of the
  230  building which is not subject to the condominium or cooperative
  231  form of ownership are each must arrange for the milestone
  232  inspection to be performed and is responsible for ensuring
  233  compliance with the requirements of this section. The
  234  condominium association or cooperative association is
  235  responsible for all costs associated with the milestone
  236  inspection attributable to the portions of a building which the
  237  association is responsible to maintain under the governing
  238  documents of the association. This section subsection does not
  239  apply to a single-family, two-family, or three-family dwelling
  240  with three or fewer habitable stories above ground.
  241         (4) If a milestone inspection is required under this
  242  section and the building’s certificate of occupancy was issued
  243  on or before July 1, 1992, the building’s initial milestone
  244  inspection must be performed before December 31, 2024. If the
  245  date of issuance for the certificate of occupancy is not
  246  available, the date of issuance of the building’s certificate of
  247  occupancy shall be the date of occupancy evidenced in any record
  248  of the local building official.
  249         (5) Upon determining that a building must have a milestone
  250  inspection, the local enforcement agency must provide written
  251  notice of such required inspection to the condominium
  252  association or cooperative association and any owner of any
  253  portion of the building which is not subject to the condominium
  254  or cooperative form of ownership, as applicable, by certified
  255  mail, return receipt requested. The condominium or cooperative
  256  association must notify the unit owners of the required
  257  milestone inspection within 14 days after receipt of the written
  258  notice from the local enforcement agency and provide the date
  259  that the milestone inspection must be completed. Such notice may
  260  be given by electronic submission to unit owners who consent to
  261  receive notice by electronic submission or by posting on the
  262  association’s website.
  263         (6) Phase one of the milestone inspection must be completed
  264  within 180 days after the owner or owners of the building
  265  receive receiving the written notice under subsection (5), the
  266  condominium association or cooperative association must complete
  267  phase one of the milestone inspection. For purposes of this
  268  section, completion of phase one of the milestone inspection
  269  means the licensed engineer or architect who performed the phase
  270  one inspection submitted the inspection report by e-mail, United
  271  States Postal Service, or commercial delivery service to the
  272  local enforcement agency.
  273         (7) A milestone inspection consists of two phases:
  274         (b) A phase two of the milestone inspection must be
  275  performed if any substantial structural deterioration is
  276  identified during phase one. A phase two inspection may involve
  277  destructive or nondestructive testing at the inspector’s
  278  direction. The inspection may be as extensive or as limited as
  279  necessary to fully assess areas of structural distress in order
  280  to confirm that the building is structurally sound and safe for
  281  its intended use and to recommend a program for fully assessing
  282  and repairing distressed and damaged portions of the building.
  283  When determining testing locations, the inspector must give
  284  preference to locations that are the least disruptive and most
  285  easily repairable while still being representative of the
  286  structure. If a phase two inspection is required, within 180
  287  days after submitting a phase one inspection report the
  288  architect or engineer performing the phase two inspection must
  289  submit a phase two progress report to the local enforcement
  290  agency with a timeline for completion of the phase two
  291  inspection. An inspector who completes a phase two milestone
  292  inspection shall prepare and submit an inspection report
  293  pursuant to subsection (8).
  294         (8) Upon completion of a phase one or phase two milestone
  295  inspection, the architect or engineer who performed the
  296  inspection must submit a sealed copy of the inspection report
  297  with a separate summary of, at minimum, the material findings
  298  and recommendations in the inspection report to the condominium
  299  association or cooperative association, to any other owner of
  300  any portion of the building which is not subject to the
  301  condominium or cooperative form of ownership, and to the
  302  building official of the local government which has
  303  jurisdiction. The inspection report must, at a minimum, meet all
  304  of the following criteria:
  305         (a) Bear the seal and signature, or the electronic
  306  signature, of the licensed engineer or architect who performed
  307  the inspection.
  308         (b) Indicate the manner and type of inspection forming the
  309  basis for the inspection report.
  310         (c) Identify any substantial structural deterioration,
  311  within a reasonable professional probability based on the scope
  312  of the inspection, describe the extent of such deterioration,
  313  and identify any recommended repairs for such deterioration.
  314         (d) State whether unsafe or dangerous conditions, as those
  315  terms are defined in the Florida Building Code, were observed.
  316         (e) Recommend any remedial or preventive repair for any
  317  items that are damaged but are not substantial structural
  318  deterioration.
  319         (f) Identify and describe any items requiring further
  320  inspection.
  321         (9) Within 45 days after receiving the applicable
  322  inspection report, the condominium or cooperative association
  323  must distribute a copy of the inspector-prepared summary of the
  324  inspection report to each condominium unit owner or cooperative
  325  unit owner, regardless of the findings or recommendations in the
  326  report, by United States mail or personal delivery at the
  327  mailing address, property address, or any other address of the
  328  owner provided to fulfill the association’s notice requirements
  329  under chapter 718 or chapter 719, as applicable, and by
  330  electronic transmission to the e-mail address or facsimile
  331  number provided to fulfill the association’s notice requirements
  332  to unit owners who previously consented to receive notice by
  333  electronic transmission; must post a copy of the inspector
  334  prepared summary in a conspicuous place on the condominium or
  335  cooperative property; and must publish the full report and
  336  inspector-prepared summary on the association’s website, if the
  337  association is required to have a website.
  338         (11) A board of county commissioners or municipal governing
  339  body may adopt an ordinance requiring that a condominium or
  340  cooperative association and any other owner that is subject to
  341  this section schedule or commence repairs for substantial
  342  structural deterioration within a specified timeframe after the
  343  local enforcement agency receives a phase two inspection report;
  344  however, such repairs must be commenced within 365 days after
  345  receiving such report. If an owner of the building association
  346  fails to submit proof to the local enforcement agency that
  347  repairs have been scheduled or have commenced for substantial
  348  structural deterioration identified in a phase two inspection
  349  report within the required timeframe, the local enforcement
  350  agency must review and determine if the building is unsafe for
  351  human occupancy.
  352         (12) By December 31, 2024, the Florida Building Commission
  353  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to
  354  establish a building safety program for the implementation of
  355  this section within the Florida Building Code: Existing
  356  Building. The building inspection program must, at minimum,
  357  include inspection criteria, testing protocols, standardized
  358  inspection and reporting forms that are adaptable to an
  359  electronic format, and record maintenance requirements for the
  360  local authority review the milestone inspection requirements
  361  under this section and make recommendations, if any, to the
  362  Legislature to ensure inspections are sufficient to determine
  363  the structural integrity of a building. The commission must
  364  provide a written report of any recommendations to the Governor,
  365  the President of the Senate, and the Speaker of the House of
  366  Representatives by December 31, 2022.
  367         Section 3. Paragraph (aa) of subsection (6) of section
  368  627.351, Florida Statutes, is amended to read:
  369         627.351 Insurance risk apportionment plans.—
  370         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  371         (aa) Except as otherwise provided in this paragraph, the
  372  corporation shall require the securing and maintaining of flood
  373  insurance as a condition of coverage of a personal lines
  374  residential risk. The insured or applicant must execute a form
  375  approved by the office affirming that flood insurance is not
  376  provided by the corporation and that if flood insurance is not
  377  secured by the applicant or insured from an insurer other than
  378  the corporation and in addition to coverage by the corporation,
  379  the risk will not be eligible for coverage by the corporation.
  380  The corporation may deny coverage of a personal lines
  381  residential risk to an applicant or insured who refuses to
  382  secure and maintain flood insurance. The requirement to purchase
  383  flood insurance shall be implemented as follows:
  384         1. Except as provided in subparagraphs 2. and 3., all
  385  personal lines residential policyholders must have flood
  386  coverage in place for policies effective on or after:
  387         a. January 1, 2024, for property valued at $600,000 or
  388  more.
  389         b. January 1, 2025, for property valued at $500,000 or
  390  more.
  391         c. January 1, 2026, for property valued at $400,000 or
  392  more.
  393         d. January 1, 2027, for all other personal lines
  394  residential property insured by the corporation.
  395         2. All personal lines residential policyholders whose
  396  property insured by the corporation is located within the
  397  special flood hazard area defined by the Federal Emergency
  398  Management Agency must have flood coverage in place:
  399         a. At the time of initial policy issuance for all new
  400  personal lines residential policies issued by the corporation on
  401  or after April 1, 2023.
  402         b. By the time of the policy renewal for all personal lines
  403  residential policies renewing on or after July 1, 2023.
  404         3. Policyholders whose policies issued by the corporation
  405  do not provide coverage for the peril of wind are not required
  406  to purchase flood insurance as a condition for maintaining the
  407  following their policies issued by with the corporation:
  408         a. Policies that do not provide coverage for the peril of
  409  wind.
  410         b. Policies that provide coverage under a condominium unit
  411  owners form.
  412  
  413  The flood insurance required under this paragraph must meet, at
  414  a minimum, the coverage available from the National Flood
  415  Insurance Program or the requirements of subparagraphs s.
  416  627.715(1)(a)1., 2., and 3.
  417         Section 4. Present subsections (1) through (31) of section
  418  718.103, Florida Statutes, are redesignated as subsections (2)
  419  through (32), respectively, a new subsection (1) is added to
  420  that section, and present subsection (25) of that section is
  421  amended, to read:
  422         718.103 Definitions.—As used in this chapter, the term:
  423         (1)“Alternative funding method” means a method approved by
  424  the division for funding the capital expenditures and deferred
  425  maintenance obligations for a multicondominium association
  426  operating at least 25 condominiums which may reasonably be
  427  expected to fully satisfy the association’s reserve funding
  428  obligations by the allocation of funds in the annual operating
  429  budget.
  430         (26)(25) “Structural integrity reserve study” means a study
  431  of the reserve funds required for future major repairs and
  432  replacement of the condominium property performed as required
  433  under s. 718.112(2)(g) common areas based on a visual inspection
  434  of the common areas. A structural integrity reserve study may be
  435  performed by any person qualified to perform such study.
  436  However, the visual inspection portion of the structural
  437  integrity reserve study must be performed by an engineer
  438  licensed under chapter 471 or an architect licensed under
  439  chapter 481. At a minimum, a structural integrity reserve study
  440  must identify the common areas being visually inspected, state
  441  the estimated remaining useful life and the estimated
  442  replacement cost or deferred maintenance expense of the common
  443  areas being visually inspected, and provide a recommended annual
  444  reserve amount that achieves the estimated replacement cost or
  445  deferred maintenance expense of each common area being visually
  446  inspected by the end of the estimated remaining useful life of
  447  each common area.
  448         Section 5. Paragraph (c) of subsection (12) of section
  449  718.111, Florida Statutes, is amended to read:
  450         718.111 The association.—
  451         (12) OFFICIAL RECORDS.—
  452         (c)1. The official records of the association are open to
  453  inspection by any association member and any person authorized
  454  by an association member as a or the authorized representative
  455  of such member at all reasonable times. The right to inspect the
  456  records includes the right to make or obtain copies, at the
  457  reasonable expense, if any, of the member and of the person
  458  authorized by the association member as a or authorized
  459  representative of such member. A renter of a unit has a right to
  460  inspect and copy only the declaration of condominium, the
  461  association’s bylaws and rules, and the inspection reports
  462  described in ss. 553.899 and 718.301(4)(p). The association may
  463  adopt reasonable rules regarding the frequency, time, location,
  464  notice, and manner of record inspections and copying but may not
  465  require a member to demonstrate any purpose or state any reason
  466  for the inspection. The failure of an association to provide the
  467  records within 10 working days after receipt of a written
  468  request creates a rebuttable presumption that the association
  469  willfully failed to comply with this paragraph. A unit owner who
  470  is denied access to official records is entitled to the actual
  471  damages or minimum damages for the association’s willful failure
  472  to comply. Minimum damages are $50 per calendar day for up to 10
  473  days, beginning on the 11th working day after receipt of the
  474  written request. The failure to permit inspection entitles any
  475  person prevailing in an enforcement action to recover reasonable
  476  attorney fees from the person in control of the records who,
  477  directly or indirectly, knowingly denied access to the records.
  478         2. Any person who knowingly or intentionally defaces or
  479  destroys accounting records that are required by this chapter to
  480  be maintained during the period for which such records are
  481  required to be maintained, or who knowingly or intentionally
  482  fails to create or maintain accounting records that are required
  483  to be created or maintained, with the intent of causing harm to
  484  the association or one or more of its members, is personally
  485  subject to a civil penalty pursuant to s. 718.501(1)(d).
  486         3. The association shall maintain an adequate number of
  487  copies of the declaration, articles of incorporation, bylaws,
  488  and rules, and all amendments to each of the foregoing, as well
  489  as the question and answer sheet as described in s. 718.504 and
  490  year-end financial information required under this section, on
  491  the condominium property to ensure their availability to unit
  492  owners and prospective purchasers, and may charge its actual
  493  costs for preparing and furnishing these documents to those
  494  requesting the documents. An association shall allow a member or
  495  his or her authorized representative to use a portable device,
  496  including a smartphone, tablet, portable scanner, or any other
  497  technology capable of scanning or taking photographs, to make an
  498  electronic copy of the official records in lieu of the
  499  association’s providing the member or his or her authorized
  500  representative with a copy of such records. The association may
  501  not charge a member or his or her authorized representative for
  502  the use of a portable device. Notwithstanding this paragraph,
  503  the following records are not accessible to unit owners:
  504         a. Any record protected by the lawyer-client privilege as
  505  described in s. 90.502 and any record protected by the work
  506  product privilege, including a record prepared by an association
  507  attorney or prepared at the attorney’s express direction, which
  508  reflects a mental impression, conclusion, litigation strategy,
  509  or legal theory of the attorney or the association, and which
  510  was prepared exclusively for civil or criminal litigation or for
  511  adversarial administrative proceedings, or which was prepared in
  512  anticipation of such litigation or proceedings until the
  513  conclusion of the litigation or proceedings.
  514         b. Information obtained by an association in connection
  515  with the approval of the lease, sale, or other transfer of a
  516  unit.
  517         c. Personnel records of association or management company
  518  employees, including, but not limited to, disciplinary, payroll,
  519  health, and insurance records. For purposes of this sub
  520  subparagraph, the term “personnel records” does not include
  521  written employment agreements with an association employee or
  522  management company, or budgetary or financial records that
  523  indicate the compensation paid to an association employee.
  524         d. Medical records of unit owners.
  525         e. Social security numbers, driver license numbers, credit
  526  card numbers, e-mail addresses, telephone numbers, facsimile
  527  numbers, emergency contact information, addresses of a unit
  528  owner other than as provided to fulfill the association’s notice
  529  requirements, and other personal identifying information of any
  530  person, excluding the person’s name, unit designation, mailing
  531  address, property address, and any address, e-mail address, or
  532  facsimile number provided to the association to fulfill the
  533  association’s notice requirements. Notwithstanding the
  534  restrictions in this sub-subparagraph, an association may print
  535  and distribute to unit owners a directory containing the name,
  536  unit address, and all telephone numbers of each unit owner.
  537  However, an owner may exclude his or her telephone numbers from
  538  the directory by so requesting in writing to the association. An
  539  owner may consent in writing to the disclosure of other contact
  540  information described in this sub-subparagraph. The association
  541  is not liable for the inadvertent disclosure of information that
  542  is protected under this sub-subparagraph if the information is
  543  included in an official record of the association and is
  544  voluntarily provided by an owner and not requested by the
  545  association.
  546         f. Electronic security measures that are used by the
  547  association to safeguard data, including passwords.
  548         g. The software and operating system used by the
  549  association which allow the manipulation of data, even if the
  550  owner owns a copy of the same software used by the association.
  551  The data is part of the official records of the association.
  552         h. All affirmative acknowledgments made pursuant to s.
  553  718.121(4)(c).
  554         Section 6. Paragraphs (e), (f), (g), and (h) of subsection
  555  (2) of section 718.112, Florida Statutes, are amended to read:
  556         718.112 Bylaws.—
  557         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  558  following and, if they do not do so, shall be deemed to include
  559  the following:
  560         (e) Budget meeting.—
  561         1. Any meeting at which a proposed annual budget of an
  562  association will be considered by the board or unit owners shall
  563  be open to all unit owners. At least 14 days prior to such a
  564  meeting, the board shall hand deliver to each unit owner, mail
  565  to each unit owner at the address last furnished to the
  566  association by the unit owner, or electronically transmit to the
  567  location furnished by the unit owner for that purpose a notice
  568  of such meeting and a copy of the proposed annual budget. An
  569  officer or manager of the association, or other person providing
  570  notice of such meeting, shall execute an affidavit evidencing
  571  compliance with such notice requirement, and such affidavit
  572  shall be filed among the official records of the association.
  573         2.a. If a board adopts in any fiscal year an annual budget
  574  which requires assessments against unit owners which exceed 115
  575  percent of assessments for the preceding fiscal year, the board
  576  shall conduct a special meeting of the unit owners to consider a
  577  substitute budget if the board receives, within 21 days after
  578  adoption of the annual budget, a written request for a special
  579  meeting from at least 10 percent of all voting interests. The
  580  special meeting shall be conducted within 60 days after adoption
  581  of the annual budget. At least 14 days prior to such special
  582  meeting, the board shall hand deliver to each unit owner, or
  583  mail to each unit owner at the address last furnished to the
  584  association, a notice of the meeting. An officer or manager of
  585  the association, or other person providing notice of such
  586  meeting shall execute an affidavit evidencing compliance with
  587  this notice requirement, and such affidavit shall be filed among
  588  the official records of the association. Unit owners may
  589  consider and adopt a substitute budget at the special meeting. A
  590  substitute budget is adopted if approved by a majority of all
  591  voting interests unless the bylaws require adoption by a greater
  592  percentage of voting interests. If there is not a quorum at the
  593  special meeting or a substitute budget is not adopted, the
  594  annual budget previously adopted by the board shall take effect
  595  as scheduled.
  596         b. Any determination of whether assessments exceed 115
  597  percent of assessments for the prior fiscal year shall exclude
  598  any authorized provision for reasonable reserves for repair or
  599  replacement of the condominium property, anticipated expenses of
  600  the association which the board does not expect to be incurred
  601  on a regular or annual basis, insurance premiums, or assessments
  602  for betterments to the condominium property.
  603         c. If the developer controls the board, assessments shall
  604  not exceed 115 percent of assessments for the prior fiscal year
  605  unless approved by a majority of all voting interests.
  606         (f) Annual budget.—
  607         1. The proposed annual budget of estimated revenues and
  608  expenses must be detailed and must show the amounts budgeted by
  609  accounts and expense classifications, including, at a minimum,
  610  any applicable expenses listed in s. 718.504(21). The board
  611  shall adopt the annual budget at least 14 days before the start
  612  of the association’s fiscal year. In the event that the board
  613  fails to timely adopt the annual budget a second time, it is
  614  deemed a minor violation and the prior year’s budget shall
  615  continue in effect until a new budget is adopted. A
  616  multicondominium association must adopt a separate budget of
  617  common expenses for each condominium the association operates
  618  and must adopt a separate budget of common expenses for the
  619  association. In addition, if the association maintains limited
  620  common elements with the cost to be shared only by those
  621  entitled to use the limited common elements as provided for in
  622  s. 718.113(1), the budget or a schedule attached to it must show
  623  the amount budgeted for this maintenance. If, after turnover of
  624  control of the association to the unit owners, any of the
  625  expenses listed in s. 718.504(21) are not applicable, they do
  626  not need to be listed.
  627         2.a. In addition to annual operating expenses, the budget
  628  must include reserve accounts for capital expenditures and
  629  deferred maintenance. These accounts must include, but are not
  630  limited to, roof replacement, building painting, and pavement
  631  resurfacing, regardless of the amount of deferred maintenance
  632  expense or replacement cost, and any other item that has a
  633  deferred maintenance expense or replacement cost that exceeds
  634  $10,000. The amount to be reserved for an item is determined by
  635  the association’s most recent structural integrity reserve study
  636  that must be completed by December 31, 2024. If the amount to be
  637  reserved for an item is not in the association’s initial or most
  638  recent structural integrity reserve study or the association has
  639  not completed a structural integrity reserve study, the amount
  640  must be computed using a formula based upon estimated remaining
  641  useful life and estimated replacement cost or deferred
  642  maintenance expense of the reserve item. In a budget adopted by
  643  an association that is required to obtain a structural integrity
  644  reserve study, reserves must be maintained for the items
  645  identified in paragraph (g) for which the association is
  646  responsible pursuant to the declaration of condominium, and the
  647  reserve amount for such items must be based on the findings and
  648  recommendations of the association’s most recent structural
  649  integrity reserve study. With respect to items for which an
  650  estimate of useful life is not readily ascertainable or with an
  651  estimated remaining useful life of greater than 25 years, an
  652  association is not required to reserve replacement costs for
  653  such items, but an association must reserve the amount of
  654  deferred maintenance expense, if any, which is recommended by
  655  the structural integrity reserve study for such items. The
  656  association may adjust replacement reserve assessments annually
  657  to take into account an inflation adjustment and any changes in
  658  estimates or extension of the useful life of a reserve item
  659  caused by deferred maintenance. The members of a unit-owner
  660  controlled association may determine, by a majority vote of the
  661  total voting interests at a duly called meeting of the
  662  association, to provide no reserves or less reserves than
  663  required by this subsection. For a budget adopted on or after
  664  Effective December 31, 2024, the members of a unit-owner
  665  controlled association that must obtain a structural integrity
  666  reserve study may not determine to provide no reserves or less
  667  reserves than required by this subsection for items listed in
  668  paragraph (g), except that members of an association operating a
  669  multicondominium may determine to provide no reserves or less
  670  reserves than required by this subsection if an alternative
  671  funding method has been approved by the division.
  672         b. Before turnover of control of an association by a
  673  developer to unit owners other than a developer under s.
  674  718.301, the developer-controlled association may not vote to
  675  waive the reserves or reduce funding of the reserves. If a
  676  meeting of the unit owners has been called to determine whether
  677  to waive or reduce the funding of reserves and no such result is
  678  achieved or a quorum is not attained, the reserves included in
  679  the budget shall go into effect. After the turnover, the
  680  developer may vote its voting interest to waive or reduce the
  681  funding of reserves.
  682         3. Reserve funds and any interest accruing thereon shall
  683  remain in the reserve account or accounts, and may be used only
  684  for authorized reserve expenditures unless their use for other
  685  purposes is approved in advance by a majority vote of all the
  686  total voting interests at a duly called meeting of the
  687  association. Before turnover of control of an association by a
  688  developer to unit owners other than the developer pursuant to s.
  689  718.301, the developer-controlled association may not vote to
  690  use reserves for purposes other than those for which they were
  691  intended. For a budget adopted on or after Effective December
  692  31, 2024, members of a unit-owner-controlled association that
  693  must obtain a structural integrity reserve study may not vote to
  694  use reserve funds, or any interest accruing thereon, that are
  695  reserved for items listed in paragraph (g) for any other purpose
  696  other than the replacement or deferred maintenance costs of the
  697  components listed in paragraph (g) their intended purpose.
  698         4. The only voting interests that are eligible to vote on
  699  questions that involve waiving or reducing the funding of
  700  reserves, or using existing reserve funds for purposes other
  701  than purposes for which the reserves were intended, are the
  702  voting interests of the units subject to assessment to fund the
  703  reserves in question. Proxy questions relating to waiving or
  704  reducing the funding of reserves or using existing reserve funds
  705  for purposes other than purposes for which the reserves were
  706  intended must contain the following statement in capitalized,
  707  bold letters in a font size larger than any other used on the
  708  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  709  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  710  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  711  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  712         (g) Structural integrity reserve study.—
  713         1. A residential condominium An association must have a
  714  structural integrity reserve study completed at least every 10
  715  years after the condominium’s creation for each building on the
  716  condominium property that is three stories or higher in height
  717  as determined by the Florida Building Code which includes, at a
  718  minimum, a study of the following items as related to the
  719  structural integrity and safety of the building:
  720         a. Roof.
  721         b. Structure, including load-bearing walls and or other
  722  primary structural members and primary structural systems as
  723  those terms are defined in s. 627.706.
  724         c. Floor.
  725         d. Foundation.
  726         e. Fireproofing and fire protection systems.
  727         d.f. Plumbing.
  728         e.g. Electrical systems.
  729         f.h. Waterproofing and exterior painting.
  730         g.i. Windows and exterior doors.
  731         h.j. Any other item that has a deferred maintenance expense
  732  or replacement cost that exceeds $10,000 and the failure to
  733  replace or maintain such item negatively affects the items
  734  listed in sub-subparagraphs a.-g. sub-subparagraphs a.-i., as
  735  determined by the licensed engineer or architect performing the
  736  visual inspection portion of the structural integrity reserve
  737  study.
  738         2. A structural integrity reserve study is based on a
  739  visual inspection of the condominium property. A structural
  740  integrity reserve study may be performed by any person qualified
  741  to perform such study. However, the visual inspection portion of
  742  the structural integrity reserve study must be performed or
  743  verified by an engineer licensed under chapter 471, an architect
  744  licensed under chapter 481, or a person certified as a reserve
  745  specialist or professional reserve analyst by the Community
  746  Associations Institute or the Association of Professional
  747  Reserve Analysts.
  748         3. At a minimum, a structural integrity reserve study must
  749  identify each item of the condominium property being visually
  750  inspected, state the estimated remaining useful life and the
  751  estimated replacement cost or deferred maintenance expense of
  752  each item of the condominium property being visually inspected,
  753  and provide a reserve funding schedule with a recommended annual
  754  reserve amount that achieves the estimated replacement cost or
  755  deferred maintenance expense of each item of condominium
  756  property being visually inspected by the end of the estimated
  757  remaining useful life of the item. The structural integrity
  758  reserve study may recommend that reserves do not need to be
  759  maintained for any item for which an estimate of useful life and
  760  an estimate of replacement cost cannot be determined, or the
  761  study may recommend a deferred maintenance expense amount for
  762  such item. The structural integrity reserve study may recommend
  763  that reserves for replacement costs do not need to be maintained
  764  for any item with an estimated remaining useful life of greater
  765  than 25 years, but the study may recommend a deferred
  766  maintenance expense amount for such item.
  767         4. This paragraph does not apply to buildings less than
  768  three stories in height; single-family, two-family, or three
  769  family dwellings with three or fewer habitable stories above
  770  ground; any portion or component of a building that has not been
  771  submitted to the condominium form of ownership; or any portion
  772  or component of a building that is maintained by a party other
  773  than the association.
  774         5. Before a developer turns over control of an association
  775  to unit owners other than the developer, the developer must have
  776  a structural integrity reserve study completed for each building
  777  on the condominium property that is three stories or higher in
  778  height.
  779         6.3. Associations existing on or before July 1, 2022, which
  780  are controlled by unit owners other than the developer, must
  781  have a structural integrity reserve study completed by December
  782  31, 2024, for each building on the condominium property that is
  783  three stories or higher in height. An association that is
  784  required to complete a milestone inspection in accordance with
  785  s. 553.899 on or before December 31, 2026, may complete the
  786  structural integrity reserve study simultaneously with the
  787  milestone inspection. In no event may the structural integrity
  788  reserve study be completed after December 31, 2026.
  789         7. If the milestone inspection required by s. 553.899, or
  790  an inspection completed for a similar local requirement, was
  791  performed within the past 5 years and meets the requirements of
  792  this paragraph, such inspection may be used in place of the
  793  visual inspection portion of the structural integrity reserve
  794  study.
  795         8.4. If the officers or directors of an association
  796  willfully and knowingly fail fails to complete a structural
  797  integrity reserve study pursuant to this paragraph, such failure
  798  is a breach of an officer’s and director’s fiduciary
  799  relationship to the unit owners under s. 718.111(1).
  800         (h) Mandatory milestone inspections.—If an association is
  801  required to have a milestone inspection performed pursuant to s.
  802  553.899, the association must arrange for the milestone
  803  inspection to be performed and is responsible for ensuring
  804  compliance with the requirements of s. 553.899. The association
  805  is responsible for all costs associated with the milestone
  806  inspection attributable to the portions of the building which
  807  the association is responsible for maintaining under the
  808  governing documents of the association. If the officers or
  809  directors of an association willfully and knowingly fail to have
  810  a milestone inspection performed pursuant to s. 553.899, such
  811  failure is a breach of the officers’ and directors’ fiduciary
  812  relationship to the unit owners under s. 718.111(1)(a). Within
  813  14 days after receipt of a written notice from the local
  814  enforcement agency that a milestone inspection is required, the
  815  association must notify the unit owners of the required
  816  milestone inspection and provide the date by which the milestone
  817  inspection must be completed. Such notice may be given by
  818  electronic submission to unit owners who consent to receive
  819  notice by electronic submission or by posting on the
  820  association’s website. Within 45 days after receiving Upon
  821  completion of a phase one or phase two milestone inspection and
  822  receipt of the inspector-prepared summary of the inspection
  823  report from the architect or engineer who performed the
  824  inspection, the association must distribute a copy of the
  825  inspector-prepared summary of the inspection report to each unit
  826  owner, regardless of the findings or recommendations in the
  827  report, by United States mail or personal delivery at the
  828  mailing address, property address, or any other address of the
  829  owner provided to fulfill the association’s notice requirements
  830  under this chapter and by electronic transmission to the e-mail
  831  address or facsimile number provided to fulfill the
  832  association’s notice requirements to unit owners who previously
  833  consented to receive notice by electronic transmission; must
  834  post a copy of the inspector-prepared summary in a conspicuous
  835  place on the condominium property; and must publish the full
  836  report and inspector-prepared summary on the association’s
  837  website, if the association is required to have a website.
  838         Section 7. Effective July 1, 2027, subsection (5) of
  839  section 718.1255, Florida Statutes, is amended, and paragraph
  840  (d) is added to subsection (1) of that section, to read:
  841         718.1255 Alternative dispute resolution; mediation;
  842  nonbinding arbitration; applicability.—
  843         (1) DEFINITIONS.—As used in this section, the term
  844  “dispute” means any disagreement between two or more parties
  845  that involves:
  846         (d) The failure of a board of administration, when required
  847  by this chapter or an association document, to:
  848         1. Obtain the milestone inspection required under s.
  849  553.899.
  850         2. Obtain a structural integrity reserve study required
  851  under s. 718.112(2)(g).
  852         3. Fund reserves as required for an item identified in s.
  853  718.112(2)(g).
  854         4. Make or provide necessary maintenance or repairs of
  855  condominium property recommended by a milestone inspection or a
  856  structural integrity reserve study.
  857  
  858  “Dispute” does not include any disagreement that primarily
  859  involves: title to any unit or common element; the
  860  interpretation or enforcement of any warranty; the levy of a fee
  861  or assessment, or the collection of an assessment levied against
  862  a party; the eviction or other removal of a tenant from a unit;
  863  alleged breaches of fiduciary duty by one or more directors; or
  864  claims for damages to a unit based upon the alleged failure of
  865  the association to maintain the common elements or condominium
  866  property.
  867         (5) PRESUIT MEDIATION.—In lieu of the initiation of
  868  nonbinding arbitration as provided in subsections (1)-(4), a
  869  party may submit a dispute to presuit mediation in accordance
  870  with s. 720.311; however, election and recall disputes are not
  871  eligible for mediation and such disputes must be arbitrated by
  872  the division or filed in a court of competent jurisdiction.
  873  Disputes identified in paragraph (1)(d) are not subject to
  874  nonbinding arbitration under subsection (4) and must be
  875  submitted to presuit mediation in accordance with s. 720.311.
  876         Section 8. Subsection (1) of section 718.113, Florida
  877  Statutes, is amended to read:
  878         718.113 Maintenance; limitation upon improvement; display
  879  of flag; hurricane shutters and protection; display of religious
  880  decorations.—
  881         (1) Maintenance of the common elements is the
  882  responsibility of the association, except for any maintenance
  883  responsibility for limited common elements assigned to the unit
  884  owner by the declaration. The association shall provide for the
  885  maintenance, repair, and replacement of the condominium property
  886  for which it bears responsibility pursuant to the declaration of
  887  condominium. After turnover of control of the association to the
  888  unit owners, the association must perform any required
  889  maintenance identified by the developer pursuant to s.
  890  718.301(4)(p) and (q) until the association obtains new
  891  maintenance protocols from a licensed professional engineer or
  892  architect or a person certified as a reserve specialist or
  893  professional reserve analyst by the Community Associations
  894  Institute or the Association of Professional Reserve Analysts.
  895  The declaration may provide that certain limited common elements
  896  shall be maintained by those entitled to use the limited common
  897  elements or that the association shall provide the maintenance,
  898  either as a common expense or with the cost shared only by those
  899  entitled to use the limited common elements. If the maintenance
  900  is to be by the association at the expense of only those
  901  entitled to use the limited common elements, the declaration
  902  shall describe in detail the method of apportioning such costs
  903  among those entitled to use the limited common elements, and the
  904  association may use the provisions of s. 718.116 to enforce
  905  payment of the shares of such costs by the unit owners entitled
  906  to use the limited common elements.
  907         Section 9. Present paragraphs (q) and (r) of subsection (4)
  908  of section 718.301, Florida Statutes, are redesignated as
  909  paragraphs (r) and (s), respectively, a new paragraph (q) is
  910  added to that subsection, and paragraph (p) of that subsection
  911  is amended, to read:
  912         718.301 Transfer of association control; claims of defect
  913  by association.—
  914         (4) At the time that unit owners other than the developer
  915  elect a majority of the members of the board of administration
  916  of an association, the developer shall relinquish control of the
  917  association, and the unit owners shall accept control.
  918  Simultaneously, or for the purposes of paragraph (c) not more
  919  than 90 days thereafter, the developer shall deliver to the
  920  association, at the developer’s expense, all property of the
  921  unit owners and of the association which is held or controlled
  922  by the developer, including, but not limited to, the following
  923  items, if applicable, as to each condominium operated by the
  924  association:
  925         (p) Notwithstanding when the certificate of occupancy was
  926  issued or the height of the building, a structural integrity
  927  reserve study a milestone inspection report in compliance with
  928  s. 718.112(2)(g) s. 553.899 included in the official records,
  929  under seal of an architect or engineer authorized to practice in
  930  this state or a person certified as a reserve specialist or
  931  professional reserve analyst by the Community Associations
  932  Institute or the Association of Professional Reserve Analysts,
  933  and attesting to required maintenance, condition, useful life,
  934  and replacement costs of the following applicable condominium
  935  property comprising a turnover inspection report:
  936         1. Roof.
  937         2. Structure, including load-bearing walls and primary
  938  structural members and primary structural systems as those terms
  939  are defined in s. 627.706.
  940         3. Fireproofing and fire protection systems.
  941         4. Plumbing Elevators.
  942         5. Electrical systems Heating and cooling systems.
  943         6. Waterproofing and exterior painting Plumbing.
  944         7. Windows and exterior doors Electrical systems.
  945         8. Swimming pool or spa and equipment.
  946         9. Seawalls.
  947         10. Pavement and parking areas.
  948         11. Drainage systems.
  949         12. Painting.
  950         13. Irrigation systems.
  951         14. Waterproofing.
  952         (q) Notwithstanding when the certificate of occupancy was
  953  issued or the height of the building, a turnover inspection
  954  report included in the official records, under seal of an
  955  architect or engineer authorized to practice in this state or a
  956  person certified as a reserve specialist or professional reserve
  957  analyst by the Community Associations Institute or the
  958  Association of Professional Reserve Analysts, and attesting to
  959  required maintenance, condition, useful life, and replacement
  960  costs of the following applicable condominium property
  961  comprising a turnover inspection report:
  962         1. Elevators.
  963         2. Heating and cooling systems.
  964         3. Swimming pool or spa and equipment.
  965         4. Seawalls.
  966         5. Pavement and parking areas.
  967         6. Drainage systems.
  968         7. Irrigation systems.
  969         Section 10. Paragraph (b) of subsection (1) and paragraph
  970  (a) of subsection (2) of section 718.503, Florida Statutes, are
  971  amended, and paragraph (d) is added to subsection (1) and
  972  paragraph (e) is added to subsection (2) of that section, to
  973  read:
  974         718.503 Developer disclosure prior to sale; nondeveloper
  975  unit owner disclosure prior to sale; voidability.—
  976         (1) DEVELOPER DISCLOSURE.—
  977         (b) Copies of documents to be furnished to prospective
  978  buyer or lessee.—Until such time as the developer has furnished
  979  the documents listed below to a person who has entered into a
  980  contract to purchase a residential unit or lease it for more
  981  than 5 years, the contract may be voided by that person,
  982  entitling the person to a refund of any deposit together with
  983  interest thereon as provided in s. 718.202. The contract may be
  984  terminated by written notice from the proposed buyer or lessee
  985  delivered to the developer within 15 days after the buyer or
  986  lessee receives all of the documents required by this section.
  987  The developer may not close for 15 days after the execution of
  988  the agreement and delivery of the documents to the buyer as
  989  evidenced by a signed receipt for documents unless the buyer is
  990  informed in the 15-day voidability period and agrees to close
  991  before the expiration of the 15 days. The developer shall retain
  992  in his or her records a separate agreement signed by the buyer
  993  as proof of the buyer’s agreement to close before the expiration
  994  of the voidability period. The developer must retain such proof
  995  for a period of 5 years after the date of the closing of the
  996  transaction. The documents to be delivered to the prospective
  997  buyer are the prospectus or disclosure statement with all
  998  exhibits, if the development is subject to s. 718.504, or, if
  999  not, then copies of the following which are applicable:
 1000         1. The question and answer sheet described in s. 718.504,
 1001  and declaration of condominium, or the proposed declaration if
 1002  the declaration has not been recorded, which shall include the
 1003  certificate of a surveyor approximately representing the
 1004  locations required by s. 718.104.
 1005         2. The documents creating the association.
 1006         3. The bylaws.
 1007         4. The ground lease or other underlying lease of the
 1008  condominium.
 1009         5. The management contract, maintenance contract, and other
 1010  contracts for management of the association and operation of the
 1011  condominium and facilities used by the unit owners having a
 1012  service term in excess of 1 year, and any management contracts
 1013  that are renewable.
 1014         6. The estimated operating budget for the condominium and a
 1015  schedule of expenses for each type of unit, including fees
 1016  assessed pursuant to s. 718.113(1) for the maintenance of
 1017  limited common elements where such costs are shared only by
 1018  those entitled to use the limited common elements.
 1019         7. The lease of recreational and other facilities that will
 1020  be used only by unit owners of the subject condominium.
 1021         8. The lease of recreational and other common facilities
 1022  that will be used by unit owners in common with unit owners of
 1023  other condominiums.
 1024         9. The form of unit lease if the offer is of a leasehold.
 1025         10. Any declaration of servitude of properties serving the
 1026  condominium but not owned by unit owners or leased to them or
 1027  the association.
 1028         11. If the development is to be built in phases or if the
 1029  association is to manage more than one condominium, a
 1030  description of the plan of phase development or the arrangements
 1031  for the association to manage two or more condominiums.
 1032         12. If the condominium is a conversion of existing
 1033  improvements, the statements and disclosure required by s.
 1034  718.616.
 1035         13. The form of agreement for sale or lease of units.
 1036         14. A copy of the floor plan of the unit and the plot plan
 1037  showing the location of the residential buildings and the
 1038  recreation and other common areas.
 1039         15. A copy of all covenants and restrictions that will
 1040  affect the use of the property and are not contained in the
 1041  foregoing.
 1042         16. If the developer is required by state or local
 1043  authorities to obtain acceptance or approval of any dock or
 1044  marina facilities intended to serve the condominium, a copy of
 1045  any such acceptance or approval acquired by the time of filing
 1046  with the division under s. 718.502(1), or a statement that such
 1047  acceptance or approval has not been acquired or received.
 1048         17. Evidence demonstrating that the developer has an
 1049  ownership, leasehold, or contractual interest in the land upon
 1050  which the condominium is to be developed.
 1051         18. A copy of the inspector-prepared summary of the
 1052  milestone inspection report as described in s. 553.899, or a
 1053  statement in conspicuous type indicating that the required
 1054  milestone inspection described in s. 553.899 has not been
 1055  completed or that a milestone inspection is not required, as
 1056  applicable ss. 553.899 and 718.301(4)(p).
 1057         19. A copy of the association’s most recent structural
 1058  integrity reserve study, or a statement in conspicuous type
 1059  indicating that the association has not completed a required
 1060  structural integrity reserve study has not been completed or
 1061  that a structural integrity reserve study is not required, as
 1062  applicable.
 1063         20. A copy of the turnover inspection report described in
 1064  s. 718.301(4)(p) and (q) or a statement in conspicuous type
 1065  indicating that a turnover inspection report has not been
 1066  completed, as applicable.
 1067         (d) Milestone inspection, turnover inspection report, or
 1068  structural integrity reserve study.—If the association is
 1069  required to have completed a milestone inspection as described
 1070  in s. 553.899, a turnover inspection report for a turnover
 1071  inspection performed on or after July 1, 2023, or a structural
 1072  integrity reserve study, and the association has not completed
 1073  the milestone inspection, the turnover inspection report, or the
 1074  structural integrity reserve study, each contract entered into
 1075  after December 31, 2024, for the sale of a residential unit
 1076  shall contain in conspicuous type a statement indicating that
 1077  the association is required to have a milestone inspection, a
 1078  turnover inspection report, or a structural integrity reserve
 1079  study and has not completed such inspection, report, or study,
 1080  as appropriate. If the association is not required to have a
 1081  milestone inspection as described in s. 553.899 or a structural
 1082  integrity reserve study, each contract entered into after
 1083  December 31, 2024, for the sale of a residential unit shall
 1084  contain in conspicuous type a statement indicating that the
 1085  association is not required to have a milestone inspection or a
 1086  structural integrity reserve study, as appropriate. If the
 1087  association has completed a milestone inspection as described in
 1088  s. 553.899, a turnover inspection report for a turnover
 1089  inspection performed on or after July 1, 2023, or a structural
 1090  integrity reserve study, each contract entered into after
 1091  December 31, 2024, for the sale of a residential unit shall
 1092  contain in conspicuous type:
 1093         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1094  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1095  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1096  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1097  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1098  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1099  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1100  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 1101  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 1102  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
 1103  EXECUTION OF THIS CONTRACT; and
 1104         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1105  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1106  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1107  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1108  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1109  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1110  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1111  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1112  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1113  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1114  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 1115  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1116  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1117  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 1118  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1119  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 1120  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 1121  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 1122  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 1123  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 1124  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 1125  718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
 1126  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 1127  CLOSING.
 1128  
 1129  A contract that does not conform to the requirements of this
 1130  paragraph is voidable at the option of the purchaser prior to
 1131  closing.
 1132         (2) NONDEVELOPER DISCLOSURE.—
 1133         (a) Each unit owner who is not a developer as defined by
 1134  this chapter must comply with this subsection before the sale of
 1135  his or her unit. Each prospective purchaser who has entered into
 1136  a contract for the purchase of a condominium unit is entitled,
 1137  at the seller’s expense, to a current copy of all of the
 1138  following:
 1139         1. The declaration of condominium.
 1140         2. Articles of incorporation of the association.
 1141         3. Bylaws and rules of the association.
 1142         4. Financial information required by s. 718.111.
 1143         5. A copy of the inspector-prepared summary of the
 1144  milestone inspection report as described in s. 553.899 ss.
 1145  553.899 and 718.301(4)(p), if applicable.
 1146         6. The association’s most recent structural integrity
 1147  reserve study or a statement that the association has not
 1148  completed a structural integrity reserve study.
 1149         7. A copy of the inspection report described in s.
 1150  718.301(4)(p) and (q) for a turnover inspection performed on or
 1151  after July 1, 2023.
 1152         8. The document entitled “Frequently Asked Questions and
 1153  Answers” required by s. 718.504.
 1154         (e) If the association is required to have completed a
 1155  milestone inspection as described in s. 553.899, a turnover
 1156  inspection report for a turnover inspection performed on or
 1157  after July 1, 2023, or a structural integrity reserve study, and
 1158  the association has not completed the milestone inspection, the
 1159  turnover inspection report, or the structural integrity reserve
 1160  study, each contract entered into after December 31, 2024, for
 1161  the sale of a residential unit shall contain in conspicuous type
 1162  a statement indicating that the association is required to have
 1163  a milestone inspection, a turnover inspection report, or a
 1164  structural integrity reserve study and has not completed such
 1165  inspection, report, or study, as appropriate. If the association
 1166  is not required to have a milestone inspection as described in
 1167  s. 553.899 or a structural integrity reserve study, each
 1168  contract entered into after December 31, 2024, for the sale of a
 1169  residential unit shall contain in conspicuous type a statement
 1170  indicating that the association is not required to have a
 1171  milestone inspection or a structural integrity reserve study, as
 1172  appropriate. If the association has completed a milestone
 1173  inspection as described in s. 553.899, a turnover inspection
 1174  report for a turnover inspection performed on or after July 1,
 1175  2023, or a structural integrity reserve study, each contract
 1176  entered into after December 31, 2024, for the resale of a
 1177  residential unit shall contain in conspicuous type:
 1178         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1179  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1180  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1181  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1182  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1183  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1184  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1185  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 1186  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
 1187  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
 1188  EXECUTION OF THIS CONTRACT; and
 1189         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1190  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1191  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1192  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1193  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1194  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1195  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1196  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1197  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1198  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1199  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 1200  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1201  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1202  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
 1203  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1204  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 1205  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 1206  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 1207  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 1208  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 1209  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 1210  718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
 1211  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 1212  CLOSING.
 1213  
 1214  A contract that does not conform to the requirements of this
 1215  paragraph is voidable at the option of the purchaser prior to
 1216  closing.
 1217         Section 11. Paragraph (a) of subsection (7) and paragraph
 1218  (c) of subsection (21) of section 718.504, Florida Statutes, are
 1219  amended to read:
 1220         718.504 Prospectus or offering circular.—Every developer of
 1221  a residential condominium which contains more than 20
 1222  residential units, or which is part of a group of residential
 1223  condominiums which will be served by property to be used in
 1224  common by unit owners of more than 20 residential units, shall
 1225  prepare a prospectus or offering circular and file it with the
 1226  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1227  prior to entering into an enforceable contract of purchase and
 1228  sale of any unit or lease of a unit for more than 5 years and
 1229  shall furnish a copy of the prospectus or offering circular to
 1230  each buyer. In addition to the prospectus or offering circular,
 1231  each buyer shall be furnished a separate page entitled
 1232  “Frequently Asked Questions and Answers,” which shall be in
 1233  accordance with a format approved by the division and a copy of
 1234  the financial information required by s. 718.111. This page
 1235  shall, in readable language, inform prospective purchasers
 1236  regarding their voting rights and unit use restrictions,
 1237  including restrictions on the leasing of a unit; shall indicate
 1238  whether and in what amount the unit owners or the association is
 1239  obligated to pay rent or land use fees for recreational or other
 1240  commonly used facilities; shall contain a statement identifying
 1241  that amount of assessment which, pursuant to the budget, would
 1242  be levied upon each unit type, exclusive of any special
 1243  assessments, and which shall further identify the basis upon
 1244  which assessments are levied, whether monthly, quarterly, or
 1245  otherwise; shall state and identify any court cases in which the
 1246  association is currently a party of record in which the
 1247  association may face liability in excess of $100,000; and which
 1248  shall further state whether membership in a recreational
 1249  facilities association is mandatory, and if so, shall identify
 1250  the fees currently charged per unit type. The division shall by
 1251  rule require such other disclosure as in its judgment will
 1252  assist prospective purchasers. The prospectus or offering
 1253  circular may include more than one condominium, although not all
 1254  such units are being offered for sale as of the date of the
 1255  prospectus or offering circular. The prospectus or offering
 1256  circular must contain the following information:
 1257         (7) A description of the recreational and other facilities
 1258  that will be used in common with other condominiums, community
 1259  associations, or planned developments which require the payment
 1260  of the maintenance and expenses of such facilities, directly or
 1261  indirectly, by the unit owners. The description shall include,
 1262  but not be limited to, the following:
 1263         (a) Each building and facility committed to be built and a
 1264  summary description of the structural integrity of each building
 1265  for which reserves are required pursuant to s. 718.112(2)(g).
 1266  
 1267  Descriptions shall include location, areas, capacities, numbers,
 1268  volumes, or sizes and may be stated as approximations or
 1269  minimums.
 1270         (21) An estimated operating budget for the condominium and
 1271  the association, and a schedule of the unit owner’s expenses
 1272  shall be attached as an exhibit and shall contain the following
 1273  information:
 1274         (c) The estimated items of expenses of the condominium and
 1275  the association, except as excluded under paragraph (b),
 1276  including, but not limited to, the following items, which shall
 1277  be stated as an association expense collectible by assessments
 1278  or as unit owners’ expenses payable to persons other than the
 1279  association:
 1280         1. Expenses for the association and condominium:
 1281         a. Administration of the association.
 1282         b. Management fees.
 1283         c. Maintenance.
 1284         d. Rent for recreational and other commonly used
 1285  facilities.
 1286         e. Taxes upon association property.
 1287         f. Taxes upon leased areas.
 1288         g. Insurance.
 1289         h. Security provisions.
 1290         i. Other expenses.
 1291         j. Operating capital.
 1292         k. Reserves for all applicable items referenced in s.
 1293  718.112(2)(g).
 1294         l. Fees payable to the division.
 1295         2. Expenses for a unit owner:
 1296         a. Rent for the unit, if subject to a lease.
 1297         b. Rent payable by the unit owner directly to the lessor or
 1298  agent under any recreational lease or lease for the use of
 1299  commonly used facilities, which use and payment is a mandatory
 1300  condition of ownership and is not included in the common expense
 1301  or assessments for common maintenance paid by the unit owners to
 1302  the association.
 1303         Section 12. Subsection (24) of section 719.103, Florida
 1304  Statutes, is amended to read:
 1305         719.103 Definitions.—As used in this chapter:
 1306         (24) “Structural integrity reserve study” means a study of
 1307  the reserve funds required for future major repairs and
 1308  replacement of the cooperative property performed as required
 1309  under s. 719.106(1)(k) common areas based on a visual inspection
 1310  of the common areas. A structural integrity reserve study may be
 1311  performed by any person qualified to perform such study.
 1312  However, the visual inspection portion of the structural
 1313  integrity reserve study must be performed by an engineer
 1314  licensed under chapter 471 or an architect licensed under
 1315  chapter 481. At a minimum, a structural integrity reserve study
 1316  must identify the common areas being visually inspected, state
 1317  the estimated remaining useful life and the estimated
 1318  replacement cost or deferred maintenance expense of the common
 1319  areas being visually inspected, and provide a recommended annual
 1320  reserve amount that achieves the estimated replacement cost or
 1321  deferred maintenance expense of each common area being visually
 1322  inspected by the end of the estimated remaining useful life of
 1323  each common area.
 1324         Section 13. Present subsections (5) through (11) of section
 1325  719.104, Florida Statutes, are redesignated as subsections (6)
 1326  through (12), respectively, a new subsection (5) is added to
 1327  that section, and paragraph (c) of subsection (2) of that
 1328  section is amended, to read:
 1329         719.104 Cooperatives; access to units; records; financial
 1330  reports; assessments; purchase of leases.—
 1331         (2) OFFICIAL RECORDS.—
 1332         (c) The official records of the association are open to
 1333  inspection by any association member and any person authorized
 1334  by an association member as a or the authorized representative
 1335  of such member at all reasonable times. The right to inspect the
 1336  records includes the right to make or obtain copies, at the
 1337  reasonable expense, if any, of the association member and of the
 1338  person authorized by the association member as a representative
 1339  of such member. A renter of a unit has a right to inspect and
 1340  copy only the association’s bylaws and rules and the inspection
 1341  reports described in ss. 553.899 and 719.301(4)(p). The
 1342  association may adopt reasonable rules regarding the frequency,
 1343  time, location, notice, and manner of record inspections and
 1344  copying, but may not require a member to demonstrate any purpose
 1345  or state any reason for the inspection. The failure of an
 1346  association to provide the records within 10 working days after
 1347  receipt of a written request creates a rebuttable presumption
 1348  that the association willfully failed to comply with this
 1349  paragraph. A member who is denied access to official records is
 1350  entitled to the actual damages or minimum damages for the
 1351  association’s willful failure to comply. The minimum damages are
 1352  $50 per calendar day for up to 10 days, beginning on the 11th
 1353  working day after receipt of the written request. The failure to
 1354  permit inspection entitles any person prevailing in an
 1355  enforcement action to recover reasonable attorney fees from the
 1356  person in control of the records who, directly or indirectly,
 1357  knowingly denied access to the records. Any person who knowingly
 1358  or intentionally defaces or destroys accounting records that are
 1359  required by this chapter to be maintained during the period for
 1360  which such records are required to be maintained, or who
 1361  knowingly or intentionally fails to create or maintain
 1362  accounting records that are required to be created or
 1363  maintained, with the intent of causing harm to the association
 1364  or one or more of its members, is personally subject to a civil
 1365  penalty under s. 719.501(1)(d). The association shall maintain
 1366  an adequate number of copies of the declaration, articles of
 1367  incorporation, bylaws, and rules, and all amendments to each of
 1368  the foregoing, as well as the question and answer sheet as
 1369  described in s. 719.504 and year-end financial information
 1370  required by the department, on the cooperative property to
 1371  ensure their availability to members and prospective purchasers,
 1372  and may charge its actual costs for preparing and furnishing
 1373  these documents to those requesting the same. An association
 1374  shall allow a member or his or her authorized representative to
 1375  use a portable device, including a smartphone, tablet, portable
 1376  scanner, or any other technology capable of scanning or taking
 1377  photographs, to make an electronic copy of the official records
 1378  in lieu of the association providing the member or his or her
 1379  authorized representative with a copy of such records. The
 1380  association may not charge a member or his or her authorized
 1381  representative for the use of a portable device. Notwithstanding
 1382  this paragraph, the following records shall not be accessible to
 1383  members:
 1384         1. Any record protected by the lawyer-client privilege as
 1385  described in s. 90.502 and any record protected by the work
 1386  product privilege, including any record prepared by an
 1387  association attorney or prepared at the attorney’s express
 1388  direction which reflects a mental impression, conclusion,
 1389  litigation strategy, or legal theory of the attorney or the
 1390  association, and which was prepared exclusively for civil or
 1391  criminal litigation or for adversarial administrative
 1392  proceedings, or which was prepared in anticipation of such
 1393  litigation or proceedings until the conclusion of the litigation
 1394  or proceedings.
 1395         2. Information obtained by an association in connection
 1396  with the approval of the lease, sale, or other transfer of a
 1397  unit.
 1398         3. Personnel records of association or management company
 1399  employees, including, but not limited to, disciplinary, payroll,
 1400  health, and insurance records. For purposes of this
 1401  subparagraph, the term “personnel records” does not include
 1402  written employment agreements with an association employee or
 1403  management company, or budgetary or financial records that
 1404  indicate the compensation paid to an association employee.
 1405         4. Medical records of unit owners.
 1406         5. Social security numbers, driver license numbers, credit
 1407  card numbers, e-mail addresses, telephone numbers, facsimile
 1408  numbers, emergency contact information, addresses of a unit
 1409  owner other than as provided to fulfill the association’s notice
 1410  requirements, and other personal identifying information of any
 1411  person, excluding the person’s name, unit designation, mailing
 1412  address, property address, and any address, e-mail address, or
 1413  facsimile number provided to the association to fulfill the
 1414  association’s notice requirements. Notwithstanding the
 1415  restrictions in this subparagraph, an association may print and
 1416  distribute to unit owners a directory containing the name, unit
 1417  address, and all telephone numbers of each unit owner. However,
 1418  an owner may exclude his or her telephone numbers from the
 1419  directory by so requesting in writing to the association. An
 1420  owner may consent in writing to the disclosure of other contact
 1421  information described in this subparagraph. The association is
 1422  not liable for the inadvertent disclosure of information that is
 1423  protected under this subparagraph if the information is included
 1424  in an official record of the association and is voluntarily
 1425  provided by an owner and not requested by the association.
 1426         6. Electronic security measures that are used by the
 1427  association to safeguard data, including passwords.
 1428         7. The software and operating system used by the
 1429  association which allow the manipulation of data, even if the
 1430  owner owns a copy of the same software used by the association.
 1431  The data is part of the official records of the association.
 1432         8. All affirmative acknowledgments made pursuant to s.
 1433  719.108(3)(b)3.
 1434  	(5)MAINTENANCE.—Maintenance of the common elements is the
 1435  responsibility of the association, except for any maintenance
 1436  responsibility for limited common elements assigned to the unit
 1437  owner by the declaration. The association shall provide for the
 1438  maintenance, repair, and replacement of the cooperative property
 1439  for which it bears responsibility pursuant to the declaration of
 1440  cooperative. After turnover of control of the association to the
 1441  unit owners, the association must perform any required
 1442  maintenance identified by the developer pursuant to s.
 1443  719.301(4)(p) and (q) until the association obtains new
 1444  maintenance protocols from a licensed professional engineer or
 1445  architect or a person certified as a reserve specialist or
 1446  professional reserve analyst by the Community Associations
 1447  Institute or the Association of Professional Reserve Analysts.
 1448  The declaration may provide that certain limited common elements
 1449  shall be maintained by those entitled to use the limited common
 1450  elements or that the association shall provide the maintenance,
 1451  either as a common expense or with the cost shared only by those
 1452  entitled to use the limited common elements. If the maintenance
 1453  is to be by the association at the expense of only those
 1454  entitled to use the limited common elements, the declaration
 1455  shall describe in detail the method of apportioning such costs
 1456  among those entitled to use the limited common elements, and the
 1457  association may use the provisions of s. 719.108 to enforce
 1458  payment of the shares of such costs by the unit owners entitled
 1459  to use the limited common elements.
 1460         Section 14. Paragraphs (e), (j), (k), and (l) of subsection
 1461  (1) of section 719.106, Florida Statutes, are amended to read:
 1462         719.106 Bylaws; cooperative ownership.—
 1463         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1464  documents shall provide for the following, and if they do not,
 1465  they shall be deemed to include the following:
 1466         (e) Budget procedures.—
 1467         1. The board of administration shall mail, hand deliver, or
 1468  electronically transmit to each unit owner at the address last
 1469  furnished to the association, a meeting notice and copies of the
 1470  proposed annual budget of common expenses to the unit owners not
 1471  less than 14 days prior to the meeting at which the budget will
 1472  be considered. Evidence of compliance with this 14-day notice
 1473  must be made by an affidavit executed by an officer of the
 1474  association or the manager or other person providing notice of
 1475  the meeting and filed among the official records of the
 1476  association. The meeting must be open to the unit owners.
 1477         2. If an adopted budget requires assessment against the
 1478  unit owners in any fiscal or calendar year which exceeds 115
 1479  percent of the assessments for the preceding year, the board
 1480  upon written application of 10 percent of the voting interests
 1481  to the board, shall call a special meeting of the unit owners
 1482  within 30 days, upon not less than 10 days’ written notice to
 1483  each unit owner. At the special meeting, unit owners shall
 1484  consider and enact a budget. Unless the bylaws require a larger
 1485  vote, the adoption of the budget requires a vote of not less
 1486  than a majority of all the voting interests.
 1487         3. The board of administration may, in any event, propose a
 1488  budget to the unit owners at a meeting of members or by writing,
 1489  and if the budget or proposed budget is approved by the unit
 1490  owners at the meeting or by a majority of all voting interests
 1491  in writing, the budget is adopted. If a meeting of the unit
 1492  owners has been called and a quorum is not attained or a
 1493  substitute budget is not adopted by the unit owners, the budget
 1494  adopted by the board of directors goes into effect as scheduled.
 1495         4. In determining whether assessments exceed 115 percent of
 1496  similar assessments for prior years, any authorized provisions
 1497  for reasonable reserves for repair or replacement of cooperative
 1498  property, anticipated expenses by the association which are not
 1499  anticipated to be incurred on a regular or annual basis,
 1500  insurance premiums, or assessments for betterments to the
 1501  cooperative property must be excluded from computation. However,
 1502  as long as the developer is in control of the board of
 1503  administration, the board may not impose an assessment for any
 1504  year greater than 115 percent of the prior fiscal or calendar
 1505  year’s assessment without approval of a majority of all voting
 1506  interests.
 1507         (j) Annual budget.—
 1508         1. The proposed annual budget of common expenses must be
 1509  detailed and must show the amounts budgeted by accounts and
 1510  expense classifications, including, if applicable, but not
 1511  limited to, those expenses listed in s. 719.504(20). The board
 1512  of administration shall adopt the annual budget at least 14 days
 1513  before the start of the association’s fiscal year. In the event
 1514  that the board fails to timely adopt the annual budget a second
 1515  time, it is deemed a minor violation and the prior year’s budget
 1516  shall continue in effect until a new budget is adopted.
 1517         2. In addition to annual operating expenses, the budget
 1518  must include reserve accounts for capital expenditures and
 1519  deferred maintenance. These accounts must include, but not be
 1520  limited to, roof replacement, building painting, and pavement
 1521  resurfacing, regardless of the amount of deferred maintenance
 1522  expense or replacement cost, and for any other items for which
 1523  the deferred maintenance expense or replacement cost exceeds
 1524  $10,000. The amount to be reserved for an item is determined by
 1525  the association’s most recent structural integrity reserve study
 1526  that must be completed by December 31, 2024. If the amount to be
 1527  reserved for an item is not in the association’s initial or most
 1528  recent structural integrity reserve study or the association has
 1529  not completed a structural integrity reserve study, the amount
 1530  must be computed by means of a formula which is based upon
 1531  estimated remaining useful life and estimated replacement cost
 1532  or deferred maintenance expense of the reserve item. In a budget
 1533  adopted by an association that is required to obtain a
 1534  structural integrity reserve study, reserves must be maintained
 1535  for the items identified in paragraph (k) for which the
 1536  association is responsible pursuant to the declaration, and the
 1537  reserve amount for such items must be based on the findings and
 1538  recommendations of the association’s most recent structural
 1539  integrity reserve study. With respect to items for which an
 1540  estimate of useful life is not readily ascertainable or with an
 1541  estimated remaining useful life of greater than 25 years, an
 1542  association is not required to reserve replacement costs for
 1543  such items, but an association must reserve the amount of
 1544  deferred maintenance expense, if any, which is recommended by
 1545  the structural integrity reserve study for such items. The
 1546  association may adjust replacement reserve assessments annually
 1547  to take into account an inflation adjustment and any changes in
 1548  estimates or extension of the useful life of a reserve item
 1549  caused by deferred maintenance. The members of a unit-owner
 1550  controlled association may determine, by a majority vote of the
 1551  total voting interests at a duly called meeting of the
 1552  association, for a fiscal year to provide no reserves or
 1553  reserves less adequate than required by this subsection. Before
 1554  turnover of control of an association by a developer to unit
 1555  owners other than a developer under s. 719.301, the developer
 1556  controlled association may not vote to waive the reserves or
 1557  reduce funding of the reserves. For a budget adopted on or after
 1558  Effective December 31, 2024, a unit-owner-controlled association
 1559  that must obtain a structural integrity reserve study may not
 1560  determine to provide no reserves or reserves less adequate than
 1561  required by this paragraph for items listed in paragraph (k). If
 1562  a meeting of the unit owners has been called to determine to
 1563  provide no reserves, or reserves less adequate than required,
 1564  and such result is not attained or a quorum is not attained, the
 1565  reserves as included in the budget shall go into effect.
 1566         3. Reserve funds and any interest accruing thereon shall
 1567  remain in the reserve account or accounts, and shall be used
 1568  only for authorized reserve expenditures unless their use for
 1569  other purposes is approved in advance by a vote of the majority
 1570  of the total voting interests, voting in person or by limited
 1571  proxy at a duly called meeting of the association. Before
 1572  turnover of control of an association by a developer to unit
 1573  owners other than the developer under s. 719.301, the developer
 1574  may not vote to use reserves for purposes other than that for
 1575  which they were intended. For a budget adopted on or after
 1576  Effective December 31, 2024, members of a unit-owner-controlled
 1577  association that must obtain a structural integrity reserve
 1578  study may not vote to use reserve funds, or any interest
 1579  accruing thereon, that are reserved for items listed in
 1580  paragraph (k) for purposes other than the replacement or
 1581  deferred maintenance costs of the components listed in paragraph
 1582  (k) their intended purpose.
 1583         (k) Structural integrity reserve study.—
 1584         1. A residential cooperative An association must have a
 1585  structural integrity reserve study completed at least every 10
 1586  years for each building on the cooperative property that is
 1587  three stories or higher in height as determined by the Florida
 1588  Building Code that includes, at a minimum, a study of the
 1589  following items as related to the structural integrity and
 1590  safety of the building:
 1591         a. Roof.
 1592         b. Structure, including load-bearing walls and or other
 1593  primary structural members and primary structural systems as
 1594  those terms are defined in s. 627.706.
 1595         c. Floor.
 1596         d. Foundation.
 1597         e. Fireproofing and fire protection systems.
 1598         d.f. Plumbing.
 1599         e.g. Electrical systems.
 1600         f.h. Waterproofing and exterior painting.
 1601         g.i. Windows and exterior doors.
 1602         h.j. Any other item that has a deferred maintenance expense
 1603  or replacement cost that exceeds $10,000 and the failure to
 1604  replace or maintain such item negatively affects the items
 1605  listed in sub-subparagraphs a.-g. sub-subparagraphs a.-i., as
 1606  determined by the licensed engineer or architect performing the
 1607  visual inspection portion of the structural integrity reserve
 1608  study.
 1609         2. A structural integrity reserve study is based on a
 1610  visual inspection of the cooperative property. A structural
 1611  integrity reserve study may be performed by any person qualified
 1612  to perform such study. However, the visual inspection portion of
 1613  the structural integrity reserve study must be performed or
 1614  verified by an engineer licensed under chapter 471, an architect
 1615  licensed under chapter 481, or a person certified as a reserve
 1616  specialist or professional reserve analyst by the Community
 1617  Associations Institute or the Association of Professional
 1618  Reserve Analysts.
 1619         3. At a minimum, a structural integrity reserve study must
 1620  identify each item of the cooperative property being visually
 1621  inspected, state the estimated remaining useful life and the
 1622  estimated replacement cost or deferred maintenance expense of
 1623  each item of the cooperative property being visually inspected,
 1624  and provide a reserve funding schedule with a recommended annual
 1625  reserve amount that achieves the estimated replacement cost or
 1626  deferred maintenance expense of each item of cooperative
 1627  property being visually inspected by the end of the estimated
 1628  remaining useful life of the item. The structural integrity
 1629  reserve study may recommend that reserves do not need to be
 1630  maintained for any item for which an estimate of useful life and
 1631  an estimate of replacement cost cannot be determined, or the
 1632  study may recommend a deferred maintenance expense amount for
 1633  such item. The structural integrity reserve study may recommend
 1634  that reserves for replacement costs do not need to be maintained
 1635  for any item with an estimated remaining useful life of greater
 1636  than 25 years, but the study may recommend a deferred
 1637  maintenance expense amount for such item.
 1638         4. This paragraph does not apply to buildings less than
 1639  three stories in height; single-family, two-family, or three
 1640  family dwellings with three or fewer habitable stories above
 1641  ground; any portion or component of a building that has not been
 1642  submitted to the cooperative form of ownership; or any portion
 1643  or component of a building that is maintained by a party other
 1644  than the association.
 1645         5. Before a developer turns over control of an association
 1646  to unit owners other than the developer, the developer must have
 1647  a structural integrity reserve study completed for each building
 1648  on the cooperative property that is three stories or higher in
 1649  height.
 1650         6.3. Associations existing on or before July 1, 2022, which
 1651  are controlled by unit owners other than the developer, must
 1652  have a structural integrity reserve study completed by December
 1653  31, 2024, for each building on the cooperative property that is
 1654  three stories or higher in height. An association that is
 1655  required to complete a milestone inspection on or before
 1656  December 31, 2026, in accordance with s. 553.899 may complete
 1657  the structural integrity reserve study simultaneously with the
 1658  milestone inspection. In no event may the structural integrity
 1659  reserve study be completed after December 31, 2026.
 1660         7. If the milestone inspection required by s. 553.899, or
 1661  an inspection completed for a similar local requirement, was
 1662  performed within the past 5 years and meets the requirements of
 1663  this paragraph, such inspection may be used in place of the
 1664  visual inspection portion of the structural integrity reserve
 1665  study.
 1666         8.4. If the officers or directors of an association
 1667  willfully and knowingly fail fails to complete a structural
 1668  integrity reserve study pursuant to this paragraph, such failure
 1669  is a breach of an officer’s and director’s fiduciary
 1670  relationship to the unit owners under s. 719.104(9) s.
 1671  719.104(8).
 1672         (l) Mandatory milestone inspections.—If an association is
 1673  required to have a milestone inspection performed pursuant to s.
 1674  553.899, the association must arrange for the milestone
 1675  inspection to be performed and is responsible for ensuring
 1676  compliance with the requirements of s. 553.899. The association
 1677  is responsible for all costs associated with the milestone
 1678  inspection attributable to the portions of the building which
 1679  the association is responsible for maintaining under the
 1680  governing documents of the association. If the officers or
 1681  directors of an association willfully and knowingly fail to have
 1682  a milestone inspection performed pursuant to s. 553.899, such
 1683  failure is a breach of the officers’ and directors’ fiduciary
 1684  relationship to the unit owners under s. 719.104(9)(a) s.
 1685  719.104(8)(a). Within 14 days after receipt of a written notice
 1686  from the local enforcement agency that a milestone inspection is
 1687  required, the association must notify the unit owners of the
 1688  required milestone inspection and provide the date by which the
 1689  milestone inspection must be completed. Such notice may be given
 1690  by electronic submission to unit owners who consent to receive
 1691  notice by electronic submission or by posting on the
 1692  association’s website. Within 45 days after receiving Upon
 1693  completion of a phase one or phase two milestone inspection and
 1694  receipt of the inspector-prepared summary of the inspection
 1695  report from the architect or engineer who performed the
 1696  inspection, the association must distribute a copy of the
 1697  inspector-prepared summary of the inspection report to each unit
 1698  owner, regardless of the findings or recommendations in the
 1699  report, by United States mail or personal delivery at the
 1700  mailing address, property address, or any other address of the
 1701  owner provided to fulfill the association’s notice requirements
 1702  under this chapter and by electronic transmission to the e-mail
 1703  address or facsimile number provided to fulfill the
 1704  association’s notice requirements to unit owners who previously
 1705  consented to receive notice by electronic transmission; must
 1706  post a copy of the inspector-prepared summary in a conspicuous
 1707  place on the cooperative property; and must publish the full
 1708  report and inspector-prepared summary on the association’s
 1709  website, if the association is required to have a website.
 1710         Section 15. Present paragraph (q) of subsection (4) of
 1711  section 719.301, Florida Statutes, is redesignated as paragraph
 1712  (r), a new paragraph (q) is added to that subsection, and
 1713  paragraph (p) of that subsection is amended, to read:
 1714         719.301 Transfer of association control.—
 1715         (4) When unit owners other than the developer elect a
 1716  majority of the members of the board of administration of an
 1717  association, the developer shall relinquish control of the
 1718  association, and the unit owners shall accept control.
 1719  Simultaneously, or for the purpose of paragraph (c) not more
 1720  than 90 days thereafter, the developer shall deliver to the
 1721  association, at the developer’s expense, all property of the
 1722  unit owners and of the association held or controlled by the
 1723  developer, including, but not limited to, the following items,
 1724  if applicable, as to each cooperative operated by the
 1725  association:
 1726         (p) Notwithstanding when the certificate of occupancy was
 1727  issued or the height of the building, a structural integrity
 1728  reserve study milestone inspection report in compliance with s.
 1729  719.106(1)(k) s. 553.899 included in the official records, under
 1730  seal of an architect or engineer authorized to practice in this
 1731  state or a person certified as a reserve specialist or
 1732  professional reserve analyst by the Community Associations
 1733  Institute or the Association of Professional Reserve Analysts,
 1734  attesting to required maintenance, condition, useful life, and
 1735  replacement costs of the following applicable cooperative
 1736  property comprising a turnover inspection report:
 1737         1. Roof.
 1738         2. Structure, including load-bearing walls and primary
 1739  structural members and primary structural systems as those terms
 1740  are defined in s. 627.706.
 1741         3. Fireproofing and fire protection systems.
 1742         4. Plumbing Elevators.
 1743         5. Electrical systems Heating and cooling systems.
 1744         6. Waterproofing and exterior painting Plumbing.
 1745         7. Windows and exterior doors Electrical systems.
 1746         8. Swimming pool or spa and equipment.
 1747         9. Seawalls.
 1748         10. Pavement and parking areas.
 1749         11. Drainage systems.
 1750         12. Painting.
 1751         13. Irrigation systems.
 1752         14. Waterproofing.
 1753         (q) Notwithstanding when the certificate of occupancy was
 1754  issued or the height of the building, a turnover inspection
 1755  report included in the official records, under seal of an
 1756  architect or engineer authorized to practice in this state or a
 1757  person certified as a reserve specialist or professional reserve
 1758  analyst by the Community Associations Institute or the
 1759  Association of Professional Reserve Analysts, and attesting to
 1760  required maintenance, condition, useful life, and replacement
 1761  costs of the following applicable cooperative property
 1762  comprising a turnover inspection report:
 1763         1. Elevators.
 1764         2. Heating and cooling systems.
 1765         3. Swimming pool or spa and equipment.
 1766         4. Seawalls.
 1767         5. Pavement and parking areas.
 1768         6. Drainage systems.
 1769         7. Irrigation systems.
 1770         Section 16. Paragraph (b) of subsection (1) and paragraph
 1771  (a) of subsection (2) of section 719.503, Florida Statutes, are
 1772  amended, and paragraph (d) is added to subsection (1) and
 1773  paragraph (d) is added to subsection (2) of that section, to
 1774  read:
 1775         719.503 Disclosure prior to sale.—
 1776         (1) DEVELOPER DISCLOSURE.—
 1777         (b) Copies of documents to be furnished to prospective
 1778  buyer or lessee.—Until such time as the developer has furnished
 1779  the documents listed below to a person who has entered into a
 1780  contract to purchase a unit or lease it for more than 5 years,
 1781  the contract may be voided by that person, entitling the person
 1782  to a refund of any deposit together with interest thereon as
 1783  provided in s. 719.202. The contract may be terminated by
 1784  written notice from the proposed buyer or lessee delivered to
 1785  the developer within 15 days after the buyer or lessee receives
 1786  all of the documents required by this section. The developer may
 1787  not close for 15 days after the execution of the agreement and
 1788  delivery of the documents to the buyer as evidenced by a receipt
 1789  for documents signed by the buyer unless the buyer is informed
 1790  in the 15-day voidability period and agrees to close before the
 1791  expiration of the 15 days. The developer shall retain in his or
 1792  her records a separate signed agreement as proof of the buyer’s
 1793  agreement to close before the expiration of the voidability
 1794  period. The developer must retain such proof for a period of 5
 1795  years after the date of the closing transaction. The documents
 1796  to be delivered to the prospective buyer are the prospectus or
 1797  disclosure statement with all exhibits, if the development is
 1798  subject to s. 719.504, or, if not, then copies of the following
 1799  which are applicable:
 1800         1. The question and answer sheet described in s. 719.504,
 1801  and cooperative documents, or the proposed cooperative documents
 1802  if the documents have not been recorded, which shall include the
 1803  certificate of a surveyor approximately representing the
 1804  locations required by s. 719.104.
 1805         2. The documents creating the association.
 1806         3. The bylaws.
 1807         4. The ground lease or other underlying lease of the
 1808  cooperative.
 1809         5. The management contract, maintenance contract, and other
 1810  contracts for management of the association and operation of the
 1811  cooperative and facilities used by the unit owners having a
 1812  service term in excess of 1 year, and any management contracts
 1813  that are renewable.
 1814         6. The estimated operating budget for the cooperative and a
 1815  schedule of expenses for each type of unit, including fees
 1816  assessed to a shareholder who has exclusive use of limited
 1817  common areas, where such costs are shared only by those entitled
 1818  to use such limited common areas.
 1819         7. The lease of recreational and other facilities that will
 1820  be used only by unit owners of the subject cooperative.
 1821         8. The lease of recreational and other common areas that
 1822  will be used by unit owners in common with unit owners of other
 1823  cooperatives.
 1824         9. The form of unit lease if the offer is of a leasehold.
 1825         10. Any declaration of servitude of properties serving the
 1826  cooperative but not owned by unit owners or leased to them or
 1827  the association.
 1828         11. If the development is to be built in phases or if the
 1829  association is to manage more than one cooperative, a
 1830  description of the plan of phase development or the arrangements
 1831  for the association to manage two or more cooperatives.
 1832         12. If the cooperative is a conversion of existing
 1833  improvements, the statements and disclosure required by s.
 1834  719.616.
 1835         13. The form of agreement for sale or lease of units.
 1836         14. A copy of the floor plan of the unit and the plot plan
 1837  showing the location of the residential buildings and the
 1838  recreation and other common areas.
 1839         15. A copy of all covenants and restrictions that will
 1840  affect the use of the property and are not contained in the
 1841  foregoing.
 1842         16. If the developer is required by state or local
 1843  authorities to obtain acceptance or approval of any dock or
 1844  marina facilities intended to serve the cooperative, a copy of
 1845  any such acceptance or approval acquired by the time of filing
 1846  with the division pursuant to s. 719.502(1) or a statement that
 1847  such acceptance or approval has not been acquired or received.
 1848         17. Evidence demonstrating that the developer has an
 1849  ownership, leasehold, or contractual interest in the land upon
 1850  which the cooperative is to be developed.
 1851         18. A copy of the inspector-prepared summary of the
 1852  milestone inspection report as described in s. 553.899 ss.
 1853  553.899 and 719.301(4)(p), or a statement in conspicuous type
 1854  indicating that the required milestone inspection described in
 1855  s. 553.899 has not been completed or that a milestone inspection
 1856  is not required, as if applicable.
 1857         19. A copy of the association’s most recent structural
 1858  integrity reserve study or a statement in conspicuous type
 1859  indicating that the association has not completed a required
 1860  structural integrity reserve study has not been completed or
 1861  that a structural integrity reserve study is not required, as
 1862  applicable.
 1863         20. A copy of the turnover inspection report described in
 1864  s. 719.301(4)(p) and (q) or a statement in conspicuous type
 1865  indicating that a turnover inspection report has not been
 1866  completed, as applicable.
 1867         (d) Milestone inspection, turnover inspection report, or
 1868  structural integrity reserve study.—If the association is
 1869  required to have completed a milestone inspection as described
 1870  in s. 553.899, a turnover inspection report for a turnover
 1871  inspection performed on or after July 1, 2023, or a structural
 1872  integrity reserve study, and the association has not completed
 1873  the milestone inspection, the turnover inspection report, or the
 1874  structural integrity reserve study, each contract entered into
 1875  after December 31, 2024, for the sale of a residential unit
 1876  shall contain in conspicuous type a statement indicating that
 1877  the association is required to have a milestone inspection, a
 1878  turnover inspection report, or a structural integrity reserve
 1879  study and has not completed such inspection, report, or study,
 1880  as appropriate. If the association is not required to have a
 1881  milestone inspection as described in s. 553.899 or a structural
 1882  integrity reserve study, each contract entered into after
 1883  December 31, 2024, for the sale of a residential unit shall
 1884  contain in conspicuous type a statement indicating that the
 1885  association is not required to have a milestone inspection or a
 1886  structural integrity reserve study, as appropriate. If the
 1887  association has completed a milestone inspection as described in
 1888  s. 553.899, a turnover inspection report for a turnover
 1889  inspection performed on or after July 1, 2023, or a structural
 1890  integrity reserve study, each contract entered into after
 1891  December 31, 2024, for the sale of a residential unit shall
 1892  contain in conspicuous type:
 1893         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1894  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1895  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1896  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1897  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1898  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1899  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1900  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1901  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 1902  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
 1903  EXECUTION OF THIS CONTRACT; and
 1904         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1905  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1906  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1907  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1908  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1909  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1910  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1911  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1912  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1913  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1914  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1915  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1916  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1917  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 1918  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1919  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 1920  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 1921  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 1922  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 1923  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 1924  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 1925  719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
 1926  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 1927  CLOSING.
 1928  
 1929  A contract that does not conform to the requirements of this
 1930  paragraph is voidable at the option of the purchaser prior to
 1931  closing.
 1932         (2) NONDEVELOPER DISCLOSURE.—
 1933         (a) Each unit owner who is not a developer as defined by
 1934  this chapter must comply with this subsection before the sale of
 1935  his or her interest in the association. Each prospective
 1936  purchaser who has entered into a contract for the purchase of an
 1937  interest in a cooperative is entitled, at the seller’s expense,
 1938  to a current copy of all of the following:
 1939         1. The articles of incorporation of the association.
 1940         2. The bylaws and rules of the association.
 1941         3. A copy of the question and answer sheet as provided in
 1942  s. 719.504.
 1943         4. A copy of the inspector-prepared summary of the
 1944  milestone inspection report as described in s. 553.899 ss.
 1945  553.899 and 719.301(4)(p), if applicable.
 1946         5. A copy of the association’s most recent structural
 1947  integrity reserve study or a statement that the association has
 1948  not completed a structural integrity reserve study.
 1949         6. A copy of the inspection report described in s.
 1950  719.301(4)(p) and (q) for a turnover inspection performed on or
 1951  after July 1, 2023.
 1952         (d) If the association is required to have completed a
 1953  milestone inspection as described in s. 553.899, a turnover
 1954  inspection report for a turnover inspection performed on or
 1955  after July 1, 2023, or a structural integrity reserve study, and
 1956  the association has not completed the milestone inspection, the
 1957  turnover inspection report, or the structural integrity reserve
 1958  study, each contract entered into after December 31, 2024, for
 1959  the sale of a residential unit shall contain in conspicuous type
 1960  a statement indicating that the association is required to have
 1961  a milestone inspection, a turnover inspection report, or a
 1962  structural integrity reserve study and has not completed such
 1963  inspection, report, or study, as appropriate. If the association
 1964  is not required to have a milestone inspection as described in
 1965  s. 553.899 or a structural integrity reserve study, each
 1966  contract entered into after December 31, 2024, for the sale of a
 1967  residential unit shall contain in conspicuous type a statement
 1968  indicating that the association is not required to have a
 1969  milestone inspection or a structural integrity reserve study, as
 1970  appropriate. If the association has completed a milestone
 1971  inspection as described in s. 553.899, a turnover inspection
 1972  report for a turnover inspection performed on or after July 1,
 1973  2023, or a structural integrity reserve study, each contract
 1974  entered into after December 31, 2024, for the resale of a
 1975  residential unit shall contain in conspicuous type:
 1976         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1977  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1978  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1979  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1980  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1981  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1982  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1983  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1984  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3
 1985  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO
 1986  EXECUTION OF THIS CONTRACT; and
 1987         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1988  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1989  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1990  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1991  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1992  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1993  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1994  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1995  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1996  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1997  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 1998  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1999  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2000  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
 2001  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2002  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 2003  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 2004  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 2005  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 2006  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 2007  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 2008  719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
 2009  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 2010  CLOSING.
 2011  
 2012  A contract that does not conform to the requirements of this
 2013  paragraph is voidable at the option of the purchaser prior to
 2014  closing.
 2015         Section 17. Paragraph (a) of subsection (7) and paragraph
 2016  (c) of subsection (20) of section 719.504, Florida Statutes, are
 2017  amended to read:
 2018         719.504 Prospectus or offering circular.—Every developer of
 2019  a residential cooperative which contains more than 20
 2020  residential units, or which is part of a group of residential
 2021  cooperatives which will be served by property to be used in
 2022  common by unit owners of more than 20 residential units, shall
 2023  prepare a prospectus or offering circular and file it with the
 2024  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2025  prior to entering into an enforceable contract of purchase and
 2026  sale of any unit or lease of a unit for more than 5 years and
 2027  shall furnish a copy of the prospectus or offering circular to
 2028  each buyer. In addition to the prospectus or offering circular,
 2029  each buyer shall be furnished a separate page entitled
 2030  “Frequently Asked Questions and Answers,” which must be in
 2031  accordance with a format approved by the division. This page
 2032  must, in readable language: inform prospective purchasers
 2033  regarding their voting rights and unit use restrictions,
 2034  including restrictions on the leasing of a unit; indicate
 2035  whether and in what amount the unit owners or the association is
 2036  obligated to pay rent or land use fees for recreational or other
 2037  commonly used facilities; contain a statement identifying that
 2038  amount of assessment which, pursuant to the budget, would be
 2039  levied upon each unit type, exclusive of any special
 2040  assessments, and which identifies the basis upon which
 2041  assessments are levied, whether monthly, quarterly, or
 2042  otherwise; state and identify any court cases in which the
 2043  association is currently a party of record in which the
 2044  association may face liability in excess of $100,000; and state
 2045  whether membership in a recreational facilities association is
 2046  mandatory and, if so, identify the fees currently charged per
 2047  unit type. The division shall by rule require such other
 2048  disclosure as in its judgment will assist prospective
 2049  purchasers. The prospectus or offering circular may include more
 2050  than one cooperative, although not all such units are being
 2051  offered for sale as of the date of the prospectus or offering
 2052  circular. The prospectus or offering circular must contain the
 2053  following information:
 2054         (7) A description of the recreational and other facilities
 2055  that will be used in common with other cooperatives, community
 2056  associations, or planned developments which require the payment
 2057  of the maintenance and expenses of such facilities, directly or
 2058  indirectly, by the unit owners. The description shall include,
 2059  but not be limited to, the following:
 2060         (a) Each building and facility committed to be built and a
 2061  summary description of the structural integrity of each building
 2062  for which reserves are required pursuant to s. 719.106(1)(k).
 2063  
 2064  Descriptions shall include location, areas, capacities, numbers,
 2065  volumes, or sizes and may be stated as approximations or
 2066  minimums.
 2067         (20) An estimated operating budget for the cooperative and
 2068  the association, and a schedule of the unit owner’s expenses
 2069  shall be attached as an exhibit and shall contain the following
 2070  information:
 2071         (c) The estimated items of expenses of the cooperative and
 2072  the association, except as excluded under paragraph (b),
 2073  including, but not limited to, the following items, which shall
 2074  be stated as an association expense collectible by assessments
 2075  or as unit owners’ expenses payable to persons other than the
 2076  association:
 2077         1. Expenses for the association and cooperative:
 2078         a. Administration of the association.
 2079         b. Management fees.
 2080         c. Maintenance.
 2081         d. Rent for recreational and other commonly used areas.
 2082         e. Taxes upon association property.
 2083         f. Taxes upon leased areas.
 2084         g. Insurance.
 2085         h. Security provisions.
 2086         i. Other expenses.
 2087         j. Operating capital.
 2088         k. Reserves for all applicable items referenced in s.
 2089  719.106(1)(k).
 2090         l. Fee payable to the division.
 2091         2. Expenses for a unit owner:
 2092         a. Rent for the unit, if subject to a lease.
 2093         b. Rent payable by the unit owner directly to the lessor or
 2094  agent under any recreational lease or lease for the use of
 2095  commonly used areas, which use and payment are a mandatory
 2096  condition of ownership and are not included in the common
 2097  expense or assessments for common maintenance paid by the unit
 2098  owners to the association.
 2099         Section 18. Subsection (2) of section 558.002, Florida
 2100  Statutes, is amended to read:
 2101         558.002 Definitions.—As used in this chapter, the term:
 2102         (2) “Association” has the same meaning as in s. 718.103 s.
 2103  718.103(2), s. 719.103(2), s. 720.301(9), or s. 723.075.
 2104         Section 19. Paragraph (b) of subsection (1) of section
 2105  718.116, Florida Statutes, is amended to read:
 2106         718.116 Assessments; liability; lien and priority;
 2107  interest; collection.—
 2108         (1)
 2109         (b)1. The liability of a first mortgagee or its successor
 2110  or assignees who acquire title to a unit by foreclosure or by
 2111  deed in lieu of foreclosure for the unpaid assessments that
 2112  became due before the mortgagee’s acquisition of title is
 2113  limited to the lesser of:
 2114         a. The unit’s unpaid common expenses and regular periodic
 2115  assessments which accrued or came due during the 12 months
 2116  immediately preceding the acquisition of title and for which
 2117  payment in full has not been received by the association; or
 2118         b. One percent of the original mortgage debt. The
 2119  provisions of this paragraph apply only if the first mortgagee
 2120  joined the association as a defendant in the foreclosure action.
 2121  Joinder of the association is not required if, on the date the
 2122  complaint is filed, the association was dissolved or did not
 2123  maintain an office or agent for service of process at a location
 2124  which was known to or reasonably discoverable by the mortgagee.
 2125         2. An association, or its successor or assignee, that
 2126  acquires title to a unit through the foreclosure of its lien for
 2127  assessments is not liable for any unpaid assessments, late fees,
 2128  interest, or reasonable attorney’s fees and costs that came due
 2129  before the association’s acquisition of title in favor of any
 2130  other association, as defined in s. 718.103 s. 718.103(2) or s.
 2131  720.301(9), which holds a superior lien interest on the unit.
 2132  This subparagraph is intended to clarify existing law.
 2133         Section 20. Paragraph (d) of subsection (2) of section
 2134  720.3085, Florida Statutes, is amended to read:
 2135         720.3085 Payment for assessments; lien claims.—
 2136         (2)
 2137         (d) An association, or its successor or assignee, that
 2138  acquires title to a parcel through the foreclosure of its lien
 2139  for assessments is not liable for any unpaid assessments, late
 2140  fees, interest, or reasonable attorney’s fees and costs that
 2141  came due before the association’s acquisition of title in favor
 2142  of any other association, as defined in s. 718.103 s. 718.103(2)
 2143  or s. 720.301(9), which holds a superior lien interest on the
 2144  parcel. This paragraph is intended to clarify existing law.
 2145         Section 21. Effective July 1, 2027, for the purpose of
 2146  incorporating the amendments made by this act to section
 2147  718.1255, Florida Statutes, in a reference thereto, section
 2148  719.1255, Florida Statutes, is reenacted to read:
 2149         719.1255 Alternative resolution of disputes.—The Division
 2150  of Florida Condominiums, Timeshares, and Mobile Homes of the
 2151  Department of Business and Professional Regulation shall provide
 2152  for alternative dispute resolution in accordance with s.
 2153  718.1255.
 2154         Section 22. Paragraph (f) of subsection (1) of section
 2155  718.501, Florida Statutes, is reenacted to read:
 2156         718.501 Authority, responsibility, and duties of Division
 2157  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2158         (1) The division may enforce and ensure compliance with
 2159  this chapter and rules relating to the development,
 2160  construction, sale, lease, ownership, operation, and management
 2161  of residential condominium units and complaints related to the
 2162  procedural completion of milestone inspections under s. 553.899.
 2163  In performing its duties, the division has complete jurisdiction
 2164  to investigate complaints and enforce compliance with respect to
 2165  associations that are still under developer control or the
 2166  control of a bulk assignee or bulk buyer pursuant to part VII of
 2167  this chapter and complaints against developers, bulk assignees,
 2168  or bulk buyers involving improper turnover or failure to
 2169  turnover, pursuant to s. 718.301. However, after turnover has
 2170  occurred, the division has jurisdiction to investigate
 2171  complaints related only to financial issues, elections, and the
 2172  maintenance of and unit owner access to association records
 2173  under s. 718.111(12), and the procedural completion of
 2174  structural integrity reserve studies under s. 718.112(2)(g).
 2175         (f) The division may adopt rules to administer and enforce
 2176  this chapter.
 2177         Section 23. Paragraph (f) of subsection (1) of section
 2178  719.501, Florida Statutes, is reenacted to read:
 2179         719.501 Powers and duties of Division of Florida
 2180  Condominiums, Timeshares, and Mobile Homes.—
 2181         (1) The Division of Florida Condominiums, Timeshares, and
 2182  Mobile Homes of the Department of Business and Professional
 2183  Regulation, referred to as the “division” in this part, in
 2184  addition to other powers and duties prescribed by chapter 718,
 2185  has the power to enforce and ensure compliance with this chapter
 2186  and adopted rules relating to the development, construction,
 2187  sale, lease, ownership, operation, and management of residential
 2188  cooperative units; complaints related to the procedural
 2189  completion of the structural integrity reserve studies under s.
 2190  719.106(1)(k); and complaints related to the procedural
 2191  completion of milestone inspections under s. 553.899. In
 2192  performing its duties, the division shall have the following
 2193  powers and duties:
 2194         (f) The division has authority to adopt rules pursuant to
 2195  ss. 120.536(1) and 120.54 to implement and enforce the
 2196  provisions of this chapter.
 2197         Section 24. For the 2023-2024 fiscal year, the sums of
 2198  $1,301,928 in recurring funds and $67,193 in nonrecurring funds
 2199  from the Division of Florida Condominiums, Timeshares, and
 2200  Mobile Homes Trust Fund are appropriated to the Department of
 2201  Business and Professional Regulation, and 10 full-time
 2202  equivalent positions with associated salary rate of 487,264 are
 2203  authorized for the purpose of implementing this act.
 2204         Section 25. Except as otherwise expressly provided in this
 2205  act, this act shall take effect upon becoming a law.