Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 913
       
       
       
       
       
       
                                Ì120290vÎ120290                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/RE/2R         .                                
             04/30/2025 12:32 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (h) is added to subsection (2) of
    6  section 468.432, Florida Statutes, and subsection (3) is added
    7  to that section, to read:
    8         468.432 Licensure of community association managers and
    9  community association management firms; exceptions.—
   10         (2) A community association management firm or other
   11  similar organization responsible for the management of more than
   12  10 units or a budget of $100,000 or greater shall not engage or
   13  hold itself out to the public as being able to engage in the
   14  business of community association management in this state
   15  unless it is licensed by the department as a community
   16  association management firm in accordance with the provisions of
   17  this part.
   18         (h) A person who has had his or her community association
   19  manager license revoked may not have an indirect or direct
   20  ownership interest in, or be an employee, a partner, an officer,
   21  a director, or a trustee of, a community association management
   22  firm during the 10-year period after the effective date of the
   23  revocation. Such person is ineligible to reapply for
   24  certification or registration under this part for a period of 10
   25  years after the effective date of a revocation.
   26         (3) A licensee must create and maintain an online licensure
   27  account with the department. Each community association manager
   28  must identify on his or her online licensure account the
   29  community association management firm for which he or she
   30  provides management services and identify each community
   31  association for which he or she is the designated onsite
   32  community association manager. A licensee must update his or her
   33  online licensure account with this information within 30 days
   34  after any change to the required information. A community
   35  association management firm must identify on its online
   36  licensure account the community association managers that it
   37  employs to provide community association management services. If
   38  a community association manager has his or her license suspended
   39  or revoked, the department must give written notice of such
   40  suspension or revocation to the community association management
   41  firm and the community association for which the manager
   42  performs community management services.
   43         Section 2. Subsections (1) and (3) of section 468.4334,
   44  Florida Statutes, are amended to read:
   45         468.4334 Professional practice standards; liability;
   46  community association manager requirements; return of records
   47  after termination of contract.—
   48         (1)(a) A community association manager or a community
   49  association management firm is deemed to act as agent on behalf
   50  of a community association as principal within the scope of
   51  authority authorized by a written contract or under this
   52  chapter. A community association manager or a community
   53  association management firm may not knowingly perform any act
   54  directed by the community association if such an act violates
   55  any state or federal law. A community association manager and a
   56  community association management firm shall discharge duties
   57  performed on behalf of the association as authorized by this
   58  chapter loyally, skillfully, and diligently; dealing honestly
   59  and fairly; in good faith; with care and full disclosure to the
   60  community association; accounting for all funds; and not
   61  charging unreasonable or excessive fees.
   62         (b) If a community association manager or a community
   63  association management firm has a contract with a community
   64  association that is subject to the milestone inspection
   65  requirements in s. 553.899, or the structural integrity reserve
   66  study requirements in s. 718.112(2)(g) and 719.106(1)(k), the
   67  community association manager or the community association
   68  management firm must comply with those sections that section as
   69  directed by the board.
   70         (c) Each contract between a community association and a
   71  community association manager or community association
   72  management firm for community association management services
   73  must include the following written statement in at least 12
   74  point type, if applicable to the type of management services
   75  provided in the contract:
   76  
   77         The community association manager shall abide by all
   78         professional standards and record keeping requirements
   79         imposed pursuant to part VIII of chapter 468, Florida
   80         Statutes.
   81  
   82         (d)A contract between a community association manager or
   83  community association management firm and a community
   84  association may not waive or limit the professional practice
   85  standards required pursuant to this part.
   86         (3) A community association manager or community
   87  association management firm that is authorized by contract to
   88  provide community association management services to a community
   89  homeowners’ association shall do all of the following:
   90         (a) Attend in person at least one member meeting or board
   91  meeting of the community homeowners’ association annually.
   92         (b) Provide to the members of the community homeowners’
   93  association the name and contact information for each community
   94  association manager or representative of a community association
   95  management firm assigned to the community homeowners’
   96  association, the manager’s or representative’s hours of
   97  availability, and a summary of the duties for which the manager
   98  or representative is responsible. The community homeowners’
   99  association shall also post this information on the
  100  association’s website or mobile application, if the association
  101  is required to maintain official records on a website or
  102  application required under s. 720.303(4)(b). The community
  103  association manager or community association management firm
  104  shall update the community homeowners’ association and its
  105  members within 14 business days after any change to such
  106  information.
  107         (c) Provide to any member upon request a copy of the
  108  contract between the community association manager or community
  109  association management firm and the community homeowners’
  110  association and include such contract with association’s
  111  official records.
  112         Section 3. Section 468.4335, Florida Statutes, is amended
  113  to read:
  114         468.4335 Conflicts of interest.—
  115         (1) A community association manager or a community
  116  association management firm, including directors, officers, and
  117  persons with a financial interest in a community association
  118  management firm, or a relative of such persons, must disclose to
  119  the board of a community association any activity that may
  120  reasonably be construed to be a conflict of interest. A
  121  rebuttable presumption of a conflict of interest exists if any
  122  of the following occurs without prior notice:
  123         (a) A community association manager or a community
  124  association management firm, including directors, officers, and
  125  persons with a financial interest in a community association
  126  management firm, or a relative of such persons, proposes to
  127  enter into a contract or other transaction with the association,
  128  or enters into a contract for goods or services with the
  129  association, for services other than community association
  130  management services.
  131         (b) A community association manager or a community
  132  association management firm, including directors, officers, and
  133  persons with a financial interest in a community association
  134  management firm, or a relative of such persons, holds an
  135  interest in or receives compensation or any thing of value from
  136  a person as defined in s. 1.01(3) which corporation, limited
  137  liability corporation, partnership, limited liability
  138  partnership, or other business entity that conducts business
  139  with the association or proposes to enter into a contract or
  140  other transaction with the association. As used in this
  141  paragraph, the term “compensation” means any referral fee or
  142  other monetary benefit derived from a person as defined in s.
  143  1.01(3) which provides products or services to the association,
  144  and any ownership interests or profit-sharing arrangements with
  145  product or service providers recommended to or used by the
  146  association.
  147         (2) If the association receives and considers a bid that
  148  exceeds $2,500 to provide a good or service, other than
  149  community association management services which is or may
  150  reasonably be construed to be a conflict of interest under
  151  subsection (1), from a community association manager or a
  152  community association management firm, including directors,
  153  officers, and persons with a financial interest in a community
  154  association management firm, or a relative of such persons, the
  155  association must solicit multiple bids from other third-party
  156  providers of such goods or services. This subsection does not
  157  apply to any activities or the provision of goods or services
  158  that are disclosed in the management services contract as a
  159  conflict of interest within the meaning of subsection (1).
  160         (3) If a community association manager or a community
  161  association management firm, including directors, officers, and
  162  persons with a financial interest in a community association
  163  management firm, or a relative of such persons, proposes to
  164  engage in an activity that is a conflict of interest as
  165  described in subsection (1), the proposed activity must be
  166  listed on, and all contracts and transactional documents related
  167  to the proposed activity must be attached to, the meeting agenda
  168  of the next board of administration meeting. The notice for the
  169  meeting at which the proposed activity will be considered by the
  170  board must include a description of the proposed activity,
  171  disclose the possible conflict of interest, and include a copy
  172  of all contracts and transactional documents related to the
  173  proposed activity. The disclosures of a possible conflict of
  174  interest must be entered into the written minutes of the
  175  meeting. Approval of the contract, including a management
  176  contract between the community association and the community
  177  association manager or community association management firm, or
  178  other transaction requires an affirmative vote of two-thirds of
  179  all directors present. At the next regular or special meeting of
  180  the members, the existence of the conflict of interest and the
  181  contract or other transaction must be disclosed to the members.
  182  If a community association manager or community association
  183  management firm has previously disclosed a conflict of interest
  184  in an existing management contract entered into between the
  185  board of directors and the community association manager or
  186  community association management firm, the conflict of interest
  187  does not need to be additionally noticed and voted on during the
  188  term of such management contract, but, upon renewal, must be
  189  noticed and voted on in accordance with this subsection.
  190         (4) If the board finds that a community association manager
  191  or a community association management firm, including directors,
  192  officers, and persons with a financial interest in a community
  193  association management firm, or a relative of such persons, has
  194  violated this section, the contract is voidable and the
  195  association may terminate cancel its community association
  196  management contract with the community association manager or
  197  the community association management firm by delivery of a
  198  written notice terminating the contract. If the contract is
  199  terminated canceled, the association is liable only for the
  200  reasonable value of the management services provided up to the
  201  time of cancellation and is not liable for any termination fees,
  202  liquidated damages, or other form of penalty for such
  203  cancellation.
  204         (5) If an association enters into a contract with a
  205  community association manager or a community association
  206  management firm, including directors, officers, and persons with
  207  a financial interest in a community association management firm,
  208  or a relative of such persons, which is a party to or has an
  209  interest in an activity that is a possible conflict of interest
  210  as described in subsection (1) and such activity has not been
  211  properly disclosed as a conflict of interest or potential
  212  conflict of interest as required by this section, the contract
  213  is voidable and terminates upon the association filing a written
  214  notice terminating the contract with its board of directors
  215  which contains the consent of at least 20 percent of the voting
  216  interests of the association.
  217         (6) As used in this section, the term “relative” means a
  218  relative within the third degree of consanguinity by blood or
  219  marriage.
  220         Section 4. Present subsections (12) and (13) of section
  221  553.899, Florida Statutes, are redesignated as subsections (14)
  222  and (15), respectively, new subsections (12) and (13) are added
  223  to that section, and subsection (11) of that section is amended,
  224  to read:
  225         553.899 Mandatory structural inspections for condominium
  226  and cooperative buildings.—
  227         (11) A board of county commissioners or municipal governing
  228  body shall may adopt an ordinance requiring that a condominium
  229  or cooperative association and any other owner that is subject
  230  to this section schedule or commence repairs for substantial
  231  structural deterioration within a specified timeframe after the
  232  local enforcement agency receives a phase two inspection report;
  233  however, such repairs must be commenced within 365 days after
  234  receiving such report. If an owner of the building fails to
  235  submit proof to the local enforcement agency that repairs have
  236  been scheduled or have commenced for substantial structural
  237  deterioration identified in a phase two inspection report within
  238  the required timeframe, the local enforcement agency must review
  239  and determine if the building is unsafe for human occupancy.
  240         (12) A licensed architect or engineer who bids to perform a
  241  milestone inspection must disclose in writing to the association
  242  his or her intent to bid on any services related to any
  243  maintenance, repair, or replacement which may be recommended by
  244  the milestone inspection. Any design professional as defined in
  245  s. 558.002 or contractor licensed under chapter 489 who submits
  246  a bid to the association for performing any services recommended
  247  by the milestone inspection may not have an interest, directly
  248  or indirectly, in the firm or entity providing the milestone
  249  inspection or be a relative of any person having a direct or
  250  indirect interest in such firm, unless such relationship is
  251  disclosed to the association in writing. As used in this
  252  section, the term “relative” means a relative within the third
  253  degree of consanguinity by blood or marriage. A contract for
  254  services is voidable and terminates upon the association filing
  255  a written notice terminating the contract if the design
  256  professional or licensed contractor failed to provide the
  257  written disclosure of the relationship required under this
  258  subsection. A design professional or licensed contractor may be
  259  subject to discipline under the applicable practice act for his
  260  or her profession for failure to provide the written disclosure
  261  of the relationship, as required under this subsection.
  262         (13)(a)On or before December 31 2025, and on or before
  263  each December 31 thereafter, the local enforcement agency
  264  responsible for milestone inspections shall provide the
  265  department, in an electronic format determined by the
  266  department, information that must include, but is not limited
  267  to:
  268         1.The number of buildings required to have a milestone
  269  inspection within the agency’s jurisdiction.
  270         2.The number of buildings for which a phase one milestone
  271  inspection has been completed.
  272         3.The number of buildings granted an extension under
  273  paragraph (3)(c).
  274         4.The number of buildings required to have a phase two
  275  milestone inspection.
  276         5.The number of buildings for which a phase two milestone
  277  inspection has been completed.
  278         6.The number, type, and value of permit applications
  279  received to complete repairs required by a phase two milestone
  280  inspection.
  281         7.A list of buildings deemed to be unsafe or uninhabitable
  282  as determined by a milestone inspection.
  283         8.The license number of the building code administrator
  284  responsible for milestone inspections for the local enforcement
  285  agency.
  286         (b)The department shall provide to the Office of Program
  287  Policy Analysis and Government Accountability (OPPAGA) all
  288  information obtained from the local enforcement agencies under
  289  paragraph (a) by the date specified and in a manner prescribed
  290  by OPPAGA. OPPAGA may request from a local enforcement agency
  291  any additional information necessary to compile the information
  292  and provide a report to the President of the Senate and the
  293  Speaker of the House of Representatives.
  294         Section 5. Present subsections (33) and (34) of section
  295  718.103, Florida Statutes, are redesignated as subsections (34)
  296  and (35), respectively, a new subsection (33) is added to that
  297  section, and subsection (1) of that section is amended, to read:
  298         718.103 Definitions.—As used in this chapter, the term:
  299         (1) “Alternative funding method” means a method approved by
  300  the division for funding the capital expenditures and deferred
  301  maintenance obligations for a multicondominium association
  302  operating at least 25 condominiums which may reasonably be
  303  expected to fully satisfy the association’s reserve funding
  304  obligations by the allocation of funds in the annual operating
  305  budget.
  306         (33) Video conference” means a real-time audio and video
  307  based meeting between two or more people in different locations
  308  using video-enabled and audio-enabled devices. The notice for
  309  any meeting that will be conducted by video conference must have
  310  a hyperlink and call-in conference telephone number for unit
  311  owners to attend the meeting and must have a physical location
  312  where unit owners can also attend the meeting in person. All
  313  meetings conducted by video conference must be recorded, and
  314  such recording must be maintained as an official record of the
  315  association.
  316         Section 6. Subsections (4) and (10) of section 718.110,
  317  Florida Statutes, are amended to read:
  318         718.110 Amendment of declaration; correction of error or
  319  omission in declaration by circuit court.—
  320         (4)(a)Subject to paragraph (b), unless otherwise provided
  321  in the declaration as originally recorded, an no amendment may
  322  not change the configuration or size of any unit in any material
  323  fashion, materially alter or modify the appurtenances to the
  324  unit, or change the proportion or percentage by which the unit
  325  owner shares the common expenses of the condominium and owns the
  326  common surplus of the condominium unless the record owner of the
  327  unit and all record owners of liens on the unit join in the
  328  execution of the amendment and unless all the record owners of
  329  all other units in the same condominium approve the amendment.
  330  The acquisition of property by the association and material
  331  alterations or substantial additions to such property or the
  332  common elements by the association in accordance with s.
  333  718.111(7) or s. 718.113, and amendments providing for the
  334  transfer of use rights in limited common elements pursuant to s.
  335  718.106(2)(b) may not be considered shall not be deemed to
  336  constitute a material alteration or modification of the
  337  appurtenances to the units. Except as provided in paragraph (b),
  338  a declaration recorded after April 1, 1992, may not require the
  339  approval of less than a majority of total voting interests of
  340  the condominium for amendments under this subsection, unless
  341  otherwise required by a governmental entity.
  342         (b)Notwithstanding subsection (14), the declaration of a
  343  nonresidential condominium formed on or after July 1, 2025, may
  344  be amended to change the configuration or size of a unit in any
  345  material fashion, materially alter or modify the appurtenances
  346  to the unit, or change the proportion or percentage by which the
  347  unit owner shares the common expenses of the condominium and
  348  owns the common surplus of the condominium, if the record owners
  349  of all affected units and all record owners of liens on the
  350  affected units join in the execution of the amendment. The
  351  approval of the record owners of the nonaffected units in such
  352  condominium is not required.
  353         (10) If there is an omission or error in a declaration of
  354  condominium, or any other document required to establish the
  355  condominium, and the omission or error would affect the valid
  356  existence of the condominium, the circuit court may entertain a
  357  petition of one or more of the unit owners in the condominium,
  358  or of the association, to correct the error or omission, and the
  359  action may be a class action. The court may require that one or
  360  more methods of correcting the error or omission be submitted to
  361  the unit owners to determine the most acceptable correction. All
  362  unit owners, the association, and the mortgagees of a first
  363  mortgage of record must be joined as parties to the action.
  364  Service of process on unit owners may be by publication, but the
  365  plaintiff must furnish every unit owner not personally served
  366  with process with a copy of the petition and final decree of the
  367  court by certified mail, return receipt requested, at the unit
  368  owner’s last known residence address as reflected in the
  369  association’s official records. If an action to determine
  370  whether the declaration or another condominium document complies
  371  with the mandatory requirements for the formation of a
  372  condominium is not brought within 3 years of the recording of
  373  the certificate of a surveyor and mapper pursuant to s.
  374  718.104(4)(e) or the recording of an instrument that transfers
  375  title to a unit in the condominium which is not accompanied by a
  376  recorded assignment of developer rights in favor of the grantee
  377  of such unit, whichever occurs first, the declaration and other
  378  documents will effectively create a condominium, as of the date
  379  the declaration was recorded, regardless of whether the
  380  documents substantially comply with the mandatory requirements
  381  of law. However, both before and after the expiration of this 3
  382  year period, the circuit court has jurisdiction to entertain a
  383  petition permitted under this subsection for the correction of
  384  the documentation, and other methods of amendment may be
  385  utilized to correct the errors or omissions at any time.
  386         Section 7. Paragraph (a) of subsection (11), paragraphs
  387  (a), (c), and (g) of subsection (12), and subsection (13) of
  388  section 718.111, Florida Statutes, are amended, paragraphs (g),
  389  (h), and (i) are added to subsection (3) of that section, and
  390  subsection (16) is added to that section, to read:
  391         718.111 The association.—
  392         (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
  393  SUE, AND BE SUED; CONFLICT OF INTEREST.—
  394         (g) If an association contracts with a community
  395  association manager or a community association management firm,
  396  the community association manager or community association
  397  management firm must possess all applicable licenses required by
  398  part VIII of chapter 468. All board members or officers of an
  399  association that contracts with a community association manager
  400  or a community association management firm have a duty to ensure
  401  that the community association manager or community association
  402  management firm is properly licensed before entering into a
  403  contract.
  404         (h) If a contract is between a community association
  405  manager and the association, and the community association
  406  manager has his or her license suspended or revoked during the
  407  term of a contract with the association, the association may
  408  terminate the contract upon delivery of a written notice to the
  409  community association manager whose license has been revoked or
  410  suspended, effective on the date the community association
  411  manager became unlicensed.
  412         (i) If a community association management firm has its
  413  license suspended or revoked during the term of a contract with
  414  the association, the association may terminate the contract upon
  415  delivery of a written notice to the community association
  416  management firm whose license has been revoked or suspended,
  417  effective on the date the community association management firm
  418  became unlicensed.
  419         (11) INSURANCE.—In order to protect the safety, health, and
  420  welfare of the people of this state of the State of Florida and
  421  to ensure consistency in the provision of insurance coverage to
  422  condominiums and their unit owners, this subsection applies to
  423  every residential condominium in this the state, regardless of
  424  the date of its declaration of condominium. It is the intent of
  425  the Legislature to encourage lower or stable insurance premiums
  426  for associations described in this subsection.
  427         (a) Every condominium association shall have adequate
  428  property insurance as determined under this paragraph,
  429  regardless of any requirement in the declaration of condominium
  430  for certain coverage by the association for full insurable
  431  value, replacement cost, or similar coverage, must be based on
  432  the replacement cost of the property to be insured as determined
  433  by an independent insurance appraisal or update of a prior
  434  appraisal. The replacement cost must be determined at least once
  435  every 36 months.
  436         1. An association or group of associations may provide
  437  adequate property insurance as determined under this paragraph
  438  through a self-insurance fund that complies with the
  439  requirements of ss. 624.460-624.488.
  440         2. The amount of adequate insurance coverage for full
  441  insurable value, replacement cost, or similar coverage may be
  442  based on the replacement cost of the property to be insured, as
  443  determined by an independent insurance appraisal or an update of
  444  a previous appraisal. The replacement cost must be determined at
  445  least once every 3 years, at minimum.
  446         3. The association’s obligation to obtain and association
  447  may also provide adequate property insurance coverage for a
  448  group of at least three communities created and operating under
  449  this chapter, chapter 719, chapter 720, or chapter 721 may be
  450  satisfied by obtaining and maintaining for such communities
  451  insurance coverage sufficient to cover an amount equal to the
  452  probable maximum loss for the communities for a 250-year
  453  windstorm event.
  454         a. Such probable maximum loss must be determined through
  455  the use of a competent model that has been accepted by the
  456  Florida Commission on Hurricane Loss Projection Methodology.
  457         b. A policy or program providing such coverage may not be
  458  issued or renewed after July 1, 2008, unless it has been
  459  reviewed and approved by the Office of Insurance Regulation. The
  460  review and approval must include approval of the policy and
  461  related forms pursuant to ss. 627.410 and 627.411, approval of
  462  the rates pursuant to s. 627.062, a determination that the loss
  463  model approved by the commission was accurately and
  464  appropriately applied to the insured structures to determine the
  465  250-year probable maximum loss, and a determination that
  466  complete and accurate disclosure of all material provisions is
  467  provided to condominium unit owners before execution of the
  468  agreement by a condominium association.
  469         4.3. When determining the adequate amount of property
  470  insurance coverage, the association may consider deductibles as
  471  determined by this subsection.
  472         (12) OFFICIAL RECORDS.—
  473         (a) From the inception of the association, the association
  474  shall maintain each of the following items, if applicable, which
  475  constitutes the official records of the association:
  476         1. A copy of the plans, permits, warranties, and other
  477  items provided by the developer under s. 718.301(4).
  478         2. A copy photocopy of the recorded declaration of
  479  condominium of each condominium operated by the association and
  480  each amendment to each declaration.
  481         3. A copy photocopy of the recorded bylaws of the
  482  association and each amendment to the bylaws.
  483         4. A certified copy of the articles of incorporation of the
  484  association, or other documents creating the association, and
  485  each amendment thereto.
  486         5. A copy of the current rules of the association.
  487         6. A book or books or electronic records that contain the
  488  minutes of all meetings of the association, the board of
  489  administration, any committee, and the unit owners, and a
  490  recording of all such meetings that are conducted by video
  491  conference. If there are approved minutes for a meeting held by
  492  video conference, recordings of meetings that are conducted by
  493  video conference must be maintained for at least 1 year after
  494  the date the video recording is posted as required under
  495  paragraph (g).
  496         7. A current roster of all unit owners and their mailing
  497  addresses, unit identifications, voting certifications, and, if
  498  known, telephone numbers. The association shall also maintain
  499  the e-mail addresses and facsimile numbers of unit owners
  500  consenting to receive notice by electronic transmission. In
  501  accordance with sub-subparagraph (c)5.e., the e-mail addresses
  502  and facsimile numbers are only accessible to unit owners if
  503  consent to receive notice by electronic transmission is
  504  provided, or if the unit owner has expressly indicated that such
  505  personal information can be shared with other unit owners and
  506  the unit owner has not provided the association with a request
  507  to opt out of such dissemination with other unit owners. An
  508  association must ensure that the e-mail addresses and facsimile
  509  numbers are only used for the business operation of the
  510  association and may not be sold or shared with outside third
  511  parties. If such personal information is included in documents
  512  that are released to third parties, other than unit owners, the
  513  association must redact such personal information before the
  514  document is disseminated. However, the association is not liable
  515  for an inadvertent disclosure of the e-mail address or facsimile
  516  number for receiving electronic transmission of notices unless
  517  such disclosure was made with a knowing or intentional disregard
  518  of the protected nature of such information.
  519         8. All current insurance policies of the association and
  520  condominiums operated by the association.
  521         9. A current copy of any management agreement, lease, or
  522  other contract to which the association is a party or under
  523  which the association or the unit owners have an obligation or
  524  responsibility.
  525         10. Bills of sale or transfer for all property owned by the
  526  association.
  527         11. Accounting records for the association and separate
  528  accounting records for each condominium that the association
  529  operates. Any person who knowingly or intentionally defaces or
  530  destroys such records, or who knowingly or intentionally fails
  531  to create or maintain such records, with the intent of causing
  532  harm to the association or one or more of its members, is
  533  personally subject to a civil penalty pursuant to s.
  534  718.501(1)(e). The accounting records must include, but are not
  535  limited to:
  536         a. Accurate, itemized, and detailed records of all receipts
  537  and expenditures, including all bank statements and ledgers.
  538         b. All invoices, transaction receipts, or deposit slips
  539  that substantiate any receipt or expenditure of funds by the
  540  association.
  541         c. A current account and a monthly, bimonthly, or quarterly
  542  statement of the account for each unit designating the name of
  543  the unit owner, the due date and amount of each assessment, the
  544  amount paid on the account, and the balance due.
  545         d. All audits, reviews, accounting statements, structural
  546  integrity reserve studies, and financial reports of the
  547  association or condominium. Structural integrity reserve studies
  548  must be maintained for at least 15 years after the study is
  549  completed.
  550         e. All contracts for work to be performed. Bids for work to
  551  be performed are also considered official records and must be
  552  maintained by the association for at least 1 year after receipt
  553  of the bid.
  554         12. Ballots, sign-in sheets, voting proxies, and all other
  555  papers and electronic records relating to voting by unit owners,
  556  which must be maintained for 1 year from the date of the
  557  election, vote, or meeting to which the document relates,
  558  notwithstanding paragraph (b).
  559         13. All rental records if the association is acting as
  560  agent for the rental of condominium units.
  561         14. A copy of the current question and answer sheet as
  562  described in s. 718.504.
  563         15. A copy of the inspection reports described in ss.
  564  553.899 and 718.301(4)(p) and any other inspection report
  565  relating to a structural or life safety inspection of
  566  condominium property. Such record must be maintained by the
  567  association for 15 years after receipt of the report.
  568         16. Bids for materials, equipment, or services.
  569         17. All affirmative acknowledgments made pursuant to s.
  570  718.121(4)(c).
  571         18. A copy of all building permits.
  572         19. A copy of all satisfactorily completed board member
  573  educational certificates.
  574         20.A copy of all affidavits required by this chapter.
  575         21.20. All other written records of the association not
  576  specifically included in the foregoing which are related to the
  577  operation of the association.
  578         (c)1.a. The official records of the association are open to
  579  inspection by any association member and any person authorized
  580  by an association member as a representative of such member at
  581  all reasonable times. The right to inspect the records includes
  582  the right to make or obtain copies, at the reasonable expense,
  583  if any, of the member and of the person authorized by the
  584  association member as a representative of such member. A renter
  585  of a unit has a right to inspect and copy only the declaration
  586  of condominium, the association’s bylaws and rules, and the
  587  inspection reports described in ss. 553.899 and 718.301(4)(p).
  588  The association may adopt reasonable rules regarding the
  589  frequency, time, location, notice, and manner of record
  590  inspections and copying but may not require a member to
  591  demonstrate any purpose or state any reason for the inspection.
  592  The failure of an association to provide the records within 10
  593  working days after receipt of a written request creates a
  594  rebuttable presumption that the association willfully failed to
  595  comply with this paragraph. A unit owner who is denied access to
  596  official records is entitled to the actual damages or minimum
  597  damages for the association’s willful failure to comply. Minimum
  598  damages are $50 per calendar day for up to 10 days, beginning on
  599  the 11th working day after receipt of the written request. The
  600  failure to permit inspection entitles any person prevailing in
  601  an enforcement action to recover reasonable attorney fees from
  602  the person in control of the records who, directly or
  603  indirectly, knowingly denied access to the records. If the
  604  requested records are posted on an association’s website, or are
  605  available for download through an application on a mobile
  606  device, the association may fulfill its obligations under this
  607  paragraph by directing to the website or the application all
  608  persons authorized to request access.
  609         b. In response to a written request to inspect records, the
  610  association must simultaneously provide to the requestor a
  611  checklist of all records made available for inspection and
  612  copying. The checklist must also identify any of the
  613  association’s official records that were not made available to
  614  the requestor. An association must maintain a checklist provided
  615  under this sub-subparagraph for 7 years. An association
  616  delivering a checklist pursuant to this sub-subparagraph creates
  617  a rebuttable presumption that the association has complied with
  618  this paragraph.
  619         2. A director or member of the board or association or a
  620  community association manager who willfully and knowingly or
  621  intentionally knowingly, willfully, and repeatedly violates
  622  subparagraph 1. commits a misdemeanor of the second degree,
  623  punishable as provided in s. 775.082 or s. 775.083, and must be
  624  removed from office and a vacancy declared. For purposes of this
  625  subparagraph, the term “repeatedly” means two or more violations
  626  within a 12-month period.
  627         3. A Any person who willfully and knowingly or
  628  intentionally defaces or destroys accounting records that are
  629  required by this chapter to be maintained during the period for
  630  which such records are required to be maintained, or who
  631  willfully and knowingly or intentionally fails to create or
  632  maintain accounting records that are required to be created or
  633  maintained, with the intent of causing harm to the association
  634  or one or more of its members, commits a misdemeanor of the
  635  first degree, punishable as provided in s. 775.082 or s.
  636  775.083; is personally subject to a civil penalty pursuant to s.
  637  718.501(1)(d); and must be removed from office and a vacancy
  638  declared.
  639         4. A person who willfully and knowingly or intentionally
  640  refuses to release or otherwise produce association records with
  641  the intent to avoid or escape detection, arrest, trial, or
  642  punishment for the commission of a crime, or to assist another
  643  person with such avoidance or escape, commits a felony of the
  644  third degree, punishable as provided in s. 775.082, s. 775.083,
  645  or s. 775.084, and must be removed from office and a vacancy
  646  declared.
  647         5. The association shall maintain an adequate number of
  648  copies of the declaration, articles of incorporation, bylaws,
  649  and rules, and all amendments to each of the foregoing, as well
  650  as the question and answer sheet as described in s. 718.504 and
  651  the most recent annual financial statement and annual budget
  652  year-end financial information required under this section, on
  653  the condominium property to ensure their availability to unit
  654  owners and prospective purchasers, and may charge its actual
  655  costs for preparing and furnishing these documents to those
  656  requesting the documents. An association shall allow a member or
  657  his or her authorized representative to use a portable device,
  658  including a smartphone, tablet, portable scanner, or any other
  659  technology capable of scanning or taking photographs, to make an
  660  electronic copy of the official records in lieu of the
  661  association’s providing the member or his or her authorized
  662  representative with a copy of such records. The association may
  663  not charge a member or his or her authorized representative for
  664  the use of a portable device. Notwithstanding this paragraph,
  665  the following records are not accessible to unit owners:
  666         a. Any record protected by the lawyer-client privilege as
  667  described in s. 90.502 and any record protected by the work
  668  product privilege, including a record prepared by an association
  669  attorney or prepared at the attorney’s express direction, which
  670  reflects a mental impression, conclusion, litigation strategy,
  671  or legal theory of the attorney or the association, and which
  672  was prepared exclusively for civil or criminal litigation or for
  673  adversarial administrative proceedings, or which was prepared in
  674  anticipation of such litigation or proceedings until the
  675  conclusion of the litigation or proceedings.
  676         b. Information obtained by an association in connection
  677  with the approval of the lease, sale, or other transfer of a
  678  unit.
  679         c. Personnel records of association or management company
  680  employees, including, but not limited to, disciplinary, payroll,
  681  health, and insurance records. For purposes of this sub
  682  subparagraph, the term “personnel records” does not include
  683  written employment agreements with an association employee or
  684  management company, or budgetary or financial records that
  685  indicate the compensation paid to an association employee.
  686         d. Medical records of unit owners.
  687         e. Social security numbers, driver license numbers, credit
  688  card numbers, e-mail addresses, telephone numbers, facsimile
  689  numbers, emergency contact information, addresses of a unit
  690  owner other than as provided to fulfill the association’s notice
  691  requirements, and other personal identifying information of any
  692  person, excluding the person’s name, unit designation, mailing
  693  address, property address, and any address, e-mail address, or
  694  facsimile number provided to the association to fulfill the
  695  association’s notice requirements. Notwithstanding the
  696  restrictions in this sub-subparagraph, an association may print
  697  and distribute to unit owners a directory containing the name,
  698  unit address, and all telephone numbers of each unit owner.
  699  However, an owner may exclude his or her telephone numbers from
  700  the directory by so requesting in writing to the association. An
  701  owner may consent in writing to the disclosure of other contact
  702  information described in this sub-subparagraph. The association
  703  is not liable for the inadvertent disclosure of information that
  704  is protected under this sub-subparagraph if the information is
  705  included in an official record of the association and is
  706  voluntarily provided by an owner and not requested by the
  707  association.
  708         f. Electronic security measures that are used by the
  709  association to safeguard data, including passwords.
  710         g. The software and operating system used by the
  711  association which allow the manipulation of data, even if the
  712  owner owns a copy of the same software used by the association.
  713  The data is part of the official records of the association.
  714         h. All affirmative acknowledgments made pursuant to s.
  715  718.121(4)(c).
  716         (g)1. By January 1, 2019, an association managing a
  717  condominium with 150 or more units which does not contain
  718  timeshare units shall post digital copies of the documents
  719  specified in subparagraph 2. on its website or make such
  720  documents available through an application that can be
  721  downloaded on a mobile device. Unless a shorter period is
  722  otherwise required, a document must be made available on the
  723  association’s website or made available for download through an
  724  application on a mobile device within 30 days after the
  725  association receives or creates an official record specified in
  726  subparagraph 2.
  727         a. The association’s website or application must be:
  728         (I) An independent website, application, or web portal
  729  wholly owned and operated by the association; or
  730         (II) A website, application, or web portal operated by a
  731  third-party provider with whom the association owns, leases,
  732  rents, or otherwise obtains the right to operate a web page,
  733  subpage, web portal, collection of subpages or web portals, or
  734  an application which is dedicated to the association’s
  735  activities and on which required notices, records, and documents
  736  may be posted or made available by the association.
  737         b. The association’s website or application must be
  738  accessible through the Internet and must contain a subpage, web
  739  portal, or other protected electronic location that is
  740  inaccessible to the general public and accessible only to unit
  741  owners and employees of the association.
  742         c. Upon a unit owner’s written request, the association
  743  must provide the unit owner with a username and password and
  744  access to the protected sections of the association’s website or
  745  application which contain any notices, records, or documents
  746  that must be electronically provided.
  747         2. A current copy of the following documents must be posted
  748  in digital format on the association’s website or application:
  749         a. The recorded declaration of condominium of each
  750  condominium operated by the association and each amendment to
  751  each declaration.
  752         b. The recorded bylaws of the association and each
  753  amendment to the bylaws.
  754         c. The articles of incorporation of the association, or
  755  other documents creating the association, and each amendment to
  756  the articles of incorporation or other documents. The copy
  757  posted pursuant to this sub-subparagraph must be a copy of the
  758  articles of incorporation filed with the Department of State.
  759         d. The rules of the association.
  760         e.The approved minutes of all board of administration
  761  meetings over the preceding 12 months.
  762         f.The video recording or a hyperlink to the video
  763  recording for all meetings of the association, the board of
  764  administration, any committee, and the unit owners which are
  765  conducted by video conference over the preceding 12 months.
  766         g.e. A list of all executory contracts or documents to
  767  which the association is a party or under which the association
  768  or the unit owners have an obligation or responsibility and,
  769  after bidding for the related materials, equipment, or services
  770  has closed, a list of bids received by the association within
  771  the past year. Summaries of bids for materials, equipment, or
  772  services which exceed $500 must be maintained on the website or
  773  application for 1 year. In lieu of summaries, complete copies of
  774  the bids may be posted.
  775         h.f. The annual budget required by s. 718.112(2)(f) and any
  776  proposed budget to be considered at the annual meeting.
  777         i.g. The financial report required by subsection (13) and
  778  any monthly income or expense statement to be considered at a
  779  meeting.
  780         j.h. The certification of each director required by s.
  781  718.112(2)(d)4.b.
  782         k.i. All contracts or transactions between the association
  783  and any director, officer, corporation, firm, or association
  784  that is not an affiliated condominium association or any other
  785  entity in which an association director is also a director or
  786  officer and financially interested.
  787         l.j. Any contract or document regarding a conflict of
  788  interest or possible conflict of interest as provided in ss.
  789  468.4335, 468.436(2)(b)6., and 718.3027(3).
  790         m.k. The notice of any unit owner meeting and the agenda
  791  for the meeting, as required by s. 718.112(2)(d)3., no later
  792  than 14 days before the meeting. The notice must be posted in
  793  plain view on the front page of the website or application, or
  794  on a separate subpage of the website or application labeled
  795  “Notices” which is conspicuously visible and linked from the
  796  front page. The association must also post on its website or
  797  application any document to be considered and voted on by the
  798  owners during the meeting or any document listed on the agenda
  799  at least 7 days before the meeting at which the document or the
  800  information within the document will be considered.
  801         n.l. Notice of any board meeting, the agenda, and any other
  802  document required for the meeting as required by s.
  803  718.112(2)(c), which must be posted no later than the date
  804  required for notice under s. 718.112(2)(c).
  805         o.m. The inspection reports described in ss. 553.899 and
  806  718.301(4)(p) and any other inspection report relating to a
  807  structural or life safety inspection of condominium property.
  808         p.n. The association’s most recent structural integrity
  809  reserve study, if applicable.
  810         q.o. Copies of all building permits issued for ongoing or
  811  planned construction.
  812         r. A copy of all affidavits required by this chapter.
  813         3. The association shall ensure that the information and
  814  records described in paragraph (c), which are not allowed to be
  815  accessible to unit owners, are not posted on the association’s
  816  website or application. If protected information or information
  817  restricted from being accessible to unit owners is included in
  818  documents that are required to be posted on the association’s
  819  website or application, the association shall ensure the
  820  information is redacted before posting the documents.
  821  Notwithstanding the foregoing, the association or its agent is
  822  not liable for disclosing information that is protected or
  823  restricted under this paragraph unless such disclosure was made
  824  with a knowing or intentional disregard of the protected or
  825  restricted nature of such information.
  826         4. The failure of the association to post information
  827  required under subparagraph 2. is not in and of itself
  828  sufficient to invalidate any action or decision of the
  829  association’s board or its committees.
  830         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  831  the fiscal year, or annually on a date provided in the bylaws,
  832  the association shall prepare and complete, or contract for the
  833  preparation and completion of, a financial report for the
  834  preceding fiscal year. Within 21 days after the final financial
  835  report is completed by the association or received from the
  836  third party, but not later than 180 120 days after the end of
  837  the fiscal year or other date as provided in the bylaws, the
  838  association shall deliver to each unit owner by United States
  839  mail or personal delivery at the mailing address, property
  840  address, e-mail address, or facsimile number provided to fulfill
  841  the association’s notice requirements, a copy of the most recent
  842  financial report, or and a notice that a copy of the most recent
  843  financial report will be, as requested by the owner, mailed, or
  844  hand delivered, or electronically delivered via the Internet to
  845  the unit owner, without charge, within 5 business days after
  846  receipt of a written request from the unit owner. Evidence of
  847  compliance with this delivery requirement must be made by an
  848  affidavit executed by an officer or director of the association.
  849  The division shall adopt rules setting forth uniform accounting
  850  principles and standards to be used by all associations and
  851  addressing the financial reporting requirements for
  852  multicondominium associations. The rules must include, but not
  853  be limited to, standards for presenting a summary of association
  854  reserves, including a good faith estimate disclosing the annual
  855  amount of reserve funds that would be necessary for the
  856  association to fully fund reserves for each reserve item based
  857  on the straight-line accounting method. This disclosure is not
  858  applicable to reserves funded via the pooling method. In
  859  adopting such rules, the division shall consider the number of
  860  members and annual revenues of an association. Financial reports
  861  shall be prepared as follows:
  862         (a) An association that meets the criteria of this
  863  paragraph shall prepare a complete set of financial statements
  864  in accordance with generally accepted accounting principles. The
  865  financial statements must be based upon the association’s total
  866  annual revenues, as follows:
  867         1. An association with total annual revenues of $150,000 or
  868  more, but less than $300,000, shall prepare compiled financial
  869  statements.
  870         2. An association with total annual revenues of at least
  871  $300,000, but less than $500,000, shall prepare reviewed
  872  financial statements.
  873         3. An association with total annual revenues of $500,000 or
  874  more shall prepare audited financial statements.
  875         (b)1. An association with total annual revenues of less
  876  than $150,000 shall prepare a report of cash receipts and
  877  expenditures.
  878         2. A report of cash receipts and disbursements must
  879  disclose the amount of receipts by accounts and receipt
  880  classifications and the amount of expenses by accounts and
  881  expense classifications, including, but not limited to, the
  882  following, as applicable: costs for security, professional and
  883  management fees and expenses, taxes, costs for recreation
  884  facilities, expenses for refuse collection and utility services,
  885  expenses for lawn care, costs for building maintenance and
  886  repair, insurance costs, administration and salary expenses, and
  887  reserves accumulated and expended for capital expenditures,
  888  deferred maintenance, and any other category for which the
  889  association maintains reserves.
  890         (c) An association may prepare, without a meeting of or
  891  approval by the unit owners:
  892         1. Compiled, reviewed, or audited financial statements, if
  893  the association is required to prepare a report of cash receipts
  894  and expenditures;
  895         2. Reviewed or audited financial statements, if the
  896  association is required to prepare compiled financial
  897  statements; or
  898         3. Audited financial statements if the association is
  899  required to prepare reviewed financial statements.
  900         (d) If approved by a majority vote of all the voting
  901  interests present at a properly called meeting of the
  902  association, an association may prepare:
  903         1. A report of cash receipts and expenditures in lieu of a
  904  compiled, reviewed, or audited financial statement;
  905         2. A report of cash receipts and expenditures or a compiled
  906  financial statement in lieu of a reviewed or audited financial
  907  statement; or
  908         3. A report of cash receipts and expenditures, a compiled
  909  financial statement, or a reviewed financial statement in lieu
  910  of an audited financial statement.
  911  
  912  Such meeting and approval must occur before the end of the
  913  fiscal year and is effective only for the fiscal year in which
  914  the vote is taken. An association may not prepare a financial
  915  report pursuant to this paragraph for consecutive fiscal years.
  916  If the developer has not turned over control of the association,
  917  all unit owners, including the developer, may vote on issues
  918  related to the preparation of the association’s financial
  919  reports, from the date of incorporation of the association
  920  through the end of the second fiscal year after the fiscal year
  921  in which the certificate of a surveyor and mapper is recorded
  922  pursuant to s. 718.104(4)(e) or an instrument that transfers
  923  title to a unit in the condominium which is not accompanied by a
  924  recorded assignment of developer rights in favor of the grantee
  925  of such unit is recorded, whichever occurs first. Thereafter,
  926  all unit owners except the developer may vote on such issues
  927  until control is turned over to the association by the
  928  developer. Any audit or review prepared under this section shall
  929  be paid for by the developer if done before turnover of control
  930  of the association.
  931         (e) A unit owner may provide written notice to the division
  932  of the association’s failure to mail or hand deliver him or her
  933  a copy of the most recent financial report within 5 business
  934  days after he or she submitted a written request to the
  935  association for a copy of such report. If the division
  936  determines that the association failed to mail or hand deliver a
  937  copy of the most recent financial report to the unit owner, the
  938  division shall provide written notice to the association that
  939  the association must mail or hand deliver a copy of the most
  940  recent financial report to the unit owner and the division
  941  within 5 business days after it receives such notice from the
  942  division. An association that fails to comply with the
  943  division’s request may not waive the financial reporting
  944  requirement provided in paragraph (d) for the fiscal year in
  945  which the unit owner’s request was made and the following fiscal
  946  year. A financial report received by the division pursuant to
  947  this paragraph shall be maintained, and the division shall
  948  provide a copy of such report to an association member upon his
  949  or her request.
  950         (16) INVESTMENT OF ASSOCIATION FUNDS.
  951         (a) A board shall, in fulfilling its duty to manage
  952  operating and reserve funds of its association, use best efforts
  953  to make prudent investment decisions that carefully consider
  954  risk and return in an effort to maximize returns on invested
  955  funds.
  956         (b) An association, including a multicondominium
  957  association, may invest reserve funds in one or any combination
  958  of certificates of deposit or in depository accounts at a
  959  community bank, savings bank, commercial bank, savings and loan
  960  association, or credit union without a vote of the unit owners.
  961         Section 8. Paragraphs (b) through (g) of subsection (2) of
  962  section 718.112, Florida Statutes, are amended to read:
  963         718.112 Bylaws.—
  964         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  965  following and, if they do not do so, shall be deemed to include
  966  the following:
  967         (b) Quorum; voting requirements; proxies.—
  968         1. Unless a lower number is provided in the bylaws, the
  969  percentage of voting interests required to constitute a quorum
  970  at a meeting of the members is a majority of the voting
  971  interests. Unless otherwise provided in this chapter or in the
  972  declaration, articles of incorporation, or bylaws, and except as
  973  provided in subparagraph (d)4., decisions shall be made by a
  974  majority of the voting interests represented at a meeting at
  975  which a quorum is present.
  976         2. Except as specifically otherwise provided herein, unit
  977  owners in a residential condominium may not vote by general
  978  proxy, but may vote by limited proxies substantially conforming
  979  to a limited proxy form adopted by the division. A voting
  980  interest or consent right allocated to a unit owned by the
  981  association may not be exercised or considered for any purpose,
  982  whether for a quorum, an election, or otherwise. Limited proxies
  983  and general proxies may be used to establish a quorum. Limited
  984  proxies shall be used for votes taken to waive or reduce
  985  reserves in accordance with subparagraph (f)2.; for votes taken
  986  to waive the financial reporting requirements of s. 718.111(13);
  987  for votes taken to amend the declaration pursuant to s. 718.110;
  988  for votes taken to amend the articles of incorporation or bylaws
  989  pursuant to this section; and for any other matter for which
  990  this chapter requires or permits a vote of the unit owners.
  991  Except as provided in paragraph (d), a proxy, limited or
  992  general, may not be used in the election of board members in a
  993  residential condominium. General proxies may be used for other
  994  matters for which limited proxies are not required, and may be
  995  used in voting for nonsubstantive changes to items for which a
  996  limited proxy is required and given. Notwithstanding this
  997  subparagraph, unit owners may vote in person at unit owner
  998  meetings. This subparagraph does not limit the use of general
  999  proxies or require the use of limited proxies for any agenda
 1000  item or election at any meeting of a timeshare condominium
 1001  association or a nonresidential condominium association.
 1002         3. A proxy given is effective only for the specific meeting
 1003  for which originally given and any lawfully adjourned meetings
 1004  thereof. A proxy is not valid longer than 90 days after the date
 1005  of the first meeting for which it was given. Each proxy is
 1006  revocable at any time at the pleasure of the unit owner
 1007  executing it.
 1008         4. A member of the board of administration or a committee
 1009  may submit in writing his or her agreement or disagreement with
 1010  any action taken at a meeting that the member did not attend.
 1011  This agreement or disagreement may not be used as a vote for or
 1012  against the action taken or to create a quorum.
 1013         5. A board meeting may be conducted in person or by video
 1014  conference. A board or committee member’s participation in a
 1015  meeting via telephone, real-time videoconferencing, or similar
 1016  real-time electronic or video communication counts toward a
 1017  quorum, and such member may vote as if physically present. A
 1018  speaker must be used so that the conversation of such members
 1019  may be heard by the board or committee members attending in
 1020  person as well as by any unit owners present at a meeting. The
 1021  division shall adopt rules pursuant to ss. 120.536 and 120.54
 1022  governing the requirements for meetings.
 1023         (c) Board of administration meetings.—In a residential
 1024  condominium association of more than 10 units, the board of
 1025  administration shall meet at least once each quarter. At least
 1026  four times each year, the meeting agenda must include an
 1027  opportunity for members to ask questions of the board. Meetings
 1028  of the board of administration at which a quorum of the members
 1029  is present are open to all unit owners. Members of the board of
 1030  administration may use e-mail as a means of communication but
 1031  may not cast a vote on an association matter via e-mail. A unit
 1032  owner may tape record or videotape the meetings. The right to
 1033  attend such meetings includes the right to speak at such
 1034  meetings with reference to all designated agenda items and the
 1035  right to ask questions relating to reports on the status of
 1036  construction or repair projects, the status of revenues and
 1037  expenditures during the current fiscal year, and other issues
 1038  affecting the condominium. The division shall adopt reasonable
 1039  rules governing the tape recording and videotaping of the
 1040  meeting. The association may adopt written reasonable rules
 1041  governing the frequency, duration, and manner of unit owner
 1042  statements.
 1043         1. Adequate notice of all board meetings, which must
 1044  specifically identify all agenda items, must be posted
 1045  conspicuously on the condominium property at least 48 continuous
 1046  hours before the meeting except in an emergency. If the board
 1047  meeting is to be conducted via video conference, the notice must
 1048  state that such meeting will be via video conference and must
 1049  include a hyperlink and a conference telephone number for unit
 1050  owners to attend the meeting via video conference, as well as
 1051  the address of the physical location where the unit owners can
 1052  attend the meeting in person. If the meeting is conducted via
 1053  video conference, it must be recorded and such recording must be
 1054  maintained as an official record of the association. If 20
 1055  percent of the voting interests petition the board to address an
 1056  item of business, the board, within 60 days after receipt of the
 1057  petition, shall place the item on the agenda at its next regular
 1058  board meeting or at a special meeting called for that purpose.
 1059  An item not included on the notice may be taken up on an
 1060  emergency basis by a vote of at least a majority plus one of the
 1061  board members. Such emergency action must be noticed and
 1062  ratified at the next regular board meeting. Written notice of a
 1063  meeting at which a nonemergency special assessment or an
 1064  amendment to rules regarding unit use will be considered must be
 1065  mailed, delivered, or electronically transmitted to the unit
 1066  owners and posted conspicuously on the condominium property at
 1067  least 14 days before the meeting. Evidence of compliance with
 1068  this 14-day notice requirement must be made by an affidavit
 1069  executed by the person providing the notice and filed with the
 1070  official records of the association.
 1071         2. Upon notice to the unit owners, the board shall, by duly
 1072  adopted rule, designate a specific location on the condominium
 1073  property at which all notices of board meetings must be posted.
 1074  If there is no condominium property at which notices can be
 1075  posted, notices shall be mailed, delivered, or electronically
 1076  transmitted to each unit owner at least 14 days before the
 1077  meeting. In lieu of or in addition to the physical posting of
 1078  the notice on the condominium property, the association may, by
 1079  reasonable rule, adopt a procedure for conspicuously posting and
 1080  repeatedly broadcasting the notice and the agenda on a closed
 1081  circuit cable television system serving the condominium
 1082  association. However, if broadcast notice is used in lieu of a
 1083  notice physically posted on condominium property, the notice and
 1084  agenda must be broadcast at least four times every broadcast
 1085  hour of each day that a posted notice is otherwise required
 1086  under this section. If broadcast notice is provided, the notice
 1087  and agenda must be broadcast in a manner and for a sufficient
 1088  continuous length of time so as to allow an average reader to
 1089  observe the notice and read and comprehend the entire content of
 1090  the notice and the agenda. In addition to any of the authorized
 1091  means of providing notice of a meeting of the board, the
 1092  association may, by rule, adopt a procedure for conspicuously
 1093  posting the meeting notice and the agenda on a website serving
 1094  the condominium association for at least the minimum period of
 1095  time for which a notice of a meeting is also required to be
 1096  physically posted on the condominium property. Any rule adopted
 1097  shall, in addition to other matters, include a requirement that
 1098  the association send an electronic notice in the same manner as
 1099  a notice for a meeting of the members, which must include a
 1100  hyperlink to the website at which the notice is posted, to unit
 1101  owners whose e-mail addresses are included in the association’s
 1102  official records.
 1103         3. Notice of any meeting in which regular or special
 1104  assessments against unit owners are to be considered must
 1105  specifically state that assessments will be considered and
 1106  provide the estimated cost and description of the purposes for
 1107  such assessments. If an agenda item relates to the approval of a
 1108  contract for goods or services, a copy of the contract must be
 1109  provided with the notice and be made available for inspection
 1110  and copying upon a written request from a unit owner or made
 1111  available on the association’s website or through an application
 1112  that can be downloaded on a mobile device.
 1113         4. Meetings of a committee to take final action on behalf
 1114  of the board or make recommendations to the board regarding the
 1115  association budget are subject to this paragraph. Meetings of a
 1116  committee that does not take final action on behalf of the board
 1117  or make recommendations to the board regarding the association
 1118  budget are subject to this section, unless those meetings are
 1119  exempted from this section by the bylaws of the association.
 1120         5. Notwithstanding any other law, the requirement that
 1121  board meetings and committee meetings be open to the unit owners
 1122  does not apply to:
 1123         a. Meetings between the board or a committee and the
 1124  association’s attorney, with respect to proposed or pending
 1125  litigation, if the meeting is held for the purpose of seeking or
 1126  rendering legal advice; or
 1127         b. Board meetings held for the purpose of discussing
 1128  personnel matters.
 1129         (d) Unit owner meetings.—
 1130         1. An annual meeting of the unit owners must be held at the
 1131  location provided in the association bylaws and, if the bylaws
 1132  are silent as to the location, the meeting must be held within
 1133  15 45 miles of the condominium property or within the same
 1134  county as the condominium property. However, such distance
 1135  requirement does not apply to an association governing a
 1136  timeshare condominium. If a unit owner meeting is conducted via
 1137  video conference, a unit owner may vote electronically in the
 1138  manner provided in s. 718.128.
 1139         2. Unit owner meetings, including the annual meeting of the
 1140  unit owners, may be conducted in person or via video conference.
 1141  If the annual meeting of the unit owners is conducted via video
 1142  conference, a quorum of the members of the board of
 1143  administration must be physically present at the physical
 1144  location where unit owners can attend the meeting. The location
 1145  must be provided in the association bylaws and, if the bylaws
 1146  are silent as to the location, the meeting must be held within
 1147  15 miles of the condominium property or within the same county
 1148  as the condominium property. If the unit owner meeting is
 1149  conducted via video conference, the video conference must be
 1150  recorded and such recording must be maintained as an official
 1151  record of the association. The division shall adopt rules
 1152  pursuant to ss. 120.536 and 120.54 governing the requirements
 1153  for meetings.
 1154         3.2. Unless the bylaws provide otherwise, a vacancy on the
 1155  board caused by the expiration of a director’s term must be
 1156  filled by electing a new board member, and the election must be
 1157  by secret ballot. An election is not required if the number of
 1158  vacancies equals or exceeds the number of candidates. For
 1159  purposes of this paragraph, the term “candidate” means an
 1160  eligible person who has timely submitted the written notice, as
 1161  described in sub-subparagraph 4.a., of his or her intention to
 1162  become a candidate. Except in a timeshare or nonresidential
 1163  condominium, or if the staggered term of a board member does not
 1164  expire until a later annual meeting, or if all members’ terms
 1165  would otherwise expire but there are no candidates, the terms of
 1166  all board members expire at the annual meeting, and such members
 1167  may stand for reelection unless prohibited by the bylaws. Board
 1168  members may serve terms longer than 1 year if permitted by the
 1169  bylaws or articles of incorporation. A board member may not
 1170  serve more than 8 consecutive years unless approved by an
 1171  affirmative vote of unit owners representing two-thirds of all
 1172  votes cast in the election or unless there are not enough
 1173  eligible candidates to fill the vacancies on the board at the
 1174  time of the vacancy. Only board service that occurs on or after
 1175  July 1, 2018, may be used when calculating a board member’s term
 1176  limit. If the number of board members whose terms expire at the
 1177  annual meeting equals or exceeds the number of candidates, the
 1178  candidates become members of the board effective upon the
 1179  adjournment of the annual meeting. Unless the bylaws provide
 1180  otherwise, any remaining vacancies shall be filled by the
 1181  affirmative vote of the majority of the directors making up the
 1182  newly constituted board even if the directors constitute less
 1183  than a quorum or there is only one director. In a residential
 1184  condominium association of more than 10 units or in a
 1185  residential condominium association that does not include
 1186  timeshare units or timeshare interests, co-owners of a unit may
 1187  not serve as members of the board of directors at the same time
 1188  unless they own more than one unit or unless there are not
 1189  enough eligible candidates to fill the vacancies on the board at
 1190  the time of the vacancy. A unit owner in a residential
 1191  condominium desiring to be a candidate for board membership must
 1192  comply with sub-subparagraph 4.a. and must be eligible to be a
 1193  candidate to serve on the board of directors at the time of the
 1194  deadline for submitting a notice of intent to run in order to
 1195  have his or her name listed as a proper candidate on the ballot
 1196  or to serve on the board. A person who has been suspended or
 1197  removed by the division under this chapter, or who is delinquent
 1198  in the payment of any assessment due to the association, is not
 1199  eligible to be a candidate for board membership and may not be
 1200  listed on the ballot. For purposes of this paragraph, a person
 1201  is delinquent if a payment is not made by the due date as
 1202  specifically identified in the declaration of condominium,
 1203  bylaws, or articles of incorporation. If a due date is not
 1204  specifically identified in the declaration of condominium,
 1205  bylaws, or articles of incorporation, the due date is the first
 1206  day of the assessment period. A person who has been convicted of
 1207  any felony in this state or in a United States District or
 1208  Territorial Court, or who has been convicted of any offense in
 1209  another jurisdiction which would be considered a felony if
 1210  committed in this state, is not eligible for board membership
 1211  unless such felon’s civil rights have been restored for at least
 1212  5 years as of the date such person seeks election to the board.
 1213  The validity of an action by the board is not affected if it is
 1214  later determined that a board member is ineligible for board
 1215  membership due to having been convicted of a felony. This
 1216  subparagraph does not limit the term of a member of the board of
 1217  a nonresidential or timeshare condominium.
 1218         4.3. The bylaws must provide the method of calling meetings
 1219  of unit owners, including annual meetings. Written notice of an
 1220  annual meeting must include an agenda; be mailed, hand
 1221  delivered, or electronically transmitted to each unit owner at
 1222  least 14 days before the annual meeting; and be posted in a
 1223  conspicuous place on the condominium property or association
 1224  property at least 14 continuous days before the annual meeting.
 1225  Written notice of a meeting other than an annual meeting must
 1226  include an agenda; be mailed, hand delivered, or electronically
 1227  transmitted to each unit owner; and be posted in a conspicuous
 1228  place on the condominium property or association property within
 1229  the timeframe specified in the bylaws. If the bylaws do not
 1230  specify a timeframe for written notice of a meeting other than
 1231  an annual meeting, notice must be provided at least 14
 1232  continuous days before the meeting. Upon notice to the unit
 1233  owners, the board shall, by duly adopted rule, designate a
 1234  specific location on the condominium property or association
 1235  property at which all notices of unit owner meetings must be
 1236  posted. This requirement does not apply if there is no
 1237  condominium property for posting notices. In lieu of, or in In
 1238  addition to, the physical posting of meeting notices, the
 1239  association may, by reasonable rule, adopt a procedure for
 1240  conspicuously posting and repeatedly broadcasting the notice and
 1241  the agenda on a closed-circuit cable television system serving
 1242  the condominium association. However, if broadcast notice is
 1243  used in lieu of a notice posted physically on the condominium
 1244  property, the notice and agenda must be broadcast at least four
 1245  times every broadcast hour of each day that a posted notice is
 1246  otherwise required under this section. If broadcast notice is
 1247  provided, the notice and agenda must be broadcast in a manner
 1248  and for a sufficient continuous length of time so as to allow an
 1249  average reader to observe the notice and read and comprehend the
 1250  entire content of the notice and the agenda. In addition to any
 1251  of the authorized means of providing notice of a meeting of the
 1252  board, the association may, by rule, adopt a procedure for
 1253  conspicuously posting the meeting notice and the agenda on a
 1254  website serving the condominium association for at least the
 1255  minimum period of time for which a notice of a meeting is also
 1256  required to be physically posted on the condominium property.
 1257  Any rule adopted shall, in addition to other matters, include a
 1258  requirement that the association send an electronic notice in
 1259  the same manner as a notice for a meeting of the members, which
 1260  must include a hyperlink to the website at which the notice is
 1261  posted, to unit owners whose e-mail addresses are included in
 1262  the association’s official records. Unless a unit owner waives
 1263  in writing the right to receive notice of the annual meeting,
 1264  such notice must be hand delivered, mailed, or electronically
 1265  transmitted to each unit owner. Notice for meetings and notice
 1266  for all other purposes must be mailed to each unit owner at the
 1267  address last furnished to the association by the unit owner, or
 1268  hand delivered to each unit owner. However, if a unit is owned
 1269  by more than one person, the association must provide notice to
 1270  the address that the developer identifies for that purpose and
 1271  thereafter as one or more of the owners of the unit advise the
 1272  association in writing, or if no address is given or the owners
 1273  of the unit do not agree, to the address provided on the deed of
 1274  record. An officer of the association, or the manager or other
 1275  person providing notice of the association meeting, must provide
 1276  an affidavit or United States Postal Service certificate of
 1277  mailing, to be included in the official records of the
 1278  association affirming that the notice was mailed or hand
 1279  delivered in accordance with this provision.
 1280         5.4. The members of the board of a residential condominium
 1281  shall be elected by written ballot or voting machine. Proxies
 1282  may not be used in electing the board in general elections or
 1283  elections to fill vacancies caused by recall, resignation, or
 1284  otherwise, unless otherwise provided in this chapter. This
 1285  subparagraph does not apply to an association governing a
 1286  timeshare condominium.
 1287         a. At least 60 days before a scheduled election, the
 1288  association shall mail, deliver, or electronically transmit, by
 1289  separate association mailing or included in another association
 1290  mailing, delivery, or transmission, including regularly
 1291  published newsletters, to each unit owner entitled to a vote, a
 1292  first notice of the date of the election. A unit owner or other
 1293  eligible person desiring to be a candidate for the board must
 1294  give written notice of his or her intent to be a candidate to
 1295  the association at least 40 days before a scheduled election.
 1296  Together with the written notice and agenda as set forth in
 1297  subparagraph 3., the association shall mail, deliver, or
 1298  electronically transmit a second notice of the election to all
 1299  unit owners entitled to vote, together with a ballot that lists
 1300  all candidates not less than 14 days or more than 34 days before
 1301  the date of the election. Upon request of a candidate, an
 1302  information sheet, no larger than 8 1/2 inches by 11 inches,
 1303  which must be furnished by the candidate at least 35 days before
 1304  the election, must be included with the mailing, delivery, or
 1305  transmission of the ballot, with the costs of mailing, delivery,
 1306  or electronic transmission and copying to be borne by the
 1307  association. The association is not liable for the contents of
 1308  the information sheets prepared by the candidates. In order to
 1309  reduce costs, the association may print or duplicate the
 1310  information sheets on both sides of the paper. The division
 1311  shall by rule establish voting procedures consistent with this
 1312  sub-subparagraph, including rules establishing procedures for
 1313  giving notice by electronic transmission and rules providing for
 1314  the secrecy of ballots. Elections shall be decided by a
 1315  plurality of ballots cast. There is no quorum requirement;
 1316  however, at least 20 percent of the eligible voters must cast a
 1317  ballot in order to have a valid election. A unit owner may not
 1318  authorize any other person to vote his or her ballot, and any
 1319  ballots improperly cast are invalid. A unit owner who violates
 1320  this provision may be fined by the association in accordance
 1321  with s. 718.303. A unit owner who needs assistance in casting
 1322  the ballot for the reasons stated in s. 101.051 may obtain such
 1323  assistance. The regular election must occur on the date of the
 1324  annual meeting. Notwithstanding this sub-subparagraph, an
 1325  election is not required unless more candidates file notices of
 1326  intent to run or are nominated than board vacancies exist.
 1327         b. A director of a board of an association of a residential
 1328  condominium shall:
 1329         (I) Certify in writing to the secretary of the association
 1330  that he or she has read the association’s declaration of
 1331  condominium, articles of incorporation, bylaws, and current
 1332  written policies; that he or she will work to uphold such
 1333  documents and policies to the best of his or her ability; and
 1334  that he or she will faithfully discharge his or her fiduciary
 1335  responsibility to the association’s members.
 1336         (II) Submit to the secretary of the association a
 1337  certificate of having satisfactorily completed the educational
 1338  curriculum administered by the division or a division-approved
 1339  condominium education provider. The educational curriculum must
 1340  be at least 4 hours long and include instruction on milestone
 1341  inspections, structural integrity reserve studies, elections,
 1342  recordkeeping, financial literacy and transparency, levying of
 1343  fines, and notice and meeting requirements.
 1344  
 1345  Each newly elected or appointed director must submit to the
 1346  secretary of the association the written certification and
 1347  educational certificate within 1 year before being elected or
 1348  appointed or 90 days after the date of election or appointment.
 1349  A director of an association of a residential condominium who
 1350  was elected or appointed before July 1, 2024, must comply with
 1351  the written certification and educational certificate
 1352  requirements in this sub-subparagraph by June 30, 2025. The
 1353  written certification and educational certificate is valid for 7
 1354  years after the date of issuance and does not have to be
 1355  resubmitted as long as the director serves on the board without
 1356  interruption during the 7-year period. A director who is
 1357  appointed by the developer may satisfy the educational
 1358  certificate requirement in sub-sub-subparagraph (II) for any
 1359  subsequent appointment to a board by a developer within 7 years
 1360  after the date of issuance of the most recent educational
 1361  certificate, including any interruption of service on a board or
 1362  appointment to a board in another association within that 7-year
 1363  period. One year after submission of the most recent written
 1364  certification and educational certificate, and annually
 1365  thereafter, a director of an association of a residential
 1366  condominium must submit to the secretary of the association a
 1367  certificate of having satisfactorily completed at least 1 hour
 1368  of continuing education administered by the division, or a
 1369  division-approved condominium education provider, relating to
 1370  any recent changes to this chapter and the related
 1371  administrative rules during the past year. A director of an
 1372  association of a residential condominium who fails to timely
 1373  file the written certification and educational certificate is
 1374  suspended from service on the board until he or she complies
 1375  with this sub-subparagraph. The board may temporarily fill the
 1376  vacancy during the period of suspension. The secretary shall
 1377  cause the association to retain a director’s written
 1378  certification and educational certificate for inspection by the
 1379  members for 7 years after a director’s election or the duration
 1380  of the director’s uninterrupted tenure, whichever is longer.
 1381  Failure to have such written certification and educational
 1382  certificate on file does not affect the validity of any board
 1383  action.
 1384         c. Any challenge to the election process must be commenced
 1385  within 60 days after the election results are announced.
 1386         6.5. Any approval by unit owners called for by this chapter
 1387  or the applicable declaration or bylaws, including, but not
 1388  limited to, the approval requirement in s. 718.111(8), must be
 1389  made at a duly noticed meeting of unit owners and is subject to
 1390  all requirements of this chapter or the applicable condominium
 1391  documents relating to unit owner decisionmaking, except that
 1392  unit owners may take action by written agreement, without
 1393  meetings, on matters for which action by written agreement
 1394  without meetings is expressly allowed by the applicable bylaws
 1395  or declaration or any law that provides for such action.
 1396         7.6. Unit owners may waive notice of specific meetings if
 1397  allowed by the applicable bylaws or declaration or any law.
 1398  Notice of meetings of the board of administration; unit owner
 1399  meetings, except unit owner meetings called to recall board
 1400  members under paragraph (l); and committee meetings may be given
 1401  by electronic transmission to unit owners who consent to receive
 1402  notice by electronic transmission. A unit owner who consents to
 1403  receiving notices by electronic transmission is solely
 1404  responsible for removing or bypassing filters that block receipt
 1405  of mass e-mails sent to members on behalf of the association in
 1406  the course of giving electronic notices.
 1407         8.7. Unit owners have the right to participate in meetings
 1408  of unit owners with reference to all designated agenda items.
 1409  However, the association may adopt reasonable rules governing
 1410  the frequency, duration, and manner of unit owner participation.
 1411         9.8. A unit owner may tape record or videotape a meeting of
 1412  the unit owners subject to reasonable rules adopted by the
 1413  division.
 1414         10.9. Unless otherwise provided in the bylaws, any vacancy
 1415  occurring on the board before the expiration of a term may be
 1416  filled by the affirmative vote of the majority of the remaining
 1417  directors, even if the remaining directors constitute less than
 1418  a quorum, or by the sole remaining director. In the alternative,
 1419  a board may hold an election to fill the vacancy, in which case
 1420  the election procedures must conform to sub-subparagraph 4.a.
 1421  unless the association governs 10 units or fewer and has opted
 1422  out of the statutory election process, in which case the bylaws
 1423  of the association control. Unless otherwise provided in the
 1424  bylaws, a board member appointed or elected under this section
 1425  shall fill the vacancy for the unexpired term of the seat being
 1426  filled. Filling vacancies created by recall is governed by
 1427  paragraph (l) and rules adopted by the division.
 1428         11.10. This chapter does not limit the use of general or
 1429  limited proxies, require the use of general or limited proxies,
 1430  or require the use of a written ballot or voting machine for any
 1431  agenda item or election at any meeting of a timeshare
 1432  condominium association or nonresidential condominium
 1433  association.
 1434  
 1435  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1436  association of 10 or fewer units may, by affirmative vote of a
 1437  majority of the total voting interests, provide for different
 1438  voting and election procedures in its bylaws, which may be by a
 1439  proxy specifically delineating the different voting and election
 1440  procedures. The different voting and election procedures may
 1441  provide for elections to be conducted by limited or general
 1442  proxy.
 1443         (e) Budget meeting.—
 1444         1. Any meeting at which a proposed annual budget of an
 1445  association will be considered by the board or unit owners shall
 1446  be open to all unit owners. A meeting of the board or unit
 1447  owners at which a proposed annual association budget will be
 1448  considered may be conducted by video conference. The division
 1449  shall adopt rules pursuant to ss. 120.536 and 120.54 governing
 1450  the requirements for such meetings. A sound transmitting device
 1451  must be used so that the conversation of such members may be
 1452  heard by the board or committee members attending in person, as
 1453  well as any unit owners present at the meeting. At least 14 days
 1454  before prior to such a meeting, the board shall hand deliver to
 1455  each unit owner, mail to each unit owner at the address last
 1456  furnished to the association by the unit owner, or
 1457  electronically transmit to the location furnished by the unit
 1458  owner for that purpose a notice of such meeting and a copy of
 1459  the proposed annual budget. An officer or manager of the
 1460  association, or other person providing notice of such meeting,
 1461  shall execute an affidavit evidencing compliance with such
 1462  notice requirement, and such affidavit shall be filed among the
 1463  official records of the association.
 1464         2.a. If a board proposes adopts in any fiscal year an
 1465  annual budget which requires assessments against unit owners
 1466  which exceed 115 percent of assessments for the preceding fiscal
 1467  year, the board shall simultaneously propose a substitute budget
 1468  that does not include any discretionary expenditures that are
 1469  not required to be in the budget. The substitute budget must be
 1470  proposed at the budget meeting before the conduct a special
 1471  meeting of the unit owners to consider a substitute budget if
 1472  the board receives, within 21 days after adoption of the annual
 1473  budget, a written request for a special meeting from at least 10
 1474  percent of all voting interests. The special meeting shall be
 1475  conducted within 60 days after adoption of the annual budget. At
 1476  least 14 days before such budget meeting in which a substitute
 1477  budget will be proposed prior to such special meeting, the board
 1478  shall hand deliver to each unit owner, or mail to each unit
 1479  owner at the address last furnished to the association, a notice
 1480  of the meeting. An officer or manager of the association, or
 1481  other person providing notice of such meeting shall execute an
 1482  affidavit evidencing compliance with this notice requirement,
 1483  and such affidavit shall be filed among the official records of
 1484  the association. Unit owners must may consider and may adopt a
 1485  substitute budget at the special meeting. A substitute budget is
 1486  adopted if approved by a majority of all voting interests unless
 1487  the bylaws require adoption by a greater percentage of voting
 1488  interests. If there is not a quorum at the special meeting or a
 1489  substitute budget is not adopted, the annual budget previously
 1490  initially proposed adopted by the board may be adopted shall
 1491  take effect as scheduled.
 1492         b. Any determination of whether assessments exceed 115
 1493  percent of assessments for the prior fiscal year shall exclude
 1494  any authorized provision for required reasonable reserves for
 1495  repair or replacement of the condominium property, anticipated
 1496  expenses of the association which the board does not expect to
 1497  be incurred on a regular or annual basis for the repair,
 1498  maintenance, or replacement of the items listed in paragraph
 1499  (g), and insurance premiums, or assessments for betterments to
 1500  the condominium property.
 1501         c. If the developer controls the board, assessments may
 1502  shall not exceed 115 percent of assessments for the prior fiscal
 1503  year unless approved by a majority of all voting interests.
 1504         (f) Annual budget.—
 1505         1. The proposed annual budget of estimated revenues and
 1506  expenses must be detailed and must show the amounts budgeted by
 1507  accounts and expense classifications, including, at a minimum,
 1508  any applicable expenses listed in s. 718.504(21). The board
 1509  shall adopt the annual budget at least 14 days before the start
 1510  of the association’s fiscal year. In the event that the board
 1511  fails to timely adopt the annual budget a second time, it is
 1512  deemed a minor violation and the prior year’s budget shall
 1513  continue in effect until a new budget is adopted. A
 1514  multicondominium association must adopt a separate budget of
 1515  common expenses for each condominium the association operates
 1516  and must adopt a separate budget of common expenses for the
 1517  association. In addition, if the association maintains limited
 1518  common elements with the cost to be shared only by those
 1519  entitled to use the limited common elements as provided for in
 1520  s. 718.113(1), the budget or a schedule attached to it must show
 1521  the amount budgeted for this maintenance. If, after turnover of
 1522  control of the association to the unit owners, any of the
 1523  expenses listed in s. 718.504(21) are not applicable, they do
 1524  not need to be listed.
 1525         2.a. In addition to annual operating expenses, the budget
 1526  must include reserve accounts for capital expenditures and
 1527  deferred maintenance. These accounts must include, but are not
 1528  limited to, roof replacement, building painting, and pavement
 1529  resurfacing, regardless of the amount of deferred maintenance
 1530  expense or replacement cost, and any other item that has a
 1531  deferred maintenance expense or replacement cost that exceeds
 1532  $25,000 or the inflation-adjusted amount determined by the
 1533  division under subparagraph 6., whichever is greater $10,000.
 1534  The amount to be reserved must be computed using a formula based
 1535  upon estimated remaining useful life and estimated replacement
 1536  cost or deferred maintenance expense of the reserve item. In a
 1537  budget adopted by an association that is required to obtain a
 1538  structural integrity reserve study, reserves must be maintained
 1539  for the items identified in paragraph (g) for which the
 1540  association is responsible pursuant to the declaration of
 1541  condominium, and the reserve amount for such items must be based
 1542  on the findings and recommendations of the association’s most
 1543  recent structural integrity reserve study. If an association
 1544  votes to terminate the condominium in accordance with s.
 1545  718.117, the members may vote to waive the maintenance of
 1546  reserves recommended by the association’s most recent structural
 1547  integrity reserve study. With respect to items for which an
 1548  estimate of useful life is not readily ascertainable or with an
 1549  estimated remaining useful life of greater than 25 years, an
 1550  association is not required to reserve replacement costs for
 1551  such items, but an association must reserve the amount of
 1552  deferred maintenance expense, if any, which is recommended by
 1553  the structural integrity reserve study for such items. The
 1554  association may adjust replacement reserve assessments annually
 1555  to take into account an inflation adjustment and any changes in
 1556  estimates or extension of the useful life of a reserve item
 1557  caused by deferred maintenance.
 1558         b. The members of a unit-owner-controlled association may
 1559  determine, by a majority vote of the total voting interests of
 1560  the association, to provide no reserves or less reserves than
 1561  required by this subsection. For a budget adopted on or after
 1562  December 31, 2024, the members of a unit-owner-controlled
 1563  association that must obtain a structural integrity reserve
 1564  study may not determine to provide no reserves or less reserves
 1565  than required by this subsection for items listed in paragraph
 1566  (g), except that members of an association operating a
 1567  multicondominium may determine to provide no reserves or less
 1568  reserves than required by this subsection if an alternative
 1569  funding method is used by the association has been approved by
 1570  the division.
 1571         c.(I) Reserves for the items listed in paragraph (g) may be
 1572  funded by regular assessments, special assessments, lines of
 1573  credit, or loans. A special assessment, a line of credit, or a
 1574  loan under this sub-subparagraph requires the approval of a
 1575  majority vote of the total voting interests of the association.
 1576         (II) A unit-owner-controlled association that must have a
 1577  structural integrity reserve study may secure a line of credit
 1578  or a loan to fund capital expenses required by a milestone
 1579  inspection under s. 553.899 or a structural integrity reserve
 1580  study. The line of credit or loan must be sufficient to fund the
 1581  cumulative amount of any previously waived or unfunded portions
 1582  of the reserve funding amount required by this paragraph and the
 1583  most recent structural integrity reserve study. Funding from the
 1584  line of credit or loan must be immediately available for access
 1585  by the board to fund required repair, maintenance, or
 1586  replacement expenses without further approval by the members of
 1587  the association. A special assessment, a line of credit, or a
 1588  loan secured under this sub-subparagraph and related details
 1589  must be included in the annual financial statement that is
 1590  required under s. 718.111(13) to be delivered to unit owners and
 1591  required under s. 718.503 to be provided to prospective
 1592  purchasers of a unit.
 1593         (III) This sub-subparagraph does not apply to associations
 1594  controlled by a developer as defined in s. 718.103, an
 1595  association in which the nondeveloper unit owners have been in
 1596  control for less than 1 year, or an association controlled by
 1597  one or more bulk assignees or bulk buyers as those terms are
 1598  defined in s. 718.703.
 1599         d. If the local building official, as defined in s.
 1600  468.603, determines that the entire condominium building is
 1601  uninhabitable due to a natural emergency, as defined in s.
 1602  252.34, the board, upon the approval of a majority of its
 1603  members, may pause the contribution to its reserves or reduce
 1604  reserve funding until the local building official determines
 1605  that the condominium building is habitable. Any reserve account
 1606  funds held by the association may be expended, pursuant to the
 1607  board’s determination, to make the condominium building and its
 1608  structures habitable. Upon the determination by the local
 1609  building official that the condominium building is habitable,
 1610  the association must immediately resume contributing funds to
 1611  its reserves.
 1612         eFor a budget adopted on or before December 31, 2028, if
 1613  the association has completed a milestone inspection pursuant to
 1614  s. 553.899 within the previous 2 calendar years, the board, upon
 1615  the approval of a majority of the total voting interests of the
 1616  association, may temporarily pause, for a period of no more than
 1617  two consecutive annual budgets, reserve fund contributions or
 1618  reduce the amount of reserve funding for the purpose of funding
 1619  repairs recommended by the milestone inspection. This sub
 1620  subparagraph does not apply to an association controlled by a
 1621  developer as defined in s. 718.103, an association in which the
 1622  nondeveloper unit owners have been in control for less than 1
 1623  year, or an association controlled by one or more bulk assignees
 1624  or bulk buyers as those terms are defined in s. 718.703. An
 1625  association that has paused reserve contributions under this
 1626  subparagraph must have a structural integrity reserve study
 1627  performed before the continuation of reserve contributions in
 1628  order to determine the association’s reserve funding needs and
 1629  to recommend a reserve funding plan.
 1630         f.b. Before turnover of control of an association by a
 1631  developer to unit owners other than a developer under s.
 1632  718.301, the developer-controlled association may not vote to
 1633  waive the reserves or reduce funding of the reserves. If a
 1634  meeting of the unit owners has been called to determine whether
 1635  to waive or reduce the funding of reserves and no such result is
 1636  achieved or a quorum is not attained, the reserves included in
 1637  the budget shall go into effect. After the turnover, the
 1638  developer may vote its voting interest to waive or reduce the
 1639  funding of reserves.
 1640         3. Reserve funds and any interest accruing thereon shall
 1641  remain in the reserve account or accounts, and may be used only
 1642  for authorized reserve expenditures unless their use for other
 1643  purposes is approved in advance by a majority vote of all the
 1644  total voting interests of the association. Before turnover of
 1645  control of an association by a developer to unit owners other
 1646  than the developer pursuant to s. 718.301, the developer
 1647  controlled association may not vote to use reserves for purposes
 1648  other than those for which they were intended. For a budget
 1649  adopted on or after December 31, 2024, members of a unit-owner
 1650  controlled association that must obtain a structural integrity
 1651  reserve study may not vote to use reserve funds, or any interest
 1652  accruing thereon, for any other purpose other than the
 1653  replacement or deferred maintenance costs of the components
 1654  listed in paragraph (g).
 1655         4.An association’s reserve accounts may be pooled for two
 1656  or more required components. Reserve funding for components
 1657  listed in paragraph (g) may only be pooled with other components
 1658  listed in paragraph (g). The reserve funding indicated in the
 1659  proposed annual budget must be sufficient to ensure that
 1660  available funds meet or exceed projected expenses for all
 1661  components in the reserve pool based on the reserve funding plan
 1662  or schedule of the most recent structural integrity reserve
 1663  study. A vote of the members is not required for the board to
 1664  change the accounting method for reserves to a pooling
 1665  accounting method or a straight-line accounting method.
 1666         5.4. The only voting interests that are eligible to vote on
 1667  questions that involve waiving or reducing the funding of
 1668  reserves, or using existing reserve funds for purposes other
 1669  than purposes for which the reserves were intended, are the
 1670  voting interests of the units subject to assessment to fund the
 1671  reserves in question. Proxy questions relating to waiving or
 1672  reducing the funding of reserves or using existing reserve funds
 1673  for purposes other than purposes for which the reserves were
 1674  intended must contain the following statement in capitalized,
 1675  bold letters in a font size larger than any other used on the
 1676  face of the proxy ballot:
 1677  
 1678         WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING
 1679         ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN
 1680         UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1681         SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1682  
 1683         6. The division shall annually adjust for inflation, based
 1684  on the Consumer Price Index for All Urban Consumers released in
 1685  January of each year, the minimum $25,000 threshold amount for
 1686  required reserves. By February 1, 2026, and annually thereafter,
 1687  the division must conspicuously post on its website the
 1688  inflation-adjusted minimum threshold amount for required
 1689  reserves.
 1690         (g) Structural integrity reserve study.—
 1691         1. A residential condominium association must have a
 1692  structural integrity reserve study completed at least every 10
 1693  years after the condominium’s creation for each building on the
 1694  condominium property that is three stories or higher in height,
 1695  as determined by the Florida Building Code, which includes, at a
 1696  minimum, a study of the following items as related to the
 1697  structural integrity and safety of the building:
 1698         a. Roof.
 1699         b. Structure, including load-bearing walls and other
 1700  primary structural members and primary structural systems as
 1701  those terms are defined in s. 627.706.
 1702         c. Fireproofing and fire protection systems.
 1703         d. Plumbing.
 1704         e. Electrical systems.
 1705         f. Waterproofing and exterior painting.
 1706         g. Windows and exterior doors.
 1707         h. Any other item that has a deferred maintenance expense
 1708  or replacement cost that exceeds $25,000 or the inflation
 1709  adjusted amount determined by the division under subparagraph
 1710  (f)6., whichever is greater, $10,000 and the failure to replace
 1711  or maintain such item negatively affects the items listed in
 1712  sub-subparagraphs a.-g., as determined by the visual inspection
 1713  portion of the structural integrity reserve study.
 1714         2. A structural integrity reserve study is based on a
 1715  visual inspection of the condominium property.
 1716         3.a. A structural integrity reserve study may be performed
 1717  by any person qualified to perform such study. However,
 1718  including the visual inspection portion of the structural
 1719  integrity reserve study, must be performed or verified by an
 1720  engineer licensed under chapter 471, an architect licensed under
 1721  chapter 481, or a person certified as a reserve specialist or
 1722  professional reserve analyst by the Community Associations
 1723  Institute or the Association of Professional Reserve Analysts.
 1724         b. Any design professional as defined in s. 558.002 or any
 1725  contractor licensed under chapter 489 who bids to perform a
 1726  structural integrity reserve study must disclose in writing to
 1727  the association his or her intent to bid on any services related
 1728  to any maintenance, repair, or replacement that may be
 1729  recommended by the structural integrity reserve study. Any
 1730  design professional as defined in s. 558.002 or contractor
 1731  licensed under chapter 489 who submits a bid to the association
 1732  for performing any services recommended by the structural
 1733  integrity reserve study may not have an interest, directly or
 1734  indirectly, in the firm or entity providing the association’s
 1735  structural integrity reserve study or be a relative of any
 1736  person having a direct or indirect interest in such firm, unless
 1737  such relationship is disclosed to the association in writing. As
 1738  used in this section, the term “relative” means a relative
 1739  within the third degree of consanguinity by blood or marriage. A
 1740  contract for services is voidable and terminates upon the
 1741  association filing a written notice terminating the contract if
 1742  the design professional or licensed contractor failed to provide
 1743  the written disclosure of the interests or relationships
 1744  required under this paragraph. A design professional or licensed
 1745  contractor may be subject to discipline under the applicable
 1746  practice act for his or her profession for failure to provide
 1747  the written disclosure of the interests or relationships
 1748  required under this paragraph.
 1749         4.a.3. At a minimum, a structural integrity reserve study
 1750  must identify each item of the condominium property being
 1751  visually inspected, state the estimated remaining useful life
 1752  and the estimated replacement cost or deferred maintenance
 1753  expense of each item of the condominium property being visually
 1754  inspected, and provide a reserve funding plan or schedule with a
 1755  recommended annual reserve amount that achieves the estimated
 1756  replacement cost or deferred maintenance expense of each item of
 1757  condominium property being visually inspected by the end of the
 1758  estimated remaining useful life of the item. At a minimum, the
 1759  structural integrity reserve study must include a recommendation
 1760  for a reserve funding schedule based on a baseline funding plan
 1761  that provides a reserve funding goal in which the reserve
 1762  funding for each budget year is sufficient to maintain the
 1763  reserve cash balance above zero. The study may recommend other
 1764  types of reserve funding schedules, provided that each
 1765  recommended schedule is sufficient to meet the association’s
 1766  maintenance obligation.
 1767         b. The structural integrity reserve study may recommend
 1768  that reserves do not need to be maintained for any item for
 1769  which an estimate of useful life and an estimate of replacement
 1770  cost cannot be determined, or the study may recommend a deferred
 1771  maintenance expense amount for such item. The structural
 1772  integrity reserve study may recommend that reserves for
 1773  replacement costs do not need to be maintained for any item with
 1774  an estimated remaining useful life of greater than 25 years, but
 1775  the study may recommend a deferred maintenance expense amount
 1776  for such item. If the structural integrity reserve study
 1777  recommends reserves for any item for which reserves are not
 1778  required under this paragraph, the amount of the recommended
 1779  reserves for such item must be separately identified in the
 1780  structural integrity reserve study as an item for which reserves
 1781  are not required under this paragraph.
 1782         c. The structural integrity reserve study must take into
 1783  consideration the funding method or methods used by the
 1784  association to fund its maintenance and reserve funding
 1785  obligations through regular assessments, special assessments,
 1786  lines of credit, or loans. If the structural integrity reserve
 1787  study is performed before the association has approved a special
 1788  assessment or secured a line of credit or a loan, the structural
 1789  integrity reserve study must be updated to reflect the funding
 1790  method selected by the association and its effect on the reserve
 1791  funding schedule, including any anticipated change in the amount
 1792  of regular assessments. The structural integrity reserve study
 1793  may be updated to reflect any changes to the useful life of the
 1794  reserve items after such items are repaired or replaced, and the
 1795  effect such repair or replacement will have on the reserve
 1796  funding schedule. The association must obtain an updated
 1797  structural integrity reserve study before adopting any budget in
 1798  which the reserve funding from regular assessments, special
 1799  assessments, lines of credit, or loans do not align with the
 1800  funding plan from the most recent version of the structural
 1801  integrity reserve study.
 1802         5.4. This paragraph does not apply to buildings less than
 1803  three stories in height; single-family, two-family, or three
 1804  family, or four-family dwellings with three or fewer habitable
 1805  stories above ground; any portion or component of a building
 1806  that has not been submitted to the condominium form of
 1807  ownership; or any portion or component of a building that is
 1808  maintained by a party other than the association.
 1809         6.5. Before a developer turns over control of an
 1810  association to unit owners other than the developer, the
 1811  developer must have a turnover inspection report in compliance
 1812  with s. 718.301(4)(p) and (q) for each building on the
 1813  condominium property that is three stories or higher in height.
 1814         7.6. Associations existing on or before July 1, 2022, which
 1815  are controlled by unit owners other than the developer, must
 1816  have a structural integrity reserve study completed by December
 1817  31, 2025 2024, for each building on the condominium property
 1818  that is three stories or higher in height. An association that
 1819  is required to complete a milestone inspection in accordance
 1820  with s. 553.899 on or before December 31, 2026, may complete the
 1821  structural integrity reserve study simultaneously with the
 1822  milestone inspection. In no event may the structural integrity
 1823  reserve study be completed after December 31, 2026.
 1824         8.7. If the milestone inspection required by s. 553.899, or
 1825  an inspection completed for a similar local requirement, was
 1826  performed within the past 5 years and meets the requirements of
 1827  this paragraph, such inspection may be used in place of the
 1828  visual inspection portion of the structural integrity reserve
 1829  study.
 1830         9. If the association completes a milestone inspection
 1831  required by s. 553.899, or an inspection completed for a similar
 1832  local requirement, the association may delay performance of a
 1833  required structural integrity reserve study for no more than the
 1834  2 consecutive budget years immediately following the milestone
 1835  inspection in order to allow the association to focus its
 1836  financial resources on completing the repair and maintenance
 1837  recommendations of the milestone inspection.
 1838         10.8. If the officers or directors of an association
 1839  willfully and knowingly fail to complete a structural integrity
 1840  reserve study pursuant to this paragraph, such failure is a
 1841  breach of an officer’s or a and director’s fiduciary
 1842  relationship to the unit owners under s. 718.111(1). An officer
 1843  or a director of an association must sign an affidavit
 1844  acknowledging receipt of the completed structural integrity
 1845  reserve study.
 1846         11.9. Within 45 days after receiving the structural
 1847  integrity reserve study, the association must distribute a copy
 1848  of the study to each unit owner or deliver to each unit owner a
 1849  notice that the completed study is available for inspection and
 1850  copying upon a written request. Distribution of a copy of the
 1851  study or notice must be made by United States mail or personal
 1852  delivery to the mailing address, property address, or any other
 1853  address of the owner provided to fulfill the association’s
 1854  notice requirements under this chapter, or by electronic
 1855  transmission to the e-mail address or facsimile number provided
 1856  to fulfill the association’s notice requirements to unit owners
 1857  who previously consented to receive notice by electronic
 1858  transmission.
 1859         12.10. Within 45 days after receiving the structural
 1860  integrity reserve study, the association must provide the
 1861  division with a statement indicating that the study was
 1862  completed and that the association provided or made available
 1863  such study to each unit owner in accordance with this section.
 1864  The statement must be provided to the division in the manner
 1865  established by the division using a form posted on the
 1866  division’s website.
 1867         13. The division shall adopt by rule the form for the
 1868  structural integrity reserve study in coordination with the
 1869  Florida Building Commission.
 1870         Section 9. Paragraphs (d) and (e) of subsection (5) of
 1871  section 718.113, Florida Statutes, are amended to read:
 1872         718.113 Maintenance; limitation upon improvement; display
 1873  of flag; hurricane protection; display of religious
 1874  decorations.—
 1875         (5) To protect the health, safety, and welfare of the
 1876  people of the state and to ensure uniformity and consistency in
 1877  the hurricane protections installed by condominium associations
 1878  and unit owners, this subsection applies to all residential and
 1879  mixed-use condominiums in the state, regardless of when the
 1880  condominium is created pursuant to the declaration of
 1881  condominium. Each board of administration of a residential
 1882  condominium or mixed-use condominium must adopt hurricane
 1883  protection specifications for each building within each
 1884  condominium operated by the association which may include color,
 1885  style, and other factors deemed relevant by the board. All
 1886  specifications adopted by the board must comply with the
 1887  applicable building code. The installation, maintenance, repair,
 1888  replacement, and operation of hurricane protection in accordance
 1889  with this subsection is not considered a material alteration or
 1890  substantial addition to the common elements or association
 1891  property within the meaning of this section.
 1892         (d) Unless otherwise provided in the declaration as
 1893  originally recorded, or as amended, a unit owner is not
 1894  responsible for the cost of any removal or reinstallation of
 1895  hurricane protection, including exterior windows, doors, or
 1896  other apertures, if its removal is necessary for the
 1897  maintenance, repair, or replacement of other condominium
 1898  property or association property for which the association is
 1899  responsible. The board shall determine if the removal or
 1900  reinstallation of hurricane protection must be completed by the
 1901  unit owner or the association if the declaration as originally
 1902  recorded, or as amended, does not specify who is responsible for
 1903  such costs. If such removal or reinstallation is completed by
 1904  the association, the costs incurred by the association may not
 1905  be charged to the unit owner. If such removal or reinstallation
 1906  is completed by the unit owner, the association must reimburse
 1907  the unit owner for the cost of the removal or reinstallation or
 1908  the association must apply a credit toward future assessments in
 1909  the amount of the unit owner’s cost to remove or reinstall the
 1910  hurricane protection.
 1911         (e)If the removal or reinstallation of hurricane
 1912  protection, including exterior windows, doors, or other
 1913  apertures, is the responsibility of the unit owner and the
 1914  association completes such removal or reinstallation and then
 1915  charges the unit owner for such removal or reinstallation, such
 1916  charges are enforceable as an assessment and may be collected in
 1917  the manner provided under s. 718.116.
 1918         Section 10. Paragraph (h) of subsection (1) of section
 1919  718.1265, Florida Statutes, is amended to read:
 1920         718.1265 Association emergency powers.—
 1921         (1) To the extent allowed by law, unless specifically
 1922  prohibited by the declaration of condominium, the articles, or
 1923  the bylaws of an association, and consistent with s. 617.0830,
 1924  the board of administration, in response to damage or injury
 1925  caused by or anticipated in connection with an emergency, as
 1926  defined in s. 252.34(4), for which a state of emergency is
 1927  declared pursuant to s. 252.36 in the locale in which the
 1928  condominium is located, may exercise the following powers:
 1929         (h) Require the evacuation of the condominium property in
 1930  the event of an a mandatory evacuation order in the locale in
 1931  which the condominium is located. If a Should any unit owner or
 1932  other occupant of a condominium fails or refuses fail or refuse
 1933  to evacuate the condominium property or association property for
 1934  which where the board has required evacuation, the association
 1935  is shall be immune from liability or injury to persons or
 1936  property arising from such failure or refusal.
 1937         Section 11. Present subsection (6) of section 718.128,
 1938  Florida Statutes, is redesignated as subsection (8), a new
 1939  subsection (6) and subsection (7) are added to that section, and
 1940  subsection (4) of that section is amended, to read:
 1941         718.128 Electronic voting.—The association may conduct
 1942  elections and other unit owner votes through an Internet-based
 1943  online voting system if a unit owner consents, electronically or
 1944  in writing, to online voting and if the following requirements
 1945  are met:
 1946         (4) This section applies to an association that provides
 1947  for and authorizes an online voting system pursuant to this
 1948  section by a board resolution. If the board authorizes online
 1949  voting, the board must honor a unit owner’s request to vote
 1950  electronically at all subsequent elections, unless such unit
 1951  owner opts out of online voting. The board resolution must
 1952  provide that unit owners receive notice of the opportunity to
 1953  vote through an online voting system, must establish reasonable
 1954  procedures and deadlines for unit owners to consent,
 1955  electronically or in writing, to online voting, and must
 1956  establish reasonable procedures and deadlines for unit owners to
 1957  opt out of online voting after giving consent. Written notice of
 1958  a meeting at which the resolution will be considered must be
 1959  mailed, delivered, or electronically transmitted to the unit
 1960  owners and posted conspicuously on the condominium property or
 1961  association property at least 14 days before the meeting.
 1962  Evidence of compliance with the 14-day notice requirement must
 1963  be made by an affidavit executed by the person providing the
 1964  notice and filed with the official records of the association.
 1965         (6)If at least 25 percent of the voting interests of a
 1966  condominium petition the board to adopt a resolution for
 1967  electronic voting for the next scheduled election, the board
 1968  must hold a meeting within 21 days after receipt of the petition
 1969  to adopt such resolution. The board must receive the petition
 1970  within 180 days after the date of the last scheduled annual
 1971  meeting.
 1972         (7)(a)Unless the association has adopted electronic voting
 1973  in accordance with subsections (1)-(6), the association must
 1974  designate an e-mail address for receipt of electronically
 1975  transmitted ballots. Electronically transmitted ballots must
 1976  meet all the requirements of this subsection.
 1977         (b)A unit owner may electronically transmit a ballot to
 1978  the e-mail address designated by the association without
 1979  complying with s. 718.112(2)(d)4. or the rules providing for the
 1980  secrecy of ballots adopted by the division. The association must
 1981  count completed ballots that are electronically transmitted to
 1982  the designated e-mail address, provided the completed ballots
 1983  comply with the requirements of this subsection.
 1984         (c)A ballot that is electronically transmitted to the
 1985  association must include all of the following:
 1986         1.A space for the unit owner to type in his or her unit
 1987  number.
 1988         2.A space for the unit owner to type in his or her first
 1989  and last name, which also functions as the signature of the unit
 1990  owner for purposes of signing the ballot.
 1991         3.The following statement in capitalized letters and in a
 1992  font size larger than any other font size used in the e-mail
 1993  from the association to the unit owner:
 1994  
 1995         WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU
 1996         DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN
 1997         ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT
 1998         THROUGH E-MAIL TO THE ASSOCIATION, YOU WAIVE THE
 1999         SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH
 2000         TO WAIVE YOUR SECRECY BUT WISH TO PARTICIPATE IN THE
 2001         VOTE THAT IS THE SUBJECT OF THIS BALLOT, PLEASE ATTEND
 2002         THE IN-PERSON MEETING DURING WHICH THE MATTER WILL BE
 2003         VOTED ON.
 2004  
 2005         (d)A unit owner must transmit his or her completed ballot
 2006  to the e-mail address designated by the association no later
 2007  than the scheduled date and time of the meeting during which the
 2008  matter is being voted on.
 2009         (e)There is a rebuttable presumption that an association
 2010  has reviewed all folders associated with the e-mail address
 2011  designated by the association to receive ballots if a board
 2012  member, an officer, or an agent of the association, or a manager
 2013  licensed under part VIII of chapter 468, provides a sworn
 2014  affidavit attesting to such review.
 2015         Section 12. Subsection (7) of section 718.203, Florida
 2016  Statutes, is amended to read:
 2017         718.203 Warranties.—
 2018         (7) Residential Condominiums may be covered by an insured
 2019  warranty program underwritten by a licensed insurance company
 2020  registered in this state, provided that such warranty program
 2021  meets the minimum requirements of this chapter; to the degree
 2022  that such warranty program does not meet the minimum
 2023  requirements of this chapter, such requirements shall apply.
 2024         Section 13. Subsection (1) of section 718.301, Florida
 2025  Statutes, is amended to read:
 2026         718.301 Transfer of association control; claims of defect
 2027  by association.—
 2028         (1) If unit owners other than the developer own 15 percent
 2029  or more of the units in a condominium that will be operated
 2030  ultimately by an association, the unit owners other than the
 2031  developer are entitled to elect at least one-third of the
 2032  members of the board of administration of the association. Unit
 2033  owners other than the developer are entitled to elect at least a
 2034  majority of the members of the board of administration of an
 2035  association, upon the first to occur of any of the following
 2036  events:
 2037         (a) Three years after 50 percent of the units that will be
 2038  operated ultimately by the association have been conveyed to
 2039  purchasers;
 2040         (b) Three months after 90 percent of the units that will be
 2041  operated ultimately by the association have been conveyed to
 2042  purchasers;
 2043         (c) When all the units that will be operated ultimately by
 2044  the association have been completed, some of them have been
 2045  conveyed to purchasers, and none of the others are being offered
 2046  for sale by the developer in the ordinary course of business;
 2047         (d) When some of the units have been conveyed to purchasers
 2048  and none of the others are being constructed or offered for sale
 2049  by the developer in the ordinary course of business;
 2050         (e) When the developer files a petition seeking protection
 2051  in bankruptcy;
 2052         (f) When a receiver for the developer is appointed by a
 2053  circuit court and is not discharged within 30 days after such
 2054  appointment, unless the court determines within 30 days after
 2055  appointment of the receiver that transfer of control would be
 2056  detrimental to the association or its members; or
 2057         (g) Seven years after the date of the recording of the
 2058  certificate of a surveyor and mapper pursuant to s.
 2059  718.104(4)(e) or the recording of an instrument that transfers
 2060  title to a unit in the condominium which is not accompanied by a
 2061  recorded assignment of developer rights in favor of the grantee
 2062  of such unit, whichever occurs first; or, in the case of an
 2063  association that may ultimately operate more than one
 2064  condominium, 7 years after the date of the recording of the
 2065  certificate of a surveyor and mapper pursuant to s.
 2066  718.104(4)(e) or the recording of an instrument that transfers
 2067  title to a unit which is not accompanied by a recorded
 2068  assignment of developer rights in favor of the grantee of such
 2069  unit, whichever occurs first, for the first condominium it
 2070  operates; or, in the case of an association operating a phase
 2071  condominium created pursuant to s. 718.403, 7 years after the
 2072  date of the recording of the certificate of a surveyor and
 2073  mapper pursuant to s. 718.104(4)(e) or the recording of an
 2074  instrument that transfers title to a unit which is not
 2075  accompanied by a recorded assignment of developer rights in
 2076  favor of the grantee of such unit, whichever occurs first.
 2077  
 2078  The developer is entitled to elect at least one member of the
 2079  board of administration of an association as long as the
 2080  developer holds for sale in the ordinary course of business at
 2081  least 5 percent, in condominiums with fewer than 500 units, and
 2082  2 percent, in condominiums with more than 500 units, of the
 2083  units in a condominium operated by the association. After the
 2084  developer relinquishes control of the association, the developer
 2085  may exercise the right to vote any developer-owned units in the
 2086  same manner as any other unit owner except for purposes of
 2087  reacquiring control of the association or selecting the majority
 2088  members of the board of administration. Beginning July 1, 2025,
 2089  paragraphs (a), (c), (d), and (g) do not apply to nonresidential
 2090  condominiums consisting of 10 or fewer units.
 2091         Section 14. Subsection (1) of section 718.302, Florida
 2092  Statutes, is amended to read:
 2093         718.302 Agreements entered into by the association.—
 2094         (1) Any grant or reservation made by a declaration, lease,
 2095  or other document, and any contract made by an association
 2096  before prior to assumption of control of the association by unit
 2097  owners other than the developer, that provides for operation,
 2098  maintenance, or management of a condominium association or
 2099  property serving the unit owners of a condominium shall be fair
 2100  and reasonable, and such grant, reservation, or contract may be
 2101  canceled by unit owners other than the developer:
 2102         (a) If the association operates only one condominium and
 2103  the unit owners other than the developer have assumed control of
 2104  the association, or if unit owners other than the developer own
 2105  at least not less than 75 percent of the voting interests in the
 2106  condominium or own at least 90 percent of the voting interests
 2107  if the condominium is a nonresidential condominium consisting of
 2108  10 or fewer units, the cancellation must shall be by concurrence
 2109  of the owners of at least not less than 75 percent of the voting
 2110  interests other than the voting interests owned by the
 2111  developer. If a grant, reservation, or contract is so canceled
 2112  and the unit owners other than the developer have not assumed
 2113  control of the association, the association must shall make a
 2114  new contract or otherwise provide for maintenance, management,
 2115  or operation in lieu of the canceled obligation, at the
 2116  direction of the owners of not less than a majority of the
 2117  voting interests in the condominium other than the voting
 2118  interests owned by the developer.
 2119         (b) If the association operates more than one condominium
 2120  and the unit owners other than the developer have not assumed
 2121  control of the association, and if unit owners other than the
 2122  developer own at least 75 percent of the voting interests in the
 2123  condominiums a condominium operated by the association or,
 2124  beginning July 1, 2025, own at least 90 percent of the voting
 2125  interests if the condominium is a nonresidential condominium
 2126  consisting of 10 or fewer units, any grant, reservation, or
 2127  contract for maintenance, management, or operation of buildings
 2128  containing the units in that condominium or of improvements used
 2129  only by unit owners of that condominium may be canceled by
 2130  concurrence of the owners of at least 75 percent, or the owners
 2131  of at least 90 percent if the condominium is a nonresidential
 2132  condominium consisting of 10 or fewer units, of the voting
 2133  interests in the condominium other than the voting interests
 2134  owned by the developer. A No grant, reservation, or contract for
 2135  maintenance, management, or operation of recreational areas or
 2136  any other property serving more than one condominium, and
 2137  operated by more than one association, may not be canceled
 2138  except pursuant to paragraph (d).
 2139         (c) If the association operates more than one condominium
 2140  and the unit owners other than the developer have assumed
 2141  control of the association, the cancellation shall be by
 2142  concurrence of the owners of not less than 75 percent of the
 2143  total number of voting interests in all condominiums operated by
 2144  the association other than the voting interests owned by the
 2145  developer.
 2146         (d) If the owners of units in a condominium have the right
 2147  to use property in common with owners of units in other
 2148  condominiums and those condominiums are operated by more than
 2149  one association, no grant, reservation, or contract for
 2150  maintenance, management, or operation of the property serving
 2151  more than one condominium may be canceled until unit owners
 2152  other than the developer have assumed control of all of the
 2153  associations operating the condominiums that are to be served by
 2154  the recreational area or other property, after which
 2155  cancellation may be effected by concurrence of the owners of not
 2156  less than 75 percent of the total number of voting interests in
 2157  those condominiums other than voting interests owned by the
 2158  developer.
 2159         Section 15. Subsection (4) of section 718.407, Florida
 2160  Statutes, is amended to read:
 2161         718.407 Condominiums created within a portion of a building
 2162  or within a multiple parcel building.—
 2163         (4)(a) The association of a condominium subject to this
 2164  section may inspect and copy the books and records upon which
 2165  the costs for maintaining and operating the shared facilities
 2166  are based, and must to receive an annual budget with respect to
 2167  such costs.
 2168         (b)Within 60 days after the end of each fiscal year, the
 2169  owner of a portion of a building that is not subject to the
 2170  condominium form of ownership shall provide to the association a
 2171  complete financial report of all costs for maintaining and
 2172  operating the shared facilities. Such report must include copies
 2173  of all receipts and invoices. If such owner fails to provide the
 2174  report and copies of the receipts and invoices to the
 2175  condominium association within the 60-day period, the division
 2176  may impose penalties and otherwise enforce and ensure compliance
 2177  with this subsection.
 2178         (c)Within 60 days after receipt of the complete financial
 2179  report, the association may challenge any apportionment of costs
 2180  for the maintenance and operation of the shared facilities. A
 2181  challenge under this paragraph is governed by s. 720.311.
 2182         Section 16. Subsections (1) and (3) of section 718.501,
 2183  Florida Statutes, are amended, and paragraph (d) is added to
 2184  subsection (2) of that section, to read:
 2185         718.501 Authority, responsibility, and duties of Division
 2186  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2187         (1) The division may enforce and ensure compliance with
 2188  this chapter and rules relating to the development,
 2189  construction, sale, lease, ownership, operation, and management
 2190  of residential condominium units and complaints related to the
 2191  procedural completion of milestone inspections under s. 553.899.
 2192  In performing its duties, the division has complete jurisdiction
 2193  to investigate complaints and enforce compliance with respect to
 2194  associations that are still under developer control or the
 2195  control of a bulk assignee or bulk buyer pursuant to part VII of
 2196  this chapter and complaints against developers, bulk assignees,
 2197  or bulk buyers involving improper turnover or failure to
 2198  turnover, pursuant to s. 718.301. However, after turnover has
 2199  occurred, the division has jurisdiction to review records and
 2200  investigate complaints related only to:
 2201         (a)1. Procedural aspects and records relating to financial
 2202  issues, including annual financial reporting under s.
 2203  718.111(13); assessments for common expenses, fines, and
 2204  commingling of reserve and operating funds under s. 718.111(14);
 2205  use of debit cards for unintended purposes under s. 718.111(15);
 2206  the annual operating budget and the allocation of reserve funds
 2207  under s. 718.112(2)(f); financial records under s.
 2208  718.111(12)(a)11.; and any other record necessary to determine
 2209  the revenues and expenses of the association.
 2210         2. Elections, including election and voting requirements
 2211  under s. 718.112(2)(b) and (d), recall of board members under s.
 2212  718.112(2)(l), electronic voting under s. 718.128, and elections
 2213  that occur during an emergency under s. 718.1265(1)(a).
 2214         3. The maintenance of and unit owner access to association
 2215  records under s. 718.111(12).
 2216         4. The procedural aspects of meetings, including unit owner
 2217  meetings, quorums, voting requirements, proxies, board of
 2218  administration meetings, and budget meetings under s.
 2219  718.112(2).
 2220         5. The disclosure of conflicts of interest under ss.
 2221  718.111(1)(a) and 718.3027, including limitations contained in
 2222  s. 718.111(3)(f).
 2223         6. The removal of a board director or officer under ss.
 2224  718.111(1)(a) and (15) and 718.112(2)(p) and (q).
 2225         7. The procedural completion of structural integrity
 2226  reserve studies under s. 718.112(2)(g) and the milestone
 2227  inspections under s. 553.899.
 2228         8.Completion of repairs required by a milestone inspection
 2229  under s. 553.899.
 2230         9.8. Any written inquiries by unit owners to the
 2231  association relating to such matters, including written
 2232  inquiries under s. 718.112(2)(a)2.
 2233         10.The requirement for associations to maintain an
 2234  insurance policy or fidelity bonding for all persons who control
 2235  or disperse funds of the association under s. 718.111(11)(h).
 2236         11.Board member education requirements under s.
 2237  718.112(2)(d)5.b.
 2238         12.Reporting requirements for structural integrity reserve
 2239  studies under subsection (3) and under s. 718.112(2)(g)12.
 2240         (b)1. The division may make necessary public or private
 2241  investigations within or outside this state to determine whether
 2242  any person has violated this chapter or any rule or order
 2243  hereunder, to aid in the enforcement of this chapter, or to aid
 2244  in the adoption of rules or forms.
 2245         2. The division may submit any official written report,
 2246  worksheet, or other related paper, or a duly certified copy
 2247  thereof, compiled, prepared, drafted, or otherwise made by and
 2248  duly authenticated by a financial examiner or analyst to be
 2249  admitted as competent evidence in any hearing in which the
 2250  financial examiner or analyst is available for cross-examination
 2251  and attests under oath that such documents were prepared as a
 2252  result of an examination or inspection conducted pursuant to
 2253  this chapter.
 2254         (c) The division may require or permit any person to file a
 2255  statement in writing, under oath or otherwise, as the division
 2256  determines, as to the facts and circumstances concerning a
 2257  matter to be investigated.
 2258         (d) For the purpose of any investigation under this
 2259  chapter, the division director or any officer or employee
 2260  designated by the division director may administer oaths or
 2261  affirmations, subpoena witnesses and compel their attendance,
 2262  take evidence, and require the production of any matter which is
 2263  relevant to the investigation, including the existence,
 2264  description, nature, custody, condition, and location of any
 2265  books, documents, or other tangible things and the identity and
 2266  location of persons having knowledge of relevant facts or any
 2267  other matter reasonably calculated to lead to the discovery of
 2268  material evidence. Upon the failure by a person to obey a
 2269  subpoena or to answer questions propounded by the investigating
 2270  officer and upon reasonable notice to all affected persons, the
 2271  division may apply to the circuit court for an order compelling
 2272  compliance.
 2273         (e) Notwithstanding any remedies available to unit owners
 2274  and associations, if the division has reasonable cause to
 2275  believe that a violation of any provision of this chapter or
 2276  related rule has occurred, the division may institute
 2277  enforcement proceedings in its own name against any developer,
 2278  bulk assignee, bulk buyer, association, officer, or member of
 2279  the board of administration, or its assignees or agents, as
 2280  follows:
 2281         1. The division may permit a person whose conduct or
 2282  actions may be under investigation to waive formal proceedings
 2283  and enter into a consent proceeding whereby orders, rules, or
 2284  letters of censure or warning, whether formal or informal, may
 2285  be entered against the person.
 2286         2. The division may issue an order requiring the developer,
 2287  bulk assignee, bulk buyer, association, developer-designated
 2288  officer, or developer-designated member of the board of
 2289  administration, developer-designated assignees or agents, bulk
 2290  assignee-designated assignees or agents, bulk buyer-designated
 2291  assignees or agents, community association manager, or community
 2292  association management firm to cease and desist from the
 2293  unlawful practice and take such affirmative action as in the
 2294  judgment of the division carry out the purposes of this chapter.
 2295  If the division finds that a developer, bulk assignee, bulk
 2296  buyer, association, officer, or member of the board of
 2297  administration, or its assignees or agents, is violating or is
 2298  about to violate any provision of this chapter, any rule adopted
 2299  or order issued by the division, or any written agreement
 2300  entered into with the division, and presents an immediate danger
 2301  to the public requiring an immediate final order, it may issue
 2302  an emergency cease and desist order reciting with particularity
 2303  the facts underlying such findings. The emergency cease and
 2304  desist order is effective for 90 days. If the division begins
 2305  nonemergency cease and desist proceedings, the emergency cease
 2306  and desist order remains effective until the conclusion of the
 2307  proceedings under ss. 120.569 and 120.57.
 2308         3. If a developer, bulk assignee, or bulk buyer fails to
 2309  pay any restitution determined by the division to be owed, plus
 2310  any accrued interest at the highest rate permitted by law,
 2311  within 30 days after expiration of any appellate time period of
 2312  a final order requiring payment of restitution or the conclusion
 2313  of any appeal thereof, whichever is later, the division must
 2314  bring an action in circuit or county court on behalf of any
 2315  association, class of unit owners, lessees, or purchasers for
 2316  restitution, declaratory relief, injunctive relief, or any other
 2317  available remedy. The division may also temporarily revoke its
 2318  acceptance of the filing for the developer to which the
 2319  restitution relates until payment of restitution is made.
 2320         4. The division may petition the court for appointment of a
 2321  receiver or conservator. If appointed, the receiver or
 2322  conservator may take action to implement the court order to
 2323  ensure the performance of the order and to remedy any breach
 2324  thereof. In addition to all other means provided by law for the
 2325  enforcement of an injunction or temporary restraining order, the
 2326  circuit court may impound or sequester the property of a party
 2327  defendant, including books, papers, documents, and related
 2328  records, and allow the examination and use of the property by
 2329  the division and a court-appointed receiver or conservator.
 2330         5. The division may apply to the circuit court for an order
 2331  of restitution whereby the defendant in an action brought under
 2332  subparagraph 4. is ordered to make restitution of those sums
 2333  shown by the division to have been obtained by the defendant in
 2334  violation of this chapter. At the option of the court, such
 2335  restitution is payable to the conservator or receiver appointed
 2336  under subparagraph 4. or directly to the persons whose funds or
 2337  assets were obtained in violation of this chapter.
 2338         6. The division may impose a civil penalty against a
 2339  developer, bulk assignee, or bulk buyer, or association, or its
 2340  assignee or agent, for any violation of this chapter or related
 2341  rule. The division may impose a civil penalty individually
 2342  against an officer or board member who willfully and knowingly
 2343  violates this chapter, an adopted rule, or a final order of the
 2344  division; may order the removal of such individual as an officer
 2345  or from the board of administration or as an officer of the
 2346  association; and may prohibit such individual from serving as an
 2347  officer or on the board of a community association for a period
 2348  of time. The term “willfully and knowingly” means that the
 2349  division informed the officer or board member that his or her
 2350  action or intended action violates this chapter, a rule adopted
 2351  under this chapter, or a final order of the division and that
 2352  the officer or board member refused to comply with the
 2353  requirements of this chapter, a rule adopted under this chapter,
 2354  or a final order of the division. The division, before
 2355  initiating formal agency action under chapter 120, must afford
 2356  the officer or board member an opportunity to voluntarily
 2357  comply, and an officer or board member who complies within 10
 2358  days is not subject to a civil penalty. A penalty may be imposed
 2359  on the basis of each day of continuing violation, but the
 2360  penalty for any offense may not exceed $5,000. The division
 2361  shall adopt, by rule, penalty guidelines applicable to possible
 2362  violations or to categories of violations of this chapter or
 2363  rules adopted by the division. The guidelines must specify a
 2364  meaningful range of civil penalties for each such violation of
 2365  the statute and rules and must be based upon the harm caused by
 2366  the violation, upon the repetition of the violation, and upon
 2367  such other factors deemed relevant by the division. For example,
 2368  the division may consider whether the violations were committed
 2369  by a developer, bulk assignee, or bulk buyer, or owner
 2370  controlled association, the size of the association, and other
 2371  factors. The guidelines must designate the possible mitigating
 2372  or aggravating circumstances that justify a departure from the
 2373  range of penalties provided by the rules. It is the legislative
 2374  intent that minor violations be distinguished from those which
 2375  endanger the health, safety, or welfare of the condominium
 2376  residents or other persons and that such guidelines provide
 2377  reasonable and meaningful notice to the public of likely
 2378  penalties that may be imposed for proscribed conduct. This
 2379  subsection does not limit the ability of the division to
 2380  informally dispose of administrative actions or complaints by
 2381  stipulation, agreed settlement, or consent order. All amounts
 2382  collected shall be deposited with the Chief Financial Officer to
 2383  the credit of the Division of Florida Condominiums, Timeshares,
 2384  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2385  bulk buyer fails to pay the civil penalty and the amount deemed
 2386  to be owed to the association, the division shall issue an order
 2387  directing that such developer, bulk assignee, or bulk buyer
 2388  cease and desist from further operation until such time as the
 2389  civil penalty is paid or may pursue enforcement of the penalty
 2390  in a court of competent jurisdiction. If an association fails to
 2391  pay the civil penalty, the division shall pursue enforcement in
 2392  a court of competent jurisdiction, and the order imposing the
 2393  civil penalty or the cease and desist order is not effective
 2394  until 20 days after the date of such order. Any action commenced
 2395  by the division shall be brought in the county in which the
 2396  division has its executive offices or in the county in which the
 2397  violation occurred.
 2398         7. If a unit owner presents the division with proof that
 2399  the unit owner has requested access to official records in
 2400  writing by certified mail, and that after 10 days the unit owner
 2401  again made the same request for access to official records in
 2402  writing by certified mail, and that more than 10 days has
 2403  elapsed since the second request and the association has still
 2404  failed or refused to provide access to official records as
 2405  required by this chapter, the division shall issue a subpoena
 2406  requiring production of the requested records at the location in
 2407  which the records are kept pursuant to s. 718.112. Upon receipt
 2408  of the records, the division must provide to the unit owner who
 2409  was denied access to such records the produced official records
 2410  without charge.
 2411         8. In addition to subparagraph 6., the division may seek
 2412  the imposition of a civil penalty through the circuit court for
 2413  any violation for which the division may issue a notice to show
 2414  cause under paragraph (t). The civil penalty shall be at least
 2415  $500 but no more than $5,000 for each violation. The court may
 2416  also award to the prevailing party court costs and reasonable
 2417  attorney fees and, if the division prevails, may also award
 2418  reasonable costs of investigation.
 2419         9. The division may issue citations and promulgate rules to
 2420  provide for citation bases and citation procedures in accordance
 2421  with this paragraph.
 2422         (f) The division may prepare and disseminate a prospectus
 2423  and other information to assist prospective owners, purchasers,
 2424  lessees, and developers of residential condominiums in assessing
 2425  the rights, privileges, and duties pertaining thereto.
 2426         (g) The division may adopt rules to administer and enforce
 2427  this chapter.
 2428         (h) The division shall establish procedures for providing
 2429  notice to an association and the developer, bulk assignee, or
 2430  bulk buyer during the period in which the developer, bulk
 2431  assignee, or bulk buyer controls the association if the division
 2432  is considering the issuance of a declaratory statement with
 2433  respect to the declaration of condominium or any related
 2434  document governing such condominium community.
 2435         (i) The division shall furnish each association that pays
 2436  the fees required by paragraph (2)(a) a copy of this chapter, as
 2437  amended, and the rules adopted thereto on an annual basis.
 2438         (j) The division shall annually provide each association
 2439  with a summary of declaratory statements and formal legal
 2440  opinions relating to the operations of condominiums which were
 2441  rendered by the division during the previous year.
 2442         (k) The division shall provide training and educational
 2443  programs for condominium association board members and unit
 2444  owners. The training may, in the division’s discretion, include
 2445  web-based electronic media and live training and seminars in
 2446  various locations throughout the state. The division may review
 2447  and approve education and training programs for board members
 2448  and unit owners offered by providers and shall maintain a
 2449  current list of approved programs and providers and make such
 2450  list available to board members and unit owners in a reasonable
 2451  and cost-effective manner. The division shall provide the
 2452  division-approved provider with the template certificate for
 2453  issuance directly to the association’s board of directors who
 2454  have satisfactorily completed the requirements under s.
 2455  718.112(2)(d). The division shall adopt rules to implement this
 2456  section.
 2457         (l) The division shall maintain a toll-free telephone
 2458  number accessible to condominium unit owners.
 2459         (m) The division shall develop a program to certify both
 2460  volunteer and paid mediators to provide mediation of condominium
 2461  disputes. The division shall provide, upon request, a list of
 2462  such mediators to any association, unit owner, or other
 2463  participant in alternative dispute resolution proceedings under
 2464  s. 718.1255 requesting a copy of the list. The division shall
 2465  include on the list of volunteer mediators only the names of
 2466  persons who have received at least 20 hours of training in
 2467  mediation techniques or who have mediated at least 20 disputes.
 2468  In order to become initially certified by the division, paid
 2469  mediators must be certified by the Supreme Court to mediate
 2470  court cases in county or circuit courts. However, the division
 2471  may adopt, by rule, additional factors for the certification of
 2472  paid mediators, which must be related to experience, education,
 2473  or background. Any person initially certified as a paid mediator
 2474  by the division must, in order to continue to be certified,
 2475  comply with the factors or requirements adopted by rule.
 2476         (n) If a complaint is made, the division must conduct its
 2477  inquiry with due regard for the interests of the affected
 2478  parties. Within 30 days after receipt of a complaint, the
 2479  division shall acknowledge the complaint in writing and notify
 2480  the complainant whether the complaint is within the jurisdiction
 2481  of the division and whether additional information is needed by
 2482  the division from the complainant. The  division shall conduct
 2483  its investigation and, within 90 days after receipt of the
 2484  original complaint or of timely requested additional
 2485  information, take action upon the complaint. However, the
 2486  failure to complete the investigation within 90 days does not
 2487  prevent the division from continuing the investigation,
 2488  accepting or considering evidence obtained or received after 90
 2489  days, or taking administrative action if reasonable cause exists
 2490  to believe that a violation of this chapter or a rule has
 2491  occurred. If an investigation is not completed within the time
 2492  limits established in this paragraph, the division shall, on a
 2493  monthly basis, notify the complainant in writing of the status
 2494  of the investigation. When reporting its action to the
 2495  complainant, the division shall inform the complainant of any
 2496  right to a hearing under ss. 120.569 and 120.57. The division
 2497  may adopt rules regarding the submission of a complaint against
 2498  an association.
 2499         (o) Condominium association directors, officers, and
 2500  employees; condominium developers; bulk assignees, bulk buyers,
 2501  and community association managers; and community association
 2502  management firms have an ongoing duty to reasonably cooperate
 2503  with the division in any investigation under this section. The
 2504  division shall refer to local law enforcement authorities any
 2505  person whom the division believes has altered, destroyed,
 2506  concealed, or removed any record, document, or thing required to
 2507  be kept or maintained by this chapter with the purpose to impair
 2508  its verity or availability in the department’s investigation.
 2509  The division shall refer to local law enforcement authorities
 2510  any person whom the division believes has engaged in fraud,
 2511  theft, embezzlement, or other criminal activity or when the
 2512  division has cause to believe that fraud, theft, embezzlement,
 2513  or other criminal activity has occurred.
 2514         (p) The division director or any officer or employee of the
 2515  division and the condominium ombudsman or any employee of the
 2516  Office of the Condominium Ombudsman may attend and observe any
 2517  meeting of the board of administration or any unit owner
 2518  meeting, including any meeting of a subcommittee or special
 2519  committee, which is open to members of the association for the
 2520  purpose of performing the duties of the division or the Office
 2521  of the Condominium Ombudsman under this chapter.
 2522         (q) The division may:
 2523         1. Contract with agencies in this state or other
 2524  jurisdictions to perform investigative functions; or
 2525         2. Accept grants-in-aid from any source.
 2526         (r) The division shall cooperate with similar agencies in
 2527  other jurisdictions to establish uniform filing procedures and
 2528  forms, public offering statements, advertising standards, and
 2529  rules and common administrative practices.
 2530         (s) The division shall consider notice to a developer, bulk
 2531  assignee, or bulk buyer to be complete when it is delivered to
 2532  the address of the developer, bulk assignee, or bulk buyer
 2533  currently on file with the division.
 2534         (t) In addition to its enforcement authority, the division
 2535  may issue a notice to show cause, which must provide for a
 2536  hearing, upon written request, in accordance with chapter 120.
 2537         (u) If the division receives a complaint regarding access
 2538  to official records on the association’s website or through an
 2539  application that can be downloaded on a mobile device under s.
 2540  718.111(12)(g), the division may request access to the
 2541  association’s website or application and investigate. The
 2542  division may adopt rules to carry out this paragraph.
 2543         (v) The division shall submit to the Governor, the
 2544  President of the Senate, the Speaker of the House of
 2545  Representatives, and the chairs of the legislative
 2546  appropriations committees an annual report that includes, but
 2547  need not be limited to, the number of training programs provided
 2548  for condominium association board members and unit owners, the
 2549  number of complaints received by type, the number and percent of
 2550  complaints acknowledged in writing within 30 days and the number
 2551  and percent of investigations acted upon within 90 days in
 2552  accordance with paragraph (n), and the number of investigations
 2553  exceeding the 90-day requirement. The annual report must also
 2554  include an evaluation of the division’s core business processes
 2555  and make recommendations for improvements, including statutory
 2556  changes. After December 31, 2024, the division must include a
 2557  list of the associations that have completed the structural
 2558  integrity reserve study required under s. 718.112(2)(g). The
 2559  report shall be submitted by September 30 following the end of
 2560  the fiscal year.
 2561         (2)
 2562         (d)Each condominium association must create and maintain
 2563  an online account with the division, as required in subsection
 2564  (3).
 2565         (3) On or before October 1, 2025, all condominium
 2566  associations must create and maintain an online account with the
 2567  division and provide information requested by the division in an
 2568  electronic format determined by the division. The division shall
 2569  adopt rules to implement this subsection. The division may
 2570  require condominium associations to provide such information no
 2571  more than once per year, except that the division may require
 2572  condominium associations to update the contact information in
 2573  paragraph (a) within 30 days after any change. The division
 2574  shall provide a condominium association at least a 45-day notice
 2575  of any requirement to provide any information after the
 2576  condominium association initially creates an online account. The
 2577  information that the division may require from condominium
 2578  associations is limited to:
 2579         (a)Contact information for the association that includes:
 2580         1.Name of the association.
 2581         2. The physical address of the condominium property.
 2582         3.Mailing address and county of the association.
 2583         4.E-mail address and telephone number for the association.
 2584         5.Name and board title for each member of the
 2585  association’s board.
 2586         6.Name and contact information of the association’s
 2587  community association manager or community association
 2588  management firm, if applicable.
 2589         7.The hyperlink or website address of the association’s
 2590  website, if applicable.
 2591         (b)Total number of buildings and for each building in the
 2592  association:
 2593         1.Total number of stories, including both habitable and
 2594  uninhabitable stories.
 2595         2.Total number of units.
 2596         3.Age of each building based on the certificate of
 2597  occupancy.
 2598         4.Any construction commenced within the common elements
 2599  within the calendar year.
 2600         (c)The association’s assessments, including the:
 2601         1.Amount of assessment or special assessment by unit type,
 2602  including reserves.
 2603         2.Purpose of the assessment or special assessment.
 2604         3.Name of the financial institution or institutions with
 2605  which the association maintains accounts.
 2606         (d)A copy of any structural integrity reserve study and
 2607  any associated materials requested by the department within 5
 2608  business days after such request, in a manner prescribed by the
 2609  department.
 2610         (a) On or before January 1, 2023, condominium associations
 2611  existing on or before July 1, 2022, must provide the following
 2612  information to the division in writing, by e-mail, United States
 2613  Postal Service, commercial delivery service, or hand delivery,
 2614  at a physical address or e-mail address provided by the division
 2615  and on a form posted on the division’s website:
 2616         1. The number of buildings on the condominium property that
 2617  are three stories or higher in height.
 2618         2. The total number of units in all such buildings.
 2619         3. The addresses of all such buildings.
 2620         4. The counties in which all such buildings are located.
 2621         (b) The division must compile a list of the number of
 2622  buildings on condominium property that are three stories or
 2623  higher in height, which is searchable by county, and must post
 2624  the list on the division’s website. This list must include all
 2625  of the following information:
 2626         1. The name of each association with buildings on the
 2627  condominium property that are three stories or higher in height.
 2628         2. The number of such buildings on each association’s
 2629  property.
 2630         3. The addresses of all such buildings.
 2631         4. The counties in which all such buildings are located.
 2632         (c) An association must provide an update in writing to the
 2633  division if there are any changes to the information in the list
 2634  under paragraph (b) within 6 months after the change.
 2635         Section 17. Paragraph (d) of subsection (1) and paragraphs
 2636  (d) and (e) of subsection (2) of section 718.503, Florida
 2637  Statutes, are amended to read:
 2638         718.503 Developer disclosure prior to sale; nondeveloper
 2639  unit owner disclosure prior to sale; voidability.—
 2640         (1) DEVELOPER DISCLOSURE.—
 2641         (d) Milestone inspection, turnover inspection report, or
 2642  structural integrity reserve study.—If the association is
 2643  required to have completed a milestone inspection as described
 2644  in s. 553.899, a turnover inspection report for a turnover
 2645  inspection performed on or after July 1, 2023, or a structural
 2646  integrity reserve study, and the association has not completed
 2647  the milestone inspection, the turnover inspection report, or the
 2648  structural integrity reserve study, each contract entered into
 2649  after December 31, 2024, for the sale of a residential unit
 2650  shall contain in conspicuous type a statement indicating that
 2651  the association is required to have a milestone inspection, a
 2652  turnover inspection report, or a structural integrity reserve
 2653  study and has not completed such inspection, report, or study,
 2654  as appropriate. If the association is not required to have a
 2655  milestone inspection as described in s. 553.899 or a structural
 2656  integrity reserve study, each contract entered into after
 2657  December 31, 2024, for the sale of a residential unit shall
 2658  contain in conspicuous type a statement indicating that the
 2659  association is not required to have a milestone inspection or a
 2660  structural integrity reserve study, as appropriate. If the
 2661  association has completed a milestone inspection as described in
 2662  s. 553.899, a turnover inspection report for a turnover
 2663  inspection performed on or after July 1, 2023, or a structural
 2664  integrity reserve study, each contract entered into after
 2665  December 31, 2024, for the sale of a residential unit shall
 2666  contain in conspicuous type:
 2667         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2668  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 2669  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2670  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2671  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2672  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2673  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2674  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2675  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 2676  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 2677  PRIOR TO EXECUTION OF THIS CONTRACT; and
 2678         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2679  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2680  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2681  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2682  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 2683  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2684  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2685  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2686  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2687  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2688  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2689  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 2690  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2691  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 2692  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2693  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 2694  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 2695  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 2696  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 2697  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 2698  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 2699  718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
 2700  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 2701  CLOSING.
 2702  
 2703  A contract that does not conform to the requirements of this
 2704  paragraph is voidable at the option of the purchaser before
 2705  prior to closing.
 2706         (2) NONDEVELOPER DISCLOSURE.—
 2707         (d) Each contract entered into after July 1, 1992, for the
 2708  resale of a residential unit must shall contain in conspicuous
 2709  type either:
 2710         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2711  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
 2712  OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
 2713  BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT
 2714  ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY
 2715  ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 7 3 DAYS,
 2716  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE PRIOR
 2717  TO EXECUTION OF THIS CONTRACT; or
 2718         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2719  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2720  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2721  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2722  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
 2723  OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF
 2724  THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL
 2725  STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND
 2726  ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
 2727  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2728  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 2729  3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2730  THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
 2731  BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
 2732  RECENT YEAR-END FINANCIAL STATEMENT AND ANNUAL BUDGET
 2733  INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT
 2734  IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT
 2735  SHALL TERMINATE AT CLOSING.
 2736  
 2737  A contract that does not conform to the requirements of this
 2738  paragraph is voidable at the option of the purchaser before
 2739  prior to closing.
 2740         (e) If the association is required to have completed a
 2741  milestone inspection as described in s. 553.899, a turnover
 2742  inspection report for a turnover inspection performed on or
 2743  after July 1, 2023, or a structural integrity reserve study, and
 2744  the association has not completed the milestone inspection, the
 2745  turnover inspection report, or the structural integrity reserve
 2746  study, each contract entered into after December 31, 2024, for
 2747  the sale of a residential unit shall contain in conspicuous type
 2748  a statement indicating that the association is required to have
 2749  a milestone inspection, a turnover inspection report, or a
 2750  structural integrity reserve study and has not completed such
 2751  inspection, report, or study, as appropriate. If the association
 2752  is not required to have a milestone inspection as described in
 2753  s. 553.899 or a structural integrity reserve study, each
 2754  contract entered into after December 31, 2024, for the sale of a
 2755  residential unit shall contain in conspicuous type a statement
 2756  indicating that the association is not required to have a
 2757  milestone inspection or a structural integrity reserve study, as
 2758  appropriate. If the association has completed a milestone
 2759  inspection as described in s. 553.899, a turnover inspection
 2760  report for a turnover inspection performed on or after July 1,
 2761  2023, or a structural integrity reserve study, each contract
 2762  entered into after December 31, 2024, for the resale of a
 2763  residential unit shall contain in conspicuous type:
 2764         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2765  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 2766  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2767  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2768  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2769  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2770  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2771  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2772  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 3
 2773  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 2774  PRIOR TO EXECUTION OF THIS CONTRACT; and
 2775         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2776  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2777  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2778  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2779  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 2780  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2781  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2782  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2783  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2784  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2785  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2786  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 2787  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2788  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 2789  3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2790  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 2791  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 2792  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 2793  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 2794  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 2795  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 2796  718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
 2797  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 2798  CLOSING.
 2799  
 2800  A contract that does not conform to the requirements of this
 2801  paragraph is voidable at the option of the purchaser before
 2802  prior to closing.
 2803         Section 18. Section 8 of chapter 2024-244, Laws of Florida,
 2804  is amended to read:
 2805         Section 8. Effective January 1, 2026, paragraph (g) of
 2806  subsection (12) of section 718.111, Florida Statutes, as amended
 2807  by this act, is amended to read:
 2808         718.111 The association.—
 2809         (12) OFFICIAL RECORDS.—
 2810         (g)1. An association managing a condominium with 25 or more
 2811  units which does not contain timeshare units shall post digital
 2812  copies of the documents specified in subparagraph 2. on its
 2813  website or make such documents available through an application
 2814  that can be downloaded on a mobile device. Unless a shorter
 2815  period is otherwise required, a document must be made available
 2816  on the association’s website or made available for download
 2817  through an application on a mobile device within 30 days after
 2818  the association receives or creates an official record specified
 2819  in subparagraph 2.
 2820         a. The association’s website or application must be:
 2821         (I) An independent website, application, or web portal
 2822  wholly owned and operated by the association; or
 2823         (II) A website, application, or web portal operated by a
 2824  third-party provider with whom the association owns, leases,
 2825  rents, or otherwise obtains the right to operate a web page,
 2826  subpage, web portal, collection of subpages or web portals, or
 2827  an application which is dedicated to the association’s
 2828  activities and on which required notices, records, and documents
 2829  may be posted or made available by the association.
 2830         b. The association’s website or application must be
 2831  accessible through the Internet and must contain a subpage, web
 2832  portal, or other protected electronic location that is
 2833  inaccessible to the general public and accessible only to unit
 2834  owners and employees of the association.
 2835         c. Upon a unit owner’s written request, the association
 2836  must provide the unit owner with a username and password and
 2837  access to the protected sections of the association’s website or
 2838  application which contain any notices, records, or documents
 2839  that must be electronically provided.
 2840         2. A current copy of the following documents must be posted
 2841  in digital format on the association’s website or application:
 2842         a. The recorded declaration of condominium of each
 2843  condominium operated by the association and each amendment to
 2844  each declaration.
 2845         b. The recorded bylaws of the association and each
 2846  amendment to the bylaws.
 2847         c. The articles of incorporation of the association, or
 2848  other documents creating the association, and each amendment to
 2849  the articles of incorporation or other documents. The copy
 2850  posted pursuant to this sub-subparagraph must be a copy of the
 2851  articles of incorporation filed with the Department of State.
 2852         d. The rules of the association.
 2853         e. The approved minutes of all board of administration
 2854  meetings over the preceding 12 months.
 2855         f. The video recording or a hyperlink to the video
 2856  recording for all meetings of the association, the board of
 2857  administration, any committee, and the unit owners which are
 2858  conducted by video conference over the preceding 12 months.
 2859         g. A list of all executory contracts or documents to which
 2860  the association is a party or under which the association or the
 2861  unit owners have an obligation or responsibility and, after
 2862  bidding for the related materials, equipment, or services has
 2863  closed, a list of bids received by the association within the
 2864  past year. Summaries of bids for materials, equipment, or
 2865  services which exceed $500 must be maintained on the website or
 2866  application for 1 year. In lieu of summaries, complete copies of
 2867  the bids may be posted.
 2868         h.f. The annual budget required by s. 718.112(2)(f) and any
 2869  proposed budget to be considered at the annual meeting.
 2870         i.g. The financial report required by subsection (13) and
 2871  any monthly income or expense statement to be considered at a
 2872  meeting.
 2873         j.h. The certification of each director required by s.
 2874  718.112(2)(d)4.b.
 2875         k.i. All contracts or transactions between the association
 2876  and any director, officer, corporation, firm, or association
 2877  that is not an affiliated condominium association or any other
 2878  entity in which an association director is also a director or
 2879  officer and financially interested.
 2880         l.j. Any contract or document regarding a conflict of
 2881  interest or possible conflict of interest as provided in ss.
 2882  468.4335, 468.436(2)(b)6., and 718.3027(3).
 2883         m.k. The notice of any unit owner meeting and the agenda
 2884  for the meeting, as required by s. 718.112(2)(d)3., no later
 2885  than 14 days before the meeting. The notice must be posted in
 2886  plain view on the front page of the website or application, or
 2887  on a separate subpage of the website or application labeled
 2888  “Notices” which is conspicuously visible and linked from the
 2889  front page. The association must also post on its website or
 2890  application any document to be considered and voted on by the
 2891  owners during the meeting or any document listed on the agenda
 2892  at least 7 days before the meeting at which the document or the
 2893  information within the document will be considered.
 2894         n.l. Notice of any board meeting, the agenda, and any other
 2895  document required for the meeting as required by s.
 2896  718.112(2)(c), which must be posted no later than the date
 2897  required for notice under s. 718.112(2)(c).
 2898         o.m. The inspection reports described in ss. 553.899 and
 2899  718.301(4)(p) and any other inspection report relating to a
 2900  structural or life safety inspection of condominium property.
 2901         p.n. The association’s most recent structural integrity
 2902  reserve study, if applicable.
 2903         q.o. Copies of all building permits issued for ongoing or
 2904  planned construction.
 2905         r. A copy of all affidavits required by this chapter.
 2906         3. The association shall ensure that the information and
 2907  records described in paragraph (c), which are not allowed to be
 2908  accessible to unit owners, are not posted on the association’s
 2909  website or application. If protected information or information
 2910  restricted from being accessible to unit owners is included in
 2911  documents that are required to be posted on the association’s
 2912  website or application, the association shall ensure the
 2913  information is redacted before posting the documents.
 2914  Notwithstanding the foregoing, the association or its agent is
 2915  not liable for disclosing information that is protected or
 2916  restricted under this paragraph unless such disclosure was made
 2917  with a knowing or intentional disregard of the protected or
 2918  restricted nature of such information.
 2919         4. The failure of the association to post information
 2920  required under subparagraph 2. is not in and of itself
 2921  sufficient to invalidate any action or decision of the
 2922  association’s board or its committees.
 2923         Section 19. Section 31 of chapter 2024-244, Laws of
 2924  Florida, is amended to read:
 2925         Section 31. The amendments made to ss. 718.103(14) and
 2926  718.202(3) and 718.407(1), (2), and (6), Florida Statutes, as
 2927  created by this act, may not are intended to clarify existing
 2928  law and shall apply retroactively and shall only apply to
 2929  condominiums for which declarations were initially recorded on
 2930  or after October 1, 2024. However, such amendments do not revive
 2931  or reinstate any right or interest that has been fully and
 2932  finally adjudicated as invalid before October 1, 2024.
 2933         Section 20. Subsection (13) is added to section 719.104,
 2934  Florida Statutes, to read:
 2935         719.104 Cooperatives; access to units; records; financial
 2936  reports; assessments; purchase of leases.—
 2937         (13) INVESTMENT OF ASSOCIATION FUNDS.—
 2938         (a) A board shall, in fulfilling its duty to manage
 2939  operating and reserve funds of its association, use best efforts
 2940  to make prudent investment decisions that carefully consider
 2941  risk and return in an effort to maximize returns on invested
 2942  funds.
 2943         (b) An association may invest reserve funds in one or any
 2944  combination of certificates of deposit or in depository accounts
 2945  at a community bank, savings bank, commercial bank, savings and
 2946  loan association, or credit union without a vote of the unit
 2947  owners.
 2948         Section 21. Paragraphs (j) and (k) of subsection (1) of
 2949  section 719.106, Florida Statutes, are amended to read:
 2950         719.106 Bylaws; cooperative ownership.—
 2951         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2952  documents shall provide for the following, and if they do not,
 2953  they shall be deemed to include the following:
 2954         (j) Annual budget.—
 2955         1. The proposed annual budget of common expenses must be
 2956  detailed and must show the amounts budgeted by accounts and
 2957  expense classifications, including, if applicable, but not
 2958  limited to, those expenses listed in s. 719.504(20). The board
 2959  of administration shall adopt the annual budget at least 14 days
 2960  before the start of the association’s fiscal year. In the event
 2961  that the board fails to timely adopt the annual budget a second
 2962  time, it is deemed a minor violation and the prior year’s budget
 2963  shall continue in effect until a new budget is adopted.
 2964         2.a. In addition to annual operating expenses, the budget
 2965  must include reserve accounts for capital expenditures and
 2966  deferred maintenance. These accounts must include, but not be
 2967  limited to, roof replacement, building painting, and pavement
 2968  resurfacing, regardless of the amount of deferred maintenance
 2969  expense or replacement cost, and for any other items for which
 2970  the deferred maintenance expense or replacement cost exceeds
 2971  $25,000 or the inflation-adjusted amount determined by the
 2972  division under subparagraph 6., whichever amount is greater
 2973  $10,000. The amount to be reserved must be computed by means of
 2974  a formula which is based upon estimated remaining useful life
 2975  and estimated replacement cost or deferred maintenance expense
 2976  of the reserve item. In a budget adopted by an association that
 2977  is required to obtain a structural integrity reserve study,
 2978  reserves must be maintained for the items identified in
 2979  paragraph (k) for which the association is responsible pursuant
 2980  to the declaration, and the reserve amount for such items must
 2981  be based on the findings and recommendations of the
 2982  association’s most recent structural integrity reserve study.
 2983  With respect to items for which an estimate of useful life is
 2984  not readily ascertainable or with an estimated remaining useful
 2985  life of greater than 25 years, an association is not required to
 2986  reserve replacement costs for such items, but an association
 2987  must reserve the amount of deferred maintenance expense, if any,
 2988  which is recommended by the structural integrity reserve study
 2989  for such items. The association may adjust replacement reserve
 2990  assessments annually to take into account an inflation
 2991  adjustment and any changes in estimates or extension of the
 2992  useful life of a reserve item caused by deferred maintenance.
 2993         b. The members of a unit-owner-controlled association may
 2994  determine, by a majority vote of the total voting interests of
 2995  the association, for a fiscal year to provide no reserves or
 2996  reserves less adequate than required by this subsection. Before
 2997  turnover of control of an association by a developer to unit
 2998  owners other than a developer under s. 719.301, the developer
 2999  controlled association may not vote to waive the reserves or
 3000  reduce funding of the reserves.
 3001         c. For a budget adopted on or after December 31, 2024, a
 3002  unit-owner-controlled association that must obtain a structural
 3003  integrity reserve study may not determine to provide no reserves
 3004  or reserves less adequate than required by this paragraph for
 3005  items listed in paragraph (k). If a meeting of the unit owners
 3006  has been called to determine to provide no reserves, or reserves
 3007  less adequate than required, and such result is not attained or
 3008  a quorum is not attained, the reserves as included in the budget
 3009  shall go into effect.
 3010         d. If the local building official as defined in s. 468.603,
 3011  determines that the entire cooperative building is uninhabitable
 3012  due to a natural emergency as defined in s. 252.34, the board
 3013  may pause the contribution to its reserves or reduce reserve
 3014  funding until the local building official determines that the
 3015  cooperative building is habitable. Any reserve account funds
 3016  held by the association may be expended, pursuant to the board’s
 3017  determination, to make the cooperative building and its
 3018  structures habitable. Upon the determination by the local
 3019  building official that the cooperative building is habitable,
 3020  the association must immediately resume contributing funds to
 3021  its reserves.
 3022         3.a.(I) Reserves for the items identified in paragraph (g)
 3023  may be funded by regular assessments, special assessments, lines
 3024  of credit, or loans. A special assessment, a line of credit, or
 3025  a loan under this sub-subparagraph requires the approval of a
 3026  majority vote of the total voting interests of the association.
 3027         (II) A unit-owner-controlled association that is required
 3028  to have a structural reserve study may secure a line of credit
 3029  or a loan to fund capital expenses required by a milestone
 3030  inspection under s. 553.899 or a structural integrity reserve
 3031  study. The lines of credit or loans must be sufficient to fund
 3032  the cumulative amount of any previously waived or unfunded
 3033  portion of the reserve funding amount required by this paragraph
 3034  and the most recent structural integrity reserve study. Funding
 3035  from the line of credit or loans must be immediately available
 3036  for access by the board to fund required repair, maintenance, or
 3037  replacement expenses without further approval by the members of
 3038  the association. A special assessment, a line of credit, or a
 3039  loan secured under this sub-subparagraph and related details
 3040  must be included in the annual financial statement required
 3041  under s. 719.104(4) to be delivered to unit owners and required
 3042  under s. 718.503 to be provided to prospective purchasers of a
 3043  unit.
 3044         b. For a budget adopted on or before December 31, 2028, if
 3045  the association has completed a milestone inspection pursuant to
 3046  s. 553.899 within the previous 2 calendar years, the board, upon
 3047  the approval of a majority of the total voting interests of the
 3048  association, may temporarily pause, for a period of no more than
 3049  two consecutive annual budgets, reserve fund contributions or
 3050  reduce the amount of reserve funding for the purpose of funding
 3051  repairs recommended by the milestone inspection. This sub
 3052  subparagraph does not apply to a developer-controlled
 3053  association and an association in which the nondeveloper unit
 3054  owners have been in control for less than 1 year. An association
 3055  that has paused reserve contributions under this sub
 3056  subparagraph must have a structural integrity reserve study
 3057  performed before the continuation of reserve contributions in
 3058  order to determine the association’s reserve funding needs and
 3059  to recommend a reserve funding plan.
 3060         4.3. Reserve funds and any interest accruing thereon shall
 3061  remain in the reserve account or accounts, and shall be used
 3062  only for authorized reserve expenditures unless their use for
 3063  other purposes is approved in advance by a vote of the majority
 3064  of the total voting interests of the association. Before
 3065  turnover of control of an association by a developer to unit
 3066  owners other than the developer under s. 719.301, the developer
 3067  may not vote to use reserves for purposes other than that for
 3068  which they were intended. For a budget adopted on or after
 3069  December 31, 2024, members of a unit-owner-controlled
 3070  association that must obtain a structural integrity reserve
 3071  study may not vote to use reserve funds, or any interest
 3072  accruing thereon, for purposes other than the replacement or
 3073  deferred maintenance costs of the components listed in paragraph
 3074  (k).
 3075         5.An association’s reserve accounts may be pooled for two
 3076  or more required components. Reserve funding for components
 3077  identified in paragraph (g) may only be pooled with other
 3078  components identified in paragraph (g). The reserve funding
 3079  indicated in the proposed annual budget must be sufficient to
 3080  ensure that available funds meet or exceed projected expenses
 3081  for all components in the reserve pool based on the reserve
 3082  funding plan or schedule of the most recent structural integrity
 3083  reserve study. A vote of the members is not required for the
 3084  board to change the accounting method for reserves to a pooling
 3085  accounting method or a straight-line accounting method.
 3086         6. The division shall annually adjust for inflation, based
 3087  on the Consumer Price Index for All Urban Consumers released in
 3088  January of each year, the minimum $25,000 threshold amount for
 3089  required reserves. By February 1, 2026, and annually thereafter,
 3090  the division must conspicuously post on its website the
 3091  inflation-adjusted minimum threshold amount for required
 3092  reserves.
 3093         (k) Structural integrity reserve study.—
 3094         1. A residential cooperative association must have a
 3095  structural integrity reserve study completed at least every 10
 3096  years for each building on the cooperative property that is
 3097  three stories or higher in height, as determined by the Florida
 3098  Building Code, that includes, at a minimum, a study of the
 3099  following items as related to the structural integrity and
 3100  safety of the building:
 3101         a. Roof.
 3102         b. Structure, including load-bearing walls and other
 3103  primary structural members and primary structural systems as
 3104  those terms are defined in s. 627.706.
 3105         c. Fireproofing and fire protection systems.
 3106         d. Plumbing.
 3107         e. Electrical systems.
 3108         f. Waterproofing and exterior painting.
 3109         g. Windows and exterior doors.
 3110         h. Any other item that has a deferred maintenance expense
 3111  or replacement cost that exceeds $25,000 or the inflation
 3112  adjusted amount determined by the division under subparagraph
 3113  (j)6., whichever is greater, $10,000 and the failure to replace
 3114  or maintain such item negatively affects the items listed in
 3115  sub-subparagraphs a.-g., as determined by the visual inspection
 3116  portion of the structural integrity reserve study.
 3117         2. A structural integrity reserve study is based on a
 3118  visual inspection of the cooperative property.
 3119         3.a. A structural integrity reserve study may be performed
 3120  by any person qualified to perform such study. However,
 3121  including the visual inspection portion of the structural
 3122  integrity reserve study, must be performed or verified by an
 3123  engineer licensed under chapter 471, an architect licensed under
 3124  chapter 481, or a person certified as a reserve specialist or
 3125  professional reserve analyst by the Community Associations
 3126  Institute or the Association of Professional Reserve Analysts.
 3127         b. Any design professional as defined in s. 558.002(7) or
 3128  contractor licensed under chapter 489 who bids to perform a
 3129  structural integrity reserve study must disclose in writing to
 3130  the association his or her intent to bid on any services related
 3131  to any maintenance, repair, or replacement that may be
 3132  recommended by the structural integrity reserve study. Any
 3133  design professional as defined in s. 558.002 or contractor
 3134  licensed under chapter 489 who submits a bid to the association
 3135  for performing any services recommended by the structural
 3136  integrity reserve study may not have an interest, directly or
 3137  indirectly, in the firm or entity providing the association’s
 3138  structural integrity reserve study or be a relative of any
 3139  person having a direct or indirect interest in such firm, unless
 3140  such relationship is disclosed to the association in writing. As
 3141  used in this section, the term “relative” means a relative
 3142  within the third degree of consanguinity by blood or marriage. A
 3143  contract for services is voidable and terminates upon the
 3144  association filing a written notice terminating the contract if
 3145  the design professional or licensed contractor failed to provide
 3146  the written disclosure of the relationship required under this
 3147  paragraph. A design professional or licensed contractor may be
 3148  subject to discipline under the applicable practice act for his
 3149  or her profession for failure to provide the written disclosure
 3150  of the relationship required under this subparagraph.
 3151         4.a.3. At a minimum, a structural integrity reserve study
 3152  must identify each item of the cooperative property being
 3153  visually inspected, state the estimated remaining useful life
 3154  and the estimated replacement cost or deferred maintenance
 3155  expense of each item of the cooperative property being visually
 3156  inspected, and provide a reserve funding schedule with a
 3157  recommended annual reserve amount that achieves the estimated
 3158  replacement cost or deferred maintenance expense of each item of
 3159  cooperative property being visually inspected by the end of the
 3160  estimated remaining useful life of the item. The structural
 3161  integrity reserve study may recommend that reserves do not need
 3162  to be maintained for any item for which an estimate of useful
 3163  life and an estimate of replacement cost cannot be determined,
 3164  or the study may recommend a deferred maintenance expense amount
 3165  for such item. At a minimum, the structural integrity reserve
 3166  study must include a recommendation for a reserve funding
 3167  schedule based on a baseline funding plan that provides a
 3168  reserve funding goal in which the reserve funding for each
 3169  budget year is sufficient to maintain the reserve cash balance
 3170  above zero. The study may recommend other types of reserve
 3171  funding schedules, provided that each recommended schedule is
 3172  sufficient to meet the association’s maintenance obligation.
 3173         b. The structural integrity reserve study may recommend
 3174  that reserves for replacement costs do not need to be maintained
 3175  for any item with an estimated remaining useful life of greater
 3176  than 25 years, but the study may recommend a deferred
 3177  maintenance expense amount for such item. If the structural
 3178  integrity reserve study recommends reserves for any item for
 3179  which reserves are not required under this paragraph, the amount
 3180  of the recommended reserves for such item must be separately
 3181  identified in the structural integrity reserve study as an item
 3182  for which reserves are not required under this paragraph.
 3183         c. The structural integrity reserve study must take into
 3184  consideration the funding method or methods used by the
 3185  association to fund its maintenance and reserve funding
 3186  obligations through regular assessments, special assessments,
 3187  lines of credit, or loans. If the structural integrity reserve
 3188  study is performed before the association has approved a special
 3189  assessment or secured a line of credit or a loan, the structural
 3190  integrity reserve study must be updated to reflect the funding
 3191  method selected by the association and its effect on the reserve
 3192  funding schedule, including any anticipated change in the amount
 3193  of regular assessments. The structural integrity reserve study
 3194  may be updated to reflect any changes to the useful life of the
 3195  reserve items after such items are repaired or replaced, and the
 3196  effect such repair or replacement will have on the reserve
 3197  funding schedule. The association must obtain an updated
 3198  structural integrity reserve study before adopting any budget in
 3199  which the reserve funding from regular assessments, special
 3200  assessments, lines of credit, or loans do not align with the
 3201  funding plan from the most recent version of the structural
 3202  integrity reserve study.
 3203         5.4. This paragraph does not apply to buildings less than
 3204  three stories in height; single-family, two-family, or three
 3205  family, or four-family dwellings with three or fewer habitable
 3206  stories above ground; any portion or component of a building
 3207  that has not been submitted to the cooperative form of
 3208  ownership; or any portion or component of a building that is
 3209  maintained by a party other than the association.
 3210         6.5. Before a developer turns over control of an
 3211  association to unit owners other than the developer, the
 3212  developer must have a turnover inspection report in compliance
 3213  with s. 719.301(4)(p) and (q) for each building on the
 3214  cooperative property that is three stories or higher in height.
 3215         7.6. Associations existing on or before July 1, 2022, which
 3216  are controlled by unit owners other than the developer, must
 3217  have a structural integrity reserve study completed by December
 3218  31, 2024, for each building on the cooperative property that is
 3219  three stories or higher in height. An association that is
 3220  required to complete a milestone inspection on or before
 3221  December 31, 2026, in accordance with s. 553.899 may complete
 3222  the structural integrity reserve study simultaneously with the
 3223  milestone inspection. In no event may the structural integrity
 3224  reserve study be completed after December 31, 2026.
 3225         8.7. If the milestone inspection required by s. 553.899, or
 3226  an inspection completed for a similar local requirement, was
 3227  performed within the past 5 years and meets the requirements of
 3228  this paragraph, such inspection may be used in place of the
 3229  visual inspection portion of the structural integrity reserve
 3230  study.
 3231         9. If the association completes a milestone inspection
 3232  required by s. 553.899, or an inspection completed for a similar
 3233  local requirement, the association may delay performance of a
 3234  required structural integrity reserve study for no more than the
 3235  2 consecutive budget years immediately following the milestone
 3236  inspection in order to allow the association to focus its
 3237  financial resources on completing the repair and maintenance
 3238  recommendations of the milestone inspection.
 3239         10.8. If the officers or directors of an association
 3240  willfully and knowingly fail to complete a structural integrity
 3241  reserve study pursuant to this paragraph, such failure is a
 3242  breach of an officer’s and director’s fiduciary relationship to
 3243  the unit owners under s. 719.104(9). An officer or a director of
 3244  the association must sign an affidavit acknowledging receipt of
 3245  the completed structural integrity reserve study.
 3246         11.9. Within 45 days after receiving the structural
 3247  integrity reserve study, the association must distribute a copy
 3248  of the study to each unit owner or deliver to each unit owner a
 3249  notice that the completed study is available for inspection and
 3250  copying upon a written request. Distribution of a copy of the
 3251  study or notice must be made by United States mail or personal
 3252  delivery at the mailing address, property address, or any other
 3253  address of the owner provided to fulfill the association’s
 3254  notice requirements under this chapter, or by electronic
 3255  transmission to the e-mail address or facsimile number provided
 3256  to fulfill the association’s notice requirements to unit owners
 3257  who previously consented to receive notice by electronic
 3258  transmission.
 3259         12.10. Within 45 days after receiving the structural
 3260  integrity reserve study, the association must provide the
 3261  division with a statement indicating that the study was
 3262  completed and that the association provided or made available
 3263  such study to each unit owner in accordance with this section.
 3264  Such statement must be provided to the division in the manner
 3265  established by the division using a form posted on the
 3266  division’s website.
 3267         13. The division shall adopt by rule the form for the
 3268  structural integrity reserve study in coordination with the
 3269  Florida Building Commission.
 3270         Section 22. Paragraph (i) of subsection (1) of section
 3271  719.128, Florida Statutes, is amended to read:
 3272         719.128 Association emergency powers.—
 3273         (1) To the extent allowed by law, unless specifically
 3274  prohibited by the cooperative documents, and consistent with s.
 3275  617.0830, the board of administration, in response to damage or
 3276  injury caused by or anticipated in connection with an emergency,
 3277  as defined in s. 252.34(4), for which a state of emergency is
 3278  declared pursuant to s. 252.36 in the area encompassed by the
 3279  cooperative, may exercise the following powers:
 3280         (i) Require the evacuation of the cooperative property in
 3281  the event of an a mandatory evacuation order in the area in
 3282  which where the cooperative is located or prohibit or restrict
 3283  access to the cooperative property in the event of a public
 3284  health threat. If a unit owner or other occupant of a
 3285  cooperative fails or refuses to evacuate the cooperative
 3286  property for which the board has required evacuation, the
 3287  association is immune from liability for injury to persons or
 3288  property arising from such failure or refusal.
 3289         Section 23. Subsection (3) of section 719.501, Florida
 3290  Statutes, is amended, paragraph (c) is added to subsection (2)
 3291  of that section, and subsection (1) of that section is
 3292  reenacted, to read:
 3293         719.501 Powers and duties of Division of Florida
 3294  Condominiums, Timeshares, and Mobile Homes.—
 3295         (1) The Division of Florida Condominiums, Timeshares, and
 3296  Mobile Homes of the Department of Business and Professional
 3297  Regulation, referred to as the “division” in this part, in
 3298  addition to other powers and duties prescribed by chapter 718,
 3299  has the power to enforce and ensure compliance with this chapter
 3300  and adopted rules relating to the development, construction,
 3301  sale, lease, ownership, operation, and management of residential
 3302  cooperative units; complaints related to the procedural
 3303  completion of the structural integrity reserve studies under s.
 3304  719.106(1)(k); and complaints related to the procedural
 3305  completion of milestone inspections under s. 553.899. In
 3306  performing its duties, the division shall have the following
 3307  powers and duties:
 3308         (a) The division may make necessary public or private
 3309  investigations within or outside this state to determine whether
 3310  any person has violated this chapter or any rule or order
 3311  hereunder, to aid in the enforcement of this chapter, or to aid
 3312  in the adoption of rules or forms hereunder.
 3313         (b) The division may require or permit any person to file a
 3314  statement in writing, under oath or otherwise, as the division
 3315  determines, as to the facts and circumstances concerning a
 3316  matter to be investigated.
 3317         (c) For the purpose of any investigation under this
 3318  chapter, the division director or any officer or employee
 3319  designated by the division director may administer oaths or
 3320  affirmations, subpoena witnesses and compel their attendance,
 3321  take evidence, and require the production of any matter which is
 3322  relevant to the investigation, including the existence,
 3323  description, nature, custody, condition, and location of any
 3324  books, documents, or other tangible things and the identity and
 3325  location of persons having knowledge of relevant facts or any
 3326  other matter reasonably calculated to lead to the discovery of
 3327  material evidence. Upon failure by a person to obey a subpoena
 3328  or to answer questions propounded by the investigating officer
 3329  and upon reasonable notice to all persons affected thereby, the
 3330  division may apply to the circuit court for an order compelling
 3331  compliance.
 3332         (d) Notwithstanding any remedies available to unit owners
 3333  and associations, if the division has reasonable cause to
 3334  believe that a violation of any provision of this chapter or
 3335  related rule has occurred, the division may institute
 3336  enforcement proceedings in its own name against a developer,
 3337  association, officer, or member of the board, or its assignees
 3338  or agents, as follows:
 3339         1. The division may permit a person whose conduct or
 3340  actions may be under investigation to waive formal proceedings
 3341  and enter into a consent proceeding whereby orders, rules, or
 3342  letters of censure or warning, whether formal or informal, may
 3343  be entered against the person.
 3344         2. The division may issue an order requiring the developer,
 3345  association, officer, or member of the board, or its assignees
 3346  or agents, to cease and desist from the unlawful practice and
 3347  take such affirmative action as in the judgment of the division
 3348  will carry out the purposes of this chapter. Such affirmative
 3349  action may include, but is not limited to, an order requiring a
 3350  developer to pay moneys determined to be owed to a condominium
 3351  association.
 3352         3. The division may bring an action in circuit court on
 3353  behalf of a class of unit owners, lessees, or purchasers for
 3354  declaratory relief, injunctive relief, or restitution.
 3355         4. The division may impose a civil penalty against a
 3356  developer or association, or its assignees or agents, for any
 3357  violation of this chapter or related rule. The division may
 3358  impose a civil penalty individually against any officer or board
 3359  member who willfully and knowingly violates a provision of this
 3360  chapter, a rule adopted pursuant to this chapter, or a final
 3361  order of the division. The term “willfully and knowingly” means
 3362  that the division informed the officer or board member that his
 3363  or her action or intended action violates this chapter, a rule
 3364  adopted under this chapter, or a final order of the division,
 3365  and that the officer or board member refused to comply with the
 3366  requirements of this chapter, a rule adopted under this chapter,
 3367  or a final order of the division. The division, prior to
 3368  initiating formal agency action under chapter 120, shall afford
 3369  the officer or board member an opportunity to voluntarily comply
 3370  with this chapter, a rule adopted under this chapter, or a final
 3371  order of the division. An officer or board member who complies
 3372  within 10 days is not subject to a civil penalty. A penalty may
 3373  be imposed on the basis of each day of continuing violation, but
 3374  in no event shall the penalty for any offense exceed $5,000. The
 3375  division shall adopt, by rule, penalty guidelines applicable to
 3376  possible violations or to categories of violations of this
 3377  chapter or rules adopted by the division. The guidelines must
 3378  specify a meaningful range of civil penalties for each such
 3379  violation of the statute and rules and must be based upon the
 3380  harm caused by the violation, upon the repetition of the
 3381  violation, and upon such other factors deemed relevant by the
 3382  division. For example, the division may consider whether the
 3383  violations were committed by a developer or owner-controlled
 3384  association, the size of the association, and other factors. The
 3385  guidelines must designate the possible mitigating or aggravating
 3386  circumstances that justify a departure from the range of
 3387  penalties provided by the rules. It is the legislative intent
 3388  that minor violations be distinguished from those which endanger
 3389  the health, safety, or welfare of the cooperative residents or
 3390  other persons and that such guidelines provide reasonable and
 3391  meaningful notice to the public of likely penalties that may be
 3392  imposed for proscribed conduct. This subsection does not limit
 3393  the ability of the division to informally dispose of
 3394  administrative actions or complaints by stipulation, agreed
 3395  settlement, or consent order. All amounts collected shall be
 3396  deposited with the Chief Financial Officer to the credit of the
 3397  Division of Florida Condominiums, Timeshares, and Mobile Homes
 3398  Trust Fund. If a developer fails to pay the civil penalty, the
 3399  division shall thereupon issue an order directing that such
 3400  developer cease and desist from further operation until such
 3401  time as the civil penalty is paid or may pursue enforcement of
 3402  the penalty in a court of competent jurisdiction. If an
 3403  association fails to pay the civil penalty, the division shall
 3404  thereupon pursue enforcement in a court of competent
 3405  jurisdiction, and the order imposing the civil penalty or the
 3406  cease and desist order shall not become effective until 20 days
 3407  after the date of such order. Any action commenced by the
 3408  division shall be brought in the county in which the division
 3409  has its executive offices or in the county where the violation
 3410  occurred.
 3411         (e) The division may prepare and disseminate a prospectus
 3412  and other information to assist prospective owners, purchasers,
 3413  lessees, and developers of residential cooperatives in assessing
 3414  the rights, privileges, and duties pertaining thereto.
 3415         (f) The division has authority to adopt rules pursuant to
 3416  ss. 120.536(1) and 120.54 to implement and enforce the
 3417  provisions of this chapter.
 3418         (g) The division shall establish procedures for providing
 3419  notice to an association when the division is considering the
 3420  issuance of a declaratory statement with respect to the
 3421  cooperative documents governing such cooperative community.
 3422         (h) The division shall furnish each association which pays
 3423  the fees required by paragraph (2)(a) a copy of this act,
 3424  subsequent changes to this act on an annual basis, an amended
 3425  version of this act as it becomes available from the Secretary
 3426  of State’s office on a biennial basis, and the rules adopted
 3427  thereto on an annual basis.
 3428         (i) The division shall annually provide each association
 3429  with a summary of declaratory statements and formal legal
 3430  opinions relating to the operations of cooperatives which were
 3431  rendered by the division during the previous year.
 3432         (j) The division shall adopt uniform accounting principles,
 3433  policies, and standards to be used by all associations in the
 3434  preparation and presentation of all financial statements
 3435  required by this chapter. The principles, policies, and
 3436  standards shall take into consideration the size of the
 3437  association and the total revenue collected by the association.
 3438         (k) The division shall provide training and educational
 3439  programs for cooperative association board members and unit
 3440  owners. The training may, in the division’s discretion, include
 3441  web-based electronic media and live training and seminars in
 3442  various locations throughout the state. The division may review
 3443  and approve education and training programs for board members
 3444  and unit owners offered by providers and shall maintain a
 3445  current list of approved programs and providers and make such
 3446  list available to board members and unit owners in a reasonable
 3447  and cost-effective manner.
 3448         (l) The division shall maintain a toll-free telephone
 3449  number accessible to cooperative unit owners.
 3450         (m) When a complaint is made to the division, the division
 3451  shall conduct its inquiry with reasonable dispatch and with due
 3452  regard to the interests of the affected parties. Within 30 days
 3453  after receipt of a complaint, the division shall acknowledge the
 3454  complaint in writing and notify the complainant whether the
 3455  complaint is within the jurisdiction of the division and whether
 3456  additional information is needed by the division from the
 3457  complainant. The division shall conduct its investigation and
 3458  shall, within 90 days after receipt of the original complaint or
 3459  timely requested additional information, take action upon the
 3460  complaint. However, the failure to complete the investigation
 3461  within 90 days does not prevent the division from continuing the
 3462  investigation, accepting or considering evidence obtained or
 3463  received after 90 days, or taking administrative action if
 3464  reasonable cause exists to believe that a violation of this
 3465  chapter or a rule of the division has occurred. If an
 3466  investigation is not completed within the time limits
 3467  established in this paragraph, the division shall, on a monthly
 3468  basis, notify the complainant in writing of the status of the
 3469  investigation. When reporting its action to the complainant, the
 3470  division shall inform the complainant of any right to a hearing
 3471  pursuant to ss. 120.569 and 120.57.
 3472         (n) The division shall develop a program to certify both
 3473  volunteer and paid mediators to provide mediation of cooperative
 3474  disputes. The division shall provide, upon request, a list of
 3475  such mediators to any association, unit owner, or other
 3476  participant in arbitration proceedings under s. 718.1255
 3477  requesting a copy of the list. The division shall include on the
 3478  list of voluntary mediators only persons who have received at
 3479  least 20 hours of training in mediation techniques or have
 3480  mediated at least 20 disputes. In order to become initially
 3481  certified by the division, paid mediators must be certified by
 3482  the Supreme Court to mediate court cases in county or circuit
 3483  courts. However, the division may adopt, by rule, additional
 3484  factors for the certification of paid mediators, which factors
 3485  must be related to experience, education, or background. Any
 3486  person initially certified as a paid mediator by the division
 3487  must, in order to continue to be certified, comply with the
 3488  factors or requirements imposed by rules adopted by the
 3489  division.
 3490         (2)
 3491         (c)A cooperative association shall create and maintain an
 3492  online account with the division, as required in subsection (3).
 3493         (3) On or before October 1, 2025, all cooperative
 3494  associations shall create and maintain an online account with
 3495  the division and provide information requested by the division
 3496  in an electronic format determined by the division. The division
 3497  shall adopt rules to implement this subsection. The division may
 3498  require cooperative associations to provide such information no
 3499  more than once per year, except that the division may require
 3500  cooperative associations to update their contact information in
 3501  paragraph (a) within 30 days after any change. The division
 3502  shall provide a cooperative association at least a 45-day notice
 3503  of any requirement to provide any required information after the
 3504  cooperative association creates an online account. The
 3505  information that the division may require associations to
 3506  provide is limited to:
 3507         (a)The contact information for the association that
 3508  includes all of the following:
 3509         1.The name of the association.
 3510         2. The physical address of the cooperative property.
 3511         3.The mailing address and county of the association.
 3512         4.The e-mail address and telephone number for the
 3513  association.
 3514         5.The name and board title for each member of the
 3515  association’s board.
 3516         6.The name and contact information of the association’s
 3517  community association manager or community association
 3518  management firm, if applicable.
 3519         7.The hyperlink or website address of the association’s
 3520  website, if applicable.
 3521         (b)The total number of buildings and for each building in
 3522  the association:
 3523         1.The total number of stories of each building, including
 3524  both habitable and uninhabitable stories.
 3525         2.The total number of units.
 3526         3.The age of each building based on the certificate of
 3527  occupancy.
 3528         4.Any construction commenced on the common elements within
 3529  the previous calendar year.
 3530         (c)The association’s assessments, including the:
 3531         1.Amount of assessment or special assessment by unit type,
 3532  including reserves.
 3533         2.Purpose of the assessment or special assessment.
 3534         3.Name of the financial institution or institutions with
 3535  which the association maintains accounts.
 3536         (d)A copy of any structural integrity reserve study and
 3537  any associated materials requested by the department. The
 3538  association must provide such materials within 5 business days
 3539  after such request, in a manner prescribed by the department.
 3540         (a) On or before January 1, 2023, cooperative associations
 3541  existing on or before July 1, 2022, must provide the following
 3542  information to the division in writing, by e-mail, United States
 3543  Postal Service, commercial delivery service, or hand delivery,
 3544  at a physical address or e-mail address provided by the division
 3545  and on a form posted on the division’s website:
 3546         1. The number of buildings on the cooperative property that
 3547  are three stories or higher in height.
 3548         2. The total number of units in all such buildings.
 3549         3. The addresses of all such buildings.
 3550         4. The counties in which all such buildings are located.
 3551         (b) The division must compile a list of the number of
 3552  buildings on cooperative property that are three stories or
 3553  higher in height, which is searchable by county, and must post
 3554  the list on the division’s website. This list must include all
 3555  of the following information:
 3556         1. The name of each association with buildings on the
 3557  cooperative property that are three stories or higher in height.
 3558         2. The number of such buildings on each association’s
 3559  property.
 3560         3. The addresses of all such buildings.
 3561         4. The counties in which all such buildings are located.
 3562         (c) An association must provide an update in writing to the
 3563  division if there are any changes to the information in the list
 3564  under paragraph (b) within 6 months after the change.
 3565         Section 24. Paragraph (d) of subsection (1) and paragraphs
 3566  (c) and (d) of subsection (2) of section 719.503, Florida
 3567  Statutes, are amended to read:
 3568         719.503 Disclosure prior to sale.—
 3569         (1) DEVELOPER DISCLOSURE.—
 3570         (d) Milestone inspection, turnover inspection report, or
 3571  structural integrity reserve study.—If the association is
 3572  required to have completed a milestone inspection as described
 3573  in s. 553.899, a turnover inspection report for a turnover
 3574  inspection performed on or after July 1, 2023, or a structural
 3575  integrity reserve study, and the association has not completed
 3576  the milestone inspection, the turnover inspection report, or the
 3577  structural integrity reserve study, each contract entered into
 3578  after December 31, 2024, for the sale of a residential unit
 3579  shall contain in conspicuous type a statement indicating that
 3580  the association is required to have a milestone inspection, a
 3581  turnover inspection report, or a structural integrity reserve
 3582  study and has not completed such inspection, report, or study,
 3583  as appropriate. If the association is not required to have a
 3584  milestone inspection as described in s. 553.899 or a structural
 3585  integrity reserve study, each contract entered into after
 3586  December 31, 2024, for the sale of a residential unit shall
 3587  contain in conspicuous type a statement indicating that the
 3588  association is not required to have a milestone inspection or a
 3589  structural integrity reserve study, as appropriate. If the
 3590  association has completed a milestone inspection as described in
 3591  s. 553.899, a turnover inspection report for a turnover
 3592  inspection performed on or after July 1, 2023, or a structural
 3593  integrity reserve study, each contract entered into after
 3594  December 31, 2024, for the sale of a residential unit shall
 3595  contain in conspicuous type:
 3596         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 3597  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 3598  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3599  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3600  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3601  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3602  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3603  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3604  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 3605  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 3606  PRIOR TO EXECUTION OF THIS CONTRACT; and
 3607         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 3608  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 3609  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3610  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 3611  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 3612  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3613  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3614  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3615  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3616  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3617  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3618  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 3619  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 3620  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 3621  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 3622  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 3623  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 3624  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 3625  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 3626  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 3627  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 3628  719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
 3629  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 3630  CLOSING.
 3631  
 3632  A contract that does not conform to the requirements of this
 3633  paragraph is voidable at the option of the purchaser before
 3634  prior to closing.
 3635         (2) NONDEVELOPER DISCLOSURE.—
 3636         (c) Each contract entered into after July 1, 1992, for the
 3637  resale of an interest in a cooperative shall contain in
 3638  conspicuous type either:
 3639         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 3640  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE ARTICLES OF
 3641  INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES OF THE
 3642  ASSOCIATION, AND THE QUESTION AND ANSWER SHEET MORE THAN 7 3
 3643  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 3644  PRIOR TO EXECUTION OF THIS CONTRACT; or
 3645         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 3646  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 3647  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3648  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 3649  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE ARTICLES OF
 3650  INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND
 3651  QUESTION AND ANSWER SHEET, IF SO REQUESTED IN WRITING. ANY
 3652  PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO
 3653  EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF
 3654  NOT MORE THAN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3655  HOLIDAYS, AFTER THE BUYER RECEIVES THE ARTICLES OF
 3656  INCORPORATION, BYLAWS, RULES, AND QUESTION AND ANSWER SHEET, IF
 3657  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 3658  TERMINATE AT CLOSING.
 3659  
 3660  A contract that does not conform to the requirements of this
 3661  paragraph is voidable at the option of the purchaser before
 3662  prior to closing.
 3663         (d) If the association is required to have completed a
 3664  milestone inspection as described in s. 553.899, a turnover
 3665  inspection report for a turnover inspection performed on or
 3666  after July 1, 2023, or a structural integrity reserve study, and
 3667  the association has not completed the milestone inspection, the
 3668  turnover inspection report, or the structural integrity reserve
 3669  study, each contract entered into after December 31, 2024, for
 3670  the sale of a residential unit shall contain in conspicuous type
 3671  a statement indicating that the association is required to have
 3672  a milestone inspection, a turnover inspection report, or a
 3673  structural integrity reserve study and has not completed such
 3674  inspection, report, or study, as appropriate. If the association
 3675  is not required to have a milestone inspection as described in
 3676  s. 553.899 or a structural integrity reserve study, each
 3677  contract entered into after December 31, 2024, for the sale of a
 3678  residential unit shall contain in conspicuous type a statement
 3679  indicating that the association is not required to have a
 3680  milestone inspection or a structural integrity reserve study, as
 3681  appropriate. If the association has completed a milestone
 3682  inspection as described in s. 553.899, a turnover inspection
 3683  report for a turnover inspection performed on or after July 1,
 3684  2023, or a structural integrity reserve study, each contract
 3685  entered into after December 31, 2024, for the resale of a
 3686  residential unit shall contain in conspicuous type:
 3687         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 3688  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 3689  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3690  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3691  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3692  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3693  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3694  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3695  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 3
 3696  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 3697  PRIOR TO EXECUTION OF THIS CONTRACT; and
 3698         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 3699  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 3700  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3701  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 3702  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 3703  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3704  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3705  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3706  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3707  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3708  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3709  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 3710  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 3711  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 3712  3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 3713  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 3714  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 3715  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 3716  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 3717  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 3718  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 3719  719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
 3720  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 3721  CLOSING.
 3722  
 3723  A contract that does not conform to the requirements of this
 3724  paragraph is voidable at the option of the purchaser before
 3725  prior to closing.
 3726         Section 25. Subsection (3) of section 914.21, Florida
 3727  Statutes, is amended to read:
 3728         914.21 Definitions.—As used in ss. 914.22-914.24, the term:
 3729         (3) “Official investigation” means any investigation
 3730  instituted by a law enforcement agency or prosecuting officer of
 3731  the state or a political subdivision of the state or the
 3732  Commission on Ethics or the Division of Florida Condominiums,
 3733  Timeshares, and Mobile Homes of the Department of Business and
 3734  Professional Regulation.
 3735         Section 26. For the purpose of incorporating the amendment
 3736  made by this act to section 468.4335, Florida Statutes, in a
 3737  reference thereto, paragraph (b) of subsection (2) of section
 3738  468.436, Florida Statutes, is reenacted to read:
 3739         468.436 Disciplinary proceedings.—
 3740         (2) The following acts constitute grounds for which the
 3741  disciplinary actions in subsection (4) may be taken:
 3742         (b)1. Violation of this part.
 3743         2. Violation of any lawful order or rule rendered or
 3744  adopted by the department or the council.
 3745         3. Being convicted of or pleading nolo contendere to a
 3746  felony in any court in the United States.
 3747         4. Obtaining a license or certification or any other order,
 3748  ruling, or authorization by means of fraud, misrepresentation,
 3749  or concealment of material facts.
 3750         5. Committing acts of gross misconduct or gross negligence
 3751  in connection with the profession.
 3752         6. Contracting, on behalf of an association, with any
 3753  entity in which the licensee has a financial interest that is
 3754  not disclosed.
 3755         7. Failing to disclose any conflict of interest as required
 3756  by s. 468.4335.
 3757         8. Violating chapter 718, chapter 719, or chapter 720
 3758  during the course of performing community association management
 3759  services pursuant to a contract with a community association as
 3760  defined in s. 468.431(1).
 3761         Section 27. For the purpose of incorporating the amendment
 3762  made by this act to section 718.110, Florida Statutes, in a
 3763  reference thereto, paragraph (b) of subsection (2) of section
 3764  718.106, Florida Statutes, is reenacted to read:
 3765         718.106 Condominium parcels; appurtenances; possession and
 3766  enjoyment.—
 3767         (2) There shall pass with a unit, as appurtenances thereto:
 3768         (b) The exclusive right to use such portion of the common
 3769  elements as may be provided by the declaration, including the
 3770  right to transfer such right to other units or unit owners to
 3771  the extent authorized by the declaration as originally recorded,
 3772  or amendments to the declaration adopted pursuant to the
 3773  provisions contained therein. Amendments to declarations of
 3774  condominium providing for the transfer of use rights with
 3775  respect to limited common elements are not amendments that
 3776  materially modify unit appurtenances as described in s.
 3777  718.110(4). However, in order to be effective, the transfer of
 3778  use rights with respect to limited common elements must be
 3779  effectuated in conformity with the procedures set forth in the
 3780  declaration as originally recorded or as amended under the
 3781  procedures provided therein. This section is intended to clarify
 3782  existing law and applies to associations existing on the
 3783  effective date of this act.
 3784         Section 28. For the purpose of incorporating the amendment
 3785  made by this act to section 718.110, Florida Statutes, in a
 3786  reference thereto, subsection (4) of section 718.117, Florida
 3787  Statutes, is reenacted to read:
 3788         718.117 Termination of condominium.—
 3789         (4) EXEMPTION.—A plan of termination is not an amendment
 3790  subject to s. 718.110(4). In a partial termination, a plan of
 3791  termination is not an amendment subject to s. 718.110(4) if the
 3792  ownership share of the common elements of a surviving unit in
 3793  the condominium remains in the same proportion to the surviving
 3794  units as it was before the partial termination.
 3795         Section 29. For the purpose of incorporating the amendment
 3796  made by this act to section 718.110, Florida Statutes, in a
 3797  reference thereto, paragraph (d) of subsection (1) of section
 3798  718.403, Florida Statutes, is reenacted to read:
 3799         718.403 Phase condominiums.—
 3800         (1) Notwithstanding the provisions of s. 718.110, a
 3801  developer may develop a condominium in phases, if the original
 3802  declaration of condominium submitting the initial phase to
 3803  condominium ownership or an amendment to the declaration which
 3804  has been approved by all of the unit owners and unit mortgagees
 3805  provides for and describes in detail all anticipated phases; the
 3806  impact, if any, which the completion of subsequent phases would
 3807  have upon the initial phase; and the time period within which
 3808  all phases must be added to the condominium and comply with the
 3809  requirements of this section and at the end of which the right
 3810  to add additional phases expires.
 3811         (d) An amendment that extends the 7-year period pursuant to
 3812  this section is not subject to the requirements of s.
 3813  718.110(4).
 3814         Section 30. For the purpose of incorporating the amendment
 3815  made by this act to section 718.110, Florida Statutes, in a
 3816  reference thereto, subsection (4) of section 718.405, Florida
 3817  Statutes, is reenacted to read:
 3818         718.405 Multicondominiums; multicondominium associations.—
 3819         (4) This section does not prevent or restrict the formation
 3820  of a multicondominium by the merger or consolidation of two or
 3821  more condominium associations. Mergers or consolidations of
 3822  associations shall be accomplished in accordance with this
 3823  chapter, the declarations of the condominiums being merged or
 3824  consolidated, and chapter 617. Section 718.110(4) does not apply
 3825  to amendments to declarations necessary to effect a merger or
 3826  consolidation. This section is intended to clarify existing law
 3827  and applies to associations existing on the effective date of
 3828  this act.
 3829         Section 31. For the purpose of incorporating the amendment
 3830  made by this act to section 718.111, Florida Statutes, in a
 3831  reference thereto, paragraph (e) of subsection (3) of section
 3832  721.13, Florida Statutes, is reenacted to read:
 3833         721.13 Management.—
 3834         (3) The duties of the managing entity include, but are not
 3835  limited to:
 3836         (e) Arranging for an annual audit of the financial
 3837  statements of the timeshare plan by a certified public
 3838  accountant licensed by the Board of Accountancy of the
 3839  Department of Business and Professional Regulation, in
 3840  accordance with generally accepted auditing standards as defined
 3841  by the rules of the Board of Accountancy of the Department of
 3842  Business and Professional Regulation. The financial statements
 3843  required by this section must be prepared on an accrual basis
 3844  using fund accounting, and must be presented in accordance with
 3845  generally accepted accounting principles. A copy of the audited
 3846  financial statements must be filed with the division for review
 3847  and forwarded to the board of directors and officers of the
 3848  owners’ association, if one exists, no later than 5 calendar
 3849  months after the end of the timeshare plan’s fiscal year. If no
 3850  owners’ association exists, each purchaser must be notified, no
 3851  later than 5 months after the end of the timeshare plan’s fiscal
 3852  year, that a copy of the audited financial statements is
 3853  available upon request to the managing entity. Notwithstanding
 3854  any requirement of s. 718.111(13) or s. 719.104(4), the audited
 3855  financial statements required by this section are the only
 3856  annual financial reporting requirements for timeshare
 3857  condominiums or timeshare cooperatives.
 3858         Section 32. For the purpose of incorporating the amendment
 3859  made by this act to section 718.112, Florida Statutes, in
 3860  references thereto, paragraph (a) of subsection (7) and
 3861  paragraph (c) of subsection (21) of section 718.504, Florida
 3862  Statutes, are reenacted to read:
 3863         718.504 Prospectus or offering circular.—Every developer of
 3864  a residential condominium which contains more than 20
 3865  residential units, or which is part of a group of residential
 3866  condominiums which will be served by property to be used in
 3867  common by unit owners of more than 20 residential units, shall
 3868  prepare a prospectus or offering circular and file it with the
 3869  Division of Florida Condominiums, Timeshares, and Mobile Homes
 3870  prior to entering into an enforceable contract of purchase and
 3871  sale of any unit or lease of a unit for more than 5 years and
 3872  shall furnish a copy of the prospectus or offering circular to
 3873  each buyer. In addition to the prospectus or offering circular,
 3874  each buyer shall be furnished a separate page entitled
 3875  “Frequently Asked Questions and Answers,” which shall be in
 3876  accordance with a format approved by the division and a copy of
 3877  the financial information required by s. 718.111. This page
 3878  shall, in readable language, inform prospective purchasers
 3879  regarding their voting rights and unit use restrictions,
 3880  including restrictions on the leasing of a unit; shall indicate
 3881  whether and in what amount the unit owners or the association is
 3882  obligated to pay rent or land use fees for recreational or other
 3883  commonly used facilities; shall contain a statement identifying
 3884  that amount of assessment which, pursuant to the budget, would
 3885  be levied upon each unit type, exclusive of any special
 3886  assessments, and which shall further identify the basis upon
 3887  which assessments are levied, whether monthly, quarterly, or
 3888  otherwise; shall state and identify any court cases in which the
 3889  association is currently a party of record in which the
 3890  association may face liability in excess of $100,000; shall
 3891  state whether the condominium is created within a portion of a
 3892  building or within a multiple parcel building; and which shall
 3893  further state whether membership in a recreational facilities
 3894  association is mandatory, and if so, shall identify the fees
 3895  currently charged per unit type. The division shall by rule
 3896  require such other disclosure as in its judgment will assist
 3897  prospective purchasers. The prospectus or offering circular may
 3898  include more than one condominium, although not all such units
 3899  are being offered for sale as of the date of the prospectus or
 3900  offering circular. The prospectus or offering circular must
 3901  contain the following information:
 3902         (7) A description of the recreational and other facilities
 3903  that will be used in common with other condominiums, community
 3904  associations, or planned developments which require the payment
 3905  of the maintenance and expenses of such facilities, directly or
 3906  indirectly, by the unit owners. The description shall include,
 3907  but not be limited to, the following:
 3908         (a) Each building and facility committed to be built and a
 3909  summary description of the structural integrity of each building
 3910  for which reserves are required pursuant to s. 718.112(2)(g).
 3911  
 3912  Descriptions shall include location, areas, capacities, numbers,
 3913  volumes, or sizes and may be stated as approximations or
 3914  minimums.
 3915         (21) An estimated operating budget for the condominium and
 3916  the association, and a schedule of the unit owner’s expenses
 3917  shall be attached as an exhibit and shall contain the following
 3918  information:
 3919         (c) The estimated items of expenses of the condominium and
 3920  the association, except as excluded under paragraph (b),
 3921  including, but not limited to, the following items, which shall
 3922  be stated as an association expense collectible by assessments
 3923  or as unit owners’ expenses payable to persons other than the
 3924  association:
 3925         1. Expenses for the association and condominium:
 3926         a. Administration of the association.
 3927         b. Management fees.
 3928         c. Maintenance.
 3929         d. Rent for recreational and other commonly used
 3930  facilities.
 3931         e. Taxes upon association property.
 3932         f. Taxes upon leased areas.
 3933         g. Insurance.
 3934         h. Security provisions.
 3935         i. Other expenses.
 3936         j. Operating capital.
 3937         k. Reserves for all applicable items referenced in s.
 3938  718.112(2)(g).
 3939         l. Fees payable to the division.
 3940         2. Expenses for a unit owner:
 3941         a. Rent for the unit, if subject to a lease.
 3942         b. Rent payable by the unit owner directly to the lessor or
 3943  agent under any recreational lease or lease for the use of
 3944  commonly used facilities, which use and payment is a mandatory
 3945  condition of ownership and is not included in the common expense
 3946  or assessments for common maintenance paid by the unit owners to
 3947  the association.
 3948         Section 33. For the purpose of incorporating the amendment
 3949  made by this act to section 718.112, Florida Statutes, in a
 3950  reference thereto, paragraph (d) of subsection (1) of section
 3951  718.618, Florida Statutes, is reenacted to read:
 3952         718.618 Converter reserve accounts; warranties.—
 3953         (1) When existing improvements are converted to ownership
 3954  as a residential condominium, the developer shall establish
 3955  converter reserve accounts for capital expenditures and deferred
 3956  maintenance, or give warranties as provided by subsection (6),
 3957  or post a surety bond as provided by subsection (7). The
 3958  developer shall fund the converter reserve accounts in amounts
 3959  calculated as follows:
 3960         (d) In addition to establishing the reserve accounts
 3961  specified above, the developer shall establish those other
 3962  reserve accounts required by s. 718.112(2)(f), and shall fund
 3963  those accounts in accordance with the formula provided therein.
 3964  The vote to waive or reduce the funding or reserves required by
 3965  s. 718.112(2)(f) does not affect or negate the obligations
 3966  arising under this section.
 3967         Section 34. For the purpose of incorporating the amendment
 3968  made by this act to section 718.113, Florida Statutes, in a
 3969  reference thereto, paragraph (e) of subsection (1) of section
 3970  718.115, Florida Statutes, is reenacted to read:
 3971         718.115 Common expenses and common surplus.—
 3972         (1)
 3973         (e)1. Except as provided in s. 718.113(5)(d), if the
 3974  installation of hurricane protection is the responsibility of
 3975  the unit owners pursuant to the declaration of condominium or a
 3976  vote of the unit owners under s. 718.113(5), the cost of the
 3977  installation of hurricane protection by the association is not a
 3978  common expense and must be charged individually to the unit
 3979  owners based on the cost of installation of hurricane protection
 3980  appurtenant to the unit. The costs of installation of hurricane
 3981  protection are enforceable as an assessment and may be collected
 3982  in the manner provided under s. 718.116.
 3983         2. Notwithstanding s. 718.116(9), and regardless of whether
 3984  the declaration requires the association or unit owners to
 3985  install, maintain, repair, or replace hurricane protection, the
 3986  owner of a unit in which hurricane protection that complies with
 3987  the current applicable building code has been installed is
 3988  excused from any assessment levied by the association or shall
 3989  receive a credit if the same type of hurricane protection is
 3990  installed by the association. A credit is applicable if the
 3991  installation of hurricane protection is for all other units that
 3992  do not have hurricane protection and the cost of such
 3993  installation is funded by the association’s budget, including
 3994  the use of reserve funds. The credit must be equal to the amount
 3995  that the unit owner would have been assessed to install the
 3996  hurricane protection. However, such unit owner remains
 3997  responsible for the pro rata share of expenses for hurricane
 3998  protection installed on common elements and association property
 3999  by the board pursuant to s. 718.113(5) and remains responsible
 4000  for a pro rata share of the expense of the replacement,
 4001  operation, repair, and maintenance of such hurricane protection.
 4002  Expenses for the installation, replacement, operation, repair,
 4003  or maintenance of hurricane protection on common elements and
 4004  association property are common expenses.
 4005         Section 35. For the purpose of incorporating the amendments
 4006  made by this act to sections 718.111, 718.112, and 718.503,
 4007  Florida Statutes, in references thereto, subsections (1) and (3)
 4008  of section 718.706, Florida Statutes, are reenacted to read:
 4009         718.706 Specific provisions pertaining to offering of units
 4010  by a bulk assignee or bulk buyer.—
 4011         (1) Before offering more than seven units in a single
 4012  condominium for sale or for lease for a term exceeding 5 years,
 4013  a bulk assignee or a bulk buyer must file the following
 4014  documents with the division and provide such documents to a
 4015  prospective purchaser or tenant:
 4016         (a) An updated prospectus or offering circular, or a
 4017  supplement to the prospectus or offering circular, filed by the
 4018  original developer prepared in accordance with s. 718.504, which
 4019  must include the form of contract for sale and for lease in
 4020  compliance with s. 718.503(2);
 4021         (b) An updated Frequently Asked Questions and Answers
 4022  sheet;
 4023         (c) The executed escrow agreement if required under s.
 4024  718.202; and
 4025         (d) The financial information required by s. 718.111(13).
 4026  However, if a financial information report did not exist before
 4027  the acquisition of title by the bulk assignee or bulk buyer, and
 4028  if accounting records that permit preparation of the required
 4029  financial information report for that period cannot be obtained
 4030  despite good faith efforts by the bulk assignee or the bulk
 4031  buyer, the bulk assignee or bulk buyer is excused from the
 4032  requirement of this paragraph. However, the bulk assignee or
 4033  bulk buyer must include in the purchase contract the following
 4034  statement in conspicuous type:
 4035  
 4036         ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
 4037         REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
 4038         BEFORE THE SELLER’S ACQUISITION OF THE UNIT IS NOT
 4039         AVAILABLE OR CANNOT BE OBTAINED DESPITE THE GOOD FAITH
 4040         EFFORTS OF THE SELLER.
 4041  
 4042         (3) A bulk assignee, while in control of the board of
 4043  administration of the association, may not authorize, on behalf
 4044  of the association:
 4045         (a) The waiver of reserves or the reduction of funding of
 4046  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 4047  a majority of the voting interests not controlled by the
 4048  developer, bulk assignee, and bulk buyer; or
 4049         (b) The use of reserve expenditures for other purposes
 4050  pursuant to s. 718.112(2)(f)3., unless approved by a majority of
 4051  the voting interests not controlled by the developer, bulk
 4052  assignee, and bulk buyer.
 4053         Section 36. For the purpose of incorporating the amendment
 4054  made by this act to section 718.301, Florida Statutes, in a
 4055  reference thereto, subsection (2) of section 718.705, Florida
 4056  Statutes, is reenacted to read:
 4057         718.705 Board of administration; transfer of control.—
 4058         (2) Unless control of the board of administration of the
 4059  association has already been relinquished pursuant to s.
 4060  718.301(1), the bulk assignee must relinquish control of the
 4061  association pursuant to s. 718.301 and this part, as if the bulk
 4062  assignee were the developer.
 4063         Section 37. For the purpose of incorporating the amendment
 4064  made by this act to section 719.106, Florida Statutes, in a
 4065  reference thereto, subsection (24) of section 719.103, Florida
 4066  Statutes, is reenacted to read:
 4067         719.103 Definitions.—As used in this chapter:
 4068         (24) “Structural integrity reserve study” means a study of
 4069  the reserve funds required for future major repairs and
 4070  replacement of the cooperative property performed as required
 4071  under s. 719.106(1)(k).
 4072         Section 38. For the purpose of incorporating the amendment
 4073  made by this act to section 719.106, Florida Statutes, in
 4074  references thereto, paragraph (a) of subsection (7) and
 4075  paragraph (c) of subsection (20) of section 719.504, Florida
 4076  Statutes, are reenacted to read:
 4077         719.504 Prospectus or offering circular.—Every developer of
 4078  a residential cooperative which contains more than 20
 4079  residential units, or which is part of a group of residential
 4080  cooperatives which will be served by property to be used in
 4081  common by unit owners of more than 20 residential units, shall
 4082  prepare a prospectus or offering circular and file it with the
 4083  Division of Florida Condominiums, Timeshares, and Mobile Homes
 4084  prior to entering into an enforceable contract of purchase and
 4085  sale of any unit or lease of a unit for more than 5 years and
 4086  shall furnish a copy of the prospectus or offering circular to
 4087  each buyer. In addition to the prospectus or offering circular,
 4088  each buyer shall be furnished a separate page entitled
 4089  “Frequently Asked Questions and Answers,” which must be in
 4090  accordance with a format approved by the division. This page
 4091  must, in readable language: inform prospective purchasers
 4092  regarding their voting rights and unit use restrictions,
 4093  including restrictions on the leasing of a unit; indicate
 4094  whether and in what amount the unit owners or the association is
 4095  obligated to pay rent or land use fees for recreational or other
 4096  commonly used facilities; contain a statement identifying that
 4097  amount of assessment which, pursuant to the budget, would be
 4098  levied upon each unit type, exclusive of any special
 4099  assessments, and which identifies the basis upon which
 4100  assessments are levied, whether monthly, quarterly, or
 4101  otherwise; state and identify any court cases in which the
 4102  association is currently a party of record in which the
 4103  association may face liability in excess of $100,000; and state
 4104  whether membership in a recreational facilities association is
 4105  mandatory and, if so, identify the fees currently charged per
 4106  unit type. The division shall by rule require such other
 4107  disclosure as in its judgment will assist prospective
 4108  purchasers. The prospectus or offering circular may include more
 4109  than one cooperative, although not all such units are being
 4110  offered for sale as of the date of the prospectus or offering
 4111  circular. The prospectus or offering circular must contain the
 4112  following information:
 4113         (7) A description of the recreational and other facilities
 4114  that will be used in common with other cooperatives, community
 4115  associations, or planned developments which require the payment
 4116  of the maintenance and expenses of such facilities, directly or
 4117  indirectly, by the unit owners. The description shall include,
 4118  but not be limited to, the following:
 4119         (a) Each building and facility committed to be built and a
 4120  summary description of the structural integrity of each building
 4121  for which reserves are required pursuant to s. 719.106(1)(k).
 4122  
 4123  Descriptions shall include location, areas, capacities, numbers,
 4124  volumes, or sizes and may be stated as approximations or
 4125  minimums.
 4126         (20) An estimated operating budget for the cooperative and
 4127  the association, and a schedule of the unit owner’s expenses
 4128  shall be attached as an exhibit and shall contain the following
 4129  information:
 4130         (c) The estimated items of expenses of the cooperative and
 4131  the association, except as excluded under paragraph (b),
 4132  including, but not limited to, the following items, which shall
 4133  be stated as an association expense collectible by assessments
 4134  or as unit owners’ expenses payable to persons other than the
 4135  association:
 4136         1. Expenses for the association and cooperative:
 4137         a. Administration of the association.
 4138         b. Management fees.
 4139         c. Maintenance.
 4140         d. Rent for recreational and other commonly used areas.
 4141         e. Taxes upon association property.
 4142         f. Taxes upon leased areas.
 4143         g. Insurance.
 4144         h. Security provisions.
 4145         i. Other expenses.
 4146         j. Operating capital.
 4147         k. Reserves for all applicable items referenced in s.
 4148  719.106(1)(k).
 4149         l. Fee payable to the division.
 4150         2. Expenses for a unit owner:
 4151         a. Rent for the unit, if subject to a lease.
 4152         b. Rent payable by the unit owner directly to the lessor or
 4153  agent under any recreational lease or lease for the use of
 4154  commonly used areas, which use and payment are a mandatory
 4155  condition of ownership and are not included in the common
 4156  expense or assessments for common maintenance paid by the unit
 4157  owners to the association.
 4158         Section 39. Except as otherwise provided in this act, this
 4159  act shall take effect July 1, 2025.
 4160  
 4161  ================= T I T L E  A M E N D M E N T ================
 4162  And the title is amended as follows:
 4163         Delete everything before the enacting clause
 4164  and insert:
 4165                        A bill to be entitled                      
 4166         An act relating to condominium and cooperative
 4167         associations; amending s. 468.432, F.S.; prohibiting a
 4168         person whose community association manager license is
 4169         revoked from having an indirect or direct ownership
 4170         interest in, or being an employee, a partner, an
 4171         officer, a director, or a trustee of, a community
 4172         association management firm for a specified timeframe;
 4173         requiring a licensee to create and maintain an online
 4174         licensure account with the Department of Business and
 4175         Professional Regulation; requiring a community
 4176         association manager to identify on his or her online
 4177         licensure account certain information; requiring a
 4178         licensee to provide specific information on his or her
 4179         online licensure account; requiring that such
 4180         information be updated within a specified timeframe;
 4181         requiring a community association management firm to
 4182         identify on its online licensure account the community
 4183         association managers it employs to provide community
 4184         association management services; requiring the
 4185         department to give written notice to the community
 4186         association management firm and the community
 4187         association if the community association manager has
 4188         his or her license suspended or revoked; amending s.
 4189         468.4334, F.S.; prohibiting a community association
 4190         manager or a community association management firm
 4191         from knowingly performing any act directed by the
 4192         community association if such act violates any state
 4193         or federal law; revising the contractual obligations a
 4194         community association manager or a community
 4195         association management firm has with the association
 4196         board; requiring that a contract include a certain
 4197         statement, if applicable to the type of management
 4198         services provided in the contract; providing that such
 4199         contracts may not waive or limit certain professional
 4200         practice standards; requiring a community association
 4201         to include specified information on its website or
 4202         mobile application, if such association is required to
 4203         maintain official records on a website or an
 4204         application; conforming provisions to changes made by
 4205         the act; amending s. 468.4335, F.S.; revising what
 4206         constitutes a rebuttable presumption of a conflict of
 4207         interest with a community association manager or a
 4208         community association management firm; defining the
 4209         term “compensation”; requiring an association to
 4210         solicit multiple bids from other third-party providers
 4211         if a bid that exceeds a specified amount is or may
 4212         reasonably be construed to be a conflict of interest;
 4213         providing applicability; deleting a requirement that
 4214         all contracts and transactional documents related to a
 4215         proposed activity that is a conflict of interest be
 4216         attached to the meeting agenda of the next board of
 4217         administration meeting; requiring that the notice for
 4218         the board meeting at which certain activity will be
 4219         considered include certain information about a
 4220         proposed activity that is a conflict of interest;
 4221         deleting a requirement that the proposed activity be
 4222         disclosed at the next regular or special meeting of
 4223         the members; providing that a contract is voidable if
 4224         certain findings are made; providing specifications
 4225         for terminating a contract; making technical changes;
 4226         amending s. 553.899, F.S.; requiring, rather than
 4227         authorizing, the board of county commissioners or a
 4228         municipal governing body to adopt a specified
 4229         ordinance; requiring specified professionals who bid
 4230         to perform a milestone inspection to disclose to the
 4231         association in writing their intent to bid on services
 4232         related to any maintenance, repair, or replacement
 4233         that may be recommended by the milestone inspection;
 4234         prohibiting such professionals from having any
 4235         interest in or being related to any person having any
 4236         interest in the firm or entity providing the
 4237         association’s milestone inspection unless such
 4238         relationship is disclosed in writing; defining the
 4239         term “relative”; providing that a contract for
 4240         services is voidable and terminates upon the
 4241         association filing a written notice terminating such
 4242         contract if such professionals fail to provide a
 4243         written disclosure of such relationship; providing
 4244         that such professionals may be subject to discipline
 4245         for failure to provide such written disclosure;
 4246         requiring the local enforcement agency responsible for
 4247         milestone inspections to provide to the department
 4248         specified information in an electronic format by a
 4249         specified date; requiring the department to provide to
 4250         the Office of Program Policy Analysis and Government
 4251         Accountability (OPPAGA) all information obtained from
 4252         the local enforcement agencies by a specified date;
 4253         authorizing OPPAGA to request from the local
 4254         enforcement agency any additional information
 4255         necessary to compile and provide a report to the
 4256         Legislature; amending s. 718.103, F.S.; revising the
 4257         definition of the term “alternative funding method”;
 4258         defining the term “video conference”; amending s.
 4259         718.110, F.S.; providing that the declaration of a
 4260         nonresidential condominium may be amended to change
 4261         certain provisions if all affected record owners join
 4262         in the execution of such amendment; providing that the
 4263         approval of nonaffected record owners is not required;
 4264         requiring that certain documents be served at a unit
 4265         owner’s address as reflected in the association’s
 4266         official records; amending s. 718.111, F.S.; requiring
 4267         a community association manager or a community
 4268         association management firm that contracts with a
 4269         community association to possess specified licenses;
 4270         providing that all board members or officers of a
 4271         community association that contracts with a community
 4272         association manager or a community association
 4273         management firm have a duty to ensure that the
 4274         community association manager or community association
 4275         management firm is properly licensed before entering
 4276         into a contract; authorizing a community association
 4277         to terminate a contract with a community association
 4278         manager or a community association management firm if
 4279         the manager’s or management firm’s license is
 4280         suspended or revoked during the term of the contract;
 4281         requiring every condominium association to have
 4282         adequate property insurance; deleting specified
 4283         required coverage; providing that the amount of
 4284         adequate insurance coverage may be based on the
 4285         replacement cost of the property to be insured, as
 4286         determined by an independent insurance appraisal or
 4287         previous appraisal; requiring that such replacement
 4288         cost be determined according to a specified timeframe;
 4289         providing that an association’s obligation to obtain
 4290         and provide adequate property insurance may be
 4291         satisfied by obtaining and maintaining insurance
 4292         coverage sufficient to cover a specified amount;
 4293         revising which items constitute the official records
 4294         of the association; requiring that certain documents
 4295         be posted on certain associations’ websites or made
 4296         available for download through an application on a
 4297         mobile device within a specified timeframe; revising
 4298         which documents must be posted in digital format on
 4299         the association’s website or application; revising the
 4300         timeframe in which the association must deliver a copy
 4301         of the most recent financial report or a notice that a
 4302         copy of the most recent financial report will be
 4303         distributed; revising the methods of delivery for a
 4304         copy of the most recent association financial report
 4305         to include electronic delivery via the Internet;
 4306         requiring that an officer or a director execute an
 4307         affidavit as evidence of compliance with the delivery
 4308         requirement; revising how financial reports are
 4309         prepared; requiring an association board to use best
 4310         efforts to make prudent investment decisions in
 4311         fulfilling its duty to manage operating and reserve
 4312         funds of the association; authorizing an association,
 4313         including a multicondominium association, to invest
 4314         reserve funds in specified financial institutions
 4315         without a vote of the unit owners; amending s.
 4316         718.112, F.S.; authorizing an association board
 4317         meeting to be conducted in person or by video
 4318         conference; requiring the Division of Florida
 4319         Condominiums, Timeshares, and Mobile Homes to adopt
 4320         rules; requiring that notice for board meetings
 4321         conducted via video conference contain specific
 4322         information; requiring that such meetings be recorded
 4323         and maintained as an official record of the
 4324         association; revising the distance from the
 4325         condominium property within which a unit owner meeting
 4326         must be held; authorizing a unit owner to vote
 4327         electronically if the unit owner meeting is conducted
 4328         via video conference; authorizing unit owner meetings
 4329         to be conducted in person or via video conference;
 4330         specifying what constitutes a quorum for meetings held
 4331         via video conference; requiring that, if the bylaws
 4332         are silent as to the location, the location of the
 4333         meeting be provided in the association bylaws or
 4334         within a specified distance from, or within the same
 4335         county of, the condominium property; requiring that
 4336         meetings held via video conference be recorded and be
 4337         maintained as an official record of the association;
 4338         requiring the division to adopt rules; revising the
 4339         methods of serving notice of unit owner meetings;
 4340         authorizing budget meetings to be conducted via video
 4341         conference; requiring the division to adopt rules;
 4342         requiring that a sound transmitting device be used at
 4343         such meetings for a specified purpose; revising a
 4344         provision requiring that a board proposing a budget
 4345         that requires a certain special assessment against
 4346         unit owners simultaneously propose a substitute budget
 4347         that meets certain requirements, rather than conduct a
 4348         special meeting of the unit owners to consider a
 4349         substitute budget after the adoption of the annual
 4350         budget; requiring unit owners, rather than authorizing
 4351         them, to consider a substitute budget; providing that
 4352         the annual budget initially proposed by the board be
 4353         adopted under certain circumstances; revising the
 4354         criteria used in determining whether assessments
 4355         exceed the specified percentage of assessments of the
 4356         previous fiscal year; revising the threshold for
 4357         deferred maintenance expenses or replacements in
 4358         reserve accounts; authorizing the members to vote to
 4359         waive the maintenance of reserves recommended in the
 4360         most recent structural integrity reserve study under
 4361         certain circumstances; revising the provision that any
 4362         association, rather than an association operating a
 4363         multicondominium, may determine to provide no reserves
 4364         or less reserves than required if an alternative
 4365         funding method is used by the association; deleting a
 4366         requirement that the division approve the funding
 4367         method; providing that specified reserves may be
 4368         funded by regular assessments, special assessments,
 4369         lines of credit, or loans under certain circumstances;
 4370         requiring that any special assessment, line of credit,
 4371         or loan be approved by a majority of the total voting
 4372         interests of the association; authorizing a unit
 4373         owner-controlled association that is required to have
 4374         a structural reserve study to obtain a line of credit
 4375         or a loan to fund capital expenses required by a
 4376         milestone inspection or a structural integrity reserve
 4377         study; requiring that any special assessment, line of
 4378         credit, or loan be sufficient to fund the cumulative
 4379         amount of any previously waived or unfunded portions
 4380         of the reserve funding amount and the most recent
 4381         structural integrity reserve study; requiring that
 4382         funding from the line of credit or loan be immediately
 4383         available for access by the board for a specified
 4384         purpose without further approval by association
 4385         members; requiring that such special assessments,
 4386         lines of credit, or loans be included in the
 4387         association’s financial report; providing
 4388         applicability; deleting a requirement that the
 4389         majority of the members must approve of the board
 4390         pausing contributions to the association’s reserves
 4391         for a specified purpose; authorizing the board to
 4392         temporarily pause reserve fund contributions or reduce
 4393         the amount of reserve funding for a specified purpose
 4394         for a budget adopted on or before a specified date if
 4395         the association has completed a milestone inspection
 4396         within a specified timeframe and such inspection
 4397         recommended certain repairs; requiring that such
 4398         temporary pause or reduction be approved by a majority
 4399         of the total voting interests of the association;
 4400         providing applicability; requiring associations that
 4401         have paused or reduced their reserve funding to have a
 4402         structural integrity reserve study performed before
 4403         the continuation of reserve contributions for
 4404         specified purposes; providing that an association’s
 4405         reserve accounts may be pooled for a specified number
 4406         of required components; requiring that reserve funding
 4407         for certain components be pooled within those
 4408         components; requiring that reserve funding in the
 4409         proposed annual budget be sufficient to ensure that
 4410         available funds meet or exceed projected expenses for
 4411         all components in the reserve pool based on the
 4412         reserve funding plan or schedule of the most recent
 4413         structural integrity reserve study; providing that a
 4414         vote of the members is not required for the board to
 4415         change the accounting method for reserves to specified
 4416         accounting methods; requiring the division to annually
 4417         adjust for inflation the minimum threshold amount for
 4418         required reserves, based on specified criteria;
 4419         requiring the division, by a specified date and
 4420         annually thereafter, to conspicuously post on its
 4421         website the inflation-adjusted minimum threshold
 4422         amount for required reserves; revising the items to be
 4423         included in a structural integrity reserve study;
 4424         requiring specified design professionals or
 4425         contractors who bid to perform a structural integrity
 4426         reserve study to disclose in writing to the
 4427         association their intent to bid on any services
 4428         related to the maintenance, repair, or replacement
 4429         that may be recommended by the structural integrity
 4430         reserve study; prohibiting such professionals or
 4431         contractors from having any interest in or being
 4432         related to any person having any interest in the firm
 4433         or entity providing the association’s structural
 4434         integrity reserve study unless such relationship is
 4435         disclosed in writing; defining the term “relative”;
 4436         providing that a contract for services is voidable and
 4437         terminates upon the association filing a written
 4438         notice terminating such a contract if such
 4439         professional or contractor fails to provide a written
 4440         disclosure of such relationship with the firm
 4441         conducting the structural integrity reserve study;
 4442         providing that such professional or contractor may be
 4443         subject to discipline for his or her failure to
 4444         provide such written disclosure; requiring that a
 4445         structural integrity reserve study include a
 4446         recommendation for a reserve funding schedule based on
 4447         specified criteria; providing that the study may
 4448         recommend other types of reserve funding schedules,
 4449         provided each recommended schedule is sufficient to
 4450         meet the association’s maintenance obligations;
 4451         requiring that reserves not required for certain items
 4452         be separately identified as such in the structural
 4453         integrity reserve study; requiring that the structural
 4454         integrity reserve study take into consideration the
 4455         funding method or methods used by the association to
 4456         fund maintenance and reserve funding obligations
 4457         through regular assessments, special assessments,
 4458         lines of credit, or loans; requiring that a structural
 4459         integrity reserve study that has been performed before
 4460         the approval of a special assessment or the securing
 4461         of a line of credit or a loan be updated to reflect
 4462         certain information regarding the reserve funding
 4463         schedule; providing that a structural integrity
 4464         reserve study may be updated to reflect changes in the
 4465         useful life of the reserve items after such items are
 4466         repaired or replaced, and the effect such repair or
 4467         replacement will have on the reserve funding schedule;
 4468         requiring an association to obtain an updated
 4469         structural integrity reserve study before adopting any
 4470         budget in which the reserve funding from regular
 4471         assessments, special assessments, lines of credit, or
 4472         loans do not align with the funding plan from the most
 4473         recent version of the structural integrity reserve
 4474         study; revising applicability; authorizing an
 4475         association to delay a required structural integrity
 4476         reserve study for a specified timeframe if it has
 4477         completed a milestone inspection or similar
 4478         inspection, for a specified purpose; requiring an
 4479         officer or director of an association to sign an
 4480         affidavit acknowledging receipt of the completed
 4481         structural integrity reserve study; requiring the
 4482         division to adopt rules for the form for the
 4483         structural integrity reserve study in coordination
 4484         with the Florida Building Commission; making technical
 4485         changes; amending s. 718.113, F.S.; requiring the
 4486         board to determine whose responsibility it is to pay
 4487         for removal or reinstallation of hurricane protection
 4488         under certain circumstances; deleting authorization
 4489         for an association to enforce and collect certain
 4490         charges as assessments; amending s. 718.1265, F.S.;
 4491         revising the emergency powers of a condominium
 4492         association; amending s. 718.128, F.S.; deleting a
 4493         requirement for written notice of certain meetings;
 4494         requiring, after a specified percentage of voting
 4495         interests adopts a resolution, a board to hold a
 4496         meeting within a certain timeframe to adopt such
 4497         resolution; requiring that a petition to adopt a
 4498         resolution be submitted to the board within a certain
 4499         timeframe; requiring an association to designate an e
 4500         mail address for receipt of electronically transmitted
 4501         ballots; requiring that electronically transmitted
 4502         ballots meet specified requirements; authorizing a
 4503         unit owner to electronically transmit a ballot without
 4504         complying with certain provisions; requiring an
 4505         association to count completed such electronically
 4506         submitted ballots if such ballots comply with
 4507         specified requirements; providing requirements for
 4508         electronically transmitted ballots; providing a
 4509         rebuttable presumption; amending s. 718.203, F.S.;
 4510         providing that all condominiums, not just residential,
 4511         can be covered by an insured warranty program;
 4512         amending s. 718.301, F.S.; providing that certain
 4513         provisions of law relating to transfer of control of
 4514         an association do not apply to certain residential
 4515         condominiums beginning on a specified date; amending
 4516         s. 718.302, F.S.; providing that certain agreements
 4517         may be cancelled by unit owners if the unit owners own
 4518         a specified percentage of voting interests in certain
 4519         condominiums; amending s. 718.407, F.S.; requiring
 4520         that a specified report be provided to an association
 4521         within a certain timeframe after the end of the fiscal
 4522         year; requiring that copies of receipts and invoices
 4523         be included with the report; authorizing the division
 4524         to impose penalties under certain circumstances;
 4525         authorizing an association to challenge the
 4526         apportionment of certain costs of the shared
 4527         facilities within a certain timeframe; providing
 4528         construction; amending s. 718.501, F.S.; revising the
 4529         duties of the Division of Florida Condominiums,
 4530         Timeshares, and Mobile Homes regarding investigation
 4531         of complaints; requiring condominium associations to
 4532         create and maintain an online account with the
 4533         division on or before a specified date; requiring
 4534         condominium associations to provide requested
 4535         information to the division; requiring the division to
 4536         adopt rules; authorizing the division to require
 4537         condominium associations to provide such information
 4538         no more than once a year; requiring that certain
 4539         information be updated within a specified timeframe;
 4540         requiring the division to provide a condominium
 4541         association a specified notice of any requirement to
 4542         provide information after the condominium association
 4543         creates an online account; specifying the information
 4544         the division may require from a condominium
 4545         association; amending s. 718.503, F.S.; revising the
 4546         disclosures that must be included in a contract for
 4547         the sale and resale of a residential unit; amending s.
 4548         8 of chapter 2024-244, Laws of Florida, as amended;
 4549         requiring that specified documents be made available
 4550         on an association’s website or made available for
 4551         download through an application on a mobile device
 4552         within a specified timeframe; revising the documents
 4553         required to be posted in digital format on an
 4554         association’s website or application; amending s. 31
 4555         of chapter 2024-244, Laws of Florida; revising
 4556         retroactivity and applicability; amending s. 719.104,
 4557         F.S.; requiring a board to use best efforts to make
 4558         prudent investment decisions in fulfilling its duty to
 4559         manage operating and reserve funds of the cooperative
 4560         association; authorizing an association to invest
 4561         reserve funds in specified financial institutions
 4562         without a vote of the unit owners; amending s.
 4563         719.106, F.S.; revising the deferred maintenance
 4564         expense or replacement costs threshold that must be
 4565         included in reserve accounts; authorizing the board to
 4566         pause contributions to its reserves or reduce reserve
 4567         funding if a local building official determines the
 4568         entire cooperative building is uninhabitable due to a
 4569         natural emergency; authorizing any reserve account
 4570         funds held by the association to be expended to make
 4571         the cooperative building and its structures habitable,
 4572         pursuant to the board’s determination; requiring the
 4573         association to immediately resume contributing funds
 4574         to its reserves upon determination by the local
 4575         building official that the cooperative building is
 4576         habitable; providing that certain reserves may be
 4577         funded by regular assessments, special assessments,
 4578         lines of credit, or loans under certain circumstances;
 4579         requiring that a special assessment, a line of credit,
 4580         or a loan requires the approval of a majority vote of
 4581         the total voting interests of an association;
 4582         authorizing a unit-owner-controlled association to
 4583         obtain a line of credit or a loan to fund capital
 4584         expenses required by a milestone inspection or a
 4585         structural integrity reserve study; requiring that
 4586         such lines of credit or loans be sufficient to fund
 4587         the cumulative amount of any previously waived or
 4588         unfunded portion of the reserve funding amount and
 4589         most recent structural integrity reserve study;
 4590         requiring that funding from such line of credit or
 4591         loan be immediately available for access by the board
 4592         for a specified purpose without further approval by
 4593         the members of the association; requiring that any
 4594         special assessment, line of credit, or loan be
 4595         included in the annual financial statement to be
 4596         delivered to unit owners and provided to prospective
 4597         unit purchasers; authorizing the board to temporarily
 4598         pause reserve fund contributions or reduce the amount
 4599         of reserve funding for a specified purpose for a
 4600         budget adopted on or before a specified date if the
 4601         association has completed a milestone inspection
 4602         within a specified timeframe; requiring that such
 4603         temporary pause or reduction be approved by a majority
 4604         of the total voting interests of the association;
 4605         providing applicability; requiring associations that
 4606         have paused or reduced reserve funding contributions
 4607         to have a structural integrity reserve study performed
 4608         for specified purposes before the continuation of
 4609         reserve contributions; providing that an association’s
 4610         reserve accounts may be pooled for a specified number
 4611         of required components; requiring that reserve funding
 4612         for certain components be pooled within those
 4613         components; requiring that reserve funding in the
 4614         proposed annual budget be sufficient to ensure that
 4615         available funds meet or exceed projected expenses for
 4616         all components in the reserve pool based on the
 4617         reserve funding plan or schedule of the most recent
 4618         structural integrity reserve study; providing that a
 4619         vote of the members is not required for the board to
 4620         change the accounting method for reserves to specified
 4621         accounting methods; requiring the division to annually
 4622         adjust for inflation the minimum threshold amount for
 4623         required reserves based on specified criteria;
 4624         requiring the division, by a specified date and
 4625         annually thereafter, to conspicuously post on its
 4626         website the inflation-adjusted minimum threshold
 4627         amount for required reserves; revising the items
 4628         required to be included in a structural integrity
 4629         reserve study; requiring specified design
 4630         professionals or contractors, rather than any person
 4631         qualified to perform a structural integrity reserve
 4632         study, to perform structural integrity reserve
 4633         studies; requiring such design professionals or
 4634         contractors who bid to perform a structural integrity
 4635         reserve study to disclose in writing to the
 4636         association their intent to bid on any services
 4637         related to the maintenance, repair, or replacement
 4638         that may be recommended by the structural integrity
 4639         reserve study; prohibiting such professionals or
 4640         contractors from having any interest in or being
 4641         related to any person having any interest in the firm
 4642         or entity providing the association’s structural
 4643         integrity reserve study unless such relationship is
 4644         disclosed in writing; defining the term “relative”;
 4645         providing that a contract for services is voidable and
 4646         terminates upon the association filing a written
 4647         notice terminating such a contract if such
 4648         professional or contractor fails to provide a written
 4649         disclosure of such relationship with the firm
 4650         conducting the structural integrity reserve study;
 4651         providing that such professional or contractor may be
 4652         subject to discipline for his or her failure to
 4653         provide such written disclosure; requiring that a
 4654         structural integrity reserve study include a
 4655         recommendation for a reserve funding schedule based on
 4656         specified criteria; providing that the study may
 4657         recommend other types of reserve funding schedules,
 4658         provided each recommended schedule is sufficient to
 4659         meet the association’s maintenance obligation;
 4660         requiring that reserves not required for certain items
 4661         be separately identified as such in the structural
 4662         integrity reserve study; requiring that the structural
 4663         integrity reserve study take into consideration the
 4664         funding method or methods used by the association to
 4665         fund its maintenance and reserve funding obligations
 4666         through regular assessments, special assessments,
 4667         lines of credit, or loans; requiring that a structural
 4668         integrity reserve study that has been performed before
 4669         the approval of a special assessment or the securing
 4670         of a line of credit or a loan be updated to reflect
 4671         certain information regarding the reserve funding
 4672         schedule; providing that a structural integrity
 4673         reserve study may be updated to reflect changes in the
 4674         useful life of the reserve items after such items are
 4675         repaired or replaced, and the effect of such repair or
 4676         replacement will have on the reserve funding schedule;
 4677         requiring an association to obtain an updated
 4678         structural integrity reserve study before adopting any
 4679         budget in which the reserve funding from regular
 4680         assessments, special assessments, lines of credit, or
 4681         loans do not align with the funding plan from the most
 4682         recent version of the structural integrity reserve
 4683         study; revising applicability; authorizing an
 4684         association to delay a required structural integrity
 4685         reserve study for a specified timeframe if it has
 4686         completed a milestone inspection or similar
 4687         inspection, for a specified purpose; requiring an
 4688         officer or a director of the association to sign an
 4689         affidavit acknowledging receipt of the completed
 4690         structural integrity reserve study; requiring the
 4691         division to adopt by rule the form for the structural
 4692         integrity reserve study in coordination with the
 4693         Florida Building Commission; amending s. 719.128,
 4694         F.S.; revising the emergency powers of a cooperative
 4695         association; amending s. 719.501, F.S.; requiring a
 4696         cooperative association to create and maintain an
 4697         online account with the division; requiring the
 4698         division to adopt rules; authorizing the division to
 4699         require cooperative associations to provide
 4700         information to the division no more than once per
 4701         year; providing an exception; requiring the division
 4702         to provide associations a specified timeframe to
 4703         provide any required information; specifying the
 4704         information the division may request; amending s.
 4705         719.503, F.S.; revising the disclosures required to be
 4706         included in a contract for the sale and resale of an
 4707         interest in a cooperative; amending s. 914.21, F.S.;
 4708         revising the definition of the term “official
 4709         investigation”; reenacting s. 468.436(2)(b), F.S.,
 4710         relating to disciplinary proceedings, to incorporate
 4711         the amendment made to s. 468.4335, F.S., in a
 4712         reference thereto; reenacting ss. 718.106(2)(b),
 4713         718.117(4), 718.403(1)(d), and 718.405(4), F.S.,
 4714         relating to condominium appurtenances, termination of
 4715         condominium, phase condominiums, and
 4716         multicondominiums, respectively, to incorporate the
 4717         amendment made to s. 718.110, F.S., in references
 4718         thereto; reenacting s. 721.13(3)(e), F.S., relating to
 4719         management, to incorporate the amendment made to s.
 4720         718.111, F.S., in a reference thereto; reenacting ss.
 4721         718.504(7)(a) and (21)(c) and 718.618(1)(d), F.S.,
 4722         relating to prospectus or offering circulars and
 4723         converter reserve accounts and warranties,
 4724         respectively, to incorporate the amendment made to s.
 4725         718.112, F.S., in references thereto; reenacting s.
 4726         718.115(1)(e), F.S., relating to common expenses and
 4727         common surpluses, to incorporate the amendment made in
 4728         s. 718.113, F.S., in a reference thereto; reenacting
 4729         s. 718.706(1) and (3), F.S., relating to specific
 4730         provisions pertaining to offering of units by bulk
 4731         assignees or bulk buyers, to incorporate the
 4732         amendments made to ss. 718.111, 718.112, and 718.503,
 4733         F.S., in references thereto; reenacting s. 718.705(2),
 4734         F.S., relating to the transfer of control of the board
 4735         of administration, to incorporate the amendment made
 4736         to s. 718.301, F.S., in a reference thereto;
 4737         reenacting ss. 719.103(24) and 719.504(7)(a) and
 4738         (20)(c), F.S., relating to definitions and prospectus
 4739         or offering circulars, respectively, to incorporate
 4740         the amendment made to s. 719.106, F.S., in references
 4741         thereto; providing effective dates.