Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1178
       
       
       
       
       
       
                                Ì585928WÎ585928                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2024           .                                
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       The Committee on Regulated Industries (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) is added to section 468.4334,
    6  Florida Statutes, to read:
    7         468.4334 Professional practice standards; liability.—
    8         (3) A community association manager or a community
    9  association management firm shall return all community
   10  association official records within its possession to the
   11  community association or successor community association manager
   12  or community association management firm within 20 business days
   13  after termination of a contractual agreement to provide
   14  community association management services to the community
   15  association or receipt of a written request for return of the
   16  official records, whichever occurs first. The notice of
   17  termination must be sent by certified mail, return receipt
   18  requested, or in the manner required under the management
   19  services contract. The manager may retain, for up to 20 business
   20  days, those records necessary to complete an ending financial
   21  statement or report. Failure of the association to provide
   22  access or retention of accounting records to prepare the
   23  statement or report shall relieve the manager of any further
   24  responsibility or liability for preparation of the statement or
   25  report. Failure of a community association manager or a
   26  community association management firm to timely return all of
   27  the official records within its possession to the community
   28  association creates a rebuttable presumption that the community
   29  association manager or a community association management firm
   30  willfully failed to comply with this subsection. A community
   31  association manager or a community association management firm
   32  that fails to timely return community association records is
   33  subject to suspension of its license under s. 468.436, and a
   34  civil penalty of $1,000 per day for up to 10 days, assessed
   35  beginning on the 21st business day after termination of a
   36  contractual agreement to provide community association
   37  management services to the community association or receipt of a
   38  written request from the association for return of the records,
   39  whichever occurs first.
   40         Section 2. Section 468.4335, Florida Statutes, is created
   41  to read:
   42         468.4335 Conflicts of interest.—
   43         (1) A community association manager or a community
   44  association management firm, including directors, officers,
   45  persons with a financial interest in a community association
   46  management firm, and the relatives of such persons, must provide
   47  a written disclosure to the board any activity that may
   48  reasonably be construed to be a conflict of interest. A
   49  rebuttable presumption of a conflict of interest exists if any
   50  of the following occurs without prior notice, as required in
   51  subsection (5):
   52         (a) A community association manager or a community
   53  association management firm, including directors, officers,
   54  persons with a financial interest in a community association
   55  management firm, or the relative of such persons, enters into a
   56  contract with the association for goods or services, other than
   57  community association management services.
   58         (b) A community association manager or a community
   59  association management firm, including directors, officers,
   60  persons with a financial interest in a community association
   61  management firm, or the relative of such persons, holds an
   62  interest in a corporation, limited liability corporation,
   63  partnership, limited liability partnership, or other business
   64  entity that conducts business with the association or proposes
   65  to enter into a contract or other transaction with the
   66  association.
   67         (2) If the association receives and considers a bid to
   68  provide a good or service, other than community association
   69  management services, from a community association manager or a
   70  community association management firm, including directors,
   71  officers, persons with a financial interest in a community
   72  association management firm, or a relative of such persons, the
   73  association must also solicit multiple competitive bids from
   74  other third-party providers of such good or service.
   75         (3) If a community association manager or a community
   76  association management firm, including directors, officers,
   77  persons with a financial interest in a community association
   78  management firm, or the relative of such persons, proposes to
   79  engage in an activity that is a conflict of interest as
   80  described in subsection (1), the proposed activity must be
   81  listed on, and all contracts and transactional documents related
   82  to the proposed activity must be attached to, the meeting
   83  agenda. The disclosures must be entered into the written minutes
   84  of the meeting. Approval of any contract or other transaction
   85  requires an affirmative vote of two-thirds of all directors
   86  present. At the next regular or special meeting of the members,
   87  the existence of any contract or other transaction must be
   88  disclosed to the members.
   89         (4) If the board finds that a community association manager
   90  or a community association management firm, including directors,
   91  officers, persons with a financial interest in a community
   92  association management firm, or the relative of such persons,
   93  has violated this section, the association may cancel its
   94  community association management contract with the community
   95  association manager or the community association management
   96  firm. If the contract is canceled, the association is liable
   97  only for the reasonable value of the management services
   98  provided up to the time of cancellation and is not liable for
   99  any termination fee, liquidated damages, or other form of
  100  penalty for such cancellation.
  101         (5) If an association enters into a contract, other than a
  102  contract for community association management services, with a
  103  community association manager or a community association
  104  management firm, including directors, officers, persons with a
  105  financial interest in a community association management firm,
  106  or the relative of such persons, which is a party to or has an
  107  interest in an activity that is a possible conflict of interest
  108  as described in subsection (1) and that activity has not been
  109  properly disclosed as a conflict of interest or potential
  110  conflict of interest as required by this section, the contract
  111  is voidable and terminates upon the association filing a written
  112  notice terminating the contract.
  113         (6) As used in this section, the term “relative” means a
  114  relative within the third degree of consanguinity by blood or
  115  marriage.
  116         (7) The procedures in subsections (2), (3), and (4) do not
  117  apply to any activities or the provision of goods and services
  118  that are disclosed in the management services contract as a
  119  conflict of interest within the meaning of subsection (1).
  120         Section 3. Paragraph (b) of subsection (2) of section
  121  468.436, Florida Statutes, is amended to read:
  122         468.436 Disciplinary proceedings.—
  123         (2) The following acts constitute grounds for which the
  124  disciplinary actions in subsection (4) may be taken:
  125         (b)1. Violation of any provision of this part.
  126         2. Violation of any lawful order or rule rendered or
  127  adopted by the department or the council.
  128         3. Being convicted of or pleading nolo contendere to a
  129  felony in any court in the United States.
  130         4. Obtaining a license or certification or any other order,
  131  ruling, or authorization by means of fraud, misrepresentation,
  132  or concealment of material facts.
  133         5. Committing acts of gross misconduct or gross negligence
  134  in connection with the profession.
  135         6. Contracting, on behalf of an association, with any
  136  entity in which the licensee has a financial interest that is
  137  not disclosed.
  138         7. Failing to disclose any conflict of interest as required
  139  by s. 468.4335.
  140         8. Violating any provision of chapter 718, chapter 719, or
  141  chapter 720 during the course of performing community
  142  association management services pursuant to a contract with a
  143  community association as defined in s. 468.431(1).
  144         Section 4. Present subsections (19) through (32) of section
  145  718.103, Florida Statutes, are redesignated as subsections (20)
  146  through (33), respectively, a new subsection (19) is added to
  147  that section, and subsection (1) of that section is amended, to
  148  read:
  149         718.103 Definitions.—As used in this chapter, the term:
  150         (1) “Alternative funding method” means a method approved by
  151  the division for funding the capital expenditures and planned
  152  deferred maintenance obligations for a multicondominium
  153  association operating at least 25 condominiums which may
  154  reasonably be expected to fully satisfy the association’s
  155  reserve funding obligations by the allocation of funds in the
  156  annual operating budget.
  157         (19) “Hurricane protection” means hurricane shutters,
  158  impact glass, code-compliant windows or doors, and other code
  159  compliant hurricane protection products used to preserve and
  160  protect the condominium property or association property.
  161         Section 5. Paragraph (p) is added to subsection (4) of
  162  section 718.104, Florida Statutes, to read:
  163         718.104 Creation of condominiums; contents of declaration.
  164  Every condominium created in this state shall be created
  165  pursuant to this chapter.
  166         (4) The declaration must contain or provide for the
  167  following matters:
  168         (p) For both residential condominiums and mixed-use
  169  condominiums, a statement that specifies whether the unit owner
  170  or the association is responsible for the installation,
  171  maintenance, repair, or replacement of hurricane protection that
  172  is for the preservation and protection of the condominium
  173  property and association property.
  174         Section 6. Paragraph (a) of subsection (1) and subsections
  175  (12), (13), and (15) of section 718.111, Florida Statutes, are
  176  amended, and subsection (16) is added to that section, to read:
  177         718.111 The association.—
  178         (1) CORPORATE ENTITY.—
  179         (a) The operation of the condominium shall be by the
  180  association, which must be a Florida corporation for profit or a
  181  Florida corporation not for profit. However, any association
  182  which was in existence on January 1, 1977, need not be
  183  incorporated. The owners of units shall be shareholders or
  184  members of the association. The officers and directors of the
  185  association have a fiduciary relationship to the unit owners. It
  186  is the intent of the Legislature that nothing in this paragraph
  187  shall be construed as providing for or removing a requirement of
  188  a fiduciary relationship between any manager employed by the
  189  association and the unit owners. An officer, director, or
  190  manager may not solicit, offer to accept, or accept any thing or
  191  service of value or kickback for which consideration has not
  192  been provided for his or her own benefit or that of his or her
  193  immediate family, from any person providing or proposing to
  194  provide goods or services to the association. Any such officer,
  195  director, or manager who knowingly so solicits, offers to
  196  accept, or accepts any thing or service of value or kickback,
  197  for which consideration has not been provided for his or her own
  198  benefit or that of his or her immediate family, from any person
  199  providing or proposing to provide goods or services to the
  200  association commits a felony of the third degree, punishable as
  201  provided in s. 775.082, s. 775.083, or s. 775.084, shall be
  202  deemed removed from office and a vacancy declared, and is
  203  subject to a civil penalty pursuant to s. 718.501(1)(d) and, if
  204  applicable, a criminal penalty as provided in paragraph (d).
  205  However, this paragraph does not prohibit an officer, director,
  206  or manager from accepting services or items received in
  207  connection with trade fairs or education programs. An
  208  association may operate more than one condominium.
  209         (12) OFFICIAL RECORDS.—
  210         (a) From the inception of the association, the association
  211  shall maintain each of the following items, if applicable, which
  212  constitutes the official records of the association:
  213         1. A copy of the plans, permits, warranties, and other
  214  items provided by the developer under s. 718.301(4).
  215         2. A photocopy of the recorded declaration of condominium
  216  of each condominium operated by the association and each
  217  amendment to each declaration.
  218         3. A photocopy of the recorded bylaws of the association
  219  and each amendment to the bylaws.
  220         4. A certified copy of the articles of incorporation of the
  221  association, or other documents creating the association, and
  222  each amendment thereto.
  223         5. A copy of the current rules of the association.
  224         6. A book or books that contain the minutes of all meetings
  225  of the association, the board of administration, and the unit
  226  owners.
  227         7. A current roster of all unit owners and their mailing
  228  addresses, unit identifications, voting certifications, and, if
  229  known, telephone numbers. The association shall also maintain
  230  the e-mail addresses and facsimile numbers of unit owners
  231  consenting to receive notice by electronic transmission. The e
  232  mail addresses and facsimile numbers are not accessible to unit
  233  owners if consent to receive notice by electronic transmission
  234  is not provided in accordance with sub-subparagraph (c)5.e.
  235  (c)3.e. However, the association is not liable for an
  236  inadvertent disclosure of the e-mail address or facsimile number
  237  for receiving electronic transmission of notices.
  238         8. All current insurance policies of the association and
  239  condominiums operated by the association.
  240         9. A current copy of any management agreement, lease, or
  241  other contract to which the association is a party or under
  242  which the association or the unit owners have an obligation or
  243  responsibility.
  244         10. Bills of sale or transfer for all property owned by the
  245  association.
  246         11. Accounting records for the association and separate
  247  accounting records for each condominium that the association
  248  operates. Any person who knowingly or intentionally defaces or
  249  destroys such records, or who knowingly or intentionally fails
  250  to create or maintain such records, with the intent of causing
  251  harm to the association or one or more of its members, is
  252  personally subject to a civil penalty pursuant to s.
  253  718.501(1)(d). The accounting records must include, but are not
  254  limited to:
  255         a. Accurate, itemized, and detailed records of all receipts
  256  and expenditures.
  257         b. All invoices, transaction receipts, or deposit slips
  258  that substantiate any receipt or expenditure of funds by the
  259  association.
  260         c. A current account and a monthly, bimonthly, or quarterly
  261  statement of the account for each unit designating the name of
  262  the unit owner, the due date and amount of each assessment, the
  263  amount paid on the account, and the balance due.
  264         d.c. All audits, reviews, accounting statements, structural
  265  integrity reserve studies, and financial reports of the
  266  association or condominium. Structural integrity reserve studies
  267  must be maintained for at least 15 years after the study is
  268  completed.
  269         e.d. All contracts for work to be performed. Bids for work
  270  to be performed are also considered official records and must be
  271  maintained by the association for at least 1 year after receipt
  272  of the bid.
  273         12. Ballots, sign-in sheets, voting proxies, and all other
  274  papers and electronic records relating to voting by unit owners,
  275  which must be maintained for 1 year from the date of the
  276  election, vote, or meeting to which the document relates,
  277  notwithstanding paragraph (b).
  278         13. All rental records if the association is acting as
  279  agent for the rental of condominium units.
  280         14. A copy of the current question and answer sheet as
  281  described in s. 718.504.
  282         15. A copy of the inspection reports described in ss.
  283  553.899 and 718.301(4)(p) and any other inspection report
  284  relating to a structural or life safety inspection of
  285  condominium property. Such record must be maintained by the
  286  association for 15 years after receipt of the report.
  287         16. Bids for materials, equipment, or services.
  288         17. All affirmative acknowledgments made pursuant to s.
  289  718.121(4)(c).
  290         18. A copy of the investment policy statement adopted
  291  pursuant to paragraph (16)(c).
  292         19. A copy of all building permits.
  293         20. All other written records of the association not
  294  specifically included in the foregoing which are related to the
  295  operation of the association.
  296         (b) The official records specified in subparagraphs (a)1.
  297  6. must be permanently maintained from the inception of the
  298  association. Bids for work to be performed or for materials,
  299  equipment, or services must be maintained for at least 1 year
  300  after receipt of the bid. All other official records must be
  301  maintained within the state for at least 7 years, unless
  302  otherwise provided by general law. The official records must be
  303  maintained in a manner that facilitates inspection of the
  304  records by a unit owner. In the event that the records are lost,
  305  destroyed, or otherwise unavailable, the obligation to maintain
  306  official records includes a good faith obligation to recover
  307  those records as may be reasonably possible. The records of the
  308  association shall be made available to a unit owner within 45
  309  miles of the condominium property or within the county in which
  310  the condominium property is located within 10 working days after
  311  receipt of a written request by the board or its designee.
  312  However, such distance requirement does not apply to an
  313  association governing a timeshare condominium. This paragraph
  314  and paragraph (c) may be complied with by having a copy of the
  315  official records of the association available for inspection or
  316  copying on the condominium property or association property, or
  317  the association may offer the option of making the records
  318  available to a unit owner electronically via the Internet as
  319  provided under paragraph (g) or by allowing the records to be
  320  viewed in electronic format on a computer screen and printed
  321  upon request. The association is not responsible for the use or
  322  misuse of the information provided to an association member or
  323  his or her authorized representative in compliance with this
  324  chapter unless the association has an affirmative duty not to
  325  disclose such information under this chapter.
  326         (c)1.a. The official records of the association are open to
  327  inspection by any association member and any person authorized
  328  by an association member as a representative of such member at
  329  all reasonable times. The right to inspect the records includes
  330  the right to make or obtain copies, at the reasonable expense,
  331  if any, of the member and of the person authorized by the
  332  association member as a representative of such member. A renter
  333  of a unit has a right to inspect and copy only the declaration
  334  of condominium, the association’s bylaws and rules, and the
  335  inspection reports described in ss. 553.899 and 718.301(4)(p).
  336  The association may adopt reasonable rules regarding the
  337  frequency, time, location, notice, and manner of record
  338  inspections and copying but may not require a member to
  339  demonstrate any purpose or state any reason for the inspection.
  340  The failure of an association to provide the records within 10
  341  working days after receipt of a written request creates a
  342  rebuttable presumption that the association willfully failed to
  343  comply with this paragraph. A unit owner who is denied access to
  344  official records is entitled to the actual damages or minimum
  345  damages for the association’s willful failure to comply. Minimum
  346  damages are $50 per calendar day for up to 10 days, beginning on
  347  the 11th working day after receipt of the written request. The
  348  failure to permit inspection entitles any person prevailing in
  349  an enforcement action to recover reasonable attorney fees from
  350  the person in control of the records who, directly or
  351  indirectly, knowingly denied access to the records. If the
  352  requested records are posted on an association’s website, or are
  353  available for download through an application on a mobile
  354  device, the association may fulfill its obligations as provided
  355  under this paragraph by directing all persons authorized to
  356  request access to official records pursuant to this paragraph to
  357  the website or mobile device application.
  358         b.In response to a written request to inspect records, the
  359  association must simultaneously provide a checklist to the
  360  requestor of all records made available for inspection and
  361  copying. The checklist must also identify any of the
  362  association’s official records that were not made available to
  363  the requestor. An association must maintain a checklist provided
  364  under this sub-subparagraph for 7 years. An association
  365  delivering a checklist pursuant to this sub-subparagraph creates
  366  a rebuttable presumption that the association has complied with
  367  this paragraph.
  368         2. Any director or member of the board or association or a
  369  community association manager who knowingly, willfully, and
  370  repeatedly violates subparagraph 1. commits a misdemeanor of the
  371  second degree, punishable as provided in s. 775.082 or s.
  372  775.083, and shall be deemed removed from office and a vacancy
  373  declared. For purposes of this subparagraph, the term
  374  “repeatedly” means two or more violations within a 12-month
  375  period.
  376         3.2. Any person who knowingly or intentionally defaces or
  377  destroys accounting records that are required by this chapter to
  378  be maintained during the period for which such records are
  379  required to be maintained, or who knowingly or intentionally
  380  fails to create or maintain accounting records that are required
  381  to be created or maintained, with the intent of causing harm to
  382  the association or one or more of its members, commits a
  383  misdemeanor of the first degree, punishable as provided in s.
  384  775.082 or 775.083, is personally subject to a civil penalty
  385  pursuant to s. 718.501(1)(d), and shall be deemed removed from
  386  office and a vacancy declared.
  387         4. Any person who willfully and knowingly refuses to
  388  release or otherwise produce association records with the intent
  389  to avoid or escape detection, arrest, trial, or punishment for
  390  the commission of a crime, or to assist another person with such
  391  avoidance or escape, commits a felony of the third degree,
  392  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  393  and shall be deemed removed from office and a vacancy declared.
  394         5.3. The association shall maintain an adequate number of
  395  copies of the declaration, articles of incorporation, bylaws,
  396  and rules, and all amendments to each of the foregoing, as well
  397  as the question and answer sheet as described in s. 718.504 and
  398  year-end financial information required under this section, on
  399  the condominium property to ensure their availability to unit
  400  owners and prospective purchasers, and may charge its actual
  401  costs for preparing and furnishing these documents to those
  402  requesting the documents. An association shall allow a member or
  403  his or her authorized representative to use a portable device,
  404  including a smartphone, tablet, portable scanner, or any other
  405  technology capable of scanning or taking photographs, to make an
  406  electronic copy of the official records in lieu of the
  407  association’s providing the member or his or her authorized
  408  representative with a copy of such records. The association may
  409  not charge a member or his or her authorized representative for
  410  the use of a portable device. Notwithstanding this paragraph,
  411  the following records are not accessible to unit owners:
  412         a. Any record protected by the lawyer-client privilege as
  413  described in s. 90.502 and any record protected by the work
  414  product privilege, including a record prepared by an association
  415  attorney or prepared at the attorney’s express direction, which
  416  reflects a mental impression, conclusion, litigation strategy,
  417  or legal theory of the attorney or the association, and which
  418  was prepared exclusively for civil or criminal litigation or for
  419  adversarial administrative proceedings, or which was prepared in
  420  anticipation of such litigation or proceedings until the
  421  conclusion of the litigation or proceedings.
  422         b. Information obtained by an association in connection
  423  with the approval of the lease, sale, or other transfer of a
  424  unit.
  425         c. Personnel records of association or management company
  426  employees, including, but not limited to, disciplinary, payroll,
  427  health, and insurance records. For purposes of this sub
  428  subparagraph, the term “personnel records” does not include
  429  written employment agreements with an association employee or
  430  management company, or budgetary or financial records that
  431  indicate the compensation paid to an association employee.
  432         d. Medical records of unit owners.
  433         e. Social security numbers, driver license numbers, credit
  434  card numbers, e-mail addresses, telephone numbers, facsimile
  435  numbers, emergency contact information, addresses of a unit
  436  owner other than as provided to fulfill the association’s notice
  437  requirements, and other personal identifying information of any
  438  person, excluding the person’s name, unit designation, mailing
  439  address, property address, and any address, e-mail address, or
  440  facsimile number provided to the association to fulfill the
  441  association’s notice requirements. Notwithstanding the
  442  restrictions in this sub-subparagraph, an association may print
  443  and distribute to unit owners a directory containing the name,
  444  unit address, and all telephone numbers of each unit owner.
  445  However, an owner may exclude his or her telephone numbers from
  446  the directory by so requesting in writing to the association. An
  447  owner may consent in writing to the disclosure of other contact
  448  information described in this sub-subparagraph. The association
  449  is not liable for the inadvertent disclosure of information that
  450  is protected under this sub-subparagraph if the information is
  451  included in an official record of the association and is
  452  voluntarily provided by an owner and not requested by the
  453  association.
  454         f. Electronic security measures that are used by the
  455  association to safeguard data, including passwords.
  456         g. The software and operating system used by the
  457  association which allow the manipulation of data, even if the
  458  owner owns a copy of the same software used by the association.
  459  The data is part of the official records of the association.
  460         h. All affirmative acknowledgments made pursuant to s.
  461  718.121(4)(c).
  462         (d) The association shall prepare a question and answer
  463  sheet as described in s. 718.504, and shall update it annually.
  464         (e)1. The association or its authorized agent is not
  465  required to provide a prospective purchaser or lienholder with
  466  information about the condominium or the association other than
  467  information or documents required by this chapter to be made
  468  available or disclosed. The association or its authorized agent
  469  may charge a reasonable fee to the prospective purchaser,
  470  lienholder, or the current unit owner for providing good faith
  471  responses to requests for information by or on behalf of a
  472  prospective purchaser or lienholder, other than that required by
  473  law, if the fee does not exceed $150 plus the reasonable cost of
  474  photocopying and any attorney’s fees incurred by the association
  475  in connection with the response.
  476         2. An association and its authorized agent are not liable
  477  for providing such information in good faith pursuant to a
  478  written request if the person providing the information includes
  479  a written statement in substantially the following form: “The
  480  responses herein are made in good faith and to the best of my
  481  ability as to their accuracy.”
  482         (f) An outgoing board or committee member must relinquish
  483  all official records and property of the association in his or
  484  her possession or under his or her control to the incoming board
  485  within 5 days after the election. The division shall impose a
  486  civil penalty as set forth in s. 718.501(1)(d)6. against an
  487  outgoing board or committee member who willfully and knowingly
  488  fails to relinquish such records and property.
  489         (g)1. By January 1, 2019, an association managing a
  490  condominium with 150 or more units which does not contain
  491  timeshare units shall post digital copies of the documents
  492  specified in subparagraph 2. on its website or make such
  493  documents available through an application that can be
  494  downloaded on a mobile device.
  495         a. The association’s website or application must be:
  496         (I) An independent website, application, or web portal
  497  wholly owned and operated by the association; or
  498         (II) A website, application, or web portal operated by a
  499  third-party provider with whom the association owns, leases,
  500  rents, or otherwise obtains the right to operate a web page,
  501  subpage, web portal, collection of subpages or web portals, or
  502  an application which is dedicated to the association’s
  503  activities and on which required notices, records, and documents
  504  may be posted or made available by the association.
  505         b. The association’s website or application must be
  506  accessible through the Internet and must contain a subpage, web
  507  portal, or other protected electronic location that is
  508  inaccessible to the general public and accessible only to unit
  509  owners and employees of the association.
  510         c. Upon a unit owner’s written request, the association
  511  must provide the unit owner with a username and password and
  512  access to the protected sections of the association’s website or
  513  application which contain any notices, records, or documents
  514  that must be electronically provided.
  515         2. A current copy of the following documents must be posted
  516  in digital format on the association’s website or application:
  517         a. The recorded declaration of condominium of each
  518  condominium operated by the association and each amendment to
  519  each declaration.
  520         b. The recorded bylaws of the association and each
  521  amendment to the bylaws.
  522         c. The articles of incorporation of the association, or
  523  other documents creating the association, and each amendment to
  524  the articles of incorporation or other documents. The copy
  525  posted pursuant to this sub-subparagraph must be a copy of the
  526  articles of incorporation filed with the Department of State.
  527         d. The rules of the association.
  528         e. A list of all executory contracts or documents to which
  529  the association is a party or under which the association or the
  530  unit owners have an obligation or responsibility and, after
  531  bidding for the related materials, equipment, or services has
  532  closed, a list of bids received by the association within the
  533  past year. Summaries of bids for materials, equipment, or
  534  services which exceed $500 must be maintained on the website or
  535  application for 1 year. In lieu of summaries, complete copies of
  536  the bids may be posted.
  537         f. The annual budget required by s. 718.112(2)(f) and any
  538  proposed budget to be considered at the annual meeting.
  539         g. The financial report required by subsection (13) and any
  540  monthly income or expense statement to be considered at a
  541  meeting.
  542         h. The certification of each director required by s.
  543  718.112(2)(d)4.b.
  544         i. All contracts or transactions between the association
  545  and any director, officer, corporation, firm, or association
  546  that is not an affiliated condominium association or any other
  547  entity in which an association director is also a director or
  548  officer and financially interested.
  549         j. Any contract or document regarding a conflict of
  550  interest or possible conflict of interest as provided in ss.
  551  468.4335, 468.436(2)(b)6., and 718.3027(3).
  552         k. The notice of any unit owner meeting and the agenda for
  553  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  554  days before the meeting. The notice must be posted in plain view
  555  on the front page of the website or application, or on a
  556  separate subpage of the website or application labeled “Notices”
  557  which is conspicuously visible and linked from the front page.
  558  The association must also post on its website or application any
  559  document to be considered and voted on by the owners during the
  560  meeting or any document listed on the agenda at least 7 days
  561  before the meeting at which the document or the information
  562  within the document will be considered.
  563         l. Notice of any board meeting, the agenda, and any other
  564  document required for the meeting as required by s.
  565  718.112(2)(c), which must be posted no later than the date
  566  required for notice under s. 718.112(2)(c).
  567         m. The inspection reports described in ss. 553.899 and
  568  718.301(4)(p) and any other inspection report relating to a
  569  structural or life safety inspection of condominium property.
  570         n. The association’s most recent structural integrity
  571  reserve study, if applicable.
  572         o. Copies of all building permits issued for ongoing or
  573  planned construction.
  574         3. The association shall ensure that the information and
  575  records described in paragraph (c), which are not allowed to be
  576  accessible to unit owners, are not posted on the association’s
  577  website or application. If protected information or information
  578  restricted from being accessible to unit owners is included in
  579  documents that are required to be posted on the association’s
  580  website or application, the association shall ensure the
  581  information is redacted before posting the documents.
  582  Notwithstanding the foregoing, the association or its agent is
  583  not liable for disclosing information that is protected or
  584  restricted under this paragraph unless such disclosure was made
  585  with a knowing or intentional disregard of the protected or
  586  restricted nature of such information.
  587         4. The failure of the association to post information
  588  required under subparagraph 2. is not in and of itself
  589  sufficient to invalidate any action or decision of the
  590  association’s board or its committees.
  591         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  592  the fiscal year, or annually on a date provided in the bylaws,
  593  the association shall prepare and complete, or contract for the
  594  preparation and completion of, a financial report for the
  595  preceding fiscal year. Within 21 days after the final financial
  596  report is completed by the association or received from the
  597  third party, but not later than 120 days after the end of the
  598  fiscal year or other date as provided in the bylaws, the
  599  association shall deliver mail to each unit owner, by United
  600  States mail or personal delivery at the mailing address,
  601  property address, e-mail address, or facsimile number provided
  602  to fulfill the association’s notice requirements at the address
  603  last furnished to the association by the unit owner, or hand
  604  deliver to each unit owner, a copy of the management letter or
  605  opinion letter, as applicable, for the most recent financial
  606  report, and or a notice that a copy of the most recent financial
  607  report will be mailed or hand delivered to the unit owner,
  608  without charge, within 5 business days after receipt of a
  609  written request from the unit owner. The division shall adopt
  610  rules setting forth uniform accounting principles and standards
  611  to be used by all associations and addressing the financial
  612  reporting requirements for multicondominium associations. The
  613  rules must include, but not be limited to, standards for
  614  presenting a summary of association reserves, including a good
  615  faith estimate disclosing the annual amount of reserve funds
  616  that would be necessary for the association to fully fund
  617  reserves for each reserve item based on the straight-line
  618  accounting method. This disclosure is not applicable to reserves
  619  funded via the pooling method. In adopting such rules, the
  620  division shall consider the number of members and annual
  621  revenues of an association. Financial reports shall be prepared
  622  as follows:
  623         (a) An association that meets the criteria of this
  624  paragraph shall prepare a complete set of financial statements
  625  in accordance with generally accepted accounting principles. The
  626  financial statements must be based upon the association’s total
  627  annual revenues, as follows:
  628         1. An association with total annual revenues of $150,000 or
  629  more, but less than $300,000, shall prepare compiled financial
  630  statements.
  631         2. An association with total annual revenues of at least
  632  $300,000, but less than $500,000, shall prepare reviewed
  633  financial statements.
  634         3. An association with total annual revenues of $500,000 or
  635  more shall prepare audited financial statements.
  636         (b)1. An association with total annual revenues of less
  637  than $150,000 shall prepare a report of cash receipts and
  638  expenditures.
  639         2. A report of cash receipts and disbursements must
  640  disclose the amount of receipts by accounts and receipt
  641  classifications and the amount of expenses by accounts and
  642  expense classifications, including, but not limited to, the
  643  following, as applicable: costs for security, professional and
  644  management fees and expenses, taxes, costs for recreation
  645  facilities, expenses for refuse collection and utility services,
  646  expenses for lawn care, costs for building maintenance and
  647  repair, insurance costs, administration and salary expenses, and
  648  reserves accumulated and expended for capital expenditures,
  649  planned deferred maintenance, and any other category for which
  650  the association maintains reserves.
  651         (c) An association may prepare, without a meeting of or
  652  approval by the unit owners:
  653         1. Compiled, reviewed, or audited financial statements, if
  654  the association is required to prepare a report of cash receipts
  655  and expenditures;
  656         2. Reviewed or audited financial statements, if the
  657  association is required to prepare compiled financial
  658  statements; or
  659         3. Audited financial statements if the association is
  660  required to prepare reviewed financial statements.
  661         (d) Unless an association invests funds pursuant to
  662  paragraph (16)(b), and only if approved by a majority of the
  663  voting interests present at a properly called meeting of the
  664  association, an association may prepare:
  665         1. A report of cash receipts and expenditures in lieu of a
  666  compiled, reviewed, or audited financial statement;
  667         2. A report of cash receipts and expenditures or a compiled
  668  financial statement in lieu of a reviewed or audited financial
  669  statement; or
  670         3. A report of cash receipts and expenditures, a compiled
  671  financial statement, or a reviewed financial statement in lieu
  672  of an audited financial statement.
  673  
  674  Such meeting and approval must occur before the end of the
  675  fiscal year and is effective only for the fiscal year in which
  676  the vote is taken. An association may not prepare a financial
  677  report pursuant to this paragraph for consecutive fiscal years,
  678  except that the approval may also be effective for the following
  679  fiscal year. If the developer has not turned over control of the
  680  association, all unit owners, including the developer, may vote
  681  on issues related to the preparation of the association’s
  682  financial reports, from the date of incorporation of the
  683  association through the end of the second fiscal year after the
  684  fiscal year in which the certificate of a surveyor and mapper is
  685  recorded pursuant to s. 718.104(4)(e) or an instrument that
  686  transfers title to a unit in the condominium which is not
  687  accompanied by a recorded assignment of developer rights in
  688  favor of the grantee of such unit is recorded, whichever occurs
  689  first. Thereafter, all unit owners except the developer may vote
  690  on such issues until control is turned over to the association
  691  by the developer. Any audit or review prepared under this
  692  section shall be paid for by the developer if done before
  693  turnover of control of the association.
  694         (e) A unit owner may provide written notice to the division
  695  of the association’s failure to mail or hand deliver him or her
  696  a copy of the most recent financial report within 5 business
  697  days after he or she submitted a written request to the
  698  association for a copy of such report. If the division
  699  determines that the association failed to mail or hand deliver a
  700  copy of the most recent financial report to the unit owner, the
  701  division shall provide written notice to the association that
  702  the association must mail or hand deliver a copy of the most
  703  recent financial report to the unit owner and the division
  704  within 5 business days after it receives such notice from the
  705  division. An association that fails to comply with the
  706  division’s request may not waive the financial reporting
  707  requirement provided in paragraph (d) for the fiscal year in
  708  which the unit owner’s request was made and the following fiscal
  709  year. A financial report received by the division pursuant to
  710  this paragraph shall be maintained, and the division shall
  711  provide a copy of such report to an association member upon his
  712  or her request.
  713         (f) If an association invests funds pursuant to paragraph
  714  (16)(b), the association must prepare financial statements
  715  pursuant to paragraphs (a) and (b).
  716         (15) DEBIT CARDS.—
  717         (a) An association and its officers, directors, employees,
  718  and agents may not use a debit card issued in the name of the
  719  association, or billed directly to the association, for the
  720  payment of any association expense.
  721         (b) A person who uses Use of a debit card issued in the
  722  name of the association, or billed directly to the association,
  723  for any expense that is not a lawful obligation of the
  724  association commits theft under s. 812.014, and shall be deemed
  725  removed from office and a vacancy declared. For the purposes of
  726  this paragraph, the term “lawful obligation of the association”
  727  means an obligation that has been properly preapproved by the
  728  board and is reflected in the meeting minutes or the written
  729  budget may be prosecuted as credit card fraud pursuant to s.
  730  817.61.
  731         (16) INVESTMENT OF ASSOCIATION FUNDS.—
  732         (a) A board, in fulfilling its duty to manage operating and
  733  reserve funds of an association, must use best efforts to make
  734  prudent investment decisions that carefully consider risk and
  735  return in an effort to maximize returns on invested funds.
  736         (b) An association, including a multicondominium
  737  association, may invest reserve funds in one or any combination
  738  of depository accounts at a community bank, savings bank,
  739  commercial bank, savings and loan association, or credit union
  740  if the respective account balance at any institution does not
  741  exceed the amount of deposit insurance per account provided by
  742  any agency of the Federal Government or as otherwise available.
  743  Notwithstanding any declaration, only funds identified as
  744  reserve funds may be invested pursuant to this subsection.
  745         (c) The board shall create an investment committee composed
  746  of at least two board members and two-unit non-board member unit
  747  owners. The board shall also adopt rules for invested funds,
  748  including, but not limited to, rules requiring periodic reviews
  749  of any investment manager’s performance, the development of an
  750  investment policy statement, and that all meetings of the
  751  investment committee be recorded and made part of the official
  752  records of the association. The investment policy statement
  753  developed pursuant to this paragraph must, at a minimum, address
  754  risk, liquidity, and benchmark measurements; authorized classes
  755  of investments; authorized investment mixes; limitations on
  756  authority relating to investment transactions; requirements for
  757  projected reserve expenditures within, at minimum, the next 24
  758  months to be held in cash or cash equivalents; projected
  759  expenditures relating to an inspection performed pursuant to s.
  760  553.899; and protocols for proxy response.
  761         (d) The investment committee shall recommend investment
  762  advisers to the board, and the board shall select one of the
  763  recommended investment advisers to provide services to the
  764  association. Such investment advisers must be registered or have
  765  notice filed under s. 517.12. The investment adviser and any
  766  representative or association of the investment adviser may not
  767  be related by affinity or consanguinity to, or under common
  768  ownership with, any board member, community management company,
  769  reserve study provider, or unit owner. The investment adviser
  770  shall comply with the prudent investor rule in s. 518.11. The
  771  investment adviser shall act as a fiduciary to the association
  772  in compliance with the standards set forth in the Employee
  773  Retirement Income Security Act of 1974 at 29 U.S.C. s.
  774  1104(a)(1)(A)-(C). In case of conflict with other provisions of
  775  law authorizing investments, the investment and fiduciary
  776  standards set forth in this paragraph must prevail. If at any
  777  time the investment committee determines that an investment
  778  adviser does not meet the requirements of this section, the
  779  investment committee must recommend a replacement investment
  780  adviser to the board.
  781         (e) At least once each calendar year, or sooner if a
  782  substantial financial obligation of the association becomes
  783  known to the board, the association must provide the investment
  784  adviser with the association’s investment policy statement, the
  785  most recent reserve study report, the association’s structural
  786  integrity report, and the financial reports prepared pursuant to
  787  subsection (13). If there is no recent reserve study report, the
  788  association must provide the investment adviser with a good
  789  faith estimate disclosing the annual amount of reserve funds
  790  necessary for the association to fully fund reserves for the
  791  life of each reserve component and each component’s
  792  redundancies. The investment adviser shall annually review these
  793  documents and provide the association with a portfolio
  794  allocation model that is suitably structured and prudently
  795  designed to match projected annual reserve fund requirements and
  796  liability, assets, and liquidity requirements. The investment
  797  adviser shall prepare a funding projection for each reserve
  798  component, including any of the component’s redundancies. There
  799  must be a minimum of 24 months of projected reserves in cash or
  800  cash equivalents available to the association at all times.
  801         (f) Portfolios managed by the investment adviser may
  802  contain any type of investment necessary to meet the objectives
  803  in the investment policy statement; however, portfolios may not
  804  contain stocks, securities, or other obligations that the State
  805  Board of Administration is prohibited from investing in under s.
  806  215.471, s. 215.4725, or s. 215.473 or that state agencies are
  807  prohibited from investing in under s. 215.472, as determined by
  808  the investment adviser. Any funds invested by the investment
  809  adviser must be held in third party custodial accounts that are
  810  subject to insurance coverage by the Securities Investor
  811  Protection Corporation in an amount equal to or greater than the
  812  invested amount. The investment adviser may withdraw investment
  813  fees, expenses, and commissions from invested funds.
  814         (g) The investment adviser shall:
  815         1. Annually provide the association with a written
  816  certification of compliance with this section and a list of
  817  stocks, securities, and other obligations that are prohibited
  818  from being in association portfolios under paragraph (f); and
  819         2. Submit monthly, quarterly, and annual reports to the
  820  association which are prepared in accordance with established
  821  financial industry standards and in accordance with chapter 517.
  822         (h) Any principal, earnings, or interest managed under this
  823  subsection must be available at no cost or charge to the
  824  association within 15 business days after delivery of the
  825  association’s written or electronic request.
  826         (i) Unallocated income earned on reserve fund investments
  827  may be spent only on capital expenditures, planned maintenance,
  828  structural repairs, or other items for which the reserve
  829  accounts have been established. Any surplus of funds which
  830  exceeds the amount required to maintain reasonably funded
  831  reserves must be managed pursuant to s. 718.115.
  832         Section 7. Effective January 1, 2026, paragraph (g) of
  833  subsection (12) of section 718.111, Florida Statutes, as amended
  834  by this act, is amended to read:
  835         718.111 The association.—
  836         (12) OFFICIAL RECORDS.—
  837         (g)1. By January 1, 2019, An association managing a
  838  condominium with 25 150 or more units which does not contain
  839  timeshare units shall post digital copies of the documents
  840  specified in subparagraph 2. on its website or make such
  841  documents available through an application that can be
  842  downloaded on a mobile device.
  843         a. The association’s website or application must be:
  844         (I) An independent website, application, or web portal
  845  wholly owned and operated by the association; or
  846         (II) A website, application, or web portal operated by a
  847  third-party provider with whom the association owns, leases,
  848  rents, or otherwise obtains the right to operate a web page,
  849  subpage, web portal, collection of subpages or web portals, or
  850  an application which is dedicated to the association’s
  851  activities and on which required notices, records, and documents
  852  may be posted or made available by the association.
  853         b. The association’s website or application must be
  854  accessible through the Internet and must contain a subpage, web
  855  portal, or other protected electronic location that is
  856  inaccessible to the general public and accessible only to unit
  857  owners and employees of the association.
  858         c. Upon a unit owner’s written request, the association
  859  must provide the unit owner with a username and password and
  860  access to the protected sections of the association’s website or
  861  application which contain any notices, records, or documents
  862  that must be electronically provided.
  863         2. A current copy of the following documents must be posted
  864  in digital format on the association’s website or application:
  865         a. The recorded declaration of condominium of each
  866  condominium operated by the association and each amendment to
  867  each declaration.
  868         b. The recorded bylaws of the association and each
  869  amendment to the bylaws.
  870         c. The articles of incorporation of the association, or
  871  other documents creating the association, and each amendment to
  872  the articles of incorporation or other documents. The copy
  873  posted pursuant to this sub-subparagraph must be a copy of the
  874  articles of incorporation filed with the Department of State.
  875         d. The rules of the association.
  876         e. A list of all executory contracts or documents to which
  877  the association is a party or under which the association or the
  878  unit owners have an obligation or responsibility and, after
  879  bidding for the related materials, equipment, or services has
  880  closed, a list of bids received by the association within the
  881  past year. Summaries of bids for materials, equipment, or
  882  services which exceed $500 must be maintained on the website or
  883  application for 1 year. In lieu of summaries, complete copies of
  884  the bids may be posted.
  885         f. The annual budget required by s. 718.112(2)(f) and any
  886  proposed budget to be considered at the annual meeting.
  887         g. The financial report required by subsection (13) and any
  888  monthly income or expense statement to be considered at a
  889  meeting.
  890         h. The certification of each director required by s.
  891  718.112(2)(d)4.b.
  892         i. All contracts or transactions between the association
  893  and any director, officer, corporation, firm, or association
  894  that is not an affiliated condominium association or any other
  895  entity in which an association director is also a director or
  896  officer and financially interested.
  897         j. Any contract or document regarding a conflict of
  898  interest or possible conflict of interest as provided in ss.
  899  468.4335, 468.436(2)(b)6., and 718.3027(3).
  900         k. The notice of any unit owner meeting and the agenda for
  901  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  902  days before the meeting. The notice must be posted in plain view
  903  on the front page of the website or application, or on a
  904  separate subpage of the website or application labeled “Notices”
  905  which is conspicuously visible and linked from the front page.
  906  The association must also post on its website or application any
  907  document to be considered and voted on by the owners during the
  908  meeting or any document listed on the agenda at least 7 days
  909  before the meeting at which the document or the information
  910  within the document will be considered.
  911         l. Notice of any board meeting, the agenda, and any other
  912  document required for the meeting as required by s.
  913  718.112(2)(c), which must be posted no later than the date
  914  required for notice under s. 718.112(2)(c).
  915         m. The inspection reports described in ss. 553.899 and
  916  718.301(4)(p) and any other inspection report relating to a
  917  structural or life safety inspection of condominium property.
  918         n. The association’s most recent structural integrity
  919  reserve study, if applicable.
  920         o. Copies of all building permits issued for ongoing or
  921  planned construction.
  922         3. The association shall ensure that the information and
  923  records described in paragraph (c), which are not allowed to be
  924  accessible to unit owners, are not posted on the association’s
  925  website or application. If protected information or information
  926  restricted from being accessible to unit owners is included in
  927  documents that are required to be posted on the association’s
  928  website or application, the association shall ensure the
  929  information is redacted before posting the documents.
  930  Notwithstanding the foregoing, the association or its agent is
  931  not liable for disclosing information that is protected or
  932  restricted under this paragraph unless such disclosure was made
  933  with a knowing or intentional disregard of the protected or
  934  restricted nature of such information.
  935         4. The failure of the association to post information
  936  required under subparagraph 2. is not in and of itself
  937  sufficient to invalidate any action or decision of the
  938  association’s board or its committees.
  939         Section 8. Paragraphs (c), (d), (f), (g), (i), and (q) of
  940  subsection (2) of section 718.112, Florida Statutes, are
  941  amended, and paragraph (r) is added to that section, to read:
  942         718.112 Bylaws.—
  943         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  944  following and, if they do not do so, shall be deemed to include
  945  the following:
  946         (c) Board of administration meetings.In a residential
  947  condominium association of more than 10 units, the board of
  948  administration shall meet at least once each quarter for the
  949  purpose of responding to inquiries from members and informing
  950  members on the state of the condominium, including the status of
  951  any construction or repair projects, the status of the
  952  association’s revenue and expenditures during the fiscal year,
  953  or other issues affecting the association. Meetings of the board
  954  of administration at which a quorum of the members is present
  955  are open to all unit owners. Members of the board of
  956  administration may use e-mail as a means of communication but
  957  may not cast a vote on an association matter via e-mail. A unit
  958  owner may tape record or videotape the meetings. The right to
  959  attend such meetings includes the right to speak at such
  960  meetings with reference to all designated agenda items. The
  961  division shall adopt reasonable rules governing the tape
  962  recording and videotaping of the meeting. The association may
  963  adopt written reasonable rules governing the frequency,
  964  duration, and manner of unit owner statements.
  965         1. Adequate notice of all board meetings, which must
  966  specifically identify all agenda items, must be posted
  967  conspicuously on the condominium property at least 48 continuous
  968  hours before the meeting except in an emergency. If 20 percent
  969  of the voting interests petition the board to address an item of
  970  business, the board, within 90 60 days after receipt of the
  971  petition, shall place the item on the agenda at its next regular
  972  board meeting or at a special meeting called for that purpose.
  973  An item not included on the notice may be taken up on an
  974  emergency basis by a vote of at least a majority plus one of the
  975  board members. Such emergency action must be noticed and
  976  ratified at the next regular board meeting. Written notice of a
  977  meeting at which a nonemergency special assessment or an
  978  amendment to rules regarding unit use will be considered must be
  979  mailed, delivered, or electronically transmitted to the unit
  980  owners and posted conspicuously on the condominium property at
  981  least 14 days before the meeting. Evidence of compliance with
  982  this 14-day notice requirement must be made by an affidavit
  983  executed by the person providing the notice and filed with the
  984  official records of the association. Notice of any meeting in
  985  which regular or special assessments against unit owners are to
  986  be considered must specifically state that assessments will be
  987  considered and provide the estimated cost and description of the
  988  purposes for such assessments.
  989         2. Upon notice to the unit owners, the board shall, by duly
  990  adopted rule, designate a specific location on the condominium
  991  property where all notices of board meetings must be posted. If
  992  there is no condominium property where notices can be posted,
  993  notices shall be mailed, delivered, or electronically
  994  transmitted to each unit owner at least 14 days before the
  995  meeting. In lieu of or in addition to the physical posting of
  996  the notice on the condominium property, the association may, by
  997  reasonable rule, adopt a procedure for conspicuously posting and
  998  repeatedly broadcasting the notice and the agenda on a closed
  999  circuit cable television system serving the condominium
 1000  association. However, if broadcast notice is used in lieu of a
 1001  notice physically posted on condominium property, the notice and
 1002  agenda must be broadcast at least four times every broadcast
 1003  hour of each day that a posted notice is otherwise required
 1004  under this section. If broadcast notice is provided, the notice
 1005  and agenda must be broadcast in a manner and for a sufficient
 1006  continuous length of time so as to allow an average reader to
 1007  observe the notice and read and comprehend the entire content of
 1008  the notice and the agenda. In addition to any of the authorized
 1009  means of providing notice of a meeting of the board, the
 1010  association may, by rule, adopt a procedure for conspicuously
 1011  posting the meeting notice and the agenda on a website serving
 1012  the condominium association for at least the minimum period of
 1013  time for which a notice of a meeting is also required to be
 1014  physically posted on the condominium property. Any rule adopted
 1015  shall, in addition to other matters, include a requirement that
 1016  the association send an electronic notice in the same manner as
 1017  a notice for a meeting of the members, which must include a
 1018  hyperlink to the website where the notice is posted, to unit
 1019  owners whose e-mail addresses are included in the association’s
 1020  official records.
 1021         3. Notice of any meeting in which regular or special
 1022  assessments against unit owners are to be considered must
 1023  specifically state that assessments will be considered and
 1024  provide the estimated cost and description of the purposes for
 1025  such assessments. If an agenda item relates to the approval of a
 1026  contract for goods or services, a copy of the contract must be
 1027  provided with the notice, made available for inspection and
 1028  copying upon a written request from a unit owner, or made
 1029  available on the association’s website or through an application
 1030  that can be downloaded on a mobile device.
 1031         4.2. Meetings of a committee to take final action on behalf
 1032  of the board or make recommendations to the board regarding the
 1033  association budget are subject to this paragraph. Meetings of a
 1034  committee that does not take final action on behalf of the board
 1035  or make recommendations to the board regarding the association
 1036  budget are subject to this section, unless those meetings are
 1037  exempted from this section by the bylaws of the association.
 1038         5.3. Notwithstanding any other law, the requirement that
 1039  board meetings and committee meetings be open to the unit owners
 1040  does not apply to:
 1041         a. Meetings between the board or a committee and the
 1042  association’s attorney, with respect to proposed or pending
 1043  litigation, if the meeting is held for the purpose of seeking or
 1044  rendering legal advice; or
 1045         b. Board meetings held for the purpose of discussing
 1046  personnel matters.
 1047         (d) Unit owner meetings.—
 1048         1. An annual meeting of the unit owners must be held at the
 1049  location provided in the association bylaws and, if the bylaws
 1050  are silent as to the location, the meeting must be held within
 1051  45 miles of the condominium property. However, such distance
 1052  requirement does not apply to an association governing a
 1053  timeshare condominium.
 1054         2. Unless the bylaws provide otherwise, a vacancy on the
 1055  board caused by the expiration of a director’s term must be
 1056  filled by electing a new board member, and the election must be
 1057  by secret ballot. An election is not required if the number of
 1058  vacancies equals or exceeds the number of candidates. For
 1059  purposes of this paragraph, the term “candidate” means an
 1060  eligible person who has timely submitted the written notice, as
 1061  described in sub-subparagraph 4.a., of his or her intention to
 1062  become a candidate. Except in a timeshare or nonresidential
 1063  condominium, or if the staggered term of a board member does not
 1064  expire until a later annual meeting, or if all members’ terms
 1065  would otherwise expire but there are no candidates, the terms of
 1066  all board members expire at the annual meeting, and such members
 1067  may stand for reelection unless prohibited by the bylaws. Board
 1068  members may serve terms longer than 1 year if permitted by the
 1069  bylaws or articles of incorporation. A board member may not
 1070  serve more than 8 consecutive years unless approved by an
 1071  affirmative vote of unit owners representing two-thirds of all
 1072  votes cast in the election or unless there are not enough
 1073  eligible candidates to fill the vacancies on the board at the
 1074  time of the vacancy. Only board service that occurs on or after
 1075  July 1, 2018, may be used when calculating a board member’s term
 1076  limit. If the number of board members whose terms expire at the
 1077  annual meeting equals or exceeds the number of candidates, the
 1078  candidates become members of the board effective upon the
 1079  adjournment of the annual meeting. Unless the bylaws provide
 1080  otherwise, any remaining vacancies shall be filled by the
 1081  affirmative vote of the majority of the directors making up the
 1082  newly constituted board even if the directors constitute less
 1083  than a quorum or there is only one director. In a residential
 1084  condominium association of more than 10 units or in a
 1085  residential condominium association that does not include
 1086  timeshare units or timeshare interests, co-owners of a unit may
 1087  not serve as members of the board of directors at the same time
 1088  unless they own more than one unit or unless there are not
 1089  enough eligible candidates to fill the vacancies on the board at
 1090  the time of the vacancy. A unit owner in a residential
 1091  condominium desiring to be a candidate for board membership must
 1092  comply with sub-subparagraph 4.a. and must be eligible to be a
 1093  candidate to serve on the board of directors at the time of the
 1094  deadline for submitting a notice of intent to run in order to
 1095  have his or her name listed as a proper candidate on the ballot
 1096  or to serve on the board. A person who has been suspended or
 1097  removed by the division under this chapter, or who is delinquent
 1098  in the payment of any assessment due to the association, is not
 1099  eligible to be a candidate for board membership and may not be
 1100  listed on the ballot. For purposes of this paragraph, a person
 1101  is delinquent if a payment is not made by the due date as
 1102  specifically identified in the declaration of condominium,
 1103  bylaws, or articles of incorporation. If a due date is not
 1104  specifically identified in the declaration of condominium,
 1105  bylaws, or articles of incorporation, the due date is the first
 1106  day of the assessment period. A person who has been convicted of
 1107  any felony in this state or in a United States District or
 1108  Territorial Court, or who has been convicted of any offense in
 1109  another jurisdiction which would be considered a felony if
 1110  committed in this state, is not eligible for board membership
 1111  unless such felon’s civil rights have been restored for at least
 1112  5 years as of the date such person seeks election to the board.
 1113  The validity of an action by the board is not affected if it is
 1114  later determined that a board member is ineligible for board
 1115  membership due to having been convicted of a felony. This
 1116  subparagraph does not limit the term of a member of the board of
 1117  a nonresidential or timeshare condominium.
 1118         3. The bylaws must provide the method of calling meetings
 1119  of unit owners, including annual meetings. Written notice of an
 1120  annual meeting must include an agenda; be mailed, hand
 1121  delivered, or electronically transmitted to each unit owner at
 1122  least 14 days before the annual meeting; and be posted in a
 1123  conspicuous place on the condominium property or association
 1124  property at least 14 continuous days before the annual meeting.
 1125  Written notice of a meeting other than an annual meeting must
 1126  include an agenda; be mailed, hand delivered, or electronically
 1127  transmitted to each unit owner; and be posted in a conspicuous
 1128  place on the condominium property or association property within
 1129  the timeframe specified in the bylaws. If the bylaws do not
 1130  specify a timeframe for written notice of a meeting other than
 1131  an annual meeting, notice must be provided at least 14
 1132  continuous days before the meeting. Upon notice to the unit
 1133  owners, the board shall, by duly adopted rule, designate a
 1134  specific location on the condominium property or association
 1135  property where all notices of unit owner meetings must be
 1136  posted. This requirement does not apply if there is no
 1137  condominium property for posting notices. In lieu of, or in
 1138  addition to, the physical posting of meeting notices, the
 1139  association may, by reasonable rule, adopt a procedure for
 1140  conspicuously posting and repeatedly broadcasting the notice and
 1141  the agenda on a closed-circuit cable television system serving
 1142  the condominium association. However, if broadcast notice is
 1143  used in lieu of a notice posted physically on the condominium
 1144  property, the notice and agenda must be broadcast at least four
 1145  times every broadcast hour of each day that a posted notice is
 1146  otherwise required under this section. If broadcast notice is
 1147  provided, the notice and agenda must be broadcast in a manner
 1148  and for a sufficient continuous length of time so as to allow an
 1149  average reader to observe the notice and read and comprehend the
 1150  entire content of the notice and the agenda. In addition to any
 1151  of the authorized means of providing notice of a meeting of the
 1152  board, the association may, by rule, adopt a procedure for
 1153  conspicuously posting the meeting notice and the agenda on a
 1154  website serving the condominium association for at least the
 1155  minimum period of time for which a notice of a meeting is also
 1156  required to be physically posted on the condominium property.
 1157  Any rule adopted shall, in addition to other matters, include a
 1158  requirement that the association send an electronic notice in
 1159  the same manner as a notice for a meeting of the members, which
 1160  must include a hyperlink to the website where the notice is
 1161  posted, to unit owners whose e-mail addresses are included in
 1162  the association’s official records. Unless a unit owner waives
 1163  in writing the right to receive notice of the annual meeting,
 1164  such notice must be hand delivered, mailed, or electronically
 1165  transmitted to each unit owner. Notice for meetings and notice
 1166  for all other purposes must be mailed to each unit owner at the
 1167  address last furnished to the association by the unit owner, or
 1168  hand delivered to each unit owner. However, if a unit is owned
 1169  by more than one person, the association must provide notice to
 1170  the address that the developer identifies for that purpose and
 1171  thereafter as one or more of the owners of the unit advise the
 1172  association in writing, or if no address is given or the owners
 1173  of the unit do not agree, to the address provided on the deed of
 1174  record. An officer of the association, or the manager or other
 1175  person providing notice of the association meeting, must provide
 1176  an affidavit or United States Postal Service certificate of
 1177  mailing, to be included in the official records of the
 1178  association affirming that the notice was mailed or hand
 1179  delivered in accordance with this provision.
 1180         4. The members of the board of a residential condominium
 1181  shall be elected by written ballot or voting machine. Proxies
 1182  may not be used in electing the board in general elections or
 1183  elections to fill vacancies caused by recall, resignation, or
 1184  otherwise, unless otherwise provided in this chapter. This
 1185  subparagraph does not apply to an association governing a
 1186  timeshare condominium.
 1187         a. At least 60 days before a scheduled election, the
 1188  association shall mail, deliver, or electronically transmit, by
 1189  separate association mailing or included in another association
 1190  mailing, delivery, or transmission, including regularly
 1191  published newsletters, to each unit owner entitled to a vote, a
 1192  first notice of the date of the election. A unit owner or other
 1193  eligible person desiring to be a candidate for the board must
 1194  give written notice of his or her intent to be a candidate to
 1195  the association at least 40 days before a scheduled election.
 1196  Together with the written notice and agenda as set forth in
 1197  subparagraph 3., the association shall mail, deliver, or
 1198  electronically transmit a second notice of the election to all
 1199  unit owners entitled to vote, together with a ballot that lists
 1200  all candidates not less than 14 days or more than 34 days before
 1201  the date of the election. Upon request of a candidate, an
 1202  information sheet, no larger than 8 1/2 inches by 11 inches,
 1203  which must be furnished by the candidate at least 35 days before
 1204  the election, must be included with the mailing, delivery, or
 1205  transmission of the ballot, with the costs of mailing, delivery,
 1206  or electronic transmission and copying to be borne by the
 1207  association. The association is not liable for the contents of
 1208  the information sheets prepared by the candidates. In order to
 1209  reduce costs, the association may print or duplicate the
 1210  information sheets on both sides of the paper. The division
 1211  shall by rule establish voting procedures consistent with this
 1212  sub-subparagraph, including rules establishing procedures for
 1213  giving notice by electronic transmission and rules providing for
 1214  the secrecy of ballots. Elections shall be decided by a
 1215  plurality of ballots cast. There is no quorum requirement;
 1216  however, at least 20 percent of the eligible voters must cast a
 1217  ballot in order to have a valid election. A unit owner may not
 1218  authorize any other person to vote his or her ballot, and any
 1219  ballots improperly cast are invalid. A unit owner who violates
 1220  this provision may be fined by the association in accordance
 1221  with s. 718.303. A unit owner who needs assistance in casting
 1222  the ballot for the reasons stated in s. 101.051 may obtain such
 1223  assistance. The regular election must occur on the date of the
 1224  annual meeting. Notwithstanding this sub-subparagraph, an
 1225  election is not required unless more candidates file notices of
 1226  intent to run or are nominated than board vacancies exist.
 1227         b. A director of a Within 90 days after being elected or
 1228  appointed to the board of an association of a residential
 1229  condominium, each newly elected or appointed director shall:
 1230         (I) Certify in writing to the secretary of the association
 1231  that he or she has read the association’s declaration of
 1232  condominium, articles of incorporation, bylaws, and current
 1233  written policies; that he or she will work to uphold such
 1234  documents and policies to the best of his or her ability; and
 1235  that he or she will faithfully discharge his or her fiduciary
 1236  responsibility to the association’s members. In lieu of this
 1237  written certification, within 90 days after being elected or
 1238  appointed to the board, the newly elected or appointed director
 1239  may
 1240         (II) Submit to the secretary of the association a
 1241  certificate of having satisfactorily completed the educational
 1242  curriculum administered by the division or a division-approved
 1243  condominium education provider within 1 year before or 90 days
 1244  after the date of election or appointment.
 1245  
 1246  Each newly elected or appointed director must submit the written
 1247  certification and educational certificate to the secretary of
 1248  the association within 1 year before being elected or appointed
 1249  or within 90 days after the date of election or appointment. A
 1250  director of an association of a residential condominium who was
 1251  elected or appointed before July 1, 2024, must comply with the
 1252  written certification and educational certificate requirements
 1253  in this sub-subparagraph by June 30, 2025. The written
 1254  certification and or educational certificate is valid for 7
 1255  years from the date of issuance and does not have to be
 1256  resubmitted as long as the director serves on the board without
 1257  interruption during the 7-year period. A director who is
 1258  appointed by the developer may satisfy the educational
 1259  certificate requirement in sub-sub-subparagraph (II) for any
 1260  subsequent appointment to a board by a developer within 7 years
 1261  after the date of issuance of the most recent educational
 1262  certificate, including any interruption of service on a board or
 1263  an appointment to a board in another association within that 7
 1264  year period. Additionally, one year after submission of the most
 1265  recent written certification and educational certificate, and
 1266  annually thereafter, a director of an association of a
 1267  residential condominium must submit to the secretary of the
 1268  association a certificate of having satisfactorily completed an
 1269  educational curriculum administered by the division, or a
 1270  division-approved condominium education provider, relating to
 1271  any recent changes to this chapter and the related
 1272  administrative rules during the past year. A director of an
 1273  association of a residential condominium who fails to timely
 1274  file the written certification and or educational certificate is
 1275  suspended from service on the board until he or she complies
 1276  with this sub-subparagraph. The board may temporarily fill the
 1277  vacancy during the period of suspension. The secretary shall
 1278  cause the association to retain a director’s written
 1279  certification and or educational certificate for inspection by
 1280  the members for 7 5 years after a director’s election or the
 1281  duration of the director’s uninterrupted tenure, whichever is
 1282  longer. Failure to have such written certification and or
 1283  educational certificate on file does not affect the validity of
 1284  any board action.
 1285         c. Any challenge to the election process must be commenced
 1286  within 60 days after the election results are announced.
 1287         5. Any approval by unit owners called for by this chapter
 1288  or the applicable declaration or bylaws, including, but not
 1289  limited to, the approval requirement in s. 718.111(8), must be
 1290  made at a duly noticed meeting of unit owners and is subject to
 1291  all requirements of this chapter or the applicable condominium
 1292  documents relating to unit owner decisionmaking, except that
 1293  unit owners may take action by written agreement, without
 1294  meetings, on matters for which action by written agreement
 1295  without meetings is expressly allowed by the applicable bylaws
 1296  or declaration or any law that provides for such action.
 1297         6. Unit owners may waive notice of specific meetings if
 1298  allowed by the applicable bylaws or declaration or any law.
 1299  Notice of meetings of the board of administration; unit owner
 1300  meetings, except unit owner meetings called to recall board
 1301  members under paragraph (l); and committee meetings may be given
 1302  by electronic transmission to unit owners who consent to receive
 1303  notice by electronic transmission. A unit owner who consents to
 1304  receiving notices by electronic transmission is solely
 1305  responsible for removing or bypassing filters that block receipt
 1306  of mass e-mails sent to members on behalf of the association in
 1307  the course of giving electronic notices.
 1308         7. Unit owners have the right to participate in meetings of
 1309  unit owners with reference to all designated agenda items.
 1310  However, the association may adopt reasonable rules governing
 1311  the frequency, duration, and manner of unit owner participation.
 1312         8. A unit owner may tape record or videotape a meeting of
 1313  the unit owners subject to reasonable rules adopted by the
 1314  division.
 1315         9. Unless otherwise provided in the bylaws, any vacancy
 1316  occurring on the board before the expiration of a term may be
 1317  filled by the affirmative vote of the majority of the remaining
 1318  directors, even if the remaining directors constitute less than
 1319  a quorum, or by the sole remaining director. In the alternative,
 1320  a board may hold an election to fill the vacancy, in which case
 1321  the election procedures must conform to sub-subparagraph 4.a.
 1322  unless the association governs 10 units or fewer and has opted
 1323  out of the statutory election process, in which case the bylaws
 1324  of the association control. Unless otherwise provided in the
 1325  bylaws, a board member appointed or elected under this section
 1326  shall fill the vacancy for the unexpired term of the seat being
 1327  filled. Filling vacancies created by recall is governed by
 1328  paragraph (l) and rules adopted by the division.
 1329         10. This chapter does not limit the use of general or
 1330  limited proxies, require the use of general or limited proxies,
 1331  or require the use of a written ballot or voting machine for any
 1332  agenda item or election at any meeting of a timeshare
 1333  condominium association or nonresidential condominium
 1334  association.
 1335  
 1336  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1337  association of 10 or fewer units may, by affirmative vote of a
 1338  majority of the total voting interests, provide for different
 1339  voting and election procedures in its bylaws, which may be by a
 1340  proxy specifically delineating the different voting and election
 1341  procedures. The different voting and election procedures may
 1342  provide for elections to be conducted by limited or general
 1343  proxy.
 1344         (f) Annual budget.—
 1345         1. The proposed annual budget of estimated revenues and
 1346  expenses must be detailed and must show the amounts budgeted by
 1347  accounts and expense classifications, including, at a minimum,
 1348  any applicable expenses listed in s. 718.504(21). The board
 1349  shall adopt the annual budget at least 14 days before the start
 1350  of the association’s fiscal year. In the event that the board
 1351  fails to timely adopt the annual budget a second time, it is
 1352  deemed a minor violation and the prior year’s budget shall
 1353  continue in effect until a new budget is adopted. A
 1354  multicondominium association must adopt a separate budget of
 1355  common expenses for each condominium the association operates
 1356  and must adopt a separate budget of common expenses for the
 1357  association. In addition, if the association maintains limited
 1358  common elements with the cost to be shared only by those
 1359  entitled to use the limited common elements as provided for in
 1360  s. 718.113(1), the budget or a schedule attached to it must show
 1361  the amount budgeted for this maintenance. If, after turnover of
 1362  control of the association to the unit owners, any of the
 1363  expenses listed in s. 718.504(21) are not applicable, they do
 1364  not need to be listed.
 1365         2.a. In addition to annual operating expenses, the budget
 1366  must include reserve accounts for capital expenditures and
 1367  planned deferred maintenance. These accounts must include, but
 1368  are not limited to, roof replacement, building painting, and
 1369  pavement resurfacing, regardless of the amount of planned
 1370  deferred maintenance expense or replacement cost, and any other
 1371  item that has a planned deferred maintenance expense or
 1372  replacement cost that exceeds $10,000. The amount to be reserved
 1373  must be computed using a formula based upon estimated remaining
 1374  useful life and estimated replacement cost or planned deferred
 1375  maintenance expense of the reserve item. In a budget adopted by
 1376  an association that is required to obtain a structural integrity
 1377  reserve study, reserves must be maintained for the items
 1378  identified in paragraph (g) for which the association is
 1379  responsible pursuant to the declaration of condominium, and the
 1380  reserve amount for such items must be based on the findings and
 1381  recommendations of the association’s most recent structural
 1382  integrity reserve study. With respect to items for which an
 1383  estimate of useful life is not readily ascertainable or with an
 1384  estimated remaining useful life of greater than 25 years, an
 1385  association is not required to reserve replacement costs for
 1386  such items, but an association must reserve the amount of
 1387  planned deferred maintenance expense, if any, which is
 1388  recommended by the structural integrity reserve study for such
 1389  items. The association may adjust replacement reserve
 1390  assessments annually to take into account an inflation
 1391  adjustment and any changes in estimates or extension of the
 1392  useful life of a reserve item caused by planned deferred
 1393  maintenance. The members of a unit-owner-controlled association
 1394  may determine, by a majority vote of the total voting interests
 1395  of the association, to provide no reserves or less reserves than
 1396  required by this subsection. For a budget adopted on or after
 1397  December 31, 2024, the members of a unit-owner-controlled
 1398  association that must obtain a structural integrity reserve
 1399  study may not determine to provide no reserves or less reserves
 1400  than required by this subsection for items listed in paragraph
 1401  (g), except that members of an association operating a
 1402  multicondominium may determine to provide no reserves or less
 1403  reserves than required by this subsection if an alternative
 1404  funding method has been approved by the division. Additionally,
 1405  members of an association may determine to provide no reserves
 1406  or less reserves than required by this subsection if the
 1407  condominium building or units are unsafe and uninhabitable due
 1408  to substantial damage or loss as determined by the local
 1409  enforcement agency, as defined in s. 553.71(5), and it is in the
 1410  best interests of the association to use revenues and existing
 1411  reserve funds to perform necessary repairs to make the building
 1412  or units safe and habitable, but an association may not opt for
 1413  such a waiver of reserve requirements after the building or
 1414  units have been declared safe for occupancy by the local
 1415  enforcement agency.
 1416         b. Before turnover of control of an association by a
 1417  developer to unit owners other than a developer under s.
 1418  718.301, the developer-controlled association may not vote to
 1419  waive the reserves or reduce funding of the reserves. If a
 1420  meeting of the unit owners has been called to determine whether
 1421  to waive or reduce the funding of reserves and no such result is
 1422  achieved or a quorum is not attained, the reserves included in
 1423  the budget shall go into effect. After the turnover, the
 1424  developer may vote its voting interest to waive or reduce the
 1425  funding of reserves.
 1426         3. Reserve funds and any interest or earnings accruing
 1427  thereon shall remain in the reserve account or accounts, and may
 1428  be used only for authorized reserve expenditures unless their
 1429  use for other purposes is approved in advance by a majority vote
 1430  of all the total voting interests of the association. Before
 1431  turnover of control of an association by a developer to unit
 1432  owners other than the developer pursuant to s. 718.301, the
 1433  developer-controlled association may not vote to use reserves
 1434  for purposes other than those for which they were intended. For
 1435  a budget adopted on or after December 31, 2024, members of a
 1436  unit-owner-controlled association that must obtain a structural
 1437  integrity reserve study may not vote to use reserve funds, or
 1438  any interest accruing thereon, for any other purpose other than
 1439  the replacement or planned deferred maintenance costs of the
 1440  components listed in paragraph (g).
 1441         4. The only voting interests that are eligible to vote on
 1442  questions that involve waiving or reducing the funding of
 1443  reserves, or using existing reserve funds for purposes other
 1444  than purposes for which the reserves were intended, are the
 1445  voting interests of the units subject to assessment to fund the
 1446  reserves in question. Proxy questions relating to waiving or
 1447  reducing the funding of reserves or using existing reserve funds
 1448  for purposes other than purposes for which the reserves were
 1449  intended must contain the following statement in capitalized,
 1450  bold letters in a font size larger than any other used on the
 1451  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1452  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1453  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1454  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1455         (g) Structural integrity reserve study.—
 1456         1. A residential condominium association must have a
 1457  structural integrity reserve study completed at least every 10
 1458  years after the condominium’s creation for each building on the
 1459  condominium property that is three stories or higher in height,
 1460  as determined by the Florida Building Code, which includes, at a
 1461  minimum, a study of the following items as related to the
 1462  structural integrity and safety of the building:
 1463         a. Roof.
 1464         b. Structure, including load-bearing walls and other
 1465  primary structural members and primary structural systems as
 1466  those terms are defined in s. 627.706.
 1467         c. Fireproofing and fire protection systems.
 1468         d. Plumbing.
 1469         e. Electrical systems.
 1470         f. Waterproofing and exterior painting.
 1471         g. Windows and exterior doors.
 1472         h. Any other item that has a planned deferred maintenance
 1473  expense or replacement cost that exceeds $10,000 and the failure
 1474  to replace or maintain such item negatively affects the items
 1475  listed in sub-subparagraphs a.-g., as determined by the visual
 1476  inspection portion of the structural integrity reserve study.
 1477         2. A structural integrity reserve study is based on a
 1478  visual inspection of the condominium property. A structural
 1479  integrity reserve study may be performed by any person qualified
 1480  to perform such study. However, the visual inspection portion of
 1481  the structural integrity reserve study must be performed or
 1482  verified by an engineer licensed under chapter 471, an architect
 1483  licensed under chapter 481, or a person certified as a reserve
 1484  specialist or professional reserve analyst by the Community
 1485  Associations Institute or the Association of Professional
 1486  Reserve Analysts.
 1487         3. At a minimum, a structural integrity reserve study must
 1488  identify each item of the condominium property being visually
 1489  inspected, state the estimated remaining useful life and the
 1490  estimated replacement cost or planned deferred maintenance
 1491  expense of each item of the condominium property being visually
 1492  inspected, and provide a reserve funding schedule with a
 1493  recommended annual reserve amount that achieves the estimated
 1494  replacement cost or planned deferred maintenance expense of each
 1495  item of condominium property being visually inspected by the end
 1496  of the estimated remaining useful life of the item. The
 1497  structural integrity reserve study may recommend that reserves
 1498  do not need to be maintained for any item for which an estimate
 1499  of useful life and an estimate of replacement cost cannot be
 1500  determined, or the study may recommend a planned deferred
 1501  maintenance expense amount for such item. The structural
 1502  integrity reserve study may recommend that reserves for
 1503  replacement costs do not need to be maintained for any item with
 1504  an estimated remaining useful life of greater than 25 years, but
 1505  the study may recommend a planned deferred maintenance expense
 1506  amount for such item. If the condominium building or units are
 1507  unsafe and uninhabitable due to substantial damage or loss as
 1508  determined by the local enforcement agency, as defined in s.
 1509  533.71(5), and it is in the best interests of the association to
 1510  use revenues and existing reserve funds to perform necessary
 1511  repairs to make the building safe and habitable, the structural
 1512  integrity reserve study may recommend a temporary pause in
 1513  reserve funding or reduced reserve funding, but the association
 1514  may not pause reserve funding after the building has been
 1515  declared safe for occupancy by the local enforcement agency.
 1516         4. This paragraph does not apply to buildings less than
 1517  three stories in height; single-family, two-family, or three
 1518  family dwellings with three or fewer habitable stories above
 1519  ground; any portion or component of a building that has not been
 1520  submitted to the condominium form of ownership; or any portion
 1521  or component of a building that is maintained by a party other
 1522  than the association.
 1523         5. Before a developer turns over control of an association
 1524  to unit owners other than the developer, the developer must have
 1525  a turnover inspection report in compliance with s. 718.301(4)(p)
 1526  and (q) for each building on the condominium property that is
 1527  three stories or higher in height.
 1528         6. Associations existing on or before July 1, 2022, which
 1529  are controlled by unit owners other than the developer, must
 1530  have a structural integrity reserve study completed by December
 1531  31, 2024, for each building on the condominium property that is
 1532  three stories or higher in height, except that the structural
 1533  integrity reserve study may be completed after December 31,
 1534  2024, if the association has entered into a contract for the
 1535  performance of a structural integrity reserve study and the
 1536  study cannot reasonably be performed or completed by December
 1537  31, 2024. An association that is required to complete a
 1538  milestone inspection in accordance with s. 553.899 on or before
 1539  December 31, 2026, may complete the structural integrity reserve
 1540  study simultaneously with the milestone inspection. In no event
 1541  may the structural integrity reserve study be completed after
 1542  December 31, 2026.
 1543         7. If the milestone inspection required by s. 553.899, or
 1544  an inspection completed for a similar local requirement, was
 1545  performed within the past 5 years and meets the requirements of
 1546  this paragraph, such inspection may be used in place of the
 1547  visual inspection portion of the structural integrity reserve
 1548  study.
 1549         8. If the officers or directors of an association willfully
 1550  and knowingly fail to complete a structural integrity reserve
 1551  study pursuant to this paragraph, such failure is a breach of an
 1552  officer’s and director’s fiduciary relationship to the unit
 1553  owners under s. 718.111(1).
 1554         9. Within 45 days after receiving the structural integrity
 1555  reserve study, the association must distribute a copy of the
 1556  study to each unit owner or deliver to each unit owner a notice
 1557  that the completed study is available for inspection and copying
 1558  upon a written request. Distribution of a copy of the study or
 1559  notice must be made by United States mail or personal delivery
 1560  at the mailing address, property address, or any other address
 1561  of the owner provided to fulfill the association’s notice
 1562  requirements under this chapter, or by electronic transmission
 1563  to the e-mail address or facsimile number provided to fulfill
 1564  the association’s notice requirements to unit owners who
 1565  previously consented to receive notice by electronic
 1566  transmission.
 1567         (i) Assessments.—
 1568         1. The manner of collecting from the unit owners their
 1569  shares of the common expenses shall be stated in the bylaws.
 1570  Assessments shall be made against units not less frequently than
 1571  quarterly in an amount which is not less than that required to
 1572  provide funds in advance for payment of all of the anticipated
 1573  current operating expenses and for all of the unpaid operating
 1574  expenses previously incurred. Nothing in this paragraph shall
 1575  preclude the right of an association to accelerate assessments
 1576  of an owner delinquent in payment of common expenses.
 1577  Accelerated assessments shall be due and payable on the date the
 1578  claim of lien is filed. Such accelerated assessments shall
 1579  include the amounts due for the remainder of the budget year in
 1580  which the claim of lien was filed.
 1581         2.a. In lieu of a special assessment to fund needed repair,
 1582  maintenance, or replacement of a building component recommended
 1583  by a milestone inspection required under s. 553.899 or a similar
 1584  local inspection requirement or a structural integrity reserve
 1585  study, or unanticipated repairs, the board of a unit-owner
 1586  controlled association may approve contingent special
 1587  assessments against each unit to secure a line of credit for the
 1588  association to provide available funding to pay for such repair,
 1589  maintenance, or replacement. The approved line of credit must be
 1590  made available to the board for the funding of the needed
 1591  repair, maintenance, or replacement. The association must record
 1592  a declaration of special assessments evidencing the levy of such
 1593  special assessments in the public records.
 1594         b.Funding from the line of credit must be immediately
 1595  available for access by the board to fund required repair,
 1596  maintenance, or replacement expenses without further approval by
 1597  the members of the association. At the option of a unit owner,
 1598  the special assessment may be paid in full at the time it
 1599  becomes due or the payment may be amortized over a term of years
 1600  as provided for by the line of credit. However, a unit owner may
 1601  pay the remaining balance of the special assessment at any time
 1602  during the amortization period.
 1603         c. For a budget adopted on or before December 31, 2029, an
 1604  association may secure a line of credit and assess a contingent
 1605  special assessment as provided in this subparagraph to meet the
 1606  reserve funding schedule recommended by the structural integrity
 1607  reserve study.
 1608         d. Except as authorized by sub-subparagraph c., a line of
 1609  credit and contingent special assessment in this paragraph may
 1610  not be used as an alternative to the association’s reserve
 1611  funding requirements in paragraph (f).
 1612         (q) Director or officer offenses.—
 1613         1. A director or an officer charged by information or
 1614  indictment with any of the following crimes is deemed removed
 1615  from office and a vacancy declared:
 1616         a.Forgery of a ballot envelope or voting certificate used
 1617  in a condominium association election as provided in s. 831.01.
 1618         b.Theft or embezzlement involving the association’s funds
 1619  or property as provided in s. 812.014.
 1620         c.Destruction of, or the refusal to allow inspection or
 1621  copying of, an official record of a condominium association
 1622  which is accessible to unit owners within the time periods
 1623  required by general law, in furtherance of any crime. Such act
 1624  constitutes tampering with physical evidence as provided in s.
 1625  918.13.
 1626         d.Obstruction of justice under chapter 843.
 1627         e. Any criminal violation under this chapter.
 1628         2. The board shall fill the vacancy in accordance with
 1629  paragraph (2)(d) a felony theft or embezzlement offense
 1630  involving the association’s funds or property must be removed
 1631  from office, creating a vacancy in the office to be filled
 1632  according to law until the end of the period of the suspension
 1633  or the end of the director’s term of office, whichever occurs
 1634  first. While such director or officer has such criminal charge
 1635  pending, he or she may not be appointed or elected to a position
 1636  as a director or an officer of any association and may not have
 1637  access to the official records of any association, except
 1638  pursuant to a court order. However, if the charges are resolved
 1639  without a finding of guilt, the director or officer shall be
 1640  reinstated for the remainder of his or her term of office, if
 1641  any.
 1642         (r) Fraudulent voting activities relating to association
 1643  elections; penalties.
 1644         1. A person who engages in the following acts of fraudulent
 1645  voting activity relating to association elections commits a
 1646  misdemeanor of the first degree, punishable as provided in s.
 1647  775.082 or s. 775.083:
 1648         a. Willfully and falsely swearing to or affirming an oath
 1649  or affirmation, or willfully procuring another person to falsely
 1650  swear to or affirm an oath or affirmation, in connection with or
 1651  arising out of voting activities.
 1652         b. Perpetrating or attempting to perpetrate, or aiding in
 1653  the perpetration of, fraud in connection with a vote cast, to be
 1654  cast, or attempted to be cast.
 1655         c. Preventing a member from voting or preventing a member
 1656  from voting as he or she intended by fraudulently changing or
 1657  attempting to change a ballot, ballot envelope, vote, or voting
 1658  certificate of the member.
 1659         d. Menacing, threatening, or using bribery or any other
 1660  corruption to attempt, directly or indirectly, to influence,
 1661  deceive, or deter a member when the member is voting.
 1662         e. Giving or promising, directly or indirectly, anything of
 1663  value to another member with the intent to buy the vote of that
 1664  member or another member or to corruptly influence that member
 1665  or another member in casting his or her vote. This subsection
 1666  does not apply to any food served which is to be consumed at an
 1667  election rally or a meeting or to any item of nominal value
 1668  which is used as an election advertisement, including a campaign
 1669  message designed to be worn by a member.
 1670         f. Using or threatening to use, directly or indirectly,
 1671  force, violence, or intimidation or any tactic of coercion or
 1672  intimidation to induce or compel a member to vote or refrain
 1673  from voting in an election or on a particular ballot measure.
 1674         2. Each of the following acts constitutes a misdemeanor of
 1675  the first degree, punishable as provided in s. 775.082 or s.
 1676  775.083:
 1677         a. Knowingly aiding, abetting, or advising a person in the
 1678  commission of a fraudulent voting activity related to
 1679  association elections.
 1680         b. Agreeing, conspiring, combining, or confederating with
 1681  at least one other person to commit a fraudulent voting activity
 1682  related to association elections.
 1683         c. Having knowledge of a fraudulent voting activity related
 1684  to association elections and giving any aid to the offender with
 1685  intent that the offender avoid or escape detection, arrest,
 1686  trial, or punishment.
 1687  
 1688  This subparagraph does not apply to a licensed attorney giving
 1689  legal advice to a client.
 1690         3. Any person charged by information or indictment for any
 1691  of the crimes in this paragraph shall be deemed removed from
 1692  office and a vacancy declared.
 1693         Section 9. Subsection (5) of section 718.113, Florida
 1694  Statutes, is amended to read:
 1695         718.113 Maintenance; limitation upon improvement; display
 1696  of flag; hurricane shutters and protection; display of religious
 1697  decorations.—
 1698         (5) To protect the health, safety, and welfare of the
 1699  people of this state and to ensure uniformity and consistency in
 1700  the hurricane protections installed by condominium associations
 1701  and unit owners, this subsection applies to all residential and
 1702  mixed-use condominiums in this state, regardless of when the
 1703  condominium is created pursuant to the declaration of
 1704  condominium. Each board of administration of a residential
 1705  condominium or mixed-use condominium shall adopt hurricane
 1706  protection shutter specifications for each building within each
 1707  condominium operated by the association which may shall include
 1708  color, style, and other factors deemed relevant by the board.
 1709  All specifications adopted by the board must comply with the
 1710  applicable building code. The installation, maintenance, repair,
 1711  replacement, and operation of hurricane protection in accordance
 1712  with this subsection is not considered a material alteration or
 1713  substantial addition to the common elements or association
 1714  property within the meaning of this section.
 1715         (a) The board may, subject to s. 718.3026 and the approval
 1716  of a majority of voting interests of the residential condominium
 1717  or mixed-use condominium, install or require that unit owners
 1718  install hurricane shutters, impact glass, code-compliant windows
 1719  or doors, or other types of code-compliant hurricane protection
 1720  that complies comply with or exceeds exceed the applicable
 1721  building code. A vote of the unit owners to require the
 1722  installation of hurricane protection must be set forth in a
 1723  certificate attesting to such vote and include the date that the
 1724  hurricane protection must be installed. The board must record
 1725  the certificate in the public records of the county where the
 1726  condominium is located. The certificate must include the
 1727  recording data identifying the declaration of condominium and
 1728  must be executed in the form required for the execution of a
 1729  deed. Once the certificate is recorded, the board must mail or
 1730  hand deliver a copy of the recorded certificate to the unit
 1731  owners at the owners’ addresses, as reflected in the records of
 1732  the association. The board may provide a copy of the recorded
 1733  certificate by electronic transmission to unit owners who
 1734  previously consented to receive notice by electronic
 1735  transmission. The failure to record the certificate or send a
 1736  copy of the recorded certificate to the unit owners does not
 1737  affect the validity or enforceability of the vote of the unit
 1738  owners. However, A vote of the unit owners under this paragraph
 1739  is not required if the installation, maintenance, repair, and
 1740  replacement of the hurricane shutters, impact glass, code
 1741  compliant windows or doors, or other types of code-compliant
 1742  hurricane protection, or any exterior windows, doors, or other
 1743  apertures protected by the hurricane protection, is are the
 1744  responsibility of the association pursuant to the declaration of
 1745  condominium as originally recorded or as amended, or if the unit
 1746  owners are required to install hurricane protection pursuant to
 1747  the declaration of condominium as originally recorded or as
 1748  amended. If hurricane protection or laminated glass or window
 1749  film architecturally designed to function as hurricane
 1750  protection that complies with or exceeds the current applicable
 1751  building code has been previously installed, the board may not
 1752  install the same type of hurricane shutters, impact glass, code
 1753  compliant windows or doors, or other types of code-compliant
 1754  hurricane protection or require that unit owners install the
 1755  same type of hurricane protection unless the installed hurricane
 1756  protection has reached the end of its useful life or unless it
 1757  is necessary to prevent damage to the common elements or to a
 1758  unit except upon approval by a majority vote of the voting
 1759  interests.
 1760         (b)The association is responsible for the maintenance,
 1761  repair, and replacement of the hurricane shutters, impact glass,
 1762  code-compliant windows or doors, or other types of code
 1763  compliant hurricane protection authorized by this subsection if
 1764  such property is the responsibility of the association pursuant
 1765  to the declaration of condominium. If the hurricane shutters,
 1766  impact glass, code-compliant windows or doors, or other types of
 1767  code-compliant hurricane protection are the responsibility of
 1768  the unit owners pursuant to the declaration of condominium, the
 1769  maintenance, repair, and replacement of such items are the
 1770  responsibility of the unit owner.
 1771         (b)(c) The board may operate shutters, impact glass, code
 1772  compliant windows or doors, or other types of code-compliant
 1773  hurricane protection installed pursuant to this subsection
 1774  without permission of the unit owners only if such operation is
 1775  necessary to preserve and protect the condominium property or
 1776  and association property. The installation, replacement,
 1777  operation, repair, and maintenance of such shutters, impact
 1778  glass, code-compliant windows or doors, or other types of code
 1779  compliant hurricane protection in accordance with the procedures
 1780  set forth in this paragraph are not a material alteration to the
 1781  common elements or association property within the meaning of
 1782  this section.
 1783         (c)(d) Notwithstanding any other provision in the
 1784  residential condominium or mixed-use condominium documents, if
 1785  approval is required by the documents, a board may not refuse to
 1786  approve the installation or replacement of hurricane shutters,
 1787  impact glass, code-compliant windows or doors, or other types of
 1788  code-compliant hurricane protection by a unit owner which
 1789  conforms conforming to the specifications adopted by the board.
 1790  However, a board may require the unit owner to adhere to an
 1791  existing unified building scheme regarding the external
 1792  appearance of the condominium.
 1793         (d)A unit owner is not responsible for the cost of any
 1794  removal or reinstallation of hurricane protection, and any
 1795  exterior window, door, or other aperture protected by the
 1796  hurricane protection, if its removal is necessary for the
 1797  maintenance, repair, or replacement of other condominium
 1798  property or association property for which the association is
 1799  responsible. The board shall determine if the removal or
 1800  reinstallation of hurricane protection must be completed by the
 1801  unit owner or the association. If such removal or reinstallation
 1802  is completed by the association, the costs incurred by the
 1803  association may not be charged to the unit owner. If such
 1804  removal or installation is completed by the unit owner, the
 1805  association must reimburse the unit owner for the cost of the
 1806  removal or installation or the association must apply the unit
 1807  owner’s cost of removal or installation as a credit toward
 1808  future assessments.
 1809         (e) If the removal or installation of hurricane protection
 1810  or of any exterior windows, doors, or other apertures protected
 1811  by the hurricane protection are the responsibility of the unit
 1812  owner, such removal or installation is completed by the
 1813  association, and the association then charges the unit owner for
 1814  such removal or installation, such charges are enforceable as an
 1815  assessment and may be collected in the manner provided under s.
 1816  718.116.
 1817         Section 10. Paragraph (e) of subsection (1) of section
 1818  718.115, Florida Statutes, is amended to read:
 1819         718.115 Common expenses and common surplus.—
 1820         (1)
 1821         (e)1.Except as provided in s. 718.113(5)(d) The expense of
 1822  installation, replacement, operation, repair, and maintenance of
 1823  hurricane shutters, impact glass, code-compliant windows or
 1824  doors, or other types of code-compliant hurricane protection by
 1825  the board pursuant to s. 718.113(5) constitutes a common expense
 1826  and shall be collected as provided in this section if the
 1827  association is responsible for the maintenance, repair, and
 1828  replacement of the hurricane shutters, impact glass, code
 1829  compliant windows or doors, or other types of code-compliant
 1830  hurricane protection pursuant to the declaration of condominium.
 1831  However, if the installation of maintenance, repair, and
 1832  replacement of the hurricane shutters, impact glass, code
 1833  compliant windows or doors, or other types of code-compliant
 1834  hurricane protection is are the responsibility of the unit
 1835  owners pursuant to the declaration of condominium or a vote of
 1836  the unit owners under s. 718.113(5), the cost of the
 1837  installation of the hurricane shutters, impact glass, code
 1838  compliant windows or doors, or other types of code-compliant
 1839  hurricane protection by the association is not a common expense
 1840  and must shall be charged individually to the unit owners based
 1841  on the cost of installation of the hurricane shutters, impact
 1842  glass, code-compliant windows or doors, or other types of code
 1843  compliant hurricane protection appurtenant to the unit. The
 1844  costs of installation of hurricane protection are enforceable as
 1845  an assessment and may be collected in the manner provided under
 1846  s. 718.116.
 1847         2. Notwithstanding s. 718.116(9), and regardless of whether
 1848  or not the declaration requires the association or unit owners
 1849  to install, maintain, repair, or replace hurricane shutters,
 1850  impact glass, code-compliant windows or doors, or other types of
 1851  code-compliant hurricane protection, the a unit owner of a unit
 1852  where who has previously installed hurricane shutters in
 1853  accordance with s. 718.113(5) that comply with the current
 1854  applicable building code shall receive a credit when the
 1855  shutters are installed; a unit owner who has previously
 1856  installed impact glass or code-compliant windows or doors that
 1857  comply with the current applicable building code shall receive a
 1858  credit when the impact glass or code-compliant windows or doors
 1859  are installed; and a unit owner who has installed other types of
 1860  code-compliant hurricane protection that complies comply with
 1861  the current applicable building code has been installed is
 1862  excused from any assessment levied by the association or shall
 1863  receive a credit if when the same type of other code-compliant
 1864  hurricane protection is installed by the association, and the
 1865  credit shall be equal to the pro rata portion of the assessed
 1866  installation cost assigned to each unit. A credit is applicable
 1867  if the installation of hurricane protection is for all other
 1868  units that do not have hurricane protection and the cost of such
 1869  installation is funded by the association’s budget, including
 1870  the use of reserve funds. The credit must be equal to the amount
 1871  that the unit owner would have been assessed to install the
 1872  hurricane protection. However, such unit owner remains
 1873  responsible for the pro rata share of expenses for hurricane
 1874  shutters, impact glass, code-compliant windows or doors, or
 1875  other types of code-compliant hurricane protection installed on
 1876  common elements and association property by the board pursuant
 1877  to s. 718.113(5) and remains responsible for a pro rata share of
 1878  the expense of the replacement, operation, repair, and
 1879  maintenance of such shutters, impact glass, code-compliant
 1880  windows or doors, or other types of code-compliant hurricane
 1881  protection. Expenses for the installation, replacement,
 1882  operation, repair, or maintenance of hurricane protection on
 1883  common elements and association property are common expenses.
 1884         Section 11. Paragraph (a) of subsection (8) of section
 1885  718.116, Florida Statutes, is amended to read
 1886         718.116 Assessments; liability; lien and priority;
 1887  interest; collection.—
 1888         (8) Within 10 business days after receiving a written or
 1889  electronic request therefor from a unit owner or the unit
 1890  owner’s designee, or a unit mortgagee or the unit mortgagee’s
 1891  designee, the association shall issue the estoppel certificate.
 1892  Each association shall designate on its website a person or
 1893  entity with a street or e-mail address for receipt of a request
 1894  for an estoppel certificate issued pursuant to this section. The
 1895  estoppel certificate must be provided by hand delivery, regular
 1896  mail, or e-mail to the requestor on the date of issuance of the
 1897  estoppel certificate.
 1898         (a) An estoppel certificate may be completed by any board
 1899  member, authorized agent, or authorized representative of the
 1900  association, including any authorized agent, authorized
 1901  representative, or employee of a management company authorized
 1902  to complete this form on behalf of the board or association. The
 1903  estoppel certificate must contain all of the following
 1904  information and must be substantially in the following form:
 1905         1. Date of issuance:....
 1906         2. Name(s) of the unit owner(s) as reflected in the books
 1907  and records of the association:....
 1908         3. Unit designation and address:....
 1909         4. Parking or garage space number, as reflected in the
 1910  books and records of the association:....
 1911         5. Attorney’s name and contact information if the account
 1912  is delinquent and has been turned over to an attorney for
 1913  collection. No fee may be charged for this information.
 1914         6. Fee for the preparation and delivery of the estoppel
 1915  certificate:....
 1916         7. Name of the requestor:....
 1917         8. Assessment information and other information:
 1918  
 1919                       ASSESSMENT INFORMATION:                     
 1920  
 1921         a. The regular periodic assessment levied against the unit
 1922  is $.... per ...(insert frequency of payment)....
 1923         b. The regular periodic assessment is paid through
 1924  ...(insert date paid through)....
 1925         c. The next installment of the regular periodic assessment
 1926  is due ...(insert due date)... in the amount of $.....
 1927         d. An itemized list of all assessments, special
 1928  assessments, and other moneys owed on the date of issuance to
 1929  the association by the unit owner for a specific unit is
 1930  provided.
 1931         e. An itemized list of any additional assessments, special
 1932  assessments, contingent special assessments, and other moneys
 1933  that are scheduled to become due for each day after the date of
 1934  issuance for the effective period of the estoppel certificate is
 1935  provided. In calculating the amounts that are scheduled to
 1936  become due, the association may assume that any delinquent
 1937  amounts will remain delinquent during the effective period of
 1938  the estoppel certificate.
 1939         f. Any line of credit for which a contingent special
 1940  assessment may be imposed.
 1941  
 1942                         OTHER INFORMATION:                        
 1943  
 1944         g.f. Is there a capital contribution fee, resale fee,
 1945  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
 1946  specify the type and the amount of the fee.
 1947         h.g. Is there any open violation of rule or regulation
 1948  noticed to the unit owner in the association official records?
 1949  ....(Yes) ....(No).
 1950         i.h. Do the rules and regulations of the association
 1951  applicable to the unit require approval by the board of
 1952  directors of the association for the transfer of the unit?
 1953  ....(Yes) ....(No). If yes, has the board approved the transfer
 1954  of the unit? ....(Yes) ....(No).
 1955         j.i. Is there a right of first refusal provided to the
 1956  members or the association? ....(Yes) ....(No). If yes, have the
 1957  members or the association exercised that right of first
 1958  refusal? ....(Yes) ....(No).
 1959         k.j. Provide a list of, and contact information for, all
 1960  other associations of which the unit is a member.
 1961         l.k. Provide contact information for all insurance
 1962  maintained by the association.
 1963         m.l. Provide the signature of an officer or authorized
 1964  agent of the association.
 1965  
 1966  The association, at its option, may include additional
 1967  information in the estoppel certificate.
 1968         Section 12. Paragraph (a) of subsection (4) of section
 1969  718.121, Florida Statutes, is amended to read:
 1970         718.121 Liens.—
 1971         (4)(a) If an association sends out an invoice for
 1972  assessments or a unit’s statement of the account described in s.
 1973  718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
 1974  assessments or the unit’s statement of account must be delivered
 1975  to the unit owner by first-class United States mail or by
 1976  electronic transmission to the unit owner’s e-mail address
 1977  maintained in the association’s official records.
 1978         Section 13. Section 718.1224, Florida Statutes, is amended
 1979  to read:
 1980         718.1224 Prohibition against SLAPP suits; other prohibited
 1981  actions.—
 1982         (1) It is the intent of the Legislature to protect the
 1983  right of condominium unit owners to exercise their rights to
 1984  instruct their representatives and petition for redress of
 1985  grievances before their condominium association and the various
 1986  governmental entities of this state as protected by the First
 1987  Amendment to the United States Constitution and s. 5, Art. I of
 1988  the State Constitution. The Legislature recognizes that
 1989  strategic lawsuits against public participation, or “SLAPP
 1990  suits,” as they are typically referred to, have occurred when
 1991  association members are sued by condominium associations,
 1992  individuals, business entities, or governmental entities arising
 1993  out of a condominium unit owner’s appearance and presentation
 1994  before the board of the condominium association or a
 1995  governmental entity on matters related to the condominium
 1996  association. However, it is the public policy of this state that
 1997  condominium associations, governmental entities, business
 1998  organizations, and individuals not engage in SLAPP suits,
 1999  because such actions are inconsistent with the right of
 2000  condominium unit owners to participate in their condominium
 2001  association and in the state’s institutions of government.
 2002  Therefore, the Legislature finds and declares that prohibiting
 2003  such lawsuits by condominium associations, governmental
 2004  entities, business entities, and individuals against condominium
 2005  unit owners who address matters concerning their condominium
 2006  association will preserve this fundamental state policy,
 2007  preserve the constitutional rights of condominium unit owners,
 2008  and ensure the continuation of representative government in this
 2009  state, and ensure unit owner participation in condominium
 2010  associations. It is the intent of the Legislature that such
 2011  lawsuits be expeditiously disposed of by the courts. As used in
 2012  this subsection, the term “governmental entity” means the state,
 2013  including the executive, legislative, and judicial branches of
 2014  government; law enforcement agencies; the independent
 2015  establishments of the state, counties, municipalities,
 2016  districts, authorities, boards, or commissions; or any agencies
 2017  of these branches that are subject to chapter 286.
 2018         (2) A condominium association, governmental entity,
 2019  business organization, or individual in this state may not file
 2020  or cause to be filed through its employees or agents any
 2021  lawsuit, cause of action, claim, cross-claim, or counterclaim
 2022  against a condominium unit owner without merit and solely
 2023  because such condominium unit owner has exercised the right to
 2024  instruct his or her representatives or the right to petition for
 2025  redress of grievances before the condominium association or the
 2026  various governmental entities of this state, as protected by the
 2027  First Amendment to the United States Constitution and s. 5, Art.
 2028  I of the State Constitution.
 2029         (3) A condominium association may not fine,
 2030  discriminatorily increase a unit owner’s assessments or
 2031  discriminatorily decrease services to a unit owner, or bring or
 2032  threaten to bring an action for possession or other civil
 2033  action, including a defamation, libel, slander, or tortious
 2034  interference action, based on conduct described in paragraphs
 2035  (a) through (f). In order for the unit owner to raise the
 2036  defense of retaliatory conduct, the unit owner must have acted
 2037  in good faith and not for any improper purposes, such as to
 2038  harass or to cause unnecessary delay or for frivolous purpose or
 2039  needless increase in the cost of litigation. Examples of conduct
 2040  for which a condominium association, officer, director, or agent
 2041  of an association may not retaliate include, but are not limited
 2042  to, situations where:
 2043         (a) The unit owner has in good faith complained to a
 2044  governmental agency charged with responsibility for enforcement
 2045  of a building, housing, or health code of a suspected violation
 2046  applicable to the condominium;
 2047         (b) The unit owner has organized, encouraged, or
 2048  participated in a unit owners’ organization;
 2049         (c) The unit owner submitted information or filed a
 2050  complaint alleging criminal violations or violations of this
 2051  chapter or the rules of the division with the division, the
 2052  Office of the Condominium Ombudsman, a law enforcement agency, a
 2053  state attorney, the Attorney General, or any other governmental
 2054  agency;
 2055         (d) The unit owner has exercised his or her rights under
 2056  this chapter;
 2057         (e) The unit owner has complained to the association or any
 2058  of its representatives for their failure to comply with this
 2059  chapter or chapter 617; or
 2060         (f) The unit owner has made public statements critical of
 2061  the operation or management of the association.
 2062         (4) Evidence of retaliatory conduct may be raised by the
 2063  unit owner as a defense in any action brought against him or her
 2064  for possession.
 2065         (5) A condominium unit owner sued by a condominium
 2066  association, governmental entity, business organization, or
 2067  individual in violation of this section has a right to an
 2068  expeditious resolution of a claim that the suit is in violation
 2069  of this section. A condominium unit owner may petition the court
 2070  for an order dismissing the action or granting final judgment in
 2071  favor of that condominium unit owner. The petitioner may file a
 2072  motion for summary judgment, together with supplemental
 2073  affidavits, seeking a determination that the condominium
 2074  association’s, governmental entity’s, business organization’s,
 2075  or individual’s lawsuit has been brought in violation of this
 2076  section. The condominium association, governmental entity,
 2077  business organization, or individual shall thereafter file its
 2078  response and any supplemental affidavits. As soon as
 2079  practicable, the court shall set a hearing on the petitioner’s
 2080  motion, which shall be held at the earliest possible time after
 2081  the filing of the condominium association’s, governmental
 2082  entity’s, business organization’s, or individual’s response. The
 2083  court may award the condominium unit owner sued by the
 2084  condominium association, governmental entity, business
 2085  organization, or individual actual damages arising from the
 2086  condominium association’s, governmental entity’s, individual’s,
 2087  or business organization’s violation of this section. A court
 2088  may treble the damages awarded to a prevailing condominium unit
 2089  owner and shall state the basis for the treble damages award in
 2090  its judgment. The court shall award the prevailing party
 2091  reasonable attorney’s fees and costs incurred in connection with
 2092  a claim that an action was filed in violation of this section.
 2093         (6)(4) Condominium associations may not expend association
 2094  funds in prosecuting a SLAPP suit against a condominium unit
 2095  owner.
 2096         (7Condominium associations may not expend association
 2097  funds in support of a defamation, libel, slander, or tortious
 2098  interference action against a unit owner or any other claim
 2099  against a unit owner based on conduct described in paragraphs
 2100  (3)(a)-(f).
 2101         Section 14. Paragraph (p) of subsection (4) of section
 2102  718.301, Florida Statutes, is amended to read:
 2103         718.301 Transfer of association control; claims of defect
 2104  by association.—
 2105         (4) At the time that unit owners other than the developer
 2106  elect a majority of the members of the board of administration
 2107  of an association, the developer shall relinquish control of the
 2108  association, and the unit owners shall accept control.
 2109  Simultaneously, or for the purposes of paragraph (c) not more
 2110  than 90 days thereafter, the developer shall deliver to the
 2111  association, at the developer’s expense, all property of the
 2112  unit owners and of the association which is held or controlled
 2113  by the developer, including, but not limited to, the following
 2114  items, if applicable, as to each condominium operated by the
 2115  association:
 2116         (p) Notwithstanding when the certificate of occupancy was
 2117  issued or the height of the building, a turnover inspection
 2118  report included in the official records, under seal of an
 2119  architect or engineer authorized to practice in this state or a
 2120  person certified as a reserve specialist or professional reserve
 2121  analyst by the Community Associations Institute or the
 2122  Association of Professional Reserve Analysts, and consisting of
 2123  a structural integrity reserve study attesting to required
 2124  maintenance, condition, useful life, and replacement costs of
 2125  the following applicable condominium property:
 2126         1. Roof.
 2127         2. Structure, including load-bearing walls and primary
 2128  structural members and primary structural systems as those terms
 2129  are defined in s. 627.706.
 2130         3. Fireproofing and fire protection systems.
 2131         4. Plumbing.
 2132         5. Electrical systems.
 2133         6. Waterproofing and exterior painting.
 2134         7. Windows and exterior doors.
 2135         Section 15. Paragraph (a) of subsection (2) of section
 2136  718.3026, Florida Statutes, is amended to read:
 2137         718.3026 Contracts for products and services; in writing;
 2138  bids; exceptions.—Associations with 10 or fewer units may opt
 2139  out of the provisions of this section if two-thirds of the unit
 2140  owners vote to do so, which opt-out may be accomplished by a
 2141  proxy specifically setting forth the exception from this
 2142  section.
 2143         (2)(a) Notwithstanding the foregoing, contracts with
 2144  employees of the association, and contracts for attorney,
 2145  accountant, architect, community association manager, timeshare
 2146  management firm, engineering, registered investment adviser, and
 2147  landscape architect services are not subject to the provisions
 2148  of this section.
 2149         Section 16. Subsections (4) and (5) of section 718.3027,
 2150  Florida Statutes, are amended to read:
 2151         718.3027 Conflicts of interest.—
 2152         (4) A director or an officer, or a relative of a director
 2153  or an officer, who is a party to, or has an interest in, an
 2154  activity that is a possible conflict of interest, as described
 2155  in subsection (1), may attend the meeting at which the activity
 2156  is considered by the board and is authorized to make a
 2157  presentation to the board regarding the activity. After the
 2158  presentation, the director or officer, and any or the relative
 2159  of the director or officer, must leave the meeting during the
 2160  discussion of, and the vote on, the activity. A director or an
 2161  officer who is a party to, or has an interest in, the activity
 2162  must recuse himself or herself from the vote. The attendance of
 2163  a director with a possible conflict of interest at the meeting
 2164  of the board is sufficient to constitute a quorum for the
 2165  meeting and the vote in his or her absence on the proposed
 2166  activity.
 2167         (5) A contract entered into between a director or an
 2168  officer, or a relative of a director or an officer, and the
 2169  association, which is not a timeshare condominium association,
 2170  that has not been properly disclosed as a conflict of interest
 2171  or potential conflict of interest as required by this section or
 2172  s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
 2173  the filing of a written notice terminating the contract with the
 2174  board of directors which contains the consent of at least 20
 2175  percent of the voting interests of the association.
 2176         Section 17. Subsection (5) of section 718.303, Florida
 2177  Statutes, is amended to read:
 2178         718.303 Obligations of owners and occupants; remedies.—
 2179         (5) An association may suspend the voting rights of a unit
 2180  owner or member due to nonpayment of any fee, fine, or other
 2181  monetary obligation due to the association which is more than
 2182  $1,000 and more than 90 days delinquent. Proof of such
 2183  obligation must be provided to the unit owner or member 30 days
 2184  before such suspension takes effect. Notice of such obligation
 2185  must also be provided to the unit owner at least 90 days before
 2186  an election. A voting interest or consent right allocated to a
 2187  unit owner or member which has been suspended by the association
 2188  shall be subtracted from the total number of voting interests in
 2189  the association, which shall be reduced by the number of
 2190  suspended voting interests when calculating the total percentage
 2191  or number of all voting interests available to take or approve
 2192  any action, and the suspended voting interests shall not be
 2193  considered for any purpose, including, but not limited to, the
 2194  percentage or number of voting interests necessary to constitute
 2195  a quorum, the percentage or number of voting interests required
 2196  to conduct an election, or the percentage or number of voting
 2197  interests required to approve an action under this chapter or
 2198  pursuant to the declaration, articles of incorporation, or
 2199  bylaws. The suspension ends upon full payment of all obligations
 2200  currently due or overdue the association. The notice and hearing
 2201  requirements under subsection (3) do not apply to a suspension
 2202  imposed under this subsection.
 2203         Section 18. Subsections (1) and (2) of section 718.501,
 2204  Florida Statutes, are amended to read:
 2205         718.501 Authority, responsibility, and duties of Division
 2206  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2207         (1) The division may enforce and ensure compliance with
 2208  this chapter and rules relating to the development,
 2209  construction, sale, lease, ownership, operation, and management
 2210  of residential condominium units and complaints related to the
 2211  procedural completion of milestone inspections under s. 553.899.
 2212  In performing its duties, the division has complete jurisdiction
 2213  to investigate complaints and enforce compliance with respect to
 2214  associations that are still under developer control or the
 2215  control of a bulk assignee or bulk buyer pursuant to part VII of
 2216  this chapter and complaints against developers, bulk assignees,
 2217  or bulk buyers involving improper turnover or failure to
 2218  turnover, pursuant to s. 718.301. However, after turnover has
 2219  occurred, the division has jurisdiction to investigate
 2220  complaints related only to financial issues, elections, and the
 2221  maintenance of and unit owner access to association records
 2222  under s. 718.111(12), and the procedural completion of
 2223  structural integrity reserve studies under s. 718.112(2)(g).
 2224         (a)1. The division may make necessary public or private
 2225  investigations within or outside this state to determine whether
 2226  any person has violated this chapter or any rule or order
 2227  hereunder, to aid in the enforcement of this chapter, or to aid
 2228  in the adoption of rules or forms.
 2229         2. The division may submit any official written report,
 2230  worksheet, or other related paper, or a duly certified copy
 2231  thereof, compiled, prepared, drafted, or otherwise made by and
 2232  duly authenticated by a financial examiner or analyst to be
 2233  admitted as competent evidence in any hearing in which the
 2234  financial examiner or analyst is available for cross-examination
 2235  and attests under oath that such documents were prepared as a
 2236  result of an examination or inspection conducted pursuant to
 2237  this chapter.
 2238         (b) The division may require or permit any person to file a
 2239  statement in writing, under oath or otherwise, as the division
 2240  determines, as to the facts and circumstances concerning a
 2241  matter to be investigated.
 2242         (c) For the purpose of any investigation under this
 2243  chapter, the division director or any officer or employee
 2244  designated by the division director may administer oaths or
 2245  affirmations, subpoena witnesses and compel their attendance,
 2246  take evidence, and require the production of any matter which is
 2247  relevant to the investigation, including the existence,
 2248  description, nature, custody, condition, and location of any
 2249  books, documents, or other tangible things and the identity and
 2250  location of persons having knowledge of relevant facts or any
 2251  other matter reasonably calculated to lead to the discovery of
 2252  material evidence. Upon the failure by a person to obey a
 2253  subpoena or to answer questions propounded by the investigating
 2254  officer and upon reasonable notice to all affected persons, the
 2255  division may apply to the circuit court for an order compelling
 2256  compliance.
 2257         (d) Notwithstanding any remedies available to unit owners
 2258  and associations, if the division has reasonable cause to
 2259  believe that a violation of any provision of this chapter or
 2260  related rule has occurred, the division may institute
 2261  enforcement proceedings in its own name against any developer,
 2262  bulk assignee, bulk buyer, association, officer, or member of
 2263  the board of administration, or its assignees or agents, as
 2264  follows:
 2265         1. The division may permit a person whose conduct or
 2266  actions may be under investigation to waive formal proceedings
 2267  and enter into a consent proceeding whereby orders, rules, or
 2268  letters of censure or warning, whether formal or informal, may
 2269  be entered against the person.
 2270         2. The division may issue an order requiring the developer,
 2271  bulk assignee, bulk buyer, association, developer-designated
 2272  officer, or developer-designated member of the board of
 2273  administration, developer-designated assignees or agents, bulk
 2274  assignee-designated assignees or agents, bulk buyer-designated
 2275  assignees or agents, community association manager, or community
 2276  association management firm to cease and desist from the
 2277  unlawful practice and take such affirmative action as in the
 2278  judgment of the division carry out the purposes of this chapter.
 2279  If the division finds that a developer, bulk assignee, bulk
 2280  buyer, association, officer, or member of the board of
 2281  administration, or its assignees or agents, is violating or is
 2282  about to violate any provision of this chapter, any rule adopted
 2283  or order issued by the division, or any written agreement
 2284  entered into with the division, and presents an immediate danger
 2285  to the public requiring an immediate final order, it may issue
 2286  an emergency cease and desist order reciting with particularity
 2287  the facts underlying such findings. The emergency cease and
 2288  desist order is effective for 90 days. If the division begins
 2289  nonemergency cease and desist proceedings, the emergency cease
 2290  and desist order remains effective until the conclusion of the
 2291  proceedings under ss. 120.569 and 120.57.
 2292         3. If a developer, bulk assignee, or bulk buyer fails to
 2293  pay any restitution determined by the division to be owed, plus
 2294  any accrued interest at the highest rate permitted by law,
 2295  within 30 days after expiration of any appellate time period of
 2296  a final order requiring payment of restitution or the conclusion
 2297  of any appeal thereof, whichever is later, the division must
 2298  bring an action in circuit or county court on behalf of any
 2299  association, class of unit owners, lessees, or purchasers for
 2300  restitution, declaratory relief, injunctive relief, or any other
 2301  available remedy. The division may also temporarily revoke its
 2302  acceptance of the filing for the developer to which the
 2303  restitution relates until payment of restitution is made.
 2304         4. The division may petition the court for appointment of a
 2305  receiver or conservator. If appointed, the receiver or
 2306  conservator may take action to implement the court order to
 2307  ensure the performance of the order and to remedy any breach
 2308  thereof. In addition to all other means provided by law for the
 2309  enforcement of an injunction or temporary restraining order, the
 2310  circuit court may impound or sequester the property of a party
 2311  defendant, including books, papers, documents, and related
 2312  records, and allow the examination and use of the property by
 2313  the division and a court-appointed receiver or conservator.
 2314         5. The division may apply to the circuit court for an order
 2315  of restitution whereby the defendant in an action brought under
 2316  subparagraph 4. is ordered to make restitution of those sums
 2317  shown by the division to have been obtained by the defendant in
 2318  violation of this chapter. At the option of the court, such
 2319  restitution is payable to the conservator or receiver appointed
 2320  under subparagraph 4. or directly to the persons whose funds or
 2321  assets were obtained in violation of this chapter.
 2322         6. The division may impose a civil penalty against a
 2323  developer, bulk assignee, or bulk buyer, or association, or its
 2324  assignee or agent, for any violation of this chapter, or related
 2325  rule, or chapter 617. The division may impose a civil penalty
 2326  individually against an officer or board member who willfully
 2327  and knowingly violates this chapter, an adopted rule, or a final
 2328  order of the division; may order the removal of such individual
 2329  as an officer or from the board of administration or as an
 2330  officer of the association; and may prohibit such individual
 2331  from serving as an officer or on the board of a community
 2332  association for a period of time. The term “willfully and
 2333  knowingly” means that the division informed the officer or board
 2334  member that his or her action or intended action violates this
 2335  chapter, a rule adopted under this chapter, or a final order of
 2336  the division and that the officer or board member refused to
 2337  comply with the requirements of this chapter, a rule adopted
 2338  under this chapter, or a final order of the division. The
 2339  division, before initiating formal agency action under chapter
 2340  120, must afford the officer or board member an opportunity to
 2341  voluntarily comply, and an officer or board member who complies
 2342  within 10 days is not subject to a civil penalty. A penalty may
 2343  be imposed on the basis of each day of continuing violation, but
 2344  the penalty for any offense may not exceed $5,000. The division
 2345  shall adopt, by rule, penalty guidelines applicable to possible
 2346  violations or to categories of violations of this chapter or
 2347  rules adopted by the division. The guidelines must specify a
 2348  meaningful range of civil penalties for each such violation of
 2349  the statute and rules and must be based upon the harm caused by
 2350  the violation, upon the repetition of the violation, and upon
 2351  such other factors deemed relevant by the division. For example,
 2352  the division may consider whether the violations were committed
 2353  by a developer, bulk assignee, or bulk buyer, or owner
 2354  controlled association, the size of the association, and other
 2355  factors. The guidelines must designate the possible mitigating
 2356  or aggravating circumstances that justify a departure from the
 2357  range of penalties provided by the rules. It is the legislative
 2358  intent that minor violations be distinguished from those which
 2359  endanger the health, safety, or welfare of the condominium
 2360  residents or other persons and that such guidelines provide
 2361  reasonable and meaningful notice to the public of likely
 2362  penalties that may be imposed for proscribed conduct. This
 2363  subsection does not limit the ability of the division to
 2364  informally dispose of administrative actions or complaints by
 2365  stipulation, agreed settlement, or consent order. All amounts
 2366  collected shall be deposited with the Chief Financial Officer to
 2367  the credit of the Division of Florida Condominiums, Timeshares,
 2368  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2369  bulk buyer fails to pay the civil penalty and the amount deemed
 2370  to be owed to the association, the division shall issue an order
 2371  directing that such developer, bulk assignee, or bulk buyer
 2372  cease and desist from further operation until such time as the
 2373  civil penalty is paid or may pursue enforcement of the penalty
 2374  in a court of competent jurisdiction. If an association fails to
 2375  pay the civil penalty, the division shall pursue enforcement in
 2376  a court of competent jurisdiction, and the order imposing the
 2377  civil penalty or the cease and desist order is not effective
 2378  until 20 days after the date of such order. Any action commenced
 2379  by the division shall be brought in the county in which the
 2380  division has its executive offices or in the county where the
 2381  violation occurred.
 2382         7. If a unit owner presents the division with proof that
 2383  the unit owner has requested access to official records in
 2384  writing by certified mail, and that after 10 days the unit owner
 2385  again made the same request for access to official records in
 2386  writing by certified mail, and that more than 10 days has
 2387  elapsed since the second request and the association has still
 2388  failed or refused to provide access to official records as
 2389  required by this chapter, the division shall issue a subpoena
 2390  requiring production of the requested records where the records
 2391  are kept pursuant to s. 718.112. Upon receipt of the records,
 2392  the division must provide without charge the produced official
 2393  records to the unit owner who was denied access to such records.
 2394         8. In addition to subparagraph 6., the division may seek
 2395  the imposition of a civil penalty through the circuit court for
 2396  any violation for which the division may issue a notice to show
 2397  cause under paragraph (s) (r). The civil penalty shall be at
 2398  least $500 but no more than $5,000 for each violation. The court
 2399  may also award to the prevailing party court costs and
 2400  reasonable attorney fees and, if the division prevails, may also
 2401  award reasonable costs of investigation.
 2402         (e) The division may prepare and disseminate a prospectus
 2403  and other information to assist prospective owners, purchasers,
 2404  lessees, and developers of residential condominiums in assessing
 2405  the rights, privileges, and duties pertaining thereto.
 2406         (f) The division may adopt rules to administer and enforce
 2407  this chapter.
 2408         (g) The division shall establish procedures for providing
 2409  notice to an association and the developer, bulk assignee, or
 2410  bulk buyer during the period in which the developer, bulk
 2411  assignee, or bulk buyer controls the association if the division
 2412  is considering the issuance of a declaratory statement with
 2413  respect to the declaration of condominium or any related
 2414  document governing such condominium community.
 2415         (h) The division shall furnish each association that pays
 2416  the fees required by paragraph (2)(a) a copy of this chapter, as
 2417  amended, and the rules adopted thereto on an annual basis.
 2418         (i) The division shall annually provide each association
 2419  with a summary of declaratory statements and formal legal
 2420  opinions relating to the operations of condominiums which were
 2421  rendered by the division during the previous year.
 2422         (j) The division shall provide training and educational
 2423  programs for condominium association board members and unit
 2424  owners. The training may, in the division’s discretion, include
 2425  web-based electronic media and live training and seminars in
 2426  various locations throughout the state. The division may review
 2427  and approve education and training programs for board members
 2428  and unit owners offered by providers and shall maintain a
 2429  current list of approved programs and providers and make such
 2430  list available to board members and unit owners in a reasonable
 2431  and cost-effective manner. The division shall provide the
 2432  educational curriculum required under s. 718.112(2)(d) and issue
 2433  a certificate of satisfactory completion to directors of the
 2434  board of administration at no charge, including when the
 2435  required educational curriculum is provided by a division
 2436  approved condominium education provider.
 2437         (k) The division shall maintain a toll-free telephone
 2438  number accessible to condominium unit owners.
 2439         (l) The division shall develop a program to certify both
 2440  volunteer and paid mediators to provide mediation of condominium
 2441  disputes. The division shall provide, upon request, a list of
 2442  such mediators to any association, unit owner, or other
 2443  participant in alternative dispute resolution proceedings under
 2444  s. 718.1255 requesting a copy of the list. The division shall
 2445  include on the list of volunteer mediators only the names of
 2446  persons who have received at least 20 hours of training in
 2447  mediation techniques or who have mediated at least 20 disputes.
 2448  In order to become initially certified by the division, paid
 2449  mediators must be certified by the Supreme Court to mediate
 2450  court cases in county or circuit courts. However, the division
 2451  may adopt, by rule, additional factors for the certification of
 2452  paid mediators, which must be related to experience, education,
 2453  or background. Any person initially certified as a paid mediator
 2454  by the division must, in order to continue to be certified,
 2455  comply with the factors or requirements adopted by rule.
 2456         (m) If a complaint is made, the division must conduct its
 2457  inquiry with due regard for the interests of the affected
 2458  parties. Within 30 days after receipt of a complaint, the
 2459  division shall acknowledge the complaint in writing and notify
 2460  the complainant whether the complaint is within the jurisdiction
 2461  of the division and whether additional information is needed by
 2462  the division from the complainant. The division shall conduct
 2463  its investigation and, within 90 days after receipt of the
 2464  original complaint or of timely requested additional
 2465  information, take action upon the complaint. However, the
 2466  failure to complete the investigation within 90 days does not
 2467  prevent the division from continuing the investigation,
 2468  accepting or considering evidence obtained or received after 90
 2469  days, or taking administrative action if reasonable cause exists
 2470  to believe that a violation of this chapter or a rule has
 2471  occurred. If an investigation is not completed within the time
 2472  limits established in this paragraph, the division shall, on a
 2473  monthly basis, notify the complainant in writing of the status
 2474  of the investigation. When reporting its action to the
 2475  complainant, the division shall inform the complainant of any
 2476  right to a hearing under ss. 120.569 and 120.57. The division
 2477  may adopt rules regarding the submission of a complaint against
 2478  an association.
 2479         (n) Condominium association directors, officers, and
 2480  employees; condominium developers; bulk assignees, bulk buyers,
 2481  and community association managers; and community association
 2482  management firms have an ongoing duty to reasonably cooperate
 2483  with the division in any investigation under this section. The
 2484  division shall refer to local law enforcement authorities any
 2485  person whom the division believes has altered, destroyed,
 2486  concealed, or removed any record, document, or thing required to
 2487  be kept or maintained by this chapter with the purpose to impair
 2488  its verity or availability in the department’s investigation.
 2489  The division shall refer to local law enforcement authorities
 2490  any person whom the division believes has engaged in fraud,
 2491  theft, embezzlement, or other criminal activity or when the
 2492  division has cause to believe that fraud, theft, embezzlement,
 2493  or other criminal activity has occurred.
 2494         (o) The division director or any officer or employee of the
 2495  division, and the condominium ombudsman or employee of the
 2496  Office of the Condominium Ombudsman may attend and observe any
 2497  meeting of the board of administration or unit owner meeting,
 2498  including any meeting of a subcommittee or special committee,
 2499  that is open to members of the association for the purpose of
 2500  performing the duties of the division or the Office of the
 2501  Condominium Ombudsman under this chapter.
 2502         (p) The division may:
 2503         1. Contract with agencies in this state or other
 2504  jurisdictions to perform investigative functions; or
 2505         2. Accept grants-in-aid from any source.
 2506         (q)(p) The division shall cooperate with similar agencies
 2507  in other jurisdictions to establish uniform filing procedures
 2508  and forms, public offering statements, advertising standards,
 2509  and rules and common administrative practices.
 2510         (r)(q) The division shall consider notice to a developer,
 2511  bulk assignee, or bulk buyer to be complete when it is delivered
 2512  to the address of the developer, bulk assignee, or bulk buyer
 2513  currently on file with the division.
 2514         (s)(r) In addition to its enforcement authority, the
 2515  division may issue a notice to show cause, which must provide
 2516  for a hearing, upon written request, in accordance with chapter
 2517  120.
 2518         (t) The division shall routinely conduct random audits of
 2519  condominium associations to determine compliance with the
 2520  website or application requirements for official records under
 2521  s. 718.111(12)(g).
 2522         (u)(s) The division shall submit to the Governor, the
 2523  President of the Senate, the Speaker of the House of
 2524  Representatives, and the chairs of the legislative
 2525  appropriations committees an annual report that includes, but
 2526  need not be limited to, the number of training programs provided
 2527  for condominium association board members and unit owners, the
 2528  number of complaints received by type, the number and percent of
 2529  complaints acknowledged in writing within 30 days and the number
 2530  and percent of investigations acted upon within 90 days in
 2531  accordance with paragraph (m), and the number of investigations
 2532  exceeding the 90-day requirement. The annual report must also
 2533  include an evaluation of the division’s core business processes
 2534  and make recommendations for improvements, including statutory
 2535  changes. The report shall be submitted by September 30 following
 2536  the end of the fiscal year.
 2537         (2)(a) Each condominium association which operates more
 2538  than two units shall pay to the division an annual fee in the
 2539  amount of $4 for each residential unit in condominiums operated
 2540  by the association. The annual fee shall be filed together with
 2541  the annual certification described in paragraph (c). If the fee
 2542  is not paid by March 1, the association shall be assessed a
 2543  penalty of 10 percent of the amount due, and the association
 2544  will not have standing to maintain or defend any action in the
 2545  courts of this state until the amount due, plus any penalty, is
 2546  paid.
 2547         (b) All fees shall be deposited in the Division of Florida
 2548  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 2549  provided by law.
 2550         (c) On the certification form provided by the division, the
 2551  directors of the association shall certify that all directors of
 2552  the association have completed the written certification and
 2553  educational certificate requirements in s. 718.112(2)(d)4.b.
 2554         Section 19. Subsection (1) of section 718.618, Florida
 2555  Statutes, is amended to read:
 2556         718.618 Converter reserve accounts; warranties.—
 2557         (1) When existing improvements are converted to ownership
 2558  as a residential condominium, the developer shall establish
 2559  converter reserve accounts for capital expenditures and planned
 2560  deferred maintenance, or give warranties as provided by
 2561  subsection (6), or post a surety bond as provided by subsection
 2562  (7). The developer shall fund the converter reserve accounts in
 2563  amounts calculated as follows:
 2564         (a)1. When the existing improvements include an air
 2565  conditioning system serving more than one unit or property which
 2566  the association is responsible to repair, maintain, or replace,
 2567  the developer shall fund an air-conditioning reserve account.
 2568  The amount of the reserve account shall be the product of the
 2569  estimated current replacement cost of the system, as disclosed
 2570  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2571  fraction, the numerator of which shall be the lesser of the age
 2572  of the system in years or 9, and the denominator of which shall
 2573  be 10. When such air-conditioning system is within 1,000 yards
 2574  of the seacoast, the numerator shall be the lesser of the age of
 2575  the system in years or 3, and the denominator shall be 4.
 2576         2. The developer shall fund a plumbing reserve account. The
 2577  amount of the funding shall be the product of the estimated
 2578  current replacement cost of the plumbing component, as disclosed
 2579  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2580  fraction, the numerator of which shall be the lesser of the age
 2581  of the plumbing in years or 36, and the denominator of which
 2582  shall be 40.
 2583         3. The developer shall fund a roof reserve account. The
 2584  amount of the funding shall be the product of the estimated
 2585  current replacement cost of the roofing component, as disclosed
 2586  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2587  fraction, the numerator of which shall be the lesser of the age
 2588  of the roof in years or the numerator listed in the following
 2589  table. The denominator of the fraction shall be determined based
 2590  on the roof type, as follows:
 2591  
 2592        Roof Type               Numerator          Denominator      
 2593  a.    Built-up roof without insulation        4                   5           
 2594  b.    Built-up roof with insulation        4                   5           
 2595  c.    Cement tile roof            45                  50          
 2596  d.    Asphalt shingle roof        14                  15          
 2597  e.    Copper roof                                                 
 2598  f.    Wood shingle roof           9                   10          
 2599  g.    All other types             18                  20          
 2600  
 2601         (b) The age of any component or structure for which the
 2602  developer is required to fund a reserve account shall be
 2603  measured in years, rounded to the nearest whole year. The amount
 2604  of converter reserves to be funded by the developer for each
 2605  structure or component shall be based on the age of the
 2606  structure or component as disclosed in the inspection report.
 2607  The architect or engineer shall determine the age of the
 2608  component from the later of:
 2609         1. The date when the component or structure was replaced or
 2610  substantially renewed, if the replacement or renewal of the
 2611  component at least met the requirements of the then-applicable
 2612  building code; or
 2613         2. The date when the installation or construction of the
 2614  existing component or structure was completed.
 2615         (c) When the age of a component or structure is to be
 2616  measured from the date of replacement or renewal, the developer
 2617  shall provide the division with a certificate, under the seal of
 2618  an architect or engineer authorized to practice in this state,
 2619  verifying:
 2620         1. The date of the replacement or renewal; and
 2621         2. That the replacement or renewal at least met the
 2622  requirements of the then-applicable building code.
 2623         (d) In addition to establishing the reserve accounts
 2624  specified above, the developer shall establish those other
 2625  reserve accounts required by s. 718.112(2)(f), and shall fund
 2626  those accounts in accordance with the formula provided therein.
 2627  The vote to waive or reduce the funding or reserves required by
 2628  s. 718.112(2)(f) does not affect or negate the obligations
 2629  arising under this section.
 2630         Section 20. Paragraphs (j) and (k) of subsection (1) of
 2631  section 719.106, Florida Statutes, are amended to read:
 2632         719.106 Bylaws; cooperative ownership.—
 2633         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2634  documents shall provide for the following, and if they do not,
 2635  they shall be deemed to include the following:
 2636         (j) Annual budget.—
 2637         1. The proposed annual budget of common expenses must be
 2638  detailed and must show the amounts budgeted by accounts and
 2639  expense classifications, including, if applicable, but not
 2640  limited to, those expenses listed in s. 719.504(20). The board
 2641  of administration shall adopt the annual budget at least 14 days
 2642  before the start of the association’s fiscal year. In the event
 2643  that the board fails to timely adopt the annual budget a second
 2644  time, it is deemed a minor violation and the prior year’s budget
 2645  shall continue in effect until a new budget is adopted.
 2646         2. In addition to annual operating expenses, the budget
 2647  must include reserve accounts for capital expenditures and
 2648  planned deferred maintenance. These accounts must include, but
 2649  not be limited to, roof replacement, building painting, and
 2650  pavement resurfacing, regardless of the amount of planned
 2651  deferred maintenance expense or replacement cost, and for any
 2652  other items for which the planned deferred maintenance expense
 2653  or replacement cost exceeds $10,000. The amount to be reserved
 2654  must be computed by means of a formula which is based upon
 2655  estimated remaining useful life and estimated replacement cost
 2656  or planned deferred maintenance expense of the reserve item. In
 2657  a budget adopted by an association that is required to obtain a
 2658  structural integrity reserve study, reserves must be maintained
 2659  for the items identified in paragraph (k) for which the
 2660  association is responsible pursuant to the declaration, and the
 2661  reserve amount for such items must be based on the findings and
 2662  recommendations of the association’s most recent structural
 2663  integrity reserve study. With respect to items for which an
 2664  estimate of useful life is not readily ascertainable or with an
 2665  estimated remaining useful life of greater than 25 years, an
 2666  association is not required to reserve replacement costs for
 2667  such items, but an association must reserve the amount of
 2668  planned deferred maintenance expense, if any, which is
 2669  recommended by the structural integrity reserve study for such
 2670  items. The association may adjust replacement reserve
 2671  assessments annually to take into account an inflation
 2672  adjustment and any changes in estimates or extension of the
 2673  useful life of a reserve item caused by planned deferred
 2674  maintenance. The members of a unit-owner-controlled association
 2675  may determine, by a majority vote of the total voting interests
 2676  of the association, for a fiscal year to provide no reserves or
 2677  reserves less adequate than required by this subsection. Before
 2678  turnover of control of an association by a developer to unit
 2679  owners other than a developer under s. 719.301, the developer
 2680  controlled association may not vote to waive the reserves or
 2681  reduce funding of the reserves. For a budget adopted on or after
 2682  December 31, 2024, a unit-owner-controlled association that must
 2683  obtain a structural integrity reserve study may not determine to
 2684  provide no reserves or reserves less adequate than required by
 2685  this paragraph for items listed in paragraph (k). If a meeting
 2686  of the unit owners has been called to determine to provide no
 2687  reserves, or reserves less adequate than required, and such
 2688  result is not attained or a quorum is not attained, the reserves
 2689  as included in the budget shall go into effect.
 2690         3. Reserve funds and any interest accruing thereon shall
 2691  remain in the reserve account or accounts, and shall be used
 2692  only for authorized reserve expenditures unless their use for
 2693  other purposes is approved in advance by a vote of the majority
 2694  of the total voting interests of the association. Before
 2695  turnover of control of an association by a developer to unit
 2696  owners other than the developer under s. 719.301, the developer
 2697  may not vote to use reserves for purposes other than that for
 2698  which they were intended. For a budget adopted on or after
 2699  December 31, 2024, members of a unit-owner-controlled
 2700  association that must obtain a structural integrity reserve
 2701  study may not vote to use reserve funds, or any interest
 2702  accruing thereon, for purposes other than the replacement or
 2703  planned deferred maintenance costs of the components listed in
 2704  paragraph (k).
 2705         (k) Structural integrity reserve study.—
 2706         1. A residential cooperative association must have a
 2707  structural integrity reserve study completed at least every 10
 2708  years for each building on the cooperative property that is
 2709  three stories or higher in height, as determined by the Florida
 2710  Building Code, that includes, at a minimum, a study of the
 2711  following items as related to the structural integrity and
 2712  safety of the building:
 2713         a. Roof.
 2714         b. Structure, including load-bearing walls and other
 2715  primary structural members and primary structural systems as
 2716  those terms are defined in s. 627.706.
 2717         c. Fireproofing and fire protection systems.
 2718         d. Plumbing.
 2719         e. Electrical systems.
 2720         f. Waterproofing and exterior painting.
 2721         g. Windows and exterior doors.
 2722         h. Any other item that has a planned deferred maintenance
 2723  expense or replacement cost that exceeds $10,000 and the failure
 2724  to replace or maintain such item negatively affects the items
 2725  listed in sub-subparagraphs a.-g., as determined by the visual
 2726  inspection portion of the structural integrity reserve study.
 2727         2. A structural integrity reserve study is based on a
 2728  visual inspection of the cooperative property. A structural
 2729  integrity reserve study may be performed by any person qualified
 2730  to perform such study. However, the visual inspection portion of
 2731  the structural integrity reserve study must be performed or
 2732  verified by an engineer licensed under chapter 471, an architect
 2733  licensed under chapter 481, or a person certified as a reserve
 2734  specialist or professional reserve analyst by the Community
 2735  Associations Institute or the Association of Professional
 2736  Reserve Analysts.
 2737         3. At a minimum, a structural integrity reserve study must
 2738  identify each item of the cooperative property being visually
 2739  inspected, state the estimated remaining useful life and the
 2740  estimated replacement cost or planned deferred maintenance
 2741  expense of each item of the cooperative property being visually
 2742  inspected, and provide a reserve funding schedule with a
 2743  recommended annual reserve amount that achieves the estimated
 2744  replacement cost or planned deferred maintenance expense of each
 2745  item of cooperative property being visually inspected by the end
 2746  of the estimated remaining useful life of the item. The
 2747  structural integrity reserve study may recommend that reserves
 2748  do not need to be maintained for any item for which an estimate
 2749  of useful life and an estimate of replacement cost cannot be
 2750  determined, or the study may recommend a planned deferred
 2751  maintenance expense amount for such item. The structural
 2752  integrity reserve study may recommend that reserves for
 2753  replacement costs do not need to be maintained for any item with
 2754  an estimated remaining useful life of greater than 25 years, but
 2755  the study may recommend a planned deferred maintenance expense
 2756  amount for such item.
 2757         4. This paragraph does not apply to buildings less than
 2758  three stories in height; single-family, two-family, or three
 2759  family dwellings with three or fewer habitable stories above
 2760  ground; any portion or component of a building that has not been
 2761  submitted to the cooperative form of ownership; or any portion
 2762  or component of a building that is maintained by a party other
 2763  than the association.
 2764         5. Before a developer turns over control of an association
 2765  to unit owners other than the developer, the developer must have
 2766  a turnover inspection report in compliance with s. 719.301(4)(p)
 2767  and (q) for each building on the cooperative property that is
 2768  three stories or higher in height.
 2769         6. Associations existing on or before July 1, 2022, which
 2770  are controlled by unit owners other than the developer, must
 2771  have a structural integrity reserve study completed by December
 2772  31, 2024, for each building on the cooperative property that is
 2773  three stories or higher in height, except that the structural
 2774  integrity reserve study may be completed after December 31,
 2775  2024, if the association has entered into a contract for the
 2776  performance of a structural integrity reserve study and the
 2777  study cannot reasonably be performed or completed by December
 2778  31, 2024. An association that is required to complete a
 2779  milestone inspection on or before December 31, 2026, in
 2780  accordance with s. 553.899 may complete the structural integrity
 2781  reserve study simultaneously with the milestone inspection. In
 2782  no event may the structural integrity reserve study be completed
 2783  after December 31, 2026.
 2784         7. If the milestone inspection required by s. 553.899, or
 2785  an inspection completed for a similar local requirement, was
 2786  performed within the past 5 years and meets the requirements of
 2787  this paragraph, such inspection may be used in place of the
 2788  visual inspection portion of the structural integrity reserve
 2789  study.
 2790         8. If the officers or directors of an association willfully
 2791  and knowingly fail to complete a structural integrity reserve
 2792  study pursuant to this paragraph, such failure is a breach of an
 2793  officer’s and director’s fiduciary relationship to the unit
 2794  owners under s. 719.104(9).
 2795         9. Within 45 days after receiving the structural integrity
 2796  reserve study, the association must distribute a copy of the
 2797  study to each unit owner or deliver to each unit owner a notice
 2798  that the completed study is available for inspection and copying
 2799  upon a written request. Distribution of a copy of the study or
 2800  notice must be made by United States mail or personal delivery
 2801  at the mailing address, property address, or any other address
 2802  of the owner provided to fulfill the association’s notice
 2803  requirements under this chapter, or by electronic transmission
 2804  to the e-mail address or facsimile number provided to fulfill
 2805  the association’s notice requirements to unit owners who
 2806  previously consented to receive notice by electronic
 2807  transmission.
 2808         Section 21. Paragraph (p) of subsection (4) of section
 2809  719.301, Florida Statutes, is amended to read:
 2810         719.301 Transfer of association control.—
 2811         (4) When unit owners other than the developer elect a
 2812  majority of the members of the board of administration of an
 2813  association, the developer shall relinquish control of the
 2814  association, and the unit owners shall accept control.
 2815  Simultaneously, or for the purpose of paragraph (c) not more
 2816  than 90 days thereafter, the developer shall deliver to the
 2817  association, at the developer’s expense, all property of the
 2818  unit owners and of the association held or controlled by the
 2819  developer, including, but not limited to, the following items,
 2820  if applicable, as to each cooperative operated by the
 2821  association:
 2822         (p) Notwithstanding when the certificate of occupancy was
 2823  issued or the height of the building, a turnover inspection
 2824  report included in the official records, under seal of an
 2825  architect or engineer authorized to practice in this state or a
 2826  person certified as a reserve specialist or professional reserve
 2827  analyst by the Community Associations Institute or the
 2828  Association of Professional Reserve Analysts, consisting of a
 2829  structural integrity reserve study attesting to required
 2830  maintenance, condition, useful life, and replacement costs of
 2831  the following applicable cooperative property:
 2832         1. Roof.
 2833         2. Structure, including load-bearing walls and primary
 2834  structural members and primary structural systems as those terms
 2835  are defined in s. 627.706.
 2836         3. Fireproofing and fire protection systems.
 2837         4. Plumbing.
 2838         5. Electrical systems.
 2839         6. Waterproofing and exterior painting.
 2840         7. Windows and exterior doors.
 2841         Section 22. Subsection (1) of section 719.618, Florida
 2842  Statutes, is amended to read:
 2843         719.618 Converter reserve accounts; warranties.—
 2844         (1) When existing improvements are converted to ownership
 2845  as a residential cooperative, the developer shall establish
 2846  reserve accounts for capital expenditures and planned deferred
 2847  maintenance, or give warranties as provided by subsection (6),
 2848  or post a surety bond as provided by subsection (7). The
 2849  developer shall fund the reserve accounts in amounts calculated
 2850  as follows:
 2851         (a)1. When the existing improvements include an air
 2852  conditioning system serving more than one unit or property which
 2853  the association is responsible to repair, maintain, or replace,
 2854  the developer shall fund an air-conditioning reserve account.
 2855  The amount of the reserve account shall be the product of the
 2856  estimated current replacement cost of the system, as disclosed
 2857  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2858  fraction, the numerator of which shall be the lesser of the age
 2859  of the system in years or 9, and the denominator of which shall
 2860  be 10. When such air-conditioning system is within 1,000 yards
 2861  of the seacoast, the numerator shall be the lesser of the age of
 2862  the system in years or 3, and the denominator shall be 4.
 2863         2. The developer shall fund a plumbing reserve account. The
 2864  amount of the funding shall be the product of the estimated
 2865  current replacement cost of the plumbing component, as disclosed
 2866  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2867  fraction, the numerator of which shall be the lesser of the age
 2868  of the plumbing in years or 36, and the denominator of which
 2869  shall be 40.
 2870         3. The developer shall fund a roof reserve account. The
 2871  amount of the funding shall be the product of the estimated
 2872  current replacement cost of the roofing component, as disclosed
 2873  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2874  fraction, the numerator of which shall be the lesser of the age
 2875  of the roof in years or the numerator listed in the following
 2876  table. The denominator of the fraction shall be determined based
 2877  on the roof type, as follows:
 2878  
 2879        Roof Type               Numerator          Denominator      
 2880  a.    Built-up roof without insulation        4                   5           
 2881  b.    Built-up roof with insulation        4                   5           
 2882  c.    Cement tile roof            45                  50          
 2883  d.    Asphalt shingle roof        14                  15          
 2884  e.    Copper roof                                                 
 2885  f.    Wood shingle roof           9                   10          
 2886  g.    All other types             18                  20          
 2887  
 2888         (b) The age of any component or structure for which the
 2889  developer is required to fund a reserve account shall be
 2890  measured in years from the later of:
 2891         1. The date when the component or structure was replaced or
 2892  substantially renewed, if the replacement or renewal of the
 2893  component at least met the requirements of the then-applicable
 2894  building code; or
 2895         2. The date when the installation or construction of the
 2896  existing component or structure was completed.
 2897         (c) When the age of a component or structure is to be
 2898  measured from the date of replacement or renewal, the developer
 2899  shall provide the division with a certificate, under the seal of
 2900  an architect or engineer authorized to practice in this state,
 2901  verifying:
 2902         1. The date of the replacement or renewal; and
 2903         2. That the replacement or renewal at least met the
 2904  requirements of the then-applicable building code.
 2905         Section 23. The Division of Florida Condominiums,
 2906  Timeshares, and Mobile Homes of the Department of Business and
 2907  Professional Regulation shall complete a review of the website
 2908  or application requirements for official records under s.
 2909  718.111(12)(g), Florida Statutes, and make recommendations
 2910  regarding any additional official records of a condominium
 2911  association that should be included in the record maintenance
 2912  requirement in the statute. The division shall submit the
 2913  findings of its review to the Governor, the President of the
 2914  Senate, the Speaker of the House of Representatives, and the
 2915  chairs of the legislative appropriations committees and
 2916  appropriate substantive committees with jurisdiction over
 2917  chapter 718, Florida Statutes, by February 1, 2025.
 2918         Section 24. Except as otherwise expressly provided in this
 2919  act, this act shall take effect July 1, 2024.
 2920  
 2921  ================= T I T L E  A M E N D M E N T ================
 2922  And the title is amended as follows:
 2923         Delete everything before the enacting clause
 2924  and insert:
 2925                        A bill to be entitled                      
 2926         An act relating to community associations; amending s.
 2927         468.4334, F.S.; requiring community associations or
 2928         successor community association managers and
 2929         management firms to return official records of an
 2930         association within a specified period following
 2931         termination of a contract; specifying the manner of
 2932         delivery for the notice of termination; authorizing
 2933         the manager to retain records for a specified purpose
 2934         within a specified timeframe; relieving a manager from
 2935         responsibility if the association fails to provide
 2936         access to the records necessary to complete an ending
 2937         financial statement or report; providing a rebuttable
 2938         presumption regarding noncompliance; providing
 2939         penalties for the failure to timely return official
 2940         records; creating s. 468.4335, F.S.; requiring
 2941         community association managers and management firms to
 2942         provide a written disclosure of certain conflicts of
 2943         interest to the association’s board; providing a
 2944         rebuttable presumption as to the existence of a
 2945         conflict; requiring an association to solicit multiple
 2946         competitive bids for goods or services under certain
 2947         circumstances; providing requirements for an
 2948         association to approve any contract or transaction
 2949         deemed a conflict of interest; authorizing that any
 2950         such contract may be canceled, subject to certain
 2951         requirements; specifying liability and nonliability of
 2952         the association upon cancellation of such a contract;
 2953         authorizing an association to cancel a contract with a
 2954         community association manager or management firm upon
 2955         a finding of a violation of certain provisions;
 2956         specifying liability and nonliability of the
 2957         association upon cancellation of such a contract;
 2958         authorizing an association to void certain contracts
 2959         if certain conflicts were not disclosed in accordance
 2960         with the act; defining the term “relative”; providing
 2961         applicability amending s. 468.436, F.S.; revising the
 2962         list of grounds for which the Department of Business
 2963         and Professional Regulation may take disciplinary
 2964         actions against community association managers or
 2965         firms to conform to changes made by the act; amending
 2966         s. 718.103, F.S.; revising the definition of the term
 2967         “alternative funding method” to conform to changes
 2968         made by the act; defining the term “hurricane
 2969         protection”; amending s. 718.104, F.S.; requiring that
 2970         declarations specify the entity responsible for the
 2971         installation, maintenance, repair, or replacement of
 2972         hurricane protection; amending s. 718.111, F.S.;
 2973         providing criminal penalties for any officer,
 2974         director, or manager of an association who unlawfully
 2975         solicits, offers to accept, or accepts any thing or
 2976         service of value or kickback; requiring any officer,
 2977         director, or manager of an association be removed from
 2978         office for such solicitations or kickbacks; revising
 2979         the list of records that constitute the official
 2980         records of an association; revising maintenance
 2981         requirements for official records; revising
 2982         requirements regarding requests to inspect or copy
 2983         association records; requiring an association to
 2984         provide a checklist in response to certain records
 2985         requests; providing a rebuttable presumption regarding
 2986         compliance; providing criminal penalties for certain
 2987         violations regarding noncompliance with records
 2988         requirements; requiring a member of the board or
 2989         association be removed from office for noncompliance
 2990         with records requirements; requiring the officer be
 2991         removed and a vacancy declared; defining the term
 2992         “repeatedly”; requiring that copies of certain
 2993         building permits be posted on an association’s website
 2994         or application; modifying the method of delivery of
 2995         certain letters regarding association financial
 2996         reports to unit owners; conforming a provision to
 2997         changes made by the act; revising circumstances under
 2998         which an association may prepare certain reports;
 2999         requiring an association to prepare certain financial
 3000         statements if it invests funds in a certain manner;
 3001         revising applicable law for criminal penalties for
 3002         persons who unlawfully use a debit card issued in the
 3003         name of an association; defining the term “lawful
 3004         obligation of the association”; providing requirements
 3005         for associations investing funds in certain investment
 3006         products; providing duties of the board and any
 3007         investment adviser selected by the board; revising the
 3008         threshold for associations that must post certain
 3009         documents on its website or through an application;
 3010         amending s. 718.112, F.S.; requiring the boards of
 3011         administration of associations consisting of more than
 3012         a specified number of units to meet a minimum number
 3013         of times each quarter; revising requirements regarding
 3014         notice of such meetings; requiring a director of a
 3015         board of an association to provide a written
 3016         certification and complete an educational requirement
 3017         upon election or appointment to the board; providing
 3018         transitional provisions; requiring that an
 3019         association’s budget include reserve amounts for
 3020         planned maintenance, in lieu of deferred maintenance;
 3021         authorizing the structural integrity reserve study to
 3022         temporarily pause or limit reserve funding if certain
 3023         conditions exist; providing an exception for certain
 3024         associations to complete a structural integrity
 3025         reserve study by a certain date; requiring an
 3026         association to distribute or deliver copies of a
 3027         structural integrity reserve study to unit owners
 3028         within a specified timeframe; specifying the manner of
 3029         distribution or delivery; authorizing certain boards
 3030         to approve contingent special assessments in order to
 3031         secure a line of credit under certain circumstances;
 3032         specifying requirements and limitations for any line
 3033         of credit secured; revising the circumstances under
 3034         which a director or an officer must be removed from
 3035         office after being charged by information or
 3036         indictment; prohibiting such officers and directors
 3037         with pending criminal charges from accessing the
 3038         official records of any association; providing an
 3039         exception; providing criminal penalties for certain
 3040         fraudulent voting activities relating to association
 3041         elections; requiring any person charged to be removed
 3042         from office and a vacancy be declared; amending s.
 3043         718.113, F.S.; providing applicability; authorizing,
 3044         rather than requiring, certain hurricane protection
 3045         specifications; specifying that certain actions are
 3046         not material alterations or substantial additions;
 3047         authorizing the boards of residential and mixed-use
 3048         condominiums to install or require the unit owners to
 3049         install hurricane protection; requiring a vote of the
 3050         unit owners for the installation of hurricane
 3051         protection; requiring that such vote be attested to in
 3052         a certificate and recorded in certain public records;
 3053         providing requirements for such certificate; providing
 3054         that the validity or enforceability of a vote of the
 3055         unit owners is not affected if the board fails to
 3056         record a certificate or send a copy of the recorded
 3057         certificate to the unit owners; providing that a vote
 3058         of the unit owners is not required under certain
 3059         circumstances; prohibiting installation of the same
 3060         type of hurricane protection previously installed;
 3061         providing exceptions; prohibiting the boards of
 3062         residential and mixed-use condominiums from refusing
 3063         to approve certain hurricane protections; authorizing
 3064         the board to require owners to adhere to certain
 3065         guidelines regarding the external appearance of a
 3066         condominium; revising responsibility for the cost of
 3067         removal or reinstallation of hurricane protection and
 3068         certain exterior windows, doors, or apertures in
 3069         certain circumstances; requiring the board to make a
 3070         certain determination; providing that costs incurred
 3071         by the association in connection with such removal or
 3072         installation completed by the association may not be
 3073         charged to the unit owner; requiring reimbursement of
 3074         the unit owner, or application of a credit toward
 3075         future assessments, in certain circumstances;
 3076         authorizing the association to collect charges if the
 3077         association removes or installs hurricane protection
 3078         and making such charges enforceable as an assessment;
 3079         amending s. 718.115, F.S.; specifying when the cost of
 3080         installation of hurricane protection is not a common
 3081         expense; authorizing certain expenses to be
 3082         enforceable as assessments; requiring that certain
 3083         unit owners be excused from certain assessments or to
 3084         receive a credit for hurricane protection that has
 3085         been installed; providing credit applicability under
 3086         certain circumstances; providing for the amount of
 3087         credit that a unit owner must receive; specifying that
 3088         certain expenses are common expenses; amending s.
 3089         718.116, F.S.; revising the itemized lists of certain
 3090         assessments and lines of credit for special
 3091         assessments imposed to be included in an estoppel
 3092         certificate; conforming a cross-reference; amending s.
 3093         718.121, F.S.; conforming a cross-reference; amending
 3094         s. 718.1224, F.S.; revising legislative findings and
 3095         intent to conform to changes made by the act; revising
 3096         the definition of the term “governmental entity”;
 3097         prohibiting a condominium association from filing
 3098         strategic lawsuits against public participation;
 3099         prohibiting an association from taking certain action
 3100         against a unit owner in response to specified conduct;
 3101         prohibiting associations from expending association
 3102         funds in support of certain actions against a unit
 3103         owner; conforming provisions to changes made by the
 3104         act; amending s. 718.301, F.S.; revising items that
 3105         developers are required to deliver to an association
 3106         upon relinquishing control of the association;
 3107         amending s. 718.3026, F.S.; exempting contracts for
 3108         registered investment advisers from certain contract
 3109         requirements; amending s. 718.3027, F.S.; revising
 3110         requirements regarding attendance at a board meeting
 3111         in the event of a conflict of interest; modifying
 3112         circumstances under which a contract may be voided;
 3113         amending s. 718.303, F.S.; requiring that a notice of
 3114         nonpayment be provided to a unit owner by a specified
 3115         time before an election; amending s. 718.501, F.S.;
 3116         revising circumstances under which the Division of
 3117         Florida Condominiums, Timeshares, and Mobile Homes has
 3118         jurisdiction to investigate and enforce certain
 3119         matters; requiring the division to provide official
 3120         records, without charge, to a unit owner denied
 3121         access; requiring the division to provide educational
 3122         curriculum and issue a certificate, free of charge, to
 3123         directors of a board of administration; requiring the
 3124         division to refer suspected criminal acts to the
 3125         appropriate law enforcement authority; authorizing
 3126         certain division officials to attend association
 3127         meetings; requiring the division to conduct random
 3128         audits of associations for specified purposes;
 3129         requiring that an association’s annual fee be filed
 3130         concurrently with the annual certification; specifying
 3131         requirements for the annual certification; amending s.
 3132         718.618, F.S.; conforming a provision to changes made
 3133         by the act; amending s. 719.106, F.S.; requiring that
 3134         a cooperative association’s budget include reserve
 3135         amounts for planned maintenance, in lieu of deferred
 3136         maintenance; providing an exception for certain
 3137         associations to complete a structural integrity
 3138         reserve study by a certain date; requiring an
 3139         association to distribute or deliver copies of a
 3140         structural integrity reserve study to unit owners
 3141         within a specified timeframe; specifying the manner of
 3142         distribution or delivery; conforming provisions to
 3143         changes made by the act; amending s. 719.301, F.S.;
 3144         revising items that developers are required to deliver
 3145         to a cooperative association upon relinquishing
 3146         control of association property; amending s. 719.618,
 3147         F.S.; conforming a provision to changes made by the
 3148         act; requiring the division to conduct a review of
 3149         statutory requirements regarding posting of official
 3150         records on a condominium association’s website or
 3151         application; requiring the division to submit its
 3152         findings, including any recommendations, to the
 3153         Governor and the Legislature by a specified date;
 3154         providing effective dates.