Florida Senate - 2024                             CS for SB 1178
       
       
        
       By the Committee on Regulated Industries; and Senators Bradley,
       Pizzo, and Osgood
       
       
       
       
       580-02351-24                                          20241178c1
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         468.4334, F.S.; requiring community associations or
    4         successor community association managers and
    5         management firms to return official records of an
    6         association within a specified period following
    7         termination of a contract; specifying the manner of
    8         delivery for the notice of termination; authorizing
    9         the manager to retain records for a specified purpose
   10         within a specified timeframe; relieving a manager from
   11         responsibility if the association fails to provide
   12         access to the records necessary to complete an ending
   13         financial statement or report; providing a rebuttable
   14         presumption regarding noncompliance; providing
   15         penalties for the failure to timely return official
   16         records; creating s. 468.4335, F.S.; requiring
   17         community association managers and management firms to
   18         provide a written disclosure of certain conflicts of
   19         interest to the association’s board; providing a
   20         rebuttable presumption as to the existence of a
   21         conflict; requiring an association to solicit multiple
   22         competitive bids for goods or services under certain
   23         circumstances; providing requirements for an
   24         association to approve any contract or transaction
   25         deemed a conflict of interest; authorizing that any
   26         such contract may be canceled, subject to certain
   27         requirements; specifying liability and nonliability of
   28         the association upon cancellation of such a contract;
   29         authorizing an association to cancel a contract with a
   30         community association manager or management firm upon
   31         a finding of a violation of certain provisions;
   32         specifying liability and nonliability of the
   33         association upon cancellation of such a contract;
   34         authorizing an association to void certain contracts
   35         if certain conflicts were not disclosed in accordance
   36         with the act; defining the term “relative”; providing
   37         applicability amending s. 468.436, F.S.; revising the
   38         list of grounds for which the Department of Business
   39         and Professional Regulation may take disciplinary
   40         actions against community association managers or
   41         firms to conform to changes made by the act; amending
   42         s. 718.103, F.S.; revising the definition of the term
   43         “alternative funding method” to conform to changes
   44         made by the act; defining the term “hurricane
   45         protection”; amending s. 718.104, F.S.; requiring that
   46         declarations specify the entity responsible for the
   47         installation, maintenance, repair, or replacement of
   48         hurricane protection; amending s. 718.111, F.S.;
   49         providing criminal penalties for any officer,
   50         director, or manager of an association who unlawfully
   51         solicits, offers to accept, or accepts any thing or
   52         service of value or kickback; requiring any officer,
   53         director, or manager of an association be removed from
   54         office for such solicitations or kickbacks; revising
   55         the list of records that constitute the official
   56         records of an association; revising maintenance
   57         requirements for official records; revising
   58         requirements regarding requests to inspect or copy
   59         association records; requiring an association to
   60         provide a checklist in response to certain records
   61         requests; providing a rebuttable presumption regarding
   62         compliance; providing criminal penalties for certain
   63         violations regarding noncompliance with records
   64         requirements; requiring a member of the board or
   65         association be removed from office for noncompliance
   66         with records requirements; requiring the officer be
   67         removed and a vacancy declared; defining the term
   68         “repeatedly”; requiring that copies of certain
   69         building permits be posted on an association’s website
   70         or application; modifying the method of delivery of
   71         certain letters regarding association financial
   72         reports to unit owners; conforming a provision to
   73         changes made by the act; revising circumstances under
   74         which an association may prepare certain reports;
   75         requiring an association to prepare certain financial
   76         statements if it invests funds in a certain manner;
   77         revising applicable law for criminal penalties for
   78         persons who unlawfully use a debit card issued in the
   79         name of an association; defining the term “lawful
   80         obligation of the association”; providing requirements
   81         for associations investing funds in certain investment
   82         products; providing duties of the board and any
   83         investment adviser selected by the board; revising the
   84         threshold for associations that must post certain
   85         documents on its website or through an application;
   86         amending s. 718.112, F.S.; requiring the boards of
   87         administration of associations consisting of more than
   88         a specified number of units to meet a minimum number
   89         of times each quarter; revising requirements regarding
   90         notice of such meetings; requiring a director of a
   91         board of an association to provide a written
   92         certification and complete an educational requirement
   93         upon election or appointment to the board; providing
   94         transitional provisions; requiring that an
   95         association’s budget include reserve amounts for
   96         planned maintenance, in lieu of deferred maintenance;
   97         authorizing the structural integrity reserve study to
   98         temporarily pause or limit reserve funding if certain
   99         conditions exist; providing an exception for certain
  100         associations to complete a structural integrity
  101         reserve study by a certain date; requiring an
  102         association to distribute or deliver copies of a
  103         structural integrity reserve study to unit owners
  104         within a specified timeframe; specifying the manner of
  105         distribution or delivery; authorizing certain boards
  106         to approve contingent special assessments in order to
  107         secure a line of credit under certain circumstances;
  108         specifying requirements and limitations for any line
  109         of credit secured; revising the circumstances under
  110         which a director or an officer must be removed from
  111         office after being charged by information or
  112         indictment; prohibiting such officers and directors
  113         with pending criminal charges from accessing the
  114         official records of any association; providing an
  115         exception; providing criminal penalties for certain
  116         fraudulent voting activities relating to association
  117         elections; requiring any person charged to be removed
  118         from office and a vacancy be declared; amending s.
  119         718.113, F.S.; providing applicability; authorizing,
  120         rather than requiring, certain hurricane protection
  121         specifications; specifying that certain actions are
  122         not material alterations or substantial additions;
  123         authorizing the boards of residential and mixed-use
  124         condominiums to install or require the unit owners to
  125         install hurricane protection; requiring a vote of the
  126         unit owners for the installation of hurricane
  127         protection; requiring that such vote be attested to in
  128         a certificate and recorded in certain public records;
  129         providing requirements for such certificate; providing
  130         that the validity or enforceability of a vote of the
  131         unit owners is not affected if the board fails to
  132         record a certificate or send a copy of the recorded
  133         certificate to the unit owners; providing that a vote
  134         of the unit owners is not required under certain
  135         circumstances; prohibiting installation of the same
  136         type of hurricane protection previously installed;
  137         providing exceptions; prohibiting the boards of
  138         residential and mixed-use condominiums from refusing
  139         to approve certain hurricane protections; authorizing
  140         the board to require owners to adhere to certain
  141         guidelines regarding the external appearance of a
  142         condominium; revising responsibility for the cost of
  143         removal or reinstallation of hurricane protection and
  144         certain exterior windows, doors, or apertures in
  145         certain circumstances; requiring the board to make a
  146         certain determination; providing that costs incurred
  147         by the association in connection with such removal or
  148         installation completed by the association may not be
  149         charged to the unit owner; requiring reimbursement of
  150         the unit owner, or application of a credit toward
  151         future assessments, in certain circumstances;
  152         authorizing the association to collect charges if the
  153         association removes or installs hurricane protection
  154         and making such charges enforceable as an assessment;
  155         amending s. 718.115, F.S.; specifying when the cost of
  156         installation of hurricane protection is not a common
  157         expense; authorizing certain expenses to be
  158         enforceable as assessments; requiring that certain
  159         unit owners be excused from certain assessments or to
  160         receive a credit for hurricane protection that has
  161         been installed; providing credit applicability under
  162         certain circumstances; providing for the amount of
  163         credit that a unit owner must receive; specifying that
  164         certain expenses are common expenses; amending s.
  165         718.116, F.S.; revising the itemized lists of certain
  166         assessments and lines of credit for special
  167         assessments imposed to be included in an estoppel
  168         certificate; conforming a cross-reference; amending s.
  169         718.121, F.S.; conforming a cross-reference; amending
  170         s. 718.1224, F.S.; revising legislative findings and
  171         intent to conform to changes made by the act; revising
  172         the definition of the term “governmental entity”;
  173         prohibiting a condominium association from filing
  174         strategic lawsuits against public participation;
  175         prohibiting an association from taking certain action
  176         against a unit owner in response to specified conduct;
  177         prohibiting associations from expending association
  178         funds in support of certain actions against a unit
  179         owner; conforming provisions to changes made by the
  180         act; amending s. 718.128, F.S.; authorizing a
  181         condominium association to conduct elections and other
  182         unit owner votes through an online voting system if a
  183         unit owner consents, either electronically or in
  184         writing, to online voting; revising applicability;
  185         amending s. 718.301, F.S.; revising items that
  186         developers are required to deliver to an association
  187         upon relinquishing control of the association;
  188         amending s. 718.3026, F.S.; exempting contracts for
  189         registered investment advisers from certain contract
  190         requirements; amending s. 718.3027, F.S.; revising
  191         requirements regarding attendance at a board meeting
  192         in the event of a conflict of interest; modifying
  193         circumstances under which a contract may be voided;
  194         amending s. 718.303, F.S.; requiring that a notice of
  195         nonpayment be provided to a unit owner by a specified
  196         time before an election; amending s. 718.501, F.S.;
  197         revising circumstances under which the Division of
  198         Florida Condominiums, Timeshares, and Mobile Homes has
  199         jurisdiction to investigate and enforce certain
  200         matters; requiring the division to provide official
  201         records, without charge, to a unit owner denied
  202         access; requiring the division to provide educational
  203         curriculum and issue a certificate, free of charge, to
  204         directors of a board of administration; requiring the
  205         division to refer suspected criminal acts to the
  206         appropriate law enforcement authority; authorizing
  207         certain division officials to attend association
  208         meetings; requiring the division to conduct random
  209         audits of associations for specified purposes;
  210         requiring that an association’s annual fee be filed
  211         concurrently with the annual certification; specifying
  212         requirements for the annual certification; amending s.
  213         718.618, F.S.; conforming a provision to changes made
  214         by the act; amending s. 719.106, F.S.; requiring that
  215         a cooperative association’s budget include reserve
  216         amounts for planned maintenance, in lieu of deferred
  217         maintenance; providing an exception for certain
  218         associations to complete a structural integrity
  219         reserve study by a certain date; requiring an
  220         association to distribute or deliver copies of a
  221         structural integrity reserve study to unit owners
  222         within a specified timeframe; specifying the manner of
  223         distribution or delivery; conforming provisions to
  224         changes made by the act; amending s. 719.129, F.S.;
  225         authorizing cooperative associations to conduct
  226         elections and other unit owner votes through an online
  227         voting system if a unit owner consents, either
  228         electronically or in writing, to online voting;
  229         revising applicability; amending s. 719.301, F.S.;
  230         revising items that developers are required to deliver
  231         to a cooperative association upon relinquishing
  232         control of association property; amending s. 719.618,
  233         F.S.; conforming a provision to changes made by the
  234         act; requiring the division to conduct a review of
  235         statutory requirements regarding posting of official
  236         records on a condominium association’s website or
  237         application; requiring the division to submit its
  238         findings, including any recommendations, to the
  239         Governor and the Legislature by a specified date;
  240         providing effective dates.
  241          
  242  Be It Enacted by the Legislature of the State of Florida:
  243  
  244         Section 1. Subsection (3) is added to section 468.4334,
  245  Florida Statutes, to read:
  246         468.4334 Professional practice standards; liability.—
  247         (3) A community association manager or a community
  248  association management firm shall return all community
  249  association official records within its possession to the
  250  community association or successor community association manager
  251  or community association management firm within 20 business days
  252  after termination of a contractual agreement to provide
  253  community association management services to the community
  254  association or receipt of a written request for return of the
  255  official records, whichever occurs first. The notice of
  256  termination must be sent by certified mail, return receipt
  257  requested, or in the manner required under the management
  258  services contract. The manager may retain, for up to 20 business
  259  days, those records necessary to complete an ending financial
  260  statement or report. Failure of the association to provide
  261  access or retention of accounting records to prepare the
  262  statement or report shall relieve the manager of any further
  263  responsibility or liability for preparation of the statement or
  264  report. Failure of a community association manager or a
  265  community association management firm to timely return all of
  266  the official records within its possession to the community
  267  association creates a rebuttable presumption that the community
  268  association manager or a community association management firm
  269  willfully failed to comply with this subsection. A community
  270  association manager or a community association management firm
  271  that fails to timely return community association records is
  272  subject to suspension of its license under s. 468.436, and a
  273  civil penalty of $1,000 per day for up to 10 days, assessed
  274  beginning on the 21st business day after termination of a
  275  contractual agreement to provide community association
  276  management services to the community association or receipt of a
  277  written request from the association for return of the records,
  278  whichever occurs first.
  279         Section 2. Section 468.4335, Florida Statutes, is created
  280  to read:
  281         468.4335 Conflicts of interest.—
  282         (1) A community association manager or a community
  283  association management firm, including directors, officers,
  284  persons with a financial interest in a community association
  285  management firm, and the relatives of such persons, must provide
  286  a written disclosure to the board any activity that may
  287  reasonably be construed to be a conflict of interest. A
  288  rebuttable presumption of a conflict of interest exists if any
  289  of the following occurs without prior notice, as required in
  290  subsection (5):
  291         (a) A community association manager or a community
  292  association management firm, including directors, officers,
  293  persons with a financial interest in a community association
  294  management firm, or the relative of such persons, enters into a
  295  contract with the association for goods or services, other than
  296  community association management services.
  297         (b) A community association manager or a community
  298  association management firm, including directors, officers,
  299  persons with a financial interest in a community association
  300  management firm, or the relative of such persons, holds an
  301  interest in a corporation, limited liability corporation,
  302  partnership, limited liability partnership, or other business
  303  entity that conducts business with the association or proposes
  304  to enter into a contract or other transaction with the
  305  association.
  306         (2) If the association receives and considers a bid to
  307  provide a good or service, other than community association
  308  management services, from a community association manager or a
  309  community association management firm, including directors,
  310  officers, persons with a financial interest in a community
  311  association management firm, or a relative of such persons, the
  312  association must also solicit multiple competitive bids from
  313  other third-party providers of such good or service.
  314         (3) If a community association manager or a community
  315  association management firm, including directors, officers,
  316  persons with a financial interest in a community association
  317  management firm, or the relative of such persons, proposes to
  318  engage in an activity that is a conflict of interest as
  319  described in subsection (1), the proposed activity must be
  320  listed on, and all contracts and transactional documents related
  321  to the proposed activity must be attached to, the meeting
  322  agenda. The disclosures must be entered into the written minutes
  323  of the meeting. Approval of any contract or other transaction
  324  requires an affirmative vote of two-thirds of all directors
  325  present. At the next regular or special meeting of the members,
  326  the existence of any contract or other transaction must be
  327  disclosed to the members.
  328         (4) If the board finds that a community association manager
  329  or a community association management firm, including directors,
  330  officers, persons with a financial interest in a community
  331  association management firm, or the relative of such persons,
  332  has violated this section, the association may cancel its
  333  community association management contract with the community
  334  association manager or the community association management
  335  firm. If the contract is canceled, the association is liable
  336  only for the reasonable value of the management services
  337  provided up to the time of cancellation and is not liable for
  338  any termination fee, liquidated damages, or other form of
  339  penalty for such cancellation.
  340         (5) If an association enters into a contract, other than a
  341  contract for community association management services, with a
  342  community association manager or a community association
  343  management firm, including directors, officers, persons with a
  344  financial interest in a community association management firm,
  345  or the relative of such persons, which is a party to or has an
  346  interest in an activity that is a possible conflict of interest
  347  as described in subsection (1) and that activity has not been
  348  properly disclosed as a conflict of interest or potential
  349  conflict of interest as required by this section, the contract
  350  is voidable and terminates upon the association filing a written
  351  notice terminating the contract.
  352         (6) As used in this section, the term “relative” means a
  353  relative within the third degree of consanguinity by blood or
  354  marriage.
  355         (7) The procedures in subsections (2), (3), and (4) do not
  356  apply to any activities or the provision of goods and services
  357  that are disclosed in the management services contract as a
  358  conflict of interest within the meaning of subsection (1).
  359         Section 3. Paragraph (b) of subsection (2) of section
  360  468.436, Florida Statutes, is amended to read:
  361         468.436 Disciplinary proceedings.—
  362         (2) The following acts constitute grounds for which the
  363  disciplinary actions in subsection (4) may be taken:
  364         (b)1. Violation of any provision of this part.
  365         2. Violation of any lawful order or rule rendered or
  366  adopted by the department or the council.
  367         3. Being convicted of or pleading nolo contendere to a
  368  felony in any court in the United States.
  369         4. Obtaining a license or certification or any other order,
  370  ruling, or authorization by means of fraud, misrepresentation,
  371  or concealment of material facts.
  372         5. Committing acts of gross misconduct or gross negligence
  373  in connection with the profession.
  374         6. Contracting, on behalf of an association, with any
  375  entity in which the licensee has a financial interest that is
  376  not disclosed.
  377         7. Failing to disclose any conflict of interest as required
  378  by s. 468.4335.
  379         8. Violating any provision of chapter 718, chapter 719, or
  380  chapter 720 during the course of performing community
  381  association management services pursuant to a contract with a
  382  community association as defined in s. 468.431(1).
  383         Section 4. Present subsections (19) through (32) of section
  384  718.103, Florida Statutes, are redesignated as subsections (20)
  385  through (33), respectively, a new subsection (19) is added to
  386  that section, and subsection (1) of that section is amended, to
  387  read:
  388         718.103 Definitions.—As used in this chapter, the term:
  389         (1) “Alternative funding method” means a method approved by
  390  the division for funding the capital expenditures and planned
  391  deferred maintenance obligations for a multicondominium
  392  association operating at least 25 condominiums which may
  393  reasonably be expected to fully satisfy the association’s
  394  reserve funding obligations by the allocation of funds in the
  395  annual operating budget.
  396         (19) “Hurricane protection” means hurricane shutters,
  397  impact glass, code-compliant windows or doors, and other code
  398  compliant hurricane protection products used to preserve and
  399  protect the condominium property or association property.
  400         Section 5. Paragraph (p) is added to subsection (4) of
  401  section 718.104, Florida Statutes, to read:
  402         718.104 Creation of condominiums; contents of declaration.
  403  Every condominium created in this state shall be created
  404  pursuant to this chapter.
  405         (4) The declaration must contain or provide for the
  406  following matters:
  407         (p) For both residential condominiums and mixed-use
  408  condominiums, a statement that specifies whether the unit owner
  409  or the association is responsible for the installation,
  410  maintenance, repair, or replacement of hurricane protection that
  411  is for the preservation and protection of the condominium
  412  property and association property.
  413         Section 6. Paragraph (a) of subsection (1) and subsections
  414  (12), (13), and (15) of section 718.111, Florida Statutes, are
  415  amended, and subsection (16) is added to that section, to read:
  416         718.111 The association.—
  417         (1) CORPORATE ENTITY.—
  418         (a) The operation of the condominium shall be by the
  419  association, which must be a Florida corporation for profit or a
  420  Florida corporation not for profit. However, any association
  421  which was in existence on January 1, 1977, need not be
  422  incorporated. The owners of units shall be shareholders or
  423  members of the association. The officers and directors of the
  424  association have a fiduciary relationship to the unit owners. It
  425  is the intent of the Legislature that nothing in this paragraph
  426  shall be construed as providing for or removing a requirement of
  427  a fiduciary relationship between any manager employed by the
  428  association and the unit owners. An officer, director, or
  429  manager may not solicit, offer to accept, or accept any thing or
  430  service of value or kickback for which consideration has not
  431  been provided for his or her own benefit or that of his or her
  432  immediate family, from any person providing or proposing to
  433  provide goods or services to the association. Any such officer,
  434  director, or manager who knowingly so solicits, offers to
  435  accept, or accepts any thing or service of value or kickback,
  436  for which consideration has not been provided for his or her own
  437  benefit or that of his or her immediate family, from any person
  438  providing or proposing to provide goods or services to the
  439  association commits a felony of the third degree, punishable as
  440  provided in s. 775.082, s. 775.083, or s. 775.084, shall be
  441  deemed removed from office and a vacancy declared, and is
  442  subject to a civil penalty pursuant to s. 718.501(1)(d) and, if
  443  applicable, a criminal penalty as provided in paragraph (d).
  444  However, this paragraph does not prohibit an officer, director,
  445  or manager from accepting services or items received in
  446  connection with trade fairs or education programs. An
  447  association may operate more than one condominium.
  448         (12) OFFICIAL RECORDS.—
  449         (a) From the inception of the association, the association
  450  shall maintain each of the following items, if applicable, which
  451  constitutes the official records of the association:
  452         1. A copy of the plans, permits, warranties, and other
  453  items provided by the developer under s. 718.301(4).
  454         2. A photocopy of the recorded declaration of condominium
  455  of each condominium operated by the association and each
  456  amendment to each declaration.
  457         3. A photocopy of the recorded bylaws of the association
  458  and each amendment to the bylaws.
  459         4. A certified copy of the articles of incorporation of the
  460  association, or other documents creating the association, and
  461  each amendment thereto.
  462         5. A copy of the current rules of the association.
  463         6. A book or books that contain the minutes of all meetings
  464  of the association, the board of administration, and the unit
  465  owners.
  466         7. A current roster of all unit owners and their mailing
  467  addresses, unit identifications, voting certifications, and, if
  468  known, telephone numbers. The association shall also maintain
  469  the e-mail addresses and facsimile numbers of unit owners
  470  consenting to receive notice by electronic transmission. The e
  471  mail addresses and facsimile numbers are not accessible to unit
  472  owners if consent to receive notice by electronic transmission
  473  is not provided in accordance with sub-subparagraph (c)5.e.
  474  (c)3.e. However, the association is not liable for an
  475  inadvertent disclosure of the e-mail address or facsimile number
  476  for receiving electronic transmission of notices.
  477         8. All current insurance policies of the association and
  478  condominiums operated by the association.
  479         9. A current copy of any management agreement, lease, or
  480  other contract to which the association is a party or under
  481  which the association or the unit owners have an obligation or
  482  responsibility.
  483         10. Bills of sale or transfer for all property owned by the
  484  association.
  485         11. Accounting records for the association and separate
  486  accounting records for each condominium that the association
  487  operates. Any person who knowingly or intentionally defaces or
  488  destroys such records, or who knowingly or intentionally fails
  489  to create or maintain such records, with the intent of causing
  490  harm to the association or one or more of its members, is
  491  personally subject to a civil penalty pursuant to s.
  492  718.501(1)(d). The accounting records must include, but are not
  493  limited to:
  494         a. Accurate, itemized, and detailed records of all receipts
  495  and expenditures.
  496         b. All invoices, transaction receipts, or deposit slips
  497  that substantiate any receipt or expenditure of funds by the
  498  association.
  499         c. A current account and a monthly, bimonthly, or quarterly
  500  statement of the account for each unit designating the name of
  501  the unit owner, the due date and amount of each assessment, the
  502  amount paid on the account, and the balance due.
  503         d.c. All audits, reviews, accounting statements, structural
  504  integrity reserve studies, and financial reports of the
  505  association or condominium. Structural integrity reserve studies
  506  must be maintained for at least 15 years after the study is
  507  completed.
  508         e.d. All contracts for work to be performed. Bids for work
  509  to be performed are also considered official records and must be
  510  maintained by the association for at least 1 year after receipt
  511  of the bid.
  512         12. Ballots, sign-in sheets, voting proxies, and all other
  513  papers and electronic records relating to voting by unit owners,
  514  which must be maintained for 1 year from the date of the
  515  election, vote, or meeting to which the document relates,
  516  notwithstanding paragraph (b).
  517         13. All rental records if the association is acting as
  518  agent for the rental of condominium units.
  519         14. A copy of the current question and answer sheet as
  520  described in s. 718.504.
  521         15. A copy of the inspection reports described in ss.
  522  553.899 and 718.301(4)(p) and any other inspection report
  523  relating to a structural or life safety inspection of
  524  condominium property. Such record must be maintained by the
  525  association for 15 years after receipt of the report.
  526         16. Bids for materials, equipment, or services.
  527         17. All affirmative acknowledgments made pursuant to s.
  528  718.121(4)(c).
  529         18. A copy of the investment policy statement adopted
  530  pursuant to paragraph (16)(c).
  531         19. A copy of all building permits.
  532         20. All other written records of the association not
  533  specifically included in the foregoing which are related to the
  534  operation of the association.
  535         (b) The official records specified in subparagraphs (a)1.
  536  6. must be permanently maintained from the inception of the
  537  association. Bids for work to be performed or for materials,
  538  equipment, or services must be maintained for at least 1 year
  539  after receipt of the bid. All other official records must be
  540  maintained within the state for at least 7 years, unless
  541  otherwise provided by general law. The official records must be
  542  maintained in a manner that facilitates inspection of the
  543  records by a unit owner. In the event that the records are lost,
  544  destroyed, or otherwise unavailable, the obligation to maintain
  545  official records includes a good faith obligation to recover
  546  those records as may be reasonably possible. The records of the
  547  association shall be made available to a unit owner within 45
  548  miles of the condominium property or within the county in which
  549  the condominium property is located within 10 working days after
  550  receipt of a written request by the board or its designee.
  551  However, such distance requirement does not apply to an
  552  association governing a timeshare condominium. This paragraph
  553  and paragraph (c) may be complied with by having a copy of the
  554  official records of the association available for inspection or
  555  copying on the condominium property or association property, or
  556  the association may offer the option of making the records
  557  available to a unit owner electronically via the Internet as
  558  provided under paragraph (g) or by allowing the records to be
  559  viewed in electronic format on a computer screen and printed
  560  upon request. The association is not responsible for the use or
  561  misuse of the information provided to an association member or
  562  his or her authorized representative in compliance with this
  563  chapter unless the association has an affirmative duty not to
  564  disclose such information under this chapter.
  565         (c)1.a. The official records of the association are open to
  566  inspection by any association member and any person authorized
  567  by an association member as a representative of such member at
  568  all reasonable times. The right to inspect the records includes
  569  the right to make or obtain copies, at the reasonable expense,
  570  if any, of the member and of the person authorized by the
  571  association member as a representative of such member. A renter
  572  of a unit has a right to inspect and copy only the declaration
  573  of condominium, the association’s bylaws and rules, and the
  574  inspection reports described in ss. 553.899 and 718.301(4)(p).
  575  The association may adopt reasonable rules regarding the
  576  frequency, time, location, notice, and manner of record
  577  inspections and copying but may not require a member to
  578  demonstrate any purpose or state any reason for the inspection.
  579  The failure of an association to provide the records within 10
  580  working days after receipt of a written request creates a
  581  rebuttable presumption that the association willfully failed to
  582  comply with this paragraph. A unit owner who is denied access to
  583  official records is entitled to the actual damages or minimum
  584  damages for the association’s willful failure to comply. Minimum
  585  damages are $50 per calendar day for up to 10 days, beginning on
  586  the 11th working day after receipt of the written request. The
  587  failure to permit inspection entitles any person prevailing in
  588  an enforcement action to recover reasonable attorney fees from
  589  the person in control of the records who, directly or
  590  indirectly, knowingly denied access to the records. If the
  591  requested records are posted on an association’s website, or are
  592  available for download through an application on a mobile
  593  device, the association may fulfill its obligations as provided
  594  under this paragraph by directing all persons authorized to
  595  request access to official records pursuant to this paragraph to
  596  the website or mobile device application.
  597         b.In response to a written request to inspect records, the
  598  association must simultaneously provide a checklist to the
  599  requestor of all records made available for inspection and
  600  copying. The checklist must also identify any of the
  601  association’s official records that were not made available to
  602  the requestor. An association must maintain a checklist provided
  603  under this sub-subparagraph for 7 years. An association
  604  delivering a checklist pursuant to this sub-subparagraph creates
  605  a rebuttable presumption that the association has complied with
  606  this paragraph.
  607         2. Any director or member of the board or association or a
  608  community association manager who knowingly, willfully, and
  609  repeatedly violates subparagraph 1. commits a misdemeanor of the
  610  second degree, punishable as provided in s. 775.082 or s.
  611  775.083, and shall be deemed removed from office and a vacancy
  612  declared. For purposes of this subparagraph, the term
  613  “repeatedly” means two or more violations within a 12-month
  614  period.
  615         3.2. Any person who knowingly or intentionally defaces or
  616  destroys accounting records that are required by this chapter to
  617  be maintained during the period for which such records are
  618  required to be maintained, or who knowingly or intentionally
  619  fails to create or maintain accounting records that are required
  620  to be created or maintained, with the intent of causing harm to
  621  the association or one or more of its members, commits a
  622  misdemeanor of the first degree, punishable as provided in s.
  623  775.082 or 775.083, is personally subject to a civil penalty
  624  pursuant to s. 718.501(1)(d), and shall be deemed removed from
  625  office and a vacancy declared.
  626         4. Any person who willfully and knowingly refuses to
  627  release or otherwise produce association records with the intent
  628  to avoid or escape detection, arrest, trial, or punishment for
  629  the commission of a crime, or to assist another person with such
  630  avoidance or escape, commits a felony of the third degree,
  631  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
  632  and shall be deemed removed from office and a vacancy declared.
  633         5.3. The association shall maintain an adequate number of
  634  copies of the declaration, articles of incorporation, bylaws,
  635  and rules, and all amendments to each of the foregoing, as well
  636  as the question and answer sheet as described in s. 718.504 and
  637  year-end financial information required under this section, on
  638  the condominium property to ensure their availability to unit
  639  owners and prospective purchasers, and may charge its actual
  640  costs for preparing and furnishing these documents to those
  641  requesting the documents. An association shall allow a member or
  642  his or her authorized representative to use a portable device,
  643  including a smartphone, tablet, portable scanner, or any other
  644  technology capable of scanning or taking photographs, to make an
  645  electronic copy of the official records in lieu of the
  646  association’s providing the member or his or her authorized
  647  representative with a copy of such records. The association may
  648  not charge a member or his or her authorized representative for
  649  the use of a portable device. Notwithstanding this paragraph,
  650  the following records are not accessible to unit owners:
  651         a. Any record protected by the lawyer-client privilege as
  652  described in s. 90.502 and any record protected by the work
  653  product privilege, including a record prepared by an association
  654  attorney or prepared at the attorney’s express direction, which
  655  reflects a mental impression, conclusion, litigation strategy,
  656  or legal theory of the attorney or the association, and which
  657  was prepared exclusively for civil or criminal litigation or for
  658  adversarial administrative proceedings, or which was prepared in
  659  anticipation of such litigation or proceedings until the
  660  conclusion of the litigation or proceedings.
  661         b. Information obtained by an association in connection
  662  with the approval of the lease, sale, or other transfer of a
  663  unit.
  664         c. Personnel records of association or management company
  665  employees, including, but not limited to, disciplinary, payroll,
  666  health, and insurance records. For purposes of this sub
  667  subparagraph, the term “personnel records” does not include
  668  written employment agreements with an association employee or
  669  management company, or budgetary or financial records that
  670  indicate the compensation paid to an association employee.
  671         d. Medical records of unit owners.
  672         e. Social security numbers, driver license numbers, credit
  673  card numbers, e-mail addresses, telephone numbers, facsimile
  674  numbers, emergency contact information, addresses of a unit
  675  owner other than as provided to fulfill the association’s notice
  676  requirements, and other personal identifying information of any
  677  person, excluding the person’s name, unit designation, mailing
  678  address, property address, and any address, e-mail address, or
  679  facsimile number provided to the association to fulfill the
  680  association’s notice requirements. Notwithstanding the
  681  restrictions in this sub-subparagraph, an association may print
  682  and distribute to unit owners a directory containing the name,
  683  unit address, and all telephone numbers of each unit owner.
  684  However, an owner may exclude his or her telephone numbers from
  685  the directory by so requesting in writing to the association. An
  686  owner may consent in writing to the disclosure of other contact
  687  information described in this sub-subparagraph. The association
  688  is not liable for the inadvertent disclosure of information that
  689  is protected under this sub-subparagraph if the information is
  690  included in an official record of the association and is
  691  voluntarily provided by an owner and not requested by the
  692  association.
  693         f. Electronic security measures that are used by the
  694  association to safeguard data, including passwords.
  695         g. The software and operating system used by the
  696  association which allow the manipulation of data, even if the
  697  owner owns a copy of the same software used by the association.
  698  The data is part of the official records of the association.
  699         h. All affirmative acknowledgments made pursuant to s.
  700  718.121(4)(c).
  701         (d) The association shall prepare a question and answer
  702  sheet as described in s. 718.504, and shall update it annually.
  703         (e)1. The association or its authorized agent is not
  704  required to provide a prospective purchaser or lienholder with
  705  information about the condominium or the association other than
  706  information or documents required by this chapter to be made
  707  available or disclosed. The association or its authorized agent
  708  may charge a reasonable fee to the prospective purchaser,
  709  lienholder, or the current unit owner for providing good faith
  710  responses to requests for information by or on behalf of a
  711  prospective purchaser or lienholder, other than that required by
  712  law, if the fee does not exceed $150 plus the reasonable cost of
  713  photocopying and any attorney’s fees incurred by the association
  714  in connection with the response.
  715         2. An association and its authorized agent are not liable
  716  for providing such information in good faith pursuant to a
  717  written request if the person providing the information includes
  718  a written statement in substantially the following form: “The
  719  responses herein are made in good faith and to the best of my
  720  ability as to their accuracy.”
  721         (f) An outgoing board or committee member must relinquish
  722  all official records and property of the association in his or
  723  her possession or under his or her control to the incoming board
  724  within 5 days after the election. The division shall impose a
  725  civil penalty as set forth in s. 718.501(1)(d)6. against an
  726  outgoing board or committee member who willfully and knowingly
  727  fails to relinquish such records and property.
  728         (g)1. By January 1, 2019, an association managing a
  729  condominium with 150 or more units which does not contain
  730  timeshare units shall post digital copies of the documents
  731  specified in subparagraph 2. on its website or make such
  732  documents available through an application that can be
  733  downloaded on a mobile device.
  734         a. The association’s website or application must be:
  735         (I) An independent website, application, or web portal
  736  wholly owned and operated by the association; or
  737         (II) A website, application, or web portal operated by a
  738  third-party provider with whom the association owns, leases,
  739  rents, or otherwise obtains the right to operate a web page,
  740  subpage, web portal, collection of subpages or web portals, or
  741  an application which is dedicated to the association’s
  742  activities and on which required notices, records, and documents
  743  may be posted or made available by the association.
  744         b. The association’s website or application must be
  745  accessible through the Internet and must contain a subpage, web
  746  portal, or other protected electronic location that is
  747  inaccessible to the general public and accessible only to unit
  748  owners and employees of the association.
  749         c. Upon a unit owner’s written request, the association
  750  must provide the unit owner with a username and password and
  751  access to the protected sections of the association’s website or
  752  application which contain any notices, records, or documents
  753  that must be electronically provided.
  754         2. A current copy of the following documents must be posted
  755  in digital format on the association’s website or application:
  756         a. The recorded declaration of condominium of each
  757  condominium operated by the association and each amendment to
  758  each declaration.
  759         b. The recorded bylaws of the association and each
  760  amendment to the bylaws.
  761         c. The articles of incorporation of the association, or
  762  other documents creating the association, and each amendment to
  763  the articles of incorporation or other documents. The copy
  764  posted pursuant to this sub-subparagraph must be a copy of the
  765  articles of incorporation filed with the Department of State.
  766         d. The rules of the association.
  767         e. A list of all executory contracts or documents to which
  768  the association is a party or under which the association or the
  769  unit owners have an obligation or responsibility and, after
  770  bidding for the related materials, equipment, or services has
  771  closed, a list of bids received by the association within the
  772  past year. Summaries of bids for materials, equipment, or
  773  services which exceed $500 must be maintained on the website or
  774  application for 1 year. In lieu of summaries, complete copies of
  775  the bids may be posted.
  776         f. The annual budget required by s. 718.112(2)(f) and any
  777  proposed budget to be considered at the annual meeting.
  778         g. The financial report required by subsection (13) and any
  779  monthly income or expense statement to be considered at a
  780  meeting.
  781         h. The certification of each director required by s.
  782  718.112(2)(d)4.b.
  783         i. All contracts or transactions between the association
  784  and any director, officer, corporation, firm, or association
  785  that is not an affiliated condominium association or any other
  786  entity in which an association director is also a director or
  787  officer and financially interested.
  788         j. Any contract or document regarding a conflict of
  789  interest or possible conflict of interest as provided in ss.
  790  468.4335, 468.436(2)(b)6., and 718.3027(3).
  791         k. The notice of any unit owner meeting and the agenda for
  792  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  793  days before the meeting. The notice must be posted in plain view
  794  on the front page of the website or application, or on a
  795  separate subpage of the website or application labeled “Notices”
  796  which is conspicuously visible and linked from the front page.
  797  The association must also post on its website or application any
  798  document to be considered and voted on by the owners during the
  799  meeting or any document listed on the agenda at least 7 days
  800  before the meeting at which the document or the information
  801  within the document will be considered.
  802         l. Notice of any board meeting, the agenda, and any other
  803  document required for the meeting as required by s.
  804  718.112(2)(c), which must be posted no later than the date
  805  required for notice under s. 718.112(2)(c).
  806         m. The inspection reports described in ss. 553.899 and
  807  718.301(4)(p) and any other inspection report relating to a
  808  structural or life safety inspection of condominium property.
  809         n. The association’s most recent structural integrity
  810  reserve study, if applicable.
  811         o. Copies of all building permits issued for ongoing or
  812  planned construction.
  813         3. The association shall ensure that the information and
  814  records described in paragraph (c), which are not allowed to be
  815  accessible to unit owners, are not posted on the association’s
  816  website or application. If protected information or information
  817  restricted from being accessible to unit owners is included in
  818  documents that are required to be posted on the association’s
  819  website or application, the association shall ensure the
  820  information is redacted before posting the documents.
  821  Notwithstanding the foregoing, the association or its agent is
  822  not liable for disclosing information that is protected or
  823  restricted under this paragraph unless such disclosure was made
  824  with a knowing or intentional disregard of the protected or
  825  restricted nature of such information.
  826         4. The failure of the association to post information
  827  required under subparagraph 2. is not in and of itself
  828  sufficient to invalidate any action or decision of the
  829  association’s board or its committees.
  830         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  831  the fiscal year, or annually on a date provided in the bylaws,
  832  the association shall prepare and complete, or contract for the
  833  preparation and completion of, a financial report for the
  834  preceding fiscal year. Within 21 days after the final financial
  835  report is completed by the association or received from the
  836  third party, but not later than 120 days after the end of the
  837  fiscal year or other date as provided in the bylaws, the
  838  association shall deliver mail to each unit owner, by United
  839  States mail or personal delivery at the mailing address,
  840  property address, e-mail address, or facsimile number provided
  841  to fulfill the association’s notice requirements at the address
  842  last furnished to the association by the unit owner, or hand
  843  deliver to each unit owner, a copy of the management letter or
  844  opinion letter, as applicable, for the most recent financial
  845  report, and or a notice that a copy of the most recent financial
  846  report will be mailed or hand delivered to the unit owner,
  847  without charge, within 5 business days after receipt of a
  848  written request from the unit owner. The division shall adopt
  849  rules setting forth uniform accounting principles and standards
  850  to be used by all associations and addressing the financial
  851  reporting requirements for multicondominium associations. The
  852  rules must include, but not be limited to, standards for
  853  presenting a summary of association reserves, including a good
  854  faith estimate disclosing the annual amount of reserve funds
  855  that would be necessary for the association to fully fund
  856  reserves for each reserve item based on the straight-line
  857  accounting method. This disclosure is not applicable to reserves
  858  funded via the pooling method. In adopting such rules, the
  859  division shall consider the number of members and annual
  860  revenues of an association. Financial reports shall be prepared
  861  as follows:
  862         (a) An association that meets the criteria of this
  863  paragraph shall prepare a complete set of financial statements
  864  in accordance with generally accepted accounting principles. The
  865  financial statements must be based upon the association’s total
  866  annual revenues, as follows:
  867         1. An association with total annual revenues of $150,000 or
  868  more, but less than $300,000, shall prepare compiled financial
  869  statements.
  870         2. An association with total annual revenues of at least
  871  $300,000, but less than $500,000, shall prepare reviewed
  872  financial statements.
  873         3. An association with total annual revenues of $500,000 or
  874  more shall prepare audited financial statements.
  875         (b)1. An association with total annual revenues of less
  876  than $150,000 shall prepare a report of cash receipts and
  877  expenditures.
  878         2. A report of cash receipts and disbursements must
  879  disclose the amount of receipts by accounts and receipt
  880  classifications and the amount of expenses by accounts and
  881  expense classifications, including, but not limited to, the
  882  following, as applicable: costs for security, professional and
  883  management fees and expenses, taxes, costs for recreation
  884  facilities, expenses for refuse collection and utility services,
  885  expenses for lawn care, costs for building maintenance and
  886  repair, insurance costs, administration and salary expenses, and
  887  reserves accumulated and expended for capital expenditures,
  888  planned deferred maintenance, and any other category for which
  889  the association maintains reserves.
  890         (c) An association may prepare, without a meeting of or
  891  approval by the unit owners:
  892         1. Compiled, reviewed, or audited financial statements, if
  893  the association is required to prepare a report of cash receipts
  894  and expenditures;
  895         2. Reviewed or audited financial statements, if the
  896  association is required to prepare compiled financial
  897  statements; or
  898         3. Audited financial statements if the association is
  899  required to prepare reviewed financial statements.
  900         (d) Unless an association invests funds pursuant to
  901  paragraph (16)(b), and only if approved by a majority of the
  902  voting interests present at a properly called meeting of the
  903  association, an association may prepare:
  904         1. A report of cash receipts and expenditures in lieu of a
  905  compiled, reviewed, or audited financial statement;
  906         2. A report of cash receipts and expenditures or a compiled
  907  financial statement in lieu of a reviewed or audited financial
  908  statement; or
  909         3. A report of cash receipts and expenditures, a compiled
  910  financial statement, or a reviewed financial statement in lieu
  911  of an audited financial statement.
  912  
  913  Such meeting and approval must occur before the end of the
  914  fiscal year and is effective only for the fiscal year in which
  915  the vote is taken. An association may not prepare a financial
  916  report pursuant to this paragraph for consecutive fiscal years,
  917  except that the approval may also be effective for the following
  918  fiscal year. If the developer has not turned over control of the
  919  association, all unit owners, including the developer, may vote
  920  on issues related to the preparation of the association’s
  921  financial reports, from the date of incorporation of the
  922  association through the end of the second fiscal year after the
  923  fiscal year in which the certificate of a surveyor and mapper is
  924  recorded pursuant to s. 718.104(4)(e) or an instrument that
  925  transfers title to a unit in the condominium which is not
  926  accompanied by a recorded assignment of developer rights in
  927  favor of the grantee of such unit is recorded, whichever occurs
  928  first. Thereafter, all unit owners except the developer may vote
  929  on such issues until control is turned over to the association
  930  by the developer. Any audit or review prepared under this
  931  section shall be paid for by the developer if done before
  932  turnover of control of the association.
  933         (e) A unit owner may provide written notice to the division
  934  of the association’s failure to mail or hand deliver him or her
  935  a copy of the most recent financial report within 5 business
  936  days after he or she submitted a written request to the
  937  association for a copy of such report. If the division
  938  determines that the association failed to mail or hand deliver a
  939  copy of the most recent financial report to the unit owner, the
  940  division shall provide written notice to the association that
  941  the association must mail or hand deliver a copy of the most
  942  recent financial report to the unit owner and the division
  943  within 5 business days after it receives such notice from the
  944  division. An association that fails to comply with the
  945  division’s request may not waive the financial reporting
  946  requirement provided in paragraph (d) for the fiscal year in
  947  which the unit owner’s request was made and the following fiscal
  948  year. A financial report received by the division pursuant to
  949  this paragraph shall be maintained, and the division shall
  950  provide a copy of such report to an association member upon his
  951  or her request.
  952         (f) If an association invests funds pursuant to paragraph
  953  (16)(b), the association must prepare financial statements
  954  pursuant to paragraphs (a) and (b).
  955         (15) DEBIT CARDS.—
  956         (a) An association and its officers, directors, employees,
  957  and agents may not use a debit card issued in the name of the
  958  association, or billed directly to the association, for the
  959  payment of any association expense.
  960         (b) A person who uses Use of a debit card issued in the
  961  name of the association, or billed directly to the association,
  962  for any expense that is not a lawful obligation of the
  963  association commits theft under s. 812.014, and shall be deemed
  964  removed from office and a vacancy declared. For the purposes of
  965  this paragraph, the term “lawful obligation of the association”
  966  means an obligation that has been properly preapproved by the
  967  board and is reflected in the meeting minutes or the written
  968  budget may be prosecuted as credit card fraud pursuant to s.
  969  817.61.
  970         (16) INVESTMENT OF ASSOCIATION FUNDS.—
  971         (a) A board, in fulfilling its duty to manage operating and
  972  reserve funds of an association, must use best efforts to make
  973  prudent investment decisions that carefully consider risk and
  974  return in an effort to maximize returns on invested funds.
  975         (b) An association, including a multicondominium
  976  association, may invest reserve funds in one or any combination
  977  of depository accounts at a community bank, savings bank,
  978  commercial bank, savings and loan association, or credit union
  979  if the respective account balance at any institution does not
  980  exceed the amount of deposit insurance per account provided by
  981  any agency of the Federal Government or as otherwise available.
  982  Notwithstanding any declaration, only funds identified as
  983  reserve funds may be invested pursuant to this subsection.
  984         (c) The board shall create an investment committee composed
  985  of at least two board members and two-unit non-board member unit
  986  owners. The board shall also adopt rules for invested funds,
  987  including, but not limited to, rules requiring periodic reviews
  988  of any investment manager’s performance, the development of an
  989  investment policy statement, and that all meetings of the
  990  investment committee be recorded and made part of the official
  991  records of the association. The investment policy statement
  992  developed pursuant to this paragraph must, at a minimum, address
  993  risk, liquidity, and benchmark measurements; authorized classes
  994  of investments; authorized investment mixes; limitations on
  995  authority relating to investment transactions; requirements for
  996  projected reserve expenditures within, at minimum, the next 24
  997  months to be held in cash or cash equivalents; projected
  998  expenditures relating to an inspection performed pursuant to s.
  999  553.899; and protocols for proxy response.
 1000         (d) The investment committee shall recommend investment
 1001  advisers to the board, and the board shall select one of the
 1002  recommended investment advisers to provide services to the
 1003  association. Such investment advisers must be registered or have
 1004  notice filed under s. 517.12. The investment adviser and any
 1005  representative or association of the investment adviser may not
 1006  be related by affinity or consanguinity to, or under common
 1007  ownership with, any board member, community management company,
 1008  reserve study provider, or unit owner. The investment adviser
 1009  shall comply with the prudent investor rule in s. 518.11. The
 1010  investment adviser shall act as a fiduciary to the association
 1011  in compliance with the standards set forth in the Employee
 1012  Retirement Income Security Act of 1974 at 29 U.S.C. s.
 1013  1104(a)(1)(A)-(C). In case of conflict with other provisions of
 1014  law authorizing investments, the investment and fiduciary
 1015  standards set forth in this paragraph must prevail. If at any
 1016  time the investment committee determines that an investment
 1017  adviser does not meet the requirements of this section, the
 1018  investment committee must recommend a replacement investment
 1019  adviser to the board.
 1020         (e) At least once each calendar year, or sooner if a
 1021  substantial financial obligation of the association becomes
 1022  known to the board, the association must provide the investment
 1023  adviser with the association’s investment policy statement, the
 1024  most recent reserve study report, the association’s structural
 1025  integrity report, and the financial reports prepared pursuant to
 1026  subsection (13). If there is no recent reserve study report, the
 1027  association must provide the investment adviser with a good
 1028  faith estimate disclosing the annual amount of reserve funds
 1029  necessary for the association to fully fund reserves for the
 1030  life of each reserve component and each component’s
 1031  redundancies. The investment adviser shall annually review these
 1032  documents and provide the association with a portfolio
 1033  allocation model that is suitably structured and prudently
 1034  designed to match projected annual reserve fund requirements and
 1035  liability, assets, and liquidity requirements. The investment
 1036  adviser shall prepare a funding projection for each reserve
 1037  component, including any of the component’s redundancies. There
 1038  must be a minimum of 24 months of projected reserves in cash or
 1039  cash equivalents available to the association at all times.
 1040         (f) Portfolios managed by the investment adviser may
 1041  contain any type of investment necessary to meet the objectives
 1042  in the investment policy statement; however, portfolios may not
 1043  contain stocks, securities, or other obligations that the State
 1044  Board of Administration is prohibited from investing in under s.
 1045  215.471, s. 215.4725, or s. 215.473 or that state agencies are
 1046  prohibited from investing in under s. 215.472, as determined by
 1047  the investment adviser. Any funds invested by the investment
 1048  adviser must be held in third party custodial accounts that are
 1049  subject to insurance coverage by the Securities Investor
 1050  Protection Corporation in an amount equal to or greater than the
 1051  invested amount. The investment adviser may withdraw investment
 1052  fees, expenses, and commissions from invested funds.
 1053         (g) The investment adviser shall:
 1054         1. Annually provide the association with a written
 1055  certification of compliance with this section and a list of
 1056  stocks, securities, and other obligations that are prohibited
 1057  from being in association portfolios under paragraph (f); and
 1058         2. Submit monthly, quarterly, and annual reports to the
 1059  association which are prepared in accordance with established
 1060  financial industry standards and in accordance with chapter 517.
 1061         (h) Any principal, earnings, or interest managed under this
 1062  subsection must be available at no cost or charge to the
 1063  association within 15 business days after delivery of the
 1064  association’s written or electronic request.
 1065         (i) Unallocated income earned on reserve fund investments
 1066  may be spent only on capital expenditures, planned maintenance,
 1067  structural repairs, or other items for which the reserve
 1068  accounts have been established. Any surplus of funds which
 1069  exceeds the amount required to maintain reasonably funded
 1070  reserves must be managed pursuant to s. 718.115.
 1071         Section 7. Effective January 1, 2026, paragraph (g) of
 1072  subsection (12) of section 718.111, Florida Statutes, as amended
 1073  by this act, is amended to read:
 1074         718.111 The association.—
 1075         (12) OFFICIAL RECORDS.—
 1076         (g)1. By January 1, 2019, An association managing a
 1077  condominium with 25 150 or more units which does not contain
 1078  timeshare units shall post digital copies of the documents
 1079  specified in subparagraph 2. on its website or make such
 1080  documents available through an application that can be
 1081  downloaded on a mobile device.
 1082         a. The association’s website or application must be:
 1083         (I) An independent website, application, or web portal
 1084  wholly owned and operated by the association; or
 1085         (II) A website, application, or web portal operated by a
 1086  third-party provider with whom the association owns, leases,
 1087  rents, or otherwise obtains the right to operate a web page,
 1088  subpage, web portal, collection of subpages or web portals, or
 1089  an application which is dedicated to the association’s
 1090  activities and on which required notices, records, and documents
 1091  may be posted or made available by the association.
 1092         b. The association’s website or application must be
 1093  accessible through the Internet and must contain a subpage, web
 1094  portal, or other protected electronic location that is
 1095  inaccessible to the general public and accessible only to unit
 1096  owners and employees of the association.
 1097         c. Upon a unit owner’s written request, the association
 1098  must provide the unit owner with a username and password and
 1099  access to the protected sections of the association’s website or
 1100  application which contain any notices, records, or documents
 1101  that must be electronically provided.
 1102         2. A current copy of the following documents must be posted
 1103  in digital format on the association’s website or application:
 1104         a. The recorded declaration of condominium of each
 1105  condominium operated by the association and each amendment to
 1106  each declaration.
 1107         b. The recorded bylaws of the association and each
 1108  amendment to the bylaws.
 1109         c. The articles of incorporation of the association, or
 1110  other documents creating the association, and each amendment to
 1111  the articles of incorporation or other documents. The copy
 1112  posted pursuant to this sub-subparagraph must be a copy of the
 1113  articles of incorporation filed with the Department of State.
 1114         d. The rules of the association.
 1115         e. A list of all executory contracts or documents to which
 1116  the association is a party or under which the association or the
 1117  unit owners have an obligation or responsibility and, after
 1118  bidding for the related materials, equipment, or services has
 1119  closed, a list of bids received by the association within the
 1120  past year. Summaries of bids for materials, equipment, or
 1121  services which exceed $500 must be maintained on the website or
 1122  application for 1 year. In lieu of summaries, complete copies of
 1123  the bids may be posted.
 1124         f. The annual budget required by s. 718.112(2)(f) and any
 1125  proposed budget to be considered at the annual meeting.
 1126         g. The financial report required by subsection (13) and any
 1127  monthly income or expense statement to be considered at a
 1128  meeting.
 1129         h. The certification of each director required by s.
 1130  718.112(2)(d)4.b.
 1131         i. All contracts or transactions between the association
 1132  and any director, officer, corporation, firm, or association
 1133  that is not an affiliated condominium association or any other
 1134  entity in which an association director is also a director or
 1135  officer and financially interested.
 1136         j. Any contract or document regarding a conflict of
 1137  interest or possible conflict of interest as provided in ss.
 1138  468.4335, 468.436(2)(b)6., and 718.3027(3).
 1139         k. The notice of any unit owner meeting and the agenda for
 1140  the meeting, as required by s. 718.112(2)(d)3., no later than 14
 1141  days before the meeting. The notice must be posted in plain view
 1142  on the front page of the website or application, or on a
 1143  separate subpage of the website or application labeled “Notices”
 1144  which is conspicuously visible and linked from the front page.
 1145  The association must also post on its website or application any
 1146  document to be considered and voted on by the owners during the
 1147  meeting or any document listed on the agenda at least 7 days
 1148  before the meeting at which the document or the information
 1149  within the document will be considered.
 1150         l. Notice of any board meeting, the agenda, and any other
 1151  document required for the meeting as required by s.
 1152  718.112(2)(c), which must be posted no later than the date
 1153  required for notice under s. 718.112(2)(c).
 1154         m. The inspection reports described in ss. 553.899 and
 1155  718.301(4)(p) and any other inspection report relating to a
 1156  structural or life safety inspection of condominium property.
 1157         n. The association’s most recent structural integrity
 1158  reserve study, if applicable.
 1159         o. Copies of all building permits issued for ongoing or
 1160  planned construction.
 1161         3. The association shall ensure that the information and
 1162  records described in paragraph (c), which are not allowed to be
 1163  accessible to unit owners, are not posted on the association’s
 1164  website or application. If protected information or information
 1165  restricted from being accessible to unit owners is included in
 1166  documents that are required to be posted on the association’s
 1167  website or application, the association shall ensure the
 1168  information is redacted before posting the documents.
 1169  Notwithstanding the foregoing, the association or its agent is
 1170  not liable for disclosing information that is protected or
 1171  restricted under this paragraph unless such disclosure was made
 1172  with a knowing or intentional disregard of the protected or
 1173  restricted nature of such information.
 1174         4. The failure of the association to post information
 1175  required under subparagraph 2. is not in and of itself
 1176  sufficient to invalidate any action or decision of the
 1177  association’s board or its committees.
 1178         Section 8. Paragraphs (c), (d), (f), (g), (i), and (q) of
 1179  subsection (2) of section 718.112, Florida Statutes, are
 1180  amended, and paragraph (r) is added to that section, to read:
 1181         718.112 Bylaws.—
 1182         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
 1183  following and, if they do not do so, shall be deemed to include
 1184  the following:
 1185         (c) Board of administration meetings.In a residential
 1186  condominium association of more than 10 units, the board of
 1187  administration shall meet at least once each quarter for the
 1188  purpose of responding to inquiries from members and informing
 1189  members on the state of the condominium, including the status of
 1190  any construction or repair projects, the status of the
 1191  association’s revenue and expenditures during the fiscal year,
 1192  or other issues affecting the association. Meetings of the board
 1193  of administration at which a quorum of the members is present
 1194  are open to all unit owners. Members of the board of
 1195  administration may use e-mail as a means of communication but
 1196  may not cast a vote on an association matter via e-mail. A unit
 1197  owner may tape record or videotape the meetings. The right to
 1198  attend such meetings includes the right to speak at such
 1199  meetings with reference to all designated agenda items. The
 1200  division shall adopt reasonable rules governing the tape
 1201  recording and videotaping of the meeting. The association may
 1202  adopt written reasonable rules governing the frequency,
 1203  duration, and manner of unit owner statements.
 1204         1. Adequate notice of all board meetings, which must
 1205  specifically identify all agenda items, must be posted
 1206  conspicuously on the condominium property at least 48 continuous
 1207  hours before the meeting except in an emergency. If 20 percent
 1208  of the voting interests petition the board to address an item of
 1209  business, the board, within 60 days after receipt of the
 1210  petition, shall place the item on the agenda at its next regular
 1211  board meeting or at a special meeting called for that purpose.
 1212  An item not included on the notice may be taken up on an
 1213  emergency basis by a vote of at least a majority plus one of the
 1214  board members. Such emergency action must be noticed and
 1215  ratified at the next regular board meeting. Written notice of a
 1216  meeting at which a nonemergency special assessment or an
 1217  amendment to rules regarding unit use will be considered must be
 1218  mailed, delivered, or electronically transmitted to the unit
 1219  owners and posted conspicuously on the condominium property at
 1220  least 14 days before the meeting. Evidence of compliance with
 1221  this 14-day notice requirement must be made by an affidavit
 1222  executed by the person providing the notice and filed with the
 1223  official records of the association. Notice of any meeting in
 1224  which regular or special assessments against unit owners are to
 1225  be considered must specifically state that assessments will be
 1226  considered and provide the estimated cost and description of the
 1227  purposes for such assessments.
 1228         2. Upon notice to the unit owners, the board shall, by duly
 1229  adopted rule, designate a specific location on the condominium
 1230  property where all notices of board meetings must be posted. If
 1231  there is no condominium property where notices can be posted,
 1232  notices shall be mailed, delivered, or electronically
 1233  transmitted to each unit owner at least 14 days before the
 1234  meeting. In lieu of or in addition to the physical posting of
 1235  the notice on the condominium property, the association may, by
 1236  reasonable rule, adopt a procedure for conspicuously posting and
 1237  repeatedly broadcasting the notice and the agenda on a closed
 1238  circuit cable television system serving the condominium
 1239  association. However, if broadcast notice is used in lieu of a
 1240  notice physically posted on condominium property, the notice and
 1241  agenda must be broadcast at least four times every broadcast
 1242  hour of each day that a posted notice is otherwise required
 1243  under this section. If broadcast notice is provided, the notice
 1244  and agenda must be broadcast in a manner and for a sufficient
 1245  continuous length of time so as to allow an average reader to
 1246  observe the notice and read and comprehend the entire content of
 1247  the notice and the agenda. In addition to any of the authorized
 1248  means of providing notice of a meeting of the board, the
 1249  association may, by rule, adopt a procedure for conspicuously
 1250  posting the meeting notice and the agenda on a website serving
 1251  the condominium association for at least the minimum period of
 1252  time for which a notice of a meeting is also required to be
 1253  physically posted on the condominium property. Any rule adopted
 1254  shall, in addition to other matters, include a requirement that
 1255  the association send an electronic notice in the same manner as
 1256  a notice for a meeting of the members, which must include a
 1257  hyperlink to the website where the notice is posted, to unit
 1258  owners whose e-mail addresses are included in the association’s
 1259  official records.
 1260         3. Notice of any meeting in which regular or special
 1261  assessments against unit owners are to be considered must
 1262  specifically state that assessments will be considered and
 1263  provide the estimated cost and description of the purposes for
 1264  such assessments. If an agenda item relates to the approval of a
 1265  contract for goods or services, a copy of the contract must be
 1266  provided with the notice, made available for inspection and
 1267  copying upon a written request from a unit owner, or made
 1268  available on the association’s website or through an application
 1269  that can be downloaded on a mobile device.
 1270         4.2. Meetings of a committee to take final action on behalf
 1271  of the board or make recommendations to the board regarding the
 1272  association budget are subject to this paragraph. Meetings of a
 1273  committee that does not take final action on behalf of the board
 1274  or make recommendations to the board regarding the association
 1275  budget are subject to this section, unless those meetings are
 1276  exempted from this section by the bylaws of the association.
 1277         5.3. Notwithstanding any other law, the requirement that
 1278  board meetings and committee meetings be open to the unit owners
 1279  does not apply to:
 1280         a. Meetings between the board or a committee and the
 1281  association’s attorney, with respect to proposed or pending
 1282  litigation, if the meeting is held for the purpose of seeking or
 1283  rendering legal advice; or
 1284         b. Board meetings held for the purpose of discussing
 1285  personnel matters.
 1286         (d) Unit owner meetings.—
 1287         1. An annual meeting of the unit owners must be held at the
 1288  location provided in the association bylaws and, if the bylaws
 1289  are silent as to the location, the meeting must be held within
 1290  45 miles of the condominium property. However, such distance
 1291  requirement does not apply to an association governing a
 1292  timeshare condominium.
 1293         2. Unless the bylaws provide otherwise, a vacancy on the
 1294  board caused by the expiration of a director’s term must be
 1295  filled by electing a new board member, and the election must be
 1296  by secret ballot. An election is not required if the number of
 1297  vacancies equals or exceeds the number of candidates. For
 1298  purposes of this paragraph, the term “candidate” means an
 1299  eligible person who has timely submitted the written notice, as
 1300  described in sub-subparagraph 4.a., of his or her intention to
 1301  become a candidate. Except in a timeshare or nonresidential
 1302  condominium, or if the staggered term of a board member does not
 1303  expire until a later annual meeting, or if all members’ terms
 1304  would otherwise expire but there are no candidates, the terms of
 1305  all board members expire at the annual meeting, and such members
 1306  may stand for reelection unless prohibited by the bylaws. Board
 1307  members may serve terms longer than 1 year if permitted by the
 1308  bylaws or articles of incorporation. A board member may not
 1309  serve more than 8 consecutive years unless approved by an
 1310  affirmative vote of unit owners representing two-thirds of all
 1311  votes cast in the election or unless there are not enough
 1312  eligible candidates to fill the vacancies on the board at the
 1313  time of the vacancy. Only board service that occurs on or after
 1314  July 1, 2018, may be used when calculating a board member’s term
 1315  limit. If the number of board members whose terms expire at the
 1316  annual meeting equals or exceeds the number of candidates, the
 1317  candidates become members of the board effective upon the
 1318  adjournment of the annual meeting. Unless the bylaws provide
 1319  otherwise, any remaining vacancies shall be filled by the
 1320  affirmative vote of the majority of the directors making up the
 1321  newly constituted board even if the directors constitute less
 1322  than a quorum or there is only one director. In a residential
 1323  condominium association of more than 10 units or in a
 1324  residential condominium association that does not include
 1325  timeshare units or timeshare interests, co-owners of a unit may
 1326  not serve as members of the board of directors at the same time
 1327  unless they own more than one unit or unless there are not
 1328  enough eligible candidates to fill the vacancies on the board at
 1329  the time of the vacancy. A unit owner in a residential
 1330  condominium desiring to be a candidate for board membership must
 1331  comply with sub-subparagraph 4.a. and must be eligible to be a
 1332  candidate to serve on the board of directors at the time of the
 1333  deadline for submitting a notice of intent to run in order to
 1334  have his or her name listed as a proper candidate on the ballot
 1335  or to serve on the board. A person who has been suspended or
 1336  removed by the division under this chapter, or who is delinquent
 1337  in the payment of any assessment due to the association, is not
 1338  eligible to be a candidate for board membership and may not be
 1339  listed on the ballot. For purposes of this paragraph, a person
 1340  is delinquent if a payment is not made by the due date as
 1341  specifically identified in the declaration of condominium,
 1342  bylaws, or articles of incorporation. If a due date is not
 1343  specifically identified in the declaration of condominium,
 1344  bylaws, or articles of incorporation, the due date is the first
 1345  day of the assessment period. A person who has been convicted of
 1346  any felony in this state or in a United States District or
 1347  Territorial Court, or who has been convicted of any offense in
 1348  another jurisdiction which would be considered a felony if
 1349  committed in this state, is not eligible for board membership
 1350  unless such felon’s civil rights have been restored for at least
 1351  5 years as of the date such person seeks election to the board.
 1352  The validity of an action by the board is not affected if it is
 1353  later determined that a board member is ineligible for board
 1354  membership due to having been convicted of a felony. This
 1355  subparagraph does not limit the term of a member of the board of
 1356  a nonresidential or timeshare condominium.
 1357         3. The bylaws must provide the method of calling meetings
 1358  of unit owners, including annual meetings. Written notice of an
 1359  annual meeting must include an agenda; be mailed, hand
 1360  delivered, or electronically transmitted to each unit owner at
 1361  least 14 days before the annual meeting; and be posted in a
 1362  conspicuous place on the condominium property or association
 1363  property at least 14 continuous days before the annual meeting.
 1364  Written notice of a meeting other than an annual meeting must
 1365  include an agenda; be mailed, hand delivered, or electronically
 1366  transmitted to each unit owner; and be posted in a conspicuous
 1367  place on the condominium property or association property within
 1368  the timeframe specified in the bylaws. If the bylaws do not
 1369  specify a timeframe for written notice of a meeting other than
 1370  an annual meeting, notice must be provided at least 14
 1371  continuous days before the meeting. Upon notice to the unit
 1372  owners, the board shall, by duly adopted rule, designate a
 1373  specific location on the condominium property or association
 1374  property where all notices of unit owner meetings must be
 1375  posted. This requirement does not apply if there is no
 1376  condominium property for posting notices. In lieu of, or in
 1377  addition to, the physical posting of meeting notices, the
 1378  association may, by reasonable rule, adopt a procedure for
 1379  conspicuously posting and repeatedly broadcasting the notice and
 1380  the agenda on a closed-circuit cable television system serving
 1381  the condominium association. However, if broadcast notice is
 1382  used in lieu of a notice posted physically on the condominium
 1383  property, the notice and agenda must be broadcast at least four
 1384  times every broadcast hour of each day that a posted notice is
 1385  otherwise required under this section. If broadcast notice is
 1386  provided, the notice and agenda must be broadcast in a manner
 1387  and for a sufficient continuous length of time so as to allow an
 1388  average reader to observe the notice and read and comprehend the
 1389  entire content of the notice and the agenda. In addition to any
 1390  of the authorized means of providing notice of a meeting of the
 1391  board, the association may, by rule, adopt a procedure for
 1392  conspicuously posting the meeting notice and the agenda on a
 1393  website serving the condominium association for at least the
 1394  minimum period of time for which a notice of a meeting is also
 1395  required to be physically posted on the condominium property.
 1396  Any rule adopted shall, in addition to other matters, include a
 1397  requirement that the association send an electronic notice in
 1398  the same manner as a notice for a meeting of the members, which
 1399  must include a hyperlink to the website where the notice is
 1400  posted, to unit owners whose e-mail addresses are included in
 1401  the association’s official records. Unless a unit owner waives
 1402  in writing the right to receive notice of the annual meeting,
 1403  such notice must be hand delivered, mailed, or electronically
 1404  transmitted to each unit owner. Notice for meetings and notice
 1405  for all other purposes must be mailed to each unit owner at the
 1406  address last furnished to the association by the unit owner, or
 1407  hand delivered to each unit owner. However, if a unit is owned
 1408  by more than one person, the association must provide notice to
 1409  the address that the developer identifies for that purpose and
 1410  thereafter as one or more of the owners of the unit advise the
 1411  association in writing, or if no address is given or the owners
 1412  of the unit do not agree, to the address provided on the deed of
 1413  record. An officer of the association, or the manager or other
 1414  person providing notice of the association meeting, must provide
 1415  an affidavit or United States Postal Service certificate of
 1416  mailing, to be included in the official records of the
 1417  association affirming that the notice was mailed or hand
 1418  delivered in accordance with this provision.
 1419         4. The members of the board of a residential condominium
 1420  shall be elected by written ballot or voting machine. Proxies
 1421  may not be used in electing the board in general elections or
 1422  elections to fill vacancies caused by recall, resignation, or
 1423  otherwise, unless otherwise provided in this chapter. This
 1424  subparagraph does not apply to an association governing a
 1425  timeshare condominium.
 1426         a. At least 60 days before a scheduled election, the
 1427  association shall mail, deliver, or electronically transmit, by
 1428  separate association mailing or included in another association
 1429  mailing, delivery, or transmission, including regularly
 1430  published newsletters, to each unit owner entitled to a vote, a
 1431  first notice of the date of the election. A unit owner or other
 1432  eligible person desiring to be a candidate for the board must
 1433  give written notice of his or her intent to be a candidate to
 1434  the association at least 40 days before a scheduled election.
 1435  Together with the written notice and agenda as set forth in
 1436  subparagraph 3., the association shall mail, deliver, or
 1437  electronically transmit a second notice of the election to all
 1438  unit owners entitled to vote, together with a ballot that lists
 1439  all candidates not less than 14 days or more than 34 days before
 1440  the date of the election. Upon request of a candidate, an
 1441  information sheet, no larger than 8 1/2 inches by 11 inches,
 1442  which must be furnished by the candidate at least 35 days before
 1443  the election, must be included with the mailing, delivery, or
 1444  transmission of the ballot, with the costs of mailing, delivery,
 1445  or electronic transmission and copying to be borne by the
 1446  association. The association is not liable for the contents of
 1447  the information sheets prepared by the candidates. In order to
 1448  reduce costs, the association may print or duplicate the
 1449  information sheets on both sides of the paper. The division
 1450  shall by rule establish voting procedures consistent with this
 1451  sub-subparagraph, including rules establishing procedures for
 1452  giving notice by electronic transmission and rules providing for
 1453  the secrecy of ballots. Elections shall be decided by a
 1454  plurality of ballots cast. There is no quorum requirement;
 1455  however, at least 20 percent of the eligible voters must cast a
 1456  ballot in order to have a valid election. A unit owner may not
 1457  authorize any other person to vote his or her ballot, and any
 1458  ballots improperly cast are invalid. A unit owner who violates
 1459  this provision may be fined by the association in accordance
 1460  with s. 718.303. A unit owner who needs assistance in casting
 1461  the ballot for the reasons stated in s. 101.051 may obtain such
 1462  assistance. The regular election must occur on the date of the
 1463  annual meeting. Notwithstanding this sub-subparagraph, an
 1464  election is not required unless more candidates file notices of
 1465  intent to run or are nominated than board vacancies exist.
 1466         b. A director of a Within 90 days after being elected or
 1467  appointed to the board of an association of a residential
 1468  condominium, each newly elected or appointed director shall:
 1469         (I) Certify in writing to the secretary of the association
 1470  that he or she has read the association’s declaration of
 1471  condominium, articles of incorporation, bylaws, and current
 1472  written policies; that he or she will work to uphold such
 1473  documents and policies to the best of his or her ability; and
 1474  that he or she will faithfully discharge his or her fiduciary
 1475  responsibility to the association’s members. In lieu of this
 1476  written certification, within 90 days after being elected or
 1477  appointed to the board, the newly elected or appointed director
 1478  may
 1479         (II) Submit to the secretary of the association a
 1480  certificate of having satisfactorily completed the educational
 1481  curriculum administered by the division or a division-approved
 1482  condominium education provider within 1 year before or 90 days
 1483  after the date of election or appointment.
 1484  
 1485  Each newly elected or appointed director must submit the written
 1486  certification and educational certificate to the secretary of
 1487  the association within 1 year before being elected or appointed
 1488  or within 90 days after the date of election or appointment. A
 1489  director of an association of a residential condominium who was
 1490  elected or appointed before July 1, 2024, must comply with the
 1491  written certification and educational certificate requirements
 1492  in this sub-subparagraph by June 30, 2025. The written
 1493  certification and or educational certificate is valid for 7
 1494  years from the date of issuance and does not have to be
 1495  resubmitted as long as the director serves on the board without
 1496  interruption during the 7-year period. A director who is
 1497  appointed by the developer may satisfy the educational
 1498  certificate requirement in sub-sub-subparagraph (II) for any
 1499  subsequent appointment to a board by a developer within 7 years
 1500  after the date of issuance of the most recent educational
 1501  certificate, including any interruption of service on a board or
 1502  an appointment to a board in another association within that 7
 1503  year period. Additionally, one year after submission of the most
 1504  recent written certification and educational certificate, and
 1505  annually thereafter, a director of an association of a
 1506  residential condominium must submit to the secretary of the
 1507  association a certificate of having satisfactorily completed an
 1508  educational curriculum administered by the division, or a
 1509  division-approved condominium education provider, relating to
 1510  any recent changes to this chapter and the related
 1511  administrative rules during the past year. A director of an
 1512  association of a residential condominium who fails to timely
 1513  file the written certification and or educational certificate is
 1514  suspended from service on the board until he or she complies
 1515  with this sub-subparagraph. The board may temporarily fill the
 1516  vacancy during the period of suspension. The secretary shall
 1517  cause the association to retain a director’s written
 1518  certification and or educational certificate for inspection by
 1519  the members for 7 5 years after a director’s election or the
 1520  duration of the director’s uninterrupted tenure, whichever is
 1521  longer. Failure to have such written certification and or
 1522  educational certificate on file does not affect the validity of
 1523  any board action.
 1524         c. Any challenge to the election process must be commenced
 1525  within 60 days after the election results are announced.
 1526         5. Any approval by unit owners called for by this chapter
 1527  or the applicable declaration or bylaws, including, but not
 1528  limited to, the approval requirement in s. 718.111(8), must be
 1529  made at a duly noticed meeting of unit owners and is subject to
 1530  all requirements of this chapter or the applicable condominium
 1531  documents relating to unit owner decisionmaking, except that
 1532  unit owners may take action by written agreement, without
 1533  meetings, on matters for which action by written agreement
 1534  without meetings is expressly allowed by the applicable bylaws
 1535  or declaration or any law that provides for such action.
 1536         6. Unit owners may waive notice of specific meetings if
 1537  allowed by the applicable bylaws or declaration or any law.
 1538  Notice of meetings of the board of administration; unit owner
 1539  meetings, except unit owner meetings called to recall board
 1540  members under paragraph (l); and committee meetings may be given
 1541  by electronic transmission to unit owners who consent to receive
 1542  notice by electronic transmission. A unit owner who consents to
 1543  receiving notices by electronic transmission is solely
 1544  responsible for removing or bypassing filters that block receipt
 1545  of mass e-mails sent to members on behalf of the association in
 1546  the course of giving electronic notices.
 1547         7. Unit owners have the right to participate in meetings of
 1548  unit owners with reference to all designated agenda items.
 1549  However, the association may adopt reasonable rules governing
 1550  the frequency, duration, and manner of unit owner participation.
 1551         8. A unit owner may tape record or videotape a meeting of
 1552  the unit owners subject to reasonable rules adopted by the
 1553  division.
 1554         9. Unless otherwise provided in the bylaws, any vacancy
 1555  occurring on the board before the expiration of a term may be
 1556  filled by the affirmative vote of the majority of the remaining
 1557  directors, even if the remaining directors constitute less than
 1558  a quorum, or by the sole remaining director. In the alternative,
 1559  a board may hold an election to fill the vacancy, in which case
 1560  the election procedures must conform to sub-subparagraph 4.a.
 1561  unless the association governs 10 units or fewer and has opted
 1562  out of the statutory election process, in which case the bylaws
 1563  of the association control. Unless otherwise provided in the
 1564  bylaws, a board member appointed or elected under this section
 1565  shall fill the vacancy for the unexpired term of the seat being
 1566  filled. Filling vacancies created by recall is governed by
 1567  paragraph (l) and rules adopted by the division.
 1568         10. This chapter does not limit the use of general or
 1569  limited proxies, require the use of general or limited proxies,
 1570  or require the use of a written ballot or voting machine for any
 1571  agenda item or election at any meeting of a timeshare
 1572  condominium association or nonresidential condominium
 1573  association.
 1574  
 1575  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1576  association of 10 or fewer units may, by affirmative vote of a
 1577  majority of the total voting interests, provide for different
 1578  voting and election procedures in its bylaws, which may be by a
 1579  proxy specifically delineating the different voting and election
 1580  procedures. The different voting and election procedures may
 1581  provide for elections to be conducted by limited or general
 1582  proxy.
 1583         (f) Annual budget.—
 1584         1. The proposed annual budget of estimated revenues and
 1585  expenses must be detailed and must show the amounts budgeted by
 1586  accounts and expense classifications, including, at a minimum,
 1587  any applicable expenses listed in s. 718.504(21). The board
 1588  shall adopt the annual budget at least 14 days before the start
 1589  of the association’s fiscal year. In the event that the board
 1590  fails to timely adopt the annual budget a second time, it is
 1591  deemed a minor violation and the prior year’s budget shall
 1592  continue in effect until a new budget is adopted. A
 1593  multicondominium association must adopt a separate budget of
 1594  common expenses for each condominium the association operates
 1595  and must adopt a separate budget of common expenses for the
 1596  association. In addition, if the association maintains limited
 1597  common elements with the cost to be shared only by those
 1598  entitled to use the limited common elements as provided for in
 1599  s. 718.113(1), the budget or a schedule attached to it must show
 1600  the amount budgeted for this maintenance. If, after turnover of
 1601  control of the association to the unit owners, any of the
 1602  expenses listed in s. 718.504(21) are not applicable, they do
 1603  not need to be listed.
 1604         2.a. In addition to annual operating expenses, the budget
 1605  must include reserve accounts for capital expenditures and
 1606  planned deferred maintenance. These accounts must include, but
 1607  are not limited to, roof replacement, building painting, and
 1608  pavement resurfacing, regardless of the amount of planned
 1609  deferred maintenance expense or replacement cost, and any other
 1610  item that has a planned deferred maintenance expense or
 1611  replacement cost that exceeds $10,000. The amount to be reserved
 1612  must be computed using a formula based upon estimated remaining
 1613  useful life and estimated replacement cost or planned deferred
 1614  maintenance expense of the reserve item. In a budget adopted by
 1615  an association that is required to obtain a structural integrity
 1616  reserve study, reserves must be maintained for the items
 1617  identified in paragraph (g) for which the association is
 1618  responsible pursuant to the declaration of condominium, and the
 1619  reserve amount for such items must be based on the findings and
 1620  recommendations of the association’s most recent structural
 1621  integrity reserve study. With respect to items for which an
 1622  estimate of useful life is not readily ascertainable or with an
 1623  estimated remaining useful life of greater than 25 years, an
 1624  association is not required to reserve replacement costs for
 1625  such items, but an association must reserve the amount of
 1626  planned deferred maintenance expense, if any, which is
 1627  recommended by the structural integrity reserve study for such
 1628  items. The association may adjust replacement reserve
 1629  assessments annually to take into account an inflation
 1630  adjustment and any changes in estimates or extension of the
 1631  useful life of a reserve item caused by planned deferred
 1632  maintenance. The members of a unit-owner-controlled association
 1633  may determine, by a majority vote of the total voting interests
 1634  of the association, to provide no reserves or less reserves than
 1635  required by this subsection. For a budget adopted on or after
 1636  December 31, 2024, the members of a unit-owner-controlled
 1637  association that must obtain a structural integrity reserve
 1638  study may not determine to provide no reserves or less reserves
 1639  than required by this subsection for items listed in paragraph
 1640  (g), except that members of an association operating a
 1641  multicondominium may determine to provide no reserves or less
 1642  reserves than required by this subsection if an alternative
 1643  funding method has been approved by the division. Additionally,
 1644  members of an association may determine to provide no reserves
 1645  or less reserves than required by this subsection if the
 1646  condominium building or units are unsafe and uninhabitable due
 1647  to substantial damage or loss as determined by the local
 1648  enforcement agency, as defined in s. 553.71(5), and it is in the
 1649  best interests of the association to use revenues and existing
 1650  reserve funds to perform necessary repairs to make the building
 1651  or units safe and habitable, but an association may not opt for
 1652  such a waiver of reserve requirements after the building or
 1653  units have been declared safe for occupancy by the local
 1654  enforcement agency.
 1655         b. Before turnover of control of an association by a
 1656  developer to unit owners other than a developer under s.
 1657  718.301, the developer-controlled association may not vote to
 1658  waive the reserves or reduce funding of the reserves. If a
 1659  meeting of the unit owners has been called to determine whether
 1660  to waive or reduce the funding of reserves and no such result is
 1661  achieved or a quorum is not attained, the reserves included in
 1662  the budget shall go into effect. After the turnover, the
 1663  developer may vote its voting interest to waive or reduce the
 1664  funding of reserves.
 1665         3. Reserve funds and any interest or earnings accruing
 1666  thereon shall remain in the reserve account or accounts, and may
 1667  be used only for authorized reserve expenditures unless their
 1668  use for other purposes is approved in advance by a majority vote
 1669  of all the total voting interests of the association. Before
 1670  turnover of control of an association by a developer to unit
 1671  owners other than the developer pursuant to s. 718.301, the
 1672  developer-controlled association may not vote to use reserves
 1673  for purposes other than those for which they were intended. For
 1674  a budget adopted on or after December 31, 2024, members of a
 1675  unit-owner-controlled association that must obtain a structural
 1676  integrity reserve study may not vote to use reserve funds, or
 1677  any interest accruing thereon, for any other purpose other than
 1678  the replacement or planned deferred maintenance costs of the
 1679  components listed in paragraph (g).
 1680         4. The only voting interests that are eligible to vote on
 1681  questions that involve waiving or reducing the funding of
 1682  reserves, or using existing reserve funds for purposes other
 1683  than purposes for which the reserves were intended, are the
 1684  voting interests of the units subject to assessment to fund the
 1685  reserves in question. Proxy questions relating to waiving or
 1686  reducing the funding of reserves or using existing reserve funds
 1687  for purposes other than purposes for which the reserves were
 1688  intended must contain the following statement in capitalized,
 1689  bold letters in a font size larger than any other used on the
 1690  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1691  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1692  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1693  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1694         (g) Structural integrity reserve study.—
 1695         1. A residential condominium association must have a
 1696  structural integrity reserve study completed at least every 10
 1697  years after the condominium’s creation for each building on the
 1698  condominium property that is three stories or higher in height,
 1699  as determined by the Florida Building Code, which includes, at a
 1700  minimum, a study of the following items as related to the
 1701  structural integrity and safety of the building:
 1702         a. Roof.
 1703         b. Structure, including load-bearing walls and other
 1704  primary structural members and primary structural systems as
 1705  those terms are defined in s. 627.706.
 1706         c. Fireproofing and fire protection systems.
 1707         d. Plumbing.
 1708         e. Electrical systems.
 1709         f. Waterproofing and exterior painting.
 1710         g. Windows and exterior doors.
 1711         h. Any other item that has a planned deferred maintenance
 1712  expense or replacement cost that exceeds $10,000 and the failure
 1713  to replace or maintain such item negatively affects the items
 1714  listed in sub-subparagraphs a.-g., as determined by the visual
 1715  inspection portion of the structural integrity reserve study.
 1716         2. A structural integrity reserve study is based on a
 1717  visual inspection of the condominium property. A structural
 1718  integrity reserve study may be performed by any person qualified
 1719  to perform such study. However, the visual inspection portion of
 1720  the structural integrity reserve study must be performed or
 1721  verified by an engineer licensed under chapter 471, an architect
 1722  licensed under chapter 481, or a person certified as a reserve
 1723  specialist or professional reserve analyst by the Community
 1724  Associations Institute or the Association of Professional
 1725  Reserve Analysts.
 1726         3. At a minimum, a structural integrity reserve study must
 1727  identify each item of the condominium property being visually
 1728  inspected, state the estimated remaining useful life and the
 1729  estimated replacement cost or planned deferred maintenance
 1730  expense of each item of the condominium property being visually
 1731  inspected, and provide a reserve funding schedule with a
 1732  recommended annual reserve amount that achieves the estimated
 1733  replacement cost or planned deferred maintenance expense of each
 1734  item of condominium property being visually inspected by the end
 1735  of the estimated remaining useful life of the item. The
 1736  structural integrity reserve study may recommend that reserves
 1737  do not need to be maintained for any item for which an estimate
 1738  of useful life and an estimate of replacement cost cannot be
 1739  determined, or the study may recommend a planned deferred
 1740  maintenance expense amount for such item. The structural
 1741  integrity reserve study may recommend that reserves for
 1742  replacement costs do not need to be maintained for any item with
 1743  an estimated remaining useful life of greater than 25 years, but
 1744  the study may recommend a planned deferred maintenance expense
 1745  amount for such item. If the condominium building or units are
 1746  unsafe and uninhabitable due to substantial damage or loss as
 1747  determined by the local enforcement agency, as defined in s.
 1748  533.71(5), and it is in the best interests of the association to
 1749  use revenues and existing reserve funds to perform necessary
 1750  repairs to make the building safe and habitable, the structural
 1751  integrity reserve study may recommend a temporary pause in
 1752  reserve funding or reduced reserve funding, but the association
 1753  may not pause reserve funding after the building has been
 1754  declared safe for occupancy by the local enforcement agency.
 1755         4. This paragraph does not apply to buildings less than
 1756  three stories in height; single-family, two-family, or three
 1757  family dwellings with three or fewer habitable stories above
 1758  ground; any portion or component of a building that has not been
 1759  submitted to the condominium form of ownership; or any portion
 1760  or component of a building that is maintained by a party other
 1761  than the association.
 1762         5. Before a developer turns over control of an association
 1763  to unit owners other than the developer, the developer must have
 1764  a turnover inspection report in compliance with s. 718.301(4)(p)
 1765  and (q) for each building on the condominium property that is
 1766  three stories or higher in height.
 1767         6. Associations existing on or before July 1, 2022, which
 1768  are controlled by unit owners other than the developer, must
 1769  have a structural integrity reserve study completed by December
 1770  31, 2024, for each building on the condominium property that is
 1771  three stories or higher in height, except that the structural
 1772  integrity reserve study may be completed after December 31,
 1773  2024, if the association has entered into a contract for the
 1774  performance of a structural integrity reserve study and the
 1775  study cannot reasonably be performed or completed by December
 1776  31, 2024. An association that is required to complete a
 1777  milestone inspection in accordance with s. 553.899 on or before
 1778  December 31, 2026, may complete the structural integrity reserve
 1779  study simultaneously with the milestone inspection. In no event
 1780  may the structural integrity reserve study be completed after
 1781  December 31, 2026.
 1782         7. If the milestone inspection required by s. 553.899, or
 1783  an inspection completed for a similar local requirement, was
 1784  performed within the past 5 years and meets the requirements of
 1785  this paragraph, such inspection may be used in place of the
 1786  visual inspection portion of the structural integrity reserve
 1787  study.
 1788         8. If the officers or directors of an association willfully
 1789  and knowingly fail to complete a structural integrity reserve
 1790  study pursuant to this paragraph, such failure is a breach of an
 1791  officer’s and director’s fiduciary relationship to the unit
 1792  owners under s. 718.111(1).
 1793         9. Within 45 days after receiving the structural integrity
 1794  reserve study, the association must distribute a copy of the
 1795  study to each unit owner or deliver to each unit owner a notice
 1796  that the completed study is available for inspection and copying
 1797  upon a written request. Distribution of a copy of the study or
 1798  notice must be made by United States mail or personal delivery
 1799  at the mailing address, property address, or any other address
 1800  of the owner provided to fulfill the association’s notice
 1801  requirements under this chapter, or by electronic transmission
 1802  to the e-mail address or facsimile number provided to fulfill
 1803  the association’s notice requirements to unit owners who
 1804  previously consented to receive notice by electronic
 1805  transmission.
 1806         (i) Assessments.—
 1807         1. The manner of collecting from the unit owners their
 1808  shares of the common expenses shall be stated in the bylaws.
 1809  Assessments shall be made against units not less frequently than
 1810  quarterly in an amount which is not less than that required to
 1811  provide funds in advance for payment of all of the anticipated
 1812  current operating expenses and for all of the unpaid operating
 1813  expenses previously incurred. Nothing in this paragraph shall
 1814  preclude the right of an association to accelerate assessments
 1815  of an owner delinquent in payment of common expenses.
 1816  Accelerated assessments shall be due and payable on the date the
 1817  claim of lien is filed. Such accelerated assessments shall
 1818  include the amounts due for the remainder of the budget year in
 1819  which the claim of lien was filed.
 1820         2.a. In lieu of a special assessment to fund needed repair,
 1821  maintenance, or replacement of a building component recommended
 1822  by a milestone inspection required under s. 553.899 or a similar
 1823  local inspection requirement or a structural integrity reserve
 1824  study, or unanticipated repairs, the board of a unit-owner
 1825  controlled association may approve contingent special
 1826  assessments against each unit to secure a line of credit for the
 1827  association to provide available funding to pay for such repair,
 1828  maintenance, or replacement. The approved line of credit must be
 1829  made available to the board for the funding of the needed
 1830  repair, maintenance, or replacement. The association must record
 1831  a declaration of special assessments evidencing the levy of such
 1832  special assessments in the public records.
 1833         b.Funding from the line of credit must be immediately
 1834  available for access by the board to fund required repair,
 1835  maintenance, or replacement expenses without further approval by
 1836  the members of the association. At the option of a unit owner,
 1837  the special assessment may be paid in full at the time it
 1838  becomes due or the payment may be amortized over a term of years
 1839  as provided for by the line of credit. However, a unit owner may
 1840  pay the remaining balance of the special assessment at any time
 1841  during the amortization period.
 1842         c. For a budget adopted on or before December 31, 2029, an
 1843  association may secure a line of credit and assess a contingent
 1844  special assessment as provided in this subparagraph to meet the
 1845  reserve funding schedule recommended by the structural integrity
 1846  reserve study.
 1847         d. Except as authorized by sub-subparagraph c., a line of
 1848  credit and contingent special assessment in this paragraph may
 1849  not be used as an alternative to the association’s reserve
 1850  funding requirements in paragraph (f).
 1851         (q) Director or officer offenses.—
 1852         1. A director or an officer charged by information or
 1853  indictment with any of the following crimes is deemed removed
 1854  from office and a vacancy declared:
 1855         a.Forgery of a ballot envelope or voting certificate used
 1856  in a condominium association election as provided in s. 831.01.
 1857         b.Theft or embezzlement involving the association’s funds
 1858  or property as provided in s. 812.014.
 1859         c.Destruction of, or the refusal to allow inspection or
 1860  copying of, an official record of a condominium association
 1861  which is accessible to unit owners within the time periods
 1862  required by general law, in furtherance of any crime. Such act
 1863  constitutes tampering with physical evidence as provided in s.
 1864  918.13.
 1865         d.Obstruction of justice under chapter 843.
 1866         e. Any criminal violation under this chapter.
 1867         2. The board shall fill the vacancy in accordance with
 1868  paragraph (2)(d) a felony theft or embezzlement offense
 1869  involving the association’s funds or property must be removed
 1870  from office, creating a vacancy in the office to be filled
 1871  according to law until the end of the period of the suspension
 1872  or the end of the director’s term of office, whichever occurs
 1873  first. While such director or officer has such criminal charge
 1874  pending, he or she may not be appointed or elected to a position
 1875  as a director or an officer of any association and may not have
 1876  access to the official records of any association, except
 1877  pursuant to a court order. However, if the charges are resolved
 1878  without a finding of guilt, the director or officer shall be
 1879  reinstated for the remainder of his or her term of office, if
 1880  any.
 1881         (r) Fraudulent voting activities relating to association
 1882  elections; penalties.
 1883         1. A person who engages in the following acts of fraudulent
 1884  voting activity relating to association elections commits a
 1885  misdemeanor of the first degree, punishable as provided in s.
 1886  775.082 or s. 775.083:
 1887         a. Willfully and falsely swearing to or affirming an oath
 1888  or affirmation, or willfully procuring another person to falsely
 1889  swear to or affirm an oath or affirmation, in connection with or
 1890  arising out of voting activities.
 1891         b. Perpetrating or attempting to perpetrate, or aiding in
 1892  the perpetration of, fraud in connection with a vote cast, to be
 1893  cast, or attempted to be cast.
 1894         c. Preventing a member from voting or preventing a member
 1895  from voting as he or she intended by fraudulently changing or
 1896  attempting to change a ballot, ballot envelope, vote, or voting
 1897  certificate of the member.
 1898         d. Menacing, threatening, or using bribery or any other
 1899  corruption to attempt, directly or indirectly, to influence,
 1900  deceive, or deter a member when the member is voting.
 1901         e. Giving or promising, directly or indirectly, anything of
 1902  value to another member with the intent to buy the vote of that
 1903  member or another member or to corruptly influence that member
 1904  or another member in casting his or her vote. This subsection
 1905  does not apply to any food served which is to be consumed at an
 1906  election rally or a meeting or to any item of nominal value
 1907  which is used as an election advertisement, including a campaign
 1908  message designed to be worn by a member.
 1909         f. Using or threatening to use, directly or indirectly,
 1910  force, violence, or intimidation or any tactic of coercion or
 1911  intimidation to induce or compel a member to vote or refrain
 1912  from voting in an election or on a particular ballot measure.
 1913         2. Each of the following acts constitutes a misdemeanor of
 1914  the first degree, punishable as provided in s. 775.082 or s.
 1915  775.083:
 1916         a. Knowingly aiding, abetting, or advising a person in the
 1917  commission of a fraudulent voting activity related to
 1918  association elections.
 1919         b. Agreeing, conspiring, combining, or confederating with
 1920  at least one other person to commit a fraudulent voting activity
 1921  related to association elections.
 1922         c. Having knowledge of a fraudulent voting activity related
 1923  to association elections and giving any aid to the offender with
 1924  intent that the offender avoid or escape detection, arrest,
 1925  trial, or punishment.
 1926  
 1927  This subparagraph does not apply to a licensed attorney giving
 1928  legal advice to a client.
 1929         3. Any person charged by information or indictment for any
 1930  of the crimes in this paragraph shall be deemed removed from
 1931  office and a vacancy declared.
 1932         Section 9. Subsection (5) of section 718.113, Florida
 1933  Statutes, is amended to read:
 1934         718.113 Maintenance; limitation upon improvement; display
 1935  of flag; hurricane shutters and protection; display of religious
 1936  decorations.—
 1937         (5) To protect the health, safety, and welfare of the
 1938  people of this state and to ensure uniformity and consistency in
 1939  the hurricane protections installed by condominium associations
 1940  and unit owners, this subsection applies to all residential and
 1941  mixed-use condominiums in this state, regardless of when the
 1942  condominium is created pursuant to the declaration of
 1943  condominium. Each board of administration of a residential
 1944  condominium or mixed-use condominium shall adopt hurricane
 1945  protection shutter specifications for each building within each
 1946  condominium operated by the association which may shall include
 1947  color, style, and other factors deemed relevant by the board.
 1948  All specifications adopted by the board must comply with the
 1949  applicable building code. The installation, maintenance, repair,
 1950  replacement, and operation of hurricane protection in accordance
 1951  with this subsection is not considered a material alteration or
 1952  substantial addition to the common elements or association
 1953  property within the meaning of this section.
 1954         (a) The board may, subject to s. 718.3026 and the approval
 1955  of a majority of voting interests of the residential condominium
 1956  or mixed-use condominium, install or require that unit owners
 1957  install hurricane shutters, impact glass, code-compliant windows
 1958  or doors, or other types of code-compliant hurricane protection
 1959  that complies comply with or exceeds exceed the applicable
 1960  building code. A vote of the unit owners to require the
 1961  installation of hurricane protection must be set forth in a
 1962  certificate attesting to such vote and include the date that the
 1963  hurricane protection must be installed. The board must record
 1964  the certificate in the public records of the county where the
 1965  condominium is located. The certificate must include the
 1966  recording data identifying the declaration of condominium and
 1967  must be executed in the form required for the execution of a
 1968  deed. Once the certificate is recorded, the board must mail or
 1969  hand deliver a copy of the recorded certificate to the unit
 1970  owners at the owners’ addresses, as reflected in the records of
 1971  the association. The board may provide a copy of the recorded
 1972  certificate by electronic transmission to unit owners who
 1973  previously consented to receive notice by electronic
 1974  transmission. The failure to record the certificate or send a
 1975  copy of the recorded certificate to the unit owners does not
 1976  affect the validity or enforceability of the vote of the unit
 1977  owners. However, A vote of the unit owners under this paragraph
 1978  is not required if the installation, maintenance, repair, and
 1979  replacement of the hurricane shutters, impact glass, code
 1980  compliant windows or doors, or other types of code-compliant
 1981  hurricane protection, or any exterior windows, doors, or other
 1982  apertures protected by the hurricane protection, is are the
 1983  responsibility of the association pursuant to the declaration of
 1984  condominium as originally recorded or as amended, or if the unit
 1985  owners are required to install hurricane protection pursuant to
 1986  the declaration of condominium as originally recorded or as
 1987  amended. If hurricane protection or laminated glass or window
 1988  film architecturally designed to function as hurricane
 1989  protection that complies with or exceeds the current applicable
 1990  building code has been previously installed, the board may not
 1991  install the same type of hurricane shutters, impact glass, code
 1992  compliant windows or doors, or other types of code-compliant
 1993  hurricane protection or require that unit owners install the
 1994  same type of hurricane protection unless the installed hurricane
 1995  protection has reached the end of its useful life or unless it
 1996  is necessary to prevent damage to the common elements or to a
 1997  unit except upon approval by a majority vote of the voting
 1998  interests.
 1999         (b)The association is responsible for the maintenance,
 2000  repair, and replacement of the hurricane shutters, impact glass,
 2001  code-compliant windows or doors, or other types of code
 2002  compliant hurricane protection authorized by this subsection if
 2003  such property is the responsibility of the association pursuant
 2004  to the declaration of condominium. If the hurricane shutters,
 2005  impact glass, code-compliant windows or doors, or other types of
 2006  code-compliant hurricane protection are the responsibility of
 2007  the unit owners pursuant to the declaration of condominium, the
 2008  maintenance, repair, and replacement of such items are the
 2009  responsibility of the unit owner.
 2010         (b)(c) The board may operate shutters, impact glass, code
 2011  compliant windows or doors, or other types of code-compliant
 2012  hurricane protection installed pursuant to this subsection
 2013  without permission of the unit owners only if such operation is
 2014  necessary to preserve and protect the condominium property or
 2015  and association property. The installation, replacement,
 2016  operation, repair, and maintenance of such shutters, impact
 2017  glass, code-compliant windows or doors, or other types of code
 2018  compliant hurricane protection in accordance with the procedures
 2019  set forth in this paragraph are not a material alteration to the
 2020  common elements or association property within the meaning of
 2021  this section.
 2022         (c)(d) Notwithstanding any other provision in the
 2023  residential condominium or mixed-use condominium documents, if
 2024  approval is required by the documents, a board may not refuse to
 2025  approve the installation or replacement of hurricane shutters,
 2026  impact glass, code-compliant windows or doors, or other types of
 2027  code-compliant hurricane protection by a unit owner which
 2028  conforms conforming to the specifications adopted by the board.
 2029  However, a board may require the unit owner to adhere to an
 2030  existing unified building scheme regarding the external
 2031  appearance of the condominium.
 2032         (d)A unit owner is not responsible for the cost of any
 2033  removal or reinstallation of hurricane protection, and any
 2034  exterior window, door, or other aperture protected by the
 2035  hurricane protection, if its removal is necessary for the
 2036  maintenance, repair, or replacement of other condominium
 2037  property or association property for which the association is
 2038  responsible. The board shall determine if the removal or
 2039  reinstallation of hurricane protection must be completed by the
 2040  unit owner or the association. If such removal or reinstallation
 2041  is completed by the association, the costs incurred by the
 2042  association may not be charged to the unit owner. If such
 2043  removal or installation is completed by the unit owner, the
 2044  association must reimburse the unit owner for the cost of the
 2045  removal or installation or the association must apply the unit
 2046  owner’s cost of removal or installation as a credit toward
 2047  future assessments.
 2048         (e) If the removal or installation of hurricane protection
 2049  or of any exterior windows, doors, or other apertures protected
 2050  by the hurricane protection are the responsibility of the unit
 2051  owner, such removal or installation is completed by the
 2052  association, and the association then charges the unit owner for
 2053  such removal or installation, such charges are enforceable as an
 2054  assessment and may be collected in the manner provided under s.
 2055  718.116.
 2056         Section 10. Paragraph (e) of subsection (1) of section
 2057  718.115, Florida Statutes, is amended to read:
 2058         718.115 Common expenses and common surplus.—
 2059         (1)
 2060         (e)1.Except as provided in s. 718.113(5)(d) The expense of
 2061  installation, replacement, operation, repair, and maintenance of
 2062  hurricane shutters, impact glass, code-compliant windows or
 2063  doors, or other types of code-compliant hurricane protection by
 2064  the board pursuant to s. 718.113(5) constitutes a common expense
 2065  and shall be collected as provided in this section if the
 2066  association is responsible for the maintenance, repair, and
 2067  replacement of the hurricane shutters, impact glass, code
 2068  compliant windows or doors, or other types of code-compliant
 2069  hurricane protection pursuant to the declaration of condominium.
 2070  However, if the installation of maintenance, repair, and
 2071  replacement of the hurricane shutters, impact glass, code
 2072  compliant windows or doors, or other types of code-compliant
 2073  hurricane protection is are the responsibility of the unit
 2074  owners pursuant to the declaration of condominium or a vote of
 2075  the unit owners under s. 718.113(5), the cost of the
 2076  installation of the hurricane shutters, impact glass, code
 2077  compliant windows or doors, or other types of code-compliant
 2078  hurricane protection by the association is not a common expense
 2079  and must shall be charged individually to the unit owners based
 2080  on the cost of installation of the hurricane shutters, impact
 2081  glass, code-compliant windows or doors, or other types of code
 2082  compliant hurricane protection appurtenant to the unit. The
 2083  costs of installation of hurricane protection are enforceable as
 2084  an assessment and may be collected in the manner provided under
 2085  s. 718.116.
 2086         2. Notwithstanding s. 718.116(9), and regardless of whether
 2087  or not the declaration requires the association or unit owners
 2088  to install, maintain, repair, or replace hurricane shutters,
 2089  impact glass, code-compliant windows or doors, or other types of
 2090  code-compliant hurricane protection, the a unit owner of a unit
 2091  where who has previously installed hurricane shutters in
 2092  accordance with s. 718.113(5) that comply with the current
 2093  applicable building code shall receive a credit when the
 2094  shutters are installed; a unit owner who has previously
 2095  installed impact glass or code-compliant windows or doors that
 2096  comply with the current applicable building code shall receive a
 2097  credit when the impact glass or code-compliant windows or doors
 2098  are installed; and a unit owner who has installed other types of
 2099  code-compliant hurricane protection that complies comply with
 2100  the current applicable building code has been installed is
 2101  excused from any assessment levied by the association or shall
 2102  receive a credit if when the same type of other code-compliant
 2103  hurricane protection is installed by the association, and the
 2104  credit shall be equal to the pro rata portion of the assessed
 2105  installation cost assigned to each unit. A credit is applicable
 2106  if the installation of hurricane protection is for all other
 2107  units that do not have hurricane protection and the cost of such
 2108  installation is funded by the association’s budget, including
 2109  the use of reserve funds. The credit must be equal to the amount
 2110  that the unit owner would have been assessed to install the
 2111  hurricane protection. However, such unit owner remains
 2112  responsible for the pro rata share of expenses for hurricane
 2113  shutters, impact glass, code-compliant windows or doors, or
 2114  other types of code-compliant hurricane protection installed on
 2115  common elements and association property by the board pursuant
 2116  to s. 718.113(5) and remains responsible for a pro rata share of
 2117  the expense of the replacement, operation, repair, and
 2118  maintenance of such shutters, impact glass, code-compliant
 2119  windows or doors, or other types of code-compliant hurricane
 2120  protection. Expenses for the installation, replacement,
 2121  operation, repair, or maintenance of hurricane protection on
 2122  common elements and association property are common expenses.
 2123         Section 11. Paragraph (a) of subsection (8) of section
 2124  718.116, Florida Statutes, is amended to read
 2125         718.116 Assessments; liability; lien and priority;
 2126  interest; collection.—
 2127         (8) Within 10 business days after receiving a written or
 2128  electronic request therefor from a unit owner or the unit
 2129  owner’s designee, or a unit mortgagee or the unit mortgagee’s
 2130  designee, the association shall issue the estoppel certificate.
 2131  Each association shall designate on its website a person or
 2132  entity with a street or e-mail address for receipt of a request
 2133  for an estoppel certificate issued pursuant to this section. The
 2134  estoppel certificate must be provided by hand delivery, regular
 2135  mail, or e-mail to the requestor on the date of issuance of the
 2136  estoppel certificate.
 2137         (a) An estoppel certificate may be completed by any board
 2138  member, authorized agent, or authorized representative of the
 2139  association, including any authorized agent, authorized
 2140  representative, or employee of a management company authorized
 2141  to complete this form on behalf of the board or association. The
 2142  estoppel certificate must contain all of the following
 2143  information and must be substantially in the following form:
 2144         1. Date of issuance:....
 2145         2. Name(s) of the unit owner(s) as reflected in the books
 2146  and records of the association:....
 2147         3. Unit designation and address:....
 2148         4. Parking or garage space number, as reflected in the
 2149  books and records of the association:....
 2150         5. Attorney’s name and contact information if the account
 2151  is delinquent and has been turned over to an attorney for
 2152  collection. No fee may be charged for this information.
 2153         6. Fee for the preparation and delivery of the estoppel
 2154  certificate:....
 2155         7. Name of the requestor:....
 2156         8. Assessment information and other information:
 2157  
 2158                       ASSESSMENT INFORMATION:                     
 2159  
 2160         a. The regular periodic assessment levied against the unit
 2161  is $.... per ...(insert frequency of payment)....
 2162         b. The regular periodic assessment is paid through
 2163  ...(insert date paid through)....
 2164         c. The next installment of the regular periodic assessment
 2165  is due ...(insert due date)... in the amount of $.....
 2166         d. An itemized list of all assessments, special
 2167  assessments, and other moneys owed on the date of issuance to
 2168  the association by the unit owner for a specific unit is
 2169  provided.
 2170         e. An itemized list of any additional assessments, special
 2171  assessments, contingent special assessments, and other moneys
 2172  that are scheduled to become due for each day after the date of
 2173  issuance for the effective period of the estoppel certificate is
 2174  provided. In calculating the amounts that are scheduled to
 2175  become due, the association may assume that any delinquent
 2176  amounts will remain delinquent during the effective period of
 2177  the estoppel certificate.
 2178         f. Any line of credit for which a contingent special
 2179  assessment may be imposed.
 2180  
 2181                         OTHER INFORMATION:                        
 2182  
 2183         g.f. Is there a capital contribution fee, resale fee,
 2184  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
 2185  specify the type and the amount of the fee.
 2186         h.g. Is there any open violation of rule or regulation
 2187  noticed to the unit owner in the association official records?
 2188  ....(Yes) ....(No).
 2189         i.h. Do the rules and regulations of the association
 2190  applicable to the unit require approval by the board of
 2191  directors of the association for the transfer of the unit?
 2192  ....(Yes) ....(No). If yes, has the board approved the transfer
 2193  of the unit? ....(Yes) ....(No).
 2194         j.i. Is there a right of first refusal provided to the
 2195  members or the association? ....(Yes) ....(No). If yes, have the
 2196  members or the association exercised that right of first
 2197  refusal? ....(Yes) ....(No).
 2198         k.j. Provide a list of, and contact information for, all
 2199  other associations of which the unit is a member.
 2200         l.k. Provide contact information for all insurance
 2201  maintained by the association.
 2202         m.l. Provide the signature of an officer or authorized
 2203  agent of the association.
 2204  
 2205  The association, at its option, may include additional
 2206  information in the estoppel certificate.
 2207         Section 12. Paragraph (a) of subsection (4) of section
 2208  718.121, Florida Statutes, is amended to read:
 2209         718.121 Liens.—
 2210         (4)(a) If an association sends out an invoice for
 2211  assessments or a unit’s statement of the account described in s.
 2212  718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
 2213  assessments or the unit’s statement of account must be delivered
 2214  to the unit owner by first-class United States mail or by
 2215  electronic transmission to the unit owner’s e-mail address
 2216  maintained in the association’s official records.
 2217         Section 13. Section 718.1224, Florida Statutes, is amended
 2218  to read:
 2219         718.1224 Prohibition against SLAPP suits; other prohibited
 2220  actions.—
 2221         (1) It is the intent of the Legislature to protect the
 2222  right of condominium unit owners to exercise their rights to
 2223  instruct their representatives and petition for redress of
 2224  grievances before their condominium association and the various
 2225  governmental entities of this state as protected by the First
 2226  Amendment to the United States Constitution and s. 5, Art. I of
 2227  the State Constitution. The Legislature recognizes that
 2228  strategic lawsuits against public participation, or “SLAPP
 2229  suits,” as they are typically referred to, have occurred when
 2230  association members are sued by condominium associations,
 2231  individuals, business entities, or governmental entities arising
 2232  out of a condominium unit owner’s appearance and presentation
 2233  before the board of the condominium association or a
 2234  governmental entity on matters related to the condominium
 2235  association. However, it is the public policy of this state that
 2236  condominium associations, governmental entities, business
 2237  organizations, and individuals not engage in SLAPP suits,
 2238  because such actions are inconsistent with the right of
 2239  condominium unit owners to participate in their condominium
 2240  association and in the state’s institutions of government.
 2241  Therefore, the Legislature finds and declares that prohibiting
 2242  such lawsuits by condominium associations, governmental
 2243  entities, business entities, and individuals against condominium
 2244  unit owners who address matters concerning their condominium
 2245  association will preserve this fundamental state policy,
 2246  preserve the constitutional rights of condominium unit owners,
 2247  and ensure the continuation of representative government in this
 2248  state, and ensure unit owner participation in condominium
 2249  associations. It is the intent of the Legislature that such
 2250  lawsuits be expeditiously disposed of by the courts. As used in
 2251  this subsection, the term “governmental entity” means the state,
 2252  including the executive, legislative, and judicial branches of
 2253  government; law enforcement agencies; the independent
 2254  establishments of the state, counties, municipalities,
 2255  districts, authorities, boards, or commissions; or any agencies
 2256  of these branches that are subject to chapter 286.
 2257         (2) A condominium association, governmental entity,
 2258  business organization, or individual in this state may not file
 2259  or cause to be filed through its employees or agents any
 2260  lawsuit, cause of action, claim, cross-claim, or counterclaim
 2261  against a condominium unit owner without merit and solely
 2262  because such condominium unit owner has exercised the right to
 2263  instruct his or her representatives or the right to petition for
 2264  redress of grievances before the condominium association or the
 2265  various governmental entities of this state, as protected by the
 2266  First Amendment to the United States Constitution and s. 5, Art.
 2267  I of the State Constitution.
 2268         (3) A condominium association may not fine,
 2269  discriminatorily increase a unit owner’s assessments or
 2270  discriminatorily decrease services to a unit owner, or bring or
 2271  threaten to bring an action for possession or other civil
 2272  action, including a defamation, libel, slander, or tortious
 2273  interference action, based on conduct described in paragraphs
 2274  (a) through (f). In order for the unit owner to raise the
 2275  defense of retaliatory conduct, the unit owner must have acted
 2276  in good faith and not for any improper purposes, such as to
 2277  harass or to cause unnecessary delay or for frivolous purpose or
 2278  needless increase in the cost of litigation. Examples of conduct
 2279  for which a condominium association, officer, director, or agent
 2280  of an association may not retaliate include, but are not limited
 2281  to, situations where:
 2282         (a) The unit owner has in good faith complained to a
 2283  governmental agency charged with responsibility for enforcement
 2284  of a building, housing, or health code of a suspected violation
 2285  applicable to the condominium;
 2286         (b) The unit owner has organized, encouraged, or
 2287  participated in a unit owners’ organization;
 2288         (c) The unit owner submitted information or filed a
 2289  complaint alleging criminal violations or violations of this
 2290  chapter or the rules of the division with the division, the
 2291  Office of the Condominium Ombudsman, a law enforcement agency, a
 2292  state attorney, the Attorney General, or any other governmental
 2293  agency;
 2294         (d) The unit owner has exercised his or her rights under
 2295  this chapter;
 2296         (e) The unit owner has complained to the association or any
 2297  of its representatives for their failure to comply with this
 2298  chapter or chapter 617; or
 2299         (f) The unit owner has made public statements critical of
 2300  the operation or management of the association.
 2301         (4) Evidence of retaliatory conduct may be raised by the
 2302  unit owner as a defense in any action brought against him or her
 2303  for possession.
 2304         (5) A condominium unit owner sued by a condominium
 2305  association, governmental entity, business organization, or
 2306  individual in violation of this section has a right to an
 2307  expeditious resolution of a claim that the suit is in violation
 2308  of this section. A condominium unit owner may petition the court
 2309  for an order dismissing the action or granting final judgment in
 2310  favor of that condominium unit owner. The petitioner may file a
 2311  motion for summary judgment, together with supplemental
 2312  affidavits, seeking a determination that the condominium
 2313  association’s, governmental entity’s, business organization’s,
 2314  or individual’s lawsuit has been brought in violation of this
 2315  section. The condominium association, governmental entity,
 2316  business organization, or individual shall thereafter file its
 2317  response and any supplemental affidavits. As soon as
 2318  practicable, the court shall set a hearing on the petitioner’s
 2319  motion, which shall be held at the earliest possible time after
 2320  the filing of the condominium association’s, governmental
 2321  entity’s, business organization’s, or individual’s response. The
 2322  court may award the condominium unit owner sued by the
 2323  condominium association, governmental entity, business
 2324  organization, or individual actual damages arising from the
 2325  condominium association’s, governmental entity’s, individual’s,
 2326  or business organization’s violation of this section. A court
 2327  may treble the damages awarded to a prevailing condominium unit
 2328  owner and shall state the basis for the treble damages award in
 2329  its judgment. The court shall award the prevailing party
 2330  reasonable attorney’s fees and costs incurred in connection with
 2331  a claim that an action was filed in violation of this section.
 2332         (6)(4) Condominium associations may not expend association
 2333  funds in prosecuting a SLAPP suit against a condominium unit
 2334  owner.
 2335         (7Condominium associations may not expend association
 2336  funds in support of a defamation, libel, slander, or tortious
 2337  interference action against a unit owner or any other claim
 2338  against a unit owner based on conduct described in paragraphs
 2339  (3)(a)-(f).
 2340         Section 14. Section 718.128, Florida Statutes, is amended
 2341  to read:
 2342         718.128 Electronic voting.—The association may conduct
 2343  elections and other unit owner votes through an Internet-based
 2344  online voting system if a unit owner consents, electronically or
 2345  in writing, to online voting and if the following requirements
 2346  are met:
 2347         (1) The association provides each unit owner with:
 2348         (a) A method to authenticate the unit owner’s identity to
 2349  the online voting system.
 2350         (b) For elections of the board, a method to transmit an
 2351  electronic ballot to the online voting system that ensures the
 2352  secrecy and integrity of each ballot.
 2353         (c) A method to confirm, at least 14 days before the voting
 2354  deadline, that the unit owner’s electronic device can
 2355  successfully communicate with the online voting system.
 2356         (2) The association uses an online voting system that is:
 2357         (a) Able to authenticate the unit owner’s identity.
 2358         (b) Able to authenticate the validity of each electronic
 2359  vote to ensure that the vote is not altered in transit.
 2360         (c) Able to transmit a receipt from the online voting
 2361  system to each unit owner who casts an electronic vote.
 2362         (d) For elections of the board of administration, able to
 2363  permanently separate any authentication or identifying
 2364  information from the electronic election ballot, rendering it
 2365  impossible to tie an election ballot to a specific unit owner.
 2366         (e) Able to store and keep electronic votes accessible to
 2367  election officials for recount, inspection, and review purposes.
 2368         (3) A unit owner voting electronically pursuant to this
 2369  section shall be counted as being in attendance at the meeting
 2370  for purposes of determining a quorum. A substantive vote of the
 2371  unit owners may not be taken on any issue other than the issues
 2372  specifically identified in the electronic vote, when a quorum is
 2373  established based on unit owners voting electronically pursuant
 2374  to this section.
 2375         (4) This section applies to an association that provides
 2376  for and authorizes an online voting system pursuant to this
 2377  section by a board resolution. The board resolution must provide
 2378  that unit owners receive notice of the opportunity to vote
 2379  through an online voting system, must establish reasonable
 2380  procedures and deadlines for unit owners to consent,
 2381  electronically or in writing, to online voting, and must
 2382  establish reasonable procedures and deadlines for unit owners to
 2383  opt out of online voting after giving consent. Written notice of
 2384  a meeting at which the resolution will be considered must be
 2385  mailed, delivered, or electronically transmitted to the unit
 2386  owners and posted conspicuously on the condominium property or
 2387  association property at least 14 days before the meeting.
 2388  Evidence of compliance with the 14-day notice requirement must
 2389  be made by an affidavit executed by the person providing the
 2390  notice and filed with the official records of the association.
 2391         (5) A unit owner’s consent to online voting is valid until
 2392  the unit owner opts out of online voting according to the
 2393  procedures established by the board of administration pursuant
 2394  to subsection (4).
 2395         (6) This section may apply to any matter that requires a
 2396  vote of the unit owners who are not members of a timeshare
 2397  condominium association.
 2398         Section 15. Paragraph (p) of subsection (4) of section
 2399  718.301, Florida Statutes, is amended to read:
 2400         718.301 Transfer of association control; claims of defect
 2401  by association.—
 2402         (4) At the time that unit owners other than the developer
 2403  elect a majority of the members of the board of administration
 2404  of an association, the developer shall relinquish control of the
 2405  association, and the unit owners shall accept control.
 2406  Simultaneously, or for the purposes of paragraph (c) not more
 2407  than 90 days thereafter, the developer shall deliver to the
 2408  association, at the developer’s expense, all property of the
 2409  unit owners and of the association which is held or controlled
 2410  by the developer, including, but not limited to, the following
 2411  items, if applicable, as to each condominium operated by the
 2412  association:
 2413         (p) Notwithstanding when the certificate of occupancy was
 2414  issued or the height of the building, a turnover inspection
 2415  report included in the official records, under seal of an
 2416  architect or engineer authorized to practice in this state or a
 2417  person certified as a reserve specialist or professional reserve
 2418  analyst by the Community Associations Institute or the
 2419  Association of Professional Reserve Analysts, and consisting of
 2420  a structural integrity reserve study attesting to required
 2421  maintenance, condition, useful life, and replacement costs of
 2422  the following applicable condominium property:
 2423         1. Roof.
 2424         2. Structure, including load-bearing walls and primary
 2425  structural members and primary structural systems as those terms
 2426  are defined in s. 627.706.
 2427         3. Fireproofing and fire protection systems.
 2428         4. Plumbing.
 2429         5. Electrical systems.
 2430         6. Waterproofing and exterior painting.
 2431         7. Windows and exterior doors.
 2432         Section 16. Paragraph (a) of subsection (2) of section
 2433  718.3026, Florida Statutes, is amended to read:
 2434         718.3026 Contracts for products and services; in writing;
 2435  bids; exceptions.—Associations with 10 or fewer units may opt
 2436  out of the provisions of this section if two-thirds of the unit
 2437  owners vote to do so, which opt-out may be accomplished by a
 2438  proxy specifically setting forth the exception from this
 2439  section.
 2440         (2)(a) Notwithstanding the foregoing, contracts with
 2441  employees of the association, and contracts for attorney,
 2442  accountant, architect, community association manager, timeshare
 2443  management firm, engineering, registered investment adviser, and
 2444  landscape architect services are not subject to the provisions
 2445  of this section.
 2446         Section 17. Subsections (4) and (5) of section 718.3027,
 2447  Florida Statutes, are amended to read:
 2448         718.3027 Conflicts of interest.—
 2449         (4) A director or an officer, or a relative of a director
 2450  or an officer, who is a party to, or has an interest in, an
 2451  activity that is a possible conflict of interest, as described
 2452  in subsection (1), may attend the meeting at which the activity
 2453  is considered by the board and is authorized to make a
 2454  presentation to the board regarding the activity. After the
 2455  presentation, the director or officer, and any or the relative
 2456  of the director or officer, must leave the meeting during the
 2457  discussion of, and the vote on, the activity. A director or an
 2458  officer who is a party to, or has an interest in, the activity
 2459  must recuse himself or herself from the vote. The attendance of
 2460  a director with a possible conflict of interest at the meeting
 2461  of the board is sufficient to constitute a quorum for the
 2462  meeting and the vote in his or her absence on the proposed
 2463  activity.
 2464         (5) A contract entered into between a director or an
 2465  officer, or a relative of a director or an officer, and the
 2466  association, which is not a timeshare condominium association,
 2467  that has not been properly disclosed as a conflict of interest
 2468  or potential conflict of interest as required by this section or
 2469  s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
 2470  the filing of a written notice terminating the contract with the
 2471  board of directors which contains the consent of at least 20
 2472  percent of the voting interests of the association.
 2473         Section 18. Subsection (5) of section 718.303, Florida
 2474  Statutes, is amended to read:
 2475         718.303 Obligations of owners and occupants; remedies.—
 2476         (5) An association may suspend the voting rights of a unit
 2477  owner or member due to nonpayment of any fee, fine, or other
 2478  monetary obligation due to the association which is more than
 2479  $1,000 and more than 90 days delinquent. Proof of such
 2480  obligation must be provided to the unit owner or member 30 days
 2481  before such suspension takes effect. Notice of such obligation
 2482  must also be provided to the unit owner at least 90 days before
 2483  an election. A voting interest or consent right allocated to a
 2484  unit owner or member which has been suspended by the association
 2485  shall be subtracted from the total number of voting interests in
 2486  the association, which shall be reduced by the number of
 2487  suspended voting interests when calculating the total percentage
 2488  or number of all voting interests available to take or approve
 2489  any action, and the suspended voting interests shall not be
 2490  considered for any purpose, including, but not limited to, the
 2491  percentage or number of voting interests necessary to constitute
 2492  a quorum, the percentage or number of voting interests required
 2493  to conduct an election, or the percentage or number of voting
 2494  interests required to approve an action under this chapter or
 2495  pursuant to the declaration, articles of incorporation, or
 2496  bylaws. The suspension ends upon full payment of all obligations
 2497  currently due or overdue the association. The notice and hearing
 2498  requirements under subsection (3) do not apply to a suspension
 2499  imposed under this subsection.
 2500         Section 19. Subsections (1) and (2) of section 718.501,
 2501  Florida Statutes, are amended to read:
 2502         718.501 Authority, responsibility, and duties of Division
 2503  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2504         (1) The division may enforce and ensure compliance with
 2505  this chapter and rules relating to the development,
 2506  construction, sale, lease, ownership, operation, and management
 2507  of residential condominium units and complaints related to the
 2508  procedural completion of milestone inspections under s. 553.899.
 2509  In performing its duties, the division has complete jurisdiction
 2510  to investigate complaints and enforce compliance with respect to
 2511  associations that are still under developer control or the
 2512  control of a bulk assignee or bulk buyer pursuant to part VII of
 2513  this chapter and complaints against developers, bulk assignees,
 2514  or bulk buyers involving improper turnover or failure to
 2515  turnover, pursuant to s. 718.301. However, after turnover has
 2516  occurred, the division has jurisdiction to investigate
 2517  complaints related only to financial issues, elections, and the
 2518  maintenance of and unit owner access to association records
 2519  under s. 718.111(12), and the procedural completion of
 2520  structural integrity reserve studies under s. 718.112(2)(g).
 2521         (a)1. The division may make necessary public or private
 2522  investigations within or outside this state to determine whether
 2523  any person has violated this chapter or any rule or order
 2524  hereunder, to aid in the enforcement of this chapter, or to aid
 2525  in the adoption of rules or forms.
 2526         2. The division may submit any official written report,
 2527  worksheet, or other related paper, or a duly certified copy
 2528  thereof, compiled, prepared, drafted, or otherwise made by and
 2529  duly authenticated by a financial examiner or analyst to be
 2530  admitted as competent evidence in any hearing in which the
 2531  financial examiner or analyst is available for cross-examination
 2532  and attests under oath that such documents were prepared as a
 2533  result of an examination or inspection conducted pursuant to
 2534  this chapter.
 2535         (b) The division may require or permit any person to file a
 2536  statement in writing, under oath or otherwise, as the division
 2537  determines, as to the facts and circumstances concerning a
 2538  matter to be investigated.
 2539         (c) For the purpose of any investigation under this
 2540  chapter, the division director or any officer or employee
 2541  designated by the division director may administer oaths or
 2542  affirmations, subpoena witnesses and compel their attendance,
 2543  take evidence, and require the production of any matter which is
 2544  relevant to the investigation, including the existence,
 2545  description, nature, custody, condition, and location of any
 2546  books, documents, or other tangible things and the identity and
 2547  location of persons having knowledge of relevant facts or any
 2548  other matter reasonably calculated to lead to the discovery of
 2549  material evidence. Upon the failure by a person to obey a
 2550  subpoena or to answer questions propounded by the investigating
 2551  officer and upon reasonable notice to all affected persons, the
 2552  division may apply to the circuit court for an order compelling
 2553  compliance.
 2554         (d) Notwithstanding any remedies available to unit owners
 2555  and associations, if the division has reasonable cause to
 2556  believe that a violation of any provision of this chapter or
 2557  related rule has occurred, the division may institute
 2558  enforcement proceedings in its own name against any developer,
 2559  bulk assignee, bulk buyer, association, officer, or member of
 2560  the board of administration, or its assignees or agents, as
 2561  follows:
 2562         1. The division may permit a person whose conduct or
 2563  actions may be under investigation to waive formal proceedings
 2564  and enter into a consent proceeding whereby orders, rules, or
 2565  letters of censure or warning, whether formal or informal, may
 2566  be entered against the person.
 2567         2. The division may issue an order requiring the developer,
 2568  bulk assignee, bulk buyer, association, developer-designated
 2569  officer, or developer-designated member of the board of
 2570  administration, developer-designated assignees or agents, bulk
 2571  assignee-designated assignees or agents, bulk buyer-designated
 2572  assignees or agents, community association manager, or community
 2573  association management firm to cease and desist from the
 2574  unlawful practice and take such affirmative action as in the
 2575  judgment of the division carry out the purposes of this chapter.
 2576  If the division finds that a developer, bulk assignee, bulk
 2577  buyer, association, officer, or member of the board of
 2578  administration, or its assignees or agents, is violating or is
 2579  about to violate any provision of this chapter, any rule adopted
 2580  or order issued by the division, or any written agreement
 2581  entered into with the division, and presents an immediate danger
 2582  to the public requiring an immediate final order, it may issue
 2583  an emergency cease and desist order reciting with particularity
 2584  the facts underlying such findings. The emergency cease and
 2585  desist order is effective for 90 days. If the division begins
 2586  nonemergency cease and desist proceedings, the emergency cease
 2587  and desist order remains effective until the conclusion of the
 2588  proceedings under ss. 120.569 and 120.57.
 2589         3. If a developer, bulk assignee, or bulk buyer fails to
 2590  pay any restitution determined by the division to be owed, plus
 2591  any accrued interest at the highest rate permitted by law,
 2592  within 30 days after expiration of any appellate time period of
 2593  a final order requiring payment of restitution or the conclusion
 2594  of any appeal thereof, whichever is later, the division must
 2595  bring an action in circuit or county court on behalf of any
 2596  association, class of unit owners, lessees, or purchasers for
 2597  restitution, declaratory relief, injunctive relief, or any other
 2598  available remedy. The division may also temporarily revoke its
 2599  acceptance of the filing for the developer to which the
 2600  restitution relates until payment of restitution is made.
 2601         4. The division may petition the court for appointment of a
 2602  receiver or conservator. If appointed, the receiver or
 2603  conservator may take action to implement the court order to
 2604  ensure the performance of the order and to remedy any breach
 2605  thereof. In addition to all other means provided by law for the
 2606  enforcement of an injunction or temporary restraining order, the
 2607  circuit court may impound or sequester the property of a party
 2608  defendant, including books, papers, documents, and related
 2609  records, and allow the examination and use of the property by
 2610  the division and a court-appointed receiver or conservator.
 2611         5. The division may apply to the circuit court for an order
 2612  of restitution whereby the defendant in an action brought under
 2613  subparagraph 4. is ordered to make restitution of those sums
 2614  shown by the division to have been obtained by the defendant in
 2615  violation of this chapter. At the option of the court, such
 2616  restitution is payable to the conservator or receiver appointed
 2617  under subparagraph 4. or directly to the persons whose funds or
 2618  assets were obtained in violation of this chapter.
 2619         6. The division may impose a civil penalty against a
 2620  developer, bulk assignee, or bulk buyer, or association, or its
 2621  assignee or agent, for any violation of this chapter, or related
 2622  rule, or chapter 617. The division may impose a civil penalty
 2623  individually against an officer or board member who willfully
 2624  and knowingly violates this chapter, an adopted rule, or a final
 2625  order of the division; may order the removal of such individual
 2626  as an officer or from the board of administration or as an
 2627  officer of the association; and may prohibit such individual
 2628  from serving as an officer or on the board of a community
 2629  association for a period of time. The term “willfully and
 2630  knowingly” means that the division informed the officer or board
 2631  member that his or her action or intended action violates this
 2632  chapter, a rule adopted under this chapter, or a final order of
 2633  the division and that the officer or board member refused to
 2634  comply with the requirements of this chapter, a rule adopted
 2635  under this chapter, or a final order of the division. The
 2636  division, before initiating formal agency action under chapter
 2637  120, must afford the officer or board member an opportunity to
 2638  voluntarily comply, and an officer or board member who complies
 2639  within 10 days is not subject to a civil penalty. A penalty may
 2640  be imposed on the basis of each day of continuing violation, but
 2641  the penalty for any offense may not exceed $5,000. The division
 2642  shall adopt, by rule, penalty guidelines applicable to possible
 2643  violations or to categories of violations of this chapter or
 2644  rules adopted by the division. The guidelines must specify a
 2645  meaningful range of civil penalties for each such violation of
 2646  the statute and rules and must be based upon the harm caused by
 2647  the violation, upon the repetition of the violation, and upon
 2648  such other factors deemed relevant by the division. For example,
 2649  the division may consider whether the violations were committed
 2650  by a developer, bulk assignee, or bulk buyer, or owner
 2651  controlled association, the size of the association, and other
 2652  factors. The guidelines must designate the possible mitigating
 2653  or aggravating circumstances that justify a departure from the
 2654  range of penalties provided by the rules. It is the legislative
 2655  intent that minor violations be distinguished from those which
 2656  endanger the health, safety, or welfare of the condominium
 2657  residents or other persons and that such guidelines provide
 2658  reasonable and meaningful notice to the public of likely
 2659  penalties that may be imposed for proscribed conduct. This
 2660  subsection does not limit the ability of the division to
 2661  informally dispose of administrative actions or complaints by
 2662  stipulation, agreed settlement, or consent order. All amounts
 2663  collected shall be deposited with the Chief Financial Officer to
 2664  the credit of the Division of Florida Condominiums, Timeshares,
 2665  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2666  bulk buyer fails to pay the civil penalty and the amount deemed
 2667  to be owed to the association, the division shall issue an order
 2668  directing that such developer, bulk assignee, or bulk buyer
 2669  cease and desist from further operation until such time as the
 2670  civil penalty is paid or may pursue enforcement of the penalty
 2671  in a court of competent jurisdiction. If an association fails to
 2672  pay the civil penalty, the division shall pursue enforcement in
 2673  a court of competent jurisdiction, and the order imposing the
 2674  civil penalty or the cease and desist order is not effective
 2675  until 20 days after the date of such order. Any action commenced
 2676  by the division shall be brought in the county in which the
 2677  division has its executive offices or in the county where the
 2678  violation occurred.
 2679         7. If a unit owner presents the division with proof that
 2680  the unit owner has requested access to official records in
 2681  writing by certified mail, and that after 10 days the unit owner
 2682  again made the same request for access to official records in
 2683  writing by certified mail, and that more than 10 days has
 2684  elapsed since the second request and the association has still
 2685  failed or refused to provide access to official records as
 2686  required by this chapter, the division shall issue a subpoena
 2687  requiring production of the requested records where the records
 2688  are kept pursuant to s. 718.112. Upon receipt of the records,
 2689  the division must provide without charge the produced official
 2690  records to the unit owner who was denied access to such records.
 2691         8. In addition to subparagraph 6., the division may seek
 2692  the imposition of a civil penalty through the circuit court for
 2693  any violation for which the division may issue a notice to show
 2694  cause under paragraph (s) (r). The civil penalty shall be at
 2695  least $500 but no more than $5,000 for each violation. The court
 2696  may also award to the prevailing party court costs and
 2697  reasonable attorney fees and, if the division prevails, may also
 2698  award reasonable costs of investigation.
 2699         (e) The division may prepare and disseminate a prospectus
 2700  and other information to assist prospective owners, purchasers,
 2701  lessees, and developers of residential condominiums in assessing
 2702  the rights, privileges, and duties pertaining thereto.
 2703         (f) The division may adopt rules to administer and enforce
 2704  this chapter.
 2705         (g) The division shall establish procedures for providing
 2706  notice to an association and the developer, bulk assignee, or
 2707  bulk buyer during the period in which the developer, bulk
 2708  assignee, or bulk buyer controls the association if the division
 2709  is considering the issuance of a declaratory statement with
 2710  respect to the declaration of condominium or any related
 2711  document governing such condominium community.
 2712         (h) The division shall furnish each association that pays
 2713  the fees required by paragraph (2)(a) a copy of this chapter, as
 2714  amended, and the rules adopted thereto on an annual basis.
 2715         (i) The division shall annually provide each association
 2716  with a summary of declaratory statements and formal legal
 2717  opinions relating to the operations of condominiums which were
 2718  rendered by the division during the previous year.
 2719         (j) The division shall provide training and educational
 2720  programs for condominium association board members and unit
 2721  owners. The training may, in the division’s discretion, include
 2722  web-based electronic media and live training and seminars in
 2723  various locations throughout the state. The division may review
 2724  and approve education and training programs for board members
 2725  and unit owners offered by providers and shall maintain a
 2726  current list of approved programs and providers and make such
 2727  list available to board members and unit owners in a reasonable
 2728  and cost-effective manner. The division shall provide the
 2729  educational curriculum required under s. 718.112(2)(d) and issue
 2730  a certificate of satisfactory completion to directors of the
 2731  board of administration at no charge, including when the
 2732  required educational curriculum is provided by a division
 2733  approved condominium education provider.
 2734         (k) The division shall maintain a toll-free telephone
 2735  number accessible to condominium unit owners.
 2736         (l) The division shall develop a program to certify both
 2737  volunteer and paid mediators to provide mediation of condominium
 2738  disputes. The division shall provide, upon request, a list of
 2739  such mediators to any association, unit owner, or other
 2740  participant in alternative dispute resolution proceedings under
 2741  s. 718.1255 requesting a copy of the list. The division shall
 2742  include on the list of volunteer mediators only the names of
 2743  persons who have received at least 20 hours of training in
 2744  mediation techniques or who have mediated at least 20 disputes.
 2745  In order to become initially certified by the division, paid
 2746  mediators must be certified by the Supreme Court to mediate
 2747  court cases in county or circuit courts. However, the division
 2748  may adopt, by rule, additional factors for the certification of
 2749  paid mediators, which must be related to experience, education,
 2750  or background. Any person initially certified as a paid mediator
 2751  by the division must, in order to continue to be certified,
 2752  comply with the factors or requirements adopted by rule.
 2753         (m) If a complaint is made, the division must conduct its
 2754  inquiry with due regard for the interests of the affected
 2755  parties. Within 30 days after receipt of a complaint, the
 2756  division shall acknowledge the complaint in writing and notify
 2757  the complainant whether the complaint is within the jurisdiction
 2758  of the division and whether additional information is needed by
 2759  the division from the complainant. The division shall conduct
 2760  its investigation and, within 90 days after receipt of the
 2761  original complaint or of timely requested additional
 2762  information, take action upon the complaint. However, the
 2763  failure to complete the investigation within 90 days does not
 2764  prevent the division from continuing the investigation,
 2765  accepting or considering evidence obtained or received after 90
 2766  days, or taking administrative action if reasonable cause exists
 2767  to believe that a violation of this chapter or a rule has
 2768  occurred. If an investigation is not completed within the time
 2769  limits established in this paragraph, the division shall, on a
 2770  monthly basis, notify the complainant in writing of the status
 2771  of the investigation. When reporting its action to the
 2772  complainant, the division shall inform the complainant of any
 2773  right to a hearing under ss. 120.569 and 120.57. The division
 2774  may adopt rules regarding the submission of a complaint against
 2775  an association.
 2776         (n) Condominium association directors, officers, and
 2777  employees; condominium developers; bulk assignees, bulk buyers,
 2778  and community association managers; and community association
 2779  management firms have an ongoing duty to reasonably cooperate
 2780  with the division in any investigation under this section. The
 2781  division shall refer to local law enforcement authorities any
 2782  person whom the division believes has altered, destroyed,
 2783  concealed, or removed any record, document, or thing required to
 2784  be kept or maintained by this chapter with the purpose to impair
 2785  its verity or availability in the department’s investigation.
 2786  The division shall refer to local law enforcement authorities
 2787  any person whom the division believes has engaged in fraud,
 2788  theft, embezzlement, or other criminal activity or when the
 2789  division has cause to believe that fraud, theft, embezzlement,
 2790  or other criminal activity has occurred.
 2791         (o) The division director or any officer or employee of the
 2792  division, and the condominium ombudsman or employee of the
 2793  Office of the Condominium Ombudsman may attend and observe any
 2794  meeting of the board of administration or unit owner meeting,
 2795  including any meeting of a subcommittee or special committee,
 2796  that is open to members of the association for the purpose of
 2797  performing the duties of the division or the Office of the
 2798  Condominium Ombudsman under this chapter.
 2799         (p) The division may:
 2800         1. Contract with agencies in this state or other
 2801  jurisdictions to perform investigative functions; or
 2802         2. Accept grants-in-aid from any source.
 2803         (q)(p) The division shall cooperate with similar agencies
 2804  in other jurisdictions to establish uniform filing procedures
 2805  and forms, public offering statements, advertising standards,
 2806  and rules and common administrative practices.
 2807         (r)(q) The division shall consider notice to a developer,
 2808  bulk assignee, or bulk buyer to be complete when it is delivered
 2809  to the address of the developer, bulk assignee, or bulk buyer
 2810  currently on file with the division.
 2811         (s)(r) In addition to its enforcement authority, the
 2812  division may issue a notice to show cause, which must provide
 2813  for a hearing, upon written request, in accordance with chapter
 2814  120.
 2815         (t) The division shall routinely conduct random audits of
 2816  condominium associations to determine compliance with the
 2817  website or application requirements for official records under
 2818  s. 718.111(12)(g).
 2819         (u)(s) The division shall submit to the Governor, the
 2820  President of the Senate, the Speaker of the House of
 2821  Representatives, and the chairs of the legislative
 2822  appropriations committees an annual report that includes, but
 2823  need not be limited to, the number of training programs provided
 2824  for condominium association board members and unit owners, the
 2825  number of complaints received by type, the number and percent of
 2826  complaints acknowledged in writing within 30 days and the number
 2827  and percent of investigations acted upon within 90 days in
 2828  accordance with paragraph (m), and the number of investigations
 2829  exceeding the 90-day requirement. The annual report must also
 2830  include an evaluation of the division’s core business processes
 2831  and make recommendations for improvements, including statutory
 2832  changes. The report shall be submitted by September 30 following
 2833  the end of the fiscal year.
 2834         (2)(a) Each condominium association which operates more
 2835  than two units shall pay to the division an annual fee in the
 2836  amount of $4 for each residential unit in condominiums operated
 2837  by the association. The annual fee shall be filed together with
 2838  the annual certification described in paragraph (c). If the fee
 2839  is not paid by March 1, the association shall be assessed a
 2840  penalty of 10 percent of the amount due, and the association
 2841  will not have standing to maintain or defend any action in the
 2842  courts of this state until the amount due, plus any penalty, is
 2843  paid.
 2844         (b) All fees shall be deposited in the Division of Florida
 2845  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 2846  provided by law.
 2847         (c) On the certification form provided by the division, the
 2848  directors of the association shall certify that all directors of
 2849  the association have completed the written certification and
 2850  educational certificate requirements in s. 718.112(2)(d)4.b.
 2851         Section 20. Subsection (1) of section 718.618, Florida
 2852  Statutes, is amended to read:
 2853         718.618 Converter reserve accounts; warranties.—
 2854         (1) When existing improvements are converted to ownership
 2855  as a residential condominium, the developer shall establish
 2856  converter reserve accounts for capital expenditures and planned
 2857  deferred maintenance, or give warranties as provided by
 2858  subsection (6), or post a surety bond as provided by subsection
 2859  (7). The developer shall fund the converter reserve accounts in
 2860  amounts calculated as follows:
 2861         (a)1. When the existing improvements include an air
 2862  conditioning system serving more than one unit or property which
 2863  the association is responsible to repair, maintain, or replace,
 2864  the developer shall fund an air-conditioning reserve account.
 2865  The amount of the reserve account shall be the product of the
 2866  estimated current replacement cost of the system, as disclosed
 2867  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2868  fraction, the numerator of which shall be the lesser of the age
 2869  of the system in years or 9, and the denominator of which shall
 2870  be 10. When such air-conditioning system is within 1,000 yards
 2871  of the seacoast, the numerator shall be the lesser of the age of
 2872  the system in years or 3, and the denominator shall be 4.
 2873         2. The developer shall fund a plumbing reserve account. The
 2874  amount of the funding shall be the product of the estimated
 2875  current replacement cost of the plumbing component, as disclosed
 2876  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2877  fraction, the numerator of which shall be the lesser of the age
 2878  of the plumbing in years or 36, and the denominator of which
 2879  shall be 40.
 2880         3. The developer shall fund a roof reserve account. The
 2881  amount of the funding shall be the product of the estimated
 2882  current replacement cost of the roofing component, as disclosed
 2883  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2884  fraction, the numerator of which shall be the lesser of the age
 2885  of the roof in years or the numerator listed in the following
 2886  table. The denominator of the fraction shall be determined based
 2887  on the roof type, as follows:
 2888  
 2889        Roof Type               Numerator          Denominator      
 2890  a.    Built-up roof without insulation        4                   5           
 2891  b.    Built-up roof with insulation        4                   5           
 2892  c.    Cement tile roof            45                  50          
 2893  d.    Asphalt shingle roof        14                  15          
 2894  e.    Copper roof                                                 
 2895  f.    Wood shingle roof           9                   10          
 2896  g.    All other types             18                  20          
 2897  
 2898         (b) The age of any component or structure for which the
 2899  developer is required to fund a reserve account shall be
 2900  measured in years, rounded to the nearest whole year. The amount
 2901  of converter reserves to be funded by the developer for each
 2902  structure or component shall be based on the age of the
 2903  structure or component as disclosed in the inspection report.
 2904  The architect or engineer shall determine the age of the
 2905  component from the later of:
 2906         1. The date when the component or structure was replaced or
 2907  substantially renewed, if the replacement or renewal of the
 2908  component at least met the requirements of the then-applicable
 2909  building code; or
 2910         2. The date when the installation or construction of the
 2911  existing component or structure was completed.
 2912         (c) When the age of a component or structure is to be
 2913  measured from the date of replacement or renewal, the developer
 2914  shall provide the division with a certificate, under the seal of
 2915  an architect or engineer authorized to practice in this state,
 2916  verifying:
 2917         1. The date of the replacement or renewal; and
 2918         2. That the replacement or renewal at least met the
 2919  requirements of the then-applicable building code.
 2920         (d) In addition to establishing the reserve accounts
 2921  specified above, the developer shall establish those other
 2922  reserve accounts required by s. 718.112(2)(f), and shall fund
 2923  those accounts in accordance with the formula provided therein.
 2924  The vote to waive or reduce the funding or reserves required by
 2925  s. 718.112(2)(f) does not affect or negate the obligations
 2926  arising under this section.
 2927         Section 21. Paragraphs (j) and (k) of subsection (1) of
 2928  section 719.106, Florida Statutes, are amended to read:
 2929         719.106 Bylaws; cooperative ownership.—
 2930         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2931  documents shall provide for the following, and if they do not,
 2932  they shall be deemed to include the following:
 2933         (j) Annual budget.—
 2934         1. The proposed annual budget of common expenses must be
 2935  detailed and must show the amounts budgeted by accounts and
 2936  expense classifications, including, if applicable, but not
 2937  limited to, those expenses listed in s. 719.504(20). The board
 2938  of administration shall adopt the annual budget at least 14 days
 2939  before the start of the association’s fiscal year. In the event
 2940  that the board fails to timely adopt the annual budget a second
 2941  time, it is deemed a minor violation and the prior year’s budget
 2942  shall continue in effect until a new budget is adopted.
 2943         2. In addition to annual operating expenses, the budget
 2944  must include reserve accounts for capital expenditures and
 2945  planned deferred maintenance. These accounts must include, but
 2946  not be limited to, roof replacement, building painting, and
 2947  pavement resurfacing, regardless of the amount of planned
 2948  deferred maintenance expense or replacement cost, and for any
 2949  other items for which the planned deferred maintenance expense
 2950  or replacement cost exceeds $10,000. The amount to be reserved
 2951  must be computed by means of a formula which is based upon
 2952  estimated remaining useful life and estimated replacement cost
 2953  or planned deferred maintenance expense of the reserve item. In
 2954  a budget adopted by an association that is required to obtain a
 2955  structural integrity reserve study, reserves must be maintained
 2956  for the items identified in paragraph (k) for which the
 2957  association is responsible pursuant to the declaration, and the
 2958  reserve amount for such items must be based on the findings and
 2959  recommendations of the association’s most recent structural
 2960  integrity reserve study. With respect to items for which an
 2961  estimate of useful life is not readily ascertainable or with an
 2962  estimated remaining useful life of greater than 25 years, an
 2963  association is not required to reserve replacement costs for
 2964  such items, but an association must reserve the amount of
 2965  planned deferred maintenance expense, if any, which is
 2966  recommended by the structural integrity reserve study for such
 2967  items. The association may adjust replacement reserve
 2968  assessments annually to take into account an inflation
 2969  adjustment and any changes in estimates or extension of the
 2970  useful life of a reserve item caused by planned deferred
 2971  maintenance. The members of a unit-owner-controlled association
 2972  may determine, by a majority vote of the total voting interests
 2973  of the association, for a fiscal year to provide no reserves or
 2974  reserves less adequate than required by this subsection. Before
 2975  turnover of control of an association by a developer to unit
 2976  owners other than a developer under s. 719.301, the developer
 2977  controlled association may not vote to waive the reserves or
 2978  reduce funding of the reserves. For a budget adopted on or after
 2979  December 31, 2024, a unit-owner-controlled association that must
 2980  obtain a structural integrity reserve study may not determine to
 2981  provide no reserves or reserves less adequate than required by
 2982  this paragraph for items listed in paragraph (k). If a meeting
 2983  of the unit owners has been called to determine to provide no
 2984  reserves, or reserves less adequate than required, and such
 2985  result is not attained or a quorum is not attained, the reserves
 2986  as included in the budget shall go into effect.
 2987         3. Reserve funds and any interest accruing thereon shall
 2988  remain in the reserve account or accounts, and shall be used
 2989  only for authorized reserve expenditures unless their use for
 2990  other purposes is approved in advance by a vote of the majority
 2991  of the total voting interests of the association. Before
 2992  turnover of control of an association by a developer to unit
 2993  owners other than the developer under s. 719.301, the developer
 2994  may not vote to use reserves for purposes other than that for
 2995  which they were intended. For a budget adopted on or after
 2996  December 31, 2024, members of a unit-owner-controlled
 2997  association that must obtain a structural integrity reserve
 2998  study may not vote to use reserve funds, or any interest
 2999  accruing thereon, for purposes other than the replacement or
 3000  planned deferred maintenance costs of the components listed in
 3001  paragraph (k).
 3002         (k) Structural integrity reserve study.—
 3003         1. A residential cooperative association must have a
 3004  structural integrity reserve study completed at least every 10
 3005  years for each building on the cooperative property that is
 3006  three stories or higher in height, as determined by the Florida
 3007  Building Code, that includes, at a minimum, a study of the
 3008  following items as related to the structural integrity and
 3009  safety of the building:
 3010         a. Roof.
 3011         b. Structure, including load-bearing walls and other
 3012  primary structural members and primary structural systems as
 3013  those terms are defined in s. 627.706.
 3014         c. Fireproofing and fire protection systems.
 3015         d. Plumbing.
 3016         e. Electrical systems.
 3017         f. Waterproofing and exterior painting.
 3018         g. Windows and exterior doors.
 3019         h. Any other item that has a planned deferred maintenance
 3020  expense or replacement cost that exceeds $10,000 and the failure
 3021  to replace or maintain such item negatively affects the items
 3022  listed in sub-subparagraphs a.-g., as determined by the visual
 3023  inspection portion of the structural integrity reserve study.
 3024         2. A structural integrity reserve study is based on a
 3025  visual inspection of the cooperative property. A structural
 3026  integrity reserve study may be performed by any person qualified
 3027  to perform such study. However, the visual inspection portion of
 3028  the structural integrity reserve study must be performed or
 3029  verified by an engineer licensed under chapter 471, an architect
 3030  licensed under chapter 481, or a person certified as a reserve
 3031  specialist or professional reserve analyst by the Community
 3032  Associations Institute or the Association of Professional
 3033  Reserve Analysts.
 3034         3. At a minimum, a structural integrity reserve study must
 3035  identify each item of the cooperative property being visually
 3036  inspected, state the estimated remaining useful life and the
 3037  estimated replacement cost or planned deferred maintenance
 3038  expense of each item of the cooperative property being visually
 3039  inspected, and provide a reserve funding schedule with a
 3040  recommended annual reserve amount that achieves the estimated
 3041  replacement cost or planned deferred maintenance expense of each
 3042  item of cooperative property being visually inspected by the end
 3043  of the estimated remaining useful life of the item. The
 3044  structural integrity reserve study may recommend that reserves
 3045  do not need to be maintained for any item for which an estimate
 3046  of useful life and an estimate of replacement cost cannot be
 3047  determined, or the study may recommend a planned deferred
 3048  maintenance expense amount for such item. The structural
 3049  integrity reserve study may recommend that reserves for
 3050  replacement costs do not need to be maintained for any item with
 3051  an estimated remaining useful life of greater than 25 years, but
 3052  the study may recommend a planned deferred maintenance expense
 3053  amount for such item.
 3054         4. This paragraph does not apply to buildings less than
 3055  three stories in height; single-family, two-family, or three
 3056  family dwellings with three or fewer habitable stories above
 3057  ground; any portion or component of a building that has not been
 3058  submitted to the cooperative form of ownership; or any portion
 3059  or component of a building that is maintained by a party other
 3060  than the association.
 3061         5. Before a developer turns over control of an association
 3062  to unit owners other than the developer, the developer must have
 3063  a turnover inspection report in compliance with s. 719.301(4)(p)
 3064  and (q) for each building on the cooperative property that is
 3065  three stories or higher in height.
 3066         6. Associations existing on or before July 1, 2022, which
 3067  are controlled by unit owners other than the developer, must
 3068  have a structural integrity reserve study completed by December
 3069  31, 2024, for each building on the cooperative property that is
 3070  three stories or higher in height, except that the structural
 3071  integrity reserve study may be completed after December 31,
 3072  2024, if the association has entered into a contract for the
 3073  performance of a structural integrity reserve study and the
 3074  study cannot reasonably be performed or completed by December
 3075  31, 2024. An association that is required to complete a
 3076  milestone inspection on or before December 31, 2026, in
 3077  accordance with s. 553.899 may complete the structural integrity
 3078  reserve study simultaneously with the milestone inspection. In
 3079  no event may the structural integrity reserve study be completed
 3080  after December 31, 2026.
 3081         7. If the milestone inspection required by s. 553.899, or
 3082  an inspection completed for a similar local requirement, was
 3083  performed within the past 5 years and meets the requirements of
 3084  this paragraph, such inspection may be used in place of the
 3085  visual inspection portion of the structural integrity reserve
 3086  study.
 3087         8. If the officers or directors of an association willfully
 3088  and knowingly fail to complete a structural integrity reserve
 3089  study pursuant to this paragraph, such failure is a breach of an
 3090  officer’s and director’s fiduciary relationship to the unit
 3091  owners under s. 719.104(9).
 3092         9. Within 45 days after receiving the structural integrity
 3093  reserve study, the association must distribute a copy of the
 3094  study to each unit owner or deliver to each unit owner a notice
 3095  that the completed study is available for inspection and copying
 3096  upon a written request. Distribution of a copy of the study or
 3097  notice must be made by United States mail or personal delivery
 3098  at the mailing address, property address, or any other address
 3099  of the owner provided to fulfill the association’s notice
 3100  requirements under this chapter, or by electronic transmission
 3101  to the e-mail address or facsimile number provided to fulfill
 3102  the association’s notice requirements to unit owners who
 3103  previously consented to receive notice by electronic
 3104  transmission.
 3105         Section 22. Section 719.129, Florida Statutes, is amended
 3106  to read:
 3107         719.129 Electronic voting.—The association may conduct
 3108  elections and other unit owner votes through an Internet-based
 3109  online voting system if a unit owner consents, electronically or
 3110  in writing, to online voting and if the following requirements
 3111  are met:
 3112         (1) The association provides each unit owner with:
 3113         (a) A method to authenticate the unit owner’s identity to
 3114  the online voting system.
 3115         (b) For elections of the board, a method to transmit an
 3116  electronic ballot to the online voting system that ensures the
 3117  secrecy and integrity of each ballot.
 3118         (c) A method to confirm, at least 14 days before the voting
 3119  deadline, that the unit owner’s electronic device can
 3120  successfully communicate with the online voting system.
 3121         (2) The association uses an online voting system that is:
 3122         (a) Able to authenticate the unit owner’s identity.
 3123         (b) Able to authenticate the validity of each electronic
 3124  vote to ensure that the vote is not altered in transit.
 3125         (c) Able to transmit a receipt from the online voting
 3126  system to each unit owner who casts an electronic vote.
 3127         (d) For elections of the board of administration, able to
 3128  permanently separate any authentication or identifying
 3129  information from the electronic election ballot, rendering it
 3130  impossible to tie an election ballot to a specific unit owner.
 3131         (e) Able to store and keep electronic votes accessible to
 3132  election officials for recount, inspection, and review purposes.
 3133         (3) A unit owner voting electronically pursuant to this
 3134  section shall be counted as being in attendance at the meeting
 3135  for purposes of determining a quorum. A substantive vote of the
 3136  unit owners may not be taken on any issue other than the issues
 3137  specifically identified in the electronic vote, when a quorum is
 3138  established based on unit owners voting electronically pursuant
 3139  to this section.
 3140         (4) This section applies to an association that provides
 3141  for and authorizes an online voting system pursuant to this
 3142  section by a board resolution. The board resolution must provide
 3143  that unit owners receive notice of the opportunity to vote
 3144  through an online voting system, must establish reasonable
 3145  procedures and deadlines for unit owners to consent,
 3146  electronically or in writing, to online voting, and must
 3147  establish reasonable procedures and deadlines for unit owners to
 3148  opt out of online voting after giving consent. Written notice of
 3149  a meeting at which the resolution will be considered must be
 3150  mailed, delivered, or electronically transmitted to the unit
 3151  owners and posted conspicuously on the condominium property or
 3152  association property at least 14 days before the meeting.
 3153  Evidence of compliance with the 14-day notice requirement must
 3154  be made by an affidavit executed by the person providing the
 3155  notice and filed with the official records of the association.
 3156         (5) A unit owner’s consent to online voting is valid until
 3157  the unit owner opts out of online voting pursuant to the
 3158  procedures established by the board of administration pursuant
 3159  to subsection (4).
 3160         (6) This section may apply to any matter that requires a
 3161  vote of the unit owners who are not members of a timeshare
 3162  cooperative association.
 3163         Section 23. Paragraph (p) of subsection (4) of section
 3164  719.301, Florida Statutes, is amended to read:
 3165         719.301 Transfer of association control.—
 3166         (4) When unit owners other than the developer elect a
 3167  majority of the members of the board of administration of an
 3168  association, the developer shall relinquish control of the
 3169  association, and the unit owners shall accept control.
 3170  Simultaneously, or for the purpose of paragraph (c) not more
 3171  than 90 days thereafter, the developer shall deliver to the
 3172  association, at the developer’s expense, all property of the
 3173  unit owners and of the association held or controlled by the
 3174  developer, including, but not limited to, the following items,
 3175  if applicable, as to each cooperative operated by the
 3176  association:
 3177         (p) Notwithstanding when the certificate of occupancy was
 3178  issued or the height of the building, a turnover inspection
 3179  report included in the official records, under seal of an
 3180  architect or engineer authorized to practice in this state or a
 3181  person certified as a reserve specialist or professional reserve
 3182  analyst by the Community Associations Institute or the
 3183  Association of Professional Reserve Analysts, consisting of a
 3184  structural integrity reserve study attesting to required
 3185  maintenance, condition, useful life, and replacement costs of
 3186  the following applicable cooperative property:
 3187         1. Roof.
 3188         2. Structure, including load-bearing walls and primary
 3189  structural members and primary structural systems as those terms
 3190  are defined in s. 627.706.
 3191         3. Fireproofing and fire protection systems.
 3192         4. Plumbing.
 3193         5. Electrical systems.
 3194         6. Waterproofing and exterior painting.
 3195         7. Windows and exterior doors.
 3196         Section 24. Subsection (1) of section 719.618, Florida
 3197  Statutes, is amended to read:
 3198         719.618 Converter reserve accounts; warranties.—
 3199         (1) When existing improvements are converted to ownership
 3200  as a residential cooperative, the developer shall establish
 3201  reserve accounts for capital expenditures and planned deferred
 3202  maintenance, or give warranties as provided by subsection (6),
 3203  or post a surety bond as provided by subsection (7). The
 3204  developer shall fund the reserve accounts in amounts calculated
 3205  as follows:
 3206         (a)1. When the existing improvements include an air
 3207  conditioning system serving more than one unit or property which
 3208  the association is responsible to repair, maintain, or replace,
 3209  the developer shall fund an air-conditioning reserve account.
 3210  The amount of the reserve account shall be the product of the
 3211  estimated current replacement cost of the system, as disclosed
 3212  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3213  fraction, the numerator of which shall be the lesser of the age
 3214  of the system in years or 9, and the denominator of which shall
 3215  be 10. When such air-conditioning system is within 1,000 yards
 3216  of the seacoast, the numerator shall be the lesser of the age of
 3217  the system in years or 3, and the denominator shall be 4.
 3218         2. The developer shall fund a plumbing reserve account. The
 3219  amount of the funding shall be the product of the estimated
 3220  current replacement cost of the plumbing component, as disclosed
 3221  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3222  fraction, the numerator of which shall be the lesser of the age
 3223  of the plumbing in years or 36, and the denominator of which
 3224  shall be 40.
 3225         3. The developer shall fund a roof reserve account. The
 3226  amount of the funding shall be the product of the estimated
 3227  current replacement cost of the roofing component, as disclosed
 3228  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3229  fraction, the numerator of which shall be the lesser of the age
 3230  of the roof in years or the numerator listed in the following
 3231  table. The denominator of the fraction shall be determined based
 3232  on the roof type, as follows:
 3233  
 3234        Roof Type               Numerator          Denominator      
 3235  a.    Built-up roof without insulation        4                   5           
 3236  b.    Built-up roof with insulation        4                   5           
 3237  c.    Cement tile roof            45                  50          
 3238  d.    Asphalt shingle roof        14                  15          
 3239  e.    Copper roof                                                 
 3240  f.    Wood shingle roof           9                   10          
 3241  g.    All other types             18                  20          
 3242  
 3243         (b) The age of any component or structure for which the
 3244  developer is required to fund a reserve account shall be
 3245  measured in years from the later of:
 3246         1. The date when the component or structure was replaced or
 3247  substantially renewed, if the replacement or renewal of the
 3248  component at least met the requirements of the then-applicable
 3249  building code; or
 3250         2. The date when the installation or construction of the
 3251  existing component or structure was completed.
 3252         (c) When the age of a component or structure is to be
 3253  measured from the date of replacement or renewal, the developer
 3254  shall provide the division with a certificate, under the seal of
 3255  an architect or engineer authorized to practice in this state,
 3256  verifying:
 3257         1. The date of the replacement or renewal; and
 3258         2. That the replacement or renewal at least met the
 3259  requirements of the then-applicable building code.
 3260         Section 25. The Division of Florida Condominiums,
 3261  Timeshares, and Mobile Homes of the Department of Business and
 3262  Professional Regulation shall complete a review of the website
 3263  or application requirements for official records under s.
 3264  718.111(12)(g), Florida Statutes, and make recommendations
 3265  regarding any additional official records of a condominium
 3266  association that should be included in the record maintenance
 3267  requirement in the statute. The division shall submit the
 3268  findings of its review to the Governor, the President of the
 3269  Senate, the Speaker of the House of Representatives, and the
 3270  chairs of the legislative appropriations committees and
 3271  appropriate substantive committees with jurisdiction over
 3272  chapter 718, Florida Statutes, by February 1, 2025.
 3273         Section 26. Except as otherwise expressly provided in this
 3274  act, this act shall take effect July 1, 2024.