Florida Senate - 2024 CS for CS for SB 1178
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Regulated Industries; and
Senators Bradley, Pizzo, and Osgood
601-03259-24 20241178c2
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 or management firm to retain records for a
10 specified purpose within a specified timeframe;
11 relieving a manager or management firm from
12 responsibility if the association fails to provide
13 access to the records necessary to complete an ending
14 financial statement or report; providing a rebuttable
15 presumption regarding noncompliance; providing
16 penalties for the failure to timely return official
17 records; creating s. 468.4335, F.S.; requiring
18 community association managers and management firms to
19 provide a written disclosure of certain conflicts of
20 interest to the association’s board; providing a
21 rebuttable presumption as to the existence of a
22 conflict; requiring an association to solicit multiple
23 competitive bids for goods or services under certain
24 circumstances; providing requirements for an
25 association to approve any contract or transaction
26 deemed a conflict of interest; authorizing the
27 cancellation of a management contract, subject to
28 certain requirements; specifying liability and
29 nonliability of the association upon cancellation of
30 such a contract; authorizing an association to void
31 certain contracts if certain conflicts were not
32 disclosed in accordance with the act; defining the
33 term “relative”; providing applicability; amending s.
34 468.436, F.S.; revising the list of grounds for which
35 the Department of Business and Professional Regulation
36 may take disciplinary actions against community
37 association managers or firms, to conform to changes
38 made by the act; amending s. 553.8445, F.S.; providing
39 that all residential dwellings must be required to be
40 equipped with a certain reusable device designed for a
41 specified purpose as a condition for the issuance of
42 certain permits and completion of a certain
43 inspection; providing applicability; requiring the
44 Florida Building Commission to adopt certain rules;
45 amending s. 553.899, F.S.; revising applicability;
46 amending s. 718.103, F.S.; revising the definition of
47 the term “alternative funding method” to conform to
48 changes made by the act; defining the term “hurricane
49 protection”; amending s. 718.104, F.S.; requiring that
50 declarations specify the entity responsible for the
51 installation, maintenance, repair, or replacement of
52 hurricane protection; amending s. 718.111, F.S.;
53 defining the term “kickback”; providing criminal
54 penalties for any officer, director, or manager of an
55 association who knowingly solicits, offers to accept,
56 or accepts a kickback; requiring the Division of
57 Florida Condominiums, Timeshares, and Mobile Homes to
58 monitor compliance and issue fines and penalties for
59 failure of an association to maintain the required
60 insurance policy or fidelity bonding; revising the
61 list of records that constitute the official records
62 of an association; revising maintenance requirements
63 for official records; revising requirements regarding
64 requests to inspect or copy association records;
65 requiring an association to provide a checklist in
66 response to certain records requests; providing a
67 rebuttable presumption regarding compliance; providing
68 criminal penalties for certain violations regarding
69 noncompliance with records requirements; defining the
70 term “repeatedly”; requiring that copies of certain
71 building permits be posted on an association’s website
72 or application; modifying the method of delivery of
73 certain letters regarding association financial
74 reports to unit owners; conforming a provision to
75 changes made by the act; revising circumstances under
76 which an association may prepare certain reports;
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”; revising the threshold
81 for associations that must post certain documents on
82 their websites or through an application; amending s.
83 718.112, F.S.; requiring the boards of administration
84 of associations consisting of more than a specified
85 number of units to meet a minimum number of times each
86 quarter; revising requirements regarding notice of
87 such meetings; requiring a director of a board of an
88 association to provide a written certification and
89 complete an educational requirement upon election or
90 appointment to the board; specifying requirements for
91 the education curriculum; requiring the association to
92 bear the costs of the required educational curriculum
93 and certificate; providing transitional provisions;
94 requiring that an association’s budget include reserve
95 amounts for planned maintenance, rather than for
96 deferred maintenance; providing that, upon a
97 determination by a specified local building official
98 that an entire condominium building is uninhabitable
99 due to a natural emergency, the board, upon the
100 approval of a majority of its members, may pause
101 contribution to reserves or reduce reserve funding for
102 a specified period of time; authorizing an association
103 to expend any reserve accounts held by the association
104 to make the building and its structures habitable;
105 requiring the association to immediately resume
106 contributing funds to its reserve once the local
107 building official determines the building and its
108 structures are habitable; providing that a
109 condominium’s structural integrity reserve study may
110 recommend a temporary pause in reserve funding under
111 certain circumstances; revising applicability;
112 requiring an association to distribute copies of a
113 structural integrity reserve study to unit owners or
114 deliver a certain notice to them within a specified
115 timeframe; specifying the manner of distribution or
116 delivery; revising the circumstances under which a
117 director or an officer must be removed from office
118 after being charged by information or indictment;
119 prohibiting such officers and directors with pending
120 criminal charges from accessing the official records
121 of any association; providing an exception; providing
122 criminal penalties for certain fraudulent voting
123 activities relating to association elections;
124 requiring any person charged to be removed from office
125 and a vacancy be declared; amending s. 718.113, F.S.;
126 providing applicability; authorizing, rather than
127 requiring, certain hurricane protection
128 specifications; specifying that certain actions are
129 not material alterations or substantial additions;
130 authorizing the boards of residential and mixed-use
131 condominiums to install or require the unit owners to
132 install hurricane protection; requiring a vote of the
133 unit owners for the installation of hurricane
134 protection; requiring that such vote be attested to in
135 a certificate and recorded in certain public records;
136 providing requirements for such certificate; providing
137 that the validity or enforceability of a vote of the
138 unit owners is not affected if the board fails to
139 record a certificate or send a copy of the recorded
140 certificate to the unit owners; providing that a vote
141 of the unit owners is not required under certain
142 circumstances; prohibiting installation of the same
143 type of hurricane protection previously installed;
144 providing exceptions; prohibiting the boards of
145 residential and mixed-use condominiums from refusing
146 to approve certain hurricane protections; authorizing
147 the board to require owners to adhere to certain
148 guidelines regarding the external appearance of a
149 condominium; revising responsibility for the cost of
150 removal or reinstallation of hurricane protection and
151 certain exterior windows, doors, or apertures in
152 certain circumstances; requiring the board to make a
153 certain determination; providing that costs incurred
154 by the association in connection with such removal or
155 reinstallation completed by the association may not be
156 charged to the unit owner; requiring reimbursement of
157 the unit owner, or application of a credit toward
158 future assessments, in certain circumstances;
159 authorizing the association to collect charges if the
160 association removes or installs hurricane protection
161 and making such charges enforceable as an assessment;
162 amending s. 718.115, F.S.; specifying when the cost of
163 installation of hurricane protection is not a common
164 expense; authorizing certain expenses to be
165 enforceable as assessments; requiring that certain
166 unit owners be excused from certain assessments or to
167 receive a credit for hurricane protection that has
168 been installed; providing credit applicability under
169 certain circumstances; providing for the amount of
170 credit that a unit owner must receive; specifying that
171 certain expenses are common expenses; amending s.
172 718.121, F.S.; conforming a cross-reference; amending
173 s. 718.1224, F.S.; revising legislative findings and
174 intent to conform to changes made by the act; revising
175 the definition of the term “governmental entity”;
176 prohibiting a condominium association from filing
177 strategic lawsuits against public participation;
178 prohibiting an association from taking certain action
179 against a unit owner in response to specified conduct;
180 prohibiting associations from expending association
181 funds in support of certain actions against a unit
182 owner; conforming provisions to changes made by the
183 act; amending s. 718.128, F.S.; authorizing a
184 condominium association to conduct elections and other
185 unit owner votes through an online voting system if a
186 unit owner consents, either electronically or in
187 writing, to online voting; revising applicability;
188 amending s. 718.301, F.S.; revising items that
189 developers are required to deliver to an association
190 upon relinquishing control of the association;
191 amending s. 718.3027, F.S.; revising requirements
192 regarding attendance at a board meeting in the event
193 of a conflict of interest; modifying circumstances
194 under which a contract may be voided; amending s.
195 718.303, F.S.; requiring that a notice of nonpayment
196 be provided to a unit owner by a specified time before
197 an election; amending s. 718.501, F.S.; revising
198 circumstances under which the Division of Florida
199 Condominiums, Timeshares, and Mobile Homes has
200 jurisdiction to investigate and enforce certain
201 matters; requiring the division to provide official
202 records, without charge, to a unit owner denied access
203 to such records; requiring the division to adopt rules
204 related to the approval of educational curriculum
205 providers; requiring the division to refer suspected
206 criminal acts to the appropriate law enforcement
207 authority; authorizing certain division officials to
208 attend association meetings; requiring that an
209 association’s annual fee be filed concurrently with
210 the annual certification; specifying requirements for
211 the annual certification; requiring an association to
212 explain on the certification the reasons any
213 certification requirements have not been met;
214 requiring an association to complete the
215 certifications within a specified timeframe; requiring
216 the association to notify the division when the
217 certification is completed; conforming a provision to
218 changes made by the act; amending s. 718.5011, F.S.;
219 specifying that the secretary of the Department of
220 Business and Professional Regulation, rather than the
221 Governor, shall appoint the condominium ombudsman;
222 amending s. 718.618, F.S.; conforming a provision to
223 changes made by the act; amending s. 719.106, F.S.;
224 requiring that a cooperative association’s budget
225 include reserve amounts for planned maintenance,
226 rather than for deferred maintenance; providing an
227 exception for certain associations to complete a
228 structural integrity reserve study by a certain date;
229 requiring an association to distribute copies of a
230 structural integrity reserve study to unit owners or
231 deliver a certain notice to them within a specified
232 timeframe; specifying the manner of distribution or
233 delivery; conforming provisions to changes made by the
234 act; amending s. 719.129, F.S.; authorizing
235 cooperative associations to conduct elections and
236 other unit owner votes through an online voting system
237 if a unit owner consents, either electronically or in
238 writing, to online voting; revising applicability;
239 amending s. 719.301, F.S.; revising items that
240 developers are required to deliver to a cooperative
241 association upon relinquishing control of association
242 property; amending s. 719.618, F.S.; conforming a
243 provision to changes made by the act; requiring the
244 division to conduct a review of statutory requirements
245 regarding posting of official records on a condominium
246 association’s website or application; requiring the
247 division to submit its findings, including any
248 recommendations, to the Governor and the Legislature
249 by a specified date; providing effective dates.
250
251 Be It Enacted by the Legislature of the State of Florida:
252
253 Section 1. Subsection (3) is added to section 468.4334,
254 Florida Statutes, to read:
255 468.4334 Professional practice standards; liability.—
256 (3) A community association manager or a community
257 association management firm shall return all community
258 association official records within its possession to the
259 community association or successor community association manager
260 or community association management firm within 20 business days
261 after termination of a contractual agreement to provide
262 community association management services to the community
263 association or receipt of a written request for return of the
264 official records, whichever occurs first. A notice of
265 termination of a contractual agreement to provide community
266 association management services must be sent by certified mail,
267 return receipt requested, or in the manner required under such
268 contractual agreement. The community association manager or
269 community association management firm may retain, for up to 20
270 business days, those records necessary to complete an ending
271 financial statement or report. If an association fails to
272 provide access to or retention of accounting records to prepare
273 an ending financial statement or report, the community
274 association manager or community association management firm is
275 relieved from any further responsibility or liability relating
276 to the preparation of such ending financial statement or report.
277 Failure of a community association manager or a community
278 association management firm to timely return all of the official
279 records within its possession to the community association
280 creates a rebuttable presumption that the community association
281 manager or a community association management firm willfully
282 failed to comply with this subsection. A community association
283 manager or a community association management firm that fails to
284 timely return community association records is subject to
285 suspension of its license under s. 468.436, and a civil penalty
286 of $1,000 per day for up to 10 business days, assessed beginning
287 on the 21st business day after termination of a contractual
288 agreement to provide community association management services
289 to the community association or receipt of a written request
290 from the association for return of the records, whichever occurs
291 first.
292 Section 2. Section 468.4335, Florida Statutes, is created
293 to read:
294 468.4335 Conflicts of interest.—
295 (1) A community association manager or a community
296 association management firm, including directors, officers, and
297 persons with a financial interest in a community association
298 management firm, or a relative of such persons, must provide a
299 written disclosure to the board of a community association of
300 any activity that may reasonably be construed to be a conflict
301 of interest. A rebuttable presumption of a conflict of interest
302 exists if any of the following occurs without prior notice:
303 (a) A community association manager or a community
304 association management firm, including directors, officers, and
305 persons with a financial interest in a community association
306 management firm, or a relative of such persons, enters into a
307 contract with the association for goods or services, other than
308 community association management services.
309 (b) A community association manager or a community
310 association management firm, including directors, officers, and
311 persons with a financial interest in a community association
312 management firm, or a relative of such persons, holds an
313 interest in or receives compensation or any thing of value from
314 a corporation, limited liability corporation, partnership,
315 limited liability partnership, or other business entity that
316 conducts business with the association or proposes to enter into
317 a contract or other transaction with the association.
318 (2) If the association receives and considers a bid to
319 provide a good or service, other than community association
320 management services, from a community association manager or a
321 community association management firm, including directors,
322 officers, and persons with a financial interest in a community
323 association management firm, or a relative of such persons, the
324 association must also solicit multiple competitive bids from
325 other third-party providers of such good or service.
326 (3) If a community association manager or a community
327 association management firm, including directors, officers, and
328 persons with a financial interest in a community association
329 management firm, or a relative of such persons, proposes to
330 engage in an activity that is a conflict of interest as
331 described in subsection (1), the proposed activity must be
332 listed on, and all contracts and transactional documents related
333 to the proposed activity must be attached to, the meeting agenda
334 of the next board of administration meeting. The disclosures of
335 a possible conflict of interest must be entered into the written
336 minutes of the meeting. Approval of the contract or other
337 transaction requires an affirmative vote of two-thirds of all
338 directors present. At the next regular or special meeting of the
339 members, the existence of the contract or other transaction must
340 be disclosed to the members.
341 (4) If the board finds that a community association manager
342 or a community association management firm, including directors,
343 officers, and persons with a financial interest in a community
344 association management firm, or a relative of such persons, has
345 violated this section, the association may cancel its community
346 association management contract with the community association
347 manager or the community association management firm. If the
348 contract is canceled, the association is liable only for the
349 reasonable value of the management services provided up to the
350 time of cancellation and is not liable for any termination fees,
351 liquidated damages, or other form of penalty for such
352 cancellation.
353 (5) If an association enters into a contract, other than a
354 contract for community association management services, with a
355 community association manager or a community association
356 management firm, including directors, officers, and persons with
357 a financial interest in a community association management firm,
358 or a relative of such persons, which is a party to or has an
359 interest in an activity that is a possible conflict of interest
360 as described in subsection (1) and that activity has not been
361 properly disclosed as a conflict of interest or potential
362 conflict of interest as required by this section, the contract
363 is voidable and terminates upon the association filing a written
364 notice terminating the contract.
365 (6) As used in this section, the term “relative” means a
366 relative within the third degree of consanguinity by blood or
367 marriage.
368 (7) The procedures in subsections (2), (3), and (4) do not
369 apply to any activities or the provision of goods and services
370 that are disclosed in the management services contract as a
371 conflict of interest within the meaning of subsection (1).
372 Section 3. Paragraph (b) of subsection (2) of section
373 468.436, Florida Statutes, is amended, and subsection (4) of
374 that section is reenacted, to read:
375 468.436 Disciplinary proceedings.—
376 (2) The following acts constitute grounds for which the
377 disciplinary actions in subsection (4) may be taken:
378 (b)1. Violation of any provision of this part.
379 2. Violation of any lawful order or rule rendered or
380 adopted by the department or the council.
381 3. Being convicted of or pleading nolo contendere to a
382 felony in any court in the United States.
383 4. Obtaining a license or certification or any other order,
384 ruling, or authorization by means of fraud, misrepresentation,
385 or concealment of material facts.
386 5. Committing acts of gross misconduct or gross negligence
387 in connection with the profession.
388 6. Contracting, on behalf of an association, with any
389 entity in which the licensee has a financial interest that is
390 not disclosed.
391 7. Failing to disclose any conflict of interest as required
392 by s. 468.4335.
393 8. Violating any provision of chapter 718, chapter 719, or
394 chapter 720 during the course of performing community
395 association management services pursuant to a contract with a
396 community association as defined in s. 468.431(1).
397 (4) When the department finds any community association
398 manager or firm guilty of any of the grounds set forth in
399 subsection (2), it may enter an order imposing one or more of
400 the following penalties:
401 (a) Denial of an application for licensure.
402 (b) Revocation or suspension of a license.
403 (c) Imposition of an administrative fine not to exceed
404 $5,000 for each count or separate offense.
405 (d) Issuance of a reprimand.
406 (e) Placement of the community association manager on
407 probation for a period of time and subject to such conditions as
408 the department specifies.
409 (f) Restriction of the authorized scope of practice by the
410 community association manager.
411 Section 4. Section 553.8445, Florida Statutes, is created
412 to read:
413 553.8445 Prevention of water intrusion through the tracks
414 of sliding glass doors.—
415 (1) All residential dwellings must be required to be
416 equipped with a reusable device which is attachable to the
417 sliding glass door track and is designed to reduce water
418 intrusion through the tracks of the sliding glass doors by not
419 less than 90 percent with wind not less than 100 miles per hour
420 as a condition for:
421 (a) The issuance of a building permit for the construction
422 of a new residential dwelling with an exterior sliding glass
423 door.
424 (b) The issuance of a building permit for the installation
425 or repair of an exterior sliding glass door in a residential
426 dwelling.
427 (c) The completion of a milestone inspection required by s.
428 553.899, or a similar local requirement, for any dwelling with
429 an exterior sliding glass door.
430 (2) This section shall apply to exterior sliding glass
431 doors contained in any condominium unit, multifamily dwelling,
432 or single-family dwelling.
433 (3) By July 1, 2025, the commission shall adopt the
434 requirements of this section into the Florida Building Code
435 pursuant to s. 553.73(8).
436 Section 5. Subsection (4) of section 553.899, Florida
437 Statutes, is amended to read:
438 553.899 Mandatory structural inspections for condominium
439 and cooperative buildings.—
440 (4) The milestone inspection report must be arranged by a
441 condominium or cooperative association and any owner of any
442 portion of the building which is not subject to the condominium
443 or cooperative form of ownership. The condominium association or
444 cooperative association and any owner of any portion of the
445 building which is not subject to the condominium or cooperative
446 form of ownership are each responsible for ensuring compliance
447 with the requirements of this section. The condominium
448 association or cooperative association is responsible for all
449 costs associated with the milestone inspection attributable to
450 the portions of a building which the association is responsible
451 to maintain under the governing documents of the association.
452 This section does not apply to a single-family, two-family, or
453 three-family, or four-family dwelling with three or fewer
454 habitable stories above ground.
455 Section 6. Present subsections (19) through (32) of section
456 718.103, Florida Statutes, are redesignated as subsections (20)
457 through (33), respectively, a new subsection (19) is added to
458 that section, and subsection (1) of that section is amended, to
459 read:
460 718.103 Definitions.—As used in this chapter, the term:
461 (1) “Alternative funding method” means a method approved by
462 the division for funding the capital expenditures and planned
463 deferred maintenance obligations for a multicondominium
464 association operating at least 25 condominiums which may
465 reasonably be expected to fully satisfy the association’s
466 reserve funding obligations by the allocation of funds in the
467 annual operating budget.
468 (19) “Hurricane protection” means hurricane shutters,
469 impact glass, code-compliant windows or doors, and other code
470 compliant hurricane protection products used to preserve and
471 protect the condominium property or association property.
472 Section 7. Paragraph (p) is added to subsection (4) of
473 section 718.104, Florida Statutes, to read:
474 718.104 Creation of condominiums; contents of declaration.
475 Every condominium created in this state shall be created
476 pursuant to this chapter.
477 (4) The declaration must contain or provide for the
478 following matters:
479 (p) For both residential condominiums and mixed-use
480 condominiums, a statement that specifies whether the unit owner
481 or the association is responsible for the installation,
482 maintenance, repair, or replacement of hurricane protection that
483 is for the preservation and protection of the condominium
484 property and association property.
485 Section 8. Paragraph (a) of subsection (1), paragraph (h)
486 of subsection (11), and subsections (12), (13), and (15) of
487 section 718.111, Florida Statutes, are amended to read:
488 718.111 The association.—
489 (1) CORPORATE ENTITY.—
490 (a) The operation of the condominium shall be by the
491 association, which must be a Florida corporation for profit or a
492 Florida corporation not for profit. However, any association
493 which was in existence on January 1, 1977, need not be
494 incorporated. The owners of units shall be shareholders or
495 members of the association. The officers and directors of the
496 association have a fiduciary relationship to the unit owners. It
497 is the intent of the Legislature that nothing in this paragraph
498 shall be construed as providing for or removing a requirement of
499 a fiduciary relationship between any manager employed by the
500 association and the unit owners. An officer, director, or
501 manager may not solicit, offer to accept, or accept a kickback.
502 As used in this paragraph, the term “kickback” means any thing
503 or service of value or kickback for which consideration has not
504 been provided for an officer’s, a director’s, or a manager’s his
505 or her own benefit or that of his or her immediate family, from
506 any person providing or proposing to provide goods or services
507 to the association. Any such officer, director, or manager who
508 knowingly so solicits, offers to accept, or accepts a any thing
509 or service of value or kickback commits a felony of the third
510 degree, punishable as provided in s. 775.082, s. 775.083, or s.
511 775.084, and is subject to a civil penalty pursuant to s.
512 718.501(1)(d) and, if applicable, a criminal penalty as provided
513 in paragraph (d). However, this paragraph does not prohibit an
514 officer, director, or manager from accepting services or items
515 received in connection with trade fairs or education programs.
516 An association may operate more than one condominium.
517 (11) INSURANCE.—In order to protect the safety, health, and
518 welfare of the people of the State of Florida and to ensure
519 consistency in the provision of insurance coverage to
520 condominiums and their unit owners, this subsection applies to
521 every residential condominium in the state, regardless of the
522 date of its declaration of condominium. It is the intent of the
523 Legislature to encourage lower or stable insurance premiums for
524 associations described in this subsection.
525 (h) The association shall maintain insurance or fidelity
526 bonding of all persons who control or disburse funds of the
527 association. The insurance policy or fidelity bond must cover
528 the maximum funds that will be in the custody of the association
529 or its management agent at any one time. Upon receipt of a
530 complaint, the division shall monitor compliance with this
531 paragraph and may issue fines and penalties established by the
532 division for failure of an association to maintain the required
533 insurance policy or fidelity bond. As used in this paragraph,
534 the term “persons who control or disburse funds of the
535 association” includes, but is not limited to, those individuals
536 authorized to sign checks on behalf of the association, and the
537 president, secretary, and treasurer of the association. The
538 association shall bear the cost of any such bonding.
539 (12) OFFICIAL RECORDS.—
540 (a) From the inception of the association, the association
541 shall maintain each of the following items, if applicable, which
542 constitutes the official records of the association:
543 1. A copy of the plans, permits, warranties, and other
544 items provided by the developer under s. 718.301(4).
545 2. A photocopy of the recorded declaration of condominium
546 of each condominium operated by the association and each
547 amendment to each declaration.
548 3. A photocopy of the recorded bylaws of the association
549 and each amendment to the bylaws.
550 4. A certified copy of the articles of incorporation of the
551 association, or other documents creating the association, and
552 each amendment thereto.
553 5. A copy of the current rules of the association.
554 6. A book or books that contain the minutes of all meetings
555 of the association, the board of administration, and the unit
556 owners.
557 7. A current roster of all unit owners and their mailing
558 addresses, unit identifications, voting certifications, and, if
559 known, telephone numbers. The association shall also maintain
560 the e-mail addresses and facsimile numbers of unit owners
561 consenting to receive notice by electronic transmission. The e
562 mail addresses and facsimile numbers are not accessible to unit
563 owners if consent to receive notice by electronic transmission
564 is not provided in accordance with sub-subparagraph (c)5.e.
565 (c)3.e. However, the association is not liable for an
566 inadvertent disclosure of the e-mail address or facsimile number
567 for receiving electronic transmission of notices.
568 8. All current insurance policies of the association and
569 condominiums operated by the association.
570 9. A current copy of any management agreement, lease, or
571 other contract to which the association is a party or under
572 which the association or the unit owners have an obligation or
573 responsibility.
574 10. Bills of sale or transfer for all property owned by the
575 association.
576 11. Accounting records for the association and separate
577 accounting records for each condominium that the association
578 operates. Any person who knowingly or intentionally defaces or
579 destroys such records, or who knowingly or intentionally fails
580 to create or maintain such records, with the intent of causing
581 harm to the association or one or more of its members, is
582 personally subject to a civil penalty pursuant to s.
583 718.501(1)(d). The accounting records must include, but are not
584 limited to:
585 a. Accurate, itemized, and detailed records of all receipts
586 and expenditures.
587 b. All invoices, transaction receipts, or deposit slips
588 that substantiate any receipt or expenditure of funds by the
589 association.
590 c. A current account and a monthly, bimonthly, or quarterly
591 statement of the account for each unit designating the name of
592 the unit owner, the due date and amount of each assessment, the
593 amount paid on the account, and the balance due.
594 d.c. All audits, reviews, accounting statements, structural
595 integrity reserve studies, and financial reports of the
596 association or condominium. Structural integrity reserve studies
597 must be maintained for at least 15 years after the study is
598 completed.
599 e.d. All contracts for work to be performed. Bids for work
600 to be performed are also considered official records and must be
601 maintained by the association for at least 1 year after receipt
602 of the bid.
603 12. Ballots, sign-in sheets, voting proxies, and all other
604 papers and electronic records relating to voting by unit owners,
605 which must be maintained for 1 year from the date of the
606 election, vote, or meeting to which the document relates,
607 notwithstanding paragraph (b).
608 13. All rental records if the association is acting as
609 agent for the rental of condominium units.
610 14. A copy of the current question and answer sheet as
611 described in s. 718.504.
612 15. A copy of the inspection reports described in ss.
613 553.899 and 718.301(4)(p) and any other inspection report
614 relating to a structural or life safety inspection of
615 condominium property. Such record must be maintained by the
616 association for 15 years after receipt of the report.
617 16. Bids for materials, equipment, or services.
618 17. All affirmative acknowledgments made pursuant to s.
619 718.121(4)(c).
620 18. A copy of all building permits.
621 19. All other written records of the association not
622 specifically included in the foregoing which are related to the
623 operation of the association.
624 (b) The official records specified in subparagraphs (a)1.
625 6. must be permanently maintained from the inception of the
626 association. Bids for work to be performed or for materials,
627 equipment, or services must be maintained for at least 1 year
628 after receipt of the bid. All other official records must be
629 maintained within the state for at least 7 years, unless
630 otherwise provided by general law. The official records must be
631 maintained in a manner that facilitates inspection of the
632 records by a unit owner. In the event that the records are lost,
633 destroyed, or otherwise unavailable, the obligation to maintain
634 official records includes a good faith obligation to recover
635 those records as may be reasonably possible. The records of the
636 association shall be made available to a unit owner within 45
637 miles of the condominium property or within the county in which
638 the condominium property is located within 10 working days after
639 receipt of a written request by the board or its designee.
640 However, such distance requirement does not apply to an
641 association governing a timeshare condominium. This paragraph
642 and paragraph (c) may be complied with by having a copy of the
643 official records of the association available for inspection or
644 copying on the condominium property or association property, or
645 the association may offer the option of making the records
646 available to a unit owner electronically via the Internet as
647 provided under paragraph (g) or by allowing the records to be
648 viewed in electronic format on a computer screen and printed
649 upon request. The association is not responsible for the use or
650 misuse of the information provided to an association member or
651 his or her authorized representative in compliance with this
652 chapter unless the association has an affirmative duty not to
653 disclose such information under this chapter.
654 (c)1.a. The official records of the association are open to
655 inspection by any association member and any person authorized
656 by an association member as a representative of such member at
657 all reasonable times. The right to inspect the records includes
658 the right to make or obtain copies, at the reasonable expense,
659 if any, of the member and of the person authorized by the
660 association member as a representative of such member. A renter
661 of a unit has a right to inspect and copy only the declaration
662 of condominium, the association’s bylaws and rules, and the
663 inspection reports described in ss. 553.899 and 718.301(4)(p).
664 The association may adopt reasonable rules regarding the
665 frequency, time, location, notice, and manner of record
666 inspections and copying but may not require a member to
667 demonstrate any purpose or state any reason for the inspection.
668 The failure of an association to provide the records within 10
669 working days after receipt of a written request creates a
670 rebuttable presumption that the association willfully failed to
671 comply with this paragraph. A unit owner who is denied access to
672 official records is entitled to the actual damages or minimum
673 damages for the association’s willful failure to comply. Minimum
674 damages are $50 per calendar day for up to 10 days, beginning on
675 the 11th working day after receipt of the written request. The
676 failure to permit inspection entitles any person prevailing in
677 an enforcement action to recover reasonable attorney fees from
678 the person in control of the records who, directly or
679 indirectly, knowingly denied access to the records. If the
680 requested records are posted on an association’s website, or are
681 available for download through an application on a mobile
682 device, the association may fulfill its obligations as provided
683 under this paragraph by directing all persons authorized to
684 request access to official records pursuant to this paragraph to
685 the website or mobile device application.
686 b. In response to a written request to inspect records, the
687 association must simultaneously provide a checklist to the
688 requestor of all records made available for inspection and
689 copying. The checklist must also identify any of the
690 association’s official records that were not made available to
691 the requestor. An association must maintain a checklist provided
692 under this sub-subparagraph for 7 years. An association
693 delivering a checklist pursuant to this sub-subparagraph creates
694 a rebuttable presumption that the association has complied with
695 this paragraph.
696 2. Any director or member of the board or association or a
697 community association manager who knowingly, willfully, and
698 repeatedly violates subparagraph 1. with the intent of causing
699 harm to the association or one or more of its members commits a
700 misdemeanor of the second degree, punishable as provided in s.
701 775.082 or s. 775.083. For purposes of this subparagraph, the
702 term “repeatedly” means two or more violations within a 12-month
703 period.
704 3.2. Any person who knowingly or intentionally defaces or
705 destroys accounting records that are required by this chapter to
706 be maintained during the period for which such records are
707 required to be maintained, or who knowingly or intentionally
708 fails to create or maintain accounting records that are required
709 to be created or maintained, with the intent of causing harm to
710 the association or one or more of its members, commits a
711 misdemeanor of the first degree, punishable as provided in s.
712 775.082 or s. 775.083, and is personally subject to a civil
713 penalty pursuant to s. 718.501(1)(d).
714 4. Any person who willfully and knowingly refuses to
715 release or otherwise produce association records with the intent
716 to avoid or escape detection, arrest, trial, or punishment for
717 the commission of a crime, or to assist another person with such
718 avoidance or escape, commits a felony of the third degree,
719 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
720 5.3. The association shall maintain an adequate number of
721 copies of the declaration, articles of incorporation, bylaws,
722 and rules, and all amendments to each of the foregoing, as well
723 as the question and answer sheet as described in s. 718.504 and
724 year-end financial information required under this section, on
725 the condominium property to ensure their availability to unit
726 owners and prospective purchasers, and may charge its actual
727 costs for preparing and furnishing these documents to those
728 requesting the documents. An association shall allow a member or
729 his or her authorized representative to use a portable device,
730 including a smartphone, tablet, portable scanner, or any other
731 technology capable of scanning or taking photographs, to make an
732 electronic copy of the official records in lieu of the
733 association’s providing the member or his or her authorized
734 representative with a copy of such records. The association may
735 not charge a member or his or her authorized representative for
736 the use of a portable device. Notwithstanding this paragraph,
737 the following records are not accessible to unit owners:
738 a. Any record protected by the lawyer-client privilege as
739 described in s. 90.502 and any record protected by the work
740 product privilege, including a record prepared by an association
741 attorney or prepared at the attorney’s express direction, which
742 reflects a mental impression, conclusion, litigation strategy,
743 or legal theory of the attorney or the association, and which
744 was prepared exclusively for civil or criminal litigation or for
745 adversarial administrative proceedings, or which was prepared in
746 anticipation of such litigation or proceedings until the
747 conclusion of the litigation or proceedings.
748 b. Information obtained by an association in connection
749 with the approval of the lease, sale, or other transfer of a
750 unit.
751 c. Personnel records of association or management company
752 employees, including, but not limited to, disciplinary, payroll,
753 health, and insurance records. For purposes of this sub
754 subparagraph, the term “personnel records” does not include
755 written employment agreements with an association employee or
756 management company, or budgetary or financial records that
757 indicate the compensation paid to an association employee.
758 d. Medical records of unit owners.
759 e. Social security numbers, driver license numbers, credit
760 card numbers, e-mail addresses, telephone numbers, facsimile
761 numbers, emergency contact information, addresses of a unit
762 owner other than as provided to fulfill the association’s notice
763 requirements, and other personal identifying information of any
764 person, excluding the person’s name, unit designation, mailing
765 address, property address, and any address, e-mail address, or
766 facsimile number provided to the association to fulfill the
767 association’s notice requirements. Notwithstanding the
768 restrictions in this sub-subparagraph, an association may print
769 and distribute to unit owners a directory containing the name,
770 unit address, and all telephone numbers of each unit owner.
771 However, an owner may exclude his or her telephone numbers from
772 the directory by so requesting in writing to the association. An
773 owner may consent in writing to the disclosure of other contact
774 information described in this sub-subparagraph. The association
775 is not liable for the inadvertent disclosure of information that
776 is protected under this sub-subparagraph if the information is
777 included in an official record of the association and is
778 voluntarily provided by an owner and not requested by the
779 association.
780 f. Electronic security measures that are used by the
781 association to safeguard data, including passwords.
782 g. The software and operating system used by the
783 association which allow the manipulation of data, even if the
784 owner owns a copy of the same software used by the association.
785 The data is part of the official records of the association.
786 h. All affirmative acknowledgments made pursuant to s.
787 718.121(4)(c).
788 (d) The association shall prepare a question and answer
789 sheet as described in s. 718.504, and shall update it annually.
790 (e)1. The association or its authorized agent is not
791 required to provide a prospective purchaser or lienholder with
792 information about the condominium or the association other than
793 information or documents required by this chapter to be made
794 available or disclosed. The association or its authorized agent
795 may charge a reasonable fee to the prospective purchaser,
796 lienholder, or the current unit owner for providing good faith
797 responses to requests for information by or on behalf of a
798 prospective purchaser or lienholder, other than that required by
799 law, if the fee does not exceed $150 plus the reasonable cost of
800 photocopying and any attorney’s fees incurred by the association
801 in connection with the response.
802 2. An association and its authorized agent are not liable
803 for providing such information in good faith pursuant to a
804 written request if the person providing the information includes
805 a written statement in substantially the following form: “The
806 responses herein are made in good faith and to the best of my
807 ability as to their accuracy.”
808 (f) An outgoing board or committee member must relinquish
809 all official records and property of the association in his or
810 her possession or under his or her control to the incoming board
811 within 5 days after the election. The division shall impose a
812 civil penalty as set forth in s. 718.501(1)(d)6. against an
813 outgoing board or committee member who willfully and knowingly
814 fails to relinquish such records and property.
815 (g)1. By January 1, 2019, an association managing a
816 condominium with 150 or more units which does not contain
817 timeshare units shall post digital copies of the documents
818 specified in subparagraph 2. on its website or make such
819 documents available through an application that can be
820 downloaded on a mobile device.
821 a. The association’s website or application must be:
822 (I) An independent website, application, or web portal
823 wholly owned and operated by the association; or
824 (II) A website, application, or web portal operated by a
825 third-party provider with whom the association owns, leases,
826 rents, or otherwise obtains the right to operate a web page,
827 subpage, web portal, collection of subpages or web portals, or
828 an application which is dedicated to the association’s
829 activities and on which required notices, records, and documents
830 may be posted or made available by the association.
831 b. The association’s website or application must be
832 accessible through the Internet and must contain a subpage, web
833 portal, or other protected electronic location that is
834 inaccessible to the general public and accessible only to unit
835 owners and employees of the association.
836 c. Upon a unit owner’s written request, the association
837 must provide the unit owner with a username and password and
838 access to the protected sections of the association’s website or
839 application which contain any notices, records, or documents
840 that must be electronically provided.
841 2. A current copy of the following documents must be posted
842 in digital format on the association’s website or application:
843 a. The recorded declaration of condominium of each
844 condominium operated by the association and each amendment to
845 each declaration.
846 b. The recorded bylaws of the association and each
847 amendment to the bylaws.
848 c. The articles of incorporation of the association, or
849 other documents creating the association, and each amendment to
850 the articles of incorporation or other documents. The copy
851 posted pursuant to this sub-subparagraph must be a copy of the
852 articles of incorporation filed with the Department of State.
853 d. The rules of the association.
854 e. A list of all executory contracts or documents to which
855 the association is a party or under which the association or the
856 unit owners have an obligation or responsibility and, after
857 bidding for the related materials, equipment, or services has
858 closed, a list of bids received by the association within the
859 past year. Summaries of bids for materials, equipment, or
860 services which exceed $500 must be maintained on the website or
861 application for 1 year. In lieu of summaries, complete copies of
862 the bids may be posted.
863 f. The annual budget required by s. 718.112(2)(f) and any
864 proposed budget to be considered at the annual meeting.
865 g. The financial report required by subsection (13) and any
866 monthly income or expense statement to be considered at a
867 meeting.
868 h. The certification of each director required by s.
869 718.112(2)(d)4.b.
870 i. All contracts or transactions between the association
871 and any director, officer, corporation, firm, or association
872 that is not an affiliated condominium association or any other
873 entity in which an association director is also a director or
874 officer and financially interested.
875 j. Any contract or document regarding a conflict of
876 interest or possible conflict of interest as provided in ss.
877 468.4335, 468.436(2)(b)6., and 718.3027(3).
878 k. The notice of any unit owner meeting and the agenda for
879 the meeting, as required by s. 718.112(2)(d)3., no later than 14
880 days before the meeting. The notice must be posted in plain view
881 on the front page of the website or application, or on a
882 separate subpage of the website or application labeled “Notices”
883 which is conspicuously visible and linked from the front page.
884 The association must also post on its website or application any
885 document to be considered and voted on by the owners during the
886 meeting or any document listed on the agenda at least 7 days
887 before the meeting at which the document or the information
888 within the document will be considered.
889 l. Notice of any board meeting, the agenda, and any other
890 document required for the meeting as required by s.
891 718.112(2)(c), which must be posted no later than the date
892 required for notice under s. 718.112(2)(c).
893 m. The inspection reports described in ss. 553.899 and
894 718.301(4)(p) and any other inspection report relating to a
895 structural or life safety inspection of condominium property.
896 n. The association’s most recent structural integrity
897 reserve study, if applicable.
898 o. Copies of all building permits issued for ongoing or
899 planned construction.
900 3. The association shall ensure that the information and
901 records described in paragraph (c), which are not allowed to be
902 accessible to unit owners, are not posted on the association’s
903 website or application. If protected information or information
904 restricted from being accessible to unit owners is included in
905 documents that are required to be posted on the association’s
906 website or application, the association shall ensure the
907 information is redacted before posting the documents.
908 Notwithstanding the foregoing, the association or its agent is
909 not liable for disclosing information that is protected or
910 restricted under this paragraph unless such disclosure was made
911 with a knowing or intentional disregard of the protected or
912 restricted nature of such information.
913 4. The failure of the association to post information
914 required under subparagraph 2. is not in and of itself
915 sufficient to invalidate any action or decision of the
916 association’s board or its committees.
917 (13) FINANCIAL REPORTING.—Within 90 days after the end of
918 the fiscal year, or annually on a date provided in the bylaws,
919 the association shall prepare and complete, or contract for the
920 preparation and completion of, a financial report for the
921 preceding fiscal year. Within 21 days after the final financial
922 report is completed by the association or received from the
923 third party, but not later than 120 days after the end of the
924 fiscal year or other date as provided in the bylaws, the
925 association shall deliver mail to each unit owner, by United
926 States mail or personal delivery at the mailing address,
927 property address, e-mail address, or facsimile number provided
928 to fulfill the association’s notice requirements at the address
929 last furnished to the association by the unit owner, or hand
930 deliver to each unit owner, a copy of the most recent financial
931 report or a notice that a copy of the most recent financial
932 report will be mailed or hand delivered to the unit owner,
933 without charge, within 5 business days after receipt of a
934 written request from the unit owner. The division shall adopt
935 rules setting forth uniform accounting principles and standards
936 to be used by all associations and addressing the financial
937 reporting requirements for multicondominium associations. The
938 rules must include, but not be limited to, standards for
939 presenting a summary of association reserves, including a good
940 faith estimate disclosing the annual amount of reserve funds
941 that would be necessary for the association to fully fund
942 reserves for each reserve item based on the straight-line
943 accounting method. This disclosure is not applicable to reserves
944 funded via the pooling method. In adopting such rules, the
945 division shall consider the number of members and annual
946 revenues of an association. Financial reports shall be prepared
947 as follows:
948 (a) An association that meets the criteria of this
949 paragraph shall prepare a complete set of financial statements
950 in accordance with generally accepted accounting principles. The
951 financial statements must be based upon the association’s total
952 annual revenues, as follows:
953 1. An association with total annual revenues of $150,000 or
954 more, but less than $300,000, shall prepare compiled financial
955 statements.
956 2. An association with total annual revenues of at least
957 $300,000, but less than $500,000, shall prepare reviewed
958 financial statements.
959 3. An association with total annual revenues of $500,000 or
960 more shall prepare audited financial statements.
961 (b)1. An association with total annual revenues of less
962 than $150,000 shall prepare a report of cash receipts and
963 expenditures.
964 2. A report of cash receipts and disbursements must
965 disclose the amount of receipts by accounts and receipt
966 classifications and the amount of expenses by accounts and
967 expense classifications, including, but not limited to, the
968 following, as applicable: costs for security, professional and
969 management fees and expenses, taxes, costs for recreation
970 facilities, expenses for refuse collection and utility services,
971 expenses for lawn care, costs for building maintenance and
972 repair, insurance costs, administration and salary expenses, and
973 reserves accumulated and expended for capital expenditures,
974 planned deferred maintenance, and any other category for which
975 the association maintains reserves.
976 (c) An association may prepare, without a meeting of or
977 approval by the unit owners:
978 1. Compiled, reviewed, or audited financial statements, if
979 the association is required to prepare a report of cash receipts
980 and expenditures;
981 2. Reviewed or audited financial statements, if the
982 association is required to prepare compiled financial
983 statements; or
984 3. Audited financial statements if the association is
985 required to prepare reviewed financial statements.
986 (d) If approved by a majority of the voting interests
987 present at a properly called meeting of the association, an
988 association may prepare:
989 1. A report of cash receipts and expenditures in lieu of a
990 compiled, reviewed, or audited financial statement;
991 2. A report of cash receipts and expenditures or a compiled
992 financial statement in lieu of a reviewed or audited financial
993 statement; or
994 3. A report of cash receipts and expenditures, a compiled
995 financial statement, or a reviewed financial statement in lieu
996 of an audited financial statement.
997
998 Such meeting and approval must occur before the end of the
999 fiscal year and is effective only for the fiscal year in which
1000 the vote is taken. An association may not prepare a financial
1001 report pursuant to this paragraph for consecutive fiscal years,
1002 except that the approval may also be effective for the following
1003 fiscal year. If the developer has not turned over control of the
1004 association, all unit owners, including the developer, may vote
1005 on issues related to the preparation of the association’s
1006 financial reports, from the date of incorporation of the
1007 association through the end of the second fiscal year after the
1008 fiscal year in which the certificate of a surveyor and mapper is
1009 recorded pursuant to s. 718.104(4)(e) or an instrument that
1010 transfers title to a unit in the condominium which is not
1011 accompanied by a recorded assignment of developer rights in
1012 favor of the grantee of such unit is recorded, whichever occurs
1013 first. Thereafter, all unit owners except the developer may vote
1014 on such issues until control is turned over to the association
1015 by the developer. Any audit or review prepared under this
1016 section shall be paid for by the developer if done before
1017 turnover of control of the association.
1018 (e) A unit owner may provide written notice to the division
1019 of the association’s failure to mail or hand deliver him or her
1020 a copy of the most recent financial report within 5 business
1021 days after he or she submitted a written request to the
1022 association for a copy of such report. If the division
1023 determines that the association failed to mail or hand deliver a
1024 copy of the most recent financial report to the unit owner, the
1025 division shall provide written notice to the association that
1026 the association must mail or hand deliver a copy of the most
1027 recent financial report to the unit owner and the division
1028 within 5 business days after it receives such notice from the
1029 division. An association that fails to comply with the
1030 division’s request may not waive the financial reporting
1031 requirement provided in paragraph (d) for the fiscal year in
1032 which the unit owner’s request was made and the following fiscal
1033 year. A financial report received by the division pursuant to
1034 this paragraph shall be maintained, and the division shall
1035 provide a copy of such report to an association member upon his
1036 or her request.
1037 (15) DEBIT CARDS.—
1038 (a) An association and its officers, directors, employees,
1039 and agents may not use a debit card issued in the name of the
1040 association, or billed directly to the association, for the
1041 payment of any association expense.
1042 (b) A person who uses Use of a debit card issued in the
1043 name of the association, or billed directly to the association,
1044 for any expense that is not a lawful obligation of the
1045 association commits theft under s. 812.014. For the purposes of
1046 this paragraph, the term “lawful obligation of the association”
1047 means an obligation that has been properly preapproved by the
1048 board and is reflected in the meeting minutes or the written
1049 budget may be prosecuted as credit card fraud pursuant to s.
1050 817.61.
1051 Section 9. Effective January 1, 2026, paragraph (g) of
1052 subsection (12) of section 718.111, Florida Statutes, as amended
1053 by this act, is amended to read:
1054 718.111 The association.—
1055 (12) OFFICIAL RECORDS.—
1056 (g)1. By January 1, 2019, An association managing a
1057 condominium with 25 150 or more units which does not contain
1058 timeshare units shall post digital copies of the documents
1059 specified in subparagraph 2. on its website or make such
1060 documents available through an application that can be
1061 downloaded on a mobile device.
1062 a. The association’s website or application must be:
1063 (I) An independent website, application, or web portal
1064 wholly owned and operated by the association; or
1065 (II) A website, application, or web portal operated by a
1066 third-party provider with whom the association owns, leases,
1067 rents, or otherwise obtains the right to operate a web page,
1068 subpage, web portal, collection of subpages or web portals, or
1069 an application which is dedicated to the association’s
1070 activities and on which required notices, records, and documents
1071 may be posted or made available by the association.
1072 b. The association’s website or application must be
1073 accessible through the Internet and must contain a subpage, web
1074 portal, or other protected electronic location that is
1075 inaccessible to the general public and accessible only to unit
1076 owners and employees of the association.
1077 c. Upon a unit owner’s written request, the association
1078 must provide the unit owner with a username and password and
1079 access to the protected sections of the association’s website or
1080 application which contain any notices, records, or documents
1081 that must be electronically provided.
1082 2. A current copy of the following documents must be posted
1083 in digital format on the association’s website or application:
1084 a. The recorded declaration of condominium of each
1085 condominium operated by the association and each amendment to
1086 each declaration.
1087 b. The recorded bylaws of the association and each
1088 amendment to the bylaws.
1089 c. The articles of incorporation of the association, or
1090 other documents creating the association, and each amendment to
1091 the articles of incorporation or other documents. The copy
1092 posted pursuant to this sub-subparagraph must be a copy of the
1093 articles of incorporation filed with the Department of State.
1094 d. The rules of the association.
1095 e. A list of all executory contracts or documents to which
1096 the association is a party or under which the association or the
1097 unit owners have an obligation or responsibility and, after
1098 bidding for the related materials, equipment, or services has
1099 closed, a list of bids received by the association within the
1100 past year. Summaries of bids for materials, equipment, or
1101 services which exceed $500 must be maintained on the website or
1102 application for 1 year. In lieu of summaries, complete copies of
1103 the bids may be posted.
1104 f. The annual budget required by s. 718.112(2)(f) and any
1105 proposed budget to be considered at the annual meeting.
1106 g. The financial report required by subsection (13) and any
1107 monthly income or expense statement to be considered at a
1108 meeting.
1109 h. The certification of each director required by s.
1110 718.112(2)(d)4.b.
1111 i. All contracts or transactions between the association
1112 and any director, officer, corporation, firm, or association
1113 that is not an affiliated condominium association or any other
1114 entity in which an association director is also a director or
1115 officer and financially interested.
1116 j. Any contract or document regarding a conflict of
1117 interest or possible conflict of interest as provided in ss.
1118 468.4335, 468.436(2)(b)6., and 718.3027(3).
1119 k. The notice of any unit owner meeting and the agenda for
1120 the meeting, as required by s. 718.112(2)(d)3., no later than 14
1121 days before the meeting. The notice must be posted in plain view
1122 on the front page of the website or application, or on a
1123 separate subpage of the website or application labeled “Notices”
1124 which is conspicuously visible and linked from the front page.
1125 The association must also post on its website or application any
1126 document to be considered and voted on by the owners during the
1127 meeting or any document listed on the agenda at least 7 days
1128 before the meeting at which the document or the information
1129 within the document will be considered.
1130 l. Notice of any board meeting, the agenda, and any other
1131 document required for the meeting as required by s.
1132 718.112(2)(c), which must be posted no later than the date
1133 required for notice under s. 718.112(2)(c).
1134 m. The inspection reports described in ss. 553.899 and
1135 718.301(4)(p) and any other inspection report relating to a
1136 structural or life safety inspection of condominium property.
1137 n. The association’s most recent structural integrity
1138 reserve study, if applicable.
1139 o. Copies of all building permits issued for ongoing or
1140 planned construction.
1141 3. The association shall ensure that the information and
1142 records described in paragraph (c), which are not allowed to be
1143 accessible to unit owners, are not posted on the association’s
1144 website or application. If protected information or information
1145 restricted from being accessible to unit owners is included in
1146 documents that are required to be posted on the association’s
1147 website or application, the association shall ensure the
1148 information is redacted before posting the documents.
1149 Notwithstanding the foregoing, the association or its agent is
1150 not liable for disclosing information that is protected or
1151 restricted under this paragraph unless such disclosure was made
1152 with a knowing or intentional disregard of the protected or
1153 restricted nature of such information.
1154 4. The failure of the association to post information
1155 required under subparagraph 2. is not in and of itself
1156 sufficient to invalidate any action or decision of the
1157 association’s board or its committees.
1158 Section 10. Paragraphs (c), (d), (f), (g), and (q) of
1159 subsection (2) of section 718.112, Florida Statutes, are
1160 amended, and paragraph (r) is added to that subsection, to read:
1161 718.112 Bylaws.—
1162 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
1163 following and, if they do not do so, shall be deemed to include
1164 the following:
1165 (c) Board of administration meetings.—In a residential
1166 condominium association of more than 10 units, the board of
1167 administration shall meet at least once each quarter. At least
1168 four times each year, the meeting agenda must include an
1169 opportunity for members to ask questions. Meetings of the board
1170 of administration at which a quorum of the members is present
1171 are open to all unit owners. Members of the board of
1172 administration may use e-mail as a means of communication but
1173 may not cast a vote on an association matter via e-mail. A unit
1174 owner may tape record or videotape the meetings. The right to
1175 attend such meetings includes the right to speak at such
1176 meetings with reference to all designated agenda items, and the
1177 right to ask questions with respect to reports on the status of
1178 construction or repair projects, status of revenues and
1179 expenditures during the current fiscal year, and other issues
1180 affecting the condominium. The division shall adopt reasonable
1181 rules governing the tape recording and videotaping of the
1182 meeting. The association may adopt written reasonable rules
1183 governing the frequency, duration, and manner of unit owner
1184 statements.
1185 1. Adequate notice of all board meetings, which must
1186 specifically identify all agenda items, must be posted
1187 conspicuously on the condominium property at least 48 continuous
1188 hours before the meeting except in an emergency. If 20 percent
1189 of the voting interests petition the board to address an item of
1190 business, the board, within 60 days after receipt of the
1191 petition, shall place the item on the agenda at its next regular
1192 board meeting or at a special meeting called for that purpose.
1193 An item not included on the notice may be taken up on an
1194 emergency basis by a vote of at least a majority plus one of the
1195 board members. Such emergency action must be noticed and
1196 ratified at the next regular board meeting. Written notice of a
1197 meeting at which a nonemergency special assessment or an
1198 amendment to rules regarding unit use will be considered must be
1199 mailed, delivered, or electronically transmitted to the unit
1200 owners and posted conspicuously on the condominium property at
1201 least 14 days before the meeting. Evidence of compliance with
1202 this 14-day notice requirement must be made by an affidavit
1203 executed by the person providing the notice and filed with the
1204 official records of the association. Notice of any meeting in
1205 which regular or special assessments against unit owners are to
1206 be considered must specifically state that assessments will be
1207 considered and provide the estimated cost and description of the
1208 purposes for such assessments.
1209 2. Upon notice to the unit owners, the board shall, by duly
1210 adopted rule, designate a specific location on the condominium
1211 property where all notices of board meetings must be posted. If
1212 there is no condominium property where notices can be posted,
1213 notices shall be mailed, delivered, or electronically
1214 transmitted to each unit owner at least 14 days before the
1215 meeting. In lieu of or in addition to the physical posting of
1216 the notice on the condominium property, the association may, by
1217 reasonable rule, adopt a procedure for conspicuously posting and
1218 repeatedly broadcasting the notice and the agenda on a closed
1219 circuit cable television system serving the condominium
1220 association. However, if broadcast notice is used in lieu of a
1221 notice physically posted on condominium property, the notice and
1222 agenda must be broadcast at least four times every broadcast
1223 hour of each day that a posted notice is otherwise required
1224 under this section. If broadcast notice is provided, the notice
1225 and agenda must be broadcast in a manner and for a sufficient
1226 continuous length of time so as to allow an average reader to
1227 observe the notice and read and comprehend the entire content of
1228 the notice and the agenda. In addition to any of the authorized
1229 means of providing notice of a meeting of the board, the
1230 association may, by rule, adopt a procedure for conspicuously
1231 posting the meeting notice and the agenda on a website serving
1232 the condominium association for at least the minimum period of
1233 time for which a notice of a meeting is also required to be
1234 physically posted on the condominium property. Any rule adopted
1235 shall, in addition to other matters, include a requirement that
1236 the association send an electronic notice in the same manner as
1237 a notice for a meeting of the members, which must include a
1238 hyperlink to the website where the notice is posted, to unit
1239 owners whose e-mail addresses are included in the association’s
1240 official records.
1241 3. Notice of any meeting in which regular or special
1242 assessments against unit owners are to be considered must
1243 specifically state that assessments will be considered and
1244 provide the estimated cost and description of the purposes for
1245 such assessments. If an agenda item relates to the approval of a
1246 contract for goods or services, a copy of the contract must be
1247 provided with the notice, made available for inspection and
1248 copying upon a written request from a unit owner, or made
1249 available on the association’s website or through an application
1250 that can be downloaded on a mobile device.
1251 4.2. Meetings of a committee to take final action on behalf
1252 of the board or make recommendations to the board regarding the
1253 association budget are subject to this paragraph. Meetings of a
1254 committee that does not take final action on behalf of the board
1255 or make recommendations to the board regarding the association
1256 budget are subject to this section, unless those meetings are
1257 exempted from this section by the bylaws of the association.
1258 5.3. Notwithstanding any other law, the requirement that
1259 board meetings and committee meetings be open to the unit owners
1260 does not apply to:
1261 a. Meetings between the board or a committee and the
1262 association’s attorney, with respect to proposed or pending
1263 litigation, if the meeting is held for the purpose of seeking or
1264 rendering legal advice; or
1265 b. Board meetings held for the purpose of discussing
1266 personnel matters.
1267 (d) Unit owner meetings.—
1268 1. An annual meeting of the unit owners must be held at the
1269 location provided in the association bylaws and, if the bylaws
1270 are silent as to the location, the meeting must be held within
1271 45 miles of the condominium property. However, such distance
1272 requirement does not apply to an association governing a
1273 timeshare condominium.
1274 2. Unless the bylaws provide otherwise, a vacancy on the
1275 board caused by the expiration of a director’s term must be
1276 filled by electing a new board member, and the election must be
1277 by secret ballot. An election is not required if the number of
1278 vacancies equals or exceeds the number of candidates. For
1279 purposes of this paragraph, the term “candidate” means an
1280 eligible person who has timely submitted the written notice, as
1281 described in sub-subparagraph 4.a., of his or her intention to
1282 become a candidate. Except in a timeshare or nonresidential
1283 condominium, or if the staggered term of a board member does not
1284 expire until a later annual meeting, or if all members’ terms
1285 would otherwise expire but there are no candidates, the terms of
1286 all board members expire at the annual meeting, and such members
1287 may stand for reelection unless prohibited by the bylaws. Board
1288 members may serve terms longer than 1 year if permitted by the
1289 bylaws or articles of incorporation. A board member may not
1290 serve more than 8 consecutive years unless approved by an
1291 affirmative vote of unit owners representing two-thirds of all
1292 votes cast in the election or unless there are not enough
1293 eligible candidates to fill the vacancies on the board at the
1294 time of the vacancy. Only board service that occurs on or after
1295 July 1, 2018, may be used when calculating a board member’s term
1296 limit. If the number of board members whose terms expire at the
1297 annual meeting equals or exceeds the number of candidates, the
1298 candidates become members of the board effective upon the
1299 adjournment of the annual meeting. Unless the bylaws provide
1300 otherwise, any remaining vacancies shall be filled by the
1301 affirmative vote of the majority of the directors making up the
1302 newly constituted board even if the directors constitute less
1303 than a quorum or there is only one director. In a residential
1304 condominium association of more than 10 units or in a
1305 residential condominium association that does not include
1306 timeshare units or timeshare interests, co-owners of a unit may
1307 not serve as members of the board of directors at the same time
1308 unless they own more than one unit or unless there are not
1309 enough eligible candidates to fill the vacancies on the board at
1310 the time of the vacancy. A unit owner in a residential
1311 condominium desiring to be a candidate for board membership must
1312 comply with sub-subparagraph 4.a. and must be eligible to be a
1313 candidate to serve on the board of directors at the time of the
1314 deadline for submitting a notice of intent to run in order to
1315 have his or her name listed as a proper candidate on the ballot
1316 or to serve on the board. A person who has been suspended or
1317 removed by the division under this chapter, or who is delinquent
1318 in the payment of any assessment due to the association, is not
1319 eligible to be a candidate for board membership and may not be
1320 listed on the ballot. For purposes of this paragraph, a person
1321 is delinquent if a payment is not made by the due date as
1322 specifically identified in the declaration of condominium,
1323 bylaws, or articles of incorporation. If a due date is not
1324 specifically identified in the declaration of condominium,
1325 bylaws, or articles of incorporation, the due date is the first
1326 day of the assessment period. A person who has been convicted of
1327 any felony in this state or in a United States District or
1328 Territorial Court, or who has been convicted of any offense in
1329 another jurisdiction which would be considered a felony if
1330 committed in this state, is not eligible for board membership
1331 unless such felon’s civil rights have been restored for at least
1332 5 years as of the date such person seeks election to the board.
1333 The validity of an action by the board is not affected if it is
1334 later determined that a board member is ineligible for board
1335 membership due to having been convicted of a felony. This
1336 subparagraph does not limit the term of a member of the board of
1337 a nonresidential or timeshare condominium.
1338 3. The bylaws must provide the method of calling meetings
1339 of unit owners, including annual meetings. Written notice of an
1340 annual meeting must include an agenda; be mailed, hand
1341 delivered, or electronically transmitted to each unit owner at
1342 least 14 days before the annual meeting; and be posted in a
1343 conspicuous place on the condominium property or association
1344 property at least 14 continuous days before the annual meeting.
1345 Written notice of a meeting other than an annual meeting must
1346 include an agenda; be mailed, hand delivered, or electronically
1347 transmitted to each unit owner; and be posted in a conspicuous
1348 place on the condominium property or association property within
1349 the timeframe specified in the bylaws. If the bylaws do not
1350 specify a timeframe for written notice of a meeting other than
1351 an annual meeting, notice must be provided at least 14
1352 continuous days before the meeting. Upon notice to the unit
1353 owners, the board shall, by duly adopted rule, designate a
1354 specific location on the condominium property or association
1355 property where all notices of unit owner meetings must be
1356 posted. This requirement does not apply if there is no
1357 condominium property for posting notices. In lieu of, or in
1358 addition to, the physical posting of meeting notices, the
1359 association may, by reasonable rule, adopt a procedure for
1360 conspicuously posting and repeatedly broadcasting the notice and
1361 the agenda on a closed-circuit cable television system serving
1362 the condominium association. However, if broadcast notice is
1363 used in lieu of a notice posted physically on the condominium
1364 property, the notice and agenda must be broadcast at least four
1365 times every broadcast hour of each day that a posted notice is
1366 otherwise required under this section. If broadcast notice is
1367 provided, the notice and agenda must be broadcast in a manner
1368 and for a sufficient continuous length of time so as to allow an
1369 average reader to observe the notice and read and comprehend the
1370 entire content of the notice and the agenda. In addition to any
1371 of the authorized means of providing notice of a meeting of the
1372 board, the association may, by rule, adopt a procedure for
1373 conspicuously posting the meeting notice and the agenda on a
1374 website serving the condominium association for at least the
1375 minimum period of time for which a notice of a meeting is also
1376 required to be physically posted on the condominium property.
1377 Any rule adopted shall, in addition to other matters, include a
1378 requirement that the association send an electronic notice in
1379 the same manner as a notice for a meeting of the members, which
1380 must include a hyperlink to the website where the notice is
1381 posted, to unit owners whose e-mail addresses are included in
1382 the association’s official records. Unless a unit owner waives
1383 in writing the right to receive notice of the annual meeting,
1384 such notice must be hand delivered, mailed, or electronically
1385 transmitted to each unit owner. Notice for meetings and notice
1386 for all other purposes must be mailed to each unit owner at the
1387 address last furnished to the association by the unit owner, or
1388 hand delivered to each unit owner. However, if a unit is owned
1389 by more than one person, the association must provide notice to
1390 the address that the developer identifies for that purpose and
1391 thereafter as one or more of the owners of the unit advise the
1392 association in writing, or if no address is given or the owners
1393 of the unit do not agree, to the address provided on the deed of
1394 record. An officer of the association, or the manager or other
1395 person providing notice of the association meeting, must provide
1396 an affidavit or United States Postal Service certificate of
1397 mailing, to be included in the official records of the
1398 association affirming that the notice was mailed or hand
1399 delivered in accordance with this provision.
1400 4. The members of the board of a residential condominium
1401 shall be elected by written ballot or voting machine. Proxies
1402 may not be used in electing the board in general elections or
1403 elections to fill vacancies caused by recall, resignation, or
1404 otherwise, unless otherwise provided in this chapter. This
1405 subparagraph does not apply to an association governing a
1406 timeshare condominium.
1407 a. At least 60 days before a scheduled election, the
1408 association shall mail, deliver, or electronically transmit, by
1409 separate association mailing or included in another association
1410 mailing, delivery, or transmission, including regularly
1411 published newsletters, to each unit owner entitled to a vote, a
1412 first notice of the date of the election. A unit owner or other
1413 eligible person desiring to be a candidate for the board must
1414 give written notice of his or her intent to be a candidate to
1415 the association at least 40 days before a scheduled election.
1416 Together with the written notice and agenda as set forth in
1417 subparagraph 3., the association shall mail, deliver, or
1418 electronically transmit a second notice of the election to all
1419 unit owners entitled to vote, together with a ballot that lists
1420 all candidates not less than 14 days or more than 34 days before
1421 the date of the election. Upon request of a candidate, an
1422 information sheet, no larger than 8 1/2 inches by 11 inches,
1423 which must be furnished by the candidate at least 35 days before
1424 the election, must be included with the mailing, delivery, or
1425 transmission of the ballot, with the costs of mailing, delivery,
1426 or electronic transmission and copying to be borne by the
1427 association. The association is not liable for the contents of
1428 the information sheets prepared by the candidates. In order to
1429 reduce costs, the association may print or duplicate the
1430 information sheets on both sides of the paper. The division
1431 shall by rule establish voting procedures consistent with this
1432 sub-subparagraph, including rules establishing procedures for
1433 giving notice by electronic transmission and rules providing for
1434 the secrecy of ballots. Elections shall be decided by a
1435 plurality of ballots cast. There is no quorum requirement;
1436 however, at least 20 percent of the eligible voters must cast a
1437 ballot in order to have a valid election. A unit owner may not
1438 authorize any other person to vote his or her ballot, and any
1439 ballots improperly cast are invalid. A unit owner who violates
1440 this provision may be fined by the association in accordance
1441 with s. 718.303. A unit owner who needs assistance in casting
1442 the ballot for the reasons stated in s. 101.051 may obtain such
1443 assistance. The regular election must occur on the date of the
1444 annual meeting. Notwithstanding this sub-subparagraph, an
1445 election is not required unless more candidates file notices of
1446 intent to run or are nominated than board vacancies exist.
1447 b. A director of a Within 90 days after being elected or
1448 appointed to the board of an association of a residential
1449 condominium, each newly elected or appointed director shall:
1450 (I) Certify in writing to the secretary of the association
1451 that he or she has read the association’s declaration of
1452 condominium, articles of incorporation, bylaws, and current
1453 written policies; that he or she will work to uphold such
1454 documents and policies to the best of his or her ability; and
1455 that he or she will faithfully discharge his or her fiduciary
1456 responsibility to the association’s members. In lieu of this
1457 written certification, within 90 days after being elected or
1458 appointed to the board, the newly elected or appointed director
1459 may
1460 (II) Submit to the secretary of the association a
1461 certificate of having satisfactorily completed the educational
1462 curriculum administered by a division-approved condominium
1463 education provider within 1 year before or 90 days after the
1464 date of election or appointment. The education curriculum must
1465 be least 4 hours long and address director and officer fiduciary
1466 duty, milestone inspections under s. 553.899, structural
1467 integrity reserve studies, and at least four of the following
1468 topics: budgets and reserves; elections; financial reporting;
1469 condominium operations; records maintenance, including unit
1470 owner access to records; dispute resolution; and bids and
1471 contracts.
1472
1473 Each newly elected or appointed director must submit the written
1474 certification and educational certificate to the secretary of
1475 the association within 1 year before being elected or appointed
1476 or within 90 days after the date of election or appointment. A
1477 director of an association of a residential condominium who was
1478 elected or appointed before July 1, 2024, shall comply with the
1479 written certification and educational certificate requirements
1480 in this sub-subparagraph by June 30, 2025. The written
1481 certification and or educational certificate is valid for 7
1482 years from the date of issuance and does not have to be
1483 resubmitted as long as the director serves on the board without
1484 interruption during the 7-year period. A director who is
1485 appointed by the developer may satisfy the educational
1486 certificate requirement in sub-sub-subparagraph (II) for any
1487 subsequent appointment to a board by a developer within 7 years
1488 after the date of issuance of the most recent educational
1489 certificate, including any interruption of service on a board or
1490 an appointment to a board in another association within that 7
1491 year period. Additionally, one year after submission of the most
1492 recent written certification and educational certificate, and
1493 annually thereafter, a director of an association of a
1494 residential condominium must submit to the secretary of the
1495 association a certificate of having satisfactorily completed an
1496 educational curriculum administered by a division-approved
1497 condominium education provider, relating to any recent changes
1498 to this chapter and the related administrative rules, during the
1499 past year. The cost of a required educational curriculum and
1500 certificate is an expense of the association which the
1501 association may pay on behalf of the director or reimburse the
1502 director for his or her expense. A director of an association of
1503 a residential condominium who fails to timely file the written
1504 certification and or educational certificate is suspended from
1505 service on the board until he or she complies with this sub
1506 subparagraph. The board may temporarily fill the vacancy during
1507 the period of suspension. The secretary shall cause the
1508 association to retain a director’s written certification and or
1509 educational certificate for inspection by the members for 7 5
1510 years after a director’s election or the duration of the
1511 director’s uninterrupted tenure, whichever is longer. Failure to
1512 have such written certification and or educational certificate
1513 on file does not affect the validity of any board action.
1514 c. Any challenge to the election process must be commenced
1515 within 60 days after the election results are announced.
1516 5. Any approval by unit owners called for by this chapter
1517 or the applicable declaration or bylaws, including, but not
1518 limited to, the approval requirement in s. 718.111(8), must be
1519 made at a duly noticed meeting of unit owners and is subject to
1520 all requirements of this chapter or the applicable condominium
1521 documents relating to unit owner decisionmaking, except that
1522 unit owners may take action by written agreement, without
1523 meetings, on matters for which action by written agreement
1524 without meetings is expressly allowed by the applicable bylaws
1525 or declaration or any law that provides for such action.
1526 6. Unit owners may waive notice of specific meetings if
1527 allowed by the applicable bylaws or declaration or any law.
1528 Notice of meetings of the board of administration; unit owner
1529 meetings, except unit owner meetings called to recall board
1530 members under paragraph (l); and committee meetings may be given
1531 by electronic transmission to unit owners who consent to receive
1532 notice by electronic transmission. A unit owner who consents to
1533 receiving notices by electronic transmission is solely
1534 responsible for removing or bypassing filters that block receipt
1535 of mass e-mails sent to members on behalf of the association in
1536 the course of giving electronic notices.
1537 7. Unit owners have the right to participate in meetings of
1538 unit owners with reference to all designated agenda items.
1539 However, the association may adopt reasonable rules governing
1540 the frequency, duration, and manner of unit owner participation.
1541 8. A unit owner may tape record or videotape a meeting of
1542 the unit owners subject to reasonable rules adopted by the
1543 division.
1544 9. Unless otherwise provided in the bylaws, any vacancy
1545 occurring on the board before the expiration of a term may be
1546 filled by the affirmative vote of the majority of the remaining
1547 directors, even if the remaining directors constitute less than
1548 a quorum, or by the sole remaining director. In the alternative,
1549 a board may hold an election to fill the vacancy, in which case
1550 the election procedures must conform to sub-subparagraph 4.a.
1551 unless the association governs 10 units or fewer and has opted
1552 out of the statutory election process, in which case the bylaws
1553 of the association control. Unless otherwise provided in the
1554 bylaws, a board member appointed or elected under this section
1555 shall fill the vacancy for the unexpired term of the seat being
1556 filled. Filling vacancies created by recall is governed by
1557 paragraph (l) and rules adopted by the division.
1558 10. This chapter does not limit the use of general or
1559 limited proxies, require the use of general or limited proxies,
1560 or require the use of a written ballot or voting machine for any
1561 agenda item or election at any meeting of a timeshare
1562 condominium association or nonresidential condominium
1563 association.
1564
1565 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1566 association of 10 or fewer units may, by affirmative vote of a
1567 majority of the total voting interests, provide for different
1568 voting and election procedures in its bylaws, which may be by a
1569 proxy specifically delineating the different voting and election
1570 procedures. The different voting and election procedures may
1571 provide for elections to be conducted by limited or general
1572 proxy.
1573 (f) Annual budget.—
1574 1. The proposed annual budget of estimated revenues and
1575 expenses must be detailed and must show the amounts budgeted by
1576 accounts and expense classifications, including, at a minimum,
1577 any applicable expenses listed in s. 718.504(21). The board
1578 shall adopt the annual budget at least 14 days before the start
1579 of the association’s fiscal year. In the event that the board
1580 fails to timely adopt the annual budget a second time, it is
1581 deemed a minor violation and the prior year’s budget shall
1582 continue in effect until a new budget is adopted. A
1583 multicondominium association must adopt a separate budget of
1584 common expenses for each condominium the association operates
1585 and must adopt a separate budget of common expenses for the
1586 association. In addition, if the association maintains limited
1587 common elements with the cost to be shared only by those
1588 entitled to use the limited common elements as provided for in
1589 s. 718.113(1), the budget or a schedule attached to it must show
1590 the amount budgeted for this maintenance. If, after turnover of
1591 control of the association to the unit owners, any of the
1592 expenses listed in s. 718.504(21) are not applicable, they do
1593 not need to be listed.
1594 2.a. In addition to annual operating expenses, the budget
1595 must include reserve accounts for capital expenditures and
1596 planned deferred maintenance. These accounts must include, but
1597 are not limited to, roof replacement, building painting, and
1598 pavement resurfacing, regardless of the amount of planned
1599 deferred maintenance expense or replacement cost, and any other
1600 item that has a planned deferred maintenance expense or
1601 replacement cost that exceeds $10,000. The amount to be reserved
1602 must be computed using a formula based upon estimated remaining
1603 useful life and estimated replacement cost or planned deferred
1604 maintenance expense of the reserve item. In a budget adopted by
1605 an association that is required to obtain a structural integrity
1606 reserve study, reserves must be maintained for the items
1607 identified in paragraph (g) for which the association is
1608 responsible pursuant to the declaration of condominium, and the
1609 reserve amount for such items must be based on the findings and
1610 recommendations of the association’s most recent structural
1611 integrity reserve study. With respect to items for which an
1612 estimate of useful life is not readily ascertainable or with an
1613 estimated remaining useful life of greater than 25 years, an
1614 association is not required to reserve replacement costs for
1615 such items, but an association must reserve the amount of
1616 planned deferred maintenance expense, if any, which is
1617 recommended by the structural integrity reserve study for such
1618 items. The association may adjust replacement reserve
1619 assessments annually to take into account an inflation
1620 adjustment and any changes in estimates or extension of the
1621 useful life of a reserve item caused by planned deferred
1622 maintenance. The members of a unit-owner-controlled association
1623 may determine, by a majority vote of the total voting interests
1624 of the association, to provide no reserves or less reserves than
1625 required by this subsection. For a budget adopted on or after
1626 December 31, 2024, the members of a unit-owner-controlled
1627 association that must obtain a structural integrity reserve
1628 study may not determine to provide no reserves or less reserves
1629 than required by this subsection for items listed in paragraph
1630 (g), except that members of an association operating a
1631 multicondominium may determine to provide no reserves or less
1632 reserves than required by this subsection if an alternative
1633 funding method has been approved by the division. If the local
1634 building official, as defined in s. 468.603, determines that the
1635 entire condominium building is uninhabitable due to a natural
1636 emergency, as defined in s. 252.34, the board, upon the approval
1637 of a majority of its members, may pause the contribution to its
1638 reserves or reduce reserve funding until the local building
1639 official determines that the condominium building is habitable.
1640 Any reserve account funds held by the association may be
1641 expended, pursuant to the board’s determination, to make the
1642 condominium building and its structures habitable. Upon the
1643 determination by the local building official that the
1644 condominium building and its structures are habitable, the
1645 association must immediately resume contributing funds to its
1646 reserves.
1647 b. Before turnover of control of an association by a
1648 developer to unit owners other than a developer under s.
1649 718.301, the developer-controlled association may not vote to
1650 waive the reserves or reduce funding of the reserves. If a
1651 meeting of the unit owners has been called to determine whether
1652 to waive or reduce the funding of reserves and no such result is
1653 achieved or a quorum is not attained, the reserves included in
1654 the budget shall go into effect. After the turnover, the
1655 developer may vote its voting interest to waive or reduce the
1656 funding of reserves.
1657 3. Reserve funds and any interest accruing thereon shall
1658 remain in the reserve account or accounts, and may be used only
1659 for authorized reserve expenditures unless their use for other
1660 purposes is approved in advance by a majority vote of all the
1661 total voting interests of the association. Before turnover of
1662 control of an association by a developer to unit owners other
1663 than the developer pursuant to s. 718.301, the developer
1664 controlled association may not vote to use reserves for purposes
1665 other than those for which they were intended. For a budget
1666 adopted on or after December 31, 2024, members of a unit-owner
1667 controlled association that must obtain a structural integrity
1668 reserve study may not vote to use reserve funds, or any interest
1669 accruing thereon, for any other purpose other than the
1670 replacement or planned deferred maintenance costs of the
1671 components listed in paragraph (g).
1672 4. The only voting interests that are eligible to vote on
1673 questions that involve waiving or reducing the funding of
1674 reserves, or using existing reserve funds for purposes other
1675 than purposes for which the reserves were intended, are the
1676 voting interests of the units subject to assessment to fund the
1677 reserves in question. Proxy questions relating to waiving or
1678 reducing the funding of reserves or using existing reserve funds
1679 for purposes other than purposes for which the reserves were
1680 intended must contain the following statement in capitalized,
1681 bold letters in a font size larger than any other used on the
1682 face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
1683 PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
1684 RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1685 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1686 (g) Structural integrity reserve study.—
1687 1. A residential condominium association must have a
1688 structural integrity reserve study completed at least every 10
1689 years after the condominium’s creation for each building on the
1690 condominium property that is three stories or higher in height,
1691 as determined by the Florida Building Code, which includes, at a
1692 minimum, a study of the following items as related to the
1693 structural integrity and safety of the building:
1694 a. Roof.
1695 b. Structure, including load-bearing walls and other
1696 primary structural members and primary structural systems as
1697 those terms are defined in s. 627.706.
1698 c. Fireproofing and fire protection systems.
1699 d. Plumbing.
1700 e. Electrical systems.
1701 f. Waterproofing and exterior painting.
1702 g. Windows and exterior doors.
1703 h. Any other item that has a planned deferred maintenance
1704 expense or replacement cost that exceeds $10,000 and the failure
1705 to replace or maintain such item negatively affects the items
1706 listed in sub-subparagraphs a.-g., as determined by the visual
1707 inspection portion of the structural integrity reserve study.
1708 2. A structural integrity reserve study is based on a
1709 visual inspection of the condominium property. A structural
1710 integrity reserve study may be performed by any person qualified
1711 to perform such study. However, the visual inspection portion of
1712 the structural integrity reserve study must be performed or
1713 verified by an engineer licensed under chapter 471, an architect
1714 licensed under chapter 481, or a person certified as a reserve
1715 specialist or professional reserve analyst by the Community
1716 Associations Institute or the Association of Professional
1717 Reserve Analysts.
1718 3. At a minimum, a structural integrity reserve study must
1719 identify each item of the condominium property being visually
1720 inspected, state the estimated remaining useful life and the
1721 estimated replacement cost or planned deferred maintenance
1722 expense of each item of the condominium property being visually
1723 inspected, and provide a reserve funding schedule with a
1724 recommended annual reserve amount that achieves the estimated
1725 replacement cost or planned deferred maintenance expense of each
1726 item of condominium property being visually inspected by the end
1727 of the estimated remaining useful life of the item. The
1728 structural integrity reserve study may recommend that reserves
1729 do not need to be maintained for any item for which an estimate
1730 of useful life and an estimate of replacement cost cannot be
1731 determined, or the study may recommend a planned deferred
1732 maintenance expense amount for such item. The structural
1733 integrity reserve study may recommend that reserves for
1734 replacement costs do not need to be maintained for any item with
1735 an estimated remaining useful life of greater than 25 years, but
1736 the study may recommend a planned deferred maintenance expense
1737 amount for such item. If the condominium building or units are
1738 unsafe and uninhabitable due to substantial damage or loss as
1739 determined by the local enforcement agency, as defined in s.
1740 533.71(5), and it is in the best interests of the association to
1741 use revenues and existing reserve funds to perform necessary
1742 repairs to make the building safe and habitable, the structural
1743 integrity reserve study may recommend a temporary pause in
1744 reserve funding or reduced reserve funding, but the association
1745 may not pause reserve funding after the building has been
1746 declared safe for occupancy by the local enforcement agency.
1747 4. This paragraph does not apply to buildings less than
1748 three stories in height; single-family, two-family, or three
1749 family, or four-family dwellings with three or fewer habitable
1750 stories above ground; any portion or component of a building
1751 that has not been submitted to the condominium form of
1752 ownership; or any portion or component of a building that is
1753 maintained by a party other than the association.
1754 5. Before a developer turns over control of an association
1755 to unit owners other than the developer, the developer must have
1756 a turnover inspection report in compliance with s. 718.301(4)(p)
1757 and (q) for each building on the condominium property that is
1758 three stories or higher in height.
1759 6. Associations existing on or before July 1, 2022, which
1760 are controlled by unit owners other than the developer, must
1761 have a structural integrity reserve study completed by December
1762 31, 2024, for each building on the condominium property that is
1763 three stories or higher in height. An association that is
1764 required to complete a milestone inspection in accordance with
1765 s. 553.899 on or before December 31, 2026, may complete the
1766 structural integrity reserve study simultaneously with the
1767 milestone inspection. In no event may the structural integrity
1768 reserve study be completed after December 31, 2026.
1769 7. If the milestone inspection required by s. 553.899, or
1770 an inspection completed for a similar local requirement, was
1771 performed within the past 5 years and meets the requirements of
1772 this paragraph, such inspection may be used in place of the
1773 visual inspection portion of the structural integrity reserve
1774 study.
1775 8. If the officers or directors of an association willfully
1776 and knowingly fail to complete a structural integrity reserve
1777 study pursuant to this paragraph, such failure is a breach of an
1778 officer’s and director’s fiduciary relationship to the unit
1779 owners under s. 718.111(1).
1780 9. Within 45 days after receiving the structural integrity
1781 reserve study, the association must distribute a copy of the
1782 study to each unit owner or deliver to each unit owner a notice
1783 that the completed study is available for inspection and copying
1784 upon a written request. Distribution of a copy of the study or
1785 notice must be made by United States mail or personal delivery
1786 at the mailing address, property address, or any other address
1787 of the owner provided to fulfill the association’s notice
1788 requirements under this chapter, or by electronic transmission
1789 to the e-mail address or facsimile number provided to fulfill
1790 the association’s notice requirements to unit owners who
1791 previously consented to receive notice by electronic
1792 transmission.
1793 (q) Director or officer offenses.—
1794 1. A director or an officer charged by information or
1795 indictment with any of the following crimes is deemed removed
1796 from office and a vacancy declared:
1797 a. Forgery of a ballot envelope or voting certificate used
1798 in a condominium association election as provided in s. 831.01.
1799 b. Theft or embezzlement involving the association’s funds
1800 or property as provided in s. 812.014.
1801 c. Destruction of, or the refusal to allow inspection or
1802 copying of, an official record of a condominium association
1803 which is accessible to unit owners within the time periods
1804 required by general law, in furtherance of any crime. Such act
1805 constitutes tampering with physical evidence as provided in s.
1806 918.13.
1807 d. Obstruction of justice under chapter 843.
1808 e. Any criminal violation under this chapter.
1809 2. The board shall fill the vacancy in accordance with
1810 paragraph (2)(d) a felony theft or embezzlement offense
1811 involving the association’s funds or property must be removed
1812 from office, creating a vacancy in the office to be filled
1813 according to law until the end of the period of the suspension
1814 or the end of the director’s term of office, whichever occurs
1815 first. While such director or officer has such criminal charge
1816 pending, he or she may not be appointed or elected to a position
1817 as a director or an officer of any association and may not have
1818 access to the official records of any association, except
1819 pursuant to a court order. However, if the charges are resolved
1820 without a finding of guilt, the director or officer shall be
1821 reinstated for the remainder of his or her term of office, if
1822 any.
1823 (r) Fraudulent voting activities relating to association
1824 elections; penalties.—
1825 1. A person who engages in the following acts of fraudulent
1826 voting activity relating to association elections commits a
1827 misdemeanor of the first degree, punishable as provided in s.
1828 775.082 or s. 775.083:
1829 a. Willfully and falsely swearing to or affirming an oath
1830 or affirmation, or willfully procuring another person to falsely
1831 swear to or affirm an oath or affirmation, in connection with or
1832 arising out of voting activities.
1833 b. Perpetrating or attempting to perpetrate, or aiding in
1834 the perpetration of, fraud in connection with a vote cast, to be
1835 cast, or attempted to be cast.
1836 c. Preventing a member from voting or preventing a member
1837 from voting as he or she intended by fraudulently changing or
1838 attempting to change a ballot, ballot envelope, vote, or voting
1839 certificate of the member.
1840 d. Menacing, threatening, or using bribery or any other
1841 corruption to attempt, directly or indirectly, to influence,
1842 deceive, or deter a member when the member is voting.
1843 e. Giving or promising, directly or indirectly, anything of
1844 value to another member with the intent to buy the vote of that
1845 member or another member or to corruptly influence that member
1846 or another member in casting his or her vote. This subsection
1847 does not apply to any food served which is to be consumed at an
1848 election rally or a meeting or to any item of nominal value
1849 which is used as an election advertisement, including a campaign
1850 message designed to be worn by a member.
1851 f. Using or threatening to use, directly or indirectly,
1852 force, violence, or intimidation or any tactic of coercion or
1853 intimidation to induce or compel a member to vote or refrain
1854 from voting in an election or on a particular ballot measure.
1855 2. Each of the following acts constitutes a misdemeanor of
1856 the first degree, punishable as provided in s. 775.082 or s.
1857 775.083:
1858 a. Knowingly aiding, abetting, or advising a person in the
1859 commission of a fraudulent voting activity related to
1860 association elections.
1861 b. Agreeing, conspiring, combining, or confederating with
1862 at least one other person to commit a fraudulent voting activity
1863 related to association elections.
1864 c. Having knowledge of a fraudulent voting activity related
1865 to association elections and giving any aid to the offender with
1866 intent that the offender avoid or escape detection, arrest,
1867 trial, or punishment.
1868
1869 This subparagraph does not apply to a licensed attorney giving
1870 legal advice to a client.
1871 3. Any person charged by information or indictment for any
1872 of the crimes in this paragraph shall be deemed removed from
1873 office and a vacancy declared.
1874 Section 11. Subsection (5) of section 718.113, Florida
1875 Statutes, is amended to read:
1876 718.113 Maintenance; limitation upon improvement; display
1877 of flag; hurricane shutters and protection; display of religious
1878 decorations.—
1879 (5) To protect the health, safety, and welfare of the
1880 people of this state and to ensure uniformity and consistency in
1881 the hurricane protections installed by condominium associations
1882 and unit owners, this subsection applies to all residential and
1883 mixed-use condominiums in this state, regardless of when the
1884 condominium is created pursuant to the declaration of
1885 condominium. Each board of administration of a residential
1886 condominium or mixed-use condominium shall adopt hurricane
1887 protection shutter specifications for each building within each
1888 condominium operated by the association which may shall include
1889 color, style, and other factors deemed relevant by the board.
1890 All specifications adopted by the board must comply with the
1891 applicable building code. The installation, maintenance, repair,
1892 replacement, and operation of hurricane protection in accordance
1893 with this subsection is not considered a material alterations or
1894 substantial additions to the common elements or association
1895 property within the meaning of this section.
1896 (a) The board may, subject to s. 718.3026 and the approval
1897 of a majority of voting interests of the residential condominium
1898 or mixed-use condominium, install or require that unit owners
1899 install hurricane shutters, impact glass, code-compliant windows
1900 or doors, or other types of code-compliant hurricane protection
1901 that complies comply with or exceeds exceed the applicable
1902 building code. A vote of the unit owners to require the
1903 installation of hurricane protection must be set forth in a
1904 certificate attesting to such vote and include the date that the
1905 hurricane protection must be installed. The board must record
1906 the certificate in the public records of the county where the
1907 condominium is located. The certificate must include the
1908 recording data identifying the declaration of condominium and
1909 must be executed in the form required for the execution of a
1910 deed. Once the certificate is recorded, the board must mail or
1911 hand deliver a copy of the recorded certificate to the unit
1912 owners at the owners’ addresses, as reflected in the records of
1913 the association. The board may provide a copy of the recorded
1914 certificate by electronic transmission to unit owners who
1915 previously consented to receive notice by electronic
1916 transmission. The failure to record the certificate or send a
1917 copy of the recorded certificate to the unit owners does not
1918 affect the validity or enforceability of the vote of the unit
1919 owners. However, A vote of the unit owners under this paragraph
1920 is not required if the installation, maintenance, repair, and
1921 replacement of the hurricane shutters, impact glass, code
1922 compliant windows or doors, or other types of code-compliant
1923 hurricane protection, or any exterior windows, doors, or other
1924 apertures protected by the hurricane protection, is are the
1925 responsibility of the association pursuant to the declaration of
1926 condominium as originally recorded or as amended, or if the unit
1927 owners are required to install hurricane protection pursuant to
1928 the declaration of condominium as originally recorded or as
1929 amended. If hurricane protection or laminated glass or window
1930 film architecturally designed to function as hurricane
1931 protection that complies with or exceeds the current applicable
1932 building code has been previously installed, the board may not
1933 install the same type of hurricane shutters, impact glass, code
1934 compliant windows or doors, or other types of code-compliant
1935 hurricane protection or require that unit owners install the
1936 same type of hurricane protection unless the installed hurricane
1937 protection has reached the end of its useful life or unless it
1938 is necessary to prevent damage to the common elements or to a
1939 unit except upon approval by a majority vote of the voting
1940 interests.
1941 (b) The association is responsible for the maintenance,
1942 repair, and replacement of the hurricane shutters, impact glass,
1943 code-compliant windows or doors, or other types of code
1944 compliant hurricane protection authorized by this subsection if
1945 such property is the responsibility of the association pursuant
1946 to the declaration of condominium. If the hurricane shutters,
1947 impact glass, code-compliant windows or doors, or other types of
1948 code-compliant hurricane protection are the responsibility of
1949 the unit owners pursuant to the declaration of condominium, the
1950 maintenance, repair, and replacement of such items are the
1951 responsibility of the unit owner.
1952 (b)(c) The board may operate shutters, impact glass, code
1953 compliant windows or doors, or other types of code-compliant
1954 hurricane protection installed pursuant to this subsection
1955 without permission of the unit owners only if such operation is
1956 necessary to preserve and protect the condominium property or
1957 and association property. The installation, replacement,
1958 operation, repair, and maintenance of such shutters, impact
1959 glass, code-compliant windows or doors, or other types of code
1960 compliant hurricane protection in accordance with the procedures
1961 set forth in this paragraph are not a material alteration to the
1962 common elements or association property within the meaning of
1963 this section.
1964 (c)(d) Notwithstanding any other provision in the
1965 residential condominium or mixed-use condominium documents, if
1966 approval is required by the documents, a board may not refuse to
1967 approve the installation or replacement of hurricane shutters,
1968 impact glass, code-compliant windows or doors, or other types of
1969 code-compliant hurricane protection by a unit owner which
1970 conforms conforming to the specifications adopted by the board.
1971 However, a board may require the unit owner to adhere to an
1972 existing unified building scheme regarding the external
1973 appearance of the condominium.
1974 (d) Unless otherwise provided in a declaration of
1975 condominium recorded in the public record before July 1, 2024, a
1976 unit owner is not responsible for the cost of any removal or
1977 reinstallation of hurricane protection, and any exterior window,
1978 door, or other aperture protected by the hurricane protection,
1979 if its removal is necessary for the maintenance, repair, or
1980 replacement of other condominium property or association
1981 property for which the association is responsible. The board
1982 shall determine if the removal or reinstallation of hurricane
1983 protection must be completed by the unit owner or the
1984 association. If such removal or reinstallation is completed by
1985 the association, the costs incurred by the association may not
1986 be charged to the unit owner. If such removal or reinstallation
1987 is completed by the unit owner, the association must reimburse
1988 the unit owner for the cost of the removal or reinstallation or
1989 the association must apply the unit owner’s cost of removal or
1990 reinstallation as a credit toward future assessments.
1991 (e) If the removal or installation of hurricane protection
1992 or of any exterior windows, doors, or other apertures protected
1993 by the hurricane protection are the responsibility of the unit
1994 owner, such removal or installation is completed by the
1995 association, and the association then charges the unit owner for
1996 such removal or installation, such charges are enforceable as an
1997 assessment and may be collected in the manner provided under s.
1998 718.116.
1999 Section 12. Paragraph (e) of subsection (1) of section
2000 718.115, Florida Statutes, is amended to read:
2001 718.115 Common expenses and common surplus.—
2002 (1)
2003 (e)1. Except as provided in s. 718.113(5)(d) The expense of
2004 installation, replacement, operation, repair, and maintenance of
2005 hurricane shutters, impact glass, code-compliant windows or
2006 doors, or other types of code-compliant hurricane protection by
2007 the board pursuant to s. 718.113(5) constitutes a common expense
2008 and shall be collected as provided in this section if the
2009 association is responsible for the maintenance, repair, and
2010 replacement of the hurricane shutters, impact glass, code
2011 compliant windows or doors, or other types of code-compliant
2012 hurricane protection pursuant to the declaration of condominium.
2013 However, if the installation of maintenance, repair, and
2014 replacement of the hurricane shutters, impact glass, code
2015 compliant windows or doors, or other types of code-compliant
2016 hurricane protection is are the responsibility of the unit
2017 owners pursuant to the declaration of condominium or a vote of
2018 the unit owners under s. 718.113(5), the cost of the
2019 installation of the hurricane shutters, impact glass, code
2020 compliant windows or doors, or other types of code-compliant
2021 hurricane protection by the association is not a common expense
2022 and must shall be charged individually to the unit owners based
2023 on the cost of installation of the hurricane shutters, impact
2024 glass, code-compliant windows or doors, or other types of code
2025 compliant hurricane protection appurtenant to the unit. The
2026 costs of installation of hurricane protection are enforceable as
2027 an assessment and may be collected in the manner provided under
2028 s. 718.116.
2029 2. Notwithstanding s. 718.116(9), and regardless of whether
2030 or not the declaration requires the association or unit owners
2031 to install, maintain, repair, or replace hurricane shutters,
2032 impact glass, code-compliant windows or doors, or other types of
2033 code-compliant hurricane protection, the a unit owner of a unit
2034 where who has previously installed hurricane shutters in
2035 accordance with s. 718.113(5) that comply with the current
2036 applicable building code shall receive a credit when the
2037 shutters are installed; a unit owner who has previously
2038 installed impact glass or code-compliant windows or doors that
2039 comply with the current applicable building code shall receive a
2040 credit when the impact glass or code-compliant windows or doors
2041 are installed; and a unit owner who has installed other types of
2042 code-compliant hurricane protection that complies comply with
2043 the current applicable building code has been installed is
2044 excused from any assessment levied by the association or shall
2045 receive a credit if when the same type of other code-compliant
2046 hurricane protection is installed by the association, and the
2047 credit shall be equal to the pro rata portion of the assessed
2048 installation cost assigned to each unit. A credit is applicable
2049 if the installation of hurricane protection is for all other
2050 units that do not have hurricane protection and the cost of such
2051 installation is funded by the association’s budget, including
2052 the use of reserve funds. The credit must be equal to the amount
2053 that the unit owner would have been assessed to install the
2054 hurricane protection. However, such unit owner remains
2055 responsible for the pro rata share of expenses for hurricane
2056 shutters, impact glass, code-compliant windows or doors, or
2057 other types of code-compliant hurricane protection installed on
2058 common elements and association property by the board pursuant
2059 to s. 718.113(5) and remains responsible for a pro rata share of
2060 the expense of the replacement, operation, repair, and
2061 maintenance of such shutters, impact glass, code-compliant
2062 windows or doors, or other types of code-compliant hurricane
2063 protection. Expenses for the installation, replacement,
2064 operation, repair, or maintenance of hurricane protection on
2065 common elements and association property are common expenses.
2066 Section 13. Paragraph (a) of subsection (4) of section
2067 718.121, Florida Statutes, is amended to read:
2068 718.121 Liens.—
2069 (4)(a) If an association sends out an invoice for
2070 assessments or a unit’s statement of the account described in s.
2071 718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
2072 assessments or the unit’s statement of account must be delivered
2073 to the unit owner by first-class United States mail or by
2074 electronic transmission to the unit owner’s e-mail address
2075 maintained in the association’s official records.
2076 Section 14. Section 718.1224, Florida Statutes, is amended
2077 to read:
2078 718.1224 Prohibition against SLAPP suits; other prohibited
2079 actions.—
2080 (1) It is the intent of the Legislature to protect the
2081 right of condominium unit owners to exercise their rights to
2082 instruct their representatives and petition for redress of
2083 grievances before their condominium association and the various
2084 governmental entities of this state as protected by the First
2085 Amendment to the United States Constitution and s. 5, Art. I of
2086 the State Constitution. The Legislature recognizes that
2087 strategic lawsuits against public participation, or “SLAPP
2088 suits,” as they are typically referred to, have occurred when
2089 association members are sued by condominium associations,
2090 individuals, business entities, or governmental entities arising
2091 out of a condominium unit owner’s appearance and presentation
2092 before the board of the condominium association or a
2093 governmental entity on matters related to the condominium
2094 association. However, it is the public policy of this state that
2095 condominium associations, governmental entities, business
2096 organizations, and individuals not engage in SLAPP suits,
2097 because such actions are inconsistent with the right of
2098 condominium unit owners to participate in their condominium
2099 association and in the state’s institutions of government.
2100 Therefore, the Legislature finds and declares that prohibiting
2101 such lawsuits by condominium associations, governmental
2102 entities, business entities, and individuals against condominium
2103 unit owners who address matters concerning their condominium
2104 association will preserve this fundamental state policy,
2105 preserve the constitutional rights of condominium unit owners,
2106 and ensure the continuation of representative government in this
2107 state, and ensure unit owner participation in condominium
2108 associations. It is the intent of the Legislature that such
2109 lawsuits be expeditiously disposed of by the courts. As used in
2110 this subsection, the term “governmental entity” means the state,
2111 including the executive, legislative, and judicial branches of
2112 government; law enforcement agencies; the independent
2113 establishments of the state, counties, municipalities,
2114 districts, authorities, boards, or commissions; or any agencies
2115 of these branches that are subject to chapter 286.
2116 (2) A condominium association, a governmental entity, a
2117 business organization, or an individual in this state may not
2118 file or cause to be filed through its employees or agents any
2119 lawsuit, cause of action, claim, cross-claim, or counterclaim
2120 against a condominium unit owner without merit and solely
2121 because such condominium unit owner has exercised the right to
2122 instruct his or her representatives or the right to petition for
2123 redress of grievances before the condominium association or the
2124 various governmental entities of this state, as protected by the
2125 First Amendment to the United States Constitution and s. 5, Art.
2126 I of the State Constitution.
2127 (3) A condominium association may not fine,
2128 discriminatorily increase a unit owner’s assessments or
2129 discriminatorily decrease services to a unit owner, or bring or
2130 threaten to bring an action for possession or other civil
2131 action, including a defamation, libel, slander, or tortious
2132 interference action, based on conduct described in paragraphs
2133 (a)-(f). In order for the unit owner to raise the defense of
2134 retaliatory conduct, the unit owner must have acted in good
2135 faith and not for any improper purposes, such as to harass or to
2136 cause unnecessary delay or for frivolous purpose or needless
2137 increase in the cost of litigation. Examples of conduct for
2138 which a condominium association, officer, director, or agent of
2139 an association may not retaliate include, but are not limited
2140 to, situations where:
2141 (a) The unit owner has in good faith complained to a
2142 governmental agency charged with responsibility for enforcement
2143 of a building, housing, or health code of a suspected violation
2144 applicable to the condominium;
2145 (b) The unit owner has organized, encouraged, or
2146 participated in a unit owners’ organization;
2147 (c) The unit owner submitted information or filed a
2148 complaint alleging criminal violations or violations of this
2149 chapter or the rules of the division with the division, the
2150 Office of the Condominium Ombudsman, a law enforcement agency, a
2151 state attorney, the Attorney General, or any other governmental
2152 agency;
2153 (d) The unit owner has exercised his or her rights under
2154 this chapter;
2155 (e) The unit owner has complained to the association or any
2156 of its representatives for their failure to comply with this
2157 chapter or chapter 617; or
2158 (f) The unit owner has made public statements critical of
2159 the operation or management of the association.
2160 (4) Evidence of retaliatory conduct may be raised by the
2161 unit owner as a defense in any action brought against him or her
2162 for possession.
2163 (5) A condominium unit owner sued by a condominium
2164 association, governmental entity, business organization, or
2165 individual in violation of this section has a right to an
2166 expeditious resolution of a claim that the suit is in violation
2167 of this section. A condominium unit owner may petition the court
2168 for an order dismissing the action or granting final judgment in
2169 favor of that condominium unit owner. The petitioner may file a
2170 motion for summary judgment, together with supplemental
2171 affidavits, seeking a determination that the condominium
2172 association’s, governmental entity’s, business organization’s,
2173 or individual’s lawsuit has been brought in violation of this
2174 section. The condominium association, governmental entity,
2175 business organization, or individual shall thereafter file its
2176 response and any supplemental affidavits. As soon as
2177 practicable, the court shall set a hearing on the petitioner’s
2178 motion, which shall be held at the earliest possible time after
2179 the filing of the condominium association’s, governmental
2180 entity’s, business organization’s, or individual’s response. The
2181 court may award the condominium unit owner sued by the
2182 condominium association, governmental entity, business
2183 organization, or individual actual damages arising from the
2184 condominium association’s, governmental entity’s, individual’s,
2185 or business organization’s violation of this section. A court
2186 may treble the damages awarded to a prevailing condominium unit
2187 owner and shall state the basis for the treble damages award in
2188 its judgment. The court shall award the prevailing party
2189 reasonable attorney’s fees and costs incurred in connection with
2190 a claim that an action was filed in violation of this section.
2191 (6)(4) Condominium associations may not expend association
2192 funds in prosecuting a SLAPP suit against a condominium unit
2193 owner.
2194 (7) Condominium associations may not expend association
2195 funds in support of a defamation, libel, slander, or tortious
2196 interference action against a unit owner or any other claim
2197 against a unit owner based on conduct described in paragraphs
2198 (3)(a)-(f).
2199 Section 15. Section 718.128, Florida Statutes, is amended
2200 to read:
2201 718.128 Electronic voting.—The association may conduct
2202 elections and other unit owner votes through an Internet-based
2203 online voting system if a unit owner consents, electronically or
2204 in writing, to online voting and if the following requirements
2205 are met:
2206 (1) The association provides each unit owner with:
2207 (a) A method to authenticate the unit owner’s identity to
2208 the online voting system.
2209 (b) For elections of the board, a method to transmit an
2210 electronic ballot to the online voting system that ensures the
2211 secrecy and integrity of each ballot.
2212 (c) A method to confirm, at least 14 days before the voting
2213 deadline, that the unit owner’s electronic device can
2214 successfully communicate with the online voting system.
2215 (2) The association uses an online voting system that is:
2216 (a) Able to authenticate the unit owner’s identity.
2217 (b) Able to authenticate the validity of each electronic
2218 vote to ensure that the vote is not altered in transit.
2219 (c) Able to transmit a receipt from the online voting
2220 system to each unit owner who casts an electronic vote.
2221 (d) For elections of the board of administration, able to
2222 permanently separate any authentication or identifying
2223 information from the electronic election ballot, rendering it
2224 impossible to tie an election ballot to a specific unit owner.
2225 (e) Able to store and keep electronic votes accessible to
2226 election officials for recount, inspection, and review purposes.
2227 (3) A unit owner voting electronically pursuant to this
2228 section shall be counted as being in attendance at the meeting
2229 for purposes of determining a quorum. A substantive vote of the
2230 unit owners may not be taken on any issue other than the issues
2231 specifically identified in the electronic vote, when a quorum is
2232 established based on unit owners voting electronically pursuant
2233 to this section.
2234 (4) This section applies to an association that provides
2235 for and authorizes an online voting system pursuant to this
2236 section by a board resolution. The board resolution must provide
2237 that unit owners receive notice of the opportunity to vote
2238 through an online voting system, must establish reasonable
2239 procedures and deadlines for unit owners to consent,
2240 electronically or in writing, to online voting, and must
2241 establish reasonable procedures and deadlines for unit owners to
2242 opt out of online voting after giving consent. Written notice of
2243 a meeting at which the resolution will be considered must be
2244 mailed, delivered, or electronically transmitted to the unit
2245 owners and posted conspicuously on the condominium property or
2246 association property at least 14 days before the meeting.
2247 Evidence of compliance with the 14-day notice requirement must
2248 be made by an affidavit executed by the person providing the
2249 notice and filed with the official records of the association.
2250 (5) A unit owner’s consent to online voting is valid until
2251 the unit owner opts out of online voting according to the
2252 procedures established by the board of administration pursuant
2253 to subsection (4).
2254 (6) This section may apply to any matter that requires a
2255 vote of the unit owners who are not members of a timeshare
2256 condominium association.
2257 Section 16. Paragraph (p) of subsection (4) of section
2258 718.301, Florida Statutes, is amended to read:
2259 718.301 Transfer of association control; claims of defect
2260 by association.—
2261 (4) At the time that unit owners other than the developer
2262 elect a majority of the members of the board of administration
2263 of an association, the developer shall relinquish control of the
2264 association, and the unit owners shall accept control.
2265 Simultaneously, or for the purposes of paragraph (c) not more
2266 than 90 days thereafter, the developer shall deliver to the
2267 association, at the developer’s expense, all property of the
2268 unit owners and of the association which is held or controlled
2269 by the developer, including, but not limited to, the following
2270 items, if applicable, as to each condominium operated by the
2271 association:
2272 (p) Notwithstanding when the certificate of occupancy was
2273 issued or the height of the building, a turnover inspection
2274 report included in the official records, under seal of an
2275 architect or engineer authorized to practice in this state or a
2276 person certified as a reserve specialist or professional reserve
2277 analyst by the Community Associations Institute or the
2278 Association of Professional Reserve Analysts, and consisting of
2279 a structural integrity reserve study attesting to required
2280 maintenance, condition, useful life, and replacement costs of
2281 the following applicable condominium property:
2282 1. Roof.
2283 2. Structure, including load-bearing walls and primary
2284 structural members and primary structural systems as those terms
2285 are defined in s. 627.706.
2286 3. Fireproofing and fire protection systems.
2287 4. Plumbing.
2288 5. Electrical systems.
2289 6. Waterproofing and exterior painting.
2290 7. Windows and exterior doors.
2291 Section 17. Subsections (4) and (5) of section 718.3027,
2292 Florida Statutes, are amended to read:
2293 718.3027 Conflicts of interest.—
2294 (4) A director or an officer, or a relative of a director
2295 or an officer, who is a party to, or has an interest in, an
2296 activity that is a possible conflict of interest, as described
2297 in subsection (1), may attend the meeting at which the activity
2298 is considered by the board and is authorized to make a
2299 presentation to the board regarding the activity. After the
2300 presentation, the director or officer, and any or the relative
2301 of the director or officer, must leave the meeting during the
2302 discussion of, and the vote on, the activity. A director or an
2303 officer who is a party to, or has an interest in, the activity
2304 must recuse himself or herself from the vote. The attendance of
2305 a director with a possible conflict of interest at the meeting
2306 of the board is sufficient to constitute a quorum for the
2307 meeting and the vote in his or her absence on the proposed
2308 activity.
2309 (5) A contract entered into between a director or an
2310 officer, or a relative of a director or an officer, and the
2311 association, which is not a timeshare condominium association,
2312 that has not been properly disclosed as a conflict of interest
2313 or potential conflict of interest as required by this section or
2314 s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
2315 the filing of a written notice terminating the contract with the
2316 board of directors which contains the consent of at least 20
2317 percent of the voting interests of the association.
2318 Section 18. Subsection (5) of section 718.303, Florida
2319 Statutes, is amended to read:
2320 718.303 Obligations of owners and occupants; remedies.—
2321 (5) An association may suspend the voting rights of a unit
2322 owner or member due to nonpayment of any fee, fine, or other
2323 monetary obligation due to the association which is more than
2324 $1,000 and more than 90 days delinquent. Proof of such
2325 obligation must be provided to the unit owner or member 30 days
2326 before such suspension takes effect. Notice of such obligation
2327 must also be provided to the unit owner at least 90 days before
2328 an election. A voting interest or consent right allocated to a
2329 unit owner or member which has been suspended by the association
2330 shall be subtracted from the total number of voting interests in
2331 the association, which shall be reduced by the number of
2332 suspended voting interests when calculating the total percentage
2333 or number of all voting interests available to take or approve
2334 any action, and the suspended voting interests shall not be
2335 considered for any purpose, including, but not limited to, the
2336 percentage or number of voting interests necessary to constitute
2337 a quorum, the percentage or number of voting interests required
2338 to conduct an election, or the percentage or number of voting
2339 interests required to approve an action under this chapter or
2340 pursuant to the declaration, articles of incorporation, or
2341 bylaws. The suspension ends upon full payment of all obligations
2342 currently due or overdue the association. The notice and hearing
2343 requirements under subsection (3) do not apply to a suspension
2344 imposed under this subsection.
2345 Section 19. Subsections (1) and (2) of section 718.501,
2346 Florida Statutes, are amended to read:
2347 718.501 Authority, responsibility, and duties of Division
2348 of Florida Condominiums, Timeshares, and Mobile Homes.—
2349 (1) The division may enforce and ensure compliance with
2350 this chapter and rules relating to the development,
2351 construction, sale, lease, ownership, operation, and management
2352 of residential condominium units and complaints related to the
2353 procedural completion of milestone inspections under s. 553.899.
2354 In performing its duties, the division has complete jurisdiction
2355 to investigate complaints and enforce compliance with respect to
2356 associations that are still under developer control or the
2357 control of a bulk assignee or bulk buyer pursuant to part VII of
2358 this chapter and complaints against developers, bulk assignees,
2359 or bulk buyers involving improper turnover or failure to
2360 turnover, pursuant to s. 718.301. However, after turnover has
2361 occurred, the division has jurisdiction to investigate
2362 complaints related only to financial issues, elections, and the
2363 maintenance of and unit owner access to association records
2364 under s. 718.111(12), allegations of criminal violations under
2365 this chapter, the removal of a director or an officer under s.
2366 718.112(2)(q), and the procedural completion of structural
2367 integrity reserve studies under s. 718.112(2)(g).
2368 (a)1. The division may make necessary public or private
2369 investigations within or outside this state to determine whether
2370 any person has violated this chapter or any rule or order
2371 hereunder, to aid in the enforcement of this chapter, or to aid
2372 in the adoption of rules or forms.
2373 2. The division may submit any official written report,
2374 worksheet, or other related paper, or a duly certified copy
2375 thereof, compiled, prepared, drafted, or otherwise made by and
2376 duly authenticated by a financial examiner or analyst to be
2377 admitted as competent evidence in any hearing in which the
2378 financial examiner or analyst is available for cross-examination
2379 and attests under oath that such documents were prepared as a
2380 result of an examination or inspection conducted pursuant to
2381 this chapter.
2382 (b) The division may require or permit any person to file a
2383 statement in writing, under oath or otherwise, as the division
2384 determines, as to the facts and circumstances concerning a
2385 matter to be investigated.
2386 (c) For the purpose of any investigation under this
2387 chapter, the division director or any officer or employee
2388 designated by the division director may administer oaths or
2389 affirmations, subpoena witnesses and compel their attendance,
2390 take evidence, and require the production of any matter which is
2391 relevant to the investigation, including the existence,
2392 description, nature, custody, condition, and location of any
2393 books, documents, or other tangible things and the identity and
2394 location of persons having knowledge of relevant facts or any
2395 other matter reasonably calculated to lead to the discovery of
2396 material evidence. Upon the failure by a person to obey a
2397 subpoena or to answer questions propounded by the investigating
2398 officer and upon reasonable notice to all affected persons, the
2399 division may apply to the circuit court for an order compelling
2400 compliance.
2401 (d) Notwithstanding any remedies available to unit owners
2402 and associations, if the division has reasonable cause to
2403 believe that a violation of any provision of this chapter or
2404 related rule has occurred, the division may institute
2405 enforcement proceedings in its own name against any developer,
2406 bulk assignee, bulk buyer, association, officer, or member of
2407 the board of administration, or its assignees or agents, as
2408 follows:
2409 1. The division may permit a person whose conduct or
2410 actions may be under investigation to waive formal proceedings
2411 and enter into a consent proceeding whereby orders, rules, or
2412 letters of censure or warning, whether formal or informal, may
2413 be entered against the person.
2414 2. The division may issue an order requiring the developer,
2415 bulk assignee, bulk buyer, association, developer-designated
2416 officer, or developer-designated member of the board of
2417 administration, developer-designated assignees or agents, bulk
2418 assignee-designated assignees or agents, bulk buyer-designated
2419 assignees or agents, community association manager, or community
2420 association management firm to cease and desist from the
2421 unlawful practice and take such affirmative action as in the
2422 judgment of the division carry out the purposes of this chapter.
2423 If the division finds that a developer, bulk assignee, bulk
2424 buyer, association, officer, or member of the board of
2425 administration, or its assignees or agents, is violating or is
2426 about to violate any provision of this chapter, any rule adopted
2427 or order issued by the division, or any written agreement
2428 entered into with the division, and presents an immediate danger
2429 to the public requiring an immediate final order, it may issue
2430 an emergency cease and desist order reciting with particularity
2431 the facts underlying such findings. The emergency cease and
2432 desist order is effective for 90 days. If the division begins
2433 nonemergency cease and desist proceedings, the emergency cease
2434 and desist order remains effective until the conclusion of the
2435 proceedings under ss. 120.569 and 120.57.
2436 3. If a developer, bulk assignee, or bulk buyer fails to
2437 pay any restitution determined by the division to be owed, plus
2438 any accrued interest at the highest rate permitted by law,
2439 within 30 days after expiration of any appellate time period of
2440 a final order requiring payment of restitution or the conclusion
2441 of any appeal thereof, whichever is later, the division must
2442 bring an action in circuit or county court on behalf of any
2443 association, class of unit owners, lessees, or purchasers for
2444 restitution, declaratory relief, injunctive relief, or any other
2445 available remedy. The division may also temporarily revoke its
2446 acceptance of the filing for the developer to which the
2447 restitution relates until payment of restitution is made.
2448 4. The division may petition the court for appointment of a
2449 receiver or conservator. If appointed, the receiver or
2450 conservator may take action to implement the court order to
2451 ensure the performance of the order and to remedy any breach
2452 thereof. In addition to all other means provided by law for the
2453 enforcement of an injunction or temporary restraining order, the
2454 circuit court may impound or sequester the property of a party
2455 defendant, including books, papers, documents, and related
2456 records, and allow the examination and use of the property by
2457 the division and a court-appointed receiver or conservator.
2458 5. The division may apply to the circuit court for an order
2459 of restitution whereby the defendant in an action brought under
2460 subparagraph 4. is ordered to make restitution of those sums
2461 shown by the division to have been obtained by the defendant in
2462 violation of this chapter. At the option of the court, such
2463 restitution is payable to the conservator or receiver appointed
2464 under subparagraph 4. or directly to the persons whose funds or
2465 assets were obtained in violation of this chapter.
2466 6. The division may impose a civil penalty against a
2467 developer, bulk assignee, or bulk buyer, or association, or its
2468 assignee or agent, for any violation of this chapter, or related
2469 rule, or chapter 617. The division may impose a civil penalty
2470 individually against an officer or board member who willfully
2471 and knowingly violates this chapter, an adopted rule, or a final
2472 order of the division; may order the removal of such individual
2473 as an officer or from the board of administration or as an
2474 officer of the association; and may prohibit such individual
2475 from serving as an officer or on the board of a community
2476 association for a period of time. The term “willfully and
2477 knowingly” means that the division informed the officer or board
2478 member that his or her action or intended action violates this
2479 chapter, a rule adopted under this chapter, or a final order of
2480 the division and that the officer or board member refused to
2481 comply with the requirements of this chapter, a rule adopted
2482 under this chapter, or a final order of the division. The
2483 division, before initiating formal agency action under chapter
2484 120, must afford the officer or board member an opportunity to
2485 voluntarily comply, and an officer or board member who complies
2486 within 10 days is not subject to a civil penalty. A penalty may
2487 be imposed on the basis of each day of continuing violation, but
2488 the penalty for any offense may not exceed $5,000. The division
2489 shall adopt, by rule, penalty guidelines applicable to possible
2490 violations or to categories of violations of this chapter or
2491 rules adopted by the division. The guidelines must specify a
2492 meaningful range of civil penalties for each such violation of
2493 the statute and rules and must be based upon the harm caused by
2494 the violation, upon the repetition of the violation, and upon
2495 such other factors deemed relevant by the division. For example,
2496 the division may consider whether the violations were committed
2497 by a developer, bulk assignee, or bulk buyer, or owner
2498 controlled association, the size of the association, and other
2499 factors. The guidelines must designate the possible mitigating
2500 or aggravating circumstances that justify a departure from the
2501 range of penalties provided by the rules. It is the legislative
2502 intent that minor violations be distinguished from those which
2503 endanger the health, safety, or welfare of the condominium
2504 residents or other persons and that such guidelines provide
2505 reasonable and meaningful notice to the public of likely
2506 penalties that may be imposed for proscribed conduct. This
2507 subsection does not limit the ability of the division to
2508 informally dispose of administrative actions or complaints by
2509 stipulation, agreed settlement, or consent order. All amounts
2510 collected shall be deposited with the Chief Financial Officer to
2511 the credit of the Division of Florida Condominiums, Timeshares,
2512 and Mobile Homes Trust Fund. If a developer, bulk assignee, or
2513 bulk buyer fails to pay the civil penalty and the amount deemed
2514 to be owed to the association, the division shall issue an order
2515 directing that such developer, bulk assignee, or bulk buyer
2516 cease and desist from further operation until such time as the
2517 civil penalty is paid or may pursue enforcement of the penalty
2518 in a court of competent jurisdiction. If an association fails to
2519 pay the civil penalty, the division shall pursue enforcement in
2520 a court of competent jurisdiction, and the order imposing the
2521 civil penalty or the cease and desist order is not effective
2522 until 20 days after the date of such order. Any action commenced
2523 by the division shall be brought in the county in which the
2524 division has its executive offices or in the county where the
2525 violation occurred.
2526 7. If a unit owner presents the division with proof that
2527 the unit owner has requested access to official records in
2528 writing by certified mail, and that after 10 days the unit owner
2529 again made the same request for access to official records in
2530 writing by certified mail, and that more than 10 days has
2531 elapsed since the second request and the association has still
2532 failed or refused to provide access to official records as
2533 required by this chapter, the division shall issue a subpoena
2534 requiring production of the requested records where the records
2535 are kept pursuant to s. 718.112. Upon receipt of the records,
2536 the division shall provide without charge the produced official
2537 records to the unit owner who was denied access to such records.
2538 8. In addition to subparagraph 6., the division may seek
2539 the imposition of a civil penalty through the circuit court for
2540 any violation for which the division may issue a notice to show
2541 cause under paragraph (s) (r). The civil penalty shall be at
2542 least $500 but no more than $5,000 for each violation. The court
2543 may also award to the prevailing party court costs and
2544 reasonable attorney fees and, if the division prevails, may also
2545 award reasonable costs of investigation.
2546 (e) The division may prepare and disseminate a prospectus
2547 and other information to assist prospective owners, purchasers,
2548 lessees, and developers of residential condominiums in assessing
2549 the rights, privileges, and duties pertaining thereto.
2550 (f) The division may adopt rules to administer and enforce
2551 this chapter.
2552 (g) The division shall establish procedures for providing
2553 notice to an association and the developer, bulk assignee, or
2554 bulk buyer during the period in which the developer, bulk
2555 assignee, or bulk buyer controls the association if the division
2556 is considering the issuance of a declaratory statement with
2557 respect to the declaration of condominium or any related
2558 document governing such condominium community.
2559 (h) The division shall furnish each association that pays
2560 the fees required by paragraph (2)(a) a copy of this chapter, as
2561 amended, and the rules adopted thereto on an annual basis.
2562 (i) The division shall annually provide each association
2563 with a summary of declaratory statements and formal legal
2564 opinions relating to the operations of condominiums which were
2565 rendered by the division during the previous year.
2566 (j) The division shall provide training and educational
2567 programs for condominium association board members and unit
2568 owners. The training may, in the division’s discretion, include
2569 web-based electronic media and live training and seminars in
2570 various locations throughout the state. The division may review
2571 and approve education and training programs for board members
2572 and unit owners offered by providers and shall maintain a
2573 current list of approved programs and providers and make such
2574 list available to board members and unit owners in a reasonable
2575 and cost-effective manner. The division shall adopt by rule the
2576 educational curriculum required under s. 718.112(2)(d) for its
2577 approval of condominium education providers.
2578 (k) The division shall maintain a toll-free telephone
2579 number accessible to condominium unit owners.
2580 (l) The division shall develop a program to certify both
2581 volunteer and paid mediators to provide mediation of condominium
2582 disputes. The division shall provide, upon request, a list of
2583 such mediators to any association, unit owner, or other
2584 participant in alternative dispute resolution proceedings under
2585 s. 718.1255 requesting a copy of the list. The division shall
2586 include on the list of volunteer mediators only the names of
2587 persons who have received at least 20 hours of training in
2588 mediation techniques or who have mediated at least 20 disputes.
2589 In order to become initially certified by the division, paid
2590 mediators must be certified by the Supreme Court to mediate
2591 court cases in county or circuit courts. However, the division
2592 may adopt, by rule, additional factors for the certification of
2593 paid mediators, which must be related to experience, education,
2594 or background. Any person initially certified as a paid mediator
2595 by the division must, in order to continue to be certified,
2596 comply with the factors or requirements adopted by rule.
2597 (m) If a complaint is made, the division must conduct its
2598 inquiry with due regard for the interests of the affected
2599 parties. Within 30 days after receipt of a complaint, the
2600 division shall acknowledge the complaint in writing and notify
2601 the complainant whether the complaint is within the jurisdiction
2602 of the division and whether additional information is needed by
2603 the division from the complainant. The division shall conduct
2604 its investigation and, within 90 days after receipt of the
2605 original complaint or of timely requested additional
2606 information, take action upon the complaint. However, the
2607 failure to complete the investigation within 90 days does not
2608 prevent the division from continuing the investigation,
2609 accepting or considering evidence obtained or received after 90
2610 days, or taking administrative action if reasonable cause exists
2611 to believe that a violation of this chapter or a rule has
2612 occurred. If an investigation is not completed within the time
2613 limits established in this paragraph, the division shall, on a
2614 monthly basis, notify the complainant in writing of the status
2615 of the investigation. When reporting its action to the
2616 complainant, the division shall inform the complainant of any
2617 right to a hearing under ss. 120.569 and 120.57. The division
2618 may adopt rules regarding the submission of a complaint against
2619 an association.
2620 (n) Condominium association directors, officers, and
2621 employees; condominium developers; bulk assignees, bulk buyers,
2622 and community association managers; and community association
2623 management firms have an ongoing duty to reasonably cooperate
2624 with the division in any investigation under this section. The
2625 division shall refer to local law enforcement authorities any
2626 person whom the division believes has altered, destroyed,
2627 concealed, or removed any record, document, or thing required to
2628 be kept or maintained by this chapter with the purpose to impair
2629 its verity or availability in the department’s investigation.
2630 The division shall refer to local law enforcement authorities
2631 any person whom the division believes has engaged in fraud,
2632 theft, embezzlement, or other criminal activity or when the
2633 division has cause to believe that fraud, theft, embezzlement,
2634 or other criminal activity has occurred.
2635 (o) The division director or any officer or employee of the
2636 division, and the condominium ombudsman or an employee of the
2637 Office of the Condominium Ombudsman, may attend and observe any
2638 meeting of the board of administration or unit owner meeting,
2639 including any meeting of a subcommittee or special committee,
2640 that is open to members of the association for the purpose of
2641 performing the duties of the division or the Office of the
2642 Condominium Ombudsman under this chapter.
2643 (p) The division may:
2644 1. Contract with agencies in this state or other
2645 jurisdictions to perform investigative functions; or
2646 2. Accept grants-in-aid from any source.
2647 (q)(p) The division shall cooperate with similar agencies
2648 in other jurisdictions to establish uniform filing procedures
2649 and forms, public offering statements, advertising standards,
2650 and rules and common administrative practices.
2651 (r)(q) The division shall consider notice to a developer,
2652 bulk assignee, or bulk buyer to be complete when it is delivered
2653 to the address of the developer, bulk assignee, or bulk buyer
2654 currently on file with the division.
2655 (s)(r) In addition to its enforcement authority, the
2656 division may issue a notice to show cause, which must provide
2657 for a hearing, upon written request, in accordance with chapter
2658 120.
2659 (t)(s) The division shall submit to the Governor, the
2660 President of the Senate, the Speaker of the House of
2661 Representatives, and the chairs of the legislative
2662 appropriations committees an annual report that includes, but
2663 need not be limited to, the number of training programs provided
2664 for condominium association board members and unit owners, the
2665 number of complaints received by type, the number and percent of
2666 complaints acknowledged in writing within 30 days and the number
2667 and percent of investigations acted upon within 90 days in
2668 accordance with paragraph (m), and the number of investigations
2669 exceeding the 90-day requirement. The annual report must also
2670 include an evaluation of the division’s core business processes
2671 and make recommendations for improvements, including statutory
2672 changes. The report shall be submitted by September 30 following
2673 the end of the fiscal year.
2674 (2)(a) Each condominium association which operates more
2675 than two units shall pay to the division an annual fee in the
2676 amount of $4 for each residential unit in condominiums operated
2677 by the association. The annual fee must be filed together with
2678 the annual certification described in paragraph (c). If the fee
2679 is not paid by March 1, the association shall be assessed a
2680 penalty of 10 percent of the amount due, and the association
2681 will not have standing to maintain or defend any action in the
2682 courts of this state until the amount due, plus any penalty, is
2683 paid.
2684 (b) All fees shall be deposited in the Division of Florida
2685 Condominiums, Timeshares, and Mobile Homes Trust Fund as
2686 provided by law.
2687 (c) On the certification form provided by rule of the
2688 division, the directors of the association shall certify that
2689 all directors of the association have or have not completed the
2690 written certification and educational certificate requirements
2691 in s. 718.112(2)(d)4.b. If the association certifies that a
2692 director has not completed the written certification and
2693 educational certificate requirements, the association must
2694 explain on the certification form the reasons the written
2695 certification and educational certificate requirements have not
2696 been met and provide the date by which the requirements will be
2697 met, which may not be more than 60 days after the date the
2698 certification form required under this paragraph is submitted to
2699 the division. Upon completion of the requirements in s.
2700 718.112(2)(d)4.b., the association must notify the division, on
2701 a form adopted by rule of the division, that the requirements
2702 have been met.
2703 Section 20. Subsection (2) of section 718.5011, Florida
2704 Statutes, is amended to read:
2705 718.5011 Ombudsman; appointment; administration.—
2706 (2) The secretary of the Department of Business and
2707 Professional Regulation Governor shall appoint the ombudsman.
2708 The ombudsman must be an attorney admitted to practice before
2709 the Florida Supreme Court who and shall serve at the pleasure of
2710 the secretary Governor. A vacancy in the office shall be filled
2711 in the same manner as the original appointment. An officer or
2712 full-time employee of the ombudsman’s office may not actively
2713 engage in any other business or profession that directly or
2714 indirectly relates to or conflicts with his or her work in the
2715 ombudsman’s office; serve as the representative of any political
2716 party, executive committee, or other governing body of a
2717 political party; serve as an executive, officer, or employee of
2718 a political party; receive remuneration for activities on behalf
2719 of any candidate for public office; or engage in soliciting
2720 votes or other activities on behalf of a candidate for public
2721 office. The ombudsman or any employee of his or her office may
2722 not become a candidate for election to public office unless he
2723 or she first resigns from his or her office or employment.
2724 Section 21. Subsection (1) of section 718.618, Florida
2725 Statutes, is amended to read:
2726 718.618 Converter reserve accounts; warranties.—
2727 (1) When existing improvements are converted to ownership
2728 as a residential condominium, the developer shall establish
2729 converter reserve accounts for capital expenditures and planned
2730 deferred maintenance, or give warranties as provided by
2731 subsection (6), or post a surety bond as provided by subsection
2732 (7). The developer shall fund the converter reserve accounts in
2733 amounts calculated as follows:
2734 (a)1. When the existing improvements include an air
2735 conditioning system serving more than one unit or property which
2736 the association is responsible to repair, maintain, or replace,
2737 the developer shall fund an air-conditioning reserve account.
2738 The amount of the reserve account shall be the product of the
2739 estimated current replacement cost of the system, as disclosed
2740 and substantiated pursuant to s. 718.616(3)(b), multiplied by a
2741 fraction, the numerator of which shall be the lesser of the age
2742 of the system in years or 9, and the denominator of which shall
2743 be 10. When such air-conditioning system is within 1,000 yards
2744 of the seacoast, the numerator shall be the lesser of the age of
2745 the system in years or 3, and the denominator shall be 4.
2746 2. The developer shall fund a plumbing reserve account. The
2747 amount of the funding shall be the product of the estimated
2748 current replacement cost of the plumbing component, as disclosed
2749 and substantiated pursuant to s. 718.616(3)(b), multiplied by a
2750 fraction, the numerator of which shall be the lesser of the age
2751 of the plumbing in years or 36, and the denominator of which
2752 shall be 40.
2753 3. The developer shall fund a roof reserve account. The
2754 amount of the funding shall be the product of the estimated
2755 current replacement cost of the roofing component, as disclosed
2756 and substantiated pursuant to s. 718.616(3)(b), multiplied by a
2757 fraction, the numerator of which shall be the lesser of the age
2758 of the roof in years or the numerator listed in the following
2759 table. The denominator of the fraction shall be determined based
2760 on the roof type, as follows:
2761
2762 Roof Type Numerator Denominator
2763 a. Built-up roof without insulation 4 5
2764 b. Built-up roof with insulation 4 5
2765 c. Cement tile roof 45 50
2766 d. Asphalt shingle roof 14 15
2767 e. Copper roof
2768 f. Wood shingle roof 9 10
2769 g. All other types 18 20
2770
2771 (b) The age of any component or structure for which the
2772 developer is required to fund a reserve account shall be
2773 measured in years, rounded to the nearest whole year. The amount
2774 of converter reserves to be funded by the developer for each
2775 structure or component shall be based on the age of the
2776 structure or component as disclosed in the inspection report.
2777 The architect or engineer shall determine the age of the
2778 component from the later of:
2779 1. The date when the component or structure was replaced or
2780 substantially renewed, if the replacement or renewal of the
2781 component at least met the requirements of the then-applicable
2782 building code; or
2783 2. The date when the installation or construction of the
2784 existing component or structure was completed.
2785 (c) When the age of a component or structure is to be
2786 measured from the date of replacement or renewal, the developer
2787 shall provide the division with a certificate, under the seal of
2788 an architect or engineer authorized to practice in this state,
2789 verifying:
2790 1. The date of the replacement or renewal; and
2791 2. That the replacement or renewal at least met the
2792 requirements of the then-applicable building code.
2793 (d) In addition to establishing the reserve accounts
2794 specified above, the developer shall establish those other
2795 reserve accounts required by s. 718.112(2)(f), and shall fund
2796 those accounts in accordance with the formula provided therein.
2797 The vote to waive or reduce the funding or reserves required by
2798 s. 718.112(2)(f) does not affect or negate the obligations
2799 arising under this section.
2800 Section 22. Paragraphs (j) and (k) of subsection (1) of
2801 section 719.106, Florida Statutes, are amended to read:
2802 719.106 Bylaws; cooperative ownership.—
2803 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
2804 documents shall provide for the following, and if they do not,
2805 they shall be deemed to include the following:
2806 (j) Annual budget.—
2807 1. The proposed annual budget of common expenses must be
2808 detailed and must show the amounts budgeted by accounts and
2809 expense classifications, including, if applicable, but not
2810 limited to, those expenses listed in s. 719.504(20). The board
2811 of administration shall adopt the annual budget at least 14 days
2812 before the start of the association’s fiscal year. In the event
2813 that the board fails to timely adopt the annual budget a second
2814 time, it is deemed a minor violation and the prior year’s budget
2815 shall continue in effect until a new budget is adopted.
2816 2. In addition to annual operating expenses, the budget
2817 must include reserve accounts for capital expenditures and
2818 planned deferred maintenance. These accounts must include, but
2819 not be limited to, roof replacement, building painting, and
2820 pavement resurfacing, regardless of the amount of planned
2821 deferred maintenance expense or replacement cost, and for any
2822 other items for which the planned deferred maintenance expense
2823 or replacement cost exceeds $10,000. The amount to be reserved
2824 must be computed by means of a formula which is based upon
2825 estimated remaining useful life and estimated replacement cost
2826 or planned deferred maintenance expense of the reserve item. In
2827 a budget adopted by an association that is required to obtain a
2828 structural integrity reserve study, reserves must be maintained
2829 for the items identified in paragraph (k) for which the
2830 association is responsible pursuant to the declaration, and the
2831 reserve amount for such items must be based on the findings and
2832 recommendations of the association’s most recent structural
2833 integrity reserve study. With respect to items for which an
2834 estimate of useful life is not readily ascertainable or with an
2835 estimated remaining useful life of greater than 25 years, an
2836 association is not required to reserve replacement costs for
2837 such items, but an association must reserve the amount of
2838 planned deferred maintenance expense, if any, which is
2839 recommended by the structural integrity reserve study for such
2840 items. The association may adjust replacement reserve
2841 assessments annually to take into account an inflation
2842 adjustment and any changes in estimates or extension of the
2843 useful life of a reserve item caused by planned deferred
2844 maintenance. The members of a unit-owner-controlled association
2845 may determine, by a majority vote of the total voting interests
2846 of the association, for a fiscal year to provide no reserves or
2847 reserves less adequate than required by this subsection. Before
2848 turnover of control of an association by a developer to unit
2849 owners other than a developer under s. 719.301, the developer
2850 controlled association may not vote to waive the reserves or
2851 reduce funding of the reserves. For a budget adopted on or after
2852 December 31, 2024, a unit-owner-controlled association that must
2853 obtain a structural integrity reserve study may not determine to
2854 provide no reserves or reserves less adequate than required by
2855 this paragraph for items listed in paragraph (k). If a meeting
2856 of the unit owners has been called to determine to provide no
2857 reserves, or reserves less adequate than required, and such
2858 result is not attained or a quorum is not attained, the reserves
2859 as included in the budget shall go into effect.
2860 3. Reserve funds and any interest accruing thereon shall
2861 remain in the reserve account or accounts, and shall be used
2862 only for authorized reserve expenditures unless their use for
2863 other purposes is approved in advance by a vote of the majority
2864 of the total voting interests of the association. Before
2865 turnover of control of an association by a developer to unit
2866 owners other than the developer under s. 719.301, the developer
2867 may not vote to use reserves for purposes other than that for
2868 which they were intended. For a budget adopted on or after
2869 December 31, 2024, members of a unit-owner-controlled
2870 association that must obtain a structural integrity reserve
2871 study may not vote to use reserve funds, or any interest
2872 accruing thereon, for purposes other than the replacement or
2873 planned deferred maintenance costs of the components listed in
2874 paragraph (k).
2875 (k) Structural integrity reserve study.—
2876 1. A residential cooperative association must have a
2877 structural integrity reserve study completed at least every 10
2878 years for each building on the cooperative property that is
2879 three stories or higher in height, as determined by the Florida
2880 Building Code, that includes, at a minimum, a study of the
2881 following items as related to the structural integrity and
2882 safety of the building:
2883 a. Roof.
2884 b. Structure, including load-bearing walls and other
2885 primary structural members and primary structural systems as
2886 those terms are defined in s. 627.706.
2887 c. Fireproofing and fire protection systems.
2888 d. Plumbing.
2889 e. Electrical systems.
2890 f. Waterproofing and exterior painting.
2891 g. Windows and exterior doors.
2892 h. Any other item that has a planned deferred maintenance
2893 expense or replacement cost that exceeds $10,000 and the failure
2894 to replace or maintain such item negatively affects the items
2895 listed in sub-subparagraphs a.-g., as determined by the visual
2896 inspection portion of the structural integrity reserve study.
2897 2. A structural integrity reserve study is based on a
2898 visual inspection of the cooperative property. A structural
2899 integrity reserve study may be performed by any person qualified
2900 to perform such study. However, the visual inspection portion of
2901 the structural integrity reserve study must be performed or
2902 verified by an engineer licensed under chapter 471, an architect
2903 licensed under chapter 481, or a person certified as a reserve
2904 specialist or professional reserve analyst by the Community
2905 Associations Institute or the Association of Professional
2906 Reserve Analysts.
2907 3. At a minimum, a structural integrity reserve study must
2908 identify each item of the cooperative property being visually
2909 inspected, state the estimated remaining useful life and the
2910 estimated replacement cost or planned deferred maintenance
2911 expense of each item of the cooperative property being visually
2912 inspected, and provide a reserve funding schedule with a
2913 recommended annual reserve amount that achieves the estimated
2914 replacement cost or planned deferred maintenance expense of each
2915 item of cooperative property being visually inspected by the end
2916 of the estimated remaining useful life of the item. The
2917 structural integrity reserve study may recommend that reserves
2918 do not need to be maintained for any item for which an estimate
2919 of useful life and an estimate of replacement cost cannot be
2920 determined, or the study may recommend a planned deferred
2921 maintenance expense amount for such item. The structural
2922 integrity reserve study may recommend that reserves for
2923 replacement costs do not need to be maintained for any item with
2924 an estimated remaining useful life of greater than 25 years, but
2925 the study may recommend a planned deferred maintenance expense
2926 amount for such item.
2927 4. This paragraph does not apply to buildings less than
2928 three stories in height; single-family, two-family, or three
2929 family, or four-family dwellings with three or fewer habitable
2930 stories above ground; any portion or component of a building
2931 that has not been submitted to the cooperative form of
2932 ownership; or any portion or component of a building that is
2933 maintained by a party other than the association.
2934 5. Before a developer turns over control of an association
2935 to unit owners other than the developer, the developer must have
2936 a turnover inspection report in compliance with s. 719.301(4)(p)
2937 and (q) for each building on the cooperative property that is
2938 three stories or higher in height.
2939 6. Associations existing on or before July 1, 2022, which
2940 are controlled by unit owners other than the developer, must
2941 have a structural integrity reserve study completed by December
2942 31, 2024, for each building on the cooperative property that is
2943 three stories or higher in height. An association that is
2944 required to complete a milestone inspection on or before
2945 December 31, 2026, in accordance with s. 553.899 may complete
2946 the structural integrity reserve study simultaneously with the
2947 milestone inspection. In no event may the structural integrity
2948 reserve study be completed after December 31, 2026.
2949 7. If the milestone inspection required by s. 553.899, or
2950 an inspection completed for a similar local requirement, was
2951 performed within the past 5 years and meets the requirements of
2952 this paragraph, such inspection may be used in place of the
2953 visual inspection portion of the structural integrity reserve
2954 study.
2955 8. If the officers or directors of an association willfully
2956 and knowingly fail to complete a structural integrity reserve
2957 study pursuant to this paragraph, such failure is a breach of an
2958 officer’s and director’s fiduciary relationship to the unit
2959 owners under s. 719.104(9).
2960 9. Within 45 days after receiving the structural integrity
2961 reserve study, the association shall distribute a copy of the
2962 study to each unit owner or deliver to each unit owner a notice
2963 that the completed study is available for inspection and copying
2964 upon a written request. Distribution of a copy of the study or
2965 notice must be made by United States mail or personal delivery
2966 at the mailing address, property address, or any other address
2967 of the owner provided to fulfill the association’s notice
2968 requirements under this chapter, or by electronic transmission
2969 to the e-mail address or facsimile number provided to fulfill
2970 the association’s notice requirements to unit owners who
2971 previously consented to receive notice by electronic
2972 transmission.
2973 Section 23. Section 719.129, Florida Statutes, is amended
2974 to read:
2975 719.129 Electronic voting.—The association may conduct
2976 elections and other unit owner votes through an Internet-based
2977 online voting system if a unit owner consents, electronically or
2978 in writing, to online voting and if the following requirements
2979 are met:
2980 (1) The association provides each unit owner with:
2981 (a) A method to authenticate the unit owner’s identity to
2982 the online voting system.
2983 (b) For elections of the board, a method to transmit an
2984 electronic ballot to the online voting system that ensures the
2985 secrecy and integrity of each ballot.
2986 (c) A method to confirm, at least 14 days before the voting
2987 deadline, that the unit owner’s electronic device can
2988 successfully communicate with the online voting system.
2989 (2) The association uses an online voting system that is:
2990 (a) Able to authenticate the unit owner’s identity.
2991 (b) Able to authenticate the validity of each electronic
2992 vote to ensure that the vote is not altered in transit.
2993 (c) Able to transmit a receipt from the online voting
2994 system to each unit owner who casts an electronic vote.
2995 (d) For elections of the board of administration, able to
2996 permanently separate any authentication or identifying
2997 information from the electronic election ballot, rendering it
2998 impossible to tie an election ballot to a specific unit owner.
2999 (e) Able to store and keep electronic votes accessible to
3000 election officials for recount, inspection, and review purposes.
3001 (3) A unit owner voting electronically pursuant to this
3002 section shall be counted as being in attendance at the meeting
3003 for purposes of determining a quorum. A substantive vote of the
3004 unit owners may not be taken on any issue other than the issues
3005 specifically identified in the electronic vote, when a quorum is
3006 established based on unit owners voting electronically pursuant
3007 to this section.
3008 (4) This section applies to an association that provides
3009 for and authorizes an online voting system pursuant to this
3010 section by a board resolution. The board resolution must provide
3011 that unit owners receive notice of the opportunity to vote
3012 through an online voting system, must establish reasonable
3013 procedures and deadlines for unit owners to consent,
3014 electronically or in writing, to online voting, and must
3015 establish reasonable procedures and deadlines for unit owners to
3016 opt out of online voting after giving consent. Written notice of
3017 a meeting at which the resolution will be considered must be
3018 mailed, delivered, or electronically transmitted to the unit
3019 owners and posted conspicuously on the condominium property or
3020 association property at least 14 days before the meeting.
3021 Evidence of compliance with the 14-day notice requirement must
3022 be made by an affidavit executed by the person providing the
3023 notice and filed with the official records of the association.
3024 (5) A unit owner’s consent to online voting is valid until
3025 the unit owner opts out of online voting pursuant to the
3026 procedures established by the board of administration pursuant
3027 to subsection (4).
3028 (6) This section may apply to any matter that requires a
3029 vote of the unit owners who are not members of a timeshare
3030 cooperative association.
3031 Section 24. Paragraph (p) of subsection (4) of section
3032 719.301, Florida Statutes, is amended to read:
3033 719.301 Transfer of association control.—
3034 (4) When unit owners other than the developer elect a
3035 majority of the members of the board of administration of an
3036 association, the developer shall relinquish control of the
3037 association, and the unit owners shall accept control.
3038 Simultaneously, or for the purpose of paragraph (c) not more
3039 than 90 days thereafter, the developer shall deliver to the
3040 association, at the developer’s expense, all property of the
3041 unit owners and of the association held or controlled by the
3042 developer, including, but not limited to, the following items,
3043 if applicable, as to each cooperative operated by the
3044 association:
3045 (p) Notwithstanding when the certificate of occupancy was
3046 issued or the height of the building, a turnover inspection
3047 report included in the official records, under seal of an
3048 architect or engineer authorized to practice in this state or a
3049 person certified as a reserve specialist or professional reserve
3050 analyst by the Community Associations Institute or the
3051 Association of Professional Reserve Analysts, consisting of a
3052 structural integrity reserve study attesting to required
3053 maintenance, condition, useful life, and replacement costs of
3054 the following applicable cooperative property:
3055 1. Roof.
3056 2. Structure, including load-bearing walls and primary
3057 structural members and primary structural systems as those terms
3058 are defined in s. 627.706.
3059 3. Fireproofing and fire protection systems.
3060 4. Plumbing.
3061 5. Electrical systems.
3062 6. Waterproofing and exterior painting.
3063 7. Windows and exterior doors.
3064 Section 25. Subsection (1) of section 719.618, Florida
3065 Statutes, is amended to read:
3066 719.618 Converter reserve accounts; warranties.—
3067 (1) When existing improvements are converted to ownership
3068 as a residential cooperative, the developer shall establish
3069 planned reserve accounts for capital expenditures and deferred
3070 maintenance, or give warranties as provided by subsection (6),
3071 or post a surety bond as provided by subsection (7). The
3072 developer shall fund the reserve accounts in amounts calculated
3073 as follows:
3074 (a)1. When the existing improvements include an air
3075 conditioning system serving more than one unit or property which
3076 the association is responsible to repair, maintain, or replace,
3077 the developer shall fund an air-conditioning reserve account.
3078 The amount of the reserve account shall be the product of the
3079 estimated current replacement cost of the system, as disclosed
3080 and substantiated pursuant to s. 719.616(3)(b), multiplied by a
3081 fraction, the numerator of which shall be the lesser of the age
3082 of the system in years or 9, and the denominator of which shall
3083 be 10. When such air-conditioning system is within 1,000 yards
3084 of the seacoast, the numerator shall be the lesser of the age of
3085 the system in years or 3, and the denominator shall be 4.
3086 2. The developer shall fund a plumbing reserve account. The
3087 amount of the funding shall be the product of the estimated
3088 current replacement cost of the plumbing component, as disclosed
3089 and substantiated pursuant to s. 719.616(3)(b), multiplied by a
3090 fraction, the numerator of which shall be the lesser of the age
3091 of the plumbing in years or 36, and the denominator of which
3092 shall be 40.
3093 3. The developer shall fund a roof reserve account. The
3094 amount of the funding shall be the product of the estimated
3095 current replacement cost of the roofing component, as disclosed
3096 and substantiated pursuant to s. 719.616(3)(b), multiplied by a
3097 fraction, the numerator of which shall be the lesser of the age
3098 of the roof in years or the numerator listed in the following
3099 table. The denominator of the fraction shall be determined based
3100 on the roof type, as follows:
3101
3102 Roof Type Numerator Denominator
3103 a. Built-up roof without insulation 4 5
3104 b. Built-up roof with insulation 4 5
3105 c. Cement tile roof 45 50
3106 d. Asphalt shingle roof 14 15
3107 e. Copper roof
3108 f. Wood shingle roof 9 10
3109 g. All other types 18 20
3110
3111 (b) The age of any component or structure for which the
3112 developer is required to fund a reserve account shall be
3113 measured in years from the later of:
3114 1. The date when the component or structure was replaced or
3115 substantially renewed, if the replacement or renewal of the
3116 component at least met the requirements of the then-applicable
3117 building code; or
3118 2. The date when the installation or construction of the
3119 existing component or structure was completed.
3120 (c) When the age of a component or structure is to be
3121 measured from the date of replacement or renewal, the developer
3122 shall provide the division with a certificate, under the seal of
3123 an architect or engineer authorized to practice in this state,
3124 verifying:
3125 1. The date of the replacement or renewal; and
3126 2. That the replacement or renewal at least met the
3127 requirements of the then-applicable building code.
3128 Section 26. The Division of Florida Condominiums,
3129 Timeshares, and Mobile Homes of the Department of Business and
3130 Professional Regulation shall complete a review of the website
3131 or application requirements for official records under s.
3132 718.111(12)(g), Florida Statutes, and make recommendations
3133 regarding any additional official records of a condominium
3134 association which should be included in the records maintenance
3135 requirement in the statute. The division shall submit the
3136 findings of its review to the Governor, the President of the
3137 Senate, the Speaker of the House of Representatives, and the
3138 chairs of the legislative appropriations committees and
3139 appropriate substantive committees with jurisdiction over
3140 chapter 718, Florida Statutes, by February 1, 2025.
3141 Section 27. Except as otherwise expressly provided in this
3142 act, this act shall take effect July 1, 2024.