Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 913
       
       
       
       
       
       
                                Ì831848JÎ831848                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 1/AE/2R         .            Floor: C            
             04/30/2025 12:32 PM       .      04/30/2025 04:04 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 paragraph (a) of subsection (3) and
  224  subsection (11) of that section are amended, to read:
  225         553.899 Mandatory structural inspections for condominium
  226  and cooperative buildings.—
  227         (3)(a) An owner or owners of a building that is three
  228  habitable stories or more in height as determined by the Florida
  229  Building Code and that is subject, in whole or in part, to the
  230  condominium or cooperative form of ownership as a residential
  231  condominium under chapter 718 or a residential cooperative under
  232  chapter 719 must have a milestone inspection performed by
  233  December 31 of the year in which the building reaches 30 years
  234  of age, based on the date the certificate of occupancy for the
  235  building was issued, and every 10 years thereafter. If a
  236  building reached 30 years of age before July 1, 2022, the
  237  building’s initial milestone inspection must be performed before
  238  December 31, 2024. If a building reaches 30 years of age on or
  239  after July 1, 2022, and before December 31, 2024, the building’s
  240  initial milestone inspection must be performed before December
  241  31, 2025. If the date of issuance for the certificate of
  242  occupancy is not available, the date of issuance of the
  243  building’s certificate of occupancy shall be the date of
  244  occupancy evidenced in any record of the local building
  245  official.
  246         (11) A board of county commissioners or municipal governing
  247  body shall may adopt an ordinance requiring that a condominium
  248  or cooperative association and any other owner that is subject
  249  to this section schedule or commence repairs for substantial
  250  structural deterioration within a specified timeframe after the
  251  local enforcement agency receives a phase two inspection report;
  252  however, such repairs must be commenced within 365 days after
  253  receiving such report. If an owner of the building fails to
  254  submit proof to the local enforcement agency that repairs have
  255  been scheduled or have commenced for substantial structural
  256  deterioration identified in a phase two inspection report within
  257  the required timeframe, the local enforcement agency must review
  258  and determine if the building is unsafe for human occupancy.
  259         (12) A licensed architect or engineer who bids to perform a
  260  milestone inspection must disclose in writing to the association
  261  his or her intent to bid on any services related to any
  262  maintenance, repair, or replacement which may be recommended by
  263  the milestone inspection. Any design professional as defined in
  264  s. 558.002 or contractor licensed under chapter 489 who submits
  265  a bid to the association for performing any services recommended
  266  by the milestone inspection may not have an interest, directly
  267  or indirectly, in the firm or entity providing the milestone
  268  inspection or be a relative of any person having a direct or
  269  indirect interest in such firm, unless such relationship is
  270  disclosed to the association in writing. As used in this
  271  section, the term “relative” means a relative within the third
  272  degree of consanguinity by blood or marriage. A contract for
  273  services is voidable and terminates upon the association filing
  274  a written notice terminating the contract if the design
  275  professional or licensed contractor failed to provide the
  276  written disclosure of the relationship required under this
  277  subsection. A design professional or licensed contractor may be
  278  subject to discipline under the applicable practice act for his
  279  or her profession for failure to provide the written disclosure
  280  of the relationship, as required under this subsection.
  281         (13)(a)On or before December 31 2025, and on or before
  282  each December 31 thereafter, the local enforcement agency
  283  responsible for milestone inspections shall provide the
  284  department, in an electronic format determined by the
  285  department, information that must include, but is not limited
  286  to:
  287         1.The number of buildings required to have a milestone
  288  inspection within the agency’s jurisdiction.
  289         2.The number of buildings for which a phase one milestone
  290  inspection has been completed.
  291         3.The number of buildings granted an extension under
  292  paragraph (3)(c).
  293         4.The number of buildings required to have a phase two
  294  milestone inspection.
  295         5.The number of buildings for which a phase two milestone
  296  inspection has been completed.
  297         6.The number, type, and value of permit applications
  298  received to complete repairs required by a phase two milestone
  299  inspection.
  300         7.A list of buildings deemed to be unsafe or uninhabitable
  301  as determined by a milestone inspection.
  302         8.The license number of the building code administrator
  303  responsible for milestone inspections for the local enforcement
  304  agency.
  305         (b)The department shall provide to the Office of Program
  306  Policy Analysis and Government Accountability (OPPAGA) all
  307  information obtained from the local enforcement agencies under
  308  paragraph (a) by the date specified and in a manner prescribed
  309  by OPPAGA. OPPAGA may request from a local enforcement agency
  310  any additional information necessary to compile the information
  311  and provide a report to the President of the Senate and the
  312  Speaker of the House of Representatives.
  313         Section 5. Present subsections (33) and (34) of section
  314  718.103, Florida Statutes, are redesignated as subsections (34)
  315  and (35), respectively, a new subsection (33) is added to that
  316  section, and subsection (1) of that section is amended, to read:
  317         718.103 Definitions.—As used in this chapter, the term:
  318         (1) “Alternative funding method” means a method approved by
  319  the division for funding the capital expenditures and deferred
  320  maintenance obligations for a multicondominium association
  321  operating at least 25 condominiums which may reasonably be
  322  expected to fully satisfy the association’s reserve funding
  323  obligations by the allocation of funds in the annual operating
  324  budget.
  325         (33) Video conference” means a real-time audio and video
  326  based meeting between two or more people in different locations
  327  using video-enabled and audio-enabled devices. The notice for
  328  any meeting that will be conducted by video conference must have
  329  a hyperlink and call-in conference telephone number for unit
  330  owners to attend the meeting and must have a physical location
  331  where unit owners can also attend the meeting in person. All
  332  meetings conducted by video conference must be recorded, and
  333  such recording must be maintained as an official record of the
  334  association.
  335         Section 6. Subsections (4) and (10) of section 718.110,
  336  Florida Statutes, are amended to read:
  337         718.110 Amendment of declaration; correction of error or
  338  omission in declaration by circuit court.—
  339         (4)(a)Subject to paragraph (b), unless otherwise provided
  340  in the declaration as originally recorded, an no amendment may
  341  not change the configuration or size of any unit in any material
  342  fashion, materially alter or modify the appurtenances to the
  343  unit, or change the proportion or percentage by which the unit
  344  owner shares the common expenses of the condominium and owns the
  345  common surplus of the condominium unless the record owner of the
  346  unit and all record owners of liens on the unit join in the
  347  execution of the amendment and unless all the record owners of
  348  all other units in the same condominium approve the amendment.
  349  The acquisition of property by the association and material
  350  alterations or substantial additions to such property or the
  351  common elements by the association in accordance with s.
  352  718.111(7) or s. 718.113, and amendments providing for the
  353  transfer of use rights in limited common elements pursuant to s.
  354  718.106(2)(b) may not be considered shall not be deemed to
  355  constitute a material alteration or modification of the
  356  appurtenances to the units. Except as provided in paragraph (b),
  357  a declaration recorded after April 1, 1992, may not require the
  358  approval of less than a majority of total voting interests of
  359  the condominium for amendments under this subsection, unless
  360  otherwise required by a governmental entity.
  361         (b)Notwithstanding subsection (14), the declaration of a
  362  nonresidential condominium formed on or after July 1, 2025, may
  363  be amended to change the configuration or size of a unit in any
  364  material fashion, materially alter or modify the appurtenances
  365  to the unit, or change the proportion or percentage by which the
  366  unit owner shares the common expenses of the condominium and
  367  owns the common surplus of the condominium, if the record owners
  368  of all affected units and all record owners of liens on the
  369  affected units join in the execution of the amendment. The
  370  approval of the record owners of the nonaffected units in such
  371  condominium is not required.
  372         (10) If there is an omission or error in a declaration of
  373  condominium, or any other document required to establish the
  374  condominium, and the omission or error would affect the valid
  375  existence of the condominium, the circuit court may entertain a
  376  petition of one or more of the unit owners in the condominium,
  377  or of the association, to correct the error or omission, and the
  378  action may be a class action. The court may require that one or
  379  more methods of correcting the error or omission be submitted to
  380  the unit owners to determine the most acceptable correction. All
  381  unit owners, the association, and the mortgagees of a first
  382  mortgage of record must be joined as parties to the action.
  383  Service of process on unit owners may be by publication, but the
  384  plaintiff must furnish every unit owner not personally served
  385  with process with a copy of the petition and final decree of the
  386  court by certified mail, return receipt requested, at the unit
  387  owner’s last known residence address as reflected in the
  388  association’s official records. If an action to determine
  389  whether the declaration or another condominium document complies
  390  with the mandatory requirements for the formation of a
  391  condominium is not brought within 3 years of the recording of
  392  the certificate of a surveyor and mapper pursuant to s.
  393  718.104(4)(e) or the recording of an instrument that transfers
  394  title to a unit in the condominium which is not accompanied by a
  395  recorded assignment of developer rights in favor of the grantee
  396  of such unit, whichever occurs first, the declaration and other
  397  documents will effectively create a condominium, as of the date
  398  the declaration was recorded, regardless of whether the
  399  documents substantially comply with the mandatory requirements
  400  of law. However, both before and after the expiration of this 3
  401  year period, the circuit court has jurisdiction to entertain a
  402  petition permitted under this subsection for the correction of
  403  the documentation, and other methods of amendment may be
  404  utilized to correct the errors or omissions at any time.
  405         Section 7. Paragraph (a) of subsection (11), paragraphs
  406  (a), (c), and (g) of subsection (12), and subsection (13) of
  407  section 718.111, Florida Statutes, are amended, paragraphs (g),
  408  (h), and (i) are added to subsection (3) of that section, and
  409  subsection (16) is added to that section, to read:
  410         718.111 The association.—
  411         (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
  412  SUE, AND BE SUED; CONFLICT OF INTEREST.—
  413         (g) If an association contracts with a community
  414  association manager or a community association management firm,
  415  the community association manager or community association
  416  management firm must possess all applicable licenses required by
  417  part VIII of chapter 468. All board members or officers of an
  418  association that contracts with a community association manager
  419  or a community association management firm have a duty to ensure
  420  that the community association manager or community association
  421  management firm is properly licensed before entering into a
  422  contract.
  423         (h) If a contract is between a community association
  424  manager and the association, and the community association
  425  manager has his or her license suspended or revoked during the
  426  term of a contract with the association, the association may
  427  terminate the contract upon delivery of a written notice to the
  428  community association manager whose license has been revoked or
  429  suspended, effective on the date the community association
  430  manager became unlicensed.
  431         (i) If a community association management firm has its
  432  license suspended or revoked during the term of a contract with
  433  the association, the association may terminate the contract upon
  434  delivery of a written notice to the community association
  435  management firm whose license has been revoked or suspended,
  436  effective on the date the community association management firm
  437  became unlicensed.
  438         (11) INSURANCE.—In order to protect the safety, health, and
  439  welfare of the people of this state of the State of Florida and
  440  to ensure consistency in the provision of insurance coverage to
  441  condominiums and their unit owners, this subsection applies to
  442  every residential condominium in this the state, regardless of
  443  the date of its declaration of condominium. It is the intent of
  444  the Legislature to encourage lower or stable insurance premiums
  445  for associations described in this subsection.
  446         (a) Every condominium association shall have adequate
  447  property insurance as determined under this paragraph,
  448  regardless of any requirement in the declaration of condominium
  449  for certain coverage by the association for full insurable
  450  value, replacement cost, or similar coverage, must be based on
  451  the replacement cost of the property to be insured as determined
  452  by an independent insurance appraisal or update of a prior
  453  appraisal. The replacement cost must be determined at least once
  454  every 36 months.
  455         1. An association or group of associations may provide
  456  adequate property insurance as determined under this paragraph
  457  through a self-insurance fund that complies with the
  458  requirements of ss. 624.460-624.488.
  459         2. The amount of adequate insurance coverage for full
  460  insurable value, replacement cost, or similar coverage may be
  461  based on the replacement cost of the property to be insured, as
  462  determined by an independent insurance appraisal or an update of
  463  a previous appraisal. The replacement cost must be determined at
  464  least once every 3 years, at minimum.
  465         3. The association’s obligation to obtain and association
  466  may also provide adequate property insurance coverage for a
  467  group of at least three communities created and operating under
  468  this chapter, chapter 719, chapter 720, or chapter 721 may be
  469  satisfied by obtaining and maintaining for such communities
  470  insurance coverage sufficient to cover an amount equal to the
  471  probable maximum loss for the communities for a 250-year
  472  windstorm event.
  473         a. Such probable maximum loss must be determined through
  474  the use of a competent model that has been accepted by the
  475  Florida Commission on Hurricane Loss Projection Methodology.
  476         b. A policy or program providing such coverage may not be
  477  issued or renewed after July 1, 2008, unless it has been
  478  reviewed and approved by the Office of Insurance Regulation. The
  479  review and approval must include approval of the policy and
  480  related forms pursuant to ss. 627.410 and 627.411, approval of
  481  the rates pursuant to s. 627.062, a determination that the loss
  482  model approved by the commission was accurately and
  483  appropriately applied to the insured structures to determine the
  484  250-year probable maximum loss, and a determination that
  485  complete and accurate disclosure of all material provisions is
  486  provided to condominium unit owners before execution of the
  487  agreement by a condominium association.
  488         4.3. When determining the adequate amount of property
  489  insurance coverage, the association may consider deductibles as
  490  determined by this subsection.
  491         (12) OFFICIAL RECORDS.—
  492         (a) From the inception of the association, the association
  493  shall maintain each of the following items, if applicable, which
  494  constitutes the official records of the association:
  495         1. A copy of the plans, permits, warranties, and other
  496  items provided by the developer under s. 718.301(4).
  497         2. A copy photocopy of the recorded declaration of
  498  condominium of each condominium operated by the association and
  499  each amendment to each declaration.
  500         3. A copy photocopy of the recorded bylaws of the
  501  association and each amendment to the bylaws.
  502         4. A certified copy of the articles of incorporation of the
  503  association, or other documents creating the association, and
  504  each amendment thereto.
  505         5. A copy of the current rules of the association.
  506         6. A book or books or electronic records that contain the
  507  minutes of all meetings of the association, the board of
  508  administration, any committee, and the unit owners, and a
  509  recording of all such meetings that are conducted by video
  510  conference. If there are approved minutes for a meeting held by
  511  video conference, recordings of meetings that are conducted by
  512  video conference must be maintained for at least 1 year after
  513  the date the video recording is posted as required under
  514  paragraph (g).
  515         7. A current roster of all unit owners and their mailing
  516  addresses, unit identifications, voting certifications, and, if
  517  known, telephone numbers. The association shall also maintain
  518  the e-mail addresses and facsimile numbers of unit owners
  519  consenting to receive notice by electronic transmission. In
  520  accordance with sub-subparagraph (c)5.e., the e-mail addresses
  521  and facsimile numbers are only accessible to unit owners if
  522  consent to receive notice by electronic transmission is
  523  provided, or if the unit owner has expressly indicated that such
  524  personal information can be shared with other unit owners and
  525  the unit owner has not provided the association with a request
  526  to opt out of such dissemination with other unit owners. An
  527  association must ensure that the e-mail addresses and facsimile
  528  numbers are only used for the business operation of the
  529  association and may not be sold or shared with outside third
  530  parties. If such personal information is included in documents
  531  that are released to third parties, other than unit owners, the
  532  association must redact such personal information before the
  533  document is disseminated. However, the association is not liable
  534  for an inadvertent disclosure of the e-mail address or facsimile
  535  number for receiving electronic transmission of notices unless
  536  such disclosure was made with a knowing or intentional disregard
  537  of the protected nature of such information.
  538         8. All current insurance policies of the association and
  539  condominiums operated by the association.
  540         9. A current copy of any management agreement, lease, or
  541  other contract to which the association is a party or under
  542  which the association or the unit owners have an obligation or
  543  responsibility.
  544         10. Bills of sale or transfer for all property owned by the
  545  association.
  546         11. Accounting records for the association and separate
  547  accounting records for each condominium that the association
  548  operates. Any person who knowingly or intentionally defaces or
  549  destroys such records, or who knowingly or intentionally fails
  550  to create or maintain such records, with the intent of causing
  551  harm to the association or one or more of its members, is
  552  personally subject to a civil penalty pursuant to s.
  553  718.501(1)(e). The accounting records must include, but are not
  554  limited to:
  555         a. Accurate, itemized, and detailed records of all receipts
  556  and expenditures, including all bank statements and ledgers.
  557         b. All invoices, transaction receipts, or deposit slips
  558  that substantiate any receipt or expenditure of funds by the
  559  association.
  560         c. A current account and a monthly, bimonthly, or quarterly
  561  statement of the account for each unit designating the name of
  562  the unit owner, the due date and amount of each assessment, the
  563  amount paid on the account, and the balance due.
  564         d. All audits, reviews, accounting statements, structural
  565  integrity reserve studies, and financial reports of the
  566  association or condominium. Structural integrity reserve studies
  567  must be maintained for at least 15 years after the study is
  568  completed.
  569         e. All contracts for work to be performed. Bids for work to
  570  be performed are also considered official records and must be
  571  maintained by the association for at least 1 year after receipt
  572  of the bid.
  573         12. Ballots, sign-in sheets, voting proxies, and all other
  574  papers and electronic records relating to voting by unit owners,
  575  which must be maintained for 1 year from the date of the
  576  election, vote, or meeting to which the document relates,
  577  notwithstanding paragraph (b).
  578         13. All rental records if the association is acting as
  579  agent for the rental of condominium units.
  580         14. A copy of the current question and answer sheet as
  581  described in s. 718.504.
  582         15. A copy of the inspection reports described in ss.
  583  553.899 and 718.301(4)(p) and any other inspection report
  584  relating to a structural or life safety inspection of
  585  condominium property. Such record must be maintained by the
  586  association for 15 years after receipt of the report.
  587         16. Bids for materials, equipment, or services.
  588         17. All affirmative acknowledgments made pursuant to s.
  589  718.121(4)(c).
  590         18. A copy of all building permits.
  591         19. A copy of all satisfactorily completed board member
  592  educational certificates.
  593         20.A copy of all affidavits required by this chapter.
  594         21.20. All other written records of the association not
  595  specifically included in the foregoing which are related to the
  596  operation of the association.
  597         (c)1.a. The official records of the association are open to
  598  inspection by any association member and any person authorized
  599  by an association member as a representative of such member at
  600  all reasonable times. The right to inspect the records includes
  601  the right to make or obtain copies, at the reasonable expense,
  602  if any, of the member and of the person authorized by the
  603  association member as a representative of such member. A renter
  604  of a unit has a right to inspect and copy only the declaration
  605  of condominium, the association’s bylaws and rules, and the
  606  inspection reports described in ss. 553.899 and 718.301(4)(p).
  607  The association may adopt reasonable rules regarding the
  608  frequency, time, location, notice, and manner of record
  609  inspections and copying but may not require a member to
  610  demonstrate any purpose or state any reason for the inspection.
  611  The failure of an association to provide the records within 10
  612  working days after receipt of a written request creates a
  613  rebuttable presumption that the association willfully failed to
  614  comply with this paragraph. A unit owner who is denied access to
  615  official records is entitled to the actual damages or minimum
  616  damages for the association’s willful failure to comply. Minimum
  617  damages are $50 per calendar day for up to 10 days, beginning on
  618  the 11th working day after receipt of the written request. The
  619  failure to permit inspection entitles any person prevailing in
  620  an enforcement action to recover reasonable attorney fees from
  621  the person in control of the records who, directly or
  622  indirectly, knowingly denied access to the records. If the
  623  requested records are posted on an association’s website, or are
  624  available for download through an application on a mobile
  625  device, the association may fulfill its obligations under this
  626  paragraph by directing to the website or the application all
  627  persons authorized to request access.
  628         b. In response to a written request to inspect records, the
  629  association must simultaneously provide to the requestor a
  630  checklist of all records made available for inspection and
  631  copying. The checklist must also identify any of the
  632  association’s official records that were not made available to
  633  the requestor. An association must maintain a checklist provided
  634  under this sub-subparagraph for 7 years. An association
  635  delivering a checklist pursuant to this sub-subparagraph creates
  636  a rebuttable presumption that the association has complied with
  637  this paragraph.
  638         2. A director or member of the board or association or a
  639  community association manager who willfully and knowingly or
  640  intentionally knowingly, willfully, and repeatedly violates
  641  subparagraph 1. commits a misdemeanor of the second degree,
  642  punishable as provided in s. 775.082 or s. 775.083, and must be
  643  removed from office and a vacancy declared. For purposes of this
  644  subparagraph, the term “repeatedly” means two or more violations
  645  within a 12-month period.
  646         3. A Any person who willfully and knowingly or
  647  intentionally defaces or destroys accounting records that are
  648  required by this chapter to be maintained during the period for
  649  which such records are required to be maintained, or who
  650  willfully and knowingly or intentionally fails to create or
  651  maintain accounting records that are required to be created or
  652  maintained, with the intent of causing harm to the association
  653  or one or more of its members, commits a misdemeanor of the
  654  first degree, punishable as provided in s. 775.082 or s.
  655  775.083; is personally subject to a civil penalty pursuant to s.
  656  718.501(1)(d); and must be removed from office and a vacancy
  657  declared.
  658         4. A person who willfully and knowingly or intentionally
  659  refuses to release or otherwise produce association records with
  660  the intent to avoid or escape detection, arrest, trial, or
  661  punishment for the commission of a crime, or to assist another
  662  person with such avoidance or escape, commits a felony of the
  663  third degree, punishable as provided in s. 775.082, s. 775.083,
  664  or s. 775.084, and must be removed from office and a vacancy
  665  declared.
  666         5. The association shall maintain an adequate number of
  667  copies of the declaration, articles of incorporation, bylaws,
  668  and rules, and all amendments to each of the foregoing, as well
  669  as the question and answer sheet as described in s. 718.504 and
  670  the most recent annual financial statement and annual budget
  671  year-end financial information required under this section, on
  672  the condominium property to ensure their availability to unit
  673  owners and prospective purchasers, and may charge its actual
  674  costs for preparing and furnishing these documents to those
  675  requesting the documents. An association shall allow a member or
  676  his or her authorized representative to use a portable device,
  677  including a smartphone, tablet, portable scanner, or any other
  678  technology capable of scanning or taking photographs, to make an
  679  electronic copy of the official records in lieu of the
  680  association’s providing the member or his or her authorized
  681  representative with a copy of such records. The association may
  682  not charge a member or his or her authorized representative for
  683  the use of a portable device. Notwithstanding this paragraph,
  684  the following records are not accessible to unit owners:
  685         a. Any record protected by the lawyer-client privilege as
  686  described in s. 90.502 and any record protected by the work
  687  product privilege, including a record prepared by an association
  688  attorney or prepared at the attorney’s express direction, which
  689  reflects a mental impression, conclusion, litigation strategy,
  690  or legal theory of the attorney or the association, and which
  691  was prepared exclusively for civil or criminal litigation or for
  692  adversarial administrative proceedings, or which was prepared in
  693  anticipation of such litigation or proceedings until the
  694  conclusion of the litigation or proceedings.
  695         b. Information obtained by an association in connection
  696  with the approval of the lease, sale, or other transfer of a
  697  unit.
  698         c. Personnel records of association or management company
  699  employees, including, but not limited to, disciplinary, payroll,
  700  health, and insurance records. For purposes of this sub
  701  subparagraph, the term “personnel records” does not include
  702  written employment agreements with an association employee or
  703  management company, or budgetary or financial records that
  704  indicate the compensation paid to an association employee.
  705         d. Medical records of unit owners.
  706         e. Social security numbers, driver license numbers, credit
  707  card numbers, e-mail addresses, telephone numbers, facsimile
  708  numbers, emergency contact information, addresses of a unit
  709  owner other than as provided to fulfill the association’s notice
  710  requirements, and other personal identifying information of any
  711  person, excluding the person’s name, unit designation, mailing
  712  address, property address, and any address, e-mail address, or
  713  facsimile number provided to the association to fulfill the
  714  association’s notice requirements. Notwithstanding the
  715  restrictions in this sub-subparagraph, an association may print
  716  and distribute to unit owners a directory containing the name,
  717  unit address, and all telephone numbers of each unit owner.
  718  However, an owner may exclude his or her telephone numbers from
  719  the directory by so requesting in writing to the association. An
  720  owner may consent in writing to the disclosure of other contact
  721  information described in this sub-subparagraph. The association
  722  is not liable for the inadvertent disclosure of information that
  723  is protected under this sub-subparagraph if the information is
  724  included in an official record of the association and is
  725  voluntarily provided by an owner and not requested by the
  726  association.
  727         f. Electronic security measures that are used by the
  728  association to safeguard data, including passwords.
  729         g. The software and operating system used by the
  730  association which allow the manipulation of data, even if the
  731  owner owns a copy of the same software used by the association.
  732  The data is part of the official records of the association.
  733         h. All affirmative acknowledgments made pursuant to s.
  734  718.121(4)(c).
  735         (g)1. By January 1, 2019, an association managing a
  736  condominium with 150 or more units which does not contain
  737  timeshare units shall post digital copies of the documents
  738  specified in subparagraph 2. on its website or make such
  739  documents available through an application that can be
  740  downloaded on a mobile device. Unless a shorter period is
  741  otherwise required, a document must be made available on the
  742  association’s website or made available for download through an
  743  application on a mobile device within 30 days after the
  744  association receives or creates an official record specified in
  745  subparagraph 2.
  746         a. The association’s website or application must be:
  747         (I) An independent website, application, or web portal
  748  wholly owned and operated by the association; or
  749         (II) A website, application, or web portal operated by a
  750  third-party provider with whom the association owns, leases,
  751  rents, or otherwise obtains the right to operate a web page,
  752  subpage, web portal, collection of subpages or web portals, or
  753  an application which is dedicated to the association’s
  754  activities and on which required notices, records, and documents
  755  may be posted or made available by the association.
  756         b. The association’s website or application must be
  757  accessible through the Internet and must contain a subpage, web
  758  portal, or other protected electronic location that is
  759  inaccessible to the general public and accessible only to unit
  760  owners and employees of the association.
  761         c. Upon a unit owner’s written request, the association
  762  must provide the unit owner with a username and password and
  763  access to the protected sections of the association’s website or
  764  application which contain any notices, records, or documents
  765  that must be electronically provided.
  766         2. A current copy of the following documents must be posted
  767  in digital format on the association’s website or application:
  768         a. The recorded declaration of condominium of each
  769  condominium operated by the association and each amendment to
  770  each declaration.
  771         b. The recorded bylaws of the association and each
  772  amendment to the bylaws.
  773         c. The articles of incorporation of the association, or
  774  other documents creating the association, and each amendment to
  775  the articles of incorporation or other documents. The copy
  776  posted pursuant to this sub-subparagraph must be a copy of the
  777  articles of incorporation filed with the Department of State.
  778         d. The rules of the association.
  779         e.The approved minutes of all board of administration
  780  meetings over the preceding 12 months.
  781         f.The video recording or a hyperlink to the video
  782  recording for all meetings of the association, the board of
  783  administration, any committee, and the unit owners which are
  784  conducted by video conference over the preceding 12 months.
  785         g.e. A list of all executory contracts or documents to
  786  which the association is a party or under which the association
  787  or the unit owners have an obligation or responsibility and,
  788  after bidding for the related materials, equipment, or services
  789  has closed, a list of bids received by the association within
  790  the past year. Summaries of bids for materials, equipment, or
  791  services which exceed $500 must be maintained on the website or
  792  application for 1 year. In lieu of summaries, complete copies of
  793  the bids may be posted.
  794         h.f. The annual budget required by s. 718.112(2)(f) and any
  795  proposed budget to be considered at the annual meeting.
  796         i.g. The financial report required by subsection (13) and
  797  any monthly income or expense statement to be considered at a
  798  meeting.
  799         j.h. The certification of each director required by s.
  800  718.112(2)(d)4.b.
  801         k.i. All contracts or transactions between the association
  802  and any director, officer, corporation, firm, or association
  803  that is not an affiliated condominium association or any other
  804  entity in which an association director is also a director or
  805  officer and financially interested.
  806         l.j. Any contract or document regarding a conflict of
  807  interest or possible conflict of interest as provided in ss.
  808  468.4335, 468.436(2)(b)6., and 718.3027(3).
  809         m.k. The notice of any unit owner meeting and the agenda
  810  for the meeting, as required by s. 718.112(2)(d)3., no later
  811  than 14 days before the meeting. The notice must be posted in
  812  plain view on the front page of the website or application, or
  813  on a separate subpage of the website or application labeled
  814  “Notices” which is conspicuously visible and linked from the
  815  front page. The association must also post on its website or
  816  application any document to be considered and voted on by the
  817  owners during the meeting or any document listed on the agenda
  818  at least 7 days before the meeting at which the document or the
  819  information within the document will be considered.
  820         n.l. Notice of any board meeting, the agenda, and any other
  821  document required for the meeting as required by s.
  822  718.112(2)(c), which must be posted no later than the date
  823  required for notice under s. 718.112(2)(c).
  824         o.m. The inspection reports described in ss. 553.899 and
  825  718.301(4)(p) and any other inspection report relating to a
  826  structural or life safety inspection of condominium property.
  827         p.n. The association’s most recent structural integrity
  828  reserve study, if applicable.
  829         q.o. Copies of all building permits issued for ongoing or
  830  planned construction.
  831         r. A copy of all affidavits required by this chapter.
  832         3. The association shall ensure that the information and
  833  records described in paragraph (c), which are not allowed to be
  834  accessible to unit owners, are not posted on the association’s
  835  website or application. If protected information or information
  836  restricted from being accessible to unit owners is included in
  837  documents that are required to be posted on the association’s
  838  website or application, the association shall ensure the
  839  information is redacted before posting the documents.
  840  Notwithstanding the foregoing, the association or its agent is
  841  not liable for disclosing information that is protected or
  842  restricted under this paragraph unless such disclosure was made
  843  with a knowing or intentional disregard of the protected or
  844  restricted nature of such information.
  845         4. The failure of the association to post information
  846  required under subparagraph 2. is not in and of itself
  847  sufficient to invalidate any action or decision of the
  848  association’s board or its committees.
  849         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  850  the fiscal year, or annually on a date provided in the bylaws,
  851  the association shall prepare and complete, or contract for the
  852  preparation and completion of, a financial report for the
  853  preceding fiscal year. Within 21 days after the final financial
  854  report is completed by the association or received from the
  855  third party, but not later than 180 120 days after the end of
  856  the fiscal year or other date as provided in the bylaws, the
  857  association shall deliver to each unit owner by United States
  858  mail or personal delivery at the mailing address, property
  859  address, e-mail address, or facsimile number provided to fulfill
  860  the association’s notice requirements, a copy of the most recent
  861  financial report, or and a notice that a copy of the most recent
  862  financial report will be, as requested by the owner, mailed, or
  863  hand delivered, or electronically delivered via the Internet to
  864  the unit owner, without charge, within 5 business days after
  865  receipt of a written request from the unit owner. Evidence of
  866  compliance with this delivery requirement must be made by an
  867  affidavit executed by an officer or director of the association.
  868  The division shall adopt rules setting forth uniform accounting
  869  principles and standards to be used by all associations and
  870  addressing the financial reporting requirements for
  871  multicondominium associations. The rules must include, but not
  872  be limited to, standards for presenting a summary of association
  873  reserves, including a good faith estimate disclosing the annual
  874  amount of reserve funds that would be necessary for the
  875  association to fully fund reserves for each reserve item based
  876  on the straight-line accounting method. This disclosure is not
  877  applicable to reserves funded via the pooling method. In
  878  adopting such rules, the division shall consider the number of
  879  members and annual revenues of an association. Financial reports
  880  shall be prepared as follows:
  881         (a) An association that meets the criteria of this
  882  paragraph shall prepare a complete set of financial statements
  883  in accordance with generally accepted accounting principles. The
  884  financial statements must be based upon the association’s total
  885  annual revenues, as follows:
  886         1. An association with total annual revenues of $150,000 or
  887  more, but less than $300,000, shall prepare compiled financial
  888  statements.
  889         2. An association with total annual revenues of at least
  890  $300,000, but less than $500,000, shall prepare reviewed
  891  financial statements.
  892         3. An association with total annual revenues of $500,000 or
  893  more shall prepare audited financial statements.
  894         (b)1. An association with total annual revenues of less
  895  than $150,000 shall prepare a report of cash receipts and
  896  expenditures.
  897         2. A report of cash receipts and disbursements must
  898  disclose the amount of receipts by accounts and receipt
  899  classifications and the amount of expenses by accounts and
  900  expense classifications, including, but not limited to, the
  901  following, as applicable: costs for security, professional and
  902  management fees and expenses, taxes, costs for recreation
  903  facilities, expenses for refuse collection and utility services,
  904  expenses for lawn care, costs for building maintenance and
  905  repair, insurance costs, administration and salary expenses, and
  906  reserves accumulated and expended for capital expenditures,
  907  deferred maintenance, and any other category for which the
  908  association maintains reserves.
  909         (c) An association may prepare, without a meeting of or
  910  approval by the unit owners:
  911         1. Compiled, reviewed, or audited financial statements, if
  912  the association is required to prepare a report of cash receipts
  913  and expenditures;
  914         2. Reviewed or audited financial statements, if the
  915  association is required to prepare compiled financial
  916  statements; or
  917         3. Audited financial statements if the association is
  918  required to prepare reviewed financial statements.
  919         (d) If approved by a majority vote of all the voting
  920  interests present at a properly called meeting of the
  921  association, an association may prepare:
  922         1. A report of cash receipts and expenditures in lieu of a
  923  compiled, reviewed, or audited financial statement;
  924         2. A report of cash receipts and expenditures or a compiled
  925  financial statement in lieu of a reviewed or audited financial
  926  statement; or
  927         3. A report of cash receipts and expenditures, a compiled
  928  financial statement, or a reviewed financial statement in lieu
  929  of an audited financial statement.
  930  
  931  Such meeting and approval must occur before the end of the
  932  fiscal year and is effective only for the fiscal year in which
  933  the vote is taken. An association may not prepare a financial
  934  report pursuant to this paragraph for consecutive fiscal years.
  935  If the developer has not turned over control of the association,
  936  all unit owners, including the developer, may vote on issues
  937  related to the preparation of the association’s financial
  938  reports, from the date of incorporation of the association
  939  through the end of the second fiscal year after the fiscal year
  940  in which the certificate of a surveyor and mapper is recorded
  941  pursuant to s. 718.104(4)(e) or an instrument that transfers
  942  title to a unit in the condominium which is not accompanied by a
  943  recorded assignment of developer rights in favor of the grantee
  944  of such unit is recorded, whichever occurs first. Thereafter,
  945  all unit owners except the developer may vote on such issues
  946  until control is turned over to the association by the
  947  developer. Any audit or review prepared under this section shall
  948  be paid for by the developer if done before turnover of control
  949  of the association.
  950         (e) A unit owner may provide written notice to the division
  951  of the association’s failure to mail or hand deliver him or her
  952  a copy of the most recent financial report within 5 business
  953  days after he or she submitted a written request to the
  954  association for a copy of such report. If the division
  955  determines that the association failed to mail or hand deliver a
  956  copy of the most recent financial report to the unit owner, the
  957  division shall provide written notice to the association that
  958  the association must mail or hand deliver a copy of the most
  959  recent financial report to the unit owner and the division
  960  within 5 business days after it receives such notice from the
  961  division. An association that fails to comply with the
  962  division’s request may not waive the financial reporting
  963  requirement provided in paragraph (d) for the fiscal year in
  964  which the unit owner’s request was made and the following fiscal
  965  year. A financial report received by the division pursuant to
  966  this paragraph shall be maintained, and the division shall
  967  provide a copy of such report to an association member upon his
  968  or her request.
  969         (16) INVESTMENT OF ASSOCIATION FUNDS.
  970         (a) A board shall, in fulfilling its duty to manage
  971  operating and reserve funds of its association, use best efforts
  972  to make prudent investment decisions that carefully consider
  973  risk and return in an effort to maximize returns on invested
  974  funds.
  975         (b) An association, including a multicondominium
  976  association, may invest reserve funds in one or any combination
  977  of certificates of deposit or in depository accounts at a
  978  community bank, savings bank, commercial bank, savings and loan
  979  association, or credit union without a vote of the unit owners.
  980         Section 8. Paragraphs (b) through (g) of subsection (2) of
  981  section 718.112, Florida Statutes, are amended to read:
  982         718.112 Bylaws.—
  983         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  984  following and, if they do not do so, shall be deemed to include
  985  the following:
  986         (b) Quorum; voting requirements; proxies.—
  987         1. Unless a lower number is provided in the bylaws, the
  988  percentage of voting interests required to constitute a quorum
  989  at a meeting of the members is a majority of the voting
  990  interests. Unless otherwise provided in this chapter or in the
  991  declaration, articles of incorporation, or bylaws, and except as
  992  provided in subparagraph (d)4., decisions shall be made by a
  993  majority of the voting interests represented at a meeting at
  994  which a quorum is present.
  995         2. Except as specifically otherwise provided herein, unit
  996  owners in a residential condominium may not vote by general
  997  proxy, but may vote by limited proxies substantially conforming
  998  to a limited proxy form adopted by the division. A voting
  999  interest or consent right allocated to a unit owned by the
 1000  association may not be exercised or considered for any purpose,
 1001  whether for a quorum, an election, or otherwise. Limited proxies
 1002  and general proxies may be used to establish a quorum. Limited
 1003  proxies shall be used for votes taken to waive or reduce
 1004  reserves in accordance with subparagraph (f)2.; for votes taken
 1005  to waive the financial reporting requirements of s. 718.111(13);
 1006  for votes taken to amend the declaration pursuant to s. 718.110;
 1007  for votes taken to amend the articles of incorporation or bylaws
 1008  pursuant to this section; and for any other matter for which
 1009  this chapter requires or permits a vote of the unit owners.
 1010  Except as provided in paragraph (d), a proxy, limited or
 1011  general, may not be used in the election of board members in a
 1012  residential condominium. General proxies may be used for other
 1013  matters for which limited proxies are not required, and may be
 1014  used in voting for nonsubstantive changes to items for which a
 1015  limited proxy is required and given. Notwithstanding this
 1016  subparagraph, unit owners may vote in person at unit owner
 1017  meetings. This subparagraph does not limit the use of general
 1018  proxies or require the use of limited proxies for any agenda
 1019  item or election at any meeting of a timeshare condominium
 1020  association or a nonresidential condominium association.
 1021         3. A proxy given is effective only for the specific meeting
 1022  for which originally given and any lawfully adjourned meetings
 1023  thereof. A proxy is not valid longer than 90 days after the date
 1024  of the first meeting for which it was given. Each proxy is
 1025  revocable at any time at the pleasure of the unit owner
 1026  executing it.
 1027         4. A member of the board of administration or a committee
 1028  may submit in writing his or her agreement or disagreement with
 1029  any action taken at a meeting that the member did not attend.
 1030  This agreement or disagreement may not be used as a vote for or
 1031  against the action taken or to create a quorum.
 1032         5. A board meeting may be conducted in person or by video
 1033  conference. A board or committee member’s participation in a
 1034  meeting via telephone, real-time videoconferencing, or similar
 1035  real-time electronic or video communication counts toward a
 1036  quorum, and such member may vote as if physically present. A
 1037  speaker must be used so that the conversation of such members
 1038  may be heard by the board or committee members attending in
 1039  person as well as by any unit owners present at a meeting. The
 1040  division shall adopt rules pursuant to ss. 120.536 and 120.54
 1041  governing the requirements for meetings.
 1042         (c) Board of administration meetings.—In a residential
 1043  condominium association of more than 10 units, the board of
 1044  administration shall meet at least once each quarter. At least
 1045  four times each year, the meeting agenda must include an
 1046  opportunity for members to ask questions of the board. Meetings
 1047  of the board of administration at which a quorum of the members
 1048  is present are open to all unit owners. Members of the board of
 1049  administration may use e-mail as a means of communication but
 1050  may not cast a vote on an association matter via e-mail. A unit
 1051  owner may tape record or videotape the meetings. The right to
 1052  attend such meetings includes the right to speak at such
 1053  meetings with reference to all designated agenda items and the
 1054  right to ask questions relating to reports on the status of
 1055  construction or repair projects, the status of revenues and
 1056  expenditures during the current fiscal year, and other issues
 1057  affecting the condominium. The division shall adopt reasonable
 1058  rules governing the tape recording and videotaping of the
 1059  meeting. The association may adopt written reasonable rules
 1060  governing the frequency, duration, and manner of unit owner
 1061  statements.
 1062         1. Adequate notice of all board meetings, which must
 1063  specifically identify all agenda items, must be posted
 1064  conspicuously on the condominium property at least 48 continuous
 1065  hours before the meeting except in an emergency. If the board
 1066  meeting is to be conducted via video conference, the notice must
 1067  state that such meeting will be via video conference and must
 1068  include a hyperlink and a conference telephone number for unit
 1069  owners to attend the meeting via video conference, as well as
 1070  the address of the physical location where the unit owners can
 1071  attend the meeting in person. If the meeting is conducted via
 1072  video conference, it must be recorded and such recording must be
 1073  maintained as an official record of the association. If 20
 1074  percent of the voting interests petition the board to address an
 1075  item of business, the board, within 60 days after receipt of the
 1076  petition, shall place the item on the agenda at its next regular
 1077  board meeting or at a special meeting called for that purpose.
 1078  An item not included on the notice may be taken up on an
 1079  emergency basis by a vote of at least a majority plus one of the
 1080  board members. Such emergency action must be noticed and
 1081  ratified at the next regular board meeting. Written notice of a
 1082  meeting at which a nonemergency special assessment or an
 1083  amendment to rules regarding unit use will be considered must be
 1084  mailed, delivered, or electronically transmitted to the unit
 1085  owners and posted conspicuously on the condominium property at
 1086  least 14 days before the meeting. Evidence of compliance with
 1087  this 14-day notice requirement must be made by an affidavit
 1088  executed by the person providing the notice and filed with the
 1089  official records of the association.
 1090         2. Upon notice to the unit owners, the board shall, by duly
 1091  adopted rule, designate a specific location on the condominium
 1092  property at which all notices of board meetings must be posted.
 1093  If there is no condominium property at which notices can be
 1094  posted, notices shall be mailed, delivered, or electronically
 1095  transmitted to each unit owner at least 14 days before the
 1096  meeting. In lieu of or in addition to the physical posting of
 1097  the notice on the condominium property, the association may, by
 1098  reasonable rule, adopt a procedure for conspicuously posting and
 1099  repeatedly broadcasting the notice and the agenda on a closed
 1100  circuit cable television system serving the condominium
 1101  association. However, if broadcast notice is used in lieu of a
 1102  notice physically posted on condominium property, the notice and
 1103  agenda must be broadcast at least four times every broadcast
 1104  hour of each day that a posted notice is otherwise required
 1105  under this section. If broadcast notice is provided, the notice
 1106  and agenda must be broadcast in a manner and for a sufficient
 1107  continuous length of time so as to allow an average reader to
 1108  observe the notice and read and comprehend the entire content of
 1109  the notice and the agenda. In addition to any of the authorized
 1110  means of providing notice of a meeting of the board, the
 1111  association may, by rule, adopt a procedure for conspicuously
 1112  posting the meeting notice and the agenda on a website serving
 1113  the condominium association for at least the minimum period of
 1114  time for which a notice of a meeting is also required to be
 1115  physically posted on the condominium property. Any rule adopted
 1116  shall, in addition to other matters, include a requirement that
 1117  the association send an electronic notice in the same manner as
 1118  a notice for a meeting of the members, which must include a
 1119  hyperlink to the website at which the notice is posted, to unit
 1120  owners whose e-mail addresses are included in the association’s
 1121  official records.
 1122         3. Notice of any meeting in which regular or special
 1123  assessments against unit owners are to be considered must
 1124  specifically state that assessments will be considered and
 1125  provide the estimated cost and description of the purposes for
 1126  such assessments. If an agenda item relates to the approval of a
 1127  contract for goods or services, a copy of the contract must be
 1128  provided with the notice and be made available for inspection
 1129  and copying upon a written request from a unit owner or made
 1130  available on the association’s website or through an application
 1131  that can be downloaded on a mobile device.
 1132         4. Meetings of a committee to take final action on behalf
 1133  of the board or make recommendations to the board regarding the
 1134  association budget are subject to this paragraph. Meetings of a
 1135  committee that does not take final action on behalf of the board
 1136  or make recommendations to the board regarding the association
 1137  budget are subject to this section, unless those meetings are
 1138  exempted from this section by the bylaws of the association.
 1139         5. Notwithstanding any other law, the requirement that
 1140  board meetings and committee meetings be open to the unit owners
 1141  does not apply to:
 1142         a. Meetings between the board or a committee and the
 1143  association’s attorney, with respect to proposed or pending
 1144  litigation, if the meeting is held for the purpose of seeking or
 1145  rendering legal advice; or
 1146         b. Board meetings held for the purpose of discussing
 1147  personnel matters.
 1148         (d) Unit owner meetings.—
 1149         1. An annual meeting of the unit owners must be held at the
 1150  location provided in the association bylaws and, if the bylaws
 1151  are silent as to the location, the meeting must be held within
 1152  15 45 miles of the condominium property or within the same
 1153  county as the condominium property. However, such distance
 1154  requirement does not apply to an association governing a
 1155  timeshare condominium. If a unit owner meeting is conducted via
 1156  video conference, a unit owner may vote electronically in the
 1157  manner provided in s. 718.128.
 1158         2. Unit owner meetings, including the annual meeting of the
 1159  unit owners, may be conducted in person or via video conference.
 1160  If the annual meeting of the unit owners is conducted via video
 1161  conference, a quorum of the members of the board of
 1162  administration must be physically present at the physical
 1163  location where unit owners can attend the meeting. The location
 1164  must be provided in the association bylaws and, if the bylaws
 1165  are silent as to the location, the meeting must be held within
 1166  15 miles of the condominium property or within the same county
 1167  as the condominium property. If the unit owner meeting is
 1168  conducted via video conference, the video conference must be
 1169  recorded and such recording must be maintained as an official
 1170  record of the association. The division shall adopt rules
 1171  pursuant to ss. 120.536 and 120.54 governing the requirements
 1172  for meetings.
 1173         3.2. Unless the bylaws provide otherwise, a vacancy on the
 1174  board caused by the expiration of a director’s term must be
 1175  filled by electing a new board member, and the election must be
 1176  by secret ballot. An election is not required if the number of
 1177  vacancies equals or exceeds the number of candidates. For
 1178  purposes of this paragraph, the term “candidate” means an
 1179  eligible person who has timely submitted the written notice, as
 1180  described in sub-subparagraph 4.a., of his or her intention to
 1181  become a candidate. Except in a timeshare or nonresidential
 1182  condominium, or if the staggered term of a board member does not
 1183  expire until a later annual meeting, or if all members’ terms
 1184  would otherwise expire but there are no candidates, the terms of
 1185  all board members expire at the annual meeting, and such members
 1186  may stand for reelection unless prohibited by the bylaws. Board
 1187  members may serve terms longer than 1 year if permitted by the
 1188  bylaws or articles of incorporation. A board member may not
 1189  serve more than 8 consecutive years unless approved by an
 1190  affirmative vote of unit owners representing two-thirds of all
 1191  votes cast in the election or unless there are not enough
 1192  eligible candidates to fill the vacancies on the board at the
 1193  time of the vacancy. Only board service that occurs on or after
 1194  July 1, 2018, may be used when calculating a board member’s term
 1195  limit. If the number of board members whose terms expire at the
 1196  annual meeting equals or exceeds the number of candidates, the
 1197  candidates become members of the board effective upon the
 1198  adjournment of the annual meeting. Unless the bylaws provide
 1199  otherwise, any remaining vacancies shall be filled by the
 1200  affirmative vote of the majority of the directors making up the
 1201  newly constituted board even if the directors constitute less
 1202  than a quorum or there is only one director. In a residential
 1203  condominium association of more than 10 units or in a
 1204  residential condominium association that does not include
 1205  timeshare units or timeshare interests, co-owners of a unit may
 1206  not serve as members of the board of directors at the same time
 1207  unless they own more than one unit or unless there are not
 1208  enough eligible candidates to fill the vacancies on the board at
 1209  the time of the vacancy. A unit owner in a residential
 1210  condominium desiring to be a candidate for board membership must
 1211  comply with sub-subparagraph 4.a. and must be eligible to be a
 1212  candidate to serve on the board of directors at the time of the
 1213  deadline for submitting a notice of intent to run in order to
 1214  have his or her name listed as a proper candidate on the ballot
 1215  or to serve on the board. A person who has been suspended or
 1216  removed by the division under this chapter, or who is delinquent
 1217  in the payment of any assessment due to the association, is not
 1218  eligible to be a candidate for board membership and may not be
 1219  listed on the ballot. For purposes of this paragraph, a person
 1220  is delinquent if a payment is not made by the due date as
 1221  specifically identified in the declaration of condominium,
 1222  bylaws, or articles of incorporation. If a due date is not
 1223  specifically identified in the declaration of condominium,
 1224  bylaws, or articles of incorporation, the due date is the first
 1225  day of the assessment period. A person who has been convicted of
 1226  any felony in this state or in a United States District or
 1227  Territorial Court, or who has been convicted of any offense in
 1228  another jurisdiction which would be considered a felony if
 1229  committed in this state, is not eligible for board membership
 1230  unless such felon’s civil rights have been restored for at least
 1231  5 years as of the date such person seeks election to the board.
 1232  The validity of an action by the board is not affected if it is
 1233  later determined that a board member is ineligible for board
 1234  membership due to having been convicted of a felony. This
 1235  subparagraph does not limit the term of a member of the board of
 1236  a nonresidential or timeshare condominium.
 1237         4.3. The bylaws must provide the method of calling meetings
 1238  of unit owners, including annual meetings. Written notice of an
 1239  annual meeting must include an agenda; be mailed, hand
 1240  delivered, or electronically transmitted to each unit owner at
 1241  least 14 days before the annual meeting; and be posted in a
 1242  conspicuous place on the condominium property or association
 1243  property at least 14 continuous days before the annual meeting.
 1244  Written notice of a meeting other than an annual meeting must
 1245  include an agenda; be mailed, hand delivered, or electronically
 1246  transmitted to each unit owner; and be posted in a conspicuous
 1247  place on the condominium property or association property within
 1248  the timeframe specified in the bylaws. If the bylaws do not
 1249  specify a timeframe for written notice of a meeting other than
 1250  an annual meeting, notice must be provided at least 14
 1251  continuous days before the meeting. Upon notice to the unit
 1252  owners, the board shall, by duly adopted rule, designate a
 1253  specific location on the condominium property or association
 1254  property at which all notices of unit owner meetings must be
 1255  posted. This requirement does not apply if there is no
 1256  condominium property for posting notices. In lieu of, or in In
 1257  addition to, the physical posting of meeting notices, the
 1258  association may, by reasonable rule, adopt a procedure for
 1259  conspicuously posting and repeatedly broadcasting the notice and
 1260  the agenda on a closed-circuit cable television system serving
 1261  the condominium association. However, if broadcast notice is
 1262  used in lieu of a notice posted physically on the condominium
 1263  property, the notice and agenda must be broadcast at least four
 1264  times every broadcast hour of each day that a posted notice is
 1265  otherwise required under this section. If broadcast notice is
 1266  provided, the notice and agenda must be broadcast in a manner
 1267  and for a sufficient continuous length of time so as to allow an
 1268  average reader to observe the notice and read and comprehend the
 1269  entire content of the notice and the agenda. In addition to any
 1270  of the authorized means of providing notice of a meeting of the
 1271  board, the association may, by rule, adopt a procedure for
 1272  conspicuously posting the meeting notice and the agenda on a
 1273  website serving the condominium association for at least the
 1274  minimum period of time for which a notice of a meeting is also
 1275  required to be physically posted on the condominium property.
 1276  Any rule adopted shall, in addition to other matters, include a
 1277  requirement that the association send an electronic notice in
 1278  the same manner as a notice for a meeting of the members, which
 1279  must include a hyperlink to the website at which the notice is
 1280  posted, to unit owners whose e-mail addresses are included in
 1281  the association’s official records. Unless a unit owner waives
 1282  in writing the right to receive notice of the annual meeting,
 1283  such notice must be hand delivered, mailed, or electronically
 1284  transmitted to each unit owner. Notice for meetings and notice
 1285  for all other purposes must be mailed to each unit owner at the
 1286  address last furnished to the association by the unit owner, or
 1287  hand delivered to each unit owner. However, if a unit is owned
 1288  by more than one person, the association must provide notice to
 1289  the address that the developer identifies for that purpose and
 1290  thereafter as one or more of the owners of the unit advise the
 1291  association in writing, or if no address is given or the owners
 1292  of the unit do not agree, to the address provided on the deed of
 1293  record. An officer of the association, or the manager or other
 1294  person providing notice of the association meeting, must provide
 1295  an affidavit or United States Postal Service certificate of
 1296  mailing, to be included in the official records of the
 1297  association affirming that the notice was mailed or hand
 1298  delivered in accordance with this provision.
 1299         5.4. The members of the board of a residential condominium
 1300  shall be elected by written ballot or voting machine. Proxies
 1301  may not be used in electing the board in general elections or
 1302  elections to fill vacancies caused by recall, resignation, or
 1303  otherwise, unless otherwise provided in this chapter. This
 1304  subparagraph does not apply to an association governing a
 1305  timeshare condominium.
 1306         a. At least 60 days before a scheduled election, the
 1307  association shall mail, deliver, or electronically transmit, by
 1308  separate association mailing or included in another association
 1309  mailing, delivery, or transmission, including regularly
 1310  published newsletters, to each unit owner entitled to a vote, a
 1311  first notice of the date of the election. A unit owner or other
 1312  eligible person desiring to be a candidate for the board must
 1313  give written notice of his or her intent to be a candidate to
 1314  the association at least 40 days before a scheduled election.
 1315  Together with the written notice and agenda as set forth in
 1316  subparagraph 3., the association shall mail, deliver, or
 1317  electronically transmit a second notice of the election to all
 1318  unit owners entitled to vote, together with a ballot that lists
 1319  all candidates not less than 14 days or more than 34 days before
 1320  the date of the election. Upon request of a candidate, an
 1321  information sheet, no larger than 8 1/2 inches by 11 inches,
 1322  which must be furnished by the candidate at least 35 days before
 1323  the election, must be included with the mailing, delivery, or
 1324  transmission of the ballot, with the costs of mailing, delivery,
 1325  or electronic transmission and copying to be borne by the
 1326  association. The association is not liable for the contents of
 1327  the information sheets prepared by the candidates. In order to
 1328  reduce costs, the association may print or duplicate the
 1329  information sheets on both sides of the paper. The division
 1330  shall by rule establish voting procedures consistent with this
 1331  sub-subparagraph, including rules establishing procedures for
 1332  giving notice by electronic transmission and rules providing for
 1333  the secrecy of ballots. Elections shall be decided by a
 1334  plurality of ballots cast. There is no quorum requirement;
 1335  however, at least 20 percent of the eligible voters must cast a
 1336  ballot in order to have a valid election. A unit owner may not
 1337  authorize any other person to vote his or her ballot, and any
 1338  ballots improperly cast are invalid. A unit owner who violates
 1339  this provision may be fined by the association in accordance
 1340  with s. 718.303. A unit owner who needs assistance in casting
 1341  the ballot for the reasons stated in s. 101.051 may obtain such
 1342  assistance. The regular election must occur on the date of the
 1343  annual meeting. Notwithstanding this sub-subparagraph, an
 1344  election is not required unless more candidates file notices of
 1345  intent to run or are nominated than board vacancies exist.
 1346         b. A director of a board of an association of a residential
 1347  condominium shall:
 1348         (I) Certify in writing to the secretary of the association
 1349  that he or she has read the association’s declaration of
 1350  condominium, articles of incorporation, bylaws, and current
 1351  written policies; that he or she will work to uphold such
 1352  documents and policies to the best of his or her ability; and
 1353  that he or she will faithfully discharge his or her fiduciary
 1354  responsibility to the association’s members.
 1355         (II) Submit to the secretary of the association a
 1356  certificate of having satisfactorily completed the educational
 1357  curriculum administered by the division or a division-approved
 1358  condominium education provider. The educational curriculum must
 1359  be at least 4 hours long and include instruction on milestone
 1360  inspections, structural integrity reserve studies, elections,
 1361  recordkeeping, financial literacy and transparency, levying of
 1362  fines, and notice and meeting requirements.
 1363  
 1364  Each newly elected or appointed director must submit to the
 1365  secretary of the association the written certification and
 1366  educational certificate within 1 year before being elected or
 1367  appointed or 90 days after the date of election or appointment.
 1368  A director of an association of a residential condominium who
 1369  was elected or appointed before July 1, 2024, must comply with
 1370  the written certification and educational certificate
 1371  requirements in this sub-subparagraph by June 30, 2025. The
 1372  written certification and educational certificate is valid for 7
 1373  years after the date of issuance and does not have to be
 1374  resubmitted as long as the director serves on the board without
 1375  interruption during the 7-year period. A director who is
 1376  appointed by the developer may satisfy the educational
 1377  certificate requirement in sub-sub-subparagraph (II) for any
 1378  subsequent appointment to a board by a developer within 7 years
 1379  after the date of issuance of the most recent educational
 1380  certificate, including any interruption of service on a board or
 1381  appointment to a board in another association within that 7-year
 1382  period. One year after submission of the most recent written
 1383  certification and educational certificate, and annually
 1384  thereafter, a director of an association of a residential
 1385  condominium must submit to the secretary of the association a
 1386  certificate of having satisfactorily completed at least 1 hour
 1387  of continuing education administered by the division, or a
 1388  division-approved condominium education provider, relating to
 1389  any recent changes to this chapter and the related
 1390  administrative rules during the past year. A director of an
 1391  association of a residential condominium who fails to timely
 1392  file the written certification and educational certificate is
 1393  suspended from service on the board until he or she complies
 1394  with this sub-subparagraph. The board may temporarily fill the
 1395  vacancy during the period of suspension. The secretary shall
 1396  cause the association to retain a director’s written
 1397  certification and educational certificate for inspection by the
 1398  members for 7 years after a director’s election or the duration
 1399  of the director’s uninterrupted tenure, whichever is longer.
 1400  Failure to have such written certification and educational
 1401  certificate on file does not affect the validity of any board
 1402  action.
 1403         c. Any challenge to the election process must be commenced
 1404  within 60 days after the election results are announced.
 1405         6.5. Any approval by unit owners called for by this chapter
 1406  or the applicable declaration or bylaws, including, but not
 1407  limited to, the approval requirement in s. 718.111(8), must be
 1408  made at a duly noticed meeting of unit owners and is subject to
 1409  all requirements of this chapter or the applicable condominium
 1410  documents relating to unit owner decisionmaking, except that
 1411  unit owners may take action by written agreement, without
 1412  meetings, on matters for which action by written agreement
 1413  without meetings is expressly allowed by the applicable bylaws
 1414  or declaration or any law that provides for such action.
 1415         7.6. Unit owners may waive notice of specific meetings if
 1416  allowed by the applicable bylaws or declaration or any law.
 1417  Notice of meetings of the board of administration; unit owner
 1418  meetings, except unit owner meetings called to recall board
 1419  members under paragraph (l); and committee meetings may be given
 1420  by electronic transmission to unit owners who consent to receive
 1421  notice by electronic transmission. A unit owner who consents to
 1422  receiving notices by electronic transmission is solely
 1423  responsible for removing or bypassing filters that block receipt
 1424  of mass e-mails sent to members on behalf of the association in
 1425  the course of giving electronic notices.
 1426         8.7. Unit owners have the right to participate in meetings
 1427  of unit owners with reference to all designated agenda items.
 1428  However, the association may adopt reasonable rules governing
 1429  the frequency, duration, and manner of unit owner participation.
 1430         9.8. A unit owner may tape record or videotape a meeting of
 1431  the unit owners subject to reasonable rules adopted by the
 1432  division.
 1433         10.9. Unless otherwise provided in the bylaws, any vacancy
 1434  occurring on the board before the expiration of a term may be
 1435  filled by the affirmative vote of the majority of the remaining
 1436  directors, even if the remaining directors constitute less than
 1437  a quorum, or by the sole remaining director. In the alternative,
 1438  a board may hold an election to fill the vacancy, in which case
 1439  the election procedures must conform to sub-subparagraph 4.a.
 1440  unless the association governs 10 units or fewer and has opted
 1441  out of the statutory election process, in which case the bylaws
 1442  of the association control. Unless otherwise provided in the
 1443  bylaws, a board member appointed or elected under this section
 1444  shall fill the vacancy for the unexpired term of the seat being
 1445  filled. Filling vacancies created by recall is governed by
 1446  paragraph (l) and rules adopted by the division.
 1447         11.10. This chapter does not limit the use of general or
 1448  limited proxies, require the use of general or limited proxies,
 1449  or require the use of a written ballot or voting machine for any
 1450  agenda item or election at any meeting of a timeshare
 1451  condominium association or nonresidential condominium
 1452  association.
 1453  
 1454  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1455  association of 10 or fewer units may, by affirmative vote of a
 1456  majority of the total voting interests, provide for different
 1457  voting and election procedures in its bylaws, which may be by a
 1458  proxy specifically delineating the different voting and election
 1459  procedures. The different voting and election procedures may
 1460  provide for elections to be conducted by limited or general
 1461  proxy.
 1462         (e) Budget meeting.—
 1463         1. Any meeting at which a proposed annual budget of an
 1464  association will be considered by the board or unit owners shall
 1465  be open to all unit owners. A meeting of the board or unit
 1466  owners at which a proposed annual association budget will be
 1467  considered may be conducted by video conference. The division
 1468  shall adopt rules pursuant to ss. 120.536 and 120.54 governing
 1469  the requirements for such meetings. A sound transmitting device
 1470  must be used so that the conversation of such members may be
 1471  heard by the board or committee members attending in person, as
 1472  well as any unit owners present at the meeting. At least 14 days
 1473  before prior to such a meeting, the board shall hand deliver to
 1474  each unit owner, mail to each unit owner at the address last
 1475  furnished to the association by the unit owner, or
 1476  electronically transmit to the location furnished by the unit
 1477  owner for that purpose a notice of such meeting and a copy of
 1478  the proposed annual budget. An officer or manager of the
 1479  association, or other person providing notice of such meeting,
 1480  shall execute an affidavit evidencing compliance with such
 1481  notice requirement, and such affidavit shall be filed among the
 1482  official records of the association.
 1483         2.a. If a board proposes adopts in any fiscal year an
 1484  annual budget which requires assessments against unit owners
 1485  which exceed 115 percent of assessments for the preceding fiscal
 1486  year, the board shall simultaneously propose a substitute budget
 1487  that does not include any discretionary expenditures that are
 1488  not required to be in the budget. The substitute budget must be
 1489  proposed at the budget meeting before the conduct a special
 1490  meeting of the unit owners to consider a substitute budget if
 1491  the board receives, within 21 days after adoption of the annual
 1492  budget, a written request for a special meeting from at least 10
 1493  percent of all voting interests. The special meeting shall be
 1494  conducted within 60 days after adoption of the annual budget. At
 1495  least 14 days before such budget meeting in which a substitute
 1496  budget will be proposed prior to such special meeting, the board
 1497  shall hand deliver to each unit owner, or mail to each unit
 1498  owner at the address last furnished to the association, a notice
 1499  of the meeting. An officer or manager of the association, or
 1500  other person providing notice of such meeting shall execute an
 1501  affidavit evidencing compliance with this notice requirement,
 1502  and such affidavit shall be filed among the official records of
 1503  the association. Unit owners must may consider and may adopt a
 1504  substitute budget at the special meeting. A substitute budget is
 1505  adopted if approved by a majority of all voting interests unless
 1506  the bylaws require adoption by a greater percentage of voting
 1507  interests. If there is not a quorum at the special meeting or a
 1508  substitute budget is not adopted, the annual budget previously
 1509  initially proposed adopted by the board may be adopted shall
 1510  take effect as scheduled.
 1511         b. Any determination of whether assessments exceed 115
 1512  percent of assessments for the prior fiscal year shall exclude
 1513  any authorized provision for required reasonable reserves for
 1514  repair or replacement of the condominium property, anticipated
 1515  expenses of the association which the board does not expect to
 1516  be incurred on a regular or annual basis for the repair,
 1517  maintenance, or replacement of the items listed in paragraph
 1518  (g), and insurance premiums, or assessments for betterments to
 1519  the condominium property.
 1520         c. If the developer controls the board, assessments may
 1521  shall not exceed 115 percent of assessments for the prior fiscal
 1522  year unless approved by a majority of all voting interests.
 1523         (f) Annual budget.—
 1524         1. The proposed annual budget of estimated revenues and
 1525  expenses must be detailed and must show the amounts budgeted by
 1526  accounts and expense classifications, including, at a minimum,
 1527  any applicable expenses listed in s. 718.504(21). The board
 1528  shall adopt the annual budget at least 14 days before the start
 1529  of the association’s fiscal year. In the event that the board
 1530  fails to timely adopt the annual budget a second time, it is
 1531  deemed a minor violation and the prior year’s budget shall
 1532  continue in effect until a new budget is adopted. A
 1533  multicondominium association must adopt a separate budget of
 1534  common expenses for each condominium the association operates
 1535  and must adopt a separate budget of common expenses for the
 1536  association. In addition, if the association maintains limited
 1537  common elements with the cost to be shared only by those
 1538  entitled to use the limited common elements as provided for in
 1539  s. 718.113(1), the budget or a schedule attached to it must show
 1540  the amount budgeted for this maintenance. If, after turnover of
 1541  control of the association to the unit owners, any of the
 1542  expenses listed in s. 718.504(21) are not applicable, they do
 1543  not need to be listed.
 1544         2.a. In addition to annual operating expenses, the budget
 1545  must include reserve accounts for capital expenditures and
 1546  deferred maintenance. These accounts must include, but are not
 1547  limited to, roof replacement, building painting, and pavement
 1548  resurfacing, regardless of the amount of deferred maintenance
 1549  expense or replacement cost, and any other item that has a
 1550  deferred maintenance expense or replacement cost that exceeds
 1551  $25,000 or the inflation-adjusted amount determined by the
 1552  division under subparagraph 6., whichever is greater $10,000.
 1553  The amount to be reserved must be computed using a formula based
 1554  upon estimated remaining useful life and estimated replacement
 1555  cost or deferred maintenance expense of the reserve item. In a
 1556  budget adopted by an association that is required to obtain a
 1557  structural integrity reserve study, reserves must be maintained
 1558  for the items identified in paragraph (g) for which the
 1559  association is responsible pursuant to the declaration of
 1560  condominium, and the reserve amount for such items must be based
 1561  on the findings and recommendations of the association’s most
 1562  recent structural integrity reserve study. If an association
 1563  votes to terminate the condominium in accordance with s.
 1564  718.117, the members may vote to waive the maintenance of
 1565  reserves recommended by the association’s most recent structural
 1566  integrity reserve study. With respect to items for which an
 1567  estimate of useful life is not readily ascertainable or with an
 1568  estimated remaining useful life of greater than 25 years, an
 1569  association is not required to reserve replacement costs for
 1570  such items, but an association must reserve the amount of
 1571  deferred maintenance expense, if any, which is recommended by
 1572  the structural integrity reserve study for such items. The
 1573  association may adjust replacement reserve assessments annually
 1574  to take into account an inflation adjustment and any changes in
 1575  estimates or extension of the useful life of a reserve item
 1576  caused by deferred maintenance.
 1577         b. The members of a unit-owner-controlled association may
 1578  determine, by a majority vote of the total voting interests of
 1579  the association, to provide no reserves or less reserves than
 1580  required by this subsection. For a budget adopted on or after
 1581  December 31, 2024, the members of a unit-owner-controlled
 1582  association that must obtain a structural integrity reserve
 1583  study may not determine to provide no reserves or less reserves
 1584  than required by this subsection for items listed in paragraph
 1585  (g), except that members of an association operating a
 1586  multicondominium may determine to provide no reserves or less
 1587  reserves than required by this subsection if an alternative
 1588  funding method has been approved by the division.
 1589         c.(I) Reserves for the items listed in paragraph (g) may be
 1590  funded by regular assessments, special assessments, lines of
 1591  credit, or loans. A special assessment, a line of credit, or a
 1592  loan under this sub-subparagraph requires the approval of a
 1593  majority vote of the total voting interests of the association.
 1594         (II) A unit-owner-controlled association that must have a
 1595  structural integrity reserve study may secure a line of credit
 1596  or a loan to fund capital expenses required by a milestone
 1597  inspection under s. 553.899 or a structural integrity reserve
 1598  study. The line of credit or loan must be sufficient to fund the
 1599  cumulative amount of any previously waived or unfunded portions
 1600  of the reserve funding amount required by this paragraph and the
 1601  most recent structural integrity reserve study. Funding from the
 1602  line of credit or loan must be immediately available for access
 1603  by the board to fund required repair, maintenance, or
 1604  replacement expenses without further approval by the members of
 1605  the association. A special assessment, a line of credit, or a
 1606  loan secured under this sub-subparagraph and related details
 1607  must be included in the annual financial statement that is
 1608  required under s. 718.111(13) to be delivered to unit owners and
 1609  required under s. 718.503 to be provided to prospective
 1610  purchasers of a unit.
 1611         (III) This sub-subparagraph does not apply to associations
 1612  controlled by a developer as defined in s. 718.103, an
 1613  association in which the nondeveloper unit owners have been in
 1614  control for less than 1 year, or an association controlled by
 1615  one or more bulk assignees or bulk buyers as those terms are
 1616  defined in s. 718.703.
 1617         d. If the local building official, as defined in s.
 1618  468.603, determines that the entire condominium building is
 1619  uninhabitable due to a natural emergency, as defined in s.
 1620  252.34, the board, upon the approval of a majority of its
 1621  members, may pause the contribution to its reserves or reduce
 1622  reserve funding until the local building official determines
 1623  that the condominium building is habitable. Any reserve account
 1624  funds held by the association may be expended, pursuant to the
 1625  board’s determination, to make the condominium building and its
 1626  structures habitable. Upon the determination by the local
 1627  building official that the condominium building is habitable,
 1628  the association must immediately resume contributing funds to
 1629  its reserves.
 1630         eFor a budget adopted on or before December 31, 2028, if
 1631  the association has completed a milestone inspection pursuant to
 1632  s. 553.899 within the previous 2 calendar years, the board, upon
 1633  the approval of a majority of the total voting interests of the
 1634  association, may temporarily pause, for a period of no more than
 1635  two consecutive annual budgets, reserve fund contributions or
 1636  reduce the amount of reserve funding for the purpose of funding
 1637  repairs recommended by the milestone inspection. This sub
 1638  subparagraph does not apply to an association controlled by a
 1639  developer as defined in s. 718.103, an association in which the
 1640  nondeveloper unit owners have been in control for less than 1
 1641  year, or an association controlled by one or more bulk assignees
 1642  or bulk buyers as those terms are defined in s. 718.703. An
 1643  association that has paused reserve contributions under this
 1644  subparagraph must have a structural integrity reserve study
 1645  performed before the continuation of reserve contributions in
 1646  order to determine the association’s reserve funding needs and
 1647  to recommend a reserve funding plan.
 1648         f.b. Before turnover of control of an association by a
 1649  developer to unit owners other than a developer under s.
 1650  718.301, the developer-controlled association may not vote to
 1651  waive the reserves or reduce funding of the reserves. If a
 1652  meeting of the unit owners has been called to determine whether
 1653  to waive or reduce the funding of reserves and no such result is
 1654  achieved or a quorum is not attained, the reserves included in
 1655  the budget shall go into effect. After the turnover, the
 1656  developer may vote its voting interest to waive or reduce the
 1657  funding of reserves.
 1658         3. Reserve funds and any interest accruing thereon shall
 1659  remain in the reserve account or accounts, and may be used only
 1660  for authorized reserve expenditures unless their use for other
 1661  purposes is approved in advance by a majority vote of all the
 1662  total voting interests of the association. Before turnover of
 1663  control of an association by a developer to unit owners other
 1664  than the developer pursuant to s. 718.301, the developer
 1665  controlled association may not vote to use reserves for purposes
 1666  other than those for which they were intended. For a budget
 1667  adopted on or after December 31, 2024, members of a unit-owner
 1668  controlled association that must obtain a structural integrity
 1669  reserve study may not vote to use reserve funds, or any interest
 1670  accruing thereon, for any other purpose other than the
 1671  replacement or deferred maintenance costs of the components
 1672  listed in paragraph (g).
 1673         4.An association’s reserve accounts may be pooled for two
 1674  or more required components. Reserve funding for components
 1675  listed in paragraph (g) may only be pooled with other components
 1676  listed in paragraph (g). The reserve funding indicated in the
 1677  proposed annual budget must be sufficient to ensure that
 1678  available funds meet or exceed projected expenses for all
 1679  components in the reserve pool based on the reserve funding plan
 1680  or schedule of the most recent structural integrity reserve
 1681  study. A vote of the members is not required for the board to
 1682  change the accounting method for reserves to a pooling
 1683  accounting method or a straight-line accounting method.
 1684         5.4. The only voting interests that are eligible to vote on
 1685  questions that involve waiving or reducing the funding of
 1686  reserves, or using existing reserve funds for purposes other
 1687  than purposes for which the reserves were intended, are the
 1688  voting interests of the units subject to assessment to fund the
 1689  reserves in question. Proxy questions relating to waiving or
 1690  reducing the funding of reserves or using existing reserve funds
 1691  for purposes other than purposes for which the reserves were
 1692  intended must contain the following statement in capitalized,
 1693  bold letters in a font size larger than any other used on the
 1694  face of the proxy ballot:
 1695  
 1696         WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING
 1697         ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN
 1698         UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1699         SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1700  
 1701         6. The division shall annually adjust for inflation, based
 1702  on the Consumer Price Index for All Urban Consumers released in
 1703  January of each year, the minimum $25,000 threshold amount for
 1704  required reserves. By February 1, 2026, and annually thereafter,
 1705  the division must conspicuously post on its website the
 1706  inflation-adjusted minimum threshold amount for required
 1707  reserves.
 1708         (g) Structural integrity reserve study.—
 1709         1. A residential condominium association must have a
 1710  structural integrity reserve study completed at least every 10
 1711  years after the condominium’s creation for each building on the
 1712  condominium property that is three habitable stories or higher
 1713  in height, as determined by the Florida Building Code, which
 1714  includes, at a minimum, a study of the following items as
 1715  related to the structural integrity and safety of the building:
 1716         a. Roof.
 1717         b. Structure, including load-bearing walls and other
 1718  primary structural members and primary structural systems as
 1719  those terms are defined in s. 627.706.
 1720         c. Fireproofing and fire protection systems.
 1721         d. Plumbing.
 1722         e. Electrical systems.
 1723         f. Waterproofing and exterior painting.
 1724         g. Windows and exterior doors.
 1725         h. Any other item that has a deferred maintenance expense
 1726  or replacement cost that exceeds $25,000 or the inflation
 1727  adjusted amount determined by the division under subparagraph
 1728  (f)6., whichever is greater, $10,000 and the failure to replace
 1729  or maintain such item negatively affects the items listed in
 1730  sub-subparagraphs a.-g., as determined by the visual inspection
 1731  portion of the structural integrity reserve study.
 1732         2. A structural integrity reserve study is based on a
 1733  visual inspection of the condominium property.
 1734         3.a. A structural integrity reserve study may be performed
 1735  by any person qualified to perform such study. However,
 1736  including the visual inspection portion of the structural
 1737  integrity reserve study, must be performed or verified by an
 1738  engineer licensed under chapter 471, an architect licensed under
 1739  chapter 481, or a person certified as a reserve specialist or
 1740  professional reserve analyst by the Community Associations
 1741  Institute or the Association of Professional Reserve Analysts.
 1742         b. Any design professional as defined in s. 558.002 or any
 1743  contractor licensed under chapter 489 who bids to perform a
 1744  structural integrity reserve study must disclose in writing to
 1745  the association his or her intent to bid on any services related
 1746  to any maintenance, repair, or replacement that may be
 1747  recommended by the structural integrity reserve study. Any
 1748  design professional as defined in s. 558.002 or contractor
 1749  licensed under chapter 489 who submits a bid to the association
 1750  for performing any services recommended by the structural
 1751  integrity reserve study may not have an interest, directly or
 1752  indirectly, in the firm or entity providing the association’s
 1753  structural integrity reserve study or be a relative of any
 1754  person having a direct or indirect interest in such firm, unless
 1755  such relationship is disclosed to the association in writing. As
 1756  used in this section, the term “relative” means a relative
 1757  within the third degree of consanguinity by blood or marriage. A
 1758  contract for services is voidable and terminates upon the
 1759  association filing a written notice terminating the contract if
 1760  the design professional or licensed contractor failed to provide
 1761  the written disclosure of the interests or relationships
 1762  required under this paragraph. A design professional or licensed
 1763  contractor may be subject to discipline under the applicable
 1764  practice act for his or her profession for failure to provide
 1765  the written disclosure of the interests or relationships
 1766  required under this paragraph.
 1767         4.a.3. At a minimum, a structural integrity reserve study
 1768  must identify each item of the condominium property being
 1769  visually inspected, state the estimated remaining useful life
 1770  and the estimated replacement cost or deferred maintenance
 1771  expense of each item of the condominium property being visually
 1772  inspected, and provide a reserve funding plan or schedule with a
 1773  recommended annual reserve amount that achieves the estimated
 1774  replacement cost or deferred maintenance expense of each item of
 1775  condominium property being visually inspected by the end of the
 1776  estimated remaining useful life of the item. At a minimum, the
 1777  structural integrity reserve study must include a recommendation
 1778  for a reserve funding schedule based on a baseline funding plan
 1779  that provides a reserve funding goal in which the reserve
 1780  funding for each budget year is sufficient to maintain the
 1781  reserve cash balance above zero. The study may recommend other
 1782  types of reserve funding schedules, provided that each
 1783  recommended schedule is sufficient to meet the association’s
 1784  maintenance obligation.
 1785         b. The structural integrity reserve study may recommend
 1786  that reserves do not need to be maintained for any item for
 1787  which an estimate of useful life and an estimate of replacement
 1788  cost cannot be determined, or the study may recommend a deferred
 1789  maintenance expense amount for such item. The structural
 1790  integrity reserve study may recommend that reserves for
 1791  replacement costs do not need to be maintained for any item with
 1792  an estimated remaining useful life of greater than 25 years, but
 1793  the study may recommend a deferred maintenance expense amount
 1794  for such item. If the structural integrity reserve study
 1795  recommends reserves for any item for which reserves are not
 1796  required under this paragraph, the amount of the recommended
 1797  reserves for such item must be separately identified in the
 1798  structural integrity reserve study as an item for which reserves
 1799  are not required under this paragraph.
 1800         c. The structural integrity reserve study must take into
 1801  consideration the funding method or methods used by the
 1802  association to fund its maintenance and reserve funding
 1803  obligations through regular assessments, special assessments,
 1804  lines of credit, or loans. If the structural integrity reserve
 1805  study is performed before the association has approved a special
 1806  assessment or secured a line of credit or a loan, the structural
 1807  integrity reserve study must be updated to reflect the funding
 1808  method selected by the association and its effect on the reserve
 1809  funding schedule, including any anticipated change in the amount
 1810  of regular assessments. The structural integrity reserve study
 1811  may be updated to reflect any changes to the useful life of the
 1812  reserve items after such items are repaired or replaced, and the
 1813  effect such repair or replacement will have on the reserve
 1814  funding schedule. The association must obtain an updated
 1815  structural integrity reserve study before adopting any budget in
 1816  which the reserve funding from regular assessments, special
 1817  assessments, lines of credit, or loans do not align with the
 1818  funding plan from the most recent version of the structural
 1819  integrity reserve study.
 1820         5.4. This paragraph does not apply to buildings less than
 1821  three stories in height; single-family, two-family, or three
 1822  family, or four-family dwellings with three or fewer habitable
 1823  stories above ground; any portion or component of a building
 1824  that has not been submitted to the condominium form of
 1825  ownership; or any portion or component of a building that is
 1826  maintained by a party other than the association.
 1827         6.5. Before a developer turns over control of an
 1828  association to unit owners other than the developer, the
 1829  developer must have a turnover inspection report in compliance
 1830  with s. 718.301(4)(p) and (q) for each building on the
 1831  condominium property that is three stories or higher in height.
 1832         7.6. Associations existing on or before July 1, 2022, which
 1833  are controlled by unit owners other than the developer, must
 1834  have a structural integrity reserve study completed by December
 1835  31, 2025 2024, for each building on the condominium property
 1836  that is three stories or higher in height. An association that
 1837  is required to complete a milestone inspection in accordance
 1838  with s. 553.899 on or before December 31, 2026, may complete the
 1839  structural integrity reserve study simultaneously with the
 1840  milestone inspection. In no event may the structural integrity
 1841  reserve study be completed after December 31, 2026.
 1842         8.7. If the milestone inspection required by s. 553.899, or
 1843  an inspection completed for a similar local requirement, was
 1844  performed within the past 5 years and meets the requirements of
 1845  this paragraph, such inspection may be used in place of the
 1846  visual inspection portion of the structural integrity reserve
 1847  study.
 1848         9. If the association completes a milestone inspection
 1849  required by s. 553.899, or an inspection completed for a similar
 1850  local requirement, the association may delay performance of a
 1851  required structural integrity reserve study for no more than the
 1852  2 consecutive budget years immediately following the milestone
 1853  inspection in order to allow the association to focus its
 1854  financial resources on completing the repair and maintenance
 1855  recommendations of the milestone inspection.
 1856         10.8. If the officers or directors of an association
 1857  willfully and knowingly fail to complete a structural integrity
 1858  reserve study pursuant to this paragraph, such failure is a
 1859  breach of an officer’s or a and director’s fiduciary
 1860  relationship to the unit owners under s. 718.111(1). An officer
 1861  or a director of an association must sign an affidavit
 1862  acknowledging receipt of the completed structural integrity
 1863  reserve study.
 1864         11.9. Within 45 days after receiving the structural
 1865  integrity reserve study, the association must distribute a copy
 1866  of the study to each unit owner or deliver to each unit owner a
 1867  notice that the completed study is available for inspection and
 1868  copying upon a written request. Distribution of a copy of the
 1869  study or notice must be made by United States mail or personal
 1870  delivery to the mailing address, property address, or any other
 1871  address of the owner provided to fulfill the association’s
 1872  notice requirements under this chapter, or by electronic
 1873  transmission to the e-mail address or facsimile number provided
 1874  to fulfill the association’s notice requirements to unit owners
 1875  who previously consented to receive notice by electronic
 1876  transmission.
 1877         12.10. Within 45 days after receiving the structural
 1878  integrity reserve study, the association must provide the
 1879  division with a statement indicating that the study was
 1880  completed and that the association provided or made available
 1881  such study to each unit owner in accordance with this section.
 1882  The statement must be provided to the division in the manner
 1883  established by the division using a form posted on the
 1884  division’s website.
 1885         13. The division shall adopt by rule the form for the
 1886  structural integrity reserve study in coordination with the
 1887  Florida Building Commission.
 1888         Section 9. Paragraphs (d) and (e) of subsection (5) of
 1889  section 718.113, Florida Statutes, are amended to read:
 1890         718.113 Maintenance; limitation upon improvement; display
 1891  of flag; hurricane protection; display of religious
 1892  decorations.—
 1893         (5) To protect the health, safety, and welfare of the
 1894  people of the state and to ensure uniformity and consistency in
 1895  the hurricane protections installed by condominium associations
 1896  and unit owners, this subsection applies to all residential and
 1897  mixed-use condominiums in the state, regardless of when the
 1898  condominium is created pursuant to the declaration of
 1899  condominium. Each board of administration of a residential
 1900  condominium or mixed-use condominium must adopt hurricane
 1901  protection specifications for each building within each
 1902  condominium operated by the association which may include color,
 1903  style, and other factors deemed relevant by the board. All
 1904  specifications adopted by the board must comply with the
 1905  applicable building code. The installation, maintenance, repair,
 1906  replacement, and operation of hurricane protection in accordance
 1907  with this subsection is not considered a material alteration or
 1908  substantial addition to the common elements or association
 1909  property within the meaning of this section.
 1910         (d) Unless otherwise provided in the declaration as
 1911  originally recorded, or as amended, a unit owner is not
 1912  responsible for the cost of any removal or reinstallation of
 1913  hurricane protection, including exterior windows, doors, or
 1914  other apertures, if its removal is necessary for the
 1915  maintenance, repair, or replacement of other condominium
 1916  property or association property for which the association is
 1917  responsible. The board shall determine if the removal or
 1918  reinstallation of hurricane protection must be completed by the
 1919  unit owner or the association if the declaration as originally
 1920  recorded, or as amended, does not specify who is responsible for
 1921  such costs. If such removal or reinstallation is completed by
 1922  the association, the costs incurred by the association may not
 1923  be charged to the unit owner. If such removal or reinstallation
 1924  is completed by the unit owner, the association must reimburse
 1925  the unit owner for the cost of the removal or reinstallation or
 1926  the association must apply a credit toward future assessments in
 1927  the amount of the unit owner’s cost to remove or reinstall the
 1928  hurricane protection.
 1929         (e)If the removal or reinstallation of hurricane
 1930  protection, including exterior windows, doors, or other
 1931  apertures, is the responsibility of the unit owner and the
 1932  association completes such removal or reinstallation and then
 1933  charges the unit owner for such removal or reinstallation, such
 1934  charges are enforceable as an assessment and may be collected in
 1935  the manner provided under s. 718.116.
 1936         Section 10. Paragraph (h) of subsection (1) of section
 1937  718.1265, Florida Statutes, is amended to read:
 1938         718.1265 Association emergency powers.—
 1939         (1) To the extent allowed by law, unless specifically
 1940  prohibited by the declaration of condominium, the articles, or
 1941  the bylaws of an association, and consistent with s. 617.0830,
 1942  the board of administration, in response to damage or injury
 1943  caused by or anticipated in connection with an emergency, as
 1944  defined in s. 252.34(4), for which a state of emergency is
 1945  declared pursuant to s. 252.36 in the locale in which the
 1946  condominium is located, may exercise the following powers:
 1947         (h) Require the evacuation of the condominium property in
 1948  the event of an a mandatory evacuation order in the locale in
 1949  which the condominium is located. If a Should any unit owner or
 1950  other occupant of a condominium fails or refuses fail or refuse
 1951  to evacuate the condominium property or association property for
 1952  which where the board has required evacuation, the association
 1953  is shall be immune from liability or injury to persons or
 1954  property arising from such failure or refusal.
 1955         Section 11. Present subsection (6) of section 718.128,
 1956  Florida Statutes, is redesignated as subsection (8), a new
 1957  subsection (6) and subsection (7) are added to that section, and
 1958  subsection (4) of that section is amended, to read:
 1959         718.128 Electronic voting.—The association may conduct
 1960  elections and other unit owner votes through an Internet-based
 1961  online voting system if a unit owner consents, electronically or
 1962  in writing, to online voting and if the following requirements
 1963  are met:
 1964         (4) This section applies to an association that provides
 1965  for and authorizes an online voting system pursuant to this
 1966  section by a board resolution. If the board authorizes online
 1967  voting, the board must honor a unit owner’s request to vote
 1968  electronically at all subsequent elections, unless such unit
 1969  owner opts out of online voting. The board resolution must
 1970  provide that unit owners receive notice of the opportunity to
 1971  vote through an online voting system, must establish reasonable
 1972  procedures and deadlines for unit owners to consent,
 1973  electronically or in writing, to online voting, and must
 1974  establish reasonable procedures and deadlines for unit owners to
 1975  opt out of online voting after giving consent. Written notice of
 1976  a meeting at which the resolution will be considered must be
 1977  mailed, delivered, or electronically transmitted to the unit
 1978  owners and posted conspicuously on the condominium property or
 1979  association property at least 14 days before the meeting.
 1980  Evidence of compliance with the 14-day notice requirement must
 1981  be made by an affidavit executed by the person providing the
 1982  notice and filed with the official records of the association.
 1983         (6)If at least 25 percent of the voting interests of a
 1984  condominium petition the board to adopt a resolution for
 1985  electronic voting for the next scheduled election, the board
 1986  must hold a meeting within 21 days after receipt of the petition
 1987  to adopt such resolution. The board must receive the petition
 1988  within 180 days after the date of the last scheduled annual
 1989  meeting.
 1990         (7)(a)Unless the association has adopted electronic voting
 1991  in accordance with subsections (1)-(6), the association must
 1992  designate an e-mail address for receipt of electronically
 1993  transmitted ballots. Electronically transmitted ballots must
 1994  meet all the requirements of this subsection.
 1995         (b)A unit owner may electronically transmit a ballot to
 1996  the e-mail address designated by the association without
 1997  complying with s. 718.112(2)(d)4. or the rules providing for the
 1998  secrecy of ballots adopted by the division. The association must
 1999  count completed ballots that are electronically transmitted to
 2000  the designated e-mail address, provided the completed ballots
 2001  comply with the requirements of this subsection.
 2002         (c)A ballot that is electronically transmitted to the
 2003  association must include all of the following:
 2004         1.A space for the unit owner to type in his or her unit
 2005  number.
 2006         2.A space for the unit owner to type in his or her first
 2007  and last name, which also functions as the signature of the unit
 2008  owner for purposes of signing the ballot.
 2009         3.The following statement in capitalized letters and in a
 2010  font size larger than any other font size used in the e-mail
 2011  from the association to the unit owner:
 2012  
 2013         WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU
 2014         DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN
 2015         ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT
 2016         THROUGH E-MAIL TO THE ASSOCIATION, YOU WAIVE THE
 2017         SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH
 2018         TO WAIVE YOUR SECRECY BUT WISH TO PARTICIPATE IN THE
 2019         VOTE THAT IS THE SUBJECT OF THIS BALLOT, PLEASE ATTEND
 2020         THE IN-PERSON MEETING DURING WHICH THE MATTER WILL BE
 2021         VOTED ON.
 2022  
 2023         (d)A unit owner must transmit his or her completed ballot
 2024  to the e-mail address designated by the association no later
 2025  than the scheduled date and time of the meeting during which the
 2026  matter is being voted on.
 2027         (e)There is a rebuttable presumption that an association
 2028  has reviewed all folders associated with the e-mail address
 2029  designated by the association to receive ballots if a board
 2030  member, an officer, or an agent of the association, or a manager
 2031  licensed under part VIII of chapter 468, provides a sworn
 2032  affidavit attesting to such review.
 2033         Section 12. Subsection (7) of section 718.203, Florida
 2034  Statutes, is amended to read:
 2035         718.203 Warranties.—
 2036         (7) Residential Condominiums may be covered by an insured
 2037  warranty program underwritten by a licensed insurance company
 2038  registered in this state, provided that such warranty program
 2039  meets the minimum requirements of this chapter; to the degree
 2040  that such warranty program does not meet the minimum
 2041  requirements of this chapter, such requirements shall apply.
 2042         Section 13. Subsection (1) of section 718.301, Florida
 2043  Statutes, is amended to read:
 2044         718.301 Transfer of association control; claims of defect
 2045  by association.—
 2046         (1) If unit owners other than the developer own 15 percent
 2047  or more of the units in a condominium that will be operated
 2048  ultimately by an association, the unit owners other than the
 2049  developer are entitled to elect at least one-third of the
 2050  members of the board of administration of the association. Unit
 2051  owners other than the developer are entitled to elect at least a
 2052  majority of the members of the board of administration of an
 2053  association, upon the first to occur of any of the following
 2054  events:
 2055         (a) Three years after 50 percent of the units that will be
 2056  operated ultimately by the association have been conveyed to
 2057  purchasers;
 2058         (b) Three months after 90 percent of the units that will be
 2059  operated ultimately by the association have been conveyed to
 2060  purchasers;
 2061         (c) When all the units that will be operated ultimately by
 2062  the association have been completed, some of them have been
 2063  conveyed to purchasers, and none of the others are being offered
 2064  for sale by the developer in the ordinary course of business;
 2065         (d) When some of the units have been conveyed to purchasers
 2066  and none of the others are being constructed or offered for sale
 2067  by the developer in the ordinary course of business;
 2068         (e) When the developer files a petition seeking protection
 2069  in bankruptcy;
 2070         (f) When a receiver for the developer is appointed by a
 2071  circuit court and is not discharged within 30 days after such
 2072  appointment, unless the court determines within 30 days after
 2073  appointment of the receiver that transfer of control would be
 2074  detrimental to the association or its members; or
 2075         (g) Seven years after the date of the recording of the
 2076  certificate of a surveyor and mapper pursuant to s.
 2077  718.104(4)(e) or the recording of an instrument that transfers
 2078  title to a unit in the condominium which is not accompanied by a
 2079  recorded assignment of developer rights in favor of the grantee
 2080  of such unit, whichever occurs first; or, in the case of an
 2081  association that may ultimately operate more than one
 2082  condominium, 7 years after the date of the recording of the
 2083  certificate of a surveyor and mapper pursuant to s.
 2084  718.104(4)(e) or the recording of an instrument that transfers
 2085  title to a unit which is not accompanied by a recorded
 2086  assignment of developer rights in favor of the grantee of such
 2087  unit, whichever occurs first, for the first condominium it
 2088  operates; or, in the case of an association operating a phase
 2089  condominium created pursuant to s. 718.403, 7 years after the
 2090  date of the recording of the certificate of a surveyor and
 2091  mapper pursuant to s. 718.104(4)(e) or the recording of an
 2092  instrument that transfers title to a unit which is not
 2093  accompanied by a recorded assignment of developer rights in
 2094  favor of the grantee of such unit, whichever occurs first.
 2095  
 2096  The developer is entitled to elect at least one member of the
 2097  board of administration of an association as long as the
 2098  developer holds for sale in the ordinary course of business at
 2099  least 5 percent, in condominiums with fewer than 500 units, and
 2100  2 percent, in condominiums with more than 500 units, of the
 2101  units in a condominium operated by the association. After the
 2102  developer relinquishes control of the association, the developer
 2103  may exercise the right to vote any developer-owned units in the
 2104  same manner as any other unit owner except for purposes of
 2105  reacquiring control of the association or selecting the majority
 2106  members of the board of administration. Beginning July 1, 2025,
 2107  paragraphs (a), (c), (d), and (g) do not apply to nonresidential
 2108  condominiums consisting of 10 or fewer units.
 2109         Section 14. Subsection (1) of section 718.302, Florida
 2110  Statutes, is amended to read:
 2111         718.302 Agreements entered into by the association.—
 2112         (1) Any grant or reservation made by a declaration, lease,
 2113  or other document, and any contract made by an association
 2114  before prior to assumption of control of the association by unit
 2115  owners other than the developer, that provides for operation,
 2116  maintenance, or management of a condominium association or
 2117  property serving the unit owners of a condominium shall be fair
 2118  and reasonable, and such grant, reservation, or contract may be
 2119  canceled by unit owners other than the developer:
 2120         (a) If the association operates only one condominium and
 2121  the unit owners other than the developer have assumed control of
 2122  the association, or if unit owners other than the developer own
 2123  at least not less than 75 percent of the voting interests in the
 2124  condominium or own at least 90 percent of the voting interests
 2125  if the condominium is a nonresidential condominium consisting of
 2126  10 or fewer units, the cancellation must shall be by concurrence
 2127  of the owners of at least not less than 75 percent of the voting
 2128  interests other than the voting interests owned by the
 2129  developer. If a grant, reservation, or contract is so canceled
 2130  and the unit owners other than the developer have not assumed
 2131  control of the association, the association must shall make a
 2132  new contract or otherwise provide for maintenance, management,
 2133  or operation in lieu of the canceled obligation, at the
 2134  direction of the owners of not less than a majority of the
 2135  voting interests in the condominium other than the voting
 2136  interests owned by the developer.
 2137         (b) If the association operates more than one condominium
 2138  and the unit owners other than the developer have not assumed
 2139  control of the association, and if unit owners other than the
 2140  developer own at least 75 percent of the voting interests in the
 2141  condominiums a condominium operated by the association or,
 2142  beginning July 1, 2025, own at least 90 percent of the voting
 2143  interests if the condominium is a nonresidential condominium
 2144  consisting of 10 or fewer units, any grant, reservation, or
 2145  contract for maintenance, management, or operation of buildings
 2146  containing the units in that condominium or of improvements used
 2147  only by unit owners of that condominium may be canceled by
 2148  concurrence of the owners of at least 75 percent, or the owners
 2149  of at least 90 percent if the condominium is a nonresidential
 2150  condominium consisting of 10 or fewer units, of the voting
 2151  interests in the condominium other than the voting interests
 2152  owned by the developer. A No grant, reservation, or contract for
 2153  maintenance, management, or operation of recreational areas or
 2154  any other property serving more than one condominium, and
 2155  operated by more than one association, may not be canceled
 2156  except pursuant to paragraph (d).
 2157         (c) If the association operates more than one condominium
 2158  and the unit owners other than the developer have assumed
 2159  control of the association, the cancellation shall be by
 2160  concurrence of the owners of not less than 75 percent of the
 2161  total number of voting interests in all condominiums operated by
 2162  the association other than the voting interests owned by the
 2163  developer.
 2164         (d) If the owners of units in a condominium have the right
 2165  to use property in common with owners of units in other
 2166  condominiums and those condominiums are operated by more than
 2167  one association, no grant, reservation, or contract for
 2168  maintenance, management, or operation of the property serving
 2169  more than one condominium may be canceled until unit owners
 2170  other than the developer have assumed control of all of the
 2171  associations operating the condominiums that are to be served by
 2172  the recreational area or other property, after which
 2173  cancellation may be effected by concurrence of the owners of not
 2174  less than 75 percent of the total number of voting interests in
 2175  those condominiums other than voting interests owned by the
 2176  developer.
 2177         Section 15. Subsection (4) of section 718.407, Florida
 2178  Statutes, is amended to read:
 2179         718.407 Condominiums created within a portion of a building
 2180  or within a multiple parcel building.—
 2181         (4)(a) The association of a condominium subject to this
 2182  section may inspect and copy the books and records upon which
 2183  the costs for maintaining and operating the shared facilities
 2184  are based, and must to receive an annual budget with respect to
 2185  such costs.
 2186         (b)Within 60 days after the end of each fiscal year, the
 2187  owner of a portion of a building that is not subject to the
 2188  condominium form of ownership shall provide to the association a
 2189  complete financial report of all costs for maintaining and
 2190  operating the shared facilities. Such report must include copies
 2191  of all receipts and invoices. If such owner fails to provide the
 2192  report and copies of the receipts and invoices to the
 2193  condominium association within the 60-day period, the division
 2194  may impose penalties and otherwise enforce and ensure compliance
 2195  with this subsection.
 2196         (c)Within 60 days after receipt of the complete financial
 2197  report, the association may challenge any apportionment of costs
 2198  for the maintenance and operation of the shared facilities. A
 2199  challenge under this paragraph is governed by s. 720.311.
 2200         Section 16. Subsections (1) and (3) of section 718.501,
 2201  Florida Statutes, are amended, and paragraph (d) is added to
 2202  subsection (2) of that section, to read:
 2203         718.501 Authority, responsibility, and duties of Division
 2204  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2205         (1) The division may enforce and ensure compliance with
 2206  this chapter and rules relating to the development,
 2207  construction, sale, lease, ownership, operation, and management
 2208  of residential condominium units and complaints related to the
 2209  procedural completion of milestone inspections under s. 553.899.
 2210  In performing its duties, the division has complete jurisdiction
 2211  to investigate complaints and enforce compliance with respect to
 2212  associations that are still under developer control or the
 2213  control of a bulk assignee or bulk buyer pursuant to part VII of
 2214  this chapter and complaints against developers, bulk assignees,
 2215  or bulk buyers involving improper turnover or failure to
 2216  turnover, pursuant to s. 718.301. However, after turnover has
 2217  occurred, the division has jurisdiction to review records and
 2218  investigate complaints related only to:
 2219         (a)1. Procedural aspects and records relating to financial
 2220  issues, including annual financial reporting under s.
 2221  718.111(13); assessments for common expenses, fines, and
 2222  commingling of reserve and operating funds under s. 718.111(14);
 2223  use of debit cards for unintended purposes under s. 718.111(15);
 2224  the annual operating budget and the allocation of reserve funds
 2225  under s. 718.112(2)(f); financial records under s.
 2226  718.111(12)(a)11.; and any other record necessary to determine
 2227  the revenues and expenses of the association.
 2228         2. Elections, including election and voting requirements
 2229  under s. 718.112(2)(b) and (d), recall of board members under s.
 2230  718.112(2)(l), electronic voting under s. 718.128, and elections
 2231  that occur during an emergency under s. 718.1265(1)(a).
 2232         3. The maintenance of and unit owner access to association
 2233  records under s. 718.111(12).
 2234         4. The procedural aspects of meetings, including unit owner
 2235  meetings, quorums, voting requirements, proxies, board of
 2236  administration meetings, and budget meetings under s.
 2237  718.112(2).
 2238         5. The disclosure of conflicts of interest under ss.
 2239  718.111(1)(a) and 718.3027, including limitations contained in
 2240  s. 718.111(3)(f).
 2241         6. The removal of a board director or officer under ss.
 2242  718.111(1)(a) and (15) and 718.112(2)(p) and (q).
 2243         7. The procedural completion of structural integrity
 2244  reserve studies under s. 718.112(2)(g) and the milestone
 2245  inspections under s. 553.899.
 2246         8.Completion of repairs required by a milestone inspection
 2247  under s. 553.899.
 2248         9.8. Any written inquiries by unit owners to the
 2249  association relating to such matters, including written
 2250  inquiries under s. 718.112(2)(a)2.
 2251         10.The requirement for associations to maintain an
 2252  insurance policy or fidelity bonding for all persons who control
 2253  or disperse funds of the association under s. 718.111(11)(h).
 2254         11.Board member education requirements under s.
 2255  718.112(2)(d)5.b.
 2256         12.Reporting requirements for structural integrity reserve
 2257  studies under subsection (3) and under s. 718.112(2)(g)12.
 2258         (b)1. The division may make necessary public or private
 2259  investigations within or outside this state to determine whether
 2260  any person has violated this chapter or any rule or order
 2261  hereunder, to aid in the enforcement of this chapter, or to aid
 2262  in the adoption of rules or forms.
 2263         2. The division may submit any official written report,
 2264  worksheet, or other related paper, or a duly certified copy
 2265  thereof, compiled, prepared, drafted, or otherwise made by and
 2266  duly authenticated by a financial examiner or analyst to be
 2267  admitted as competent evidence in any hearing in which the
 2268  financial examiner or analyst is available for cross-examination
 2269  and attests under oath that such documents were prepared as a
 2270  result of an examination or inspection conducted pursuant to
 2271  this chapter.
 2272         (c) The division may require or permit any person to file a
 2273  statement in writing, under oath or otherwise, as the division
 2274  determines, as to the facts and circumstances concerning a
 2275  matter to be investigated.
 2276         (d) For the purpose of any investigation under this
 2277  chapter, the division director or any officer or employee
 2278  designated by the division director may administer oaths or
 2279  affirmations, subpoena witnesses and compel their attendance,
 2280  take evidence, and require the production of any matter which is
 2281  relevant to the investigation, including the existence,
 2282  description, nature, custody, condition, and location of any
 2283  books, documents, or other tangible things and the identity and
 2284  location of persons having knowledge of relevant facts or any
 2285  other matter reasonably calculated to lead to the discovery of
 2286  material evidence. Upon the failure by a person to obey a
 2287  subpoena or to answer questions propounded by the investigating
 2288  officer and upon reasonable notice to all affected persons, the
 2289  division may apply to the circuit court for an order compelling
 2290  compliance.
 2291         (e) Notwithstanding any remedies available to unit owners
 2292  and associations, if the division has reasonable cause to
 2293  believe that a violation of any provision of this chapter or
 2294  related rule has occurred, the division may institute
 2295  enforcement proceedings in its own name against any developer,
 2296  bulk assignee, bulk buyer, association, officer, or member of
 2297  the board of administration, or its assignees or agents, as
 2298  follows:
 2299         1. The division may permit a person whose conduct or
 2300  actions may be under investigation to waive formal proceedings
 2301  and enter into a consent proceeding whereby orders, rules, or
 2302  letters of censure or warning, whether formal or informal, may
 2303  be entered against the person.
 2304         2. The division may issue an order requiring the developer,
 2305  bulk assignee, bulk buyer, association, developer-designated
 2306  officer, or developer-designated member of the board of
 2307  administration, developer-designated assignees or agents, bulk
 2308  assignee-designated assignees or agents, bulk buyer-designated
 2309  assignees or agents, community association manager, or community
 2310  association management firm to cease and desist from the
 2311  unlawful practice and take such affirmative action as in the
 2312  judgment of the division carry out the purposes of this chapter.
 2313  If the division finds that a developer, bulk assignee, bulk
 2314  buyer, association, officer, or member of the board of
 2315  administration, or its assignees or agents, is violating or is
 2316  about to violate any provision of this chapter, any rule adopted
 2317  or order issued by the division, or any written agreement
 2318  entered into with the division, and presents an immediate danger
 2319  to the public requiring an immediate final order, it may issue
 2320  an emergency cease and desist order reciting with particularity
 2321  the facts underlying such findings. The emergency cease and
 2322  desist order is effective for 90 days. If the division begins
 2323  nonemergency cease and desist proceedings, the emergency cease
 2324  and desist order remains effective until the conclusion of the
 2325  proceedings under ss. 120.569 and 120.57.
 2326         3. If a developer, bulk assignee, or bulk buyer fails to
 2327  pay any restitution determined by the division to be owed, plus
 2328  any accrued interest at the highest rate permitted by law,
 2329  within 30 days after expiration of any appellate time period of
 2330  a final order requiring payment of restitution or the conclusion
 2331  of any appeal thereof, whichever is later, the division must
 2332  bring an action in circuit or county court on behalf of any
 2333  association, class of unit owners, lessees, or purchasers for
 2334  restitution, declaratory relief, injunctive relief, or any other
 2335  available remedy. The division may also temporarily revoke its
 2336  acceptance of the filing for the developer to which the
 2337  restitution relates until payment of restitution is made.
 2338         4. The division may petition the court for appointment of a
 2339  receiver or conservator. If appointed, the receiver or
 2340  conservator may take action to implement the court order to
 2341  ensure the performance of the order and to remedy any breach
 2342  thereof. In addition to all other means provided by law for the
 2343  enforcement of an injunction or temporary restraining order, the
 2344  circuit court may impound or sequester the property of a party
 2345  defendant, including books, papers, documents, and related
 2346  records, and allow the examination and use of the property by
 2347  the division and a court-appointed receiver or conservator.
 2348         5. The division may apply to the circuit court for an order
 2349  of restitution whereby the defendant in an action brought under
 2350  subparagraph 4. is ordered to make restitution of those sums
 2351  shown by the division to have been obtained by the defendant in
 2352  violation of this chapter. At the option of the court, such
 2353  restitution is payable to the conservator or receiver appointed
 2354  under subparagraph 4. or directly to the persons whose funds or
 2355  assets were obtained in violation of this chapter.
 2356         6. The division may impose a civil penalty against a
 2357  developer, bulk assignee, or bulk buyer, or association, or its
 2358  assignee or agent, for any violation of this chapter or related
 2359  rule. The division may impose a civil penalty individually
 2360  against an officer or board member who willfully and knowingly
 2361  violates this chapter, an adopted rule, or a final order of the
 2362  division; may order the removal of such individual as an officer
 2363  or from the board of administration or as an officer of the
 2364  association; and may prohibit such individual from serving as an
 2365  officer or on the board of a community association for a period
 2366  of time. The term “willfully and knowingly” means that the
 2367  division informed the officer or board member that his or her
 2368  action or intended action violates this chapter, a rule adopted
 2369  under this chapter, or a final order of the division and that
 2370  the officer or board member refused to comply with the
 2371  requirements of this chapter, a rule adopted under this chapter,
 2372  or a final order of the division. The division, before
 2373  initiating formal agency action under chapter 120, must afford
 2374  the officer or board member an opportunity to voluntarily
 2375  comply, and an officer or board member who complies within 10
 2376  days is not subject to a civil penalty. A penalty may be imposed
 2377  on the basis of each day of continuing violation, but the
 2378  penalty for any offense may not exceed $5,000. The division
 2379  shall adopt, by rule, penalty guidelines applicable to possible
 2380  violations or to categories of violations of this chapter or
 2381  rules adopted by the division. The guidelines must specify a
 2382  meaningful range of civil penalties for each such violation of
 2383  the statute and rules and must be based upon the harm caused by
 2384  the violation, upon the repetition of the violation, and upon
 2385  such other factors deemed relevant by the division. For example,
 2386  the division may consider whether the violations were committed
 2387  by a developer, bulk assignee, or bulk buyer, or owner
 2388  controlled association, the size of the association, and other
 2389  factors. The guidelines must designate the possible mitigating
 2390  or aggravating circumstances that justify a departure from the
 2391  range of penalties provided by the rules. It is the legislative
 2392  intent that minor violations be distinguished from those which
 2393  endanger the health, safety, or welfare of the condominium
 2394  residents or other persons and that such guidelines provide
 2395  reasonable and meaningful notice to the public of likely
 2396  penalties that may be imposed for proscribed conduct. This
 2397  subsection does not limit the ability of the division to
 2398  informally dispose of administrative actions or complaints by
 2399  stipulation, agreed settlement, or consent order. All amounts
 2400  collected shall be deposited with the Chief Financial Officer to
 2401  the credit of the Division of Florida Condominiums, Timeshares,
 2402  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2403  bulk buyer fails to pay the civil penalty and the amount deemed
 2404  to be owed to the association, the division shall issue an order
 2405  directing that such developer, bulk assignee, or bulk buyer
 2406  cease and desist from further operation until such time as the
 2407  civil penalty is paid or may pursue enforcement of the penalty
 2408  in a court of competent jurisdiction. If an association fails to
 2409  pay the civil penalty, the division shall pursue enforcement in
 2410  a court of competent jurisdiction, and the order imposing the
 2411  civil penalty or the cease and desist order is not effective
 2412  until 20 days after the date of such order. Any action commenced
 2413  by the division shall be brought in the county in which the
 2414  division has its executive offices or in the county in which the
 2415  violation occurred.
 2416         7. If a unit owner presents the division with proof that
 2417  the unit owner has requested access to official records in
 2418  writing by certified mail, and that after 10 days the unit owner
 2419  again made the same request for access to official records in
 2420  writing by certified mail, and that more than 10 days has
 2421  elapsed since the second request and the association has still
 2422  failed or refused to provide access to official records as
 2423  required by this chapter, the division shall issue a subpoena
 2424  requiring production of the requested records at the location in
 2425  which the records are kept pursuant to s. 718.112. Upon receipt
 2426  of the records, the division must provide to the unit owner who
 2427  was denied access to such records the produced official records
 2428  without charge.
 2429         8. In addition to subparagraph 6., the division may seek
 2430  the imposition of a civil penalty through the circuit court for
 2431  any violation for which the division may issue a notice to show
 2432  cause under paragraph (t). The civil penalty shall be at least
 2433  $500 but no more than $5,000 for each violation. The court may
 2434  also award to the prevailing party court costs and reasonable
 2435  attorney fees and, if the division prevails, may also award
 2436  reasonable costs of investigation.
 2437         9. The division may issue citations and promulgate rules to
 2438  provide for citation bases and citation procedures in accordance
 2439  with this paragraph.
 2440         (f) The division may prepare and disseminate a prospectus
 2441  and other information to assist prospective owners, purchasers,
 2442  lessees, and developers of residential condominiums in assessing
 2443  the rights, privileges, and duties pertaining thereto.
 2444         (g) The division may adopt rules to administer and enforce
 2445  this chapter.
 2446         (h) The division shall establish procedures for providing
 2447  notice to an association and the developer, bulk assignee, or
 2448  bulk buyer during the period in which the developer, bulk
 2449  assignee, or bulk buyer controls the association if the division
 2450  is considering the issuance of a declaratory statement with
 2451  respect to the declaration of condominium or any related
 2452  document governing such condominium community.
 2453         (i) The division shall furnish each association that pays
 2454  the fees required by paragraph (2)(a) a copy of this chapter, as
 2455  amended, and the rules adopted thereto on an annual basis.
 2456         (j) The division shall annually provide each association
 2457  with a summary of declaratory statements and formal legal
 2458  opinions relating to the operations of condominiums which were
 2459  rendered by the division during the previous year.
 2460         (k) The division shall provide training and educational
 2461  programs for condominium association board members and unit
 2462  owners. The training may, in the division’s discretion, include
 2463  web-based electronic media and live training and seminars in
 2464  various locations throughout the state. The division may review
 2465  and approve education and training programs for board members
 2466  and unit owners offered by providers and shall maintain a
 2467  current list of approved programs and providers and make such
 2468  list available to board members and unit owners in a reasonable
 2469  and cost-effective manner. The division shall provide the
 2470  division-approved provider with the template certificate for
 2471  issuance directly to the association’s board of directors who
 2472  have satisfactorily completed the requirements under s.
 2473  718.112(2)(d). The division shall adopt rules to implement this
 2474  section.
 2475         (l) The division shall maintain a toll-free telephone
 2476  number accessible to condominium unit owners.
 2477         (m) The division shall develop a program to certify both
 2478  volunteer and paid mediators to provide mediation of condominium
 2479  disputes. The division shall provide, upon request, a list of
 2480  such mediators to any association, unit owner, or other
 2481  participant in alternative dispute resolution proceedings under
 2482  s. 718.1255 requesting a copy of the list. The division shall
 2483  include on the list of volunteer mediators only the names of
 2484  persons who have received at least 20 hours of training in
 2485  mediation techniques or who have mediated at least 20 disputes.
 2486  In order to become initially certified by the division, paid
 2487  mediators must be certified by the Supreme Court to mediate
 2488  court cases in county or circuit courts. However, the division
 2489  may adopt, by rule, additional factors for the certification of
 2490  paid mediators, which must be related to experience, education,
 2491  or background. Any person initially certified as a paid mediator
 2492  by the division must, in order to continue to be certified,
 2493  comply with the factors or requirements adopted by rule.
 2494         (n) If a complaint is made, the division must conduct its
 2495  inquiry with due regard for the interests of the affected
 2496  parties. Within 30 days after receipt of a complaint, the
 2497  division shall acknowledge the complaint in writing and notify
 2498  the complainant whether the complaint is within the jurisdiction
 2499  of the division and whether additional information is needed by
 2500  the division from the complainant. The  division shall conduct
 2501  its investigation and, within 90 days after receipt of the
 2502  original complaint or of timely requested additional
 2503  information, take action upon the complaint. However, the
 2504  failure to complete the investigation within 90 days does not
 2505  prevent the division from continuing the investigation,
 2506  accepting or considering evidence obtained or received after 90
 2507  days, or taking administrative action if reasonable cause exists
 2508  to believe that a violation of this chapter or a rule has
 2509  occurred. If an investigation is not completed within the time
 2510  limits established in this paragraph, the division shall, on a
 2511  monthly basis, notify the complainant in writing of the status
 2512  of the investigation. When reporting its action to the
 2513  complainant, the division shall inform the complainant of any
 2514  right to a hearing under ss. 120.569 and 120.57. The division
 2515  may adopt rules regarding the submission of a complaint against
 2516  an association.
 2517         (o) Condominium association directors, officers, and
 2518  employees; condominium developers; bulk assignees, bulk buyers,
 2519  and community association managers; and community association
 2520  management firms have an ongoing duty to reasonably cooperate
 2521  with the division in any investigation under this section. The
 2522  division shall refer to local law enforcement authorities any
 2523  person whom the division believes has altered, destroyed,
 2524  concealed, or removed any record, document, or thing required to
 2525  be kept or maintained by this chapter with the purpose to impair
 2526  its verity or availability in the department’s investigation.
 2527  The division shall refer to local law enforcement authorities
 2528  any person whom the division believes has engaged in fraud,
 2529  theft, embezzlement, or other criminal activity or when the
 2530  division has cause to believe that fraud, theft, embezzlement,
 2531  or other criminal activity has occurred.
 2532         (p) The division director or any officer or employee of the
 2533  division and the condominium ombudsman or any employee of the
 2534  Office of the Condominium Ombudsman may attend and observe any
 2535  meeting of the board of administration or any unit owner
 2536  meeting, including any meeting of a subcommittee or special
 2537  committee, which is open to members of the association for the
 2538  purpose of performing the duties of the division or the Office
 2539  of the Condominium Ombudsman under this chapter.
 2540         (q) The division may:
 2541         1. Contract with agencies in this state or other
 2542  jurisdictions to perform investigative functions; or
 2543         2. Accept grants-in-aid from any source.
 2544         (r) The division shall cooperate with similar agencies in
 2545  other jurisdictions to establish uniform filing procedures and
 2546  forms, public offering statements, advertising standards, and
 2547  rules and common administrative practices.
 2548         (s) The division shall consider notice to a developer, bulk
 2549  assignee, or bulk buyer to be complete when it is delivered to
 2550  the address of the developer, bulk assignee, or bulk buyer
 2551  currently on file with the division.
 2552         (t) In addition to its enforcement authority, the division
 2553  may issue a notice to show cause, which must provide for a
 2554  hearing, upon written request, in accordance with chapter 120.
 2555         (u) If the division receives a complaint regarding access
 2556  to official records on the association’s website or through an
 2557  application that can be downloaded on a mobile device under s.
 2558  718.111(12)(g), the division may request access to the
 2559  association’s website or application and investigate. The
 2560  division may adopt rules to carry out this paragraph.
 2561         (v) The division shall submit to the Governor, the
 2562  President of the Senate, the Speaker of the House of
 2563  Representatives, and the chairs of the legislative
 2564  appropriations committees an annual report that includes, but
 2565  need not be limited to, the number of training programs provided
 2566  for condominium association board members and unit owners, the
 2567  number of complaints received by type, the number and percent of
 2568  complaints acknowledged in writing within 30 days and the number
 2569  and percent of investigations acted upon within 90 days in
 2570  accordance with paragraph (n), and the number of investigations
 2571  exceeding the 90-day requirement. The annual report must also
 2572  include an evaluation of the division’s core business processes
 2573  and make recommendations for improvements, including statutory
 2574  changes. After December 31, 2024, the division must include a
 2575  list of the associations that have completed the structural
 2576  integrity reserve study required under s. 718.112(2)(g). The
 2577  report shall be submitted by September 30 following the end of
 2578  the fiscal year.
 2579         (2)
 2580         (d)Each condominium association must create and maintain
 2581  an online account with the division, as required in subsection
 2582  (3).
 2583         (3) On or before October 1, 2025, all condominium
 2584  associations must create and maintain an online account with the
 2585  division and provide information requested by the division in an
 2586  electronic format determined by the division. The division shall
 2587  adopt rules to implement this subsection. The division may
 2588  require condominium associations to provide such information no
 2589  more than once per year, except that the division may require
 2590  condominium associations to update the contact information in
 2591  paragraph (a) within 30 days after any change. The division
 2592  shall provide a condominium association at least a 45-day notice
 2593  of any requirement to provide any information after the
 2594  condominium association initially creates an online account. The
 2595  information that the division may require from condominium
 2596  associations is limited to:
 2597         (a)Contact information for the association that includes:
 2598         1.Name of the association.
 2599         2. The physical address of the condominium property.
 2600         3.Mailing address and county of the association.
 2601         4.E-mail address and telephone number for the association.
 2602         5.Name and board title for each member of the
 2603  association’s board.
 2604         6.Name and contact information of the association’s
 2605  community association manager or community association
 2606  management firm, if applicable.
 2607         7.The hyperlink or website address of the association’s
 2608  website, if applicable.
 2609         (b)Total number of buildings and for each building in the
 2610  association:
 2611         1.Total number of stories, including both habitable and
 2612  uninhabitable stories.
 2613         2.Total number of units.
 2614         3.Age of each building based on the certificate of
 2615  occupancy.
 2616         4.Any construction commenced within the common elements
 2617  within the calendar year.
 2618         (c)The association’s assessments, including the:
 2619         1.Amount of assessment or special assessment by unit type,
 2620  including reserves.
 2621         2.Purpose of the assessment or special assessment.
 2622         3.Name of the financial institution or institutions with
 2623  which the association maintains accounts.
 2624         (d)A copy of any structural integrity reserve study and
 2625  any associated materials requested by the department within 5
 2626  business days after such request, in a manner prescribed by the
 2627  department.
 2628         (a) On or before January 1, 2023, condominium associations
 2629  existing on or before July 1, 2022, must provide the following
 2630  information to the division in writing, by e-mail, United States
 2631  Postal Service, commercial delivery service, or hand delivery,
 2632  at a physical address or e-mail address provided by the division
 2633  and on a form posted on the division’s website:
 2634         1. The number of buildings on the condominium property that
 2635  are three stories or higher in height.
 2636         2. The total number of units in all such buildings.
 2637         3. The addresses of all such buildings.
 2638         4. The counties in which all such buildings are located.
 2639         (b) The division must compile a list of the number of
 2640  buildings on condominium property that are three stories or
 2641  higher in height, which is searchable by county, and must post
 2642  the list on the division’s website. This list must include all
 2643  of the following information:
 2644         1. The name of each association with buildings on the
 2645  condominium property that are three stories or higher in height.
 2646         2. The number of such buildings on each association’s
 2647  property.
 2648         3. The addresses of all such buildings.
 2649         4. The counties in which all such buildings are located.
 2650         (c) An association must provide an update in writing to the
 2651  division if there are any changes to the information in the list
 2652  under paragraph (b) within 6 months after the change.
 2653         Section 17. Paragraph (d) of subsection (1) and paragraphs
 2654  (d) and (e) of subsection (2) of section 718.503, Florida
 2655  Statutes, are amended to read:
 2656         718.503 Developer disclosure prior to sale; nondeveloper
 2657  unit owner disclosure prior to sale; voidability.—
 2658         (1) DEVELOPER DISCLOSURE.—
 2659         (d) Milestone inspection, turnover inspection report, or
 2660  structural integrity reserve study.—If the association is
 2661  required to have completed a milestone inspection as described
 2662  in 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, and the association has not completed
 2665  the milestone inspection, the turnover inspection report, or the
 2666  structural integrity reserve study, each contract entered into
 2667  after December 31, 2024, for the sale of a residential unit
 2668  shall contain in conspicuous type a statement indicating that
 2669  the association is required to have a milestone inspection, a
 2670  turnover inspection report, or a structural integrity reserve
 2671  study and has not completed such inspection, report, or study,
 2672  as appropriate. If the association is not required to have a
 2673  milestone inspection as described in s. 553.899 or a structural
 2674  integrity reserve study, each contract entered into after
 2675  December 31, 2024, for the sale of a residential unit shall
 2676  contain in conspicuous type a statement indicating that the
 2677  association is not required to have a milestone inspection or a
 2678  structural integrity reserve study, as appropriate. If the
 2679  association has completed a milestone inspection as described in
 2680  s. 553.899, a turnover inspection report for a turnover
 2681  inspection performed on or after July 1, 2023, or a structural
 2682  integrity reserve study, each contract entered into after
 2683  December 31, 2024, for the sale of a residential unit shall
 2684  contain in conspicuous type:
 2685         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2686  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 2687  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2688  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2689  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2690  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2691  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2692  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2693  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 2694  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 2695  PRIOR TO EXECUTION OF THIS CONTRACT; and
 2696         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2697  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2698  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2699  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2700  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 2701  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2702  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2703  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2704  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2705  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2706  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2707  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 2708  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2709  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 2710  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2711  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 2712  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 2713  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 2714  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 2715  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 2716  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 2717  718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
 2718  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 2719  CLOSING.
 2720  
 2721  A contract that does not conform to the requirements of this
 2722  paragraph is voidable at the option of the purchaser before
 2723  prior to closing.
 2724         (2) NONDEVELOPER DISCLOSURE.—
 2725         (d) Each contract entered into after July 1, 1992, for the
 2726  resale of a residential unit must shall contain in conspicuous
 2727  type either:
 2728         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2729  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
 2730  OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
 2731  BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT
 2732  ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY
 2733  ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 7 3 DAYS,
 2734  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE PRIOR
 2735  TO EXECUTION OF THIS CONTRACT; or
 2736         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2737  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2738  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2739  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2740  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
 2741  OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF
 2742  THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL
 2743  STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND
 2744  ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
 2745  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2746  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 2747  3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2748  THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
 2749  BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
 2750  RECENT YEAR-END FINANCIAL STATEMENT AND ANNUAL BUDGET
 2751  INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT
 2752  IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT
 2753  SHALL TERMINATE AT CLOSING.
 2754  
 2755  A contract that does not conform to the requirements of this
 2756  paragraph is voidable at the option of the purchaser before
 2757  prior to closing.
 2758         (e) If the association is required to have completed a
 2759  milestone inspection as described in s. 553.899, a turnover
 2760  inspection report for a turnover inspection performed on or
 2761  after July 1, 2023, or a structural integrity reserve study, and
 2762  the association has not completed the milestone inspection, the
 2763  turnover inspection report, or the structural integrity reserve
 2764  study, each contract entered into after December 31, 2024, for
 2765  the sale of a residential unit shall contain in conspicuous type
 2766  a statement indicating that the association is required to have
 2767  a milestone inspection, a turnover inspection report, or a
 2768  structural integrity reserve study and has not completed such
 2769  inspection, report, or study, as appropriate. If the association
 2770  is not required to have a milestone inspection as described in
 2771  s. 553.899 or a structural integrity reserve study, each
 2772  contract entered into after December 31, 2024, for the sale of a
 2773  residential unit shall contain in conspicuous type a statement
 2774  indicating that the association is not required to have a
 2775  milestone inspection or a structural integrity reserve study, as
 2776  appropriate. If the association has completed a milestone
 2777  inspection as described in s. 553.899, a turnover inspection
 2778  report for a turnover inspection performed on or after July 1,
 2779  2023, or a structural integrity reserve study, each contract
 2780  entered into after December 31, 2024, for the resale of a
 2781  residential unit shall contain in conspicuous type:
 2782         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2783  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 2784  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2785  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2786  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2787  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2788  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2789  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2790  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 3
 2791  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 2792  PRIOR TO EXECUTION OF THIS CONTRACT; and
 2793         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2794  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2795  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2796  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2797  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 2798  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 2799  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 2800  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 2801  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 2802  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 2803  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
 2804  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 2805  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 2806  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 2807  3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 2808  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 2809  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 2810  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 2811  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 2812  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 2813  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 2814  718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
 2815  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 2816  CLOSING.
 2817  
 2818  A contract that does not conform to the requirements of this
 2819  paragraph is voidable at the option of the purchaser before
 2820  prior to closing.
 2821         Section 18. Section 8 of chapter 2024-244, Laws of Florida,
 2822  is amended to read:
 2823         Section 8. Effective January 1, 2026, paragraph (g) of
 2824  subsection (12) of section 718.111, Florida Statutes, as amended
 2825  by this act, is amended to read:
 2826         718.111 The association.—
 2827         (12) OFFICIAL RECORDS.—
 2828         (g)1. An association managing a condominium with 25 or more
 2829  units which does not contain timeshare units shall post digital
 2830  copies of the documents specified in subparagraph 2. on its
 2831  website or make such documents available through an application
 2832  that can be downloaded on a mobile device. Unless a shorter
 2833  period is otherwise required, a document must be made available
 2834  on the association’s website or made available for download
 2835  through an application on a mobile device within 30 days after
 2836  the association receives or creates an official record specified
 2837  in subparagraph 2.
 2838         a. The association’s website or application must be:
 2839         (I) An independent website, application, or web portal
 2840  wholly owned and operated by the association; or
 2841         (II) A website, application, or web portal operated by a
 2842  third-party provider with whom the association owns, leases,
 2843  rents, or otherwise obtains the right to operate a web page,
 2844  subpage, web portal, collection of subpages or web portals, or
 2845  an application which is dedicated to the association’s
 2846  activities and on which required notices, records, and documents
 2847  may be posted or made available by the association.
 2848         b. The association’s website or application must be
 2849  accessible through the Internet and must contain a subpage, web
 2850  portal, or other protected electronic location that is
 2851  inaccessible to the general public and accessible only to unit
 2852  owners and employees of the association.
 2853         c. Upon a unit owner’s written request, the association
 2854  must provide the unit owner with a username and password and
 2855  access to the protected sections of the association’s website or
 2856  application which contain any notices, records, or documents
 2857  that must be electronically provided.
 2858         2. A current copy of the following documents must be posted
 2859  in digital format on the association’s website or application:
 2860         a. The recorded declaration of condominium of each
 2861  condominium operated by the association and each amendment to
 2862  each declaration.
 2863         b. The recorded bylaws of the association and each
 2864  amendment to the bylaws.
 2865         c. The articles of incorporation of the association, or
 2866  other documents creating the association, and each amendment to
 2867  the articles of incorporation or other documents. The copy
 2868  posted pursuant to this sub-subparagraph must be a copy of the
 2869  articles of incorporation filed with the Department of State.
 2870         d. The rules of the association.
 2871         e. The approved minutes of all board of administration
 2872  meetings over the preceding 12 months.
 2873         f. The video recording or a hyperlink to the video
 2874  recording for all meetings of the association, the board of
 2875  administration, any committee, and the unit owners which are
 2876  conducted by video conference over the preceding 12 months.
 2877         g. A list of all executory contracts or documents to which
 2878  the association is a party or under which the association or the
 2879  unit owners have an obligation or responsibility and, after
 2880  bidding for the related materials, equipment, or services has
 2881  closed, a list of bids received by the association within the
 2882  past year. Summaries of bids for materials, equipment, or
 2883  services which exceed $500 must be maintained on the website or
 2884  application for 1 year. In lieu of summaries, complete copies of
 2885  the bids may be posted.
 2886         h.f. The annual budget required by s. 718.112(2)(f) and any
 2887  proposed budget to be considered at the annual meeting.
 2888         i.g. The financial report required by subsection (13) and
 2889  any monthly income or expense statement to be considered at a
 2890  meeting.
 2891         j.h. The certification of each director required by s.
 2892  718.112(2)(d)4.b.
 2893         k.i. All contracts or transactions between the association
 2894  and any director, officer, corporation, firm, or association
 2895  that is not an affiliated condominium association or any other
 2896  entity in which an association director is also a director or
 2897  officer and financially interested.
 2898         l.j. Any contract or document regarding a conflict of
 2899  interest or possible conflict of interest as provided in ss.
 2900  468.4335, 468.436(2)(b)6., and 718.3027(3).
 2901         m.k. The notice of any unit owner meeting and the agenda
 2902  for the meeting, as required by s. 718.112(2)(d)3., no later
 2903  than 14 days before the meeting. The notice must be posted in
 2904  plain view on the front page of the website or application, or
 2905  on a separate subpage of the website or application labeled
 2906  “Notices” which is conspicuously visible and linked from the
 2907  front page. The association must also post on its website or
 2908  application any document to be considered and voted on by the
 2909  owners during the meeting or any document listed on the agenda
 2910  at least 7 days before the meeting at which the document or the
 2911  information within the document will be considered.
 2912         n.l. Notice of any board meeting, the agenda, and any other
 2913  document required for the meeting as required by s.
 2914  718.112(2)(c), which must be posted no later than the date
 2915  required for notice under s. 718.112(2)(c).
 2916         o.m. The inspection reports described in ss. 553.899 and
 2917  718.301(4)(p) and any other inspection report relating to a
 2918  structural or life safety inspection of condominium property.
 2919         p.n. The association’s most recent structural integrity
 2920  reserve study, if applicable.
 2921         q.o. Copies of all building permits issued for ongoing or
 2922  planned construction.
 2923         r. A copy of all affidavits required by this chapter.
 2924         3. The association shall ensure that the information and
 2925  records described in paragraph (c), which are not allowed to be
 2926  accessible to unit owners, are not posted on the association’s
 2927  website or application. If protected information or information
 2928  restricted from being accessible to unit owners is included in
 2929  documents that are required to be posted on the association’s
 2930  website or application, the association shall ensure the
 2931  information is redacted before posting the documents.
 2932  Notwithstanding the foregoing, the association or its agent is
 2933  not liable for disclosing information that is protected or
 2934  restricted under this paragraph unless such disclosure was made
 2935  with a knowing or intentional disregard of the protected or
 2936  restricted nature of such information.
 2937         4. The failure of the association to post information
 2938  required under subparagraph 2. is not in and of itself
 2939  sufficient to invalidate any action or decision of the
 2940  association’s board or its committees.
 2941         Section 19. Section 31 of chapter 2024-244, Laws of
 2942  Florida, is amended to read:
 2943         Section 31. The amendments made to ss. 718.103(14) and
 2944  718.202(3) and 718.407(1), (2), and (6), Florida Statutes, as
 2945  created by this act, may not are intended to clarify existing
 2946  law and shall apply retroactively and shall only apply to
 2947  condominiums for which declarations were initially recorded on
 2948  or after October 1, 2024. However, such amendments do not revive
 2949  or reinstate any right or interest that has been fully and
 2950  finally adjudicated as invalid before October 1, 2024.
 2951         Section 20. Subsection (13) is added to section 719.104,
 2952  Florida Statutes, to read:
 2953         719.104 Cooperatives; access to units; records; financial
 2954  reports; assessments; purchase of leases.—
 2955         (13) INVESTMENT OF ASSOCIATION FUNDS.—
 2956         (a) A board shall, in fulfilling its duty to manage
 2957  operating and reserve funds of its association, use best efforts
 2958  to make prudent investment decisions that carefully consider
 2959  risk and return in an effort to maximize returns on invested
 2960  funds.
 2961         (b) An association may invest reserve funds in one or any
 2962  combination of certificates of deposit or in depository accounts
 2963  at a community bank, savings bank, commercial bank, savings and
 2964  loan association, or credit union without a vote of the unit
 2965  owners.
 2966         Section 21. Paragraphs (j) and (k) of subsection (1) of
 2967  section 719.106, Florida Statutes, are amended to read:
 2968         719.106 Bylaws; cooperative ownership.—
 2969         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2970  documents shall provide for the following, and if they do not,
 2971  they shall be deemed to include the following:
 2972         (j) Annual budget.—
 2973         1. The proposed annual budget of common expenses must be
 2974  detailed and must show the amounts budgeted by accounts and
 2975  expense classifications, including, if applicable, but not
 2976  limited to, those expenses listed in s. 719.504(20). The board
 2977  of administration shall adopt the annual budget at least 14 days
 2978  before the start of the association’s fiscal year. In the event
 2979  that the board fails to timely adopt the annual budget a second
 2980  time, it is deemed a minor violation and the prior year’s budget
 2981  shall continue in effect until a new budget is adopted.
 2982         2.a. In addition to annual operating expenses, the budget
 2983  must include reserve accounts for capital expenditures and
 2984  deferred maintenance. These accounts must include, but not be
 2985  limited to, roof replacement, building painting, and pavement
 2986  resurfacing, regardless of the amount of deferred maintenance
 2987  expense or replacement cost, and for any other items for which
 2988  the deferred maintenance expense or replacement cost exceeds
 2989  $25,000 or the inflation-adjusted amount determined by the
 2990  division under subparagraph 6., whichever amount is greater
 2991  $10,000. The amount to be reserved must be computed by means of
 2992  a formula which is based upon estimated remaining useful life
 2993  and estimated replacement cost or deferred maintenance expense
 2994  of the reserve item. In a budget adopted by an association that
 2995  is required to obtain a structural integrity reserve study,
 2996  reserves must be maintained for the items identified in
 2997  paragraph (k) for which the association is responsible pursuant
 2998  to the declaration, and the reserve amount for such items must
 2999  be based on the findings and recommendations of the
 3000  association’s most recent structural integrity reserve study.
 3001  With respect to items for which an estimate of useful life is
 3002  not readily ascertainable or with an estimated remaining useful
 3003  life of greater than 25 years, an association is not required to
 3004  reserve replacement costs for such items, but an association
 3005  must reserve the amount of deferred maintenance expense, if any,
 3006  which is recommended by the structural integrity reserve study
 3007  for such items. The association may adjust replacement reserve
 3008  assessments annually to take into account an inflation
 3009  adjustment and any changes in estimates or extension of the
 3010  useful life of a reserve item caused by deferred maintenance.
 3011         b. The members of a unit-owner-controlled association may
 3012  determine, by a majority vote of the total voting interests of
 3013  the association, for a fiscal year to provide no reserves or
 3014  reserves less adequate than required by this subsection. Before
 3015  turnover of control of an association by a developer to unit
 3016  owners other than a developer under s. 719.301, the developer
 3017  controlled association may not vote to waive the reserves or
 3018  reduce funding of the reserves.
 3019         c. For a budget adopted on or after December 31, 2024, a
 3020  unit-owner-controlled association that must obtain a structural
 3021  integrity reserve study may not determine to provide no reserves
 3022  or reserves less adequate than required by this paragraph for
 3023  items listed in paragraph (k). If a meeting of the unit owners
 3024  has been called to determine to provide no reserves, or reserves
 3025  less adequate than required, and such result is not attained or
 3026  a quorum is not attained, the reserves as included in the budget
 3027  shall go into effect.
 3028         d. If the local building official as defined in s. 468.603,
 3029  determines that the entire cooperative building is uninhabitable
 3030  due to a natural emergency as defined in s. 252.34, the board
 3031  may pause the contribution to its reserves or reduce reserve
 3032  funding until the local building official determines that the
 3033  cooperative building is habitable. Any reserve account funds
 3034  held by the association may be expended, pursuant to the board’s
 3035  determination, to make the cooperative building and its
 3036  structures habitable. Upon the determination by the local
 3037  building official that the cooperative building is habitable,
 3038  the association must immediately resume contributing funds to
 3039  its reserves.
 3040         3.a.(I) Reserves for the items identified in paragraph (g)
 3041  may be funded by regular assessments, special assessments, lines
 3042  of credit, or loans. A special assessment, a line of credit, or
 3043  a loan under this sub-subparagraph requires the approval of a
 3044  majority vote of the total voting interests of the association.
 3045         (II) A unit-owner-controlled association that is required
 3046  to have a structural reserve study may secure a line of credit
 3047  or a loan to fund capital expenses required by a milestone
 3048  inspection under s. 553.899 or a structural integrity reserve
 3049  study. The lines of credit or loans must be sufficient to fund
 3050  the cumulative amount of any previously waived or unfunded
 3051  portion of the reserve funding amount required by this paragraph
 3052  and the most recent structural integrity reserve study. Funding
 3053  from the line of credit or loans must be immediately available
 3054  for access by the board to fund required repair, maintenance, or
 3055  replacement expenses without further approval by the members of
 3056  the association. A special assessment, a line of credit, or a
 3057  loan secured under this sub-subparagraph and related details
 3058  must be included in the annual financial statement required
 3059  under s. 719.104(4) to be delivered to unit owners and required
 3060  under s. 718.503 to be provided to prospective purchasers of a
 3061  unit.
 3062         b. For a budget adopted on or before December 31, 2028, if
 3063  the association has completed a milestone inspection pursuant to
 3064  s. 553.899 within the previous 2 calendar years, the board, upon
 3065  the approval of a majority of the total voting interests of the
 3066  association, may temporarily pause, for a period of no more than
 3067  two consecutive annual budgets, reserve fund contributions or
 3068  reduce the amount of reserve funding for the purpose of funding
 3069  repairs recommended by the milestone inspection. This sub
 3070  subparagraph does not apply to a developer-controlled
 3071  association and an association in which the nondeveloper unit
 3072  owners have been in control for less than 1 year. An association
 3073  that has paused reserve contributions under this sub
 3074  subparagraph must have a structural integrity reserve study
 3075  performed before the continuation of reserve contributions in
 3076  order to determine the association’s reserve funding needs and
 3077  to recommend a reserve funding plan.
 3078         4.3. Reserve funds and any interest accruing thereon shall
 3079  remain in the reserve account or accounts, and shall be used
 3080  only for authorized reserve expenditures unless their use for
 3081  other purposes is approved in advance by a vote of the majority
 3082  of the total voting interests of the association. Before
 3083  turnover of control of an association by a developer to unit
 3084  owners other than the developer under s. 719.301, the developer
 3085  may not vote to use reserves for purposes other than that for
 3086  which they were intended. For a budget adopted on or after
 3087  December 31, 2024, members of a unit-owner-controlled
 3088  association that must obtain a structural integrity reserve
 3089  study may not vote to use reserve funds, or any interest
 3090  accruing thereon, for purposes other than the replacement or
 3091  deferred maintenance costs of the components listed in paragraph
 3092  (k).
 3093         5.An association’s reserve accounts may be pooled for two
 3094  or more required components. Reserve funding for components
 3095  identified in paragraph (g) may only be pooled with other
 3096  components identified in paragraph (g). The reserve funding
 3097  indicated in the proposed annual budget must be sufficient to
 3098  ensure that available funds meet or exceed projected expenses
 3099  for all components in the reserve pool based on the reserve
 3100  funding plan or schedule of the most recent structural integrity
 3101  reserve study. A vote of the members is not required for the
 3102  board to change the accounting method for reserves to a pooling
 3103  accounting method or a straight-line accounting method.
 3104         6. The division shall annually adjust for inflation, based
 3105  on the Consumer Price Index for All Urban Consumers released in
 3106  January of each year, the minimum $25,000 threshold amount for
 3107  required reserves. By February 1, 2026, and annually thereafter,
 3108  the division must conspicuously post on its website the
 3109  inflation-adjusted minimum threshold amount for required
 3110  reserves.
 3111         (k) Structural integrity reserve study.—
 3112         1. A residential cooperative association must have a
 3113  structural integrity reserve study completed at least every 10
 3114  years for each building on the cooperative property that is
 3115  three habitable stories or higher in height, as determined by
 3116  the Florida Building Code, that includes, at a minimum, a study
 3117  of the following items as related to the structural integrity
 3118  and safety of the building:
 3119         a. Roof.
 3120         b. Structure, including load-bearing walls and other
 3121  primary structural members and primary structural systems as
 3122  those terms are defined in s. 627.706.
 3123         c. Fireproofing and fire protection systems.
 3124         d. Plumbing.
 3125         e. Electrical systems.
 3126         f. Waterproofing and exterior painting.
 3127         g. Windows and exterior doors.
 3128         h. Any other item that has a deferred maintenance expense
 3129  or replacement cost that exceeds $25,000 or the inflation
 3130  adjusted amount determined by the division under subparagraph
 3131  (j)6., whichever is greater, $10,000 and the failure to replace
 3132  or maintain such item negatively affects the items listed in
 3133  sub-subparagraphs a.-g., as determined by the visual inspection
 3134  portion of the structural integrity reserve study.
 3135         2. A structural integrity reserve study is based on a
 3136  visual inspection of the cooperative property.
 3137         3.a. A structural integrity reserve study may be performed
 3138  by any person qualified to perform such study. However,
 3139  including the visual inspection portion of the structural
 3140  integrity reserve study, must be performed or verified by an
 3141  engineer licensed under chapter 471, an architect licensed under
 3142  chapter 481, or a person certified as a reserve specialist or
 3143  professional reserve analyst by the Community Associations
 3144  Institute or the Association of Professional Reserve Analysts.
 3145         b. Any design professional as defined in s. 558.002(7) or
 3146  contractor licensed under chapter 489 who bids to perform a
 3147  structural integrity reserve study must disclose in writing to
 3148  the association his or her intent to bid on any services related
 3149  to any maintenance, repair, or replacement that may be
 3150  recommended by the structural integrity reserve study. Any
 3151  design professional as defined in s. 558.002 or contractor
 3152  licensed under chapter 489 who submits a bid to the association
 3153  for performing any services recommended by the structural
 3154  integrity reserve study may not have an interest, directly or
 3155  indirectly, in the firm or entity providing the association’s
 3156  structural integrity reserve study or be a relative of any
 3157  person having a direct or indirect interest in such firm, unless
 3158  such relationship is disclosed to the association in writing. As
 3159  used in this section, the term “relative” means a relative
 3160  within the third degree of consanguinity by blood or marriage. A
 3161  contract for services is voidable and terminates upon the
 3162  association filing a written notice terminating the contract if
 3163  the design professional or licensed contractor failed to provide
 3164  the written disclosure of the relationship required under this
 3165  paragraph. A design professional or licensed contractor may be
 3166  subject to discipline under the applicable practice act for his
 3167  or her profession for failure to provide the written disclosure
 3168  of the relationship required under this subparagraph.
 3169         4.a.3. At a minimum, a structural integrity reserve study
 3170  must identify each item of the cooperative property being
 3171  visually inspected, state the estimated remaining useful life
 3172  and the estimated replacement cost or deferred maintenance
 3173  expense of each item of the cooperative property being visually
 3174  inspected, and provide a reserve funding schedule with a
 3175  recommended annual reserve amount that achieves the estimated
 3176  replacement cost or deferred maintenance expense of each item of
 3177  cooperative property being visually inspected by the end of the
 3178  estimated remaining useful life of the item. The structural
 3179  integrity reserve study may recommend that reserves do not need
 3180  to be maintained for any item for which an estimate of useful
 3181  life and an estimate of replacement cost cannot be determined,
 3182  or the study may recommend a deferred maintenance expense amount
 3183  for such item. At a minimum, the structural integrity reserve
 3184  study must include a recommendation for a reserve funding
 3185  schedule based on a baseline funding plan that provides a
 3186  reserve funding goal in which the reserve funding for each
 3187  budget year is sufficient to maintain the reserve cash balance
 3188  above zero. The study may recommend other types of reserve
 3189  funding schedules, provided that each recommended schedule is
 3190  sufficient to meet the association’s maintenance obligation.
 3191         b. The structural integrity reserve study may recommend
 3192  that reserves for replacement costs do not need to be maintained
 3193  for any item with an estimated remaining useful life of greater
 3194  than 25 years, but the study may recommend a deferred
 3195  maintenance expense amount for such item. If the structural
 3196  integrity reserve study recommends reserves for any item for
 3197  which reserves are not required under this paragraph, the amount
 3198  of the recommended reserves for such item must be separately
 3199  identified in the structural integrity reserve study as an item
 3200  for which reserves are not required under this paragraph.
 3201         c. The structural integrity reserve study must take into
 3202  consideration the funding method or methods used by the
 3203  association to fund its maintenance and reserve funding
 3204  obligations through regular assessments, special assessments,
 3205  lines of credit, or loans. If the structural integrity reserve
 3206  study is performed before the association has approved a special
 3207  assessment or secured a line of credit or a loan, the structural
 3208  integrity reserve study must be updated to reflect the funding
 3209  method selected by the association and its effect on the reserve
 3210  funding schedule, including any anticipated change in the amount
 3211  of regular assessments. The structural integrity reserve study
 3212  may be updated to reflect any changes to the useful life of the
 3213  reserve items after such items are repaired or replaced, and the
 3214  effect such repair or replacement will have on the reserve
 3215  funding schedule. The association must obtain an updated
 3216  structural integrity reserve study before adopting any budget in
 3217  which the reserve funding from regular assessments, special
 3218  assessments, lines of credit, or loans do not align with the
 3219  funding plan from the most recent version of the structural
 3220  integrity reserve study.
 3221         5.4. This paragraph does not apply to buildings less than
 3222  three stories in height; single-family, two-family, or three
 3223  family, or four-family dwellings with three or fewer habitable
 3224  stories above ground; any portion or component of a building
 3225  that has not been submitted to the cooperative form of
 3226  ownership; or any portion or component of a building that is
 3227  maintained by a party other than the association.
 3228         6.5. Before a developer turns over control of an
 3229  association to unit owners other than the developer, the
 3230  developer must have a turnover inspection report in compliance
 3231  with s. 719.301(4)(p) and (q) for each building on the
 3232  cooperative property that is three stories or higher in height.
 3233         7.6. Associations existing on or before July 1, 2022, which
 3234  are controlled by unit owners other than the developer, must
 3235  have a structural integrity reserve study completed by December
 3236  31, 2024, for each building on the cooperative property that is
 3237  three stories or higher in height. An association that is
 3238  required to complete a milestone inspection on or before
 3239  December 31, 2026, in accordance with s. 553.899 may complete
 3240  the structural integrity reserve study simultaneously with the
 3241  milestone inspection. In no event may the structural integrity
 3242  reserve study be completed after December 31, 2026.
 3243         8.7. If the milestone inspection required by s. 553.899, or
 3244  an inspection completed for a similar local requirement, was
 3245  performed within the past 5 years and meets the requirements of
 3246  this paragraph, such inspection may be used in place of the
 3247  visual inspection portion of the structural integrity reserve
 3248  study.
 3249         9. If the association completes a milestone inspection
 3250  required by s. 553.899, or an inspection completed for a similar
 3251  local requirement, the association may delay performance of a
 3252  required structural integrity reserve study for no more than the
 3253  2 consecutive budget years immediately following the milestone
 3254  inspection in order to allow the association to focus its
 3255  financial resources on completing the repair and maintenance
 3256  recommendations of the milestone inspection.
 3257         10.8. If the officers or directors of an association
 3258  willfully and knowingly fail to complete a structural integrity
 3259  reserve study pursuant to this paragraph, such failure is a
 3260  breach of an officer’s and director’s fiduciary relationship to
 3261  the unit owners under s. 719.104(9). An officer or a director of
 3262  the association must sign an affidavit acknowledging receipt of
 3263  the completed structural integrity reserve study.
 3264         11.9. Within 45 days after receiving the structural
 3265  integrity reserve study, the association must distribute a copy
 3266  of the study to each unit owner or deliver to each unit owner a
 3267  notice that the completed study is available for inspection and
 3268  copying upon a written request. Distribution of a copy of the
 3269  study or notice must be made by United States mail or personal
 3270  delivery at the mailing address, property address, or any other
 3271  address of the owner provided to fulfill the association’s
 3272  notice requirements under this chapter, or by electronic
 3273  transmission to the e-mail address or facsimile number provided
 3274  to fulfill the association’s notice requirements to unit owners
 3275  who previously consented to receive notice by electronic
 3276  transmission.
 3277         12.10. Within 45 days after receiving the structural
 3278  integrity reserve study, the association must provide the
 3279  division with a statement indicating that the study was
 3280  completed and that the association provided or made available
 3281  such study to each unit owner in accordance with this section.
 3282  Such statement must be provided to the division in the manner
 3283  established by the division using a form posted on the
 3284  division’s website.
 3285         13. The division shall adopt by rule the form for the
 3286  structural integrity reserve study in coordination with the
 3287  Florida Building Commission.
 3288         Section 22. Paragraph (i) of subsection (1) of section
 3289  719.128, Florida Statutes, is amended to read:
 3290         719.128 Association emergency powers.—
 3291         (1) To the extent allowed by law, unless specifically
 3292  prohibited by the cooperative documents, and consistent with s.
 3293  617.0830, the board of administration, in response to damage or
 3294  injury caused by or anticipated in connection with an emergency,
 3295  as defined in s. 252.34(4), for which a state of emergency is
 3296  declared pursuant to s. 252.36 in the area encompassed by the
 3297  cooperative, may exercise the following powers:
 3298         (i) Require the evacuation of the cooperative property in
 3299  the event of an a mandatory evacuation order in the area in
 3300  which where the cooperative is located or prohibit or restrict
 3301  access to the cooperative property in the event of a public
 3302  health threat. If a unit owner or other occupant of a
 3303  cooperative fails or refuses to evacuate the cooperative
 3304  property for which the board has required evacuation, the
 3305  association is immune from liability for injury to persons or
 3306  property arising from such failure or refusal.
 3307         Section 23. Subsection (3) of section 719.501, Florida
 3308  Statutes, is amended, paragraph (c) is added to subsection (2)
 3309  of that section, and subsection (1) of that section is
 3310  reenacted, to read:
 3311         719.501 Powers and duties of Division of Florida
 3312  Condominiums, Timeshares, and Mobile Homes.—
 3313         (1) The Division of Florida Condominiums, Timeshares, and
 3314  Mobile Homes of the Department of Business and Professional
 3315  Regulation, referred to as the “division” in this part, in
 3316  addition to other powers and duties prescribed by chapter 718,
 3317  has the power to enforce and ensure compliance with this chapter
 3318  and adopted rules relating to the development, construction,
 3319  sale, lease, ownership, operation, and management of residential
 3320  cooperative units; complaints related to the procedural
 3321  completion of the structural integrity reserve studies under s.
 3322  719.106(1)(k); and complaints related to the procedural
 3323  completion of milestone inspections under s. 553.899. In
 3324  performing its duties, the division shall have the following
 3325  powers and duties:
 3326         (a) The division may make necessary public or private
 3327  investigations within or outside this state to determine whether
 3328  any person has violated this chapter or any rule or order
 3329  hereunder, to aid in the enforcement of this chapter, or to aid
 3330  in the adoption of rules or forms hereunder.
 3331         (b) The division may require or permit any person to file a
 3332  statement in writing, under oath or otherwise, as the division
 3333  determines, as to the facts and circumstances concerning a
 3334  matter to be investigated.
 3335         (c) For the purpose of any investigation under this
 3336  chapter, the division director or any officer or employee
 3337  designated by the division director may administer oaths or
 3338  affirmations, subpoena witnesses and compel their attendance,
 3339  take evidence, and require the production of any matter which is
 3340  relevant to the investigation, including the existence,
 3341  description, nature, custody, condition, and location of any
 3342  books, documents, or other tangible things and the identity and
 3343  location of persons having knowledge of relevant facts or any
 3344  other matter reasonably calculated to lead to the discovery of
 3345  material evidence. Upon failure by a person to obey a subpoena
 3346  or to answer questions propounded by the investigating officer
 3347  and upon reasonable notice to all persons affected thereby, the
 3348  division may apply to the circuit court for an order compelling
 3349  compliance.
 3350         (d) Notwithstanding any remedies available to unit owners
 3351  and associations, if the division has reasonable cause to
 3352  believe that a violation of any provision of this chapter or
 3353  related rule has occurred, the division may institute
 3354  enforcement proceedings in its own name against a developer,
 3355  association, officer, or member of the board, or its assignees
 3356  or agents, as follows:
 3357         1. The division may permit a person whose conduct or
 3358  actions may be under investigation to waive formal proceedings
 3359  and enter into a consent proceeding whereby orders, rules, or
 3360  letters of censure or warning, whether formal or informal, may
 3361  be entered against the person.
 3362         2. The division may issue an order requiring the developer,
 3363  association, officer, or member of the board, or its assignees
 3364  or agents, to cease and desist from the unlawful practice and
 3365  take such affirmative action as in the judgment of the division
 3366  will carry out the purposes of this chapter. Such affirmative
 3367  action may include, but is not limited to, an order requiring a
 3368  developer to pay moneys determined to be owed to a condominium
 3369  association.
 3370         3. The division may bring an action in circuit court on
 3371  behalf of a class of unit owners, lessees, or purchasers for
 3372  declaratory relief, injunctive relief, or restitution.
 3373         4. The division may impose a civil penalty against a
 3374  developer or association, or its assignees or agents, for any
 3375  violation of this chapter or related rule. The division may
 3376  impose a civil penalty individually against any officer or board
 3377  member who willfully and knowingly violates a provision of this
 3378  chapter, a rule adopted pursuant to this chapter, or a final
 3379  order of the division. The term “willfully and knowingly” means
 3380  that the division informed the officer or board member that his
 3381  or her action or intended action violates this chapter, a rule
 3382  adopted under this chapter, or a final order of the division,
 3383  and that the officer or board member refused to comply with the
 3384  requirements of this chapter, a rule adopted under this chapter,
 3385  or a final order of the division. The division, prior to
 3386  initiating formal agency action under chapter 120, shall afford
 3387  the officer or board member an opportunity to voluntarily comply
 3388  with this chapter, a rule adopted under this chapter, or a final
 3389  order of the division. An officer or board member who complies
 3390  within 10 days is not subject to a civil penalty. A penalty may
 3391  be imposed on the basis of each day of continuing violation, but
 3392  in no event shall the penalty for any offense exceed $5,000. The
 3393  division shall adopt, by rule, penalty guidelines applicable to
 3394  possible violations or to categories of violations of this
 3395  chapter or rules adopted by the division. The guidelines must
 3396  specify a meaningful range of civil penalties for each such
 3397  violation of the statute and rules and must be based upon the
 3398  harm caused by the violation, upon the repetition of the
 3399  violation, and upon such other factors deemed relevant by the
 3400  division. For example, the division may consider whether the
 3401  violations were committed by a developer or owner-controlled
 3402  association, the size of the association, and other factors. The
 3403  guidelines must designate the possible mitigating or aggravating
 3404  circumstances that justify a departure from the range of
 3405  penalties provided by the rules. It is the legislative intent
 3406  that minor violations be distinguished from those which endanger
 3407  the health, safety, or welfare of the cooperative residents or
 3408  other persons and that such guidelines provide reasonable and
 3409  meaningful notice to the public of likely penalties that may be
 3410  imposed for proscribed conduct. This subsection does not limit
 3411  the ability of the division to informally dispose of
 3412  administrative actions or complaints by stipulation, agreed
 3413  settlement, or consent order. All amounts collected shall be
 3414  deposited with the Chief Financial Officer to the credit of the
 3415  Division of Florida Condominiums, Timeshares, and Mobile Homes
 3416  Trust Fund. If a developer fails to pay the civil penalty, the
 3417  division shall thereupon issue an order directing that such
 3418  developer cease and desist from further operation until such
 3419  time as the civil penalty is paid or may pursue enforcement of
 3420  the penalty in a court of competent jurisdiction. If an
 3421  association fails to pay the civil penalty, the division shall
 3422  thereupon pursue enforcement in a court of competent
 3423  jurisdiction, and the order imposing the civil penalty or the
 3424  cease and desist order shall not become effective until 20 days
 3425  after the date of such order. Any action commenced by the
 3426  division shall be brought in the county in which the division
 3427  has its executive offices or in the county where the violation
 3428  occurred.
 3429         (e) The division may prepare and disseminate a prospectus
 3430  and other information to assist prospective owners, purchasers,
 3431  lessees, and developers of residential cooperatives in assessing
 3432  the rights, privileges, and duties pertaining thereto.
 3433         (f) The division has authority to adopt rules pursuant to
 3434  ss. 120.536(1) and 120.54 to implement and enforce the
 3435  provisions of this chapter.
 3436         (g) The division shall establish procedures for providing
 3437  notice to an association when the division is considering the
 3438  issuance of a declaratory statement with respect to the
 3439  cooperative documents governing such cooperative community.
 3440         (h) The division shall furnish each association which pays
 3441  the fees required by paragraph (2)(a) a copy of this act,
 3442  subsequent changes to this act on an annual basis, an amended
 3443  version of this act as it becomes available from the Secretary
 3444  of State’s office on a biennial basis, and the rules adopted
 3445  thereto on an annual basis.
 3446         (i) The division shall annually provide each association
 3447  with a summary of declaratory statements and formal legal
 3448  opinions relating to the operations of cooperatives which were
 3449  rendered by the division during the previous year.
 3450         (j) The division shall adopt uniform accounting principles,
 3451  policies, and standards to be used by all associations in the
 3452  preparation and presentation of all financial statements
 3453  required by this chapter. The principles, policies, and
 3454  standards shall take into consideration the size of the
 3455  association and the total revenue collected by the association.
 3456         (k) The division shall provide training and educational
 3457  programs for cooperative association board members and unit
 3458  owners. The training may, in the division’s discretion, include
 3459  web-based electronic media and live training and seminars in
 3460  various locations throughout the state. The division may review
 3461  and approve education and training programs for board members
 3462  and unit owners offered by providers and shall maintain a
 3463  current list of approved programs and providers and make such
 3464  list available to board members and unit owners in a reasonable
 3465  and cost-effective manner.
 3466         (l) The division shall maintain a toll-free telephone
 3467  number accessible to cooperative unit owners.
 3468         (m) When a complaint is made to the division, the division
 3469  shall conduct its inquiry with reasonable dispatch and with due
 3470  regard to the interests of the affected parties. Within 30 days
 3471  after receipt of a complaint, the division shall acknowledge the
 3472  complaint in writing and notify the complainant whether the
 3473  complaint is within the jurisdiction of the division and whether
 3474  additional information is needed by the division from the
 3475  complainant. The division shall conduct its investigation and
 3476  shall, within 90 days after receipt of the original complaint or
 3477  timely requested additional information, take action upon the
 3478  complaint. However, the failure to complete the investigation
 3479  within 90 days does not prevent the division from continuing the
 3480  investigation, accepting or considering evidence obtained or
 3481  received after 90 days, or taking administrative action if
 3482  reasonable cause exists to believe that a violation of this
 3483  chapter or a rule of the division has occurred. If an
 3484  investigation is not completed within the time limits
 3485  established in this paragraph, the division shall, on a monthly
 3486  basis, notify the complainant in writing of the status of the
 3487  investigation. When reporting its action to the complainant, the
 3488  division shall inform the complainant of any right to a hearing
 3489  pursuant to ss. 120.569 and 120.57.
 3490         (n) The division shall develop a program to certify both
 3491  volunteer and paid mediators to provide mediation of cooperative
 3492  disputes. The division shall provide, upon request, a list of
 3493  such mediators to any association, unit owner, or other
 3494  participant in arbitration proceedings under s. 718.1255
 3495  requesting a copy of the list. The division shall include on the
 3496  list of voluntary mediators only persons who have received at
 3497  least 20 hours of training in mediation techniques or have
 3498  mediated at least 20 disputes. In order to become initially
 3499  certified by the division, paid mediators must be certified by
 3500  the Supreme Court to mediate court cases in county or circuit
 3501  courts. However, the division may adopt, by rule, additional
 3502  factors for the certification of paid mediators, which factors
 3503  must be related to experience, education, or background. Any
 3504  person initially certified as a paid mediator by the division
 3505  must, in order to continue to be certified, comply with the
 3506  factors or requirements imposed by rules adopted by the
 3507  division.
 3508         (2)
 3509         (c)A cooperative association shall create and maintain an
 3510  online account with the division, as required in subsection (3).
 3511         (3) On or before October 1, 2025, all cooperative
 3512  associations shall create and maintain an online account with
 3513  the division and provide information requested by the division
 3514  in an electronic format determined by the division. The division
 3515  shall adopt rules to implement this subsection. The division may
 3516  require cooperative associations to provide such information no
 3517  more than once per year, except that the division may require
 3518  cooperative associations to update their contact information in
 3519  paragraph (a) within 30 days after any change. The division
 3520  shall provide a cooperative association at least a 45-day notice
 3521  of any requirement to provide any required information after the
 3522  cooperative association creates an online account. The
 3523  information that the division may require associations to
 3524  provide is limited to:
 3525         (a)The contact information for the association that
 3526  includes all of the following:
 3527         1.The name of the association.
 3528         2. The physical address of the cooperative property.
 3529         3.The mailing address and county of the association.
 3530         4.The e-mail address and telephone number for the
 3531  association.
 3532         5.The name and board title for each member of the
 3533  association’s board.
 3534         6.The name and contact information of the association’s
 3535  community association manager or community association
 3536  management firm, if applicable.
 3537         7.The hyperlink or website address of the association’s
 3538  website, if applicable.
 3539         (b)The total number of buildings and for each building in
 3540  the association:
 3541         1.The total number of stories of each building, including
 3542  both habitable and uninhabitable stories.
 3543         2.The total number of units.
 3544         3.The age of each building based on the certificate of
 3545  occupancy.
 3546         4.Any construction commenced on the common elements within
 3547  the previous calendar year.
 3548         (c)The association’s assessments, including the:
 3549         1.Amount of assessment or special assessment by unit type,
 3550  including reserves.
 3551         2.Purpose of the assessment or special assessment.
 3552         3.Name of the financial institution or institutions with
 3553  which the association maintains accounts.
 3554         (d)A copy of any structural integrity reserve study and
 3555  any associated materials requested by the department. The
 3556  association must provide such materials within 5 business days
 3557  after such request, in a manner prescribed by the department.
 3558         (a) On or before January 1, 2023, cooperative associations
 3559  existing on or before July 1, 2022, must provide the following
 3560  information to the division in writing, by e-mail, United States
 3561  Postal Service, commercial delivery service, or hand delivery,
 3562  at a physical address or e-mail address provided by the division
 3563  and on a form posted on the division’s website:
 3564         1. The number of buildings on the cooperative property that
 3565  are three stories or higher in height.
 3566         2. The total number of units in all such buildings.
 3567         3. The addresses of all such buildings.
 3568         4. The counties in which all such buildings are located.
 3569         (b) The division must compile a list of the number of
 3570  buildings on cooperative property that are three stories or
 3571  higher in height, which is searchable by county, and must post
 3572  the list on the division’s website. This list must include all
 3573  of the following information:
 3574         1. The name of each association with buildings on the
 3575  cooperative property that are three stories or higher in height.
 3576         2. The number of such buildings on each association’s
 3577  property.
 3578         3. The addresses of all such buildings.
 3579         4. The counties in which all such buildings are located.
 3580         (c) An association must provide an update in writing to the
 3581  division if there are any changes to the information in the list
 3582  under paragraph (b) within 6 months after the change.
 3583         Section 24. Paragraph (d) of subsection (1) and paragraphs
 3584  (c) and (d) of subsection (2) of section 719.503, Florida
 3585  Statutes, are amended to read:
 3586         719.503 Disclosure prior to sale.—
 3587         (1) DEVELOPER DISCLOSURE.—
 3588         (d) Milestone inspection, turnover inspection report, or
 3589  structural integrity reserve study.—If the association is
 3590  required to have completed a milestone inspection as described
 3591  in 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, and the association has not completed
 3594  the milestone inspection, the turnover inspection report, or the
 3595  structural integrity reserve study, each contract entered into
 3596  after December 31, 2024, for the sale of a residential unit
 3597  shall contain in conspicuous type a statement indicating that
 3598  the association is required to have a milestone inspection, a
 3599  turnover inspection report, or a structural integrity reserve
 3600  study and has not completed such inspection, report, or study,
 3601  as appropriate. If the association is not required to have a
 3602  milestone inspection as described in s. 553.899 or a structural
 3603  integrity reserve study, each contract entered into after
 3604  December 31, 2024, for the sale of a residential unit shall
 3605  contain in conspicuous type a statement indicating that the
 3606  association is not required to have a milestone inspection or a
 3607  structural integrity reserve study, as appropriate. If the
 3608  association has completed a milestone inspection as described in
 3609  s. 553.899, a turnover inspection report for a turnover
 3610  inspection performed on or after July 1, 2023, or a structural
 3611  integrity reserve study, each contract entered into after
 3612  December 31, 2024, for the sale of a residential unit shall
 3613  contain in conspicuous type:
 3614         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 3615  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 3616  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3617  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3618  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3619  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3620  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3621  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3622  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 3623  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 3624  PRIOR TO EXECUTION OF THIS CONTRACT; and
 3625         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 3626  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 3627  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3628  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 3629  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 3630  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3631  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3632  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3633  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3634  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3635  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3636  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 3637  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 3638  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 3639  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 3640  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 3641  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 3642  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 3643  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 3644  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 3645  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 3646  719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
 3647  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 3648  CLOSING.
 3649  
 3650  A contract that does not conform to the requirements of this
 3651  paragraph is voidable at the option of the purchaser before
 3652  prior to closing.
 3653         (2) NONDEVELOPER DISCLOSURE.—
 3654         (c) Each contract entered into after July 1, 1992, for the
 3655  resale of an interest in a cooperative shall contain in
 3656  conspicuous type either:
 3657         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 3658  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE ARTICLES OF
 3659  INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES OF THE
 3660  ASSOCIATION, AND THE QUESTION AND ANSWER SHEET MORE THAN 7 3
 3661  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 3662  PRIOR TO EXECUTION OF THIS CONTRACT; or
 3663         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 3664  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 3665  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3666  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 3667  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE ARTICLES OF
 3668  INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND
 3669  QUESTION AND ANSWER SHEET, IF SO REQUESTED IN WRITING. ANY
 3670  PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO
 3671  EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF
 3672  NOT MORE THAN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3673  HOLIDAYS, AFTER THE BUYER RECEIVES THE ARTICLES OF
 3674  INCORPORATION, BYLAWS, RULES, AND QUESTION AND ANSWER SHEET, IF
 3675  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 3676  TERMINATE AT CLOSING.
 3677  
 3678  A contract that does not conform to the requirements of this
 3679  paragraph is voidable at the option of the purchaser before
 3680  prior to closing.
 3681         (d) If the association is required to have completed a
 3682  milestone inspection as described in s. 553.899, a turnover
 3683  inspection report for a turnover inspection performed on or
 3684  after July 1, 2023, or a structural integrity reserve study, and
 3685  the association has not completed the milestone inspection, the
 3686  turnover inspection report, or the structural integrity reserve
 3687  study, each contract entered into after December 31, 2024, for
 3688  the sale of a residential unit shall contain in conspicuous type
 3689  a statement indicating that the association is required to have
 3690  a milestone inspection, a turnover inspection report, or a
 3691  structural integrity reserve study and has not completed such
 3692  inspection, report, or study, as appropriate. If the association
 3693  is not required to have a milestone inspection as described in
 3694  s. 553.899 or a structural integrity reserve study, each
 3695  contract entered into after December 31, 2024, for the sale of a
 3696  residential unit shall contain in conspicuous type a statement
 3697  indicating that the association is not required to have a
 3698  milestone inspection or a structural integrity reserve study, as
 3699  appropriate. If the association has completed a milestone
 3700  inspection as described in s. 553.899, a turnover inspection
 3701  report for a turnover inspection performed on or after July 1,
 3702  2023, or a structural integrity reserve study, each contract
 3703  entered into after December 31, 2024, for the resale of a
 3704  residential unit shall contain in conspicuous type:
 3705         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 3706  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 3707  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3708  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3709  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3710  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3711  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3712  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3713  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 3
 3714  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 3715  PRIOR TO EXECUTION OF THIS CONTRACT; and
 3716         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 3717  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 3718  CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 3719  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 3720  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 3721  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 3722  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 3723  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 3724  719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 3725  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 3726  RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
 3727  719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 3728  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 3729  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 3730  3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 3731  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 3732  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 3733  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 3734  INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
 3735  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 3736  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 3737  719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
 3738  WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
 3739  CLOSING.
 3740  
 3741  A contract that does not conform to the requirements of this
 3742  paragraph is voidable at the option of the purchaser before
 3743  prior to closing.
 3744         Section 25. Subsection (3) of section 914.21, Florida
 3745  Statutes, is amended to read:
 3746         914.21 Definitions.—As used in ss. 914.22-914.24, the term:
 3747         (3) “Official investigation” means any investigation
 3748  instituted by a law enforcement agency or prosecuting officer of
 3749  the state or a political subdivision of the state or the
 3750  Commission on Ethics or the Division of Florida Condominiums,
 3751  Timeshares, and Mobile Homes of the Department of Business and
 3752  Professional Regulation.
 3753         Section 26. For the purpose of incorporating the amendment
 3754  made by this act to section 468.4335, Florida Statutes, in a
 3755  reference thereto, paragraph (b) of subsection (2) of section
 3756  468.436, Florida Statutes, is reenacted to read:
 3757         468.436 Disciplinary proceedings.—
 3758         (2) The following acts constitute grounds for which the
 3759  disciplinary actions in subsection (4) may be taken:
 3760         (b)1. Violation of this part.
 3761         2. Violation of any lawful order or rule rendered or
 3762  adopted by the department or the council.
 3763         3. Being convicted of or pleading nolo contendere to a
 3764  felony in any court in the United States.
 3765         4. Obtaining a license or certification or any other order,
 3766  ruling, or authorization by means of fraud, misrepresentation,
 3767  or concealment of material facts.
 3768         5. Committing acts of gross misconduct or gross negligence
 3769  in connection with the profession.
 3770         6. Contracting, on behalf of an association, with any
 3771  entity in which the licensee has a financial interest that is
 3772  not disclosed.
 3773         7. Failing to disclose any conflict of interest as required
 3774  by s. 468.4335.
 3775         8. Violating chapter 718, chapter 719, or chapter 720
 3776  during the course of performing community association management
 3777  services pursuant to a contract with a community association as
 3778  defined in s. 468.431(1).
 3779         Section 27. For the purpose of incorporating the amendment
 3780  made by this act to section 718.110, Florida Statutes, in a
 3781  reference thereto, paragraph (b) of subsection (2) of section
 3782  718.106, Florida Statutes, is reenacted to read:
 3783         718.106 Condominium parcels; appurtenances; possession and
 3784  enjoyment.—
 3785         (2) There shall pass with a unit, as appurtenances thereto:
 3786         (b) The exclusive right to use such portion of the common
 3787  elements as may be provided by the declaration, including the
 3788  right to transfer such right to other units or unit owners to
 3789  the extent authorized by the declaration as originally recorded,
 3790  or amendments to the declaration adopted pursuant to the
 3791  provisions contained therein. Amendments to declarations of
 3792  condominium providing for the transfer of use rights with
 3793  respect to limited common elements are not amendments that
 3794  materially modify unit appurtenances as described in s.
 3795  718.110(4). However, in order to be effective, the transfer of
 3796  use rights with respect to limited common elements must be
 3797  effectuated in conformity with the procedures set forth in the
 3798  declaration as originally recorded or as amended under the
 3799  procedures provided therein. This section is intended to clarify
 3800  existing law and applies to associations existing on the
 3801  effective date of this act.
 3802         Section 28. For the purpose of incorporating the amendment
 3803  made by this act to section 718.110, Florida Statutes, in a
 3804  reference thereto, subsection (4) of section 718.117, Florida
 3805  Statutes, is reenacted to read:
 3806         718.117 Termination of condominium.—
 3807         (4) EXEMPTION.—A plan of termination is not an amendment
 3808  subject to s. 718.110(4). In a partial termination, a plan of
 3809  termination is not an amendment subject to s. 718.110(4) if the
 3810  ownership share of the common elements of a surviving unit in
 3811  the condominium remains in the same proportion to the surviving
 3812  units as it was before the partial termination.
 3813         Section 29. For the purpose of incorporating the amendment
 3814  made by this act to section 718.110, Florida Statutes, in a
 3815  reference thereto, paragraph (d) of subsection (1) of section
 3816  718.403, Florida Statutes, is reenacted to read:
 3817         718.403 Phase condominiums.—
 3818         (1) Notwithstanding the provisions of s. 718.110, a
 3819  developer may develop a condominium in phases, if the original
 3820  declaration of condominium submitting the initial phase to
 3821  condominium ownership or an amendment to the declaration which
 3822  has been approved by all of the unit owners and unit mortgagees
 3823  provides for and describes in detail all anticipated phases; the
 3824  impact, if any, which the completion of subsequent phases would
 3825  have upon the initial phase; and the time period within which
 3826  all phases must be added to the condominium and comply with the
 3827  requirements of this section and at the end of which the right
 3828  to add additional phases expires.
 3829         (d) An amendment that extends the 7-year period pursuant to
 3830  this section is not subject to the requirements of s.
 3831  718.110(4).
 3832         Section 30. For the purpose of incorporating the amendment
 3833  made by this act to section 718.110, Florida Statutes, in a
 3834  reference thereto, subsection (4) of section 718.405, Florida
 3835  Statutes, is reenacted to read:
 3836         718.405 Multicondominiums; multicondominium associations.—
 3837         (4) This section does not prevent or restrict the formation
 3838  of a multicondominium by the merger or consolidation of two or
 3839  more condominium associations. Mergers or consolidations of
 3840  associations shall be accomplished in accordance with this
 3841  chapter, the declarations of the condominiums being merged or
 3842  consolidated, and chapter 617. Section 718.110(4) does not apply
 3843  to amendments to declarations necessary to effect a merger or
 3844  consolidation. This section is intended to clarify existing law
 3845  and applies to associations existing on the effective date of
 3846  this act.
 3847         Section 31. For the purpose of incorporating the amendment
 3848  made by this act to section 718.111, Florida Statutes, in a
 3849  reference thereto, paragraph (e) of subsection (3) of section
 3850  721.13, Florida Statutes, is reenacted to read:
 3851         721.13 Management.—
 3852         (3) The duties of the managing entity include, but are not
 3853  limited to:
 3854         (e) Arranging for an annual audit of the financial
 3855  statements of the timeshare plan by a certified public
 3856  accountant licensed by the Board of Accountancy of the
 3857  Department of Business and Professional Regulation, in
 3858  accordance with generally accepted auditing standards as defined
 3859  by the rules of the Board of Accountancy of the Department of
 3860  Business and Professional Regulation. The financial statements
 3861  required by this section must be prepared on an accrual basis
 3862  using fund accounting, and must be presented in accordance with
 3863  generally accepted accounting principles. A copy of the audited
 3864  financial statements must be filed with the division for review
 3865  and forwarded to the board of directors and officers of the
 3866  owners’ association, if one exists, no later than 5 calendar
 3867  months after the end of the timeshare plan’s fiscal year. If no
 3868  owners’ association exists, each purchaser must be notified, no
 3869  later than 5 months after the end of the timeshare plan’s fiscal
 3870  year, that a copy of the audited financial statements is
 3871  available upon request to the managing entity. Notwithstanding
 3872  any requirement of s. 718.111(13) or s. 719.104(4), the audited
 3873  financial statements required by this section are the only
 3874  annual financial reporting requirements for timeshare
 3875  condominiums or timeshare cooperatives.
 3876         Section 32. For the purpose of incorporating the amendment
 3877  made by this act to section 718.112, Florida Statutes, in
 3878  references thereto, paragraph (a) of subsection (7) and
 3879  paragraph (c) of subsection (21) of section 718.504, Florida
 3880  Statutes, are reenacted to read:
 3881         718.504 Prospectus or offering circular.—Every developer of
 3882  a residential condominium which contains more than 20
 3883  residential units, or which is part of a group of residential
 3884  condominiums which will be served by property to be used in
 3885  common by unit owners of more than 20 residential units, shall
 3886  prepare a prospectus or offering circular and file it with the
 3887  Division of Florida Condominiums, Timeshares, and Mobile Homes
 3888  prior to entering into an enforceable contract of purchase and
 3889  sale of any unit or lease of a unit for more than 5 years and
 3890  shall furnish a copy of the prospectus or offering circular to
 3891  each buyer. In addition to the prospectus or offering circular,
 3892  each buyer shall be furnished a separate page entitled
 3893  “Frequently Asked Questions and Answers,” which shall be in
 3894  accordance with a format approved by the division and a copy of
 3895  the financial information required by s. 718.111. This page
 3896  shall, in readable language, inform prospective purchasers
 3897  regarding their voting rights and unit use restrictions,
 3898  including restrictions on the leasing of a unit; shall indicate
 3899  whether and in what amount the unit owners or the association is
 3900  obligated to pay rent or land use fees for recreational or other
 3901  commonly used facilities; shall contain a statement identifying
 3902  that amount of assessment which, pursuant to the budget, would
 3903  be levied upon each unit type, exclusive of any special
 3904  assessments, and which shall further identify the basis upon
 3905  which assessments are levied, whether monthly, quarterly, or
 3906  otherwise; shall state and identify any court cases in which the
 3907  association is currently a party of record in which the
 3908  association may face liability in excess of $100,000; shall
 3909  state whether the condominium is created within a portion of a
 3910  building or within a multiple parcel building; and which shall
 3911  further state whether membership in a recreational facilities
 3912  association is mandatory, and if so, shall identify the fees
 3913  currently charged per unit type. The division shall by rule
 3914  require such other disclosure as in its judgment will assist
 3915  prospective purchasers. The prospectus or offering circular may
 3916  include more than one condominium, although not all such units
 3917  are being offered for sale as of the date of the prospectus or
 3918  offering circular. The prospectus or offering circular must
 3919  contain the following information:
 3920         (7) A description of the recreational and other facilities
 3921  that will be used in common with other condominiums, community
 3922  associations, or planned developments which require the payment
 3923  of the maintenance and expenses of such facilities, directly or
 3924  indirectly, by the unit owners. The description shall include,
 3925  but not be limited to, the following:
 3926         (a) Each building and facility committed to be built and a
 3927  summary description of the structural integrity of each building
 3928  for which reserves are required pursuant to s. 718.112(2)(g).
 3929  
 3930  Descriptions shall include location, areas, capacities, numbers,
 3931  volumes, or sizes and may be stated as approximations or
 3932  minimums.
 3933         (21) An estimated operating budget for the condominium and
 3934  the association, and a schedule of the unit owner’s expenses
 3935  shall be attached as an exhibit and shall contain the following
 3936  information:
 3937         (c) The estimated items of expenses of the condominium and
 3938  the association, except as excluded under paragraph (b),
 3939  including, but not limited to, the following items, which shall
 3940  be stated as an association expense collectible by assessments
 3941  or as unit owners’ expenses payable to persons other than the
 3942  association:
 3943         1. Expenses for the association and condominium:
 3944         a. Administration of the association.
 3945         b. Management fees.
 3946         c. Maintenance.
 3947         d. Rent for recreational and other commonly used
 3948  facilities.
 3949         e. Taxes upon association property.
 3950         f. Taxes upon leased areas.
 3951         g. Insurance.
 3952         h. Security provisions.
 3953         i. Other expenses.
 3954         j. Operating capital.
 3955         k. Reserves for all applicable items referenced in s.
 3956  718.112(2)(g).
 3957         l. Fees payable to the division.
 3958         2. Expenses for a unit owner:
 3959         a. Rent for the unit, if subject to a lease.
 3960         b. Rent payable by the unit owner directly to the lessor or
 3961  agent under any recreational lease or lease for the use of
 3962  commonly used facilities, which use and payment is a mandatory
 3963  condition of ownership and is not included in the common expense
 3964  or assessments for common maintenance paid by the unit owners to
 3965  the association.
 3966         Section 33. For the purpose of incorporating the amendment
 3967  made by this act to section 718.112, Florida Statutes, in a
 3968  reference thereto, paragraph (d) of subsection (1) of section
 3969  718.618, Florida Statutes, is reenacted to read:
 3970         718.618 Converter reserve accounts; warranties.—
 3971         (1) When existing improvements are converted to ownership
 3972  as a residential condominium, the developer shall establish
 3973  converter reserve accounts for capital expenditures and deferred
 3974  maintenance, or give warranties as provided by subsection (6),
 3975  or post a surety bond as provided by subsection (7). The
 3976  developer shall fund the converter reserve accounts in amounts
 3977  calculated as follows:
 3978         (d) In addition to establishing the reserve accounts
 3979  specified above, the developer shall establish those other
 3980  reserve accounts required by s. 718.112(2)(f), and shall fund
 3981  those accounts in accordance with the formula provided therein.
 3982  The vote to waive or reduce the funding or reserves required by
 3983  s. 718.112(2)(f) does not affect or negate the obligations
 3984  arising under this section.
 3985         Section 34. For the purpose of incorporating the amendment
 3986  made by this act to section 718.113, Florida Statutes, in a
 3987  reference thereto, paragraph (e) of subsection (1) of section
 3988  718.115, Florida Statutes, is reenacted to read:
 3989         718.115 Common expenses and common surplus.—
 3990         (1)
 3991         (e)1. Except as provided in s. 718.113(5)(d), if the
 3992  installation of hurricane protection is the responsibility of
 3993  the unit owners pursuant to the declaration of condominium or a
 3994  vote of the unit owners under s. 718.113(5), the cost of the
 3995  installation of hurricane protection by the association is not a
 3996  common expense and must be charged individually to the unit
 3997  owners based on the cost of installation of hurricane protection
 3998  appurtenant to the unit. The costs of installation of hurricane
 3999  protection are enforceable as an assessment and may be collected
 4000  in the manner provided under s. 718.116.
 4001         2. Notwithstanding s. 718.116(9), and regardless of whether
 4002  the declaration requires the association or unit owners to
 4003  install, maintain, repair, or replace hurricane protection, the
 4004  owner of a unit in which hurricane protection that complies with
 4005  the current applicable building code has been installed is
 4006  excused from any assessment levied by the association or shall
 4007  receive a credit if the same type of hurricane protection is
 4008  installed by the association. A credit is applicable if the
 4009  installation of hurricane protection is for all other units that
 4010  do not have hurricane protection and the cost of such
 4011  installation is funded by the association’s budget, including
 4012  the use of reserve funds. The credit must be equal to the amount
 4013  that the unit owner would have been assessed to install the
 4014  hurricane protection. However, such unit owner remains
 4015  responsible for the pro rata share of expenses for hurricane
 4016  protection installed on common elements and association property
 4017  by the board pursuant to s. 718.113(5) and remains responsible
 4018  for a pro rata share of the expense of the replacement,
 4019  operation, repair, and maintenance of such hurricane protection.
 4020  Expenses for the installation, replacement, operation, repair,
 4021  or maintenance of hurricane protection on common elements and
 4022  association property are common expenses.
 4023         Section 35. For the purpose of incorporating the amendments
 4024  made by this act to sections 718.111, 718.112, and 718.503,
 4025  Florida Statutes, in references thereto, subsections (1) and (3)
 4026  of section 718.706, Florida Statutes, are reenacted to read:
 4027         718.706 Specific provisions pertaining to offering of units
 4028  by a bulk assignee or bulk buyer.—
 4029         (1) Before offering more than seven units in a single
 4030  condominium for sale or for lease for a term exceeding 5 years,
 4031  a bulk assignee or a bulk buyer must file the following
 4032  documents with the division and provide such documents to a
 4033  prospective purchaser or tenant:
 4034         (a) An updated prospectus or offering circular, or a
 4035  supplement to the prospectus or offering circular, filed by the
 4036  original developer prepared in accordance with s. 718.504, which
 4037  must include the form of contract for sale and for lease in
 4038  compliance with s. 718.503(2);
 4039         (b) An updated Frequently Asked Questions and Answers
 4040  sheet;
 4041         (c) The executed escrow agreement if required under s.
 4042  718.202; and
 4043         (d) The financial information required by s. 718.111(13).
 4044  However, if a financial information report did not exist before
 4045  the acquisition of title by the bulk assignee or bulk buyer, and
 4046  if accounting records that permit preparation of the required
 4047  financial information report for that period cannot be obtained
 4048  despite good faith efforts by the bulk assignee or the bulk
 4049  buyer, the bulk assignee or bulk buyer is excused from the
 4050  requirement of this paragraph. However, the bulk assignee or
 4051  bulk buyer must include in the purchase contract the following
 4052  statement in conspicuous type:
 4053  
 4054         ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
 4055         REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
 4056         BEFORE THE SELLER’S ACQUISITION OF THE UNIT IS NOT
 4057         AVAILABLE OR CANNOT BE OBTAINED DESPITE THE GOOD FAITH
 4058         EFFORTS OF THE SELLER.
 4059  
 4060         (3) A bulk assignee, while in control of the board of
 4061  administration of the association, may not authorize, on behalf
 4062  of the association:
 4063         (a) The waiver of reserves or the reduction of funding of
 4064  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 4065  a majority of the voting interests not controlled by the
 4066  developer, bulk assignee, and bulk buyer; or
 4067         (b) The use of reserve expenditures for other purposes
 4068  pursuant to s. 718.112(2)(f)3., unless approved by a majority of
 4069  the voting interests not controlled by the developer, bulk
 4070  assignee, and bulk buyer.
 4071         Section 36. For the purpose of incorporating the amendment
 4072  made by this act to section 718.301, Florida Statutes, in a
 4073  reference thereto, subsection (2) of section 718.705, Florida
 4074  Statutes, is reenacted to read:
 4075         718.705 Board of administration; transfer of control.—
 4076         (2) Unless control of the board of administration of the
 4077  association has already been relinquished pursuant to s.
 4078  718.301(1), the bulk assignee must relinquish control of the
 4079  association pursuant to s. 718.301 and this part, as if the bulk
 4080  assignee were the developer.
 4081         Section 37. For the purpose of incorporating the amendment
 4082  made by this act to section 719.106, Florida Statutes, in a
 4083  reference thereto, subsection (24) of section 719.103, Florida
 4084  Statutes, is reenacted to read:
 4085         719.103 Definitions.—As used in this chapter:
 4086         (24) “Structural integrity reserve study” means a study of
 4087  the reserve funds required for future major repairs and
 4088  replacement of the cooperative property performed as required
 4089  under s. 719.106(1)(k).
 4090         Section 38. For the purpose of incorporating the amendment
 4091  made by this act to section 719.106, Florida Statutes, in
 4092  references thereto, paragraph (a) of subsection (7) and
 4093  paragraph (c) of subsection (20) of section 719.504, Florida
 4094  Statutes, are reenacted to read:
 4095         719.504 Prospectus or offering circular.—Every developer of
 4096  a residential cooperative which contains more than 20
 4097  residential units, or which is part of a group of residential
 4098  cooperatives which will be served by property to be used in
 4099  common by unit owners of more than 20 residential units, shall
 4100  prepare a prospectus or offering circular and file it with the
 4101  Division of Florida Condominiums, Timeshares, and Mobile Homes
 4102  prior to entering into an enforceable contract of purchase and
 4103  sale of any unit or lease of a unit for more than 5 years and
 4104  shall furnish a copy of the prospectus or offering circular to
 4105  each buyer. In addition to the prospectus or offering circular,
 4106  each buyer shall be furnished a separate page entitled
 4107  “Frequently Asked Questions and Answers,” which must be in
 4108  accordance with a format approved by the division. This page
 4109  must, in readable language: inform prospective purchasers
 4110  regarding their voting rights and unit use restrictions,
 4111  including restrictions on the leasing of a unit; indicate
 4112  whether and in what amount the unit owners or the association is
 4113  obligated to pay rent or land use fees for recreational or other
 4114  commonly used facilities; contain a statement identifying that
 4115  amount of assessment which, pursuant to the budget, would be
 4116  levied upon each unit type, exclusive of any special
 4117  assessments, and which identifies the basis upon which
 4118  assessments are levied, whether monthly, quarterly, or
 4119  otherwise; state and identify any court cases in which the
 4120  association is currently a party of record in which the
 4121  association may face liability in excess of $100,000; and state
 4122  whether membership in a recreational facilities association is
 4123  mandatory and, if so, identify the fees currently charged per
 4124  unit type. The division shall by rule require such other
 4125  disclosure as in its judgment will assist prospective
 4126  purchasers. The prospectus or offering circular may include more
 4127  than one cooperative, although not all such units are being
 4128  offered for sale as of the date of the prospectus or offering
 4129  circular. The prospectus or offering circular must contain the
 4130  following information:
 4131         (7) A description of the recreational and other facilities
 4132  that will be used in common with other cooperatives, community
 4133  associations, or planned developments which require the payment
 4134  of the maintenance and expenses of such facilities, directly or
 4135  indirectly, by the unit owners. The description shall include,
 4136  but not be limited to, the following:
 4137         (a) Each building and facility committed to be built and a
 4138  summary description of the structural integrity of each building
 4139  for which reserves are required pursuant to s. 719.106(1)(k).
 4140  
 4141  Descriptions shall include location, areas, capacities, numbers,
 4142  volumes, or sizes and may be stated as approximations or
 4143  minimums.
 4144         (20) An estimated operating budget for the cooperative and
 4145  the association, and a schedule of the unit owner’s expenses
 4146  shall be attached as an exhibit and shall contain the following
 4147  information:
 4148         (c) The estimated items of expenses of the cooperative and
 4149  the association, except as excluded under paragraph (b),
 4150  including, but not limited to, the following items, which shall
 4151  be stated as an association expense collectible by assessments
 4152  or as unit owners’ expenses payable to persons other than the
 4153  association:
 4154         1. Expenses for the association and cooperative:
 4155         a. Administration of the association.
 4156         b. Management fees.
 4157         c. Maintenance.
 4158         d. Rent for recreational and other commonly used areas.
 4159         e. Taxes upon association property.
 4160         f. Taxes upon leased areas.
 4161         g. Insurance.
 4162         h. Security provisions.
 4163         i. Other expenses.
 4164         j. Operating capital.
 4165         k. Reserves for all applicable items referenced in s.
 4166  719.106(1)(k).
 4167         l. Fee payable to the division.
 4168         2. Expenses for a unit owner:
 4169         a. Rent for the unit, if subject to a lease.
 4170         b. Rent payable by the unit owner directly to the lessor or
 4171  agent under any recreational lease or lease for the use of
 4172  commonly used areas, which use and payment are a mandatory
 4173  condition of ownership and are not included in the common
 4174  expense or assessments for common maintenance paid by the unit
 4175  owners to the association.
 4176         Section 39. Except as otherwise provided in this act, this
 4177  act shall take effect July 1, 2025.
 4178  
 4179  ================= T I T L E  A M E N D M E N T ================
 4180  And the title is amended as follows:
 4181         Delete everything before the enacting clause
 4182  and insert:
 4183                        A bill to be entitled                      
 4184         An act relating to condominium and cooperative
 4185         associations; amending s. 468.432, F.S.; prohibiting a
 4186         person whose community association manager license is
 4187         revoked from having an indirect or direct ownership
 4188         interest in, or being an employee, a partner, an
 4189         officer, a director, or a trustee of, a community
 4190         association management firm for a specified timeframe;
 4191         requiring a licensee to create and maintain an online
 4192         licensure account with the Department of Business and
 4193         Professional Regulation; requiring a community
 4194         association manager to identify on his or her online
 4195         licensure account certain information; requiring a
 4196         licensee to provide specific information on his or her
 4197         online licensure account; requiring that such
 4198         information be updated within a specified timeframe;
 4199         requiring a community association management firm to
 4200         identify on its online licensure account the community
 4201         association managers it employs to provide community
 4202         association management services; requiring the
 4203         department to give written notice to the community
 4204         association management firm and the community
 4205         association if the community association manager has
 4206         his or her license suspended or revoked; amending s.
 4207         468.4334, F.S.; prohibiting a community association
 4208         manager or a community association management firm
 4209         from knowingly performing any act directed by the
 4210         community association if such act violates any state
 4211         or federal law; revising the contractual obligations a
 4212         community association manager or a community
 4213         association management firm has with the association
 4214         board; requiring that a contract include a certain
 4215         statement, if applicable to the type of management
 4216         services provided in the contract; providing that such
 4217         contracts may not waive or limit certain professional
 4218         practice standards; requiring a community association
 4219         to include specified information on its website or
 4220         mobile application, if such association is required to
 4221         maintain official records on a website or an
 4222         application; conforming provisions to changes made by
 4223         the act; amending s. 468.4335, F.S.; revising what
 4224         constitutes a rebuttable presumption of a conflict of
 4225         interest with a community association manager or a
 4226         community association management firm; defining the
 4227         term “compensation”; requiring an association to
 4228         solicit multiple bids from other third-party providers
 4229         if a bid that exceeds a specified amount is or may
 4230         reasonably be construed to be a conflict of interest;
 4231         providing applicability; deleting a requirement that
 4232         all contracts and transactional documents related to a
 4233         proposed activity that is a conflict of interest be
 4234         attached to the meeting agenda of the next board of
 4235         administration meeting; requiring that the notice for
 4236         the board meeting at which certain activity will be
 4237         considered include certain information about a
 4238         proposed activity that is a conflict of interest;
 4239         deleting a requirement that the proposed activity be
 4240         disclosed at the next regular or special meeting of
 4241         the members; providing that a contract is voidable if
 4242         certain findings are made; providing specifications
 4243         for terminating a contract; making technical changes;
 4244         amending s. 553.899, F.S.; revising the criteria for
 4245         buildings that require a milestone inspection;
 4246         requiring, rather than authorizing, the board of
 4247         county commissioners or a municipal governing body to
 4248         adopt a specified ordinance; requiring specified
 4249         professionals who bid to perform a milestone
 4250         inspection to disclose to the association in writing
 4251         their intent to bid on services related to any
 4252         maintenance, repair, or replacement that may be
 4253         recommended by the milestone inspection; prohibiting
 4254         such professionals from having any interest in or
 4255         being related to any person having any interest in the
 4256         firm or entity providing the association’s milestone
 4257         inspection unless such relationship is disclosed in
 4258         writing; defining the term “relative”; providing that
 4259         a contract for services is voidable and terminates
 4260         upon the association filing a written notice
 4261         terminating such contract if such professionals fail
 4262         to provide a written disclosure of such relationship;
 4263         providing that such professionals may be subject to
 4264         discipline for failure to provide such written
 4265         disclosure; requiring the local enforcement agency
 4266         responsible for milestone inspections to provide to
 4267         the department specified information in an electronic
 4268         format by a specified date; requiring the department
 4269         to provide to the Office of Program Policy Analysis
 4270         and Government Accountability (OPPAGA) all information
 4271         obtained from the local enforcement agencies by a
 4272         specified date; authorizing OPPAGA to request from the
 4273         local enforcement agency any additional information
 4274         necessary to compile and provide a report to the
 4275         Legislature; amending s. 718.103, F.S.; revising the
 4276         definition of the term “alternative funding method”;
 4277         defining the term “video conference”; amending s.
 4278         718.110, F.S.; providing that the declaration of a
 4279         nonresidential condominium may be amended to change
 4280         certain provisions if all affected record owners join
 4281         in the execution of such amendment; providing that the
 4282         approval of nonaffected record owners is not required;
 4283         requiring that certain documents be served at a unit
 4284         owner’s address as reflected in the association’s
 4285         official records; amending s. 718.111, F.S.; requiring
 4286         a community association manager or a community
 4287         association management firm that contracts with a
 4288         community association to possess specified licenses;
 4289         providing that all board members or officers of a
 4290         community association that contracts with a community
 4291         association manager or a community association
 4292         management firm have a duty to ensure that the
 4293         community association manager or community association
 4294         management firm is properly licensed before entering
 4295         into a contract; authorizing a community association
 4296         to terminate a contract with a community association
 4297         manager or a community association management firm if
 4298         the manager’s or management firm’s license is
 4299         suspended or revoked during the term of the contract;
 4300         requiring every condominium association to have
 4301         adequate property insurance; deleting specified
 4302         required coverage; providing that the amount of
 4303         adequate insurance coverage may be based on the
 4304         replacement cost of the property to be insured, as
 4305         determined by an independent insurance appraisal or
 4306         previous appraisal; requiring that such replacement
 4307         cost be determined according to a specified timeframe;
 4308         providing that an association’s obligation to obtain
 4309         and provide adequate property insurance may be
 4310         satisfied by obtaining and maintaining insurance
 4311         coverage sufficient to cover a specified amount;
 4312         revising which items constitute the official records
 4313         of the association; requiring that certain documents
 4314         be posted on certain associations’ websites or made
 4315         available for download through an application on a
 4316         mobile device within a specified timeframe; revising
 4317         which documents must be posted in digital format on
 4318         the association’s website or application; revising the
 4319         timeframe in which the association must deliver a copy
 4320         of the most recent financial report or a notice that a
 4321         copy of the most recent financial report will be
 4322         distributed; revising the methods of delivery for a
 4323         copy of the most recent association financial report
 4324         to include electronic delivery via the Internet;
 4325         requiring that an officer or a director execute an
 4326         affidavit as evidence of compliance with the delivery
 4327         requirement; revising how financial reports are
 4328         prepared; requiring an association board to use best
 4329         efforts to make prudent investment decisions in
 4330         fulfilling its duty to manage operating and reserve
 4331         funds of the association; authorizing an association,
 4332         including a multicondominium association, to invest
 4333         reserve funds in specified financial institutions
 4334         without a vote of the unit owners; amending s.
 4335         718.112, F.S.; authorizing an association board
 4336         meeting to be conducted in person or by video
 4337         conference; requiring the Division of Florida
 4338         Condominiums, Timeshares, and Mobile Homes to adopt
 4339         rules; requiring that notice for board meetings
 4340         conducted via video conference contain specific
 4341         information; requiring that such meetings be recorded
 4342         and maintained as an official record of the
 4343         association; revising the distance from the
 4344         condominium property within which a unit owner meeting
 4345         must be held; authorizing a unit owner to vote
 4346         electronically if the unit owner meeting is conducted
 4347         via video conference; authorizing unit owner meetings
 4348         to be conducted in person or via video conference;
 4349         specifying what constitutes a quorum for meetings held
 4350         via video conference; requiring that, if the bylaws
 4351         are silent as to the location, the location of the
 4352         meeting be provided in the association bylaws or
 4353         within a specified distance from, or within the same
 4354         county of, the condominium property; requiring that
 4355         meetings held via video conference be recorded and be
 4356         maintained as an official record of the association;
 4357         requiring the division to adopt rules; revising the
 4358         methods of serving notice of unit owner meetings;
 4359         authorizing budget meetings to be conducted via video
 4360         conference; requiring the division to adopt rules;
 4361         requiring that a sound transmitting device be used at
 4362         such meetings for a specified purpose; revising a
 4363         provision requiring that a board proposing a budget
 4364         that requires a certain special assessment against
 4365         unit owners simultaneously propose a substitute budget
 4366         that meets certain requirements, rather than conduct a
 4367         special meeting of the unit owners to consider a
 4368         substitute budget after the adoption of the annual
 4369         budget; requiring unit owners, rather than authorizing
 4370         them, to consider a substitute budget; providing that
 4371         the annual budget initially proposed by the board be
 4372         adopted under certain circumstances; revising the
 4373         criteria used in determining whether assessments
 4374         exceed the specified percentage of assessments of the
 4375         previous fiscal year; revising the threshold for
 4376         deferred maintenance expenses or replacements in
 4377         reserve accounts; authorizing the members to vote to
 4378         waive the maintenance of reserves recommended in the
 4379         most recent structural integrity reserve study under
 4380         certain circumstances; deleting a requirement that the
 4381         division approve the funding method; providing that
 4382         specified reserves may be funded by regular
 4383         assessments, special assessments, lines of credit, or
 4384         loans under certain circumstances; requiring that any
 4385         special assessment, line of credit, or loan be
 4386         approved by a majority of the total voting interests
 4387         of the association; authorizing a unit-owner
 4388         controlled association that is required to have a
 4389         structural reserve study to obtain a line of credit or
 4390         a loan to fund capital expenses required by a
 4391         milestone inspection or a structural integrity reserve
 4392         study; requiring that any special assessment, line of
 4393         credit, or loan be sufficient to fund the cumulative
 4394         amount of any previously waived or unfunded portions
 4395         of the reserve funding amount and the most recent
 4396         structural integrity reserve study; requiring that
 4397         funding from the line of credit or loan be immediately
 4398         available for access by the board for a specified
 4399         purpose without further approval by association
 4400         members; requiring that such special assessments,
 4401         lines of credit, or loans be included in the
 4402         association’s financial report; providing
 4403         applicability; deleting a requirement that the
 4404         majority of the members must approve of the board
 4405         pausing contributions to the association’s reserves
 4406         for a specified purpose; authorizing the board to
 4407         temporarily pause reserve fund contributions or reduce
 4408         the amount of reserve funding for a specified purpose
 4409         for a budget adopted on or before a specified date if
 4410         the association has completed a milestone inspection
 4411         within a specified timeframe and such inspection
 4412         recommended certain repairs; requiring that such
 4413         temporary pause or reduction be approved by a majority
 4414         of the total voting interests of the association;
 4415         providing applicability; requiring associations that
 4416         have paused or reduced their reserve funding to have a
 4417         structural integrity reserve study performed before
 4418         the continuation of reserve contributions for
 4419         specified purposes; providing that an association’s
 4420         reserve accounts may be pooled for a specified number
 4421         of required components; requiring that reserve funding
 4422         for certain components be pooled within those
 4423         components; requiring that reserve funding in the
 4424         proposed annual budget be sufficient to ensure that
 4425         available funds meet or exceed projected expenses for
 4426         all components in the reserve pool based on the
 4427         reserve funding plan or schedule of the most recent
 4428         structural integrity reserve study; providing that a
 4429         vote of the members is not required for the board to
 4430         change the accounting method for reserves to specified
 4431         accounting methods; requiring the division to annually
 4432         adjust for inflation the minimum threshold amount for
 4433         required reserves, based on specified criteria;
 4434         requiring the division, by a specified date and
 4435         annually thereafter, to conspicuously post on its
 4436         website the inflation-adjusted minimum threshold
 4437         amount for required reserves; revising the items to be
 4438         included in a structural integrity reserve study;
 4439         requiring specified design professionals or
 4440         contractors who bid to perform a structural integrity
 4441         reserve study to disclose in writing to the
 4442         association their intent to bid on any services
 4443         related to the maintenance, repair, or replacement
 4444         that may be recommended by the structural integrity
 4445         reserve study; prohibiting such professionals or
 4446         contractors from having any interest in or being
 4447         related to any person having any interest in the firm
 4448         or entity providing the association’s structural
 4449         integrity reserve study unless such relationship is
 4450         disclosed in writing; defining the term “relative”;
 4451         providing that a contract for services is voidable and
 4452         terminates upon the association filing a written
 4453         notice terminating such a contract if such
 4454         professional or contractor fails to provide a written
 4455         disclosure of such relationship with the firm
 4456         conducting the structural integrity reserve study;
 4457         providing that such professional or contractor may be
 4458         subject to discipline for his or her failure to
 4459         provide such written disclosure; requiring that a
 4460         structural integrity reserve study include a
 4461         recommendation for a reserve funding schedule based on
 4462         specified criteria; providing that the study may
 4463         recommend other types of reserve funding schedules,
 4464         provided each recommended schedule is sufficient to
 4465         meet the association’s maintenance obligations;
 4466         requiring that reserves not required for certain items
 4467         be separately identified as such in the structural
 4468         integrity reserve study; requiring that the structural
 4469         integrity reserve study take into consideration the
 4470         funding method or methods used by the association to
 4471         fund maintenance and reserve funding obligations
 4472         through regular assessments, special assessments,
 4473         lines of credit, or loans; requiring that a structural
 4474         integrity reserve study that has been performed before
 4475         the approval of a special assessment or the securing
 4476         of a line of credit or a loan be updated to reflect
 4477         certain information regarding the reserve funding
 4478         schedule; providing that a structural integrity
 4479         reserve study may be updated to reflect changes in the
 4480         useful life of the reserve items after such items are
 4481         repaired or replaced, and the effect such repair or
 4482         replacement will have on the reserve funding schedule;
 4483         requiring an association to obtain an updated
 4484         structural integrity reserve study before adopting any
 4485         budget in which the reserve funding from regular
 4486         assessments, special assessments, lines of credit, or
 4487         loans do not align with the funding plan from the most
 4488         recent version of the structural integrity reserve
 4489         study; revising applicability; authorizing an
 4490         association to delay a required structural integrity
 4491         reserve study for a specified timeframe if it has
 4492         completed a milestone inspection or similar
 4493         inspection, for a specified purpose; requiring an
 4494         officer or director of an association to sign an
 4495         affidavit acknowledging receipt of the completed
 4496         structural integrity reserve study; requiring the
 4497         division to adopt rules for the form for the
 4498         structural integrity reserve study in coordination
 4499         with the Florida Building Commission; making technical
 4500         changes; amending s. 718.113, F.S.; requiring the
 4501         board to determine whose responsibility it is to pay
 4502         for removal or reinstallation of hurricane protection
 4503         under certain circumstances; deleting authorization
 4504         for an association to enforce and collect certain
 4505         charges as assessments; amending s. 718.1265, F.S.;
 4506         revising the emergency powers of a condominium
 4507         association; amending s. 718.128, F.S.; deleting a
 4508         requirement for written notice of certain meetings;
 4509         requiring, after a specified percentage of voting
 4510         interests adopts a resolution, a board to hold a
 4511         meeting within a certain timeframe to adopt such
 4512         resolution; requiring that a petition to adopt a
 4513         resolution be submitted to the board within a certain
 4514         timeframe; requiring an association to designate an e
 4515         mail address for receipt of electronically transmitted
 4516         ballots; requiring that electronically transmitted
 4517         ballots meet specified requirements; authorizing a
 4518         unit owner to electronically transmit a ballot without
 4519         complying with certain provisions; requiring an
 4520         association to count completed such electronically
 4521         submitted ballots if such ballots comply with
 4522         specified requirements; providing requirements for
 4523         electronically transmitted ballots; providing a
 4524         rebuttable presumption; amending s. 718.203, F.S.;
 4525         providing that all condominiums, not just residential,
 4526         can be covered by an insured warranty program;
 4527         amending s. 718.301, F.S.; providing that certain
 4528         provisions of law relating to transfer of control of
 4529         an association do not apply to certain residential
 4530         condominiums beginning on a specified date; amending
 4531         s. 718.302, F.S.; providing that certain agreements
 4532         may be cancelled by unit owners if the unit owners own
 4533         a specified percentage of voting interests in certain
 4534         condominiums; amending s. 718.407, F.S.; requiring
 4535         that a specified report be provided to an association
 4536         within a certain timeframe after the end of the fiscal
 4537         year; requiring that copies of receipts and invoices
 4538         be included with the report; authorizing the division
 4539         to impose penalties under certain circumstances;
 4540         authorizing an association to challenge the
 4541         apportionment of certain costs of the shared
 4542         facilities within a certain timeframe; providing
 4543         construction; amending s. 718.501, F.S.; revising the
 4544         duties of the Division of Florida Condominiums,
 4545         Timeshares, and Mobile Homes regarding investigation
 4546         of complaints; requiring condominium associations to
 4547         create and maintain an online account with the
 4548         division on or before a specified date; requiring
 4549         condominium associations to provide requested
 4550         information to the division; requiring the division to
 4551         adopt rules; authorizing the division to require
 4552         condominium associations to provide such information
 4553         no more than once a year; requiring that certain
 4554         information be updated within a specified timeframe;
 4555         requiring the division to provide a condominium
 4556         association a specified notice of any requirement to
 4557         provide information after the condominium association
 4558         creates an online account; specifying the information
 4559         the division may require from a condominium
 4560         association; amending s. 718.503, F.S.; revising the
 4561         disclosures that must be included in a contract for
 4562         the sale and resale of a residential unit; amending s.
 4563         8 of chapter 2024-244, Laws of Florida, as amended;
 4564         requiring that specified documents be made available
 4565         on an association’s website or made available for
 4566         download through an application on a mobile device
 4567         within a specified timeframe; revising the documents
 4568         required to be posted in digital format on an
 4569         association’s website or application; amending s. 31
 4570         of chapter 2024-244, Laws of Florida; revising
 4571         retroactivity and applicability; amending s. 719.104,
 4572         F.S.; requiring a board to use best efforts to make
 4573         prudent investment decisions in fulfilling its duty to
 4574         manage operating and reserve funds of the cooperative
 4575         association; authorizing an association to invest
 4576         reserve funds in specified financial institutions
 4577         without a vote of the unit owners; amending s.
 4578         719.106, F.S.; revising the deferred maintenance
 4579         expense or replacement costs threshold that must be
 4580         included in reserve accounts; authorizing the board to
 4581         pause contributions to its reserves or reduce reserve
 4582         funding if a local building official determines the
 4583         entire cooperative building is uninhabitable due to a
 4584         natural emergency; authorizing any reserve account
 4585         funds held by the association to be expended to make
 4586         the cooperative building and its structures habitable,
 4587         pursuant to the board’s determination; requiring the
 4588         association to immediately resume contributing funds
 4589         to its reserves upon determination by the local
 4590         building official that the cooperative building is
 4591         habitable; providing that certain reserves may be
 4592         funded by regular assessments, special assessments,
 4593         lines of credit, or loans under certain circumstances;
 4594         requiring that a special assessment, a line of credit,
 4595         or a loan requires the approval of a majority vote of
 4596         the total voting interests of an association;
 4597         authorizing a unit-owner-controlled association to
 4598         obtain a line of credit or a loan to fund capital
 4599         expenses required by a milestone inspection or a
 4600         structural integrity reserve study; requiring that
 4601         such lines of credit or loans be sufficient to fund
 4602         the cumulative amount of any previously waived or
 4603         unfunded portion of the reserve funding amount and
 4604         most recent structural integrity reserve study;
 4605         requiring that funding from such line of credit or
 4606         loan be immediately available for access by the board
 4607         for a specified purpose without further approval by
 4608         the members of the association; requiring that any
 4609         special assessment, line of credit, or loan be
 4610         included in the annual financial statement to be
 4611         delivered to unit owners and provided to prospective
 4612         unit purchasers; authorizing the board to temporarily
 4613         pause reserve fund contributions or reduce the amount
 4614         of reserve funding for a specified purpose for a
 4615         budget adopted on or before a specified date if the
 4616         association has completed a milestone inspection
 4617         within a specified timeframe; requiring that such
 4618         temporary pause or reduction be approved by a majority
 4619         of the total voting interests of the association;
 4620         providing applicability; requiring associations that
 4621         have paused or reduced reserve funding contributions
 4622         to have a structural integrity reserve study performed
 4623         for specified purposes before the continuation of
 4624         reserve contributions; providing that an association’s
 4625         reserve accounts may be pooled for a specified number
 4626         of required components; requiring that reserve funding
 4627         for certain components be pooled within those
 4628         components; requiring that reserve funding in the
 4629         proposed annual budget be sufficient to ensure that
 4630         available funds meet or exceed projected expenses for
 4631         all components in the reserve pool based on the
 4632         reserve funding plan or schedule of the most recent
 4633         structural integrity reserve study; providing that a
 4634         vote of the members is not required for the board to
 4635         change the accounting method for reserves to specified
 4636         accounting methods; requiring the division to annually
 4637         adjust for inflation the minimum threshold amount for
 4638         required reserves based on specified criteria;
 4639         requiring the division, by a specified date and
 4640         annually thereafter, to conspicuously post on its
 4641         website the inflation-adjusted minimum threshold
 4642         amount for required reserves; revising the criteria
 4643         for buildings that require a structural integrity
 4644         reserve study; revising the items required to be
 4645         included in a structural integrity reserve study;
 4646         requiring specified design professionals or
 4647         contractors, rather than any person qualified to
 4648         perform a structural integrity reserve study, to
 4649         perform structural integrity reserve studies;
 4650         requiring such design professionals or contractors who
 4651         bid to perform a structural integrity reserve study to
 4652         disclose in writing to the association their intent to
 4653         bid on any services related to the maintenance,
 4654         repair, or replacement that may be recommended by the
 4655         structural integrity reserve study; prohibiting such
 4656         professionals or contractors from having any interest
 4657         in or being related to any person having any interest
 4658         in the firm or entity providing the association’s
 4659         structural integrity reserve study unless such
 4660         relationship is disclosed in writing; defining the
 4661         term “relative”; providing that a contract for
 4662         services is voidable and terminates upon the
 4663         association filing a written notice terminating such a
 4664         contract if such professional or contractor fails to
 4665         provide a written disclosure of such relationship with
 4666         the firm conducting the structural integrity reserve
 4667         study; providing that such professional or contractor
 4668         may be subject to discipline for his or her failure to
 4669         provide such written disclosure; requiring that a
 4670         structural integrity reserve study include a
 4671         recommendation for a reserve funding schedule based on
 4672         specified criteria; providing that the study may
 4673         recommend other types of reserve funding schedules,
 4674         provided each recommended schedule is sufficient to
 4675         meet the association’s maintenance obligation;
 4676         requiring that reserves not required for certain items
 4677         be separately identified as such in the structural
 4678         integrity reserve study; requiring that the structural
 4679         integrity reserve study take into consideration the
 4680         funding method or methods used by the association to
 4681         fund its maintenance and reserve funding obligations
 4682         through regular assessments, special assessments,
 4683         lines of credit, or loans; requiring that a structural
 4684         integrity reserve study that has been performed before
 4685         the approval of a special assessment or the securing
 4686         of a line of credit or a loan be updated to reflect
 4687         certain information regarding the reserve funding
 4688         schedule; providing that a structural integrity
 4689         reserve study may be updated to reflect changes in the
 4690         useful life of the reserve items after such items are
 4691         repaired or replaced, and the effect of such repair or
 4692         replacement will have on the reserve funding schedule;
 4693         requiring an association to obtain an updated
 4694         structural integrity reserve study before adopting any
 4695         budget in which the reserve funding from regular
 4696         assessments, special assessments, lines of credit, or
 4697         loans do not align with the funding plan from the most
 4698         recent version of the structural integrity reserve
 4699         study; revising applicability; authorizing an
 4700         association to delay a required structural integrity
 4701         reserve study for a specified timeframe if it has
 4702         completed a milestone inspection or similar
 4703         inspection, for a specified purpose; requiring an
 4704         officer or a director of the association to sign an
 4705         affidavit acknowledging receipt of the completed
 4706         structural integrity reserve study; requiring the
 4707         division to adopt by rule the form for the structural
 4708         integrity reserve study in coordination with the
 4709         Florida Building Commission; amending s. 719.128,
 4710         F.S.; revising the emergency powers of a cooperative
 4711         association; amending s. 719.501, F.S.; requiring a
 4712         cooperative association to create and maintain an
 4713         online account with the division; requiring the
 4714         division to adopt rules; authorizing the division to
 4715         require cooperative associations to provide
 4716         information to the division no more than once per
 4717         year; providing an exception; requiring the division
 4718         to provide associations a specified timeframe to
 4719         provide any required information; specifying the
 4720         information the division may request; amending s.
 4721         719.503, F.S.; revising the disclosures required to be
 4722         included in a contract for the sale and resale of an
 4723         interest in a cooperative; amending s. 914.21, F.S.;
 4724         revising the definition of the term “official
 4725         investigation”; reenacting s. 468.436(2)(b), F.S.,
 4726         relating to disciplinary proceedings, to incorporate
 4727         the amendment made to s. 468.4335, F.S., in a
 4728         reference thereto; reenacting ss. 718.106(2)(b),
 4729         718.117(4), 718.403(1)(d), and 718.405(4), F.S.,
 4730         relating to condominium appurtenances, termination of
 4731         condominium, phase condominiums, and
 4732         multicondominiums, respectively, to incorporate the
 4733         amendment made to s. 718.110, F.S., in references
 4734         thereto; reenacting s. 721.13(3)(e), F.S., relating to
 4735         management, to incorporate the amendment made to s.
 4736         718.111, F.S., in a reference thereto; reenacting ss.
 4737         718.504(7)(a) and (21)(c) and 718.618(1)(d), F.S.,
 4738         relating to prospectus or offering circulars and
 4739         converter reserve accounts and warranties,
 4740         respectively, to incorporate the amendment made to s.
 4741         718.112, F.S., in references thereto; reenacting s.
 4742         718.115(1)(e), F.S., relating to common expenses and
 4743         common surpluses, to incorporate the amendment made in
 4744         s. 718.113, F.S., in a reference thereto; reenacting
 4745         s. 718.706(1) and (3), F.S., relating to specific
 4746         provisions pertaining to offering of units by bulk
 4747         assignees or bulk buyers, to incorporate the
 4748         amendments made to ss. 718.111, 718.112, and 718.503,
 4749         F.S., in references thereto; reenacting s. 718.705(2),
 4750         F.S., relating to the transfer of control of the board
 4751         of administration, to incorporate the amendment made
 4752         to s. 718.301, F.S., in a reference thereto;
 4753         reenacting ss. 719.103(24) and 719.504(7)(a) and
 4754         (20)(c), F.S., relating to definitions and prospectus
 4755         or offering circulars, respectively, to incorporate
 4756         the amendment made to s. 719.106, F.S., in references
 4757         thereto; providing effective dates.