Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 1178
       
       
       
       
       
       
                                Ì863108&Î863108                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2024           .                                
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       The Committee on Fiscal Policy (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 within 20 business days after termination
   12  of a contractual agreement to provide community association
   13  management services to the community association or receipt of a
   14  written request for return of the official records, whichever
   15  occurs first. A notice of termination of a contractual agreement
   16  to provide community association management services must be
   17  sent by certified mail, return receipt requested, or in the
   18  manner required under such contractual agreement. The community
   19  association manager or community association management firm may
   20  retain, for up to 20 business days, those records necessary to
   21  complete an ending financial statement or report. If an
   22  association fails to provide access to or retention of
   23  accounting records to prepare an ending financial statement or
   24  report, the community association manager or community
   25  association management firm is relieved from any further
   26  responsibility or liability relating to the preparation of such
   27  ending financial statement or report. Failure of a community
   28  association manager or a community association management firm
   29  to timely return all of the official records within its
   30  possession to the community association creates a rebuttable
   31  presumption that the community association manager or the
   32  community association management firm willfully failed to comply
   33  with this subsection. A community association manager or a
   34  community association management firm that fails to timely
   35  return community association records is subject to suspension of
   36  its license under s. 468.436, and a civil penalty of $1,000 per
   37  day for up to 10 business days, assessed beginning on the 21st
   38  business day after termination of a contractual agreement to
   39  provide community association management services to the
   40  community association or receipt of a written request from the
   41  association for return of the records, whichever occurs first.
   42  However, related to a timeshare plan licensed under chapter 721,
   43  the time periods in s. 721.14(4)(b) are applicable.
   44         Section 2. Section 468.4335, Florida Statutes, is created
   45  to read:
   46         468.4335 Conflicts of interest.—
   47         (1) A community association manager or a community
   48  association management firm, including directors, officers, and
   49  persons with a financial interest in a community association
   50  management firm, or a relative of such persons, must provide a
   51  written disclosure to the board of a community association of
   52  any activity that may reasonably be construed to be a conflict
   53  of interest. A rebuttable presumption of a conflict of interest
   54  exists if any of the following occurs without prior notice:
   55         (a) A community association manager or a community
   56  association management firm, including directors, officers, and
   57  persons with a financial interest in a community association
   58  management firm, or a relative of such persons, enters into a
   59  contract with the association for goods or services, other than
   60  community association management services.
   61         (b) A community association manager or a community
   62  association management firm, including directors, officers, and
   63  persons with a financial interest in a community association
   64  management firm, or a relative of such persons, holds an
   65  interest in or receives compensation or any thing of value from
   66  a corporation, limited liability corporation, partnership,
   67  limited liability partnership, or other business entity that
   68  conducts business with the association or proposes to enter into
   69  a contract or other transaction with the association.
   70         (2) If the association receives and considers a bid to
   71  provide a good or service that exceeds $2,500, other than
   72  community association management services, from a community
   73  association manager or a community association management firm,
   74  including directors, officers, and persons with a financial
   75  interest in a community association management firm, or a
   76  relative of such persons, the association must also solicit
   77  multiple bids from other third-party providers of such good or
   78  service.
   79         (3) If a community association manager or a community
   80  association management firm, including directors, officers, and
   81  persons with a financial interest in a community association
   82  management firm, or a relative of such persons, proposes to
   83  engage in an activity that is a conflict of interest as
   84  described in subsection (1), the proposed activity must be
   85  listed on, and all contracts and transactional documents related
   86  to the proposed activity must be attached to, the meeting agenda
   87  of the next board of administration meeting. The disclosures of
   88  a possible conflict of interest must be entered into the written
   89  minutes of the meeting. Approval of the contract or other
   90  transaction requires an affirmative vote of two-thirds of all
   91  directors present. At the next regular or special meeting of the
   92  members, the existence of the conflict of interest and the
   93  contract or other transaction must be disclosed to the members.
   94  If a community association manager or community management firm
   95  has previously disclosed a conflict of interest in an existing
   96  management contract entered into between the board of directors
   97  and the community association manager or management firm, the
   98  conflict of interest does not need to be additionally noticed
   99  and voted on during the term of the contract between the
  100  community association and the community association manager or
  101  management firm, but must be noticed and voted on in accordance
  102  with this provision upon renewal.
  103         (4) If the board finds that a community association manager
  104  or a community association management firm, including directors,
  105  officers, and persons with a financial interest in a community
  106  association management firm, or a relative of such persons, has
  107  violated this section, the association may cancel its community
  108  association management contract with the community association
  109  manager or the community association management firm. If the
  110  contract is canceled, the association is liable only for the
  111  reasonable value of the management services provided up to the
  112  time of cancellation and is not liable for any termination fees,
  113  liquidated damages, or other form of penalty for such
  114  cancellation.
  115         (5) If an association enters into a contract, other than a
  116  contract for community association management services, with a
  117  community association manager or a community association
  118  management firm, including directors, officers, and persons with
  119  a financial interest in a community association management firm,
  120  or a relative of such persons, which is a party to or has an
  121  interest in an activity that is a possible conflict of interest
  122  as described in subsection (1) and that activity has not been
  123  properly disclosed as a conflict of interest or potential
  124  conflict of interest as required by this section, the contract
  125  is voidable and terminates upon the association filing a written
  126  notice terminating the contract.
  127         (6) As used in this section, the term “relative” means a
  128  relative within the third degree of consanguinity by blood or
  129  marriage.
  130         Section 3. Paragraph (b) of subsection (2) of section
  131  468.436, Florida Statutes, is amended, and subsection (4) of
  132  that section is reenacted, to read:
  133         468.436 Disciplinary proceedings.—
  134         (2) The following acts constitute grounds for which the
  135  disciplinary actions in subsection (4) may be taken:
  136         (b)1. Violation of any provision of this part.
  137         2. Violation of any lawful order or rule rendered or
  138  adopted by the department or the council.
  139         3. Being convicted of or pleading nolo contendere to a
  140  felony in any court in the United States.
  141         4. Obtaining a license or certification or any other order,
  142  ruling, or authorization by means of fraud, misrepresentation,
  143  or concealment of material facts.
  144         5. Committing acts of gross misconduct or gross negligence
  145  in connection with the profession.
  146         6. Contracting, on behalf of an association, with any
  147  entity in which the licensee has a financial interest that is
  148  not disclosed.
  149         7. Failing to disclose any conflict of interest as required
  150  by s. 468.4335.
  151         8. Violating any provision of chapter 718, chapter 719, or
  152  chapter 720 during the course of performing community
  153  association management services pursuant to a contract with a
  154  community association as defined in s. 468.431(1).
  155         (4) When the department finds any community association
  156  manager or firm guilty of any of the grounds set forth in
  157  subsection (2), it may enter an order imposing one or more of
  158  the following penalties:
  159         (a) Denial of an application for licensure.
  160         (b) Revocation or suspension of a license.
  161         (c) Imposition of an administrative fine not to exceed
  162  $5,000 for each count or separate offense.
  163         (d) Issuance of a reprimand.
  164         (e) Placement of the community association manager on
  165  probation for a period of time and subject to such conditions as
  166  the department specifies.
  167         (f) Restriction of the authorized scope of practice by the
  168  community association manager.
  169         Section 4. Subsection (4) of section 553.899, Florida
  170  Statutes, is amended to read:
  171         553.899 Mandatory structural inspections for condominium
  172  and cooperative buildings.—
  173         (4) The milestone inspection report must be arranged by a
  174  condominium or cooperative association and any owner of any
  175  portion of the building which is not subject to the condominium
  176  or cooperative form of ownership. The condominium association or
  177  cooperative association and any owner of any portion of the
  178  building which is not subject to the condominium or cooperative
  179  form of ownership are each responsible for ensuring compliance
  180  with the requirements of this section. The condominium
  181  association or cooperative association is responsible for all
  182  costs associated with the milestone inspection attributable to
  183  the portions of a building which the association is responsible
  184  to maintain under the governing documents of the association.
  185  This section does not apply to a single-family, two-family, or
  186  three-family, or four-family dwelling with three or fewer
  187  habitable stories above ground.
  188         Section 5. Present subsections (19) through (32) of section
  189  718.103, Florida Statutes, are redesignated as subsections (20)
  190  through (33), respectively, a new subsection (19) is added to
  191  that section, and subsection (1) of that section is amended, to
  192  read:
  193         718.103 Definitions.—As used in this chapter, the term:
  194         (1) “Alternative funding method” means a method approved by
  195  the division for funding the capital expenditures and planned
  196  deferred maintenance obligations for a multicondominium
  197  association operating at least 25 condominiums which may
  198  reasonably be expected to fully satisfy the association’s
  199  reserve funding obligations by the allocation of funds in the
  200  annual operating budget.
  201         (19) “Hurricane protection” means hurricane shutters,
  202  impact glass, code-compliant windows or doors, and other code
  203  compliant hurricane protection products used to preserve and
  204  protect the condominium property or association property.
  205         Section 6. Effective October 1, 2024, subsection (14) of
  206  section 718.103, Florida Statutes, is amended to read:
  207         718.103 Definitions.—As used in this chapter, the term:
  208         (14) “Condominium property” means the lands, leaseholds,
  209  improvements, any and personal property, and all easements and
  210  rights appurtenant thereto, regardless of whether contiguous,
  211  which that are subjected to condominium ownership, whether or
  212  not contiguous, and all improvements thereon and all easements
  213  and rights appurtenant thereto intended for use in connection
  214  with the condominium.
  215         Section 7. Paragraph (p) of subsection (4) of section
  216  718.104, Florida Statutes, is added to read:
  217         718.104 Creation of condominiums; contents of declaration.
  218  Every condominium created in this state shall be created
  219  pursuant to this chapter.
  220         (4) The declaration must contain or provide for the
  221  following matters:
  222         (p) For both residential condominiums and mixed-use
  223  condominiums, a statement that specifies whether the unit owner
  224  or the association is responsible for the installation,
  225  maintenance, repair, or replacement of hurricane protection that
  226  is for the preservation and protection of the condominium
  227  property and association property.
  228         Section 8. Effective October 1, 2024, paragraph (b) of
  229  subsection (4) of section 718.104, Florida Statutes, is amended
  230  to read:
  231         718.104 Creation of condominiums; contents of declaration.
  232  Every condominium created in this state shall be created
  233  pursuant to this chapter.
  234         (4) The declaration must contain or provide for the
  235  following matters:
  236         (b) The name by which the condominium property is to be
  237  identified, which shall include the word “condominium” or be
  238  followed by the words “a condominium.” Condominiums created
  239  within a portion of a building or within a multiple parcel
  240  building shall include the name by which the condominium is to
  241  be identified and be followed by “a condominium within a portion
  242  of a building or within a multiple parcel building.”
  243         Section 9. Paragraph (a) of subsection (1), paragraph (h)
  244  of subsection (11), and subsections (12), (13), and (15) of
  245  section 718.111, Florida Statutes, are amended to read:
  246         718.111 The association.—
  247         (1) CORPORATE ENTITY.—
  248         (a) The operation of the condominium shall be by the
  249  association, which must be a Florida corporation for profit or a
  250  Florida corporation not for profit. However, any association
  251  which was in existence on January 1, 1977, need not be
  252  incorporated. The owners of units shall be shareholders or
  253  members of the association. The officers and directors of the
  254  association have a fiduciary relationship to the unit owners. It
  255  is the intent of the Legislature that nothing in this paragraph
  256  shall be construed as providing for or removing a requirement of
  257  a fiduciary relationship between any manager employed by the
  258  association and the unit owners. An officer, director, or
  259  manager may not solicit, offer to accept, or accept a kickback.
  260  As used in this paragraph, the term “kickback” means any thing
  261  or service of value or kickback for which consideration has not
  262  been provided for an officer’s, a director’s, or a manager’s his
  263  or her own benefit or that of his or her immediate family, from
  264  any person providing or proposing to provide goods or services
  265  to the association. Any such officer, director, or manager who
  266  knowingly so solicits, offers to accept, or accepts a any thing
  267  or service of value or kickback commits a felony of the third
  268  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  269  775.084, and is subject to a civil penalty pursuant to s.
  270  718.501(1)(d) and, if applicable, a criminal penalty as provided
  271  in paragraph (d). However, this paragraph does not prohibit an
  272  officer, director, or manager from accepting services or items
  273  received in connection with trade fairs or education programs.
  274  An association may operate more than one condominium.
  275         (11) INSURANCE.—In order to protect the safety, health, and
  276  welfare of the people of the State of Florida and to ensure
  277  consistency in the provision of insurance coverage to
  278  condominiums and their unit owners, this subsection applies to
  279  every residential condominium in the state, regardless of the
  280  date of its declaration of condominium. It is the intent of the
  281  Legislature to encourage lower or stable insurance premiums for
  282  associations described in this subsection.
  283         (h) The association shall maintain insurance or fidelity
  284  bonding of all persons who control or disburse funds of the
  285  association. The insurance policy or fidelity bond must cover
  286  the maximum funds that will be in the custody of the association
  287  or its management agent at any one time. Upon receipt of a
  288  complaint, the division shall monitor compliance with this
  289  paragraph and may issue fines and penalties established by the
  290  division for failure of an association to maintain the required
  291  insurance policy or fidelity bond. As used in this paragraph,
  292  the term “persons who control or disburse funds of the
  293  association” includes, but is not limited to, those individuals
  294  authorized to sign checks on behalf of the association, and the
  295  president, secretary, and treasurer of the association. The
  296  association shall bear the cost of any such bonding.
  297         (12) OFFICIAL RECORDS.—
  298         (a) From the inception of the association, the association
  299  shall maintain each of the following items, if applicable, which
  300  constitutes the official records of the association:
  301         1. A copy of the plans, permits, warranties, and other
  302  items provided by the developer under s. 718.301(4).
  303         2. A photocopy of the recorded declaration of condominium
  304  of each condominium operated by the association and each
  305  amendment to each declaration.
  306         3. A photocopy of the recorded bylaws of the association
  307  and each amendment to the bylaws.
  308         4. A certified copy of the articles of incorporation of the
  309  association, or other documents creating the association, and
  310  each amendment thereto.
  311         5. A copy of the current rules of the association.
  312         6. A book or books that contain the minutes of all meetings
  313  of the association, the board of administration, and the unit
  314  owners.
  315         7. A current roster of all unit owners and their mailing
  316  addresses, unit identifications, voting certifications, and, if
  317  known, telephone numbers. The association shall also maintain
  318  the e-mail addresses and facsimile numbers of unit owners
  319  consenting to receive notice by electronic transmission. The e
  320  mail addresses and facsimile numbers are not accessible to unit
  321  owners if consent to receive notice by electronic transmission
  322  is not provided In accordance with sub-subparagraph (c)5.e.
  323  (c)3.e. , the e-mail addresses and facsimile numbers are
  324  accessible to unit owners only if consent to receive notice by
  325  electronic transmission is provided, the unit owner has
  326  expressly indicated that such personal information can be shared
  327  with other unit owners, and the unit owner has not provided the
  328  association with a request to opt-out of such dissemination with
  329  other unit owners. An association must ensure that such e-mail
  330  addresses and facsimile numbers are used only for the business
  331  operation of the association and may not be sold or shared with
  332  outside third parties. If such personal information is included
  333  in documents released to third parties other than unit owners,
  334  the association must redact such personal information before the
  335  document is disseminated. However, the association is not liable
  336  for an inadvertent disclosure of the e-mail address or facsimile
  337  number for receiving electronic transmission of notices unless
  338  disclosure was made with a knowing or intentional disregard of
  339  the protected nature of such information.
  340         8. All current insurance policies of the association and
  341  condominiums operated by the association.
  342         9. A current copy of any management agreement, lease, or
  343  other contract to which the association is a party or under
  344  which the association or the unit owners have an obligation or
  345  responsibility.
  346         10. Bills of sale or transfer for all property owned by the
  347  association.
  348         11. Accounting records for the association and separate
  349  accounting records for each condominium that the association
  350  operates. Any person who knowingly or intentionally defaces or
  351  destroys such records, or who knowingly or intentionally fails
  352  to create or maintain such records, with the intent of causing
  353  harm to the association or one or more of its members, is
  354  personally subject to a civil penalty pursuant to s.
  355  718.501(1)(d). The accounting records must include, but are not
  356  limited to:
  357         a. Accurate, itemized, and detailed records of all receipts
  358  and expenditures.
  359         b. All invoices, transaction receipts, or deposit slips
  360  that substantiate any receipt or expenditure of funds by the
  361  association.
  362         c. A current account and a monthly, bimonthly, or quarterly
  363  statement of the account for each unit designating the name of
  364  the unit owner, the due date and amount of each assessment, the
  365  amount paid on the account, and the balance due.
  366         d.c. All audits, reviews, accounting statements, structural
  367  integrity reserve studies, and financial reports of the
  368  association or condominium. Structural integrity reserve studies
  369  must be maintained for at least 15 years after the study is
  370  completed.
  371         e.d. All contracts for work to be performed. Bids for work
  372  to be performed are also considered official records and must be
  373  maintained by the association for at least 1 year after receipt
  374  of the bid.
  375         12. Ballots, sign-in sheets, voting proxies, and all other
  376  papers and electronic records relating to voting by unit owners,
  377  which must be maintained for 1 year from the date of the
  378  election, vote, or meeting to which the document relates,
  379  notwithstanding paragraph (b).
  380         13. All rental records if the association is acting as
  381  agent for the rental of condominium units.
  382         14. A copy of the current question and answer sheet as
  383  described in s. 718.504.
  384         15. A copy of the inspection reports described in ss.
  385  553.899 and 718.301(4)(p) and any other inspection report
  386  relating to a structural or life safety inspection of
  387  condominium property. Such record must be maintained by the
  388  association for 15 years after receipt of the report.
  389         16. Bids for materials, equipment, or services.
  390         17. All affirmative acknowledgments made pursuant to s.
  391  718.121(4)(c).
  392         18. A copy of all building permits.
  393         19.A copy of all satisfactorily completed board member
  394  educational certificates.
  395         20. All other written records of the association not
  396  specifically included in the foregoing which are related to the
  397  operation of the association.
  398         (b) The official records specified in subparagraphs (a)1.
  399  6. must be permanently maintained from the inception of the
  400  association. Bids for work to be performed or for materials,
  401  equipment, or services must be maintained for at least 1 year
  402  after receipt of the bid. All other official records must be
  403  maintained within the state for at least 7 years, unless
  404  otherwise provided by general law. The official records must be
  405  maintained in an organized manner that facilitates inspection of
  406  the records by a unit owner. In the event that the records are
  407  lost, destroyed, or otherwise unavailable, the obligation to
  408  maintain official records includes a good faith obligation to
  409  recover those records as may be reasonably possible. The records
  410  of the association shall be made available to a unit owner
  411  within 45 miles of the condominium property or within the county
  412  in which the condominium property is located within 10 working
  413  days after receipt of a written request by the board or its
  414  designee. However, such distance requirement does not apply to
  415  an association governing a timeshare condominium. This paragraph
  416  and paragraph (c) may be complied with by having a copy of the
  417  official records of the association available for inspection or
  418  copying on the condominium property or association property, or
  419  the association may offer the option of making the records
  420  available to a unit owner electronically via the Internet as
  421  provided under paragraph (g) or by allowing the records to be
  422  viewed in electronic format on a computer screen and printed
  423  upon request. The association is not responsible for the use or
  424  misuse of the information provided to an association member or
  425  his or her authorized representative in compliance with this
  426  chapter unless the association has an affirmative duty not to
  427  disclose such information under this chapter.
  428         (c)1.a. The official records of the association are open to
  429  inspection by any association member and any person authorized
  430  by an association member as a representative of such member at
  431  all reasonable times. The right to inspect the records includes
  432  the right to make or obtain copies, at the reasonable expense,
  433  if any, of the member and of the person authorized by the
  434  association member as a representative of such member. A renter
  435  of a unit has a right to inspect and copy only the declaration
  436  of condominium, the association’s bylaws and rules, and the
  437  inspection reports described in ss. 553.899 and 718.301(4)(p).
  438  The association may adopt reasonable rules regarding the
  439  frequency, time, location, notice, and manner of record
  440  inspections and copying but may not require a member to
  441  demonstrate any purpose or state any reason for the inspection.
  442  The failure of an association to provide the records within 10
  443  working days after receipt of a written request creates a
  444  rebuttable presumption that the association willfully failed to
  445  comply with this paragraph. A unit owner who is denied access to
  446  official records is entitled to the actual damages or minimum
  447  damages for the association’s willful failure to comply. Minimum
  448  damages are $50 per calendar day for up to 10 days, beginning on
  449  the 11th working day after receipt of the written request. The
  450  failure to permit inspection entitles any person prevailing in
  451  an enforcement action to recover reasonable attorney fees from
  452  the person in control of the records who, directly or
  453  indirectly, knowingly denied access to the records. If the
  454  requested records are posted on an association’s website, or are
  455  available for download through an application on a mobile
  456  device, the association may fulfill its obligations as provided
  457  under this paragraph by directing all persons authorized to
  458  request access to official records pursuant to this paragraph to
  459  the website or mobile device application.
  460         b.In response to a written request to inspect records, the
  461  association must simultaneously provide a checklist to the
  462  requestor of all records made available for inspection and
  463  copying. The checklist must also identify any of the
  464  association’s official records that were not made available to
  465  the requestor. An association must maintain a checklist provided
  466  under this sub-subparagraph for 7 years. An association
  467  delivering a checklist pursuant to this sub-subparagraph creates
  468  a rebuttable presumption that the association has complied with
  469  this paragraph.
  470         2. Any director or member of the board or association or a
  471  community association manager who knowingly, willfully, and
  472  repeatedly violates subparagraph 1. with the intent of causing
  473  harm to the association or one or more of its members commits a
  474  misdemeanor of the second degree, punishable as provided in s.
  475  775.082 or s. 775.083. For purposes of this subparagraph, the
  476  term “repeatedly” means two or more violations within a 12-month
  477  period.
  478         3.2. Any person who knowingly or intentionally defaces or
  479  destroys accounting records that are required by this chapter to
  480  be maintained during the period for which such records are
  481  required to be maintained, or who knowingly or intentionally
  482  fails to create or maintain accounting records that are required
  483  to be created or maintained, with the intent of causing harm to
  484  the association or one or more of its members, commits a
  485  misdemeanor of the first degree, punishable as provided in s.
  486  775.082 or s. 775.083, and is personally subject to a civil
  487  penalty pursuant to s. 718.501(1)(d).
  488         4. Any person who willfully and knowingly refuses to
  489  release or otherwise produce association records with the intent
  490  to avoid or escape detection, arrest, trial, or punishment for
  491  the commission of a crime, or to assist another person with such
  492  avoidance or escape, commits a felony of the third degree,
  493  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  494         5.3. The association shall maintain an adequate number of
  495  copies of the declaration, articles of incorporation, bylaws,
  496  and rules, and all amendments to each of the foregoing, as well
  497  as the question and answer sheet as described in s. 718.504 and
  498  year-end financial information required under this section, on
  499  the condominium property to ensure their availability to unit
  500  owners and prospective purchasers, and may charge its actual
  501  costs for preparing and furnishing these documents to those
  502  requesting the documents. An association shall allow a member or
  503  his or her authorized representative to use a portable device,
  504  including a smartphone, tablet, portable scanner, or any other
  505  technology capable of scanning or taking photographs, to make an
  506  electronic copy of the official records in lieu of the
  507  association’s providing the member or his or her authorized
  508  representative with a copy of such records. The association may
  509  not charge a member or his or her authorized representative for
  510  the use of a portable device. Notwithstanding this paragraph,
  511  the following records are not accessible to unit owners:
  512         a. Any record protected by the lawyer-client privilege as
  513  described in s. 90.502 and any record protected by the work
  514  product privilege, including a record prepared by an association
  515  attorney or prepared at the attorney’s express direction, which
  516  reflects a mental impression, conclusion, litigation strategy,
  517  or legal theory of the attorney or the association, and which
  518  was prepared exclusively for civil or criminal litigation or for
  519  adversarial administrative proceedings, or which was prepared in
  520  anticipation of such litigation or proceedings until the
  521  conclusion of the litigation or proceedings.
  522         b. Information obtained by an association in connection
  523  with the approval of the lease, sale, or other transfer of a
  524  unit.
  525         c. Personnel records of association or management company
  526  employees, including, but not limited to, disciplinary, payroll,
  527  health, and insurance records. For purposes of this sub
  528  subparagraph, the term “personnel records” does not include
  529  written employment agreements with an association employee or
  530  management company, or budgetary or financial records that
  531  indicate the compensation paid to an association employee.
  532         d. Medical records of unit owners.
  533         e. Social security numbers, driver license numbers, credit
  534  card numbers, e-mail addresses, telephone numbers, facsimile
  535  numbers, emergency contact information, addresses of a unit
  536  owner other than as provided to fulfill the association’s notice
  537  requirements, and other personal identifying information of any
  538  person, excluding the person’s name, unit designation, mailing
  539  address, property address, and any address, e-mail address, or
  540  facsimile number provided to the association to fulfill the
  541  association’s notice requirements. Notwithstanding the
  542  restrictions in this sub-subparagraph, an association may print
  543  and distribute to unit owners a directory containing the name,
  544  unit address, and all telephone numbers of each unit owner.
  545  However, an owner may exclude his or her telephone numbers from
  546  the directory by so requesting in writing to the association. An
  547  owner may consent in writing to the disclosure of other contact
  548  information described in this sub-subparagraph. The association
  549  is not liable for the inadvertent disclosure of information that
  550  is protected under this sub-subparagraph if the information is
  551  included in an official record of the association and is
  552  voluntarily provided by an owner and not requested by the
  553  association.
  554         f. Electronic security measures that are used by the
  555  association to safeguard data, including passwords.
  556         g. The software and operating system used by the
  557  association which allow the manipulation of data, even if the
  558  owner owns a copy of the same software used by the association.
  559  The data is part of the official records of the association.
  560         h. All affirmative acknowledgments made pursuant to s.
  561  718.121(4)(c).
  562         (d) The association shall prepare a question and answer
  563  sheet as described in s. 718.504, and shall update it annually.
  564         (e)1. The association or its authorized agent is not
  565  required to provide a prospective purchaser or lienholder with
  566  information about the condominium or the association other than
  567  information or documents required by this chapter to be made
  568  available or disclosed. The association or its authorized agent
  569  may charge a reasonable fee to the prospective purchaser,
  570  lienholder, or the current unit owner for providing good faith
  571  responses to requests for information by or on behalf of a
  572  prospective purchaser or lienholder, other than that required by
  573  law, if the fee does not exceed $150 plus the reasonable cost of
  574  photocopying and any attorney’s fees incurred by the association
  575  in connection with the response.
  576         2. An association and its authorized agent are not liable
  577  for providing such information in good faith pursuant to a
  578  written request if the person providing the information includes
  579  a written statement in substantially the following form: “The
  580  responses herein are made in good faith and to the best of my
  581  ability as to their accuracy.”
  582         (f) An outgoing board or committee member must relinquish
  583  all official records and property of the association in his or
  584  her possession or under his or her control to the incoming board
  585  within 5 days after the election. The division shall impose a
  586  civil penalty as set forth in s. 718.501(1)(d)6. against an
  587  outgoing board or committee member who willfully and knowingly
  588  fails to relinquish such records and property.
  589         (g)1. By January 1, 2019, an association managing a
  590  condominium with 150 or more units which does not contain
  591  timeshare units shall post digital copies of the documents
  592  specified in subparagraph 2. on its website or make such
  593  documents available through an application that can be
  594  downloaded on a mobile device.
  595         a. The association’s website or application must be:
  596         (I) An independent website, application, or web portal
  597  wholly owned and operated by the association; or
  598         (II) A website, application, or web portal operated by a
  599  third-party provider with whom the association owns, leases,
  600  rents, or otherwise obtains the right to operate a web page,
  601  subpage, web portal, collection of subpages or web portals, or
  602  an application which is dedicated to the association’s
  603  activities and on which required notices, records, and documents
  604  may be posted or made available by the association.
  605         b. The association’s website or application must be
  606  accessible through the Internet and must contain a subpage, web
  607  portal, or other protected electronic location that is
  608  inaccessible to the general public and accessible only to unit
  609  owners and employees of the association.
  610         c. Upon a unit owner’s written request, the association
  611  must provide the unit owner with a username and password and
  612  access to the protected sections of the association’s website or
  613  application which contain any notices, records, or documents
  614  that must be electronically provided.
  615         2. A current copy of the following documents must be posted
  616  in digital format on the association’s website or application:
  617         a. The recorded declaration of condominium of each
  618  condominium operated by the association and each amendment to
  619  each declaration.
  620         b. The recorded bylaws of the association and each
  621  amendment to the bylaws.
  622         c. The articles of incorporation of the association, or
  623  other documents creating the association, and each amendment to
  624  the articles of incorporation or other documents. The copy
  625  posted pursuant to this sub-subparagraph must be a copy of the
  626  articles of incorporation filed with the Department of State.
  627         d. The rules of the association.
  628         e. A list of all executory contracts or documents to which
  629  the association is a party or under which the association or the
  630  unit owners have an obligation or responsibility and, after
  631  bidding for the related materials, equipment, or services has
  632  closed, a list of bids received by the association within the
  633  past year. Summaries of bids for materials, equipment, or
  634  services which exceed $500 must be maintained on the website or
  635  application for 1 year. In lieu of summaries, complete copies of
  636  the bids may be posted.
  637         f. The annual budget required by s. 718.112(2)(f) and any
  638  proposed budget to be considered at the annual meeting.
  639         g. The financial report required by subsection (13) and any
  640  monthly income or expense statement to be considered at a
  641  meeting.
  642         h. The certification of each director required by s.
  643  718.112(2)(d)4.b.
  644         i. All contracts or transactions between the association
  645  and any director, officer, corporation, firm, or association
  646  that is not an affiliated condominium association or any other
  647  entity in which an association director is also a director or
  648  officer and financially interested.
  649         j. Any contract or document regarding a conflict of
  650  interest or possible conflict of interest as provided in ss.
  651  468.4335, 468.436(2)(b)6., and 718.3027(3).
  652         k. The notice of any unit owner meeting and the agenda for
  653  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  654  days before the meeting. The notice must be posted in plain view
  655  on the front page of the website or application, or on a
  656  separate subpage of the website or application labeled “Notices”
  657  which is conspicuously visible and linked from the front page.
  658  The association must also post on its website or application any
  659  document to be considered and voted on by the owners during the
  660  meeting or any document listed on the agenda at least 7 days
  661  before the meeting at which the document or the information
  662  within the document will be considered.
  663         l. Notice of any board meeting, the agenda, and any other
  664  document required for the meeting as required by s.
  665  718.112(2)(c), which must be posted no later than the date
  666  required for notice under s. 718.112(2)(c).
  667         m. The inspection reports described in ss. 553.899 and
  668  718.301(4)(p) and any other inspection report relating to a
  669  structural or life safety inspection of condominium property.
  670         n. The association’s most recent structural integrity
  671  reserve study, if applicable.
  672         o. Copies of all building permits issued for ongoing or
  673  planned construction.
  674         3. The association shall ensure that the information and
  675  records described in paragraph (c), which are not allowed to be
  676  accessible to unit owners, are not posted on the association’s
  677  website or application. If protected information or information
  678  restricted from being accessible to unit owners is included in
  679  documents that are required to be posted on the association’s
  680  website or application, the association shall ensure the
  681  information is redacted before posting the documents.
  682  Notwithstanding the foregoing, the association or its agent is
  683  not liable for disclosing information that is protected or
  684  restricted under this paragraph unless such disclosure was made
  685  with a knowing or intentional disregard of the protected or
  686  restricted nature of such information.
  687         4. The failure of the association to post information
  688  required under subparagraph 2. is not in and of itself
  689  sufficient to invalidate any action or decision of the
  690  association’s board or its committees.
  691         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  692  the fiscal year, or annually on a date provided in the bylaws,
  693  the association shall prepare and complete, or contract for the
  694  preparation and completion of, a financial report for the
  695  preceding fiscal year. Within 21 days after the final financial
  696  report is completed by the association or received from the
  697  third party, but not later than 120 days after the end of the
  698  fiscal year or other date as provided in the bylaws, the
  699  association shall deliver mail to each unit owner, by United
  700  States mail or personal delivery at the mailing address,
  701  property address, e-mail address, or facsimile number provided
  702  to fulfill the association’s notice requirements at the address
  703  last furnished to the association by the unit owner, or hand
  704  deliver to each unit owner, a copy of the most recent financial
  705  report or a notice that a copy of the most recent financial
  706  report will be mailed or hand delivered to the unit owner,
  707  without charge, within 5 business days after receipt of a
  708  written request from the unit owner. The division shall adopt
  709  rules setting forth uniform accounting principles and standards
  710  to be used by all associations and addressing the financial
  711  reporting requirements for multicondominium associations. The
  712  rules must include, but not be limited to, standards for
  713  presenting a summary of association reserves, including a good
  714  faith estimate disclosing the annual amount of reserve funds
  715  that would be necessary for the association to fully fund
  716  reserves for each reserve item based on the straight-line
  717  accounting method. This disclosure is not applicable to reserves
  718  funded via the pooling method. In adopting such rules, the
  719  division shall consider the number of members and annual
  720  revenues of an association. Financial reports shall be prepared
  721  as follows:
  722         (a) An association that meets the criteria of this
  723  paragraph shall prepare a complete set of financial statements
  724  in accordance with generally accepted accounting principles. The
  725  financial statements must be based upon the association’s total
  726  annual revenues, as follows:
  727         1. An association with total annual revenues of $150,000 or
  728  more, but less than $300,000, shall prepare compiled financial
  729  statements.
  730         2. An association with total annual revenues of at least
  731  $300,000, but less than $500,000, shall prepare reviewed
  732  financial statements.
  733         3. An association with total annual revenues of $500,000 or
  734  more shall prepare audited financial statements.
  735         (b)1. An association with total annual revenues of less
  736  than $150,000 shall prepare a report of cash receipts and
  737  expenditures.
  738         2. A report of cash receipts and disbursements must
  739  disclose the amount of receipts by accounts and receipt
  740  classifications and the amount of expenses by accounts and
  741  expense classifications, including, but not limited to, the
  742  following, as applicable: costs for security, professional and
  743  management fees and expenses, taxes, costs for recreation
  744  facilities, expenses for refuse collection and utility services,
  745  expenses for lawn care, costs for building maintenance and
  746  repair, insurance costs, administration and salary expenses, and
  747  reserves accumulated and expended for capital expenditures,
  748  planned deferred maintenance, and any other category for which
  749  the association maintains reserves.
  750         (c) An association may prepare, without a meeting of or
  751  approval by the unit owners:
  752         1. Compiled, reviewed, or audited financial statements, if
  753  the association is required to prepare a report of cash receipts
  754  and expenditures;
  755         2. Reviewed or audited financial statements, if the
  756  association is required to prepare compiled financial
  757  statements; or
  758         3. Audited financial statements if the association is
  759  required to prepare reviewed financial statements.
  760         (d) If approved by a majority of the voting interests
  761  present at a properly called meeting of the association, an
  762  association may prepare:
  763         1. A report of cash receipts and expenditures in lieu of a
  764  compiled, reviewed, or audited financial statement;
  765         2. A report of cash receipts and expenditures or a compiled
  766  financial statement in lieu of a reviewed or audited financial
  767  statement; or
  768         3. A report of cash receipts and expenditures, a compiled
  769  financial statement, or a reviewed financial statement in lieu
  770  of an audited financial statement.
  771  
  772  Such meeting and approval must occur before the end of the
  773  fiscal year and is effective only for the fiscal year in which
  774  the vote is taken. An association may not prepare a financial
  775  report pursuant to this paragraph for consecutive fiscal years,
  776  except that the approval may also be effective for the following
  777  fiscal year. If the developer has not turned over control of the
  778  association, all unit owners, including the developer, may vote
  779  on issues related to the preparation of the association’s
  780  financial reports, from the date of incorporation of the
  781  association through the end of the second fiscal year after the
  782  fiscal year in which the certificate of a surveyor and mapper is
  783  recorded pursuant to s. 718.104(4)(e) or an instrument that
  784  transfers title to a unit in the condominium which is not
  785  accompanied by a recorded assignment of developer rights in
  786  favor of the grantee of such unit is recorded, whichever occurs
  787  first. Thereafter, all unit owners except the developer may vote
  788  on such issues until control is turned over to the association
  789  by the developer. Any audit or review prepared under this
  790  section shall be paid for by the developer if done before
  791  turnover of control of the association.
  792         (e) A unit owner may provide written notice to the division
  793  of the association’s failure to mail or hand deliver him or her
  794  a copy of the most recent financial report within 5 business
  795  days after he or she submitted a written request to the
  796  association for a copy of such report. If the division
  797  determines that the association failed to mail or hand deliver a
  798  copy of the most recent financial report to the unit owner, the
  799  division shall provide written notice to the association that
  800  the association must mail or hand deliver a copy of the most
  801  recent financial report to the unit owner and the division
  802  within 5 business days after it receives such notice from the
  803  division. An association that fails to comply with the
  804  division’s request may not waive the financial reporting
  805  requirement provided in paragraph (d) for the fiscal year in
  806  which the unit owner’s request was made and the following fiscal
  807  year. A financial report received by the division pursuant to
  808  this paragraph shall be maintained, and the division shall
  809  provide a copy of such report to an association member upon his
  810  or her request.
  811         (15) DEBIT CARDS.—
  812         (a) An association and its officers, directors, employees,
  813  and agents may not use a debit card issued in the name of the
  814  association, or billed directly to the association, for the
  815  payment of any association expense.
  816         (b) A person who uses Use of a debit card issued in the
  817  name of the association, or billed directly to the association,
  818  for any expense that is not a lawful obligation of the
  819  association commits theft under s. 812.014. For the purposes of
  820  this paragraph, the term “lawful obligation of the association”
  821  means an obligation that has been properly preapproved by the
  822  board and is reflected in the meeting minutes or the written
  823  budget may be prosecuted as credit card fraud pursuant to s.
  824  817.61.
  825         Section 10. Effective January 1, 2026, paragraph (g) of
  826  subsection (12) of section 718.111, Florida Statutes, as amended
  827  by this act, is amended to read:
  828         718.111 The association.—
  829         (12) OFFICIAL RECORDS.—
  830         (g)1. By January 1, 2019, An association managing a
  831  condominium with 25 150 or more units which does not contain
  832  timeshare units shall post digital copies of the documents
  833  specified in subparagraph 2. on its website or make such
  834  documents available through an application that can be
  835  downloaded on a mobile device.
  836         a. The association’s website or application must be:
  837         (I) An independent website, application, or web portal
  838  wholly owned and operated by the association; or
  839         (II) A website, application, or web portal operated by a
  840  third-party provider with whom the association owns, leases,
  841  rents, or otherwise obtains the right to operate a web page,
  842  subpage, web portal, collection of subpages or web portals, or
  843  an application which is dedicated to the association’s
  844  activities and on which required notices, records, and documents
  845  may be posted or made available by the association.
  846         b. The association’s website or application must be
  847  accessible through the Internet and must contain a subpage, web
  848  portal, or other protected electronic location that is
  849  inaccessible to the general public and accessible only to unit
  850  owners and employees of the association.
  851         c. Upon a unit owner’s written request, the association
  852  must provide the unit owner with a username and password and
  853  access to the protected sections of the association’s website or
  854  application which contain any notices, records, or documents
  855  that must be electronically provided.
  856         2. A current copy of the following documents must be posted
  857  in digital format on the association’s website or application:
  858         a. The recorded declaration of condominium of each
  859  condominium operated by the association and each amendment to
  860  each declaration.
  861         b. The recorded bylaws of the association and each
  862  amendment to the bylaws.
  863         c. The articles of incorporation of the association, or
  864  other documents creating the association, and each amendment to
  865  the articles of incorporation or other documents. The copy
  866  posted pursuant to this sub-subparagraph must be a copy of the
  867  articles of incorporation filed with the Department of State.
  868         d. The rules of the association.
  869         e. A list of all executory contracts or documents to which
  870  the association is a party or under which the association or the
  871  unit owners have an obligation or responsibility and, after
  872  bidding for the related materials, equipment, or services has
  873  closed, a list of bids received by the association within the
  874  past year. Summaries of bids for materials, equipment, or
  875  services which exceed $500 must be maintained on the website or
  876  application for 1 year. In lieu of summaries, complete copies of
  877  the bids may be posted.
  878         f. The annual budget required by s. 718.112(2)(f) and any
  879  proposed budget to be considered at the annual meeting.
  880         g. The financial report required by subsection (13) and any
  881  monthly income or expense statement to be considered at a
  882  meeting.
  883         h. The certification of each director required by s.
  884  718.112(2)(d)4.b.
  885         i. All contracts or transactions between the association
  886  and any director, officer, corporation, firm, or association
  887  that is not an affiliated condominium association or any other
  888  entity in which an association director is also a director or
  889  officer and financially interested.
  890         j. Any contract or document regarding a conflict of
  891  interest or possible conflict of interest as provided in ss.
  892  468.4335, 468.436(2)(b)6., and 718.3027(3).
  893         k. The notice of any unit owner meeting and the agenda for
  894  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  895  days before the meeting. The notice must be posted in plain view
  896  on the front page of the website or application, or on a
  897  separate subpage of the website or application labeled “Notices”
  898  which is conspicuously visible and linked from the front page.
  899  The association must also post on its website or application any
  900  document to be considered and voted on by the owners during the
  901  meeting or any document listed on the agenda at least 7 days
  902  before the meeting at which the document or the information
  903  within the document will be considered.
  904         l. Notice of any board meeting, the agenda, and any other
  905  document required for the meeting as required by s.
  906  718.112(2)(c), which must be posted no later than the date
  907  required for notice under s. 718.112(2)(c).
  908         m. The inspection reports described in ss. 553.899 and
  909  718.301(4)(p) and any other inspection report relating to a
  910  structural or life safety inspection of condominium property.
  911         n. The association’s most recent structural integrity
  912  reserve study, if applicable.
  913         o. Copies of all building permits issued for ongoing or
  914  planned construction.
  915         3. The association shall ensure that the information and
  916  records described in paragraph (c), which are not allowed to be
  917  accessible to unit owners, are not posted on the association’s
  918  website or application. If protected information or information
  919  restricted from being accessible to unit owners is included in
  920  documents that are required to be posted on the association’s
  921  website or application, the association shall ensure the
  922  information is redacted before posting the documents.
  923  Notwithstanding the foregoing, the association or its agent is
  924  not liable for disclosing information that is protected or
  925  restricted under this paragraph unless such disclosure was made
  926  with a knowing or intentional disregard of the protected or
  927  restricted nature of such information.
  928         4. The failure of the association to post information
  929  required under subparagraph 2. is not in and of itself
  930  sufficient to invalidate any action or decision of the
  931  association’s board or its committees.
  932         Section 11. Paragraphs (c), (d), (f), (g), and (q) of
  933  subsection (2) of section 718.112, Florida Statutes, are
  934  amended, and paragraph (r) is added to that subsection, to read:
  935         718.112 Bylaws.—
  936         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  937  following and, if they do not do so, shall be deemed to include
  938  the following:
  939         (c) Board of administration meetings.In a residential
  940  condominium association of more than 10 units, the board of
  941  administration shall meet at least once each quarter. At least
  942  four times each year, the meeting agenda must include an
  943  opportunity for members to ask questions. Meetings of the board
  944  of administration at which a quorum of the members is present
  945  are open to all unit owners. Members of the board of
  946  administration may use e-mail as a means of communication but
  947  may not cast a vote on an association matter via e-mail. A unit
  948  owner may tape record or videotape the meetings. The right to
  949  attend such meetings includes the right to speak at such
  950  meetings with reference to all designated agenda items, and the
  951  right to ask questions with respect to reports on the status of
  952  construction or repair projects, status of revenues and
  953  expenditures during the current fiscal year, and other issues
  954  affecting the condominium. The division shall adopt reasonable
  955  rules governing the tape recording and videotaping of the
  956  meeting. The association may adopt written reasonable rules
  957  governing the frequency, duration, and manner of unit owner
  958  statements.
  959         1. Adequate notice of all board meetings, which must
  960  specifically identify all agenda items, must be posted
  961  conspicuously on the condominium property at least 48 continuous
  962  hours before the meeting except in an emergency. If 20 percent
  963  of the voting interests petition the board to address an item of
  964  business, the board, within 60 days after receipt of the
  965  petition, shall place the item on the agenda at its next regular
  966  board meeting or at a special meeting called for that purpose.
  967  An item not included on the notice may be taken up on an
  968  emergency basis by a vote of at least a majority plus one of the
  969  board members. Such emergency action must be noticed and
  970  ratified at the next regular board meeting. Written notice of a
  971  meeting at which a nonemergency special assessment or an
  972  amendment to rules regarding unit use will be considered must be
  973  mailed, delivered, or electronically transmitted to the unit
  974  owners and posted conspicuously on the condominium property at
  975  least 14 days before the meeting. Evidence of compliance with
  976  this 14-day notice requirement must be made by an affidavit
  977  executed by the person providing the notice and filed with the
  978  official records of the association. Notice of any meeting in
  979  which regular or special assessments against unit owners are to
  980  be considered must specifically state that assessments will be
  981  considered and provide the estimated cost and description of the
  982  purposes for such assessments.
  983         2. Upon notice to the unit owners, the board shall, by duly
  984  adopted rule, designate a specific location on the condominium
  985  property where all notices of board meetings must be posted. If
  986  there is no condominium property where notices can be posted,
  987  notices shall be mailed, delivered, or electronically
  988  transmitted to each unit owner at least 14 days before the
  989  meeting. In lieu of or in addition to the physical posting of
  990  the notice on the condominium property, the association may, by
  991  reasonable rule, adopt a procedure for conspicuously posting and
  992  repeatedly broadcasting the notice and the agenda on a closed
  993  circuit cable television system serving the condominium
  994  association. However, if broadcast notice is used in lieu of a
  995  notice physically posted on condominium property, the notice and
  996  agenda must be broadcast at least four times every broadcast
  997  hour of each day that a posted notice is otherwise required
  998  under this section. If broadcast notice is provided, the notice
  999  and agenda must be broadcast in a manner and for a sufficient
 1000  continuous length of time so as to allow an average reader to
 1001  observe the notice and read and comprehend the entire content of
 1002  the notice and the agenda. In addition to any of the authorized
 1003  means of providing notice of a meeting of the board, the
 1004  association may, by rule, adopt a procedure for conspicuously
 1005  posting the meeting notice and the agenda on a website serving
 1006  the condominium association for at least the minimum period of
 1007  time for which a notice of a meeting is also required to be
 1008  physically posted on the condominium property. Any rule adopted
 1009  shall, in addition to other matters, include a requirement that
 1010  the association send an electronic notice in the same manner as
 1011  a notice for a meeting of the members, which must include a
 1012  hyperlink to the website where the notice is posted, to unit
 1013  owners whose e-mail addresses are included in the association’s
 1014  official records.
 1015         3. Notice of any meeting in which regular or special
 1016  assessments against unit owners are to be considered must
 1017  specifically state that assessments will be considered and
 1018  provide the estimated cost and description of the purposes for
 1019  such assessments. If an agenda item relates to the approval of a
 1020  contract for goods or services, a copy of the contract must be
 1021  provided with the notice, made available for inspection and
 1022  copying upon a written request from a unit owner, or made
 1023  available on the association’s website or through an application
 1024  that can be downloaded on a mobile device.
 1025         4.2. Meetings of a committee to take final action on behalf
 1026  of the board or make recommendations to the board regarding the
 1027  association budget are subject to this paragraph. Meetings of a
 1028  committee that does not take final action on behalf of the board
 1029  or make recommendations to the board regarding the association
 1030  budget are subject to this section, unless those meetings are
 1031  exempted from this section by the bylaws of the association.
 1032         5.3. Notwithstanding any other law, the requirement that
 1033  board meetings and committee meetings be open to the unit owners
 1034  does not apply to:
 1035         a. Meetings between the board or a committee and the
 1036  association’s attorney, with respect to proposed or pending
 1037  litigation, if the meeting is held for the purpose of seeking or
 1038  rendering legal advice; or
 1039         b. Board meetings held for the purpose of discussing
 1040  personnel matters.
 1041         (d) Unit owner meetings.—
 1042         1. An annual meeting of the unit owners must be held at the
 1043  location provided in the association bylaws and, if the bylaws
 1044  are silent as to the location, the meeting must be held within
 1045  45 miles of the condominium property. However, such distance
 1046  requirement does not apply to an association governing a
 1047  timeshare condominium.
 1048         2. Unless the bylaws provide otherwise, a vacancy on the
 1049  board caused by the expiration of a director’s term must be
 1050  filled by electing a new board member, and the election must be
 1051  by secret ballot. An election is not required if the number of
 1052  vacancies equals or exceeds the number of candidates. For
 1053  purposes of this paragraph, the term “candidate” means an
 1054  eligible person who has timely submitted the written notice, as
 1055  described in sub-subparagraph 4.a., of his or her intention to
 1056  become a candidate. Except in a timeshare or nonresidential
 1057  condominium, or if the staggered term of a board member does not
 1058  expire until a later annual meeting, or if all members’ terms
 1059  would otherwise expire but there are no candidates, the terms of
 1060  all board members expire at the annual meeting, and such members
 1061  may stand for reelection unless prohibited by the bylaws. Board
 1062  members may serve terms longer than 1 year if permitted by the
 1063  bylaws or articles of incorporation. A board member may not
 1064  serve more than 8 consecutive years unless approved by an
 1065  affirmative vote of unit owners representing two-thirds of all
 1066  votes cast in the election or unless there are not enough
 1067  eligible candidates to fill the vacancies on the board at the
 1068  time of the vacancy. Only board service that occurs on or after
 1069  July 1, 2018, may be used when calculating a board member’s term
 1070  limit. If the number of board members whose terms expire at the
 1071  annual meeting equals or exceeds the number of candidates, the
 1072  candidates become members of the board effective upon the
 1073  adjournment of the annual meeting. Unless the bylaws provide
 1074  otherwise, any remaining vacancies shall be filled by the
 1075  affirmative vote of the majority of the directors making up the
 1076  newly constituted board even if the directors constitute less
 1077  than a quorum or there is only one director. In a residential
 1078  condominium association of more than 10 units or in a
 1079  residential condominium association that does not include
 1080  timeshare units or timeshare interests, co-owners of a unit may
 1081  not serve as members of the board of directors at the same time
 1082  unless they own more than one unit or unless there are not
 1083  enough eligible candidates to fill the vacancies on the board at
 1084  the time of the vacancy. A unit owner in a residential
 1085  condominium desiring to be a candidate for board membership must
 1086  comply with sub-subparagraph 4.a. and must be eligible to be a
 1087  candidate to serve on the board of directors at the time of the
 1088  deadline for submitting a notice of intent to run in order to
 1089  have his or her name listed as a proper candidate on the ballot
 1090  or to serve on the board. A person who has been suspended or
 1091  removed by the division under this chapter, or who is delinquent
 1092  in the payment of any assessment due to the association, is not
 1093  eligible to be a candidate for board membership and may not be
 1094  listed on the ballot. For purposes of this paragraph, a person
 1095  is delinquent if a payment is not made by the due date as
 1096  specifically identified in the declaration of condominium,
 1097  bylaws, or articles of incorporation. If a due date is not
 1098  specifically identified in the declaration of condominium,
 1099  bylaws, or articles of incorporation, the due date is the first
 1100  day of the assessment period. A person who has been convicted of
 1101  any felony in this state or in a United States District or
 1102  Territorial Court, or who has been convicted of any offense in
 1103  another jurisdiction which would be considered a felony if
 1104  committed in this state, is not eligible for board membership
 1105  unless such felon’s civil rights have been restored for at least
 1106  5 years as of the date such person seeks election to the board.
 1107  The validity of an action by the board is not affected if it is
 1108  later determined that a board member is ineligible for board
 1109  membership due to having been convicted of a felony. This
 1110  subparagraph does not limit the term of a member of the board of
 1111  a nonresidential or timeshare condominium.
 1112         3. The bylaws must provide the method of calling meetings
 1113  of unit owners, including annual meetings. Written notice of an
 1114  annual meeting must include an agenda; be mailed, hand
 1115  delivered, or electronically transmitted to each unit owner at
 1116  least 14 days before the annual meeting; and be posted in a
 1117  conspicuous place on the condominium property or association
 1118  property at least 14 continuous days before the annual meeting.
 1119  Written notice of a meeting other than an annual meeting must
 1120  include an agenda; be mailed, hand delivered, or electronically
 1121  transmitted to each unit owner; and be posted in a conspicuous
 1122  place on the condominium property or association property within
 1123  the timeframe specified in the bylaws. If the bylaws do not
 1124  specify a timeframe for written notice of a meeting other than
 1125  an annual meeting, notice must be provided at least 14
 1126  continuous days before the meeting. Upon notice to the unit
 1127  owners, the board shall, by duly adopted rule, designate a
 1128  specific location on the condominium property or association
 1129  property where all notices of unit owner meetings must be
 1130  posted. This requirement does not apply if there is no
 1131  condominium property for posting notices. In lieu of, or in
 1132  addition to, the physical posting of meeting notices, the
 1133  association may, by reasonable rule, adopt a procedure for
 1134  conspicuously posting and repeatedly broadcasting the notice and
 1135  the agenda on a closed-circuit cable television system serving
 1136  the condominium association. However, if broadcast notice is
 1137  used in lieu of a notice posted physically on the condominium
 1138  property, the notice and agenda must be broadcast at least four
 1139  times every broadcast hour of each day that a posted notice is
 1140  otherwise required under this section. If broadcast notice is
 1141  provided, the notice and agenda must be broadcast in a manner
 1142  and for a sufficient continuous length of time so as to allow an
 1143  average reader to observe the notice and read and comprehend the
 1144  entire content of the notice and the agenda. In addition to any
 1145  of the authorized means of providing notice of a meeting of the
 1146  board, the association may, by rule, adopt a procedure for
 1147  conspicuously posting the meeting notice and the agenda on a
 1148  website serving the condominium association for at least the
 1149  minimum period of time for which a notice of a meeting is also
 1150  required to be physically posted on the condominium property.
 1151  Any rule adopted shall, in addition to other matters, include a
 1152  requirement that the association send an electronic notice in
 1153  the same manner as a notice for a meeting of the members, which
 1154  must include a hyperlink to the website where the notice is
 1155  posted, to unit owners whose e-mail addresses are included in
 1156  the association’s official records. Unless a unit owner waives
 1157  in writing the right to receive notice of the annual meeting,
 1158  such notice must be hand delivered, mailed, or electronically
 1159  transmitted to each unit owner. Notice for meetings and notice
 1160  for all other purposes must be mailed to each unit owner at the
 1161  address last furnished to the association by the unit owner, or
 1162  hand delivered to each unit owner. However, if a unit is owned
 1163  by more than one person, the association must provide notice to
 1164  the address that the developer identifies for that purpose and
 1165  thereafter as one or more of the owners of the unit advise the
 1166  association in writing, or if no address is given or the owners
 1167  of the unit do not agree, to the address provided on the deed of
 1168  record. An officer of the association, or the manager or other
 1169  person providing notice of the association meeting, must provide
 1170  an affidavit or United States Postal Service certificate of
 1171  mailing, to be included in the official records of the
 1172  association affirming that the notice was mailed or hand
 1173  delivered in accordance with this provision.
 1174         4. The members of the board of a residential condominium
 1175  shall be elected by written ballot or voting machine. Proxies
 1176  may not be used in electing the board in general elections or
 1177  elections to fill vacancies caused by recall, resignation, or
 1178  otherwise, unless otherwise provided in this chapter. This
 1179  subparagraph does not apply to an association governing a
 1180  timeshare condominium.
 1181         a. At least 60 days before a scheduled election, the
 1182  association shall mail, deliver, or electronically transmit, by
 1183  separate association mailing or included in another association
 1184  mailing, delivery, or transmission, including regularly
 1185  published newsletters, to each unit owner entitled to a vote, a
 1186  first notice of the date of the election. A unit owner or other
 1187  eligible person desiring to be a candidate for the board must
 1188  give written notice of his or her intent to be a candidate to
 1189  the association at least 40 days before a scheduled election.
 1190  Together with the written notice and agenda as set forth in
 1191  subparagraph 3., the association shall mail, deliver, or
 1192  electronically transmit a second notice of the election to all
 1193  unit owners entitled to vote, together with a ballot that lists
 1194  all candidates not less than 14 days or more than 34 days before
 1195  the date of the election. Upon request of a candidate, an
 1196  information sheet, no larger than 8 1/2 inches by 11 inches,
 1197  which must be furnished by the candidate at least 35 days before
 1198  the election, must be included with the mailing, delivery, or
 1199  transmission of the ballot, with the costs of mailing, delivery,
 1200  or electronic transmission and copying to be borne by the
 1201  association. The association is not liable for the contents of
 1202  the information sheets prepared by the candidates. In order to
 1203  reduce costs, the association may print or duplicate the
 1204  information sheets on both sides of the paper. The division
 1205  shall by rule establish voting procedures consistent with this
 1206  sub-subparagraph, including rules establishing procedures for
 1207  giving notice by electronic transmission and rules providing for
 1208  the secrecy of ballots. Elections shall be decided by a
 1209  plurality of ballots cast. There is no quorum requirement;
 1210  however, at least 20 percent of the eligible voters must cast a
 1211  ballot in order to have a valid election. A unit owner may not
 1212  authorize any other person to vote his or her ballot, and any
 1213  ballots improperly cast are invalid. A unit owner who violates
 1214  this provision may be fined by the association in accordance
 1215  with s. 718.303. A unit owner who needs assistance in casting
 1216  the ballot for the reasons stated in s. 101.051 may obtain such
 1217  assistance. The regular election must occur on the date of the
 1218  annual meeting. Notwithstanding this sub-subparagraph, an
 1219  election is not required unless more candidates file notices of
 1220  intent to run or are nominated than board vacancies exist.
 1221         b. A director of a Within 90 days after being elected or
 1222  appointed to the board of an association of a residential
 1223  condominium, each newly elected or appointed director shall:
 1224         (I) Certify in writing to the secretary of the association
 1225  that he or she has read the association’s declaration of
 1226  condominium, articles of incorporation, bylaws, and current
 1227  written policies; that he or she will work to uphold such
 1228  documents and policies to the best of his or her ability; and
 1229  that he or she will faithfully discharge his or her fiduciary
 1230  responsibility to the association’s members. In lieu of this
 1231  written certification, within 90 days after being elected or
 1232  appointed to the board, the newly elected or appointed director
 1233  may
 1234         (II) Submit to the secretary of the association a
 1235  certificate of having satisfactorily completed the educational
 1236  curriculum administered by the division or a division-approved
 1237  condominium education provider within 1 year before or 90 days
 1238  after the date of election or appointment. The education
 1239  curriculum must be least 4 hours long and include instruction on
 1240  milestone inspections, structural integrity reserve studies,
 1241  elections, recordkeeping, financial literacy and transparency,
 1242  levying of fines, and notice and meeting requirements.
 1243  
 1244  Each newly elected or appointed director must submit the written
 1245  certification and educational certificate to the secretary of
 1246  the association within 1 year before being elected or appointed
 1247  or within 90 days after the date of election or appointment. A
 1248  director of an association of a residential condominium who was
 1249  elected or appointed before July 1, 2024, shall comply with the
 1250  written certification and educational certificate requirements
 1251  in this sub-subparagraph by June 30, 2025. The written
 1252  certification and or educational certificate is valid for 7
 1253  years from the date of issuance and does not have to be
 1254  resubmitted as long as the director serves on the board without
 1255  interruption during the 7-year period. A director who is
 1256  appointed by the developer may satisfy the educational
 1257  certificate requirement in sub-sub-subparagraph (II) for any
 1258  subsequent appointment to a board by a developer within 7 years
 1259  after the date of issuance of the most recent educational
 1260  certificate, including any interruption of service on a board or
 1261  an appointment to a board in another association within that 7
 1262  year period. Additionally, 1 year after submission of the most
 1263  recent written certification and educational certificate, and
 1264  annually thereafter, a director of an association of a
 1265  residential condominium must submit to the secretary of the
 1266  association a certificate of having satisfactorily completed an
 1267  educational curriculum administered by a division-approved
 1268  condominium education provider, relating to any recent changes
 1269  to this chapter and the related administrative rules, during the
 1270  past year. The cost of a required educational curriculum and
 1271  certificate is an expense of the association which the
 1272  association may pay on behalf of the director or reimburse the
 1273  director for his or her expense. A director of an association of
 1274  a residential condominium who fails to timely file the written
 1275  certification and or educational certificate is suspended from
 1276  service on the board until he or she complies with this sub
 1277  subparagraph. The board may temporarily fill the vacancy during
 1278  the period of suspension. The secretary shall cause the
 1279  association to retain a director’s written certification and or
 1280  educational certificate for inspection by the members for 7 5
 1281  years after a director’s election or the duration of the
 1282  director’s uninterrupted tenure, whichever is longer. Failure to
 1283  have such written certification and or educational certificate
 1284  on file does not affect the validity of 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. If the local
 1405  building official, as defined in s. 468.603, determines that the
 1406  entire condominium building is uninhabitable due to a natural
 1407  emergency, as defined in s. 252.34, the board, upon the approval
 1408  of a majority of its members, may pause the contribution to its
 1409  reserves or reduce reserve funding until the local building
 1410  official determines that the condominium building is habitable.
 1411  Any reserve account funds held by the association may be
 1412  expended, pursuant to the board’s determination, to make the
 1413  condominium building and its structures habitable. Upon the
 1414  determination by the local building official that the
 1415  condominium building and its structures are habitable, the
 1416  association must immediately resume contributing funds to its
 1417  reserves.
 1418         b. Before turnover of control of an association by a
 1419  developer to unit owners other than a developer under s.
 1420  718.301, the developer-controlled association may not vote to
 1421  waive the reserves or reduce funding of the reserves. If a
 1422  meeting of the unit owners has been called to determine whether
 1423  to waive or reduce the funding of reserves and no such result is
 1424  achieved or a quorum is not attained, the reserves included in
 1425  the budget shall go into effect. After the turnover, the
 1426  developer may vote its voting interest to waive or reduce the
 1427  funding of reserves.
 1428         3. Reserve funds and any interest accruing thereon shall
 1429  remain in the reserve account or accounts, and may be used only
 1430  for authorized reserve expenditures unless their use for other
 1431  purposes is approved in advance by a majority vote of all the
 1432  total voting interests of the association. Before turnover of
 1433  control of an association by a developer to unit owners other
 1434  than the developer pursuant to s. 718.301, the developer
 1435  controlled association may not vote to use reserves for purposes
 1436  other than those for which they were intended. For a budget
 1437  adopted on or after December 31, 2024, members of a unit-owner
 1438  controlled association that must obtain a structural integrity
 1439  reserve study may not vote to use reserve funds, or any interest
 1440  accruing thereon, for any other purpose other than the
 1441  replacement or planned deferred maintenance costs of the
 1442  components listed in paragraph (g).
 1443         4. The only voting interests that are eligible to vote on
 1444  questions that involve waiving or reducing the funding of
 1445  reserves, or using existing reserve funds for purposes other
 1446  than purposes for which the reserves were intended, are the
 1447  voting interests of the units subject to assessment to fund the
 1448  reserves in question. Proxy questions relating to waiving or
 1449  reducing the funding of reserves or using existing reserve funds
 1450  for purposes other than purposes for which the reserves were
 1451  intended must contain the following statement in capitalized,
 1452  bold letters in a font size larger than any other used on the
 1453  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1454  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1455  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1456  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1457         (g) Structural integrity reserve study.—
 1458         1. A residential condominium association must have a
 1459  structural integrity reserve study completed at least every 10
 1460  years after the condominium’s creation for each building on the
 1461  condominium property that is three stories or higher in height,
 1462  as determined by the Florida Building Code, which includes, at a
 1463  minimum, a study of the following items as related to the
 1464  structural integrity and safety of the building:
 1465         a. Roof.
 1466         b. Structure, including load-bearing walls and other
 1467  primary structural members and primary structural systems as
 1468  those terms are defined in s. 627.706.
 1469         c. Fireproofing and fire protection systems.
 1470         d. Plumbing.
 1471         e. Electrical systems.
 1472         f. Waterproofing and exterior painting.
 1473         g. Windows and exterior doors.
 1474         h. Any other item that has a planned deferred maintenance
 1475  expense or replacement cost that exceeds $10,000 and the failure
 1476  to replace or maintain such item negatively affects the items
 1477  listed in sub-subparagraphs a.-g., as determined by the visual
 1478  inspection portion of the structural integrity reserve study.
 1479         2. A structural integrity reserve study is based on a
 1480  visual inspection of the condominium property. A structural
 1481  integrity reserve study may be performed by any person qualified
 1482  to perform such study. However, the visual inspection portion of
 1483  the structural integrity reserve study must be performed or
 1484  verified by an engineer licensed under chapter 471, an architect
 1485  licensed under chapter 481, or a person certified as a reserve
 1486  specialist or professional reserve analyst by the Community
 1487  Associations Institute or the Association of Professional
 1488  Reserve Analysts.
 1489         3. At a minimum, a structural integrity reserve study must
 1490  identify each item of the condominium property being visually
 1491  inspected, state the estimated remaining useful life and the
 1492  estimated replacement cost or planned deferred maintenance
 1493  expense of each item of the condominium property being visually
 1494  inspected, and provide a reserve funding schedule with a
 1495  recommended annual reserve amount that achieves the estimated
 1496  replacement cost or planned deferred maintenance expense of each
 1497  item of condominium property being visually inspected by the end
 1498  of the estimated remaining useful life of the item. The
 1499  structural integrity reserve study may recommend that reserves
 1500  do not need to be maintained for any item for which an estimate
 1501  of useful life and an estimate of replacement cost cannot be
 1502  determined, or the study may recommend a planned deferred
 1503  maintenance expense amount for such item. The structural
 1504  integrity reserve study may recommend that reserves for
 1505  replacement costs do not need to be maintained for any item with
 1506  an estimated remaining useful life of greater than 25 years, but
 1507  the study may recommend a planned deferred maintenance expense
 1508  amount for such item.
 1509         4. This paragraph does not apply to buildings less than
 1510  three stories in height; single-family, two-family, or three
 1511  family dwellings with three or fewer habitable stories above
 1512  ground; any portion or component of a building that has not been
 1513  submitted to the condominium form of ownership; or any portion
 1514  or component of a building that is maintained by a party other
 1515  than the association.
 1516         5. Before a developer turns over control of an association
 1517  to unit owners other than the developer, the developer must have
 1518  a turnover inspection report in compliance with s. 718.301(4)(p)
 1519  and (q) for each building on the condominium property that is
 1520  three stories or higher in height.
 1521         6. Associations existing on or before July 1, 2022, which
 1522  are controlled by unit owners other than the developer, must
 1523  have a structural integrity reserve study completed by December
 1524  31, 2024, for each building on the condominium property that is
 1525  three stories or higher in height. An association that is
 1526  required to complete a milestone inspection in accordance with
 1527  s. 553.899 on or before December 31, 2026, may complete the
 1528  structural integrity reserve study simultaneously with the
 1529  milestone inspection. In no event may the structural integrity
 1530  reserve study be completed after December 31, 2026.
 1531         7. If the milestone inspection required by s. 553.899, or
 1532  an inspection completed for a similar local requirement, was
 1533  performed within the past 5 years and meets the requirements of
 1534  this paragraph, such inspection may be used in place of the
 1535  visual inspection portion of the structural integrity reserve
 1536  study.
 1537         8. If the officers or directors of an association willfully
 1538  and knowingly fail to complete a structural integrity reserve
 1539  study pursuant to this paragraph, such failure is a breach of an
 1540  officer’s and director’s fiduciary relationship to the unit
 1541  owners under s. 718.111(1).
 1542         9. Within 45 days after receiving the structural integrity
 1543  reserve study, the association must distribute a copy of the
 1544  study to each unit owner or deliver to each unit owner a notice
 1545  that the completed study is available for inspection and copying
 1546  upon a written request. Distribution of a copy of the study or
 1547  notice must be made by United States mail or personal delivery
 1548  at the mailing address, property address, or any other address
 1549  of the owner provided to fulfill the association’s notice
 1550  requirements under this chapter, or by electronic transmission
 1551  to the e-mail address or facsimile number provided to fulfill
 1552  the association’s notice requirements to unit owners who
 1553  previously consented to receive notice by electronic
 1554  transmission.
 1555         10.Within 45 days after receiving the structural integrity
 1556  reserve study, the association must provide the division with a
 1557  statement indicating that such study was completed and that the
 1558  association provided or made such study available to each unit
 1559  owner in accordance with this section. Such statement shall be
 1560  provided to the division in the manner provided by the division
 1561  using a form posted on the division’s website.
 1562         (q) Director or officer offenses.—
 1563         1. A director or an officer charged by information or
 1564  indictment with any of the following crimes is deemed removed
 1565  from office and a vacancy declared:
 1566         a.Forgery of a ballot envelope or voting certificate used
 1567  in a condominium association election as provided in s. 831.01.
 1568         b.Theft or embezzlement involving the association’s funds
 1569  or property as provided in s. 812.014.
 1570         c.Destruction of, or the refusal to allow inspection or
 1571  copying of, an official record of a condominium association
 1572  which is accessible to unit owners within the time periods
 1573  required by general law, in furtherance of any crime. Such act
 1574  constitutes tampering with physical evidence as provided in s.
 1575  918.13.
 1576         d.Obstruction of justice under chapter 843.
 1577         e. Any criminal violation under this chapter.
 1578         2. The board shall fill the vacancy in accordance with
 1579  paragraph (d) a felony theft or embezzlement offense involving
 1580  the association’s funds or property must be removed from office,
 1581  creating a vacancy in the office to be filled according to law
 1582  until the end of the period of the suspension or the end of the
 1583  director’s term of office, whichever occurs first. While such
 1584  director or officer has such criminal charge pending, he or she
 1585  may not be appointed or elected to a position as a director or
 1586  an officer of any association and may not have access to the
 1587  official records of any association, except pursuant to a court
 1588  order. However, if the charges are resolved without a finding of
 1589  guilt, the director or officer shall be reinstated for the
 1590  remainder of his or her term of office, if any.
 1591         (r) Fraudulent voting activities relating to association
 1592  elections; penalties.
 1593         1. A person who engages in the following acts of fraudulent
 1594  voting activity relating to association elections commits a
 1595  misdemeanor of the first degree, punishable as provided in s.
 1596  775.082 or s. 775.083:
 1597         a. Willfully and falsely swearing to or affirming an oath
 1598  or affirmation, or willfully procuring another person to falsely
 1599  swear to or affirm an oath or affirmation, in connection with or
 1600  arising out of voting activities.
 1601         b. Perpetrating or attempting to perpetrate, or aiding in
 1602  the perpetration of, fraud in connection with a vote cast, to be
 1603  cast, or attempted to be cast.
 1604         c. Preventing a member from voting or preventing a member
 1605  from voting as he or she intended by fraudulently changing or
 1606  attempting to change a ballot, ballot envelope, vote, or voting
 1607  certificate of the member.
 1608         d. Menacing, threatening, or using bribery or any other
 1609  corruption to attempt, directly or indirectly, to influence,
 1610  deceive, or deter a member when the member is voting.
 1611         e. Giving or promising, directly or indirectly, anything of
 1612  value to another member with the intent to buy the vote of that
 1613  member or another member or to corruptly influence that member
 1614  or another member in casting his or her vote. This sub
 1615  subparagraph does not apply to any food served which is to be
 1616  consumed at an election rally or a meeting or to any item of
 1617  nominal value which is used as an election advertisement,
 1618  including a campaign message designed to be worn by a member.
 1619         f. Using or threatening to use, directly or indirectly,
 1620  force, violence, or intimidation or any tactic of coercion or
 1621  intimidation to induce or compel a member to vote or refrain
 1622  from voting in an election or on a particular ballot measure.
 1623         2. Each of the following acts constitutes a misdemeanor of
 1624  the first degree, punishable as provided in s. 775.082 or s.
 1625  775.083:
 1626         a. Knowingly aiding, abetting, or advising a person in the
 1627  commission of a fraudulent voting activity related to
 1628  association elections.
 1629         b. Agreeing, conspiring, combining, or confederating with
 1630  at least one other person to commit a fraudulent voting activity
 1631  related to association elections.
 1632         c. Having knowledge of a fraudulent voting activity related
 1633  to association elections and giving any aid to the offender with
 1634  intent that the offender avoid or escape detection, arrest,
 1635  trial, or punishment.
 1636  
 1637  This subparagraph does not apply to a licensed attorney giving
 1638  legal advice to a client.
 1639         3. Any person charged by information or indictment for any
 1640  of the crimes in this paragraph shall be deemed removed from
 1641  office and a vacancy declared.
 1642         Section 12. Subsection (5) of section 718.113, Florida
 1643  Statutes, is amended to read:
 1644         718.113 Maintenance; limitation upon improvement; display
 1645  of flag; hurricane shutters and protection; display of religious
 1646  decorations.—
 1647         (5) To protect the health, safety, and welfare of the
 1648  people of this state and to ensure uniformity and consistency in
 1649  the hurricane protections installed by condominium associations
 1650  and unit owners, this subsection applies to all residential and
 1651  mixed-use condominiums in this state, regardless of when the
 1652  condominium is created pursuant to the declaration of
 1653  condominium. Each board of administration of a residential
 1654  condominium or mixed-use condominium shall adopt hurricane
 1655  protection shutter specifications for each building within each
 1656  condominium operated by the association which may shall include
 1657  color, style, and other factors deemed relevant by the board.
 1658  All specifications adopted by the board must comply with the
 1659  applicable building code. The installation, maintenance, repair,
 1660  replacement, and operation of hurricane protection in accordance
 1661  with this subsection is not considered a material alteration or
 1662  substantial addition to the common elements or association
 1663  property within the meaning of this section.
 1664         (a) The board may, subject to s. 718.3026 and the approval
 1665  of a majority of voting interests of the residential condominium
 1666  or mixed-use condominium, install or require that unit owners
 1667  install hurricane shutters, impact glass, code-compliant windows
 1668  or doors, or other types of code-compliant hurricane protection
 1669  that complies comply with or exceeds exceed the applicable
 1670  building code. A vote of the unit owners to require the
 1671  installation of hurricane protection must be set forth in a
 1672  certificate attesting to such vote and include the date by which
 1673  the hurricane protection must be installed. The board must
 1674  record the certificate in the public records of the county where
 1675  the condominium is located. The certificate must include the
 1676  recording data identifying the declaration of condominium and
 1677  must be executed in the form required for the execution of a
 1678  deed. Once the certificate is recorded, the board must mail or
 1679  hand deliver a copy of the recorded certificate to the unit
 1680  owners at the owners’ addresses, as reflected in the records of
 1681  the association. The board may provide a copy of the recorded
 1682  certificate by electronic transmission to unit owners who
 1683  previously consented to receive notice by electronic
 1684  transmission. The failure to record the certificate or send a
 1685  copy of the recorded certificate to the unit owners does not
 1686  affect the validity or enforceability of the vote of the unit
 1687  owners. However, A vote of the unit owners under this paragraph
 1688  is not required if the installation, maintenance, repair, and
 1689  replacement of the hurricane shutters, impact glass, code
 1690  compliant windows or doors, or other types of code-compliant
 1691  hurricane protection, or any exterior windows, doors, or other
 1692  apertures protected by the hurricane protection, is are the
 1693  responsibility of the association pursuant to the declaration of
 1694  condominium as originally recorded or as amended, or if the unit
 1695  owners are required to install hurricane protection pursuant to
 1696  the declaration of condominium as originally recorded or as
 1697  amended. If hurricane protection or laminated glass or window
 1698  film architecturally designed to function as hurricane
 1699  protection that complies with or exceeds the current applicable
 1700  building code has been previously installed, the board may not
 1701  install the same type of hurricane shutters, impact glass, code
 1702  compliant windows or doors, or other types of code-compliant
 1703  hurricane protection or require that unit owners install the
 1704  same type of hurricane protection unless the installed hurricane
 1705  protection has reached the end of its useful life or unless it
 1706  is necessary to prevent damage to the common elements or to a
 1707  unit except upon approval by a majority vote of the voting
 1708  interests.
 1709         (b)The association is responsible for the maintenance,
 1710  repair, and replacement of the hurricane shutters, impact glass,
 1711  code-compliant windows or doors, or other types of code
 1712  compliant hurricane protection authorized by this subsection if
 1713  such property is the responsibility of the association pursuant
 1714  to the declaration of condominium. If the hurricane shutters,
 1715  impact glass, code-compliant windows or doors, or other types of
 1716  code-compliant hurricane protection are the responsibility of
 1717  the unit owners pursuant to the declaration of condominium, the
 1718  maintenance, repair, and replacement of such items are the
 1719  responsibility of the unit owner.
 1720         (b)(c) The board may operate shutters, impact glass, code
 1721  compliant windows or doors, or other types of code-compliant
 1722  hurricane protection installed pursuant to this subsection
 1723  without permission of the unit owners only if such operation is
 1724  necessary to preserve and protect the condominium property or
 1725  and association property. The installation, replacement,
 1726  operation, repair, and maintenance of such shutters, impact
 1727  glass, code-compliant windows or doors, or other types of code
 1728  compliant hurricane protection in accordance with the procedures
 1729  set forth in this paragraph are not a material alteration to the
 1730  common elements or association property within the meaning of
 1731  this section.
 1732         (c)(d) Notwithstanding any other provision in the
 1733  residential condominium or mixed-use condominium documents, if
 1734  approval is required by the documents, a board may not refuse to
 1735  approve the installation or replacement of hurricane shutters,
 1736  impact glass, code-compliant windows or doors, or other types of
 1737  code-compliant hurricane protection by a unit owner which
 1738  conforms conforming to the specifications adopted by the board.
 1739  However, a board may require the unit owner to adhere to an
 1740  existing unified building scheme regarding the external
 1741  appearance of the condominium.
 1742         (d)A unit owner is not responsible for the cost of any
 1743  removal or reinstallation of hurricane protection, including any
 1744  exterior window, door, or other aperture protected by the
 1745  hurricane protection, if its removal is necessary for the
 1746  maintenance, repair, or replacement of other condominium
 1747  property or association property for which the association is
 1748  responsible. The board shall determine whether the removal or
 1749  reinstallation of hurricane protection must be completed by the
 1750  unit owner or the association. If such removal or reinstallation
 1751  is completed by the association, the costs incurred by the
 1752  association may not be charged to the unit owner. If such
 1753  removal or reinstallation is completed by the unit owner, the
 1754  association must reimburse the unit owner for the cost of the
 1755  removal or reinstallation or the association must apply the unit
 1756  owner’s cost of removal or reinstallation as a credit toward
 1757  future assessments.
 1758         (e) If the removal or installation of hurricane protection,
 1759  including any exterior windows, doors, or other apertures
 1760  protected by the hurricane protection is the responsibility of
 1761  the unit owner, such removal or installation is completed by the
 1762  association, and the association then charges the unit owner for
 1763  such removal or installation, such charges are enforceable as an
 1764  assessment and may be collected in the manner provided under s.
 1765  718.116.
 1766         Section 13. Paragraph (e) of subsection (1) of section
 1767  718.115, Florida Statutes, is amended to read:
 1768         718.115 Common expenses and common surplus.—
 1769         (1)
 1770         (e)1.Except as provided in s. 718.113(5)(d) The expense of
 1771  installation, replacement, operation, repair, and maintenance of
 1772  hurricane shutters, impact glass, code-compliant windows or
 1773  doors, or other types of code-compliant hurricane protection by
 1774  the board pursuant to s. 718.113(5) constitutes a common expense
 1775  and shall be collected as provided in this section if the
 1776  association is responsible for the maintenance, repair, and
 1777  replacement of the hurricane shutters, impact glass, code
 1778  compliant windows or doors, or other types of code-compliant
 1779  hurricane protection pursuant to the declaration of condominium.
 1780  However, if the installation of maintenance, repair, and
 1781  replacement of the hurricane shutters, impact glass, code
 1782  compliant windows or doors, or other types of code-compliant
 1783  hurricane protection is are the responsibility of the unit
 1784  owners pursuant to the declaration of condominium or a vote of
 1785  the unit owners under s. 718.113(5), the cost of the
 1786  installation of the hurricane shutters, impact glass, code
 1787  compliant windows or doors, or other types of code-compliant
 1788  hurricane protection by the association is not a common expense
 1789  and must shall be charged individually to the unit owners based
 1790  on the cost of installation of the hurricane shutters, impact
 1791  glass, code-compliant windows or doors, or other types of code
 1792  compliant hurricane protection appurtenant to the unit. The
 1793  costs of installation of hurricane protection are enforceable as
 1794  an assessment and may be collected in the manner provided under
 1795  s. 718.116.
 1796         2. Notwithstanding s. 718.116(9), and regardless of whether
 1797  or not the declaration requires the association or unit owners
 1798  to install, maintain, repair, or replace hurricane shutters,
 1799  impact glass, code-compliant windows or doors, or other types of
 1800  code-compliant hurricane protection, the a unit owner of a unit
 1801  where who has previously installed hurricane shutters in
 1802  accordance with s. 718.113(5) that comply with the current
 1803  applicable building code shall receive a credit when the
 1804  shutters are installed; a unit owner who has previously
 1805  installed impact glass or code-compliant windows or doors that
 1806  comply with the current applicable building code shall receive a
 1807  credit when the impact glass or code-compliant windows or doors
 1808  are installed; and a unit owner who has installed other types of
 1809  code-compliant hurricane protection that complies comply with
 1810  the current applicable building code has been installed is
 1811  excused from any assessment levied by the association or shall
 1812  receive a credit if when the same type of other code-compliant
 1813  hurricane protection is installed by the association, and the
 1814  credit shall be equal to the pro rata portion of the assessed
 1815  installation cost assigned to each unit. A credit is applicable
 1816  if the installation of hurricane protection is for all other
 1817  units that do not have hurricane protection and the cost of such
 1818  installation is funded by the association’s budget, including
 1819  the use of reserve funds. The credit must be equal to the amount
 1820  that the unit owner would have been assessed to install the
 1821  hurricane protection. However, such unit owner remains
 1822  responsible for the pro rata share of expenses for hurricane
 1823  shutters, impact glass, code-compliant windows or doors, or
 1824  other types of code-compliant hurricane protection installed on
 1825  common elements and association property by the board pursuant
 1826  to s. 718.113(5) and remains responsible for a pro rata share of
 1827  the expense of the replacement, operation, repair, and
 1828  maintenance of such shutters, impact glass, code-compliant
 1829  windows or doors, or other types of code-compliant hurricane
 1830  protection. Expenses for the installation, replacement,
 1831  operation, repair, or maintenance of hurricane protection on
 1832  common elements and association property are common expenses.
 1833         Section 14. Paragraph (a) of subsection (4) of section
 1834  718.121, Florida Statutes, is amended to read:
 1835         718.121 Liens.—
 1836         (4)(a) If an association sends out an invoice for
 1837  assessments or a unit’s statement of the account described in s.
 1838  718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
 1839  assessments or the unit’s statement of account must be delivered
 1840  to the unit owner by first-class United States mail or by
 1841  electronic transmission to the unit owner’s e-mail address
 1842  maintained in the association’s official records.
 1843         Section 15. Section 718.1224, Florida Statutes, is amended
 1844  to read:
 1845         718.1224 Prohibition against SLAPP suits; other prohibited
 1846  actions.—
 1847         (1) It is the intent of the Legislature to protect the
 1848  right of condominium unit owners to exercise their rights to
 1849  instruct their representatives and petition for redress of
 1850  grievances before their condominium association and the various
 1851  governmental entities of this state as protected by the First
 1852  Amendment to the United States Constitution and s. 5, Art. I of
 1853  the State Constitution. The Legislature recognizes that
 1854  strategic lawsuits against public participation, or “SLAPP
 1855  suits,” as they are typically referred to, have occurred when
 1856  association members are sued by condominium associations,
 1857  individuals, business entities, or governmental entities arising
 1858  out of a condominium unit owner’s appearance and presentation
 1859  before the board of the condominium association or a
 1860  governmental entity on matters related to the condominium
 1861  association. However, it is the public policy of this state that
 1862  condominium associations, governmental entities, business
 1863  organizations, and individuals not engage in SLAPP suits,
 1864  because such actions are inconsistent with the right of
 1865  condominium unit owners to participate in their condominium
 1866  association and in the state’s institutions of government.
 1867  Therefore, the Legislature finds and declares that prohibiting
 1868  such lawsuits by condominium associations, governmental
 1869  entities, business entities, and individuals against condominium
 1870  unit owners who address matters concerning their condominium
 1871  association will preserve this fundamental state policy,
 1872  preserve the constitutional rights of condominium unit owners,
 1873  and ensure the continuation of representative government in this
 1874  state, and ensure unit owner participation in condominium
 1875  associations. It is the intent of the Legislature that such
 1876  lawsuits be expeditiously disposed of by the courts. As used in
 1877  this subsection, the term “governmental entity” means the state,
 1878  including the executive, legislative, and judicial branches of
 1879  government; law enforcement agencies; the independent
 1880  establishments of the state, counties, municipalities,
 1881  districts, authorities, boards, or commissions; or any agencies
 1882  of these branches that are subject to chapter 286.
 1883         (2) A condominium association, a governmental entity, a
 1884  business organization, or an individual in this state may not
 1885  file or cause to be filed through its employees or agents any
 1886  lawsuit, cause of action, claim, cross-claim, or counterclaim
 1887  against a condominium unit owner without merit and solely
 1888  because such condominium unit owner has exercised the right to
 1889  instruct his or her representatives or the right to petition for
 1890  redress of grievances before the condominium association or the
 1891  various governmental entities of this state, as protected by the
 1892  First Amendment to the United States Constitution and s. 5, Art.
 1893  I of the State Constitution.
 1894         (3) A condominium association may not fine,
 1895  discriminatorily increase a unit owner’s assessments or
 1896  discriminatorily decrease services to a unit owner, or bring or
 1897  threaten to bring an action for possession or other civil
 1898  action, including a defamation, libel, slander, or tortious
 1899  interference action, based on conduct described in paragraphs
 1900  (a)-(f). In order for the unit owner to raise the defense of
 1901  retaliatory conduct, the unit owner must have acted in good
 1902  faith and not for any improper purposes, such as to harass or to
 1903  cause unnecessary delay or for frivolous purpose or needless
 1904  increase in the cost of litigation. Examples of conduct for
 1905  which a condominium association, officer, director, or agent of
 1906  an association may not retaliate include, but are not limited
 1907  to, situations where:
 1908         (a) The unit owner has in good faith complained to a
 1909  governmental agency charged with responsibility for enforcement
 1910  of a building, housing, or health code of a suspected violation
 1911  applicable to the condominium;
 1912         (b) The unit owner has organized, encouraged, or
 1913  participated in a unit owners’ organization;
 1914         (c) The unit owner submitted information or filed a
 1915  complaint alleging criminal violations or violations of this
 1916  chapter or the rules of the division with the division, the
 1917  Office of the Condominium Ombudsman, a law enforcement agency, a
 1918  state attorney, the Attorney General, or any other governmental
 1919  agency;
 1920         (d) The unit owner has exercised his or her rights under
 1921  this chapter;
 1922         (e) The unit owner has complained to the association or any
 1923  of its representatives for their failure to comply with this
 1924  chapter or chapter 617; or
 1925         (f) The unit owner has made public statements critical of
 1926  the operation or management of the association.
 1927         (4) Evidence of retaliatory conduct may be raised by the
 1928  unit owner as a defense in any action brought against him or her
 1929  for possession.
 1930         (5) A condominium unit owner sued by a condominium
 1931  association, governmental entity, business organization, or
 1932  individual in violation of this section has a right to an
 1933  expeditious resolution of a claim that the suit is in violation
 1934  of this section. A condominium unit owner may petition the court
 1935  for an order dismissing the action or granting final judgment in
 1936  favor of that condominium unit owner. The petitioner may file a
 1937  motion for summary judgment, together with supplemental
 1938  affidavits, seeking a determination that the condominium
 1939  association’s, governmental entity’s, business organization’s,
 1940  or individual’s lawsuit has been brought in violation of this
 1941  section. The condominium association, governmental entity,
 1942  business organization, or individual shall thereafter file its
 1943  response and any supplemental affidavits. As soon as
 1944  practicable, the court shall set a hearing on the petitioner’s
 1945  motion, which shall be held at the earliest possible time after
 1946  the filing of the condominium association’s, governmental
 1947  entity’s, business organization’s, or individual’s response. The
 1948  court may award the condominium unit owner sued by the
 1949  condominium association, governmental entity, business
 1950  organization, or individual actual damages arising from the
 1951  condominium association’s, governmental entity’s, individual’s,
 1952  or business organization’s violation of this section. A court
 1953  may treble the damages awarded to a prevailing condominium unit
 1954  owner and shall state the basis for the treble damages award in
 1955  its judgment. The court shall award the prevailing party
 1956  reasonable attorney attorney’s fees and costs incurred in
 1957  connection with a claim that an action was filed in violation of
 1958  this section.
 1959         (6)(4) Condominium associations may not expend association
 1960  funds in prosecuting a SLAPP suit against a condominium unit
 1961  owner.
 1962         (7) Condominium associations may not expend association
 1963  funds in support of a defamation, libel, slander, or tortious
 1964  interference action against a unit owner or any other claim
 1965  against a unit owner based on conduct described in paragraphs
 1966  (3)(a)-(f).
 1967         Section 16. Section 718.124, Florida Statutes, is amended
 1968  to read:
 1969         718.124 Limitation on actions by association.—The statute
 1970  of limitations and repose for any actions in law or equity which
 1971  a condominium association or a cooperative association may have
 1972  shall not begin to run until the unit owners have elected a
 1973  majority of the members of the board of administration.
 1974         Section 17. Section 718.128, Florida Statutes, is amended
 1975  to read:
 1976         718.128 Electronic voting.—The association may conduct
 1977  elections and other unit owner votes through an Internet-based
 1978  online voting system if a unit owner consents, electronically or
 1979  in writing, to online voting and if the following requirements
 1980  are met:
 1981         (1) The association provides each unit owner with:
 1982         (a) A method to authenticate the unit owner’s identity to
 1983  the online voting system.
 1984         (b) For elections of the board, a method to transmit an
 1985  electronic ballot to the online voting system that ensures the
 1986  secrecy and integrity of each ballot.
 1987         (c) A method to confirm, at least 14 days before the voting
 1988  deadline, that the unit owner’s electronic device can
 1989  successfully communicate with the online voting system.
 1990         (2) The association uses an online voting system that is:
 1991         (a) Able to authenticate the unit owner’s identity.
 1992         (b) Able to authenticate the validity of each electronic
 1993  vote to ensure that the vote is not altered in transit.
 1994         (c) Able to transmit a receipt from the online voting
 1995  system to each unit owner who casts an electronic vote.
 1996         (d) For elections of the board of administration, able to
 1997  permanently separate any authentication or identifying
 1998  information from the electronic election ballot, rendering it
 1999  impossible to tie an election ballot to a specific unit owner.
 2000         (e) Able to store and keep electronic votes accessible to
 2001  election officials for recount, inspection, and review purposes.
 2002         (3) A unit owner voting electronically pursuant to this
 2003  section shall be counted as being in attendance at the meeting
 2004  for purposes of determining a quorum. A substantive vote of the
 2005  unit owners may not be taken on any issue other than the issues
 2006  specifically identified in the electronic vote, when a quorum is
 2007  established based on unit owners voting electronically pursuant
 2008  to this section.
 2009         (4) This section applies to an association that provides
 2010  for and authorizes an online voting system pursuant to this
 2011  section by a board resolution. The board resolution must provide
 2012  that unit owners receive notice of the opportunity to vote
 2013  through an online voting system, must establish reasonable
 2014  procedures and deadlines for unit owners to consent,
 2015  electronically or in writing, to online voting, and must
 2016  establish reasonable procedures and deadlines for unit owners to
 2017  opt out of online voting after giving consent. Written notice of
 2018  a meeting at which the resolution will be considered must be
 2019  mailed, delivered, or electronically transmitted to the unit
 2020  owners and posted conspicuously on the condominium property or
 2021  association property at least 14 days before the meeting.
 2022  Evidence of compliance with the 14-day notice requirement must
 2023  be made by an affidavit executed by the person providing the
 2024  notice and filed with the official records of the association.
 2025         (5) A unit owner’s consent to online voting is valid until
 2026  the unit owner opts out of online voting according to the
 2027  procedures established by the board of administration pursuant
 2028  to subsection (4).
 2029         (6) This section may apply to any matter that requires a
 2030  vote of the unit owners who are not members of a timeshare
 2031  condominium association.
 2032         Section 18. Effective October 1, 2024, subsections (1) and
 2033  (3) of section 718.202, Florida Statutes, are amended to read:
 2034         718.202 Sales or reservation deposits prior to closing.—
 2035         (1) If a developer contracts to sell a condominium parcel
 2036  and the construction, furnishing, and landscaping of the
 2037  property submitted or proposed to be submitted to condominium
 2038  ownership has not been substantially completed in accordance
 2039  with the plans and specifications and representations made by
 2040  the developer in the disclosures required by this chapter, the
 2041  developer shall pay into an escrow account all payments up to 10
 2042  percent of the sale price received by the developer from the
 2043  buyer towards the sale price. The escrow agent shall give to the
 2044  purchaser a receipt for the deposit, upon request. In lieu of
 2045  the foregoing concerning residential condominiums, the division
 2046  director has the discretion to accept other assurances,
 2047  including, but not limited to, a surety bond or an irrevocable
 2048  letter of credit in an amount equal to the escrow requirements
 2049  of this section. With respect to nonresidential condominiums,
 2050  the developer shall have the option of delivering to the escrow
 2051  agent a surety bond or an irrevocable letter of credit in an
 2052  amount equivalent to the aggregate of some or all of all
 2053  payments up to 10 percent of the sale price received by the
 2054  developer from all buyers toward the sale price, in all cases
 2055  the aggregate of initial 10 percent deposits moneys being
 2056  released secured by a surety bond or irrevocable letter of
 2057  credit in an equivalent amount. Default determinations and
 2058  refund of deposits shall be governed by the escrow release
 2059  provision of this subsection. Funds shall be released from
 2060  escrow as follows:
 2061         (a) If a buyer properly terminates the contract pursuant to
 2062  its terms or pursuant to this chapter, the funds shall be paid
 2063  to the buyer together with any interest earned.
 2064         (b) If the buyer defaults in the performance of his or her
 2065  obligations under the contract of purchase and sale, the funds
 2066  shall be paid to the developer together with any interest
 2067  earned.
 2068         (c) If the contract does not provide for the payment of any
 2069  interest earned on the escrowed funds, interest shall be paid to
 2070  the developer at the closing of the transaction.
 2071         (d) If the funds of a buyer have not been previously
 2072  disbursed in accordance with the provisions of this subsection,
 2073  they may be disbursed to the developer by the escrow agent at
 2074  the closing of the transaction, unless prior to the disbursement
 2075  the escrow agent receives from the buyer written notice of a
 2076  dispute between the buyer and developer.
 2077         (3) If the contract for sale of the condominium unit so
 2078  provides, the developer may withdraw escrow funds in excess of
 2079  10 percent of the purchase price from the special account
 2080  required by subsection (2) when the construction of improvements
 2081  has begun. He or she may use the funds for the actual costs
 2082  incurred by the developer in the construction and development of
 2083  the condominium property in which the unit to be sold is located
 2084  or the easements and rights appurtenant thereto. For purposes of
 2085  this subsection, the term “actual costs” includes, but is not
 2086  limited to, expenditures for demolition, site clearing, permit
 2087  fees, impact fees, and utility reservation fees, as well as
 2088  architectural, engineering, and surveying fees that directly
 2089  relate to construction and development of the condominium
 2090  property or the easements and rights appurtenant thereto.
 2091  However, no part of these funds may be used for salaries,
 2092  commissions, or expenses of salespersons; for advertising,
 2093  marketing, or promotional purposes; or for loan fees and costs,
 2094  principal and interest on loans, attorney fees, accounting fees,
 2095  or insurance costs. A contract that which permits use of the
 2096  advance payments for these purposes must shall include the
 2097  following legend conspicuously printed or stamped in boldfaced
 2098  type on the first page of the contract and immediately above the
 2099  place for the signature of the buyer: ANY PAYMENT IN EXCESS OF
 2100  10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO
 2101  CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION
 2102  PURPOSES BY THE DEVELOPER.
 2103         Section 19. Paragraph (p) of subsection (4) of section
 2104  718.301, Florida Statutes, is amended to read:
 2105         718.301 Transfer of association control; claims of defect
 2106  by association.—
 2107         (4) At the time that unit owners other than the developer
 2108  elect a majority of the members of the board of administration
 2109  of an association, the developer shall relinquish control of the
 2110  association, and the unit owners shall accept control.
 2111  Simultaneously, or for the purposes of paragraph (c) not more
 2112  than 90 days thereafter, the developer shall deliver to the
 2113  association, at the developer’s expense, all property of the
 2114  unit owners and of the association which is held or controlled
 2115  by the developer, including, but not limited to, the following
 2116  items, if applicable, as to each condominium operated by the
 2117  association:
 2118         (p) Notwithstanding when the certificate of occupancy was
 2119  issued or the height of the building, a turnover inspection
 2120  report included in the official records, under seal of an
 2121  architect or engineer authorized to practice in this state or a
 2122  person certified as a reserve specialist or professional reserve
 2123  analyst by the Community Associations Institute or the
 2124  Association of Professional Reserve Analysts, and consisting of
 2125  a structural integrity reserve study attesting to required
 2126  maintenance, condition, useful life, and replacement costs of
 2127  the following applicable condominium property:
 2128         1. Roof.
 2129         2. Structure, including load-bearing walls and primary
 2130  structural members and primary structural systems as those terms
 2131  are defined in s. 627.706.
 2132         3. Fireproofing and fire protection systems.
 2133         4. Plumbing.
 2134         5. Electrical systems.
 2135         6. Waterproofing and exterior painting.
 2136         7. Windows and exterior doors.
 2137         Section 20. Subsections (4) and (5) of section 718.3027,
 2138  Florida Statutes, are amended to read:
 2139         718.3027 Conflicts of interest.—
 2140         (4) A director or an officer, or a relative of a director
 2141  or an officer, who is a party to, or has an interest in, an
 2142  activity that is a possible conflict of interest, as described
 2143  in subsection (1), may attend the meeting at which the activity
 2144  is considered by the board and is authorized to make a
 2145  presentation to the board regarding the activity. After the
 2146  presentation, the director or officer, and any or the relative
 2147  of the director or officer, must leave the meeting during the
 2148  discussion of, and the vote on, the activity. A director or an
 2149  officer who is a party to, or has an interest in, the activity
 2150  must recuse himself or herself from the vote. The attendance of
 2151  a director with a possible conflict of interest at the meeting
 2152  of the board is sufficient to constitute a quorum for the
 2153  meeting and the vote in his or her absence on the proposed
 2154  activity.
 2155         (5) A contract entered into between a director or an
 2156  officer, or a relative of a director or an officer, and the
 2157  association, which is not a timeshare condominium association,
 2158  that has not been properly disclosed as a conflict of interest
 2159  or potential conflict of interest as required by this section or
 2160  s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
 2161  the filing of a written notice terminating the contract with the
 2162  board of directors which contains the consent of at least 20
 2163  percent of the voting interests of the association.
 2164         Section 21. Subsection (5) of section 718.303, Florida
 2165  Statutes, is amended to read:
 2166         718.303 Obligations of owners and occupants; remedies.—
 2167         (5) An association may suspend the voting rights of a unit
 2168  owner or member due to nonpayment of any fee, fine, or other
 2169  monetary obligation due to the association which is more than
 2170  $1,000 and more than 90 days delinquent. Proof of such
 2171  obligation must be provided to the unit owner or member 30 days
 2172  before such suspension takes effect. At least 90 days before an
 2173  election, an association must notify a unit owner or member that
 2174  his or her voting rights may be suspended due to a nonpayment of
 2175  a fee or other monetary obligation. A voting interest or consent
 2176  right allocated to a unit owner or member which has been
 2177  suspended by the association shall be subtracted from the total
 2178  number of voting interests in the association, which shall be
 2179  reduced by the number of suspended voting interests when
 2180  calculating the total percentage or number of all voting
 2181  interests available to take or approve any action, and the
 2182  suspended voting interests shall not be considered for any
 2183  purpose, including, but not limited to, the percentage or number
 2184  of voting interests necessary to constitute a quorum, the
 2185  percentage or number of voting interests required to conduct an
 2186  election, or the percentage or number of voting interests
 2187  required to approve an action under this chapter or pursuant to
 2188  the declaration, articles of incorporation, or bylaws. The
 2189  suspension ends upon full payment of all obligations currently
 2190  due or overdue the association. The notice and hearing
 2191  requirements under subsection (3) do not apply to a suspension
 2192  imposed under this subsection.
 2193         Section 22. Effective October 1, 2024, section 718.407,
 2194  Florida Statutes, is created to read:
 2195         718.407Condominiums created within a portion of a building
 2196  or within a multiple parcel building.—
 2197         (1)Notwithstanding s. 718.103(12) or s. 718.108(1), a
 2198  condominium may be created within a portion of a building or
 2199  within a multiple parcel building, as defined in s. 193.0237(1),
 2200  as provided in this section.
 2201         (2)Notwithstanding s. 718.103(12) or s. 718.108(1), the
 2202  common elements of a condominium created within a portion of a
 2203  building or a multiple parcel building are only those portions
 2204  of the building submitted to the condominium form of ownership,
 2205  excluding the units of such condominium.
 2206         (3)The declaration of condominium that creates a
 2207  condominium within a portion of a building or within a multiple
 2208  parcel building, the recorded instrument that creates the
 2209  multiple parcel building, or any other recorded instrument
 2210  applicable under this section must specify all of the following:
 2211         (a)The portions of the building which are included in the
 2212  condominium and the portions of the building which are excluded.
 2213         (b)The party responsible for maintaining and operating
 2214  those portions of the building which are shared facilities, and
 2215  which may include, among other things, the roof, the exterior of
 2216  the building, windows, balconies, elevators, the building lobby,
 2217  corridors, recreational amenities, and utilities.
 2218         (c)1.The manner in which the expenses for the maintenance
 2219  and operation of the shared facilities will be apportioned. An
 2220  owner of a portion of a building which is not submitted to the
 2221  condominium form of ownership, or the condominium association,
 2222  as applicable to the portion of the building submitted to the
 2223  condominium form of ownership, must approve any increase in the
 2224  apportionment of expenses to such portion of the building. The
 2225  apportionment of the expenses for the maintenance and operation
 2226  of the shared facilities may be based on any of the following
 2227  criteria or any combination thereof:
 2228         a.The area or volume of each portion of the building in
 2229  relation to the total area or volume of the entire building,
 2230  exclusive of the shared facilities.
 2231         b.The initial estimated market value of each portion of
 2232  the building in comparison to the total initial estimated market
 2233  value of the entire building.
 2234         c.The extent to which the owners are permitted to use
 2235  various shared facilities.
 2236         2.This paragraph does not preclude an alternative
 2237  apportionment of expenses, provided that the apportionment is
 2238  stated in the declaration of condominium that creates a
 2239  condominium within a portion of a building or within a multiple
 2240  parcel building, the recorded instrument that creates the
 2241  multiple parcel building, or any other recorded instrument
 2242  applicable under this section.
 2243         (d)The party responsible for collecting the shared
 2244  expenses.
 2245         (e)The rights and remedies that are available to enforce
 2246  payment of the shared expenses.
 2247         (4)The association of a condominium subject to this
 2248  section has the right to inspect and copy the books and records
 2249  upon which the costs for maintaining and operating the shared
 2250  facilities are based and to receive an annual budget with
 2251  respect to such costs.
 2252         (5)Each contract for the sale of a unit in a condominium
 2253  subject to this section must contain, in conspicuous type, a
 2254  clause that substantially states:
 2255  
 2256                         DISCLOSURE SUMMARY                        
 2257         THE CONDOMINIUM IN WHICH YOUR UNIT IS LOCATED IS
 2258         CREATED WITHIN A PORTION OF A BUILDING OR WITHIN A
 2259         MULTIPLE PARCEL BUILDING. THE COMMON ELEMENTS OF THE
 2260         CONDOMINIUM CONSIST ONLY OF THE PORTIONS OF THE
 2261         BUILDING SUBMITTED TO THE CONDOMINIUM.
 2262  
 2263                         BUYER ACKNOWLEDGES:                       
 2264         1) THE CONDOMINIUM MAY HAVE MINIMAL COMMON ELEMENTS.
 2265  
 2266         2) PORTIONS OF THE BUILDING THAT ARE NOT INCLUDED IN
 2267         THE CONDOMINIUM ARE (OR WILL BE) GOVERNED BY A
 2268         SEPARATE RECORDED INSTRUMENT. SUCH INSTRUMENT CONTAINS
 2269         IMPORTANT PROVISIONS AND RIGHTS AND IS (OR WILL BE)
 2270         AVAILABLE IN PUBLIC RECORDS.
 2271  
 2272         3) THE PARTY THAT CONTROLS THE MAINTENANCE AND
 2273         OPERATION OF THE PORTIONS OF THE BUILDING THAT ARE NOT
 2274         INCLUDED IN THE CONDOMINIUM DETERMINES THE BUDGET FOR
 2275         THE OPERATION AND MAINTENANCE OF SUCH PORTIONS;
 2276         HOWEVER, THE ASSOCIATION AND UNIT OWNERS ARE STILL
 2277         RESPONSIBLE FOR THEIR SHARE OF SUCH EXPENSES.
 2278  
 2279         4) THE ALLOCATION BETWEEN THE OWNERS OF THE COSTS TO
 2280         MAINTAIN AND OPERATE THE BUILDING CAN BE FOUND IN THE
 2281         DECLARATION OF CONDOMINIUM OR OTHER RECORDED
 2282         INSTRUMENT.
 2283  
 2284         (6)The creation of a multiple parcel building is not a
 2285  subdivision of the land upon which such building is situated,
 2286  provided that the land itself is not subdivided.
 2287         Section 23. Subsections (1) and (2) of section 718.501,
 2288  Florida Statutes, are amended to read:
 2289         718.501 Authority, responsibility, and duties of Division
 2290  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2291         (1)(a) The division may enforce and ensure compliance with
 2292  this chapter and rules relating to the development,
 2293  construction, sale, lease, ownership, operation, and management
 2294  of residential condominium units and complaints related to the
 2295  procedural completion of milestone inspections under s. 553.899.
 2296  In performing its duties, the division has complete jurisdiction
 2297  to investigate complaints and enforce compliance with respect to
 2298  associations that are still under developer control or the
 2299  control of a bulk assignee or bulk buyer pursuant to part VII of
 2300  this chapter and complaints against developers, bulk assignees,
 2301  or bulk buyers involving improper turnover or failure to
 2302  turnover, pursuant to s. 718.301. However, after turnover has
 2303  occurred, the division has jurisdiction to investigate
 2304  complaints related only to:
 2305         1. Procedures and records related to financial issues,
 2306  elections, and including annual financial reporting under s.
 2307  718.111(13); assessments for common expenses, fines, and
 2308  commingling of reserve and operating funds under in s.
 2309  718.111(14); use of debit cards for other than intended purposes
 2310  under s. 718.111(15); the annual operating budget and the
 2311  allocation of reserve funds under s. 718.112(2)(f); which
 2312  financial records under s. 718.111(12)(a)11; and any other
 2313  record necessary to determine the revenues and expenses of the
 2314  association;
 2315         2. Elections, including election and voting requirements
 2316  under s. 718.112(2)(b) and (d), recall of board members under
 2317  718.112(2)(l), electronic voting under s. 718.128, and elections
 2318  that occur during an emergency under s. 718.1265(1)(a);
 2319         3. The maintenance of and unit owner access to association
 2320  records under s. 718.111(12), allegations of criminal violations
 2321  under this chapter, the removal of a director or an officer
 2322  under s. 718.112(2)(q); and
 2323         4. The procedural aspects of meetings, such as, unit owner
 2324  meetings, quorums, voting requirements, proxies, board of
 2325  administration meetings, and budget meetings under s.
 2326  718.112(2);
 2327         5. Disclosure of conflicts of interest under s.
 2328  718.111(1)(a) and s. 718.3027, including limitations contained
 2329  in s. 718.111(3)(f);
 2330         6. Removal of a board director or officer under s.
 2331  718.111(1)(a) and (15), and s. 718.112(2)(p) and (q);
 2332         7. The procedural completion of structural integrity
 2333  reserve studies under s. 718.112(2)(g); and
 2334         8. Any written inquiries by unit owners to the association
 2335  relating to such matters, including written inquiries under s.
 2336  718.112(2)(a)2.
 2337         (b)(a)1. The division may make necessary public or private
 2338  investigations within or outside this state to determine whether
 2339  any person has violated this chapter or any rule or order
 2340  hereunder, to aid in the enforcement of this chapter, or to aid
 2341  in the adoption of rules or forms.
 2342         2. The division may submit any official written report,
 2343  worksheet, or other related paper, or a duly certified copy
 2344  thereof, compiled, prepared, drafted, or otherwise made by and
 2345  duly authenticated by a financial examiner or analyst to be
 2346  admitted as competent evidence in any hearing in which the
 2347  financial examiner or analyst is available for cross-examination
 2348  and attests under oath that such documents were prepared as a
 2349  result of an examination or inspection conducted pursuant to
 2350  this chapter.
 2351         (c)(b) The division may require or permit any person to
 2352  file a statement in writing, under oath or otherwise, as the
 2353  division determines, as to the facts and circumstances
 2354  concerning a matter to be investigated.
 2355         (d)(c) For the purpose of any investigation under this
 2356  chapter, the division director or any officer or employee
 2357  designated by the division director may administer oaths or
 2358  affirmations, subpoena witnesses and compel their attendance,
 2359  take evidence, and require the production of any matter which is
 2360  relevant to the investigation, including the existence,
 2361  description, nature, custody, condition, and location of any
 2362  books, documents, or other tangible things and the identity and
 2363  location of persons having knowledge of relevant facts or any
 2364  other matter reasonably calculated to lead to the discovery of
 2365  material evidence. Upon the failure by a person to obey a
 2366  subpoena or to answer questions propounded by the investigating
 2367  officer and upon reasonable notice to all affected persons, the
 2368  division may apply to the circuit court for an order compelling
 2369  compliance.
 2370         (e)(d) Notwithstanding any remedies available to unit
 2371  owners and associations, if the division has reasonable cause to
 2372  believe that a violation of any provision of this chapter or
 2373  related rule has occurred, the division may institute
 2374  enforcement proceedings in its own name against any developer,
 2375  bulk assignee, bulk buyer, association, officer, or member of
 2376  the board of administration, or its assignees or agents, as
 2377  follows:
 2378         1. The division may permit a person whose conduct or
 2379  actions may be under investigation to waive formal proceedings
 2380  and enter into a consent proceeding whereby orders, rules, or
 2381  letters of censure or warning, whether formal or informal, may
 2382  be entered against the person.
 2383         2. The division may issue an order requiring the developer,
 2384  bulk assignee, bulk buyer, association, developer-designated
 2385  officer, or developer-designated member of the board of
 2386  administration, developer-designated assignees or agents, bulk
 2387  assignee-designated assignees or agents, bulk buyer-designated
 2388  assignees or agents, community association manager, or community
 2389  association management firm to cease and desist from the
 2390  unlawful practice and take such affirmative action as in the
 2391  judgment of the division carry out the purposes of this chapter.
 2392  If the division finds that a developer, bulk assignee, bulk
 2393  buyer, association, officer, or member of the board of
 2394  administration, or its assignees or agents, is violating or is
 2395  about to violate any provision of this chapter, any rule adopted
 2396  or order issued by the division, or any written agreement
 2397  entered into with the division, and presents an immediate danger
 2398  to the public requiring an immediate final order, it may issue
 2399  an emergency cease and desist order reciting with particularity
 2400  the facts underlying such findings. The emergency cease and
 2401  desist order is effective for 90 days. If the division begins
 2402  nonemergency cease and desist proceedings, the emergency cease
 2403  and desist order remains effective until the conclusion of the
 2404  proceedings under ss. 120.569 and 120.57.
 2405         3. If a developer, bulk assignee, or bulk buyer fails to
 2406  pay any restitution determined by the division to be owed, plus
 2407  any accrued interest at the highest rate permitted by law,
 2408  within 30 days after expiration of any appellate time period of
 2409  a final order requiring payment of restitution or the conclusion
 2410  of any appeal thereof, whichever is later, the division must
 2411  bring an action in circuit or county court on behalf of any
 2412  association, class of unit owners, lessees, or purchasers for
 2413  restitution, declaratory relief, injunctive relief, or any other
 2414  available remedy. The division may also temporarily revoke its
 2415  acceptance of the filing for the developer to which the
 2416  restitution relates until payment of restitution is made.
 2417         4. The division may petition the court for appointment of a
 2418  receiver or conservator. If appointed, the receiver or
 2419  conservator may take action to implement the court order to
 2420  ensure the performance of the order and to remedy any breach
 2421  thereof. In addition to all other means provided by law for the
 2422  enforcement of an injunction or temporary restraining order, the
 2423  circuit court may impound or sequester the property of a party
 2424  defendant, including books, papers, documents, and related
 2425  records, and allow the examination and use of the property by
 2426  the division and a court-appointed receiver or conservator.
 2427         5. The division may apply to the circuit court for an order
 2428  of restitution whereby the defendant in an action brought under
 2429  subparagraph 4. is ordered to make restitution of those sums
 2430  shown by the division to have been obtained by the defendant in
 2431  violation of this chapter. At the option of the court, such
 2432  restitution is payable to the conservator or receiver appointed
 2433  under subparagraph 4. or directly to the persons whose funds or
 2434  assets were obtained in violation of this chapter.
 2435         6. The division may impose a civil penalty against a
 2436  developer, bulk assignee, or bulk buyer, or association, or its
 2437  assignee or agent, for any violation of this chapter, or related
 2438  rule, or chapter 617. The division may impose a civil penalty
 2439  individually against an officer or board member who willfully
 2440  and knowingly violates this chapter, an adopted rule, or a final
 2441  order of the division; may order the removal of such individual
 2442  as an officer or from the board of administration or as an
 2443  officer of the association; and may prohibit such individual
 2444  from serving as an officer or on the board of a community
 2445  association for a period of time. The term “willfully and
 2446  knowingly” means that the division informed the officer or board
 2447  member that his or her action or intended action violates this
 2448  chapter, a rule adopted under this chapter, or a final order of
 2449  the division and that the officer or board member refused to
 2450  comply with the requirements of this chapter, a rule adopted
 2451  under this chapter, or a final order of the division. The
 2452  division, before initiating formal agency action under chapter
 2453  120, must afford the officer or board member an opportunity to
 2454  voluntarily comply, and an officer or board member who complies
 2455  within 10 days is not subject to a civil penalty. A penalty may
 2456  be imposed on the basis of each day of continuing violation, but
 2457  the penalty for any offense may not exceed $5,000. The division
 2458  shall adopt, by rule, penalty guidelines applicable to possible
 2459  violations or to categories of violations of this chapter or
 2460  rules adopted by the division. The guidelines must specify a
 2461  meaningful range of civil penalties for each such violation of
 2462  the statute and rules and must be based upon the harm caused by
 2463  the violation, upon the repetition of the violation, and upon
 2464  such other factors deemed relevant by the division. For example,
 2465  the division may consider whether the violations were committed
 2466  by a developer, bulk assignee, or bulk buyer, or owner
 2467  controlled association, the size of the association, and other
 2468  factors. The guidelines must designate the possible mitigating
 2469  or aggravating circumstances that justify a departure from the
 2470  range of penalties provided by the rules. It is the legislative
 2471  intent that minor violations be distinguished from those which
 2472  endanger the health, safety, or welfare of the condominium
 2473  residents or other persons and that such guidelines provide
 2474  reasonable and meaningful notice to the public of likely
 2475  penalties that may be imposed for proscribed conduct. This
 2476  subsection does not limit the ability of the division to
 2477  informally dispose of administrative actions or complaints by
 2478  stipulation, agreed settlement, or consent order. All amounts
 2479  collected shall be deposited with the Chief Financial Officer to
 2480  the credit of the Division of Florida Condominiums, Timeshares,
 2481  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2482  bulk buyer fails to pay the civil penalty and the amount deemed
 2483  to be owed to the association, the division shall issue an order
 2484  directing that such developer, bulk assignee, or bulk buyer
 2485  cease and desist from further operation until such time as the
 2486  civil penalty is paid or may pursue enforcement of the penalty
 2487  in a court of competent jurisdiction. If an association fails to
 2488  pay the civil penalty, the division shall pursue enforcement in
 2489  a court of competent jurisdiction, and the order imposing the
 2490  civil penalty or the cease and desist order is not effective
 2491  until 20 days after the date of such order. Any action commenced
 2492  by the division shall be brought in the county in which the
 2493  division has its executive offices or in the county where the
 2494  violation occurred.
 2495         7. If a unit owner presents the division with proof that
 2496  the unit owner has requested access to official records in
 2497  writing by certified mail, and that after 10 days the unit owner
 2498  again made the same request for access to official records in
 2499  writing by certified mail, and that more than 10 days has
 2500  elapsed since the second request and the association has still
 2501  failed or refused to provide access to official records as
 2502  required by this chapter, the division shall issue a subpoena
 2503  requiring production of the requested records where the records
 2504  are kept pursuant to s. 718.112. Upon receipt of the records,
 2505  the division shall provide without charge the produced official
 2506  records to the unit owner who was denied access to such records.
 2507         8. In addition to subparagraph 6., the division may seek
 2508  the imposition of a civil penalty through the circuit court for
 2509  any violation for which the division may issue a notice to show
 2510  cause under paragraph (s) (r). The civil penalty shall be at
 2511  least $500 but no more than $5,000 for each violation. The court
 2512  may also award to the prevailing party court costs and
 2513  reasonable attorney fees and, if the division prevails, may also
 2514  award reasonable costs of investigation.
 2515         9. The division may issue citations and promulgate rules to
 2516  provide for citation bases and citation procedures in accordance
 2517  with this section.
 2518         (f)(e) The division may prepare and disseminate a
 2519  prospectus and other information to assist prospective owners,
 2520  purchasers, lessees, and developers of residential condominiums
 2521  in assessing the rights, privileges, and duties pertaining
 2522  thereto.
 2523         (g)(f) The division may adopt rules to administer and
 2524  enforce this chapter.
 2525         (h)(g) The division shall establish procedures for
 2526  providing notice to an association and the developer, bulk
 2527  assignee, or bulk buyer during the period in which the
 2528  developer, bulk assignee, or bulk buyer controls the association
 2529  if the division is considering the issuance of a declaratory
 2530  statement with respect to the declaration of condominium or any
 2531  related document governing such condominium community.
 2532         (i)(h) The division shall furnish each association that
 2533  pays the fees required by paragraph (2)(a) a copy of this
 2534  chapter, as amended, and the rules adopted thereto on an annual
 2535  basis.
 2536         (j)(i) The division shall annually provide each association
 2537  with a summary of declaratory statements and formal legal
 2538  opinions relating to the operations of condominiums which were
 2539  rendered by the division during the previous year.
 2540         (k)(j) The division shall provide training and educational
 2541  programs for condominium association board members and unit
 2542  owners. The training may, in the division’s discretion, include
 2543  web-based electronic media and live training and seminars in
 2544  various locations throughout the state. The division may review
 2545  and approve education and training programs for board members
 2546  and unit owners offered by providers and shall maintain a
 2547  current list of approved programs and providers and make such
 2548  list available to board members and unit owners in a reasonable
 2549  and cost-effective manner. The division shall provide the
 2550  division-approved provider with the template certificate for
 2551  issuance directly to the association board of directors members
 2552  who have satisfactorily completed the requirements under s.
 2553  718.112(2)(d). The division may adopt rules to implement this
 2554  section.
 2555         (l)(k) The division shall maintain a toll-free telephone
 2556  number accessible to condominium unit owners.
 2557         (m)(l) The division shall develop a program to certify both
 2558  volunteer and paid mediators to provide mediation of condominium
 2559  disputes. The division shall provide, upon request, a list of
 2560  such mediators to any association, unit owner, or other
 2561  participant in alternative dispute resolution proceedings under
 2562  s. 718.1255 requesting a copy of the list. The division shall
 2563  include on the list of volunteer mediators only the names of
 2564  persons who have received at least 20 hours of training in
 2565  mediation techniques or who have mediated at least 20 disputes.
 2566  In order to become initially certified by the division, paid
 2567  mediators must be certified by the Supreme Court to mediate
 2568  court cases in county or circuit courts. However, the division
 2569  may adopt, by rule, additional factors for the certification of
 2570  paid mediators, which must be related to experience, education,
 2571  or background. Any person initially certified as a paid mediator
 2572  by the division must, in order to continue to be certified,
 2573  comply with the factors or requirements adopted by rule.
 2574         (n)(m) If a complaint is made, the division must conduct
 2575  its inquiry with due regard for the interests of the affected
 2576  parties. Within 30 days after receipt of a complaint, the
 2577  division shall acknowledge the complaint in writing and notify
 2578  the complainant whether the complaint is within the jurisdiction
 2579  of the division and whether additional information is needed by
 2580  the division from the complainant. The division shall conduct
 2581  its investigation and, within 90 days after receipt of the
 2582  original complaint or of timely requested additional
 2583  information, take action upon the complaint. However, the
 2584  failure to complete the investigation within 90 days does not
 2585  prevent the division from continuing the investigation,
 2586  accepting or considering evidence obtained or received after 90
 2587  days, or taking administrative action if reasonable cause exists
 2588  to believe that a violation of this chapter or a rule has
 2589  occurred. If an investigation is not completed within the time
 2590  limits established in this paragraph, the division shall, on a
 2591  monthly basis, notify the complainant in writing of the status
 2592  of the investigation. When reporting its action to the
 2593  complainant, the division shall inform the complainant of any
 2594  right to a hearing under ss. 120.569 and 120.57. The division
 2595  may adopt rules regarding the submission of a complaint against
 2596  an association.
 2597         (o)(n) Condominium association directors, officers, and
 2598  employees; condominium developers; bulk assignees, bulk buyers,
 2599  and community association managers; and community association
 2600  management firms have an ongoing duty to reasonably cooperate
 2601  with the division in any investigation under this section. The
 2602  division shall refer to local law enforcement authorities any
 2603  person whom the division believes has altered, destroyed,
 2604  concealed, or removed any record, document, or thing required to
 2605  be kept or maintained by this chapter with the purpose to impair
 2606  its verity or availability in the department’s investigation.
 2607  The division shall refer to local law enforcement authorities
 2608  any person whom the division believes has engaged in fraud,
 2609  theft, embezzlement, or other criminal activity or when the
 2610  division has cause to believe that fraud, theft, embezzlement,
 2611  or other criminal activity has occurred.
 2612         (p)(o)The division director or any officer or employee of
 2613  the division, and the condominium ombudsman or an employee of
 2614  the Office of the Condominium Ombudsman, may attend and observe
 2615  any meeting of the board of administration or unit owner
 2616  meeting, including any meeting of a subcommittee or special
 2617  committee, that is open to members of the association for the
 2618  purpose of performing the duties of the division or the Office
 2619  of the Condominium Ombudsman under this chapter.
 2620         (q) The division may:
 2621         1. Contract with agencies in this state or other
 2622  jurisdictions to perform investigative functions; or
 2623         2. Accept grants-in-aid from any source.
 2624         (r)(p) The division shall cooperate with similar agencies
 2625  in other jurisdictions to establish uniform filing procedures
 2626  and forms, public offering statements, advertising standards,
 2627  and rules and common administrative practices.
 2628         (s)(q) The division shall consider notice to a developer,
 2629  bulk assignee, or bulk buyer to be complete when it is delivered
 2630  to the address of the developer, bulk assignee, or bulk buyer
 2631  currently on file with the division.
 2632         (t)(r) In addition to its enforcement authority, the
 2633  division may issue a notice to show cause, which must provide
 2634  for a hearing, upon written request, in accordance with chapter
 2635  120.
 2636         (u) If the division receives a complaint regarding access
 2637  to official records on the association website under s.
 2638  718.111(12)(g), the division may request access to the
 2639  association website and investigate the complaint. The division
 2640  may implement rules to carry out this provision.
 2641         (v)(s) The division shall submit to the Governor, the
 2642  President of the Senate, the Speaker of the House of
 2643  Representatives, and the chairs of the legislative
 2644  appropriations committees an annual report that includes, but
 2645  need not be limited to, the number of training programs provided
 2646  for condominium association board members and unit owners, the
 2647  number of complaints received by type, the number and percent of
 2648  complaints acknowledged in writing within 30 days and the number
 2649  and percent of investigations acted upon within 90 days in
 2650  accordance with paragraph (m), and the number of investigations
 2651  exceeding the 90-day requirement. The annual report must also
 2652  include an evaluation of the division’s core business processes
 2653  and make recommendations for improvements, including statutory
 2654  changes. After December 31, 2024, the division must include the
 2655  uniform resource locator for the Internet address to the list of
 2656  the associations that have completed their structural reserve
 2657  study under section 718.112(2)(g). The report shall be submitted
 2658  by September 30 following the end of the fiscal year.
 2659         (2)(a) Each condominium association which operates more
 2660  than two units shall pay to the division an annual fee in the
 2661  amount of $4 for each residential unit in condominiums operated
 2662  by the association. If the fee is not paid by March 1, the
 2663  association shall be assessed a penalty of 10 percent of the
 2664  amount due, and the association will not have standing to
 2665  maintain or defend any action in the courts of this state until
 2666  the amount due, plus any penalty, is paid.
 2667         (b) All fees shall be deposited in the Division of Florida
 2668  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 2669  provided by law.
 2670         (c) On the certification form provided by the division, the
 2671  directors of the association shall certify that each director of
 2672  the association has completed the written certification and
 2673  educational certificate requirements in s. 718.112(2)(d)4.b.
 2674  This certification requirement does not apply to the directors
 2675  of an association governing a timeshare condominium.
 2676         Section 24. Subsection (2) of section 718.5011, Florida
 2677  Statutes, is amended to read:
 2678         718.5011 Ombudsman; appointment; administration.—
 2679         (2) The secretary of the Department of Business and
 2680  Professional Regulation Governor shall appoint the ombudsman,
 2681  who. The ombudsman must be an attorney admitted to practice
 2682  before the Florida Supreme Court and shall serve at the pleasure
 2683  of the secretary Governor. A vacancy in the office shall be
 2684  filled in the same manner as the original appointment. An
 2685  officer or full-time employee of the ombudsman’s office may not
 2686  actively engage in any other business or profession that
 2687  directly or indirectly relates to or conflicts with his or her
 2688  work in the ombudsman’s office; serve as the representative of
 2689  any political party, executive committee, or other governing
 2690  body of a political party; serve as an executive, officer, or
 2691  employee of a political party; receive remuneration for
 2692  activities on behalf of any candidate for public office; or
 2693  engage in soliciting votes or other activities on behalf of a
 2694  candidate for public office. The ombudsman or any employee of
 2695  his or her office may not become a candidate for election to
 2696  public office unless he or she first resigns from his or her
 2697  office or employment.
 2698         Section 25. Effective October 1, 2024, paragraph (a) of
 2699  subsection (2) and subsection (3) of section 718.503, Florida
 2700  Statutes, are amended to read:
 2701         718.503 Developer disclosure prior to sale; nondeveloper
 2702  unit owner disclosure prior to sale; voidability.—
 2703         (2) NONDEVELOPER DISCLOSURE.—
 2704         (a) Each unit owner who is not a developer as defined by
 2705  this chapter must comply with this subsection before the sale of
 2706  his or her unit. Each prospective purchaser who has entered into
 2707  a contract for the purchase of a condominium unit is entitled,
 2708  at the seller’s expense, to a current copy of all of the
 2709  following:
 2710         1. The declaration of condominium.
 2711         2. Articles of incorporation of the association.
 2712         3. Bylaws and rules of the association.
 2713         4. An annual financial statement and an annual budget of
 2714  the condominium association Financial information required by s.
 2715  718.111.
 2716         5. A copy of the inspector-prepared summary of the
 2717  milestone inspection report as described in s. 553.899, if
 2718  applicable.
 2719         6. The association’s most recent structural integrity
 2720  reserve study or a statement that the association has not
 2721  completed a structural integrity reserve study.
 2722         7. A copy of the inspection report described in s.
 2723  718.301(4)(p) and (q) for a turnover inspection performed on or
 2724  after July 1, 2023.
 2725         8. The document entitled “Frequently Asked Questions and
 2726  Answers” required by s. 718.504.
 2727         (3) OTHER DISCLOSURES DISCLOSURE.—
 2728         (a) If residential condominium parcels are offered for sale
 2729  or lease prior to completion of construction of the units and of
 2730  improvements to the common elements, or prior to completion of
 2731  remodeling of previously occupied buildings, the developer must
 2732  shall make available to each prospective purchaser or lessee,
 2733  for his or her inspection at a place convenient to the site, a
 2734  copy of the complete plans and specifications for the
 2735  construction or remodeling of the unit offered to him or her and
 2736  of the improvements to the common elements appurtenant to the
 2737  unit.
 2738         (b) Sales brochures, if any, must shall be provided to each
 2739  purchaser, and the following caveat in conspicuous type must
 2740  shall be placed on the inside front cover or on the first page
 2741  containing text material of the sales brochure, or otherwise
 2742  conspicuously displayed: ORAL REPRESENTATIONS CANNOT BE RELIED
 2743  UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR
 2744  CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO
 2745  THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO
 2746  BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. If timeshare
 2747  estates have been or may be created with respect to any unit in
 2748  the condominium, the sales brochure must shall contain the
 2749  following statement in conspicuous type: UNITS IN THIS
 2750  CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.
 2751         (c)If a unit is located within a condominium that is
 2752  created within a portion of a building or within a multiple
 2753  parcel building, the developer or nondeveloper unit owner must
 2754  provide the disclosures required by s. 718.407(5).
 2755         Section 26. Effective October 1, 2024, section 718.504,
 2756  Florida Statutes, is amended to read:
 2757         718.504 Prospectus or offering circular.—Every developer of
 2758  a residential condominium which contains more than 20
 2759  residential units, or which is part of a group of residential
 2760  condominiums which will be served by property to be used in
 2761  common by unit owners of more than 20 residential units, shall
 2762  prepare a prospectus or offering circular and file it with the
 2763  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2764  prior to entering into an enforceable contract of purchase and
 2765  sale of any unit or lease of a unit for more than 5 years and
 2766  shall furnish a copy of the prospectus or offering circular to
 2767  each buyer. In addition to the prospectus or offering circular,
 2768  each buyer shall be furnished a separate page entitled
 2769  “Frequently Asked Questions and Answers,” which shall be in
 2770  accordance with a format approved by the division and a copy of
 2771  the financial information required by s. 718.111. This page
 2772  shall, in readable language, inform prospective purchasers
 2773  regarding their voting rights and unit use restrictions,
 2774  including restrictions on the leasing of a unit; shall indicate
 2775  whether and in what amount the unit owners or the association is
 2776  obligated to pay rent or land use fees for recreational or other
 2777  commonly used facilities; shall contain a statement identifying
 2778  that amount of assessment which, pursuant to the budget, would
 2779  be levied upon each unit type, exclusive of any special
 2780  assessments, and which shall further identify the basis upon
 2781  which assessments are levied, whether monthly, quarterly, or
 2782  otherwise; shall state and identify any court cases in which the
 2783  association is currently a party of record in which the
 2784  association may face liability in excess of $100,000; shall
 2785  state whether the condominium is created within a portion of a
 2786  building or a multiple parcel building; and which shall further
 2787  state whether membership in a recreational facilities
 2788  association is mandatory, and if so, shall identify the fees
 2789  currently charged per unit type. The division shall by rule
 2790  require such other disclosure as in its judgment will assist
 2791  prospective purchasers. The prospectus or offering circular may
 2792  include more than one condominium, although not all such units
 2793  are being offered for sale as of the date of the prospectus or
 2794  offering circular. The prospectus or offering circular must
 2795  contain the following information:
 2796         (1) The front cover or the first page must contain only:
 2797         (a) The name of the condominium.
 2798         (b) The following statements in conspicuous type:
 2799  
 2800         1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS
 2801         IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A
 2802         CONDOMINIUM UNIT.
 2803         2. THE STATEMENTS CONTAINED HEREIN ARE ONLY
 2804         SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD
 2805         REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE
 2806         CONTRACT DOCUMENTS, AND SALES MATERIALS.
 2807         3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
 2808         CORRECTLY STATING THE REPRESENTATIONS OF THE
 2809         DEVELOPER. REFER TO THIS PROSPECTUS (OFFERING
 2810         CIRCULAR) AND ITS EXHIBITS FOR CORRECT
 2811         REPRESENTATIONS.
 2812  
 2813         (2) Summary: The next page must contain all statements
 2814  required to be in conspicuous type in the prospectus or offering
 2815  circular.
 2816         (3) A separate index of the contents and exhibits of the
 2817  prospectus.
 2818         (4) Beginning on the first page of the text (not including
 2819  the summary and index), a description of the condominium,
 2820  including, but not limited to, the following information:
 2821         (a) Its name and location.
 2822         (b) A description of the condominium property, including,
 2823  without limitation:
 2824         1. The number of buildings, the number of units in each
 2825  building, the number of bathrooms and bedrooms in each unit, and
 2826  the total number of units, if the condominium is not a phase
 2827  condominium, or the maximum number of buildings that may be
 2828  contained within the condominium, the minimum and maximum
 2829  numbers of units in each building, the minimum and maximum
 2830  numbers of bathrooms and bedrooms that may be contained in each
 2831  unit, and the maximum number of units that may be contained
 2832  within the condominium, if the condominium is a phase
 2833  condominium.
 2834         2. The page in the condominium documents where a copy of
 2835  the plot plan and survey of the condominium is located.
 2836         3. The estimated latest date of completion of constructing,
 2837  finishing, and equipping. In lieu of a date, the description
 2838  shall include a statement that the estimated date of completion
 2839  of the condominium is in the purchase agreement and a reference
 2840  to the article or paragraph containing that information.
 2841         (c) The maximum number of units that will use facilities in
 2842  common with the condominium. If the maximum number of units will
 2843  vary, a description of the basis for variation and the minimum
 2844  amount of dollars per unit to be spent for additional
 2845  recreational facilities or enlargement of such facilities. If
 2846  the addition or enlargement of facilities will result in a
 2847  material increase of a unit owner’s maintenance expense or
 2848  rental expense, if any, the maximum increase and limitations
 2849  thereon shall be stated.
 2850         (5)(a) A statement in conspicuous type describing whether
 2851  the condominium is created and being sold as fee simple
 2852  interests or as leasehold interests. If the condominium is
 2853  created or being sold on a leasehold, the location of the lease
 2854  in the disclosure materials shall be stated.
 2855         (b) If timeshare estates are or may be created with respect
 2856  to any unit in the condominium, a statement in conspicuous type
 2857  stating that timeshare estates are created and being sold in
 2858  units in the condominium.
 2859         (6) A description of the recreational and other commonly
 2860  used facilities that will be used only by unit owners of the
 2861  condominium, including, but not limited to, the following:
 2862         (a) Each room and its intended purposes, location,
 2863  approximate floor area, and capacity in numbers of people.
 2864         (b) Each swimming pool, as to its general location,
 2865  approximate size and depths, approximate deck size and capacity,
 2866  and whether heated.
 2867         (c) Additional facilities, as to the number of each
 2868  facility, its approximate location, approximate size, and
 2869  approximate capacity.
 2870         (d) A general description of the items of personal property
 2871  and the approximate number of each item of personal property
 2872  that the developer is committing to furnish for each room or
 2873  other facility or, in the alternative, a representation as to
 2874  the minimum amount of expenditure that will be made to purchase
 2875  the personal property for the facility.
 2876         (e) The estimated date when each room or other facility
 2877  will be available for use by the unit owners.
 2878         (f)1. An identification of each room or other facility to
 2879  be used by unit owners that will not be owned by the unit owners
 2880  or the association;
 2881         2. A reference to the location in the disclosure materials
 2882  of the lease or other agreements providing for the use of those
 2883  facilities; and
 2884         3. A description of the terms of the lease or other
 2885  agreements, including the length of the term; the rent payable,
 2886  directly or indirectly, by each unit owner, and the total rent
 2887  payable to the lessor, stated in monthly and annual amounts for
 2888  the entire term of the lease; and a description of any option to
 2889  purchase the property leased under any such lease, including the
 2890  time the option may be exercised, the purchase price or how it
 2891  is to be determined, the manner of payment, and whether the
 2892  option may be exercised for a unit owner’s share or only as to
 2893  the entire leased property.
 2894         (g) A statement as to whether the developer may provide
 2895  additional facilities not described above; their general
 2896  locations and types; improvements or changes that may be made;
 2897  the approximate dollar amount to be expended; and the maximum
 2898  additional common expense or cost to the individual unit owners
 2899  that may be charged during the first annual period of operation
 2900  of the modified or added facilities.
 2901  
 2902  Descriptions as to locations, areas, capacities, numbers,
 2903  volumes, or sizes may be stated as approximations or minimums.
 2904         (7) A description of the recreational and other facilities
 2905  that will be used in common with other condominiums, community
 2906  associations, or planned developments which require the payment
 2907  of the maintenance and expenses of such facilities, directly or
 2908  indirectly, by the unit owners. The description shall include,
 2909  but not be limited to, the following:
 2910         (a) Each building and facility committed to be built and a
 2911  summary description of the structural integrity of each building
 2912  for which reserves are required pursuant to s. 718.112(2)(g).
 2913         (b) Facilities not committed to be built except under
 2914  certain conditions, and a statement of those conditions or
 2915  contingencies.
 2916         (c) As to each facility committed to be built, or which
 2917  will be committed to be built upon the happening of one of the
 2918  conditions in paragraph (b), a statement of whether it will be
 2919  owned by the unit owners having the use thereof or by an
 2920  association or other entity which will be controlled by them, or
 2921  others, and the location in the exhibits of the lease or other
 2922  document providing for use of those facilities.
 2923         (d) The year in which each facility will be available for
 2924  use by the unit owners or, in the alternative, the maximum
 2925  number of unit owners in the project at the time each of all of
 2926  the facilities is committed to be completed.
 2927         (e) A general description of the items of personal
 2928  property, and the approximate number of each item of personal
 2929  property, that the developer is committing to furnish for each
 2930  room or other facility or, in the alternative, a representation
 2931  as to the minimum amount of expenditure that will be made to
 2932  purchase the personal property for the facility.
 2933         (f) If there are leases, a description thereof, including
 2934  the length of the term, the rent payable, and a description of
 2935  any option to purchase.
 2936  
 2937  Descriptions shall include location, areas, capacities, numbers,
 2938  volumes, or sizes and may be stated as approximations or
 2939  minimums.
 2940         (8) Recreation lease or associated club membership:
 2941         (a) If any recreational facilities or other facilities
 2942  offered by the developer and available to, or to be used by,
 2943  unit owners are to be leased or have club membership associated,
 2944  the following statement in conspicuous type shall be included:
 2945  THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
 2946  CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
 2947  CONDOMINIUM. There shall be a reference to the location in the
 2948  disclosure materials where the recreation lease or club
 2949  membership is described in detail.
 2950         (b) If it is mandatory that unit owners pay a fee, rent,
 2951  dues, or other charges under a recreational facilities lease or
 2952  club membership for the use of facilities, there shall be in
 2953  conspicuous type the applicable statement:
 2954         1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
 2955  MANDATORY FOR UNIT OWNERS; or
 2956         2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
 2957  TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
 2958         3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
 2959  AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
 2960  RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
 2961  OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
 2962         4. A similar statement of the nature of the organization or
 2963  the manner in which the use rights are created, and that unit
 2964  owners are required to pay.
 2965  
 2966  Immediately following the applicable statement, the location in
 2967  the disclosure materials where the development is described in
 2968  detail shall be stated.
 2969         (c) If the developer, or any other person other than the
 2970  unit owners and other persons having use rights in the
 2971  facilities, reserves, or is entitled to receive, any rent, fee,
 2972  or other payment for the use of the facilities, then there shall
 2973  be the following statement in conspicuous type: THE UNIT OWNERS
 2974  OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
 2975  RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
 2976  following this statement, the location in the disclosure
 2977  materials where the rent or land use fees are described in
 2978  detail shall be stated.
 2979         (d) If, in any recreation format, whether leasehold, club,
 2980  or other, any person other than the association has the right to
 2981  a lien on the units to secure the payment of assessments, rent,
 2982  or other exactions, there shall appear a statement in
 2983  conspicuous type in substantially the following form:
 2984  
 2985         1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH
 2986         UNIT TO SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS
 2987         UNDER THE RECREATION LEASE. THE UNIT OWNER’S FAILURE
 2988         TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF
 2989         THE LIEN; or
 2990         2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH
 2991         UNIT TO SECURE THE PAYMENT OF ASSESSMENTS OR OTHER
 2992         EXACTIONS COMING DUE FOR THE USE, MAINTENANCE, UPKEEP,
 2993         OR REPAIR OF THE RECREATIONAL OR COMMONLY USED
 2994         FACILITIES. THE UNIT OWNER’S FAILURE TO MAKE THESE
 2995         PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
 2996  
 2997  Immediately following the applicable statement, the location in
 2998  the disclosure materials where the lien or lien right is
 2999  described in detail shall be stated.
 3000         (9) If the developer or any other person has the right to
 3001  increase or add to the recreational facilities at any time after
 3002  the establishment of the condominium whose unit owners have use
 3003  rights therein, without the consent of the unit owners or
 3004  associations being required, there shall appear a statement in
 3005  conspicuous type in substantially the following form:
 3006  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
 3007  CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately
 3008  following this statement, the location in the disclosure
 3009  materials where such reserved rights are described shall be
 3010  stated.
 3011         (10) A statement of whether the developer’s plan includes a
 3012  program of leasing units rather than selling them, or leasing
 3013  units and selling them subject to such leases. If so, there
 3014  shall be a description of the plan, including the number and
 3015  identification of the units and the provisions and term of the
 3016  proposed leases, and a statement in boldfaced type that: THE
 3017  UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
 3018         (11) The arrangements for management of the association and
 3019  maintenance and operation of the condominium property and of
 3020  other property that will serve the unit owners of the
 3021  condominium property, and a description of the management
 3022  contract and all other contracts for these purposes having a
 3023  term in excess of 1 year, including the following:
 3024         (a) The names of contracting parties.
 3025         (b) The term of the contract.
 3026         (c) The nature of the services included.
 3027         (d) The compensation, stated on a monthly and annual basis,
 3028  and provisions for increases in the compensation.
 3029         (e) A reference to the volumes and pages of the condominium
 3030  documents and of the exhibits containing copies of such
 3031  contracts.
 3032  
 3033  Copies of all described contracts shall be attached as exhibits.
 3034  If there is a contract for the management of the condominium
 3035  property, then a statement in conspicuous type in substantially
 3036  the following form shall appear, identifying the proposed or
 3037  existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
 3038  THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
 3039  CONTRACT MANAGER). Immediately following this statement, the
 3040  location in the disclosure materials of the contract for
 3041  management of the condominium property shall be stated.
 3042         (12) If the developer or any other person or persons other
 3043  than the unit owners has the right to retain control of the
 3044  board of administration of the association for a period of time
 3045  which can exceed 1 year after the closing of the sale of a
 3046  majority of the units in that condominium to persons other than
 3047  successors or alternate developers, then a statement in
 3048  conspicuous type in substantially the following form shall be
 3049  included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
 3050  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
 3051  HAVE BEEN SOLD. Immediately following this statement, the
 3052  location in the disclosure materials where this right to control
 3053  is described in detail shall be stated.
 3054         (13) If there are any restrictions upon the sale, transfer,
 3055  conveyance, or leasing of a unit, then a statement in
 3056  conspicuous type in substantially the following form shall be
 3057  included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED
 3058  OR CONTROLLED. Immediately following this statement, the
 3059  location in the disclosure materials where the restriction,
 3060  limitation, or control on the sale, lease, or transfer of units
 3061  is described in detail shall be stated.
 3062         (14) If the condominium is part of a phase project, the
 3063  following information shall be stated:
 3064         (a) A statement in conspicuous type in substantially the
 3065  following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND
 3066  AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately
 3067  following this statement, the location in the disclosure
 3068  materials where the phasing is described shall be stated.
 3069         (b) A summary of the provisions of the declaration which
 3070  provide for the phasing.
 3071         (c) A statement as to whether or not residential buildings
 3072  and units which are added to the condominium may be
 3073  substantially different from the residential buildings and units
 3074  originally in the condominium. If the added residential
 3075  buildings and units may be substantially different, there shall
 3076  be a general description of the extent to which such added
 3077  residential buildings and units may differ, and a statement in
 3078  conspicuous type in substantially the following form shall be
 3079  included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE
 3080  CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER
 3081  BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following
 3082  this statement, the location in the disclosure materials where
 3083  the extent to which added residential buildings and units may
 3084  substantially differ is described shall be stated.
 3085         (d) A statement of the maximum number of buildings
 3086  containing units, the maximum and minimum numbers of units in
 3087  each building, the maximum number of units, and the minimum and
 3088  maximum square footage of the units that may be contained within
 3089  each parcel of land which may be added to the condominium.
 3090         (15) If a condominium created on or after July 1, 2000, is
 3091  or may become part of a multicondominium, the following
 3092  information must be provided:
 3093         (a) A statement in conspicuous type in substantially the
 3094  following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
 3095  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
 3096  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately
 3097  following this statement, the location in the prospectus or
 3098  offering circular and its exhibits where the multicondominium
 3099  aspects of the offering are described must be stated.
 3100         (b) A summary of the provisions in the declaration,
 3101  articles of incorporation, and bylaws which establish and
 3102  provide for the operation of the multicondominium, including a
 3103  statement as to whether unit owners in the condominium will have
 3104  the right to use recreational or other facilities located or
 3105  planned to be located in other condominiums operated by the same
 3106  association, and the manner of sharing the common expenses
 3107  related to such facilities.
 3108         (c) A statement of the minimum and maximum number of
 3109  condominiums, and the minimum and maximum number of units in
 3110  each of those condominiums, which will or may be operated by the
 3111  association, and the latest date by which the exact number will
 3112  be finally determined.
 3113         (d) A statement as to whether any of the condominiums in
 3114  the multicondominium may include units intended to be used for
 3115  nonresidential purposes and the purpose or purposes permitted
 3116  for such use.
 3117         (e) A general description of the location and approximate
 3118  acreage of any land on which any additional condominiums to be
 3119  operated by the association may be located.
 3120         (16) If the condominium is created by conversion of
 3121  existing improvements, the following information shall be
 3122  stated:
 3123         (a) The information required by s. 718.616.
 3124         (b) A caveat that there are no express warranties unless
 3125  they are stated in writing by the developer.
 3126         (17) A summary of the restrictions, if any, to be imposed
 3127  on units concerning the use of any of the condominium property,
 3128  including statements as to whether there are restrictions upon
 3129  children and pets, and reference to the volumes and pages of the
 3130  condominium documents where such restrictions are found, or if
 3131  such restrictions are contained elsewhere, then a copy of the
 3132  documents containing the restrictions shall be attached as an
 3133  exhibit.
 3134         (18) If there is any land that is offered by the developer
 3135  for use by the unit owners and that is neither owned by them nor
 3136  leased to them, the association, or any entity controlled by
 3137  unit owners and other persons having the use rights to such
 3138  land, a statement shall be made as to how such land will serve
 3139  the condominium. If any part of such land will serve the
 3140  condominium, the statement shall describe the land and the
 3141  nature and term of service, and the declaration or other
 3142  instrument creating such servitude shall be included as an
 3143  exhibit.
 3144         (19) The manner in which utility and other services,
 3145  including, but not limited to, sewage and waste disposal, water
 3146  supply, and storm drainage, will be provided and the person or
 3147  entity furnishing them.
 3148         (20) An explanation of the manner in which the
 3149  apportionment of common expenses and ownership of the common
 3150  elements has been determined.
 3151         (21) An estimated operating budget for the condominium and
 3152  the association, and a schedule of the unit owner’s expenses
 3153  shall be attached as an exhibit and shall contain the following
 3154  information:
 3155         (a) The estimated monthly and annual expenses of the
 3156  condominium and the association that are collected from unit
 3157  owners by assessments.
 3158         (b) The estimated monthly and annual expenses of each unit
 3159  owner for a unit, other than common expenses paid by all unit
 3160  owners, payable by the unit owner to persons or entities other
 3161  than the association, as well as to the association, including
 3162  fees assessed pursuant to s. 718.113(1) for maintenance of
 3163  limited common elements where such costs are shared only by
 3164  those entitled to use the limited common element, and the total
 3165  estimated monthly and annual expense. There may be excluded from
 3166  this estimate expenses which are not provided for or
 3167  contemplated by the condominium documents, including, but not
 3168  limited to, the costs of private telephone; maintenance of the
 3169  interior of condominium units, which is not the obligation of
 3170  the association; maid or janitorial services privately
 3171  contracted for by the unit owners; utility bills billed directly
 3172  to each unit owner for utility services to his or her unit;
 3173  insurance premiums other than those incurred for policies
 3174  obtained by the condominium; and similar personal expenses of
 3175  the unit owner. A unit owner’s estimated payments for
 3176  assessments shall also be stated in the estimated amounts for
 3177  the times when they will be due.
 3178         (c) The estimated items of expenses of the condominium and
 3179  the association, except as excluded under paragraph (b),
 3180  including, but not limited to, the following items, which shall
 3181  be stated as an association expense collectible by assessments
 3182  or as unit owners’ expenses payable to persons other than the
 3183  association:
 3184         1. Expenses for the association and condominium:
 3185         a. Administration of the association.
 3186         b. Management fees.
 3187         c. Maintenance.
 3188         d. Rent for recreational and other commonly used
 3189  facilities.
 3190         e. Taxes upon association property.
 3191         f. Taxes upon leased areas.
 3192         g. Insurance.
 3193         h. Security provisions.
 3194         i. Other expenses.
 3195         j. Operating capital.
 3196         k. Reserves for all applicable items referenced in s.
 3197  718.112(2)(g).
 3198         l. Fees payable to the division.
 3199         2. Expenses for a unit owner:
 3200         a. Rent for the unit, if subject to a lease.
 3201         b. Rent payable by the unit owner directly to the lessor or
 3202  agent under any recreational lease or lease for the use of
 3203  commonly used facilities, which use and payment is a mandatory
 3204  condition of ownership and is not included in the common expense
 3205  or assessments for common maintenance paid by the unit owners to
 3206  the association.
 3207         (d) The following statement in conspicuous type:
 3208  
 3209         THE BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS
 3210         BEEN PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT
 3211         AND IS A GOOD FAITH ESTIMATE ONLY AND REPRESENTS AN
 3212         APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
 3213         CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
 3214         ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED
 3215         COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL
 3216         ADVERSE CHANGES IN THE OFFERING.
 3217  
 3218         (e) Each budget for an association prepared by a developer
 3219  consistent with this subsection shall be prepared in good faith
 3220  and shall reflect accurate estimated amounts for the required
 3221  items in paragraph (c) at the time of the filing of the offering
 3222  circular with the division, and subsequent increased amounts of
 3223  any item included in the association’s estimated budget that are
 3224  beyond the control of the developer shall not be considered an
 3225  amendment that would give rise to rescission rights set forth in
 3226  s. 718.503(1)(a) or (b), nor shall such increases modify, void,
 3227  or otherwise affect any guarantee of the developer contained in
 3228  the offering circular or any purchase contract. It is the intent
 3229  of this paragraph to clarify existing law.
 3230         (f) The estimated amounts shall be stated for a period of
 3231  at least 12 months and may distinguish between the period prior
 3232  to the time unit owners other than the developer elect a
 3233  majority of the board of administration and the period after
 3234  that date.
 3235         (22) A schedule of estimated closing expenses to be paid by
 3236  a buyer or lessee of a unit and a statement of whether title
 3237  opinion or title insurance policy is available to the buyer and,
 3238  if so, at whose expense.
 3239         (23) The identity of the developer and the chief operating
 3240  officer or principal directing the creation and sale of the
 3241  condominium and a statement of its and his or her experience in
 3242  this field.
 3243         (24) Copies of the following, to the extent they are
 3244  applicable, shall be included as exhibits:
 3245         (a) The declaration of condominium, or the proposed
 3246  declaration if the declaration has not been recorded.
 3247         (b) The articles of incorporation creating the association.
 3248         (c) The bylaws of the association.
 3249         (d) The ground lease or other underlying lease of the
 3250  condominium.
 3251         (e) The management agreement and all maintenance and other
 3252  contracts for management of the association and operation of the
 3253  condominium and facilities used by the unit owners having a
 3254  service term in excess of 1 year.
 3255         (f) The estimated operating budget for the condominium, the
 3256  required schedule of unit owners’ expenses, and the
 3257  association’s most recent structural integrity reserve study or
 3258  a statement that the association has not completed a structural
 3259  integrity reserve study.
 3260         (g) A copy of the floor plan of the unit and the plot plan
 3261  showing the location of the residential buildings and the
 3262  recreation and other common areas.
 3263         (h) The lease of recreational and other facilities that
 3264  will be used only by unit owners of the subject condominium.
 3265         (i) The lease of facilities used by owners and others.
 3266         (j) The form of unit lease, if the offer is of a leasehold.
 3267         (k) A declaration of servitude of properties serving the
 3268  condominium but not owned by unit owners or leased to them or
 3269  the association.
 3270         (l) The statement of condition of the existing building or
 3271  buildings, if the offering is of units in an operation being
 3272  converted to condominium ownership.
 3273         (m) The statement of inspection for termite damage and
 3274  treatment of the existing improvements, if the condominium is a
 3275  conversion.
 3276         (n) The form of agreement for sale or lease of units.
 3277         (o) A copy of the agreement for escrow of payments made to
 3278  the developer prior to closing.
 3279         (p) A copy of the documents containing any restrictions on
 3280  use of the property required by subsection (17).
 3281         (q) A copy of the inspector-prepared summary of the
 3282  milestone inspection report as described in ss. 553.899 and
 3283  718.301(4)(p), as applicable.
 3284         (25) Any prospectus or offering circular complying, prior
 3285  to the effective date of this act, with the provisions of former
 3286  ss. 711.69 and 711.802 may continue to be used without amendment
 3287  or may be amended to comply with this chapter.
 3288         (26) A brief narrative description of the location and
 3289  effect of all existing and intended easements located or to be
 3290  located on the condominium property other than those described
 3291  in the declaration.
 3292         (27) If the developer is required by state or local
 3293  authorities to obtain acceptance or approval of any dock or
 3294  marina facilities intended to serve the condominium, a copy of
 3295  any such acceptance or approval acquired by the time of filing
 3296  with the division under s. 718.502(1) or a statement that such
 3297  acceptance or approval has not been acquired or received.
 3298         (28) Evidence demonstrating that the developer has an
 3299  ownership, leasehold, or contractual interest in the land upon
 3300  which the condominium is to be developed.
 3301         Section 27. Subsection (1) of section 718.618, Florida
 3302  Statutes, is amended to read:
 3303         718.618 Converter reserve accounts; warranties.—
 3304         (1) When existing improvements are converted to ownership
 3305  as a residential condominium, the developer shall establish
 3306  converter reserve accounts for capital expenditures and planned
 3307  deferred maintenance, or give warranties as provided by
 3308  subsection (6), or post a surety bond as provided by subsection
 3309  (7). The developer shall fund the converter reserve accounts in
 3310  amounts calculated as follows:
 3311         (a)1. When the existing improvements include an air
 3312  conditioning system serving more than one unit or property which
 3313  the association is responsible to repair, maintain, or replace,
 3314  the developer shall fund an air-conditioning reserve account.
 3315  The amount of the reserve account shall be the product of the
 3316  estimated current replacement cost of the system, as disclosed
 3317  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 3318  fraction, the numerator of which shall be the lesser of the age
 3319  of the system in years or 9, and the denominator of which shall
 3320  be 10. When such air-conditioning system is within 1,000 yards
 3321  of the seacoast, the numerator shall be the lesser of the age of
 3322  the system in years or 3, and the denominator shall be 4.
 3323         2. The developer shall fund a plumbing reserve account. The
 3324  amount of the funding shall be the product of the estimated
 3325  current replacement cost of the plumbing component, as disclosed
 3326  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 3327  fraction, the numerator of which shall be the lesser of the age
 3328  of the plumbing in years or 36, and the denominator of which
 3329  shall be 40.
 3330         3. The developer shall fund a roof reserve account. The
 3331  amount of the funding shall be the product of the estimated
 3332  current replacement cost of the roofing component, as disclosed
 3333  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 3334  fraction, the numerator of which shall be the lesser of the age
 3335  of the roof in years or the numerator listed in the following
 3336  table. The denominator of the fraction shall be determined based
 3337  on the roof type, as follows:
 3338  
 3339        Roof Type               Numerator          Denominator      
 3340  a.    Built-up roof without insulation        4                   5           
 3341  b.    Built-up roof with insulation        4                   5           
 3342  c.    Cement tile roof            45                  50          
 3343  d.    Asphalt shingle roof        14                  15          
 3344  e.    Copper roof                                                 
 3345  f.    Wood shingle roof           9                   10          
 3346  g.    All other types             18                  20          
 3347  
 3348  
 3349         (b) The age of any component or structure for which the
 3350  developer is required to fund a reserve account shall be
 3351  measured in years, rounded to the nearest whole year. The amount
 3352  of converter reserves to be funded by the developer for each
 3353  structure or component shall be based on the age of the
 3354  structure or component as disclosed in the inspection report.
 3355  The architect or engineer shall determine the age of the
 3356  component from the later of:
 3357         1. The date when the component or structure was replaced or
 3358  substantially renewed, if the replacement or renewal of the
 3359  component at least met the requirements of the then-applicable
 3360  building code; or
 3361         2. The date when the installation or construction of the
 3362  existing component or structure was completed.
 3363         (c) When the age of a component or structure is to be
 3364  measured from the date of replacement or renewal, the developer
 3365  shall provide the division with a certificate, under the seal of
 3366  an architect or engineer authorized to practice in this state,
 3367  verifying:
 3368         1. The date of the replacement or renewal; and
 3369         2. That the replacement or renewal at least met the
 3370  requirements of the then-applicable building code.
 3371         (d) In addition to establishing the reserve accounts
 3372  specified above, the developer shall establish those other
 3373  reserve accounts required by s. 718.112(2)(f), and shall fund
 3374  those accounts in accordance with the formula provided therein.
 3375  The vote to waive or reduce the funding or reserves required by
 3376  s. 718.112(2)(f) does not affect or negate the obligations
 3377  arising under this section.
 3378         Section 28. Paragraphs (j) and (k) of subsection (1) of
 3379  section 719.106, Florida Statutes, are amended to read:
 3380         719.106 Bylaws; cooperative ownership.—
 3381         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 3382  documents shall provide for the following, and if they do not,
 3383  they shall be deemed to include the following:
 3384         (j) Annual budget.—
 3385         1. The proposed annual budget of common expenses must be
 3386  detailed and must show the amounts budgeted by accounts and
 3387  expense classifications, including, if applicable, but not
 3388  limited to, those expenses listed in s. 719.504(20). The board
 3389  of administration shall adopt the annual budget at least 14 days
 3390  before the start of the association’s fiscal year. In the event
 3391  that the board fails to timely adopt the annual budget a second
 3392  time, it is deemed a minor violation and the prior year’s budget
 3393  shall continue in effect until a new budget is adopted.
 3394         2. In addition to annual operating expenses, the budget
 3395  must include reserve accounts for capital expenditures and
 3396  planned deferred maintenance. These accounts must include, but
 3397  not be limited to, roof replacement, building painting, and
 3398  pavement resurfacing, regardless of the amount of planned
 3399  deferred maintenance expense or replacement cost, and for any
 3400  other items for which the planned deferred maintenance expense
 3401  or replacement cost exceeds $10,000. The amount to be reserved
 3402  must be computed by means of a formula which is based upon
 3403  estimated remaining useful life and estimated replacement cost
 3404  or planned deferred maintenance expense of the reserve item. In
 3405  a budget adopted by an association that is required to obtain a
 3406  structural integrity reserve study, reserves must be maintained
 3407  for the items identified in paragraph (k) for which the
 3408  association is responsible pursuant to the declaration, and the
 3409  reserve amount for such items must be based on the findings and
 3410  recommendations of the association’s most recent structural
 3411  integrity reserve study. With respect to items for which an
 3412  estimate of useful life is not readily ascertainable or with an
 3413  estimated remaining useful life of greater than 25 years, an
 3414  association is not required to reserve replacement costs for
 3415  such items, but an association must reserve the amount of
 3416  planned deferred maintenance expense, if any, which is
 3417  recommended by the structural integrity reserve study for such
 3418  items. The association may adjust replacement reserve
 3419  assessments annually to take into account an inflation
 3420  adjustment and any changes in estimates or extension of the
 3421  useful life of a reserve item caused by planned deferred
 3422  maintenance. The members of a unit-owner-controlled association
 3423  may determine, by a majority vote of the total voting interests
 3424  of the association, for a fiscal year to provide no reserves or
 3425  reserves less adequate than required by this subsection. Before
 3426  turnover of control of an association by a developer to unit
 3427  owners other than a developer under s. 719.301, the developer
 3428  controlled association may not vote to waive the reserves or
 3429  reduce funding of the reserves. For a budget adopted on or after
 3430  December 31, 2024, a unit-owner-controlled association that must
 3431  obtain a structural integrity reserve study may not determine to
 3432  provide no reserves or reserves less adequate than required by
 3433  this paragraph for items listed in paragraph (k). If a meeting
 3434  of the unit owners has been called to determine to provide no
 3435  reserves, or reserves less adequate than required, and such
 3436  result is not attained or a quorum is not attained, the reserves
 3437  as included in the budget shall go into effect.
 3438         3. Reserve funds and any interest accruing thereon shall
 3439  remain in the reserve account or accounts, and shall be used
 3440  only for authorized reserve expenditures unless their use for
 3441  other purposes is approved in advance by a vote of the majority
 3442  of the total voting interests of the association. Before
 3443  turnover of control of an association by a developer to unit
 3444  owners other than the developer under s. 719.301, the developer
 3445  may not vote to use reserves for purposes other than that for
 3446  which they were intended. For a budget adopted on or after
 3447  December 31, 2024, members of a unit-owner-controlled
 3448  association that must obtain a structural integrity reserve
 3449  study may not vote to use reserve funds, or any interest
 3450  accruing thereon, for purposes other than the replacement or
 3451  planned deferred maintenance costs of the components listed in
 3452  paragraph (k).
 3453         (k) Structural integrity reserve study.—
 3454         1. A residential cooperative association must have a
 3455  structural integrity reserve study completed at least every 10
 3456  years for each building on the cooperative property that is
 3457  three stories or higher in height, as determined by the Florida
 3458  Building Code, that includes, at a minimum, a study of the
 3459  following items as related to the structural integrity and
 3460  safety of the building:
 3461         a. Roof.
 3462         b. Structure, including load-bearing walls and other
 3463  primary structural members and primary structural systems as
 3464  those terms are defined in s. 627.706.
 3465         c. Fireproofing and fire protection systems.
 3466         d. Plumbing.
 3467         e. Electrical systems.
 3468         f. Waterproofing and exterior painting.
 3469         g. Windows and exterior doors.
 3470         h. Any other item that has a planned deferred maintenance
 3471  expense or replacement cost that exceeds $10,000 and the failure
 3472  to replace or maintain such item negatively affects the items
 3473  listed in sub-subparagraphs a.-g., as determined by the visual
 3474  inspection portion of the structural integrity reserve study.
 3475         2. A structural integrity reserve study is based on a
 3476  visual inspection of the cooperative property. A structural
 3477  integrity reserve study may be performed by any person qualified
 3478  to perform such study. However, the visual inspection portion of
 3479  the structural integrity reserve study must be performed or
 3480  verified by an engineer licensed under chapter 471, an architect
 3481  licensed under chapter 481, or a person certified as a reserve
 3482  specialist or professional reserve analyst by the Community
 3483  Associations Institute or the Association of Professional
 3484  Reserve Analysts.
 3485         3. At a minimum, a structural integrity reserve study must
 3486  identify each item of the cooperative property being visually
 3487  inspected, state the estimated remaining useful life and the
 3488  estimated replacement cost or planned deferred maintenance
 3489  expense of each item of the cooperative property being visually
 3490  inspected, and provide a reserve funding schedule with a
 3491  recommended annual reserve amount that achieves the estimated
 3492  replacement cost or planned deferred maintenance expense of each
 3493  item of cooperative property being visually inspected by the end
 3494  of the estimated remaining useful life of the item. The
 3495  structural integrity reserve study may recommend that reserves
 3496  do not need to be maintained for any item for which an estimate
 3497  of useful life and an estimate of replacement cost cannot be
 3498  determined, or the study may recommend a planned deferred
 3499  maintenance expense amount for such item. The structural
 3500  integrity reserve study may recommend that reserves for
 3501  replacement costs do not need to be maintained for any item with
 3502  an estimated remaining useful life of greater than 25 years, but
 3503  the study may recommend a planned deferred maintenance expense
 3504  amount for such item.
 3505         4. This paragraph does not apply to buildings less than
 3506  three stories in height; single-family, two-family, or three
 3507  family, or four-family dwellings with three or fewer habitable
 3508  stories above ground; any portion or component of a building
 3509  that has not been submitted to the cooperative form of
 3510  ownership; or any portion or component of a building that is
 3511  maintained by a party other than the association.
 3512         5. Before a developer turns over control of an association
 3513  to unit owners other than the developer, the developer must have
 3514  a turnover inspection report in compliance with s. 719.301(4)(p)
 3515  and (q) for each building on the cooperative property that is
 3516  three stories or higher in height.
 3517         6. Associations existing on or before July 1, 2022, which
 3518  are controlled by unit owners other than the developer, must
 3519  have a structural integrity reserve study completed by December
 3520  31, 2024, for each building on the cooperative property that is
 3521  three stories or higher in height. An association that is
 3522  required to complete a milestone inspection on or before
 3523  December 31, 2026, in accordance with s. 553.899 may complete
 3524  the structural integrity reserve study simultaneously with the
 3525  milestone inspection. In no event may the structural integrity
 3526  reserve study be completed after December 31, 2026.
 3527         7. If the milestone inspection required by s. 553.899, or
 3528  an inspection completed for a similar local requirement, was
 3529  performed within the past 5 years and meets the requirements of
 3530  this paragraph, such inspection may be used in place of the
 3531  visual inspection portion of the structural integrity reserve
 3532  study.
 3533         8. If the officers or directors of an association willfully
 3534  and knowingly fail to complete a structural integrity reserve
 3535  study pursuant to this paragraph, such failure is a breach of an
 3536  officer’s and director’s fiduciary relationship to the unit
 3537  owners under s. 719.104(9).
 3538         9.Within 45 days after receiving the structural integrity
 3539  reserve study, the association shall distribute a copy of the
 3540  study to each unit owner or deliver to each unit owner a notice
 3541  that the completed study is available for inspection and copying
 3542  upon a written request. Distribution of a copy of the study or
 3543  notice must be made by United States mail or personal delivery
 3544  at the mailing address, property address, or any other address
 3545  of the owner provided to fulfill the association’s notice
 3546  requirements under this chapter, or by electronic transmission
 3547  to the e-mail address or facsimile number provided to fulfill
 3548  the association’s notice requirements to unit owners who
 3549  previously consented to receive notice by electronic
 3550  transmission.
 3551         Section 29. Section 719.129, Florida Statutes, is amended
 3552  to read:
 3553         719.129 Electronic voting.—The association may conduct
 3554  elections and other unit owner votes through an Internet-based
 3555  online voting system if a unit owner consents, electronically or
 3556  in writing, to online voting and if the following requirements
 3557  are met:
 3558         (1) The association provides each unit owner with:
 3559         (a) A method to authenticate the unit owner’s identity to
 3560  the online voting system.
 3561         (b) For elections of the board, a method to transmit an
 3562  electronic ballot to the online voting system that ensures the
 3563  secrecy and integrity of each ballot.
 3564         (c) A method to confirm, at least 14 days before the voting
 3565  deadline, that the unit owner’s electronic device can
 3566  successfully communicate with the online voting system.
 3567         (2) The association uses an online voting system that is:
 3568         (a) Able to authenticate the unit owner’s identity.
 3569         (b) Able to authenticate the validity of each electronic
 3570  vote to ensure that the vote is not altered in transit.
 3571         (c) Able to transmit a receipt from the online voting
 3572  system to each unit owner who casts an electronic vote.
 3573         (d) For elections of the board of administration, able to
 3574  permanently separate any authentication or identifying
 3575  information from the electronic election ballot, rendering it
 3576  impossible to tie an election ballot to a specific unit owner.
 3577         (e) Able to store and keep electronic votes accessible to
 3578  election officials for recount, inspection, and review purposes.
 3579         (3) A unit owner voting electronically pursuant to this
 3580  section shall be counted as being in attendance at the meeting
 3581  for purposes of determining a quorum. A substantive vote of the
 3582  unit owners may not be taken on any issue other than the issues
 3583  specifically identified in the electronic vote, when a quorum is
 3584  established based on unit owners voting electronically pursuant
 3585  to this section.
 3586         (4) This section applies to an association that provides
 3587  for and authorizes an online voting system pursuant to this
 3588  section by a board resolution. The board resolution must provide
 3589  that unit owners receive notice of the opportunity to vote
 3590  through an online voting system, must establish reasonable
 3591  procedures and deadlines for unit owners to consent,
 3592  electronically or in writing, to online voting, and must
 3593  establish reasonable procedures and deadlines for unit owners to
 3594  opt out of online voting after giving consent. Written notice of
 3595  a meeting at which the resolution will be considered must be
 3596  mailed, delivered, or electronically transmitted to the unit
 3597  owners and posted conspicuously on the condominium property or
 3598  association property at least 14 days before the meeting.
 3599  Evidence of compliance with the 14-day notice requirement must
 3600  be made by an affidavit executed by the person providing the
 3601  notice and filed with the official records of the association.
 3602         (5) A unit owner’s consent to online voting is valid until
 3603  the unit owner opts out of online voting pursuant to the
 3604  procedures established by the board of administration pursuant
 3605  to subsection (4).
 3606         (6) This section may apply to any matter that requires a
 3607  vote of the unit owners who are not members of a timeshare
 3608  cooperative association.
 3609         Section 30. Paragraph (p) of subsection (4) of section
 3610  719.301, Florida Statutes, is amended to read:
 3611         719.301 Transfer of association control.—
 3612         (4) When unit owners other than the developer elect a
 3613  majority of the members of the board of administration of an
 3614  association, the developer shall relinquish control of the
 3615  association, and the unit owners shall accept control.
 3616  Simultaneously, or for the purpose of paragraph (c) not more
 3617  than 90 days thereafter, the developer shall deliver to the
 3618  association, at the developer’s expense, all property of the
 3619  unit owners and of the association held or controlled by the
 3620  developer, including, but not limited to, the following items,
 3621  if applicable, as to each cooperative operated by the
 3622  association:
 3623         (p) Notwithstanding when the certificate of occupancy was
 3624  issued or the height of the building, a turnover inspection
 3625  report included in the official records, under seal of an
 3626  architect or engineer authorized to practice in this state or a
 3627  person certified as a reserve specialist or professional reserve
 3628  analyst by the Community Associations Institute or the
 3629  Association of Professional Reserve Analysts, consisting of a
 3630  structural integrity reserve study attesting to required
 3631  maintenance, condition, useful life, and replacement costs of
 3632  the following applicable cooperative property:
 3633         1. Roof.
 3634         2. Structure, including load-bearing walls and primary
 3635  structural members and primary structural systems as those terms
 3636  are defined in s. 627.706.
 3637         3. Fireproofing and fire protection systems.
 3638         4. Plumbing.
 3639         5. Electrical systems.
 3640         6. Waterproofing and exterior painting.
 3641         7. Windows and exterior doors.
 3642         Section 31. Subsection (1) of section 719.618, Florida
 3643  Statutes, is amended to read:
 3644         719.618 Converter reserve accounts; warranties.—
 3645         (1) When existing improvements are converted to ownership
 3646  as a residential cooperative, the developer shall establish
 3647  planned reserve accounts for capital expenditures and deferred
 3648  maintenance, or give warranties as provided by subsection (6),
 3649  or post a surety bond as provided by subsection (7). The
 3650  developer shall fund the reserve accounts in amounts calculated
 3651  as follows:
 3652         (a)1. When the existing improvements include an air
 3653  conditioning system serving more than one unit or property which
 3654  the association is responsible to repair, maintain, or replace,
 3655  the developer shall fund an air-conditioning reserve account.
 3656  The amount of the reserve account shall be the product of the
 3657  estimated current replacement cost of the system, as disclosed
 3658  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3659  fraction, the numerator of which shall be the lesser of the age
 3660  of the system in years or 9, and the denominator of which shall
 3661  be 10. When such air-conditioning system is within 1,000 yards
 3662  of the seacoast, the numerator shall be the lesser of the age of
 3663  the system in years or 3, and the denominator shall be 4.
 3664         2. The developer shall fund a plumbing reserve account. The
 3665  amount of the funding shall be the product of the estimated
 3666  current replacement cost of the plumbing component, as disclosed
 3667  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3668  fraction, the numerator of which shall be the lesser of the age
 3669  of the plumbing in years or 36, and the denominator of which
 3670  shall be 40.
 3671         3. The developer shall fund a roof reserve account. The
 3672  amount of the funding shall be the product of the estimated
 3673  current replacement cost of the roofing component, as disclosed
 3674  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3675  fraction, the numerator of which shall be the lesser of the age
 3676  of the roof in years or the numerator listed in the following
 3677  table. The denominator of the fraction shall be determined based
 3678  on the roof type, as follows:
 3679  
 3680        Roof Type               Numerator          Denominator      
 3681  a.    Built-up roof without insulation        4                   5           
 3682  b.    Built-up roof with insulation        4                   5           
 3683  c.    Cement tile roof            45                  50          
 3684  d.    Asphalt shingle roof        14                  15          
 3685  e.    Copper roof                                                 
 3686  f.    Wood shingle roof           9                   10          
 3687  g.    All other types             18                  20          
 3688  
 3689  
 3690         (b) The age of any component or structure for which the
 3691  developer is required to fund a reserve account shall be
 3692  measured in years from the later of:
 3693         1. The date when the component or structure was replaced or
 3694  substantially renewed, if the replacement or renewal of the
 3695  component at least met the requirements of the then-applicable
 3696  building code; or
 3697         2. The date when the installation or construction of the
 3698  existing component or structure was completed.
 3699         (c) When the age of a component or structure is to be
 3700  measured from the date of replacement or renewal, the developer
 3701  shall provide the division with a certificate, under the seal of
 3702  an architect or engineer authorized to practice in this state,
 3703  verifying:
 3704         1. The date of the replacement or renewal; and
 3705         2. That the replacement or renewal at least met the
 3706  requirements of the then-applicable building code.
 3707         Section 32. The Division of Florida Condominiums,
 3708  Timeshares, and Mobile Homes of the Department of Business and
 3709  Professional Regulation shall complete a review of the website
 3710  or application requirements for official records under s.
 3711  718.111(12)(g), Florida Statutes, and make recommendations
 3712  regarding any additional official records of a condominium
 3713  association which should be included in the records maintenance
 3714  requirement in the statute. The division shall submit the
 3715  findings of its review to the Governor, the President of the
 3716  Senate, the Speaker of the House of Representatives, and the
 3717  chairs of the legislative appropriations committees and
 3718  appropriate substantive committees with jurisdiction over
 3719  chapter 718, Florida Statutes, by January 1, 2025.
 3720         Section 33. The Division of Florida Condominiums,
 3721  Timeshares, and Mobile Homes of the Department of Business and
 3722  Professional Regulation shall create a database on its website
 3723  of the associations that have reported the completion of their
 3724  structural integrity reserve study under section 718.112(2)(g),
 3725  and under section 719.106(1)(k), by January 1, 2025.
 3726         Section 34. For the 2024-2025 fiscal year, the sums of
 3727  $6,122,390 in recurring and $1,293,879 in nonrecurring funds
 3728  from the General Revenue Fund are appropriated to the Department
 3729  of Business and Professional Regulation, and 65 full-time
 3730  equivalent positions with associated salary rate of 3,180,319
 3731  are authorized, for the purpose of implementing this act.
 3732         Section 35. The amendments made to ss. 718.103(14) and
 3733  718.202(3), Florida Statutes, and the provisions of s.
 3734  718.407(1), (2), and (6), Florida Statutes, are intended to
 3735  clarify existing law and shall apply retroactively; however,
 3736  such amendments do not revive or reinstate any right or interest
 3737  that has been fully and finally adjudicated as invalid before
 3738  October 1, 2024.
 3739         Section 36. The Florida Building Commission shall perform a
 3740  study on standards to prevent water intrusion through the tracks
 3741  of sliding glass doors, including the consideration of devises
 3742  designed to further prevent such water intrusion. The commission
 3743  must provide a written report of any recommendations to the
 3744  Governor, the President of the Senate, the Speaker of the House
 3745  of Representatives, and the chairs of the legislative
 3746  appropriations committees and appropriate substantive committees
 3747  with jurisdiction over chapter 718, Florida Statutes, by
 3748  December 1, 2024.
 3749         Section 37. Except as otherwise expressly provided in this
 3750  act, this act shall take effect July 1, 2024.
 3751  
 3752  ================= T I T L E  A M E N D M E N T ================
 3753  And the title is amended as follows:
 3754         Delete everything before the enacting clause
 3755  and insert:
 3756                        A bill to be entitled                      
 3757         An act relating to community associations; amending s.
 3758         468.4334, F.S.; requiring community associations to
 3759         return official records of an association within a
 3760         specified period following termination of a contract;
 3761         specifying the manner of delivery for the notice of
 3762         termination; authorizing the manager or management
 3763         firm to retain records for a specified purpose within
 3764         a specified timeframe; relieving a manager or
 3765         management firm from responsibility if the association
 3766         fails to provide access to the records necessary to
 3767         complete an ending financial statement or report;
 3768         providing a rebuttable presumption regarding
 3769         noncompliance; providing penalties for the failure to
 3770         timely return official records; providing
 3771         applicability; creating s. 468.4335, F.S.; requiring
 3772         community association managers and management firms to
 3773         provide a written disclosure of certain conflicts of
 3774         interest to the association’s board; providing a
 3775         rebuttable presumption as to the existence of a
 3776         conflict; requiring an association to solicit multiple
 3777         bids for goods or services under certain
 3778         circumstances; providing requirements for an
 3779         association to approve any contract or transaction
 3780         deemed a conflict of interest; authorizing the
 3781         cancellation of a management contract, subject to
 3782         certain requirements; specifying liability and
 3783         nonliability of the association upon cancellation of
 3784         such a contract; authorizing an association to void
 3785         certain contracts if certain conflicts were not
 3786         disclosed in accordance with the act; defining the
 3787         term “relative”; amending s. 468.436, F.S.; revising
 3788         the list of grounds for which the Department of
 3789         Business and Professional Regulation may take
 3790         disciplinary actions against community association
 3791         managers or firms, to conform to changes made by the
 3792         act; amending s. 553.899, F.S.; revising
 3793         applicability; amending s. 718.103, F.S.; revising and
 3794         defining terms; amending s. 718.104, F.S.; revising
 3795         what must be included in a declaration; requiring that
 3796         declarations specify the entity responsible for the
 3797         installation, maintenance, repair, or replacement of
 3798         hurricane protection; amending s. 718.111, F.S.;
 3799         defining the term “kickback”; providing criminal
 3800         penalties for any officer, director, or manager of an
 3801         association who knowingly solicits, offers to accept,
 3802         or accepts a kickback; requiring the Division of
 3803         Florida Condominiums, Timeshares, and Mobile Homes to
 3804         monitor compliance and issue fines and penalties for
 3805         failure of an association to maintain the required
 3806         insurance policy or fidelity bonding; revising the
 3807         list of records that constitute the official records
 3808         of an association; revising maintenance requirements
 3809         for official records; revising requirements regarding
 3810         requests to inspect or copy association records;
 3811         requiring an association to provide a checklist in
 3812         response to certain records requests; providing a
 3813         rebuttable presumption regarding compliance; providing
 3814         criminal penalties for certain violations regarding
 3815         noncompliance with records requirements; defining the
 3816         term “repeatedly”; requiring that copies of certain
 3817         building permits be posted on an association’s website
 3818         or application; modifying the method of delivery of
 3819         certain letters regarding association financial
 3820         reports to unit owners; conforming a provision to
 3821         changes made by the act; revising circumstances under
 3822         which an association may prepare certain reports;
 3823         revising applicable law for criminal penalties for
 3824         persons who unlawfully use a debit card issued in the
 3825         name of an association; defining the term “lawful
 3826         obligation of the association”; revising the threshold
 3827         for associations that must post certain documents on
 3828         their websites or through an application; amending s.
 3829         718.112, F.S.; requiring the boards of administration
 3830         of associations consisting of more than a specified
 3831         number of units to meet a minimum number of times each
 3832         quarter; revising requirements regarding notice of
 3833         such meetings; requiring a director of a board of an
 3834         association to provide a written certification and
 3835         complete an educational requirement upon election or
 3836         appointment to the board; specifying requirements for
 3837         the education curriculum; requiring the association to
 3838         bear the costs of the required educational curriculum
 3839         and certificate; providing transitional provisions;
 3840         requiring that an association’s budget include reserve
 3841         amounts for planned maintenance, rather than for
 3842         deferred maintenance; providing that, upon a
 3843         determination by a specified local building official
 3844         that an entire condominium building is uninhabitable
 3845         due to a natural emergency, the board, upon the
 3846         approval of a majority of its members, may pause
 3847         contribution to reserves or reduce reserve funding for
 3848         a specified period of time; authorizing an association
 3849         to expend any reserve accounts held by the association
 3850         to make the building and its structures habitable;
 3851         requiring the association to immediately resume
 3852         contributing funds to its reserve once the local
 3853         building official determines the building and its
 3854         structures are habitable; providing that a
 3855         condominium’s structural integrity reserve study may
 3856         recommend a temporary pause in reserve funding under
 3857         certain circumstances; revising applicability;
 3858         requiring an association to distribute copies of a
 3859         structural integrity reserve study to unit owners or
 3860         deliver a certain notice to them within a specified
 3861         timeframe; specifying the manner of distribution or
 3862         delivery; requiring the association to provide the
 3863         division with a statement indicating specific
 3864         information within a specified timeframe after
 3865         receiving the structural integrity reserve study;
 3866         revising the circumstances under which a director or
 3867         an officer must be removed from office after being
 3868         charged by information or indictment; prohibiting such
 3869         officers and directors with pending criminal charges
 3870         from accessing the official records of any
 3871         association; providing an exception; providing
 3872         criminal penalties for certain fraudulent voting
 3873         activities relating to association elections;
 3874         requiring any person charged to be removed from office
 3875         and a vacancy be declared; amending s. 718.113, F.S.;
 3876         providing applicability; authorizing, rather than
 3877         requiring, certain hurricane protection
 3878         specifications; specifying that certain actions are
 3879         not material alterations or substantial additions;
 3880         authorizing the boards of residential and mixed-use
 3881         condominiums to install or require the unit owners to
 3882         install hurricane protection; requiring a vote of the
 3883         unit owners for the installation of hurricane
 3884         protection; requiring that such vote be attested to in
 3885         a certificate and recorded in certain public records;
 3886         providing requirements for such certificate; providing
 3887         that the validity or enforceability of a vote of the
 3888         unit owners is not affected if the board fails to
 3889         record a certificate or send a copy of the recorded
 3890         certificate to the unit owners; providing that a vote
 3891         of the unit owners is not required under certain
 3892         circumstances; prohibiting installation of the same
 3893         type of hurricane protection previously installed;
 3894         providing exceptions; prohibiting the boards of
 3895         residential and mixed-use condominiums from refusing
 3896         to approve certain hurricane protections; authorizing
 3897         the board to require owners to adhere to certain
 3898         guidelines regarding the external appearance of a
 3899         condominium; revising responsibility for the cost of
 3900         removal or reinstallation of hurricane protection and
 3901         certain exterior windows, doors, or apertures in
 3902         certain circumstances; requiring the board to make a
 3903         certain determination; providing that costs incurred
 3904         by the association in connection with such removal or
 3905         reinstallation completed by the association may not be
 3906         charged to the unit owner; requiring reimbursement of
 3907         the unit owner, or application of a credit toward
 3908         future assessments, in certain circumstances;
 3909         authorizing the association to collect charges if the
 3910         association removes or installs hurricane protection
 3911         and making such charges enforceable as an assessment;
 3912         amending s. 718.115, F.S.; specifying when the cost of
 3913         installation of hurricane protection is not a common
 3914         expense; authorizing certain expenses to be
 3915         enforceable as assessments; requiring that certain
 3916         unit owners be excused from certain assessments or
 3917         receive a credit for hurricane protection that has
 3918         been installed; providing credit applicability under
 3919         certain circumstances; providing for the amount of
 3920         credit that a unit owner must receive; specifying that
 3921         certain expenses are common expenses; amending s.
 3922         718.121, F.S.; conforming a cross-reference; amending
 3923         s. 718.1224, F.S.; revising legislative findings and
 3924         intent to conform to changes made by the act; revising
 3925         the definition of the term “governmental entity”;
 3926         prohibiting a condominium association from filing
 3927         strategic lawsuits against public participation;
 3928         prohibiting an association from taking certain action
 3929         against a unit owner in response to specified conduct;
 3930         prohibiting associations from expending association
 3931         funds in support of certain actions against a unit
 3932         owner; conforming provisions to changes made by the
 3933         act; amending s. 718.128, F.S.; authorizing a
 3934         condominium association to conduct elections and other
 3935         unit owner votes through an online voting system if a
 3936         unit owner consents, either electronically or in
 3937         writing, to online voting; revising applicability;
 3938         amending s. 718.202, F.S.; authorizing the director of
 3939         the Division of Florida Condominiums, Timeshares, and
 3940         Mobile Homes to accept certain assurances in lieu of a
 3941         specified percentage of the sale price; authorizing a
 3942         developer to deliver a surety bond or an irrevocable
 3943         letter of credit in an amount equivalent to a certain
 3944         percentage of the sale price; conforming provisions to
 3945         changes made by the act; making technical changes;
 3946         amending s. 718.301, F.S.; revising items that
 3947         developers are required to deliver to an association
 3948         upon relinquishing control of the association;
 3949         amending s. 718.3027, F.S.; revising requirements
 3950         regarding attendance at a board meeting in the event
 3951         of a conflict of interest; modifying circumstances
 3952         under which a contract may be voided; amending s.
 3953         718.303, F.S.; requiring that a notice of nonpayment
 3954         be provided to a unit owner by a specified time before
 3955         an election; creating s. 718.407, F.S.; providing that
 3956         a condominium may be created within a portion of a
 3957         building or within a multiple parcel building;
 3958         providing for the common elements of such condominium;
 3959         providing requirements for the declaration of
 3960         condominium and other recorded instruments;
 3961         authorizing an association to inspect and copy certain
 3962         books and records and to receive an annual budget;
 3963         requiring that a specified statement be included in a
 3964         contract for the sale of a unit of the condominium;
 3965         providing that a multiple parcel building is not a
 3966         subdivision of land if the land is not subdivided;
 3967         amending s. 718.501, F.S.; revising circumstances
 3968         under which the Division of Florida Condominiums,
 3969         Timeshares, and Mobile Homes has jurisdiction to
 3970         investigate and enforce certain matters; requiring the
 3971         division to provide official records, without charge,
 3972         to a unit owner denied access to such records;
 3973         authorizing the division to issue citations and
 3974         promulgate rules for such issuance; requiring the
 3975         division to provide division-approved providers with
 3976         the template certificate for issuance directly to the
 3977         association; requiring the division to adopt rules
 3978         related to the approval of educational curriculum
 3979         providers; requiring the division to refer suspected
 3980         criminal acts to the appropriate law enforcement
 3981         authority; authorizing certain division officials to
 3982         attend association meetings; authorizing the division
 3983         to access the association’s website to investigate
 3984         complaints made regarding access to official records
 3985         on the association’s website and to develop rules for
 3986         such access; specifying requirements for the annual
 3987         certification; requiring an association to explain on
 3988         the certification the reasons any certification
 3989         requirements have not been met; requiring an
 3990         association to complete the certifications within a
 3991         specified timeframe; requiring the association to
 3992         notify the division when the certification is
 3993         completed; providing applicability; conforming a
 3994         provision to changes made by the act; amending s.
 3995         718.5011, F.S.; specifying that the secretary of the
 3996         Department of Business and Professional Regulation,
 3997         rather than the Governor, shall appoint the
 3998         condominium ombudsman; amending ss. 718.503 and
 3999         718.504, F.S.; requiring certain persons to provide
 4000         specified disclosures to purchasers under certain
 4001         circumstances; making technical changes; providing for
 4002         retroactive applicability; amending s. 718.618, F.S.;
 4003         conforming a provision to changes made by the act;
 4004         amending s. 719.106, F.S.; requiring that a
 4005         cooperative association’s budget include reserve
 4006         amounts for planned maintenance, rather than for
 4007         deferred maintenance; providing an exception for
 4008         certain associations to complete a structural
 4009         integrity reserve study by a certain date; requiring
 4010         an association to distribute copies of a structural
 4011         integrity reserve study to unit owners or deliver a
 4012         certain notice to them within a specified timeframe;
 4013         specifying the manner of distribution or delivery;
 4014         conforming provisions to changes made by the act;
 4015         amending s. 719.129, F.S.; authorizing cooperative
 4016         associations to conduct elections and other unit owner
 4017         votes through an online voting system if a unit owner
 4018         consents, either electronically or in writing, to
 4019         online voting; revising applicability; amending s.
 4020         719.301, F.S.; revising items that developers are
 4021         required to deliver to a cooperative association upon
 4022         relinquishing control of association property;
 4023         amending s. 719.618, F.S.; conforming a provision to
 4024         changes made by the act; requiring the division to
 4025         conduct a review of statutory requirements regarding
 4026         posting of official records on a condominium
 4027         association’s website or application; requiring the
 4028         division to submit its findings, including any
 4029         recommendations, to the Governor and the Legislature
 4030         by a specified date; providing for retroactive
 4031         applicability; requiring the division to create a
 4032         database on its website of the associations that have
 4033         reported the completion of their structural integrity
 4034         reserve study by a specified date; providing an
 4035         appropriation; providing construction; requiring the
 4036         Florida Building Commission to perform a study on
 4037         standards to prevent water intrusion through the
 4038         tracks of sliding glass doors; requiring the
 4039         commission to provide a written report of such a study
 4040         to the Governor and Legislature by a specified date;
 4041         providing effective dates.