Bill Text: FL S1178 | 2024 | Regular Session | Comm Sub


Bill Title: Community Associations

Spectrum:

Status: (Introduced - Dead) 2024-03-06 - Laid on Table, refer to CS/CS/CS/HB 1021 [S1178 Detail]

Download: Florida-2024-S1178-Comm_Sub.html
       Florida Senate - 2024               CS for CS for CS for SB 1178
       
       
        
       By the Committee on Fiscal Policy; the Appropriations Committee
       on Agriculture, Environment, and General Government; the
       Committee on Regulated Industries; and Senators Bradley, Pizzo,
       Osgood, Rodriguez, and Garcia
       
       
       594-03811-24                                          20241178c3
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         468.4334, F.S.; requiring community associations to
    4         return official records of an association within a
    5         specified period following termination of a contract;
    6         specifying the manner of delivery for the notice of
    7         termination; authorizing the manager or management
    8         firm to retain records for a specified purpose within
    9         a specified timeframe; relieving a manager or
   10         management firm from responsibility if the association
   11         fails to provide access to the records necessary to
   12         complete an ending financial statement or report;
   13         providing a rebuttable presumption regarding
   14         noncompliance; providing penalties for the failure to
   15         timely return official records; providing
   16         applicability; creating s. 468.4335, F.S.; requiring
   17         community association managers and management firms to
   18         provide a written disclosure of certain conflicts of
   19         interest to the association’s board; providing a
   20         rebuttable presumption as to the existence of a
   21         conflict; requiring an association to solicit multiple
   22         bids for goods or services under certain
   23         circumstances; providing requirements for an
   24         association to approve any contract or transaction
   25         deemed a conflict of interest; authorizing the
   26         cancellation of a management contract, subject to
   27         certain requirements; specifying liability and
   28         nonliability of the association upon cancellation of
   29         such a contract; authorizing an association to void
   30         certain contracts if certain conflicts were not
   31         disclosed in accordance with the act; defining the
   32         term “relative”; amending s. 468.436, F.S.; revising
   33         the list of grounds for which the Department of
   34         Business and Professional Regulation may take
   35         disciplinary actions against community association
   36         managers or firms, to conform to changes made by the
   37         act; amending s. 553.899, F.S.; revising
   38         applicability; amending s. 718.103, F.S.; revising and
   39         defining terms; amending s. 718.104, F.S.; revising
   40         what must be included in a declaration; requiring that
   41         declarations specify the entity responsible for the
   42         installation, maintenance, repair, or replacement of
   43         hurricane protection; amending s. 718.111, F.S.;
   44         defining the term “kickback”; providing criminal
   45         penalties for any officer, director, or manager of an
   46         association who knowingly solicits, offers to accept,
   47         or accepts a kickback; requiring the Division of
   48         Florida Condominiums, Timeshares, and Mobile Homes to
   49         monitor compliance and issue fines and penalties for
   50         failure of an association to maintain the required
   51         insurance policy or fidelity bonding; revising the
   52         list of records that constitute the official records
   53         of an association; revising maintenance requirements
   54         for official records; revising requirements regarding
   55         requests to inspect or copy association records;
   56         requiring an association to provide a checklist in
   57         response to certain records requests; providing a
   58         rebuttable presumption regarding compliance; providing
   59         criminal penalties for certain violations regarding
   60         noncompliance with records requirements; defining the
   61         term “repeatedly”; requiring that copies of certain
   62         building permits be posted on an association’s website
   63         or application; modifying the method of delivery of
   64         certain letters regarding association financial
   65         reports to unit owners; conforming a provision to
   66         changes made by the act; revising circumstances under
   67         which an association may prepare certain reports;
   68         revising applicable law for criminal penalties for
   69         persons who unlawfully use a debit card issued in the
   70         name of an association; defining the term “lawful
   71         obligation of the association”; revising the threshold
   72         for associations that must post certain documents on
   73         their websites or through an application; amending s.
   74         718.112, F.S.; requiring the boards of administration
   75         of associations consisting of more than a specified
   76         number of units to meet a minimum number of times each
   77         quarter; revising requirements regarding notice of
   78         such meetings; requiring a director of a board of an
   79         association to provide a written certification and
   80         complete an educational requirement upon election or
   81         appointment to the board; specifying requirements for
   82         the education curriculum; requiring the association to
   83         bear the costs of the required educational curriculum
   84         and certificate; providing transitional provisions;
   85         requiring that an association’s budget include reserve
   86         amounts for planned maintenance, rather than for
   87         deferred maintenance; providing that, upon a
   88         determination by a specified local building official
   89         that an entire condominium building is uninhabitable
   90         due to a natural emergency, the board, upon the
   91         approval of a majority of its members, may pause
   92         contribution to reserves or reduce reserve funding for
   93         a specified period of time; authorizing an association
   94         to expend any reserve accounts held by the association
   95         to make the building and its structures habitable;
   96         requiring the association to immediately resume
   97         contributing funds to its reserve once the local
   98         building official determines the building and its
   99         structures are habitable; providing that a
  100         condominium’s structural integrity reserve study may
  101         recommend a temporary pause in reserve funding under
  102         certain circumstances; revising applicability;
  103         requiring an association to distribute copies of a
  104         structural integrity reserve study to unit owners or
  105         deliver a certain notice to them within a specified
  106         timeframe; specifying the manner of distribution or
  107         delivery; requiring the association to provide the
  108         division with a statement indicating specific
  109         information within a specified timeframe after
  110         receiving the structural integrity reserve study;
  111         revising the circumstances under which a director or
  112         an officer must be removed from office after being
  113         charged by information or indictment; prohibiting such
  114         officers and directors with pending criminal charges
  115         from accessing the official records of any
  116         association; providing an exception; providing
  117         criminal penalties for certain fraudulent voting
  118         activities relating to association elections;
  119         requiring any person charged to be removed from office
  120         and a vacancy be declared; amending s. 718.113, F.S.;
  121         providing applicability; authorizing, rather than
  122         requiring, certain hurricane protection
  123         specifications; specifying that certain actions are
  124         not material alterations or substantial additions;
  125         authorizing the boards of residential and mixed-use
  126         condominiums to install or require the unit owners to
  127         install hurricane protection; requiring a vote of the
  128         unit owners for the installation of hurricane
  129         protection; requiring that such vote be attested to in
  130         a certificate and recorded in certain public records;
  131         providing requirements for such certificate; providing
  132         that the validity or enforceability of a vote of the
  133         unit owners is not affected if the board fails to
  134         record a certificate or send a copy of the recorded
  135         certificate to the unit owners; providing that a vote
  136         of the unit owners is not required under certain
  137         circumstances; prohibiting installation of the same
  138         type of hurricane protection previously installed;
  139         providing exceptions; prohibiting the boards of
  140         residential and mixed-use condominiums from refusing
  141         to approve certain hurricane protections; authorizing
  142         the board to require owners to adhere to certain
  143         guidelines regarding the external appearance of a
  144         condominium; revising responsibility for the cost of
  145         removal or reinstallation of hurricane protection and
  146         certain exterior windows, doors, or apertures in
  147         certain circumstances; requiring the board to make a
  148         certain determination; providing that costs incurred
  149         by the association in connection with such removal or
  150         reinstallation completed by the association may not be
  151         charged to the unit owner; requiring reimbursement of
  152         the unit owner, or application of a credit toward
  153         future assessments, in certain circumstances;
  154         authorizing the association to collect charges if the
  155         association removes or installs hurricane protection
  156         and making such charges enforceable as an assessment;
  157         amending s. 718.115, F.S.; specifying when the cost of
  158         installation of hurricane protection is not a common
  159         expense; authorizing certain expenses to be
  160         enforceable as assessments; requiring that certain
  161         unit owners be excused from certain assessments or
  162         receive a credit for hurricane protection that has
  163         been installed; providing credit applicability under
  164         certain circumstances; providing for the amount of
  165         credit that a unit owner must receive; specifying that
  166         certain expenses are common expenses; amending s.
  167         718.121, F.S.; conforming a cross-reference; amending
  168         s. 718.1224, F.S.; revising legislative findings and
  169         intent to conform to changes made by the act; revising
  170         the definition of the term “governmental entity”;
  171         prohibiting a condominium association from filing
  172         strategic lawsuits against public participation;
  173         prohibiting an association from taking certain action
  174         against a unit owner in response to specified conduct;
  175         prohibiting associations from expending association
  176         funds in support of certain actions against a unit
  177         owner; conforming provisions to changes made by the
  178         act; amending s. 718.128, F.S.; authorizing a
  179         condominium association to conduct elections and other
  180         unit owner votes through an online voting system if a
  181         unit owner consents, either electronically or in
  182         writing, to online voting; revising applicability;
  183         amending s. 718.202, F.S.; authorizing the director of
  184         the Division of Florida Condominiums, Timeshares, and
  185         Mobile Homes to accept certain assurances in lieu of a
  186         specified percentage of the sale price; authorizing a
  187         developer to deliver a surety bond or an irrevocable
  188         letter of credit in an amount equivalent to a certain
  189         percentage of the sale price; conforming provisions to
  190         changes made by the act; making technical changes;
  191         amending s. 718.301, F.S.; revising items that
  192         developers are required to deliver to an association
  193         upon relinquishing control of the association;
  194         amending s. 718.3027, F.S.; revising requirements
  195         regarding attendance at a board meeting in the event
  196         of a conflict of interest; modifying circumstances
  197         under which a contract may be voided; amending s.
  198         718.303, F.S.; requiring that a notice of nonpayment
  199         be provided to a unit owner by a specified time before
  200         an election; creating s. 718.407, F.S.; providing that
  201         a condominium may be created within a portion of a
  202         building or within a multiple parcel building;
  203         providing for the common elements of such condominium;
  204         providing requirements for the declaration of
  205         condominium and other recorded instruments;
  206         authorizing an association to inspect and copy certain
  207         books and records and to receive an annual budget;
  208         requiring that a specified statement be included in a
  209         contract for the sale of a unit of the condominium;
  210         providing that a multiple parcel building is not a
  211         subdivision of land if the land is not subdivided;
  212         amending s. 718.501, F.S.; revising circumstances
  213         under which the Division of Florida Condominiums,
  214         Timeshares, and Mobile Homes has jurisdiction to
  215         investigate and enforce certain matters; requiring the
  216         division to provide official records, without charge,
  217         to a unit owner denied access to such records;
  218         authorizing the division to issue citations and adopt
  219         rules for such issuance; requiring the division to
  220         provide division-approved providers with the template
  221         certificate for issuance directly to the association;
  222         requiring the division to adopt rules related to the
  223         approval of educational curriculum providers;
  224         requiring the division to refer suspected criminal
  225         acts to the appropriate law enforcement authority;
  226         authorizing certain division officials to attend
  227         association meetings; authorizing the division to
  228         access the association’s website to investigate
  229         complaints made regarding access to official records
  230         on the association’s website and to develop rules for
  231         such access; specifying requirements for the annual
  232         certification; requiring an association to explain on
  233         the certification the reasons any certification
  234         requirements have not been met; requiring an
  235         association to complete the certifications within a
  236         specified timeframe; requiring the association to
  237         notify the division when the certification is
  238         completed; providing applicability; conforming a
  239         provision to changes made by the act; amending s.
  240         718.5011, F.S.; specifying that the secretary of the
  241         Department of Business and Professional Regulation,
  242         rather than the Governor, shall appoint the
  243         condominium ombudsman; amending ss. 718.503 and
  244         718.504, F.S.; requiring certain persons to provide
  245         specified disclosures to purchasers under certain
  246         circumstances; making technical changes; providing for
  247         retroactive applicability; amending s. 718.618, F.S.;
  248         conforming a provision to changes made by the act;
  249         amending s. 719.106, F.S.; requiring that a
  250         cooperative association’s budget include reserve
  251         amounts for planned maintenance, rather than for
  252         deferred maintenance; providing an exception for
  253         certain associations to complete a structural
  254         integrity reserve study by a certain date; requiring
  255         an association to distribute copies of a structural
  256         integrity reserve study to unit owners or deliver a
  257         certain notice to them within a specified timeframe;
  258         specifying the manner of distribution or delivery;
  259         conforming provisions to changes made by the act;
  260         amending s. 719.129, F.S.; authorizing cooperative
  261         associations to conduct elections and other unit owner
  262         votes through an online voting system if a unit owner
  263         consents, either electronically or in writing, to
  264         online voting; revising applicability; amending s.
  265         719.301, F.S.; revising items that developers are
  266         required to deliver to a cooperative association upon
  267         relinquishing control of association property;
  268         amending s. 719.618, F.S.; conforming a provision to
  269         changes made by the act; requiring the division to
  270         conduct a review of statutory requirements regarding
  271         posting of official records on a condominium
  272         association’s website or application; requiring the
  273         division to submit its findings, including any
  274         recommendations, to the Governor and the Legislature
  275         by a specified date; providing for retroactive
  276         applicability; requiring the division to create a
  277         database on its website of the associations that have
  278         reported the completion of their structural integrity
  279         reserve study by a specified date; providing an
  280         appropriation; providing construction; requiring the
  281         Florida Building Commission to perform a study on
  282         standards to prevent water intrusion through the
  283         tracks of sliding glass doors; requiring the
  284         commission to provide a written report of such a study
  285         to the Governor and Legislature by a specified date;
  286         providing effective dates.
  287          
  288  Be It Enacted by the Legislature of the State of Florida:
  289  
  290         Section 1. Subsection (3) is added to section 468.4334,
  291  Florida Statutes, to read:
  292         468.4334 Professional practice standards; liability.—
  293         (3) A community association manager or a community
  294  association management firm shall return all community
  295  association official records within its possession to the
  296  community association within 20 business days after termination
  297  of a contractual agreement to provide community association
  298  management services to the community association or receipt of a
  299  written request for return of the official records, whichever
  300  occurs first. A notice of termination of a contractual agreement
  301  to provide community association management services must be
  302  sent by certified mail, return receipt requested, or in the
  303  manner required under such contractual agreement. The community
  304  association manager or community association management firm may
  305  retain, for up to 20 business days, those records necessary to
  306  complete an ending financial statement or report. If an
  307  association fails to provide access to or retention of
  308  accounting records to prepare an ending financial statement or
  309  report, the community association manager or community
  310  association management firm is relieved from any further
  311  responsibility or liability relating to the preparation of such
  312  ending financial statement or report. Failure of a community
  313  association manager or a community association management firm
  314  to timely return all of the official records within its
  315  possession to the community association creates a rebuttable
  316  presumption that the community association manager or the
  317  community association management firm willfully failed to comply
  318  with this subsection. A community association manager or a
  319  community association management firm that fails to timely
  320  return community association records is subject to suspension of
  321  its license under s. 468.436, and a civil penalty of $1,000 per
  322  day for up to 10 business days, assessed beginning on the 21st
  323  business day after termination of a contractual agreement to
  324  provide community association management services to the
  325  community association or receipt of a written request from the
  326  association for return of the records, whichever occurs first.
  327  However, related to a timeshare plan licensed under chapter 721,
  328  the time periods in s. 721.14(4)(b) are applicable.
  329         Section 2. Section 468.4335, Florida Statutes, is created
  330  to read:
  331         468.4335 Conflicts of interest.—
  332         (1) A community association manager or a community
  333  association management firm, including directors, officers, and
  334  persons with a financial interest in a community association
  335  management firm, or a relative of such persons, must provide a
  336  written disclosure to the board of a community association of
  337  any activity that may reasonably be construed to be a conflict
  338  of interest. A rebuttable presumption of a conflict of interest
  339  exists if any of the following occurs without prior notice:
  340         (a) A community association manager or a community
  341  association management firm, including directors, officers, and
  342  persons with a financial interest in a community association
  343  management firm, or a relative of such persons, enters into a
  344  contract with the association for goods or services, other than
  345  community association management services.
  346         (b) A community association manager or a community
  347  association management firm, including directors, officers, and
  348  persons with a financial interest in a community association
  349  management firm, or a relative of such persons, holds an
  350  interest in or receives compensation or any thing of value from
  351  a corporation, limited liability corporation, partnership,
  352  limited liability partnership, or other business entity that
  353  conducts business with the association or proposes to enter into
  354  a contract or other transaction with the association.
  355         (2) If the association receives and considers a bid to
  356  provide a good or service that exceeds $2,500, other than
  357  community association management services, from a community
  358  association manager or a community association management firm,
  359  including directors, officers, and persons with a financial
  360  interest in a community association management firm, or a
  361  relative of such persons, the association must also solicit
  362  multiple bids from other third-party providers of such good or
  363  service.
  364         (3) If a community association manager or a community
  365  association management firm, including directors, officers, and
  366  persons with a financial interest in a community association
  367  management firm, or a relative of such persons, proposes to
  368  engage in an activity that is a conflict of interest as
  369  described in subsection (1), the proposed activity must be
  370  listed on, and all contracts and transactional documents related
  371  to the proposed activity must be attached to, the meeting agenda
  372  of the next board of administration meeting. The disclosures of
  373  a possible conflict of interest must be entered into the written
  374  minutes of the meeting. Approval of the contract or other
  375  transaction requires an affirmative vote of two-thirds of all
  376  directors present. At the next regular or special meeting of the
  377  members, the existence of the conflict of interest and the
  378  contract or other transaction must be disclosed to the members.
  379  If a community association manager or community management firm
  380  has previously disclosed a conflict of interest in an existing
  381  management contract entered into between the board of directors
  382  and the community association manager or management firm, the
  383  conflict of interest does not need to be additionally noticed
  384  and voted on during the term of the contract between the
  385  community association and the community association manager or
  386  management firm, but must be noticed and voted on in accordance
  387  with this provision upon renewal.
  388         (4) If the board finds that a community association manager
  389  or a community association management firm, including directors,
  390  officers, and persons with a financial interest in a community
  391  association management firm, or a relative of such persons, has
  392  violated this section, the association may cancel its community
  393  association management contract with the community association
  394  manager or the community association management firm. If the
  395  contract is canceled, the association is liable only for the
  396  reasonable value of the management services provided up to the
  397  time of cancellation and is not liable for any termination fees,
  398  liquidated damages, or other form of penalty for such
  399  cancellation.
  400         (5) If an association enters into a contract, other than a
  401  contract for community association management services, with a
  402  community association manager or a community association
  403  management firm, including directors, officers, and persons with
  404  a financial interest in a community association management firm,
  405  or a relative of such persons, which is a party to or has an
  406  interest in an activity that is a possible conflict of interest
  407  as described in subsection (1) and that activity has not been
  408  properly disclosed as a conflict of interest or potential
  409  conflict of interest as required by this section, the contract
  410  is voidable and terminates upon the association filing a written
  411  notice terminating the contract.
  412         (6) As used in this section, the term “relative” means a
  413  relative within the third degree of consanguinity by blood or
  414  marriage.
  415         Section 3. Paragraph (b) of subsection (2) of section
  416  468.436, Florida Statutes, is amended, and subsection (4) of
  417  that section is reenacted, to read:
  418         468.436 Disciplinary proceedings.—
  419         (2) The following acts constitute grounds for which the
  420  disciplinary actions in subsection (4) may be taken:
  421         (b)1. Violation of any provision of this part.
  422         2. Violation of any lawful order or rule rendered or
  423  adopted by the department or the council.
  424         3. Being convicted of or pleading nolo contendere to a
  425  felony in any court in the United States.
  426         4. Obtaining a license or certification or any other order,
  427  ruling, or authorization by means of fraud, misrepresentation,
  428  or concealment of material facts.
  429         5. Committing acts of gross misconduct or gross negligence
  430  in connection with the profession.
  431         6. Contracting, on behalf of an association, with any
  432  entity in which the licensee has a financial interest that is
  433  not disclosed.
  434         7. Failing to disclose any conflict of interest as required
  435  by s. 468.4335.
  436         8. Violating any provision of chapter 718, chapter 719, or
  437  chapter 720 during the course of performing community
  438  association management services pursuant to a contract with a
  439  community association as defined in s. 468.431(1).
  440         (4) When the department finds any community association
  441  manager or firm guilty of any of the grounds set forth in
  442  subsection (2), it may enter an order imposing one or more of
  443  the following penalties:
  444         (a) Denial of an application for licensure.
  445         (b) Revocation or suspension of a license.
  446         (c) Imposition of an administrative fine not to exceed
  447  $5,000 for each count or separate offense.
  448         (d) Issuance of a reprimand.
  449         (e) Placement of the community association manager on
  450  probation for a period of time and subject to such conditions as
  451  the department specifies.
  452         (f) Restriction of the authorized scope of practice by the
  453  community association manager.
  454         Section 4. Subsection (4) of section 553.899, Florida
  455  Statutes, is amended to read:
  456         553.899 Mandatory structural inspections for condominium
  457  and cooperative buildings.—
  458         (4) The milestone inspection report must be arranged by a
  459  condominium or cooperative association and any owner of any
  460  portion of the building which is not subject to the condominium
  461  or cooperative form of ownership. The condominium association or
  462  cooperative association and any owner of any portion of the
  463  building which is not subject to the condominium or cooperative
  464  form of ownership are each responsible for ensuring compliance
  465  with the requirements of this section. The condominium
  466  association or cooperative association is responsible for all
  467  costs associated with the milestone inspection attributable to
  468  the portions of a building which the association is responsible
  469  to maintain under the governing documents of the association.
  470  This section does not apply to a single-family, two-family, or
  471  three-family, or four-family dwelling with three or fewer
  472  habitable stories above ground.
  473         Section 5. Present subsections (19) through (32) of section
  474  718.103, Florida Statutes, are redesignated as subsections (20)
  475  through (33), respectively, a new subsection (19) is added to
  476  that section, and subsection (1) of that section is amended, to
  477  read:
  478         718.103 Definitions.—As used in this chapter, the term:
  479         (1) “Alternative funding method” means a method approved by
  480  the division for funding the capital expenditures and planned
  481  deferred maintenance obligations for a multicondominium
  482  association operating at least 25 condominiums which may
  483  reasonably be expected to fully satisfy the association’s
  484  reserve funding obligations by the allocation of funds in the
  485  annual operating budget.
  486         (19) “Hurricane protection” means hurricane shutters,
  487  impact glass, code-compliant windows or doors, and other code
  488  compliant hurricane protection products used to preserve and
  489  protect the condominium property or association property.
  490         Section 6. Effective October 1, 2024, subsection (14) of
  491  section 718.103, Florida Statutes, is amended to read:
  492         718.103 Definitions.—As used in this chapter, the term:
  493         (14) “Condominium property” means the lands, leaseholds,
  494  improvements, any and personal property, and all easements and
  495  rights appurtenant thereto, regardless of whether contiguous,
  496  which that are subjected to condominium ownership, whether or
  497  not contiguous, and all improvements thereon and all easements
  498  and rights appurtenant thereto intended for use in connection
  499  with the condominium.
  500         Section 7. Paragraph (p) is added to subsection (4) of
  501  section 718.104, Florida Statutes, to read:
  502         718.104 Creation of condominiums; contents of declaration.
  503  Every condominium created in this state shall be created
  504  pursuant to this chapter.
  505         (4) The declaration must contain or provide for the
  506  following matters:
  507         (p) For both residential condominiums and mixed-use
  508  condominiums, a statement that specifies whether the unit owner
  509  or the association is responsible for the installation,
  510  maintenance, repair, or replacement of hurricane protection that
  511  is for the preservation and protection of the condominium
  512  property and association property.
  513         Section 8. Effective October 1, 2024, paragraph (b) of
  514  subsection (4) of section 718.104, Florida Statutes, is amended
  515  to read:
  516         718.104 Creation of condominiums; contents of declaration.
  517  Every condominium created in this state shall be created
  518  pursuant to this chapter.
  519         (4) The declaration must contain or provide for the
  520  following matters:
  521         (b) The name by which the condominium property is to be
  522  identified, which shall include the word “condominium” or be
  523  followed by the words “a condominium.” Condominiums created
  524  within a portion of a building or within a multiple parcel
  525  building shall include the name by which the condominium is to
  526  be identified and be followed by “a condominium within a portion
  527  of a building or within a multiple parcel building.”
  528         Section 9. Paragraph (a) of subsection (1), paragraph (h)
  529  of subsection (11), and subsections (12), (13), and (15) of
  530  section 718.111, Florida Statutes, are amended to read:
  531         718.111 The association.—
  532         (1) CORPORATE ENTITY.—
  533         (a) The operation of the condominium shall be by the
  534  association, which must be a Florida corporation for profit or a
  535  Florida corporation not for profit. However, any association
  536  which was in existence on January 1, 1977, need not be
  537  incorporated. The owners of units shall be shareholders or
  538  members of the association. The officers and directors of the
  539  association have a fiduciary relationship to the unit owners. It
  540  is the intent of the Legislature that nothing in this paragraph
  541  shall be construed as providing for or removing a requirement of
  542  a fiduciary relationship between any manager employed by the
  543  association and the unit owners. An officer, director, or
  544  manager may not solicit, offer to accept, or accept a kickback.
  545  As used in this paragraph, the term “kickback” means any thing
  546  or service of value or kickback for which consideration has not
  547  been provided for an officer’s, a director’s, or a manager’s his
  548  or her own benefit or that of his or her immediate family, from
  549  any person providing or proposing to provide goods or services
  550  to the association. Any such officer, director, or manager who
  551  knowingly so solicits, offers to accept, or accepts a any thing
  552  or service of value or kickback commits a felony of the third
  553  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  554  775.084, and is subject to a civil penalty pursuant to s.
  555  718.501(1)(d) and, if applicable, a criminal penalty as provided
  556  in paragraph (d). However, this paragraph does not prohibit an
  557  officer, director, or manager from accepting services or items
  558  received in connection with trade fairs or education programs.
  559  An association may operate more than one condominium.
  560         (11) INSURANCE.—In order to protect the safety, health, and
  561  welfare of the people of the State of Florida and to ensure
  562  consistency in the provision of insurance coverage to
  563  condominiums and their unit owners, this subsection applies to
  564  every residential condominium in the state, regardless of the
  565  date of its declaration of condominium. It is the intent of the
  566  Legislature to encourage lower or stable insurance premiums for
  567  associations described in this subsection.
  568         (h) The association shall maintain insurance or fidelity
  569  bonding of all persons who control or disburse funds of the
  570  association. The insurance policy or fidelity bond must cover
  571  the maximum funds that will be in the custody of the association
  572  or its management agent at any one time. Upon receipt of a
  573  complaint, the division shall monitor compliance with this
  574  paragraph and may issue fines and penalties established by the
  575  division for failure of an association to maintain the required
  576  insurance policy or fidelity bond. As used in this paragraph,
  577  the term “persons who control or disburse funds of the
  578  association” includes, but is not limited to, those individuals
  579  authorized to sign checks on behalf of the association, and the
  580  president, secretary, and treasurer of the association. The
  581  association shall bear the cost of any such bonding.
  582         (12) OFFICIAL RECORDS.—
  583         (a) From the inception of the association, the association
  584  shall maintain each of the following items, if applicable, which
  585  constitutes the official records of the association:
  586         1. A copy of the plans, permits, warranties, and other
  587  items provided by the developer under s. 718.301(4).
  588         2. A photocopy of the recorded declaration of condominium
  589  of each condominium operated by the association and each
  590  amendment to each declaration.
  591         3. A photocopy of the recorded bylaws of the association
  592  and each amendment to the bylaws.
  593         4. A certified copy of the articles of incorporation of the
  594  association, or other documents creating the association, and
  595  each amendment thereto.
  596         5. A copy of the current rules of the association.
  597         6. A book or books that contain the minutes of all meetings
  598  of the association, the board of administration, and the unit
  599  owners.
  600         7. A current roster of all unit owners and their mailing
  601  addresses, unit identifications, voting certifications, and, if
  602  known, telephone numbers. The association shall also maintain
  603  the e-mail addresses and facsimile numbers of unit owners
  604  consenting to receive notice by electronic transmission. The e
  605  mail addresses and facsimile numbers are not accessible to unit
  606  owners if consent to receive notice by electronic transmission
  607  is not provided In accordance with sub-subparagraph (c)5.e.
  608  (c)3.e., the e-mail addresses and facsimile numbers are
  609  accessible to unit owners only if consent to receive notice by
  610  electronic transmission is provided, the unit owner has
  611  expressly indicated that such personal information can be shared
  612  with other unit owners, and the unit owner has not provided the
  613  association with a request to opt out of such dissemination with
  614  other unit owners. An association must ensure that such e-mail
  615  addresses and facsimile numbers are used only for the business
  616  operation of the association and may not be sold or shared with
  617  outside third parties. If such personal information is included
  618  in documents released to third parties other than unit owners,
  619  the association must redact such personal information before the
  620  document is disseminated. However, the association is not liable
  621  for an inadvertent disclosure of the e-mail address or facsimile
  622  number for receiving electronic transmission of notices unless
  623  disclosure was made with a knowing or intentional disregard of
  624  the protected nature of such information.
  625         8. All current insurance policies of the association and
  626  condominiums operated by the association.
  627         9. A current copy of any management agreement, lease, or
  628  other contract to which the association is a party or under
  629  which the association or the unit owners have an obligation or
  630  responsibility.
  631         10. Bills of sale or transfer for all property owned by the
  632  association.
  633         11. Accounting records for the association and separate
  634  accounting records for each condominium that the association
  635  operates. Any person who knowingly or intentionally defaces or
  636  destroys such records, or who knowingly or intentionally fails
  637  to create or maintain such records, with the intent of causing
  638  harm to the association or one or more of its members, is
  639  personally subject to a civil penalty pursuant to s.
  640  718.501(1)(d). The accounting records must include, but are not
  641  limited to:
  642         a. Accurate, itemized, and detailed records of all receipts
  643  and expenditures.
  644         b. All invoices, transaction receipts, or deposit slips
  645  that substantiate any receipt or expenditure of funds by the
  646  association.
  647         c. A current account and a monthly, bimonthly, or quarterly
  648  statement of the account for each unit designating the name of
  649  the unit owner, the due date and amount of each assessment, the
  650  amount paid on the account, and the balance due.
  651         d.c. All audits, reviews, accounting statements, structural
  652  integrity reserve studies, and financial reports of the
  653  association or condominium. Structural integrity reserve studies
  654  must be maintained for at least 15 years after the study is
  655  completed.
  656         e.d. All contracts for work to be performed. Bids for work
  657  to be performed are also considered official records and must be
  658  maintained by the association for at least 1 year after receipt
  659  of the bid.
  660         12. Ballots, sign-in sheets, voting proxies, and all other
  661  papers and electronic records relating to voting by unit owners,
  662  which must be maintained for 1 year from the date of the
  663  election, vote, or meeting to which the document relates,
  664  notwithstanding paragraph (b).
  665         13. All rental records if the association is acting as
  666  agent for the rental of condominium units.
  667         14. A copy of the current question and answer sheet as
  668  described in s. 718.504.
  669         15. A copy of the inspection reports described in ss.
  670  553.899 and 718.301(4)(p) and any other inspection report
  671  relating to a structural or life safety inspection of
  672  condominium property. Such record must be maintained by the
  673  association for 15 years after receipt of the report.
  674         16. Bids for materials, equipment, or services.
  675         17. All affirmative acknowledgments made pursuant to s.
  676  718.121(4)(c).
  677         18. A copy of all building permits.
  678         19.A copy of all satisfactorily completed board member
  679  educational certificates.
  680         20. All other written records of the association not
  681  specifically included in the foregoing which are related to the
  682  operation of the association.
  683         (b) The official records specified in subparagraphs (a)1.
  684  6. must be permanently maintained from the inception of the
  685  association. Bids for work to be performed or for materials,
  686  equipment, or services must be maintained for at least 1 year
  687  after receipt of the bid. All other official records must be
  688  maintained within the state for at least 7 years, unless
  689  otherwise provided by general law. The official records must be
  690  maintained in an organized manner that facilitates inspection of
  691  the records by a unit owner. In the event that the records are
  692  lost, destroyed, or otherwise unavailable, the obligation to
  693  maintain official records includes a good faith obligation to
  694  recover those records as may be reasonably possible. The records
  695  of the association shall be made available to a unit owner
  696  within 45 miles of the condominium property or within the county
  697  in which the condominium property is located within 10 working
  698  days after receipt of a written request by the board or its
  699  designee. However, such distance requirement does not apply to
  700  an association governing a timeshare condominium. This paragraph
  701  and paragraph (c) may be complied with by having a copy of the
  702  official records of the association available for inspection or
  703  copying on the condominium property or association property, or
  704  the association may offer the option of making the records
  705  available to a unit owner electronically via the Internet as
  706  provided under paragraph (g) or by allowing the records to be
  707  viewed in electronic format on a computer screen and printed
  708  upon request. The association is not responsible for the use or
  709  misuse of the information provided to an association member or
  710  his or her authorized representative in compliance with this
  711  chapter unless the association has an affirmative duty not to
  712  disclose such information under this chapter.
  713         (c)1.a. The official records of the association are open to
  714  inspection by any association member and any person authorized
  715  by an association member as a representative of such member at
  716  all reasonable times. The right to inspect the records includes
  717  the right to make or obtain copies, at the reasonable expense,
  718  if any, of the member and of the person authorized by the
  719  association member as a representative of such member. A renter
  720  of a unit has a right to inspect and copy only the declaration
  721  of condominium, the association’s bylaws and rules, and the
  722  inspection reports described in ss. 553.899 and 718.301(4)(p).
  723  The association may adopt reasonable rules regarding the
  724  frequency, time, location, notice, and manner of record
  725  inspections and copying but may not require a member to
  726  demonstrate any purpose or state any reason for the inspection.
  727  The failure of an association to provide the records within 10
  728  working days after receipt of a written request creates a
  729  rebuttable presumption that the association willfully failed to
  730  comply with this paragraph. A unit owner who is denied access to
  731  official records is entitled to the actual damages or minimum
  732  damages for the association’s willful failure to comply. Minimum
  733  damages are $50 per calendar day for up to 10 days, beginning on
  734  the 11th working day after receipt of the written request. The
  735  failure to permit inspection entitles any person prevailing in
  736  an enforcement action to recover reasonable attorney fees from
  737  the person in control of the records who, directly or
  738  indirectly, knowingly denied access to the records. If the
  739  requested records are posted on an association’s website, or are
  740  available for download through an application on a mobile
  741  device, the association may fulfill its obligations as provided
  742  under this paragraph by directing all persons authorized to
  743  request access to official records pursuant to this paragraph to
  744  the website or mobile device application.
  745         b.In response to a written request to inspect records, the
  746  association must simultaneously provide a checklist to the
  747  requestor of all records made available for inspection and
  748  copying. The checklist must also identify any of the
  749  association’s official records that were not made available to
  750  the requestor. An association must maintain a checklist provided
  751  under this sub-subparagraph for 7 years. An association
  752  delivering a checklist pursuant to this sub-subparagraph creates
  753  a rebuttable presumption that the association has complied with
  754  this paragraph.
  755         2. Any director or member of the board or association or a
  756  community association manager who knowingly, willfully, and
  757  repeatedly violates subparagraph 1. with the intent of causing
  758  harm to the association or one or more of its members commits a
  759  misdemeanor of the second degree, punishable as provided in s.
  760  775.082 or s. 775.083. For purposes of this subparagraph, the
  761  term “repeatedly” means two or more violations within a 12-month
  762  period.
  763         3.2. Any person who knowingly or intentionally defaces or
  764  destroys accounting records that are required by this chapter to
  765  be maintained during the period for which such records are
  766  required to be maintained, or who knowingly or intentionally
  767  fails to create or maintain accounting records that are required
  768  to be created or maintained, with the intent of causing harm to
  769  the association or one or more of its members, commits a
  770  misdemeanor of the first degree, punishable as provided in s.
  771  775.082 or s. 775.083, and is personally subject to a civil
  772  penalty pursuant to s. 718.501(1)(d).
  773         4. Any person who willfully and knowingly refuses to
  774  release or otherwise produce association records with the intent
  775  to avoid or escape detection, arrest, trial, or punishment for
  776  the commission of a crime, or to assist another person with such
  777  avoidance or escape, commits a felony of the third degree,
  778  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  779         5.3. The association shall maintain an adequate number of
  780  copies of the declaration, articles of incorporation, bylaws,
  781  and rules, and all amendments to each of the foregoing, as well
  782  as the question and answer sheet as described in s. 718.504 and
  783  year-end financial information required under this section, on
  784  the condominium property to ensure their availability to unit
  785  owners and prospective purchasers, and may charge its actual
  786  costs for preparing and furnishing these documents to those
  787  requesting the documents. An association shall allow a member or
  788  his or her authorized representative to use a portable device,
  789  including a smartphone, tablet, portable scanner, or any other
  790  technology capable of scanning or taking photographs, to make an
  791  electronic copy of the official records in lieu of the
  792  association’s providing the member or his or her authorized
  793  representative with a copy of such records. The association may
  794  not charge a member or his or her authorized representative for
  795  the use of a portable device. Notwithstanding this paragraph,
  796  the following records are not accessible to unit owners:
  797         a. Any record protected by the lawyer-client privilege as
  798  described in s. 90.502 and any record protected by the work
  799  product privilege, including a record prepared by an association
  800  attorney or prepared at the attorney’s express direction, which
  801  reflects a mental impression, conclusion, litigation strategy,
  802  or legal theory of the attorney or the association, and which
  803  was prepared exclusively for civil or criminal litigation or for
  804  adversarial administrative proceedings, or which was prepared in
  805  anticipation of such litigation or proceedings until the
  806  conclusion of the litigation or proceedings.
  807         b. Information obtained by an association in connection
  808  with the approval of the lease, sale, or other transfer of a
  809  unit.
  810         c. Personnel records of association or management company
  811  employees, including, but not limited to, disciplinary, payroll,
  812  health, and insurance records. For purposes of this sub
  813  subparagraph, the term “personnel records” does not include
  814  written employment agreements with an association employee or
  815  management company, or budgetary or financial records that
  816  indicate the compensation paid to an association employee.
  817         d. Medical records of unit owners.
  818         e. Social security numbers, driver license numbers, credit
  819  card numbers, e-mail addresses, telephone numbers, facsimile
  820  numbers, emergency contact information, addresses of a unit
  821  owner other than as provided to fulfill the association’s notice
  822  requirements, and other personal identifying information of any
  823  person, excluding the person’s name, unit designation, mailing
  824  address, property address, and any address, e-mail address, or
  825  facsimile number provided to the association to fulfill the
  826  association’s notice requirements. Notwithstanding the
  827  restrictions in this sub-subparagraph, an association may print
  828  and distribute to unit owners a directory containing the name,
  829  unit address, and all telephone numbers of each unit owner.
  830  However, an owner may exclude his or her telephone numbers from
  831  the directory by so requesting in writing to the association. An
  832  owner may consent in writing to the disclosure of other contact
  833  information described in this sub-subparagraph. The association
  834  is not liable for the inadvertent disclosure of information that
  835  is protected under this sub-subparagraph if the information is
  836  included in an official record of the association and is
  837  voluntarily provided by an owner and not requested by the
  838  association.
  839         f. Electronic security measures that are used by the
  840  association to safeguard data, including passwords.
  841         g. The software and operating system used by the
  842  association which allow the manipulation of data, even if the
  843  owner owns a copy of the same software used by the association.
  844  The data is part of the official records of the association.
  845         h. All affirmative acknowledgments made pursuant to s.
  846  718.121(4)(c).
  847         (d) The association shall prepare a question and answer
  848  sheet as described in s. 718.504, and shall update it annually.
  849         (e)1. The association or its authorized agent is not
  850  required to provide a prospective purchaser or lienholder with
  851  information about the condominium or the association other than
  852  information or documents required by this chapter to be made
  853  available or disclosed. The association or its authorized agent
  854  may charge a reasonable fee to the prospective purchaser,
  855  lienholder, or the current unit owner for providing good faith
  856  responses to requests for information by or on behalf of a
  857  prospective purchaser or lienholder, other than that required by
  858  law, if the fee does not exceed $150 plus the reasonable cost of
  859  photocopying and any attorney’s fees incurred by the association
  860  in connection with the response.
  861         2. An association and its authorized agent are not liable
  862  for providing such information in good faith pursuant to a
  863  written request if the person providing the information includes
  864  a written statement in substantially the following form: “The
  865  responses herein are made in good faith and to the best of my
  866  ability as to their accuracy.”
  867         (f) An outgoing board or committee member must relinquish
  868  all official records and property of the association in his or
  869  her possession or under his or her control to the incoming board
  870  within 5 days after the election. The division shall impose a
  871  civil penalty as set forth in s. 718.501(1)(d)6. against an
  872  outgoing board or committee member who willfully and knowingly
  873  fails to relinquish such records and property.
  874         (g)1. By January 1, 2019, an association managing a
  875  condominium with 150 or more units which does not contain
  876  timeshare units shall post digital copies of the documents
  877  specified in subparagraph 2. on its website or make such
  878  documents available through an application that can be
  879  downloaded on a mobile device.
  880         a. The association’s website or application must be:
  881         (I) An independent website, application, or web portal
  882  wholly owned and operated by the association; or
  883         (II) A website, application, or web portal operated by a
  884  third-party provider with whom the association owns, leases,
  885  rents, or otherwise obtains the right to operate a web page,
  886  subpage, web portal, collection of subpages or web portals, or
  887  an application which is dedicated to the association’s
  888  activities and on which required notices, records, and documents
  889  may be posted or made available by the association.
  890         b. The association’s website or application must be
  891  accessible through the Internet and must contain a subpage, web
  892  portal, or other protected electronic location that is
  893  inaccessible to the general public and accessible only to unit
  894  owners and employees of the association.
  895         c. Upon a unit owner’s written request, the association
  896  must provide the unit owner with a username and password and
  897  access to the protected sections of the association’s website or
  898  application which contain any notices, records, or documents
  899  that must be electronically provided.
  900         2. A current copy of the following documents must be posted
  901  in digital format on the association’s website or application:
  902         a. The recorded declaration of condominium of each
  903  condominium operated by the association and each amendment to
  904  each declaration.
  905         b. The recorded bylaws of the association and each
  906  amendment to the bylaws.
  907         c. The articles of incorporation of the association, or
  908  other documents creating the association, and each amendment to
  909  the articles of incorporation or other documents. The copy
  910  posted pursuant to this sub-subparagraph must be a copy of the
  911  articles of incorporation filed with the Department of State.
  912         d. The rules of the association.
  913         e. A list of all executory contracts or documents to which
  914  the association is a party or under which the association or the
  915  unit owners have an obligation or responsibility and, after
  916  bidding for the related materials, equipment, or services has
  917  closed, a list of bids received by the association within the
  918  past year. Summaries of bids for materials, equipment, or
  919  services which exceed $500 must be maintained on the website or
  920  application for 1 year. In lieu of summaries, complete copies of
  921  the bids may be posted.
  922         f. The annual budget required by s. 718.112(2)(f) and any
  923  proposed budget to be considered at the annual meeting.
  924         g. The financial report required by subsection (13) and any
  925  monthly income or expense statement to be considered at a
  926  meeting.
  927         h. The certification of each director required by s.
  928  718.112(2)(d)4.b.
  929         i. All contracts or transactions between the association
  930  and any director, officer, corporation, firm, or association
  931  that is not an affiliated condominium association or any other
  932  entity in which an association director is also a director or
  933  officer and financially interested.
  934         j. Any contract or document regarding a conflict of
  935  interest or possible conflict of interest as provided in ss.
  936  468.4335, 468.436(2)(b)6., and 718.3027(3).
  937         k. The notice of any unit owner meeting and the agenda for
  938  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  939  days before the meeting. The notice must be posted in plain view
  940  on the front page of the website or application, or on a
  941  separate subpage of the website or application labeled “Notices”
  942  which is conspicuously visible and linked from the front page.
  943  The association must also post on its website or application any
  944  document to be considered and voted on by the owners during the
  945  meeting or any document listed on the agenda at least 7 days
  946  before the meeting at which the document or the information
  947  within the document will be considered.
  948         l. Notice of any board meeting, the agenda, and any other
  949  document required for the meeting as required by s.
  950  718.112(2)(c), which must be posted no later than the date
  951  required for notice under s. 718.112(2)(c).
  952         m. The inspection reports described in ss. 553.899 and
  953  718.301(4)(p) and any other inspection report relating to a
  954  structural or life safety inspection of condominium property.
  955         n. The association’s most recent structural integrity
  956  reserve study, if applicable.
  957         o. Copies of all building permits issued for ongoing or
  958  planned construction.
  959         3. The association shall ensure that the information and
  960  records described in paragraph (c), which are not allowed to be
  961  accessible to unit owners, are not posted on the association’s
  962  website or application. If protected information or information
  963  restricted from being accessible to unit owners is included in
  964  documents that are required to be posted on the association’s
  965  website or application, the association shall ensure the
  966  information is redacted before posting the documents.
  967  Notwithstanding the foregoing, the association or its agent is
  968  not liable for disclosing information that is protected or
  969  restricted under this paragraph unless such disclosure was made
  970  with a knowing or intentional disregard of the protected or
  971  restricted nature of such information.
  972         4. The failure of the association to post information
  973  required under subparagraph 2. is not in and of itself
  974  sufficient to invalidate any action or decision of the
  975  association’s board or its committees.
  976         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  977  the fiscal year, or annually on a date provided in the bylaws,
  978  the association shall prepare and complete, or contract for the
  979  preparation and completion of, a financial report for the
  980  preceding fiscal year. Within 21 days after the final financial
  981  report is completed by the association or received from the
  982  third party, but not later than 120 days after the end of the
  983  fiscal year or other date as provided in the bylaws, the
  984  association shall deliver mail to each unit owner, by United
  985  States mail or personal delivery at the mailing address,
  986  property address, e-mail address, or facsimile number provided
  987  to fulfill the association’s notice requirements at the address
  988  last furnished to the association by the unit owner, or hand
  989  deliver to each unit owner, a copy of the most recent financial
  990  report or a notice that a copy of the most recent financial
  991  report will be mailed or hand delivered to the unit owner,
  992  without charge, within 5 business days after receipt of a
  993  written request from the unit owner. The division shall adopt
  994  rules setting forth uniform accounting principles and standards
  995  to be used by all associations and addressing the financial
  996  reporting requirements for multicondominium associations. The
  997  rules must include, but not be limited to, standards for
  998  presenting a summary of association reserves, including a good
  999  faith estimate disclosing the annual amount of reserve funds
 1000  that would be necessary for the association to fully fund
 1001  reserves for each reserve item based on the straight-line
 1002  accounting method. This disclosure is not applicable to reserves
 1003  funded via the pooling method. In adopting such rules, the
 1004  division shall consider the number of members and annual
 1005  revenues of an association. Financial reports shall be prepared
 1006  as follows:
 1007         (a) An association that meets the criteria of this
 1008  paragraph shall prepare a complete set of financial statements
 1009  in accordance with generally accepted accounting principles. The
 1010  financial statements must be based upon the association’s total
 1011  annual revenues, as follows:
 1012         1. An association with total annual revenues of $150,000 or
 1013  more, but less than $300,000, shall prepare compiled financial
 1014  statements.
 1015         2. An association with total annual revenues of at least
 1016  $300,000, but less than $500,000, shall prepare reviewed
 1017  financial statements.
 1018         3. An association with total annual revenues of $500,000 or
 1019  more shall prepare audited financial statements.
 1020         (b)1. An association with total annual revenues of less
 1021  than $150,000 shall prepare a report of cash receipts and
 1022  expenditures.
 1023         2. A report of cash receipts and disbursements must
 1024  disclose the amount of receipts by accounts and receipt
 1025  classifications and the amount of expenses by accounts and
 1026  expense classifications, including, but not limited to, the
 1027  following, as applicable: costs for security, professional and
 1028  management fees and expenses, taxes, costs for recreation
 1029  facilities, expenses for refuse collection and utility services,
 1030  expenses for lawn care, costs for building maintenance and
 1031  repair, insurance costs, administration and salary expenses, and
 1032  reserves accumulated and expended for capital expenditures,
 1033  planned deferred maintenance, and any other category for which
 1034  the association maintains reserves.
 1035         (c) An association may prepare, without a meeting of or
 1036  approval by the unit owners:
 1037         1. Compiled, reviewed, or audited financial statements, if
 1038  the association is required to prepare a report of cash receipts
 1039  and expenditures;
 1040         2. Reviewed or audited financial statements, if the
 1041  association is required to prepare compiled financial
 1042  statements; or
 1043         3. Audited financial statements if the association is
 1044  required to prepare reviewed financial statements.
 1045         (d) If approved by a majority of the voting interests
 1046  present at a properly called meeting of the association, an
 1047  association may prepare:
 1048         1. A report of cash receipts and expenditures in lieu of a
 1049  compiled, reviewed, or audited financial statement;
 1050         2. A report of cash receipts and expenditures or a compiled
 1051  financial statement in lieu of a reviewed or audited financial
 1052  statement; or
 1053         3. A report of cash receipts and expenditures, a compiled
 1054  financial statement, or a reviewed financial statement in lieu
 1055  of an audited financial statement.
 1056  
 1057  Such meeting and approval must occur before the end of the
 1058  fiscal year and is effective only for the fiscal year in which
 1059  the vote is taken. An association may not prepare a financial
 1060  report pursuant to this paragraph for consecutive fiscal years,
 1061  except that the approval may also be effective for the following
 1062  fiscal year. If the developer has not turned over control of the
 1063  association, all unit owners, including the developer, may vote
 1064  on issues related to the preparation of the association’s
 1065  financial reports, from the date of incorporation of the
 1066  association through the end of the second fiscal year after the
 1067  fiscal year in which the certificate of a surveyor and mapper is
 1068  recorded pursuant to s. 718.104(4)(e) or an instrument that
 1069  transfers title to a unit in the condominium which is not
 1070  accompanied by a recorded assignment of developer rights in
 1071  favor of the grantee of such unit is recorded, whichever occurs
 1072  first. Thereafter, all unit owners except the developer may vote
 1073  on such issues until control is turned over to the association
 1074  by the developer. Any audit or review prepared under this
 1075  section shall be paid for by the developer if done before
 1076  turnover of control of the association.
 1077         (e) A unit owner may provide written notice to the division
 1078  of the association’s failure to mail or hand deliver him or her
 1079  a copy of the most recent financial report within 5 business
 1080  days after he or she submitted a written request to the
 1081  association for a copy of such report. If the division
 1082  determines that the association failed to mail or hand deliver a
 1083  copy of the most recent financial report to the unit owner, the
 1084  division shall provide written notice to the association that
 1085  the association must mail or hand deliver a copy of the most
 1086  recent financial report to the unit owner and the division
 1087  within 5 business days after it receives such notice from the
 1088  division. An association that fails to comply with the
 1089  division’s request may not waive the financial reporting
 1090  requirement provided in paragraph (d) for the fiscal year in
 1091  which the unit owner’s request was made and the following fiscal
 1092  year. A financial report received by the division pursuant to
 1093  this paragraph shall be maintained, and the division shall
 1094  provide a copy of such report to an association member upon his
 1095  or her request.
 1096         (15) DEBIT CARDS.—
 1097         (a) An association and its officers, directors, employees,
 1098  and agents may not use a debit card issued in the name of the
 1099  association, or billed directly to the association, for the
 1100  payment of any association expense.
 1101         (b) A person who uses Use of a debit card issued in the
 1102  name of the association, or billed directly to the association,
 1103  for any expense that is not a lawful obligation of the
 1104  association commits theft under s. 812.014. For the purposes of
 1105  this paragraph, the term “lawful obligation of the association”
 1106  means an obligation that has been properly preapproved by the
 1107  board and is reflected in the meeting minutes or the written
 1108  budget may be prosecuted as credit card fraud pursuant to s.
 1109  817.61.
 1110         Section 10. Effective January 1, 2026, paragraph (g) of
 1111  subsection (12) of section 718.111, Florida Statutes, as amended
 1112  by this act, is amended to read:
 1113         718.111 The association.—
 1114         (12) OFFICIAL RECORDS.—
 1115         (g)1. By January 1, 2019, An association managing a
 1116  condominium with 25 150 or more units which does not contain
 1117  timeshare units shall post digital copies of the documents
 1118  specified in subparagraph 2. on its website or make such
 1119  documents available through an application that can be
 1120  downloaded on a mobile device.
 1121         a. The association’s website or application must be:
 1122         (I) An independent website, application, or web portal
 1123  wholly owned and operated by the association; or
 1124         (II) A website, application, or web portal operated by a
 1125  third-party provider with whom the association owns, leases,
 1126  rents, or otherwise obtains the right to operate a web page,
 1127  subpage, web portal, collection of subpages or web portals, or
 1128  an application which is dedicated to the association’s
 1129  activities and on which required notices, records, and documents
 1130  may be posted or made available by the association.
 1131         b. The association’s website or application must be
 1132  accessible through the Internet and must contain a subpage, web
 1133  portal, or other protected electronic location that is
 1134  inaccessible to the general public and accessible only to unit
 1135  owners and employees of the association.
 1136         c. Upon a unit owner’s written request, the association
 1137  must provide the unit owner with a username and password and
 1138  access to the protected sections of the association’s website or
 1139  application which contain any notices, records, or documents
 1140  that must be electronically provided.
 1141         2. A current copy of the following documents must be posted
 1142  in digital format on the association’s website or application:
 1143         a. The recorded declaration of condominium of each
 1144  condominium operated by the association and each amendment to
 1145  each declaration.
 1146         b. The recorded bylaws of the association and each
 1147  amendment to the bylaws.
 1148         c. The articles of incorporation of the association, or
 1149  other documents creating the association, and each amendment to
 1150  the articles of incorporation or other documents. The copy
 1151  posted pursuant to this sub-subparagraph must be a copy of the
 1152  articles of incorporation filed with the Department of State.
 1153         d. The rules of the association.
 1154         e. A list of all executory contracts or documents to which
 1155  the association is a party or under which the association or the
 1156  unit owners have an obligation or responsibility and, after
 1157  bidding for the related materials, equipment, or services has
 1158  closed, a list of bids received by the association within the
 1159  past year. Summaries of bids for materials, equipment, or
 1160  services which exceed $500 must be maintained on the website or
 1161  application for 1 year. In lieu of summaries, complete copies of
 1162  the bids may be posted.
 1163         f. The annual budget required by s. 718.112(2)(f) and any
 1164  proposed budget to be considered at the annual meeting.
 1165         g. The financial report required by subsection (13) and any
 1166  monthly income or expense statement to be considered at a
 1167  meeting.
 1168         h. The certification of each director required by s.
 1169  718.112(2)(d)4.b.
 1170         i. All contracts or transactions between the association
 1171  and any director, officer, corporation, firm, or association
 1172  that is not an affiliated condominium association or any other
 1173  entity in which an association director is also a director or
 1174  officer and financially interested.
 1175         j. Any contract or document regarding a conflict of
 1176  interest or possible conflict of interest as provided in ss.
 1177  468.4335, 468.436(2)(b)6., and 718.3027(3).
 1178         k. The notice of any unit owner meeting and the agenda for
 1179  the meeting, as required by s. 718.112(2)(d)3., no later than 14
 1180  days before the meeting. The notice must be posted in plain view
 1181  on the front page of the website or application, or on a
 1182  separate subpage of the website or application labeled “Notices”
 1183  which is conspicuously visible and linked from the front page.
 1184  The association must also post on its website or application any
 1185  document to be considered and voted on by the owners during the
 1186  meeting or any document listed on the agenda at least 7 days
 1187  before the meeting at which the document or the information
 1188  within the document will be considered.
 1189         l. Notice of any board meeting, the agenda, and any other
 1190  document required for the meeting as required by s.
 1191  718.112(2)(c), which must be posted no later than the date
 1192  required for notice under s. 718.112(2)(c).
 1193         m. The inspection reports described in ss. 553.899 and
 1194  718.301(4)(p) and any other inspection report relating to a
 1195  structural or life safety inspection of condominium property.
 1196         n. The association’s most recent structural integrity
 1197  reserve study, if applicable.
 1198         o. Copies of all building permits issued for ongoing or
 1199  planned construction.
 1200         3. The association shall ensure that the information and
 1201  records described in paragraph (c), which are not allowed to be
 1202  accessible to unit owners, are not posted on the association’s
 1203  website or application. If protected information or information
 1204  restricted from being accessible to unit owners is included in
 1205  documents that are required to be posted on the association’s
 1206  website or application, the association shall ensure the
 1207  information is redacted before posting the documents.
 1208  Notwithstanding the foregoing, the association or its agent is
 1209  not liable for disclosing information that is protected or
 1210  restricted under this paragraph unless such disclosure was made
 1211  with a knowing or intentional disregard of the protected or
 1212  restricted nature of such information.
 1213         4. The failure of the association to post information
 1214  required under subparagraph 2. is not in and of itself
 1215  sufficient to invalidate any action or decision of the
 1216  association’s board or its committees.
 1217         Section 11. Paragraphs (c), (d), (f), (g), and (q) of
 1218  subsection (2) of section 718.112, Florida Statutes, are
 1219  amended, and paragraph (r) is added to that subsection, to read:
 1220         718.112 Bylaws.—
 1221         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
 1222  following and, if they do not do so, shall be deemed to include
 1223  the following:
 1224         (c) Board of administration meetings.In a residential
 1225  condominium association of more than 10 units, the board of
 1226  administration shall meet at least once each quarter. At least
 1227  four times each year, the meeting agenda must include an
 1228  opportunity for members to ask questions. Meetings of the board
 1229  of administration at which a quorum of the members is present
 1230  are open to all unit owners. Members of the board of
 1231  administration may use e-mail as a means of communication but
 1232  may not cast a vote on an association matter via e-mail. A unit
 1233  owner may tape record or videotape the meetings. The right to
 1234  attend such meetings includes the right to speak at such
 1235  meetings with reference to all designated agenda items, and the
 1236  right to ask questions with respect to reports on the status of
 1237  construction or repair projects, status of revenues and
 1238  expenditures during the current fiscal year, and other issues
 1239  affecting the condominium. The division shall adopt reasonable
 1240  rules governing the tape recording and videotaping of the
 1241  meeting. The association may adopt written reasonable rules
 1242  governing the frequency, duration, and manner of unit owner
 1243  statements.
 1244         1. Adequate notice of all board meetings, which must
 1245  specifically identify all agenda items, must be posted
 1246  conspicuously on the condominium property at least 48 continuous
 1247  hours before the meeting except in an emergency. If 20 percent
 1248  of the voting interests petition the board to address an item of
 1249  business, the board, within 60 days after receipt of the
 1250  petition, shall place the item on the agenda at its next regular
 1251  board meeting or at a special meeting called for that purpose.
 1252  An item not included on the notice may be taken up on an
 1253  emergency basis by a vote of at least a majority plus one of the
 1254  board members. Such emergency action must be noticed and
 1255  ratified at the next regular board meeting. Written notice of a
 1256  meeting at which a nonemergency special assessment or an
 1257  amendment to rules regarding unit use will be considered must be
 1258  mailed, delivered, or electronically transmitted to the unit
 1259  owners and posted conspicuously on the condominium property at
 1260  least 14 days before the meeting. Evidence of compliance with
 1261  this 14-day notice requirement must be made by an affidavit
 1262  executed by the person providing the notice and filed with the
 1263  official records of the association. Notice of any meeting in
 1264  which regular or special assessments against unit owners are to
 1265  be considered must specifically state that assessments will be
 1266  considered and provide the estimated cost and description of the
 1267  purposes for such assessments.
 1268         2. Upon notice to the unit owners, the board shall, by duly
 1269  adopted rule, designate a specific location on the condominium
 1270  property where all notices of board meetings must be posted. If
 1271  there is no condominium property where notices can be posted,
 1272  notices shall be mailed, delivered, or electronically
 1273  transmitted to each unit owner at least 14 days before the
 1274  meeting. In lieu of or in addition to the physical posting of
 1275  the notice on the condominium property, the association may, by
 1276  reasonable rule, adopt a procedure for conspicuously posting and
 1277  repeatedly broadcasting the notice and the agenda on a closed
 1278  circuit cable television system serving the condominium
 1279  association. However, if broadcast notice is used in lieu of a
 1280  notice physically posted on condominium property, the notice and
 1281  agenda must be broadcast at least four times every broadcast
 1282  hour of each day that a posted notice is otherwise required
 1283  under this section. If broadcast notice is provided, the notice
 1284  and agenda must be broadcast in a manner and for a sufficient
 1285  continuous length of time so as to allow an average reader to
 1286  observe the notice and read and comprehend the entire content of
 1287  the notice and the agenda. In addition to any of the authorized
 1288  means of providing notice of a meeting of the board, the
 1289  association may, by rule, adopt a procedure for conspicuously
 1290  posting the meeting notice and the agenda on a website serving
 1291  the condominium association for at least the minimum period of
 1292  time for which a notice of a meeting is also required to be
 1293  physically posted on the condominium property. Any rule adopted
 1294  shall, in addition to other matters, include a requirement that
 1295  the association send an electronic notice in the same manner as
 1296  a notice for a meeting of the members, which must include a
 1297  hyperlink to the website where the notice is posted, to unit
 1298  owners whose e-mail addresses are included in the association’s
 1299  official records.
 1300         3. Notice of any meeting in which regular or special
 1301  assessments against unit owners are to be considered must
 1302  specifically state that assessments will be considered and
 1303  provide the estimated cost and description of the purposes for
 1304  such assessments. If an agenda item relates to the approval of a
 1305  contract for goods or services, a copy of the contract must be
 1306  provided with the notice, made available for inspection and
 1307  copying upon a written request from a unit owner, or made
 1308  available on the association’s website or through an application
 1309  that can be downloaded on a mobile device.
 1310         4.2. Meetings of a committee to take final action on behalf
 1311  of the board or make recommendations to the board regarding the
 1312  association budget are subject to this paragraph. Meetings of a
 1313  committee that does not take final action on behalf of the board
 1314  or make recommendations to the board regarding the association
 1315  budget are subject to this section, unless those meetings are
 1316  exempted from this section by the bylaws of the association.
 1317         5.3. Notwithstanding any other law, the requirement that
 1318  board meetings and committee meetings be open to the unit owners
 1319  does not apply to:
 1320         a. Meetings between the board or a committee and the
 1321  association’s attorney, with respect to proposed or pending
 1322  litigation, if the meeting is held for the purpose of seeking or
 1323  rendering legal advice; or
 1324         b. Board meetings held for the purpose of discussing
 1325  personnel matters.
 1326         (d) Unit owner meetings.—
 1327         1. An annual meeting of the unit owners must be held at the
 1328  location provided in the association bylaws and, if the bylaws
 1329  are silent as to the location, the meeting must be held within
 1330  45 miles of the condominium property. However, such distance
 1331  requirement does not apply to an association governing a
 1332  timeshare condominium.
 1333         2. Unless the bylaws provide otherwise, a vacancy on the
 1334  board caused by the expiration of a director’s term must be
 1335  filled by electing a new board member, and the election must be
 1336  by secret ballot. An election is not required if the number of
 1337  vacancies equals or exceeds the number of candidates. For
 1338  purposes of this paragraph, the term “candidate” means an
 1339  eligible person who has timely submitted the written notice, as
 1340  described in sub-subparagraph 4.a., of his or her intention to
 1341  become a candidate. Except in a timeshare or nonresidential
 1342  condominium, or if the staggered term of a board member does not
 1343  expire until a later annual meeting, or if all members’ terms
 1344  would otherwise expire but there are no candidates, the terms of
 1345  all board members expire at the annual meeting, and such members
 1346  may stand for reelection unless prohibited by the bylaws. Board
 1347  members may serve terms longer than 1 year if permitted by the
 1348  bylaws or articles of incorporation. A board member may not
 1349  serve more than 8 consecutive years unless approved by an
 1350  affirmative vote of unit owners representing two-thirds of all
 1351  votes cast in the election or unless there are not enough
 1352  eligible candidates to fill the vacancies on the board at the
 1353  time of the vacancy. Only board service that occurs on or after
 1354  July 1, 2018, may be used when calculating a board member’s term
 1355  limit. If the number of board members whose terms expire at the
 1356  annual meeting equals or exceeds the number of candidates, the
 1357  candidates become members of the board effective upon the
 1358  adjournment of the annual meeting. Unless the bylaws provide
 1359  otherwise, any remaining vacancies shall be filled by the
 1360  affirmative vote of the majority of the directors making up the
 1361  newly constituted board even if the directors constitute less
 1362  than a quorum or there is only one director. In a residential
 1363  condominium association of more than 10 units or in a
 1364  residential condominium association that does not include
 1365  timeshare units or timeshare interests, co-owners of a unit may
 1366  not serve as members of the board of directors at the same time
 1367  unless they own more than one unit or unless there are not
 1368  enough eligible candidates to fill the vacancies on the board at
 1369  the time of the vacancy. A unit owner in a residential
 1370  condominium desiring to be a candidate for board membership must
 1371  comply with sub-subparagraph 4.a. and must be eligible to be a
 1372  candidate to serve on the board of directors at the time of the
 1373  deadline for submitting a notice of intent to run in order to
 1374  have his or her name listed as a proper candidate on the ballot
 1375  or to serve on the board. A person who has been suspended or
 1376  removed by the division under this chapter, or who is delinquent
 1377  in the payment of any assessment due to the association, is not
 1378  eligible to be a candidate for board membership and may not be
 1379  listed on the ballot. For purposes of this paragraph, a person
 1380  is delinquent if a payment is not made by the due date as
 1381  specifically identified in the declaration of condominium,
 1382  bylaws, or articles of incorporation. If a due date is not
 1383  specifically identified in the declaration of condominium,
 1384  bylaws, or articles of incorporation, the due date is the first
 1385  day of the assessment period. A person who has been convicted of
 1386  any felony in this state or in a United States District or
 1387  Territorial Court, or who has been convicted of any offense in
 1388  another jurisdiction which would be considered a felony if
 1389  committed in this state, is not eligible for board membership
 1390  unless such felon’s civil rights have been restored for at least
 1391  5 years as of the date such person seeks election to the board.
 1392  The validity of an action by the board is not affected if it is
 1393  later determined that a board member is ineligible for board
 1394  membership due to having been convicted of a felony. This
 1395  subparagraph does not limit the term of a member of the board of
 1396  a nonresidential or timeshare condominium.
 1397         3. The bylaws must provide the method of calling meetings
 1398  of unit owners, including annual meetings. Written notice of an
 1399  annual meeting must include an agenda; be mailed, hand
 1400  delivered, or electronically transmitted to each unit owner at
 1401  least 14 days before the annual meeting; and be posted in a
 1402  conspicuous place on the condominium property or association
 1403  property at least 14 continuous days before the annual meeting.
 1404  Written notice of a meeting other than an annual meeting must
 1405  include an agenda; be mailed, hand delivered, or electronically
 1406  transmitted to each unit owner; and be posted in a conspicuous
 1407  place on the condominium property or association property within
 1408  the timeframe specified in the bylaws. If the bylaws do not
 1409  specify a timeframe for written notice of a meeting other than
 1410  an annual meeting, notice must be provided at least 14
 1411  continuous days before the meeting. Upon notice to the unit
 1412  owners, the board shall, by duly adopted rule, designate a
 1413  specific location on the condominium property or association
 1414  property where all notices of unit owner meetings must be
 1415  posted. This requirement does not apply if there is no
 1416  condominium property for posting notices. In lieu of, or in
 1417  addition to, the physical posting of meeting notices, the
 1418  association may, by reasonable rule, adopt a procedure for
 1419  conspicuously posting and repeatedly broadcasting the notice and
 1420  the agenda on a closed-circuit cable television system serving
 1421  the condominium association. However, if broadcast notice is
 1422  used in lieu of a notice posted physically on the condominium
 1423  property, the notice and agenda must be broadcast at least four
 1424  times every broadcast hour of each day that a posted notice is
 1425  otherwise required under this section. If broadcast notice is
 1426  provided, the notice and agenda must be broadcast in a manner
 1427  and for a sufficient continuous length of time so as to allow an
 1428  average reader to observe the notice and read and comprehend the
 1429  entire content of the notice and the agenda. In addition to any
 1430  of the authorized means of providing notice of a meeting of the
 1431  board, the association may, by rule, adopt a procedure for
 1432  conspicuously posting the meeting notice and the agenda on a
 1433  website serving the condominium association for at least the
 1434  minimum period of time for which a notice of a meeting is also
 1435  required to be physically posted on the condominium property.
 1436  Any rule adopted shall, in addition to other matters, include a
 1437  requirement that the association send an electronic notice in
 1438  the same manner as a notice for a meeting of the members, which
 1439  must include a hyperlink to the website where the notice is
 1440  posted, to unit owners whose e-mail addresses are included in
 1441  the association’s official records. Unless a unit owner waives
 1442  in writing the right to receive notice of the annual meeting,
 1443  such notice must be hand delivered, mailed, or electronically
 1444  transmitted to each unit owner. Notice for meetings and notice
 1445  for all other purposes must be mailed to each unit owner at the
 1446  address last furnished to the association by the unit owner, or
 1447  hand delivered to each unit owner. However, if a unit is owned
 1448  by more than one person, the association must provide notice to
 1449  the address that the developer identifies for that purpose and
 1450  thereafter as one or more of the owners of the unit advise the
 1451  association in writing, or if no address is given or the owners
 1452  of the unit do not agree, to the address provided on the deed of
 1453  record. An officer of the association, or the manager or other
 1454  person providing notice of the association meeting, must provide
 1455  an affidavit or United States Postal Service certificate of
 1456  mailing, to be included in the official records of the
 1457  association affirming that the notice was mailed or hand
 1458  delivered in accordance with this provision.
 1459         4. The members of the board of a residential condominium
 1460  shall be elected by written ballot or voting machine. Proxies
 1461  may not be used in electing the board in general elections or
 1462  elections to fill vacancies caused by recall, resignation, or
 1463  otherwise, unless otherwise provided in this chapter. This
 1464  subparagraph does not apply to an association governing a
 1465  timeshare condominium.
 1466         a. At least 60 days before a scheduled election, the
 1467  association shall mail, deliver, or electronically transmit, by
 1468  separate association mailing or included in another association
 1469  mailing, delivery, or transmission, including regularly
 1470  published newsletters, to each unit owner entitled to a vote, a
 1471  first notice of the date of the election. A unit owner or other
 1472  eligible person desiring to be a candidate for the board must
 1473  give written notice of his or her intent to be a candidate to
 1474  the association at least 40 days before a scheduled election.
 1475  Together with the written notice and agenda as set forth in
 1476  subparagraph 3., the association shall mail, deliver, or
 1477  electronically transmit a second notice of the election to all
 1478  unit owners entitled to vote, together with a ballot that lists
 1479  all candidates not less than 14 days or more than 34 days before
 1480  the date of the election. Upon request of a candidate, an
 1481  information sheet, no larger than 8 1/2 inches by 11 inches,
 1482  which must be furnished by the candidate at least 35 days before
 1483  the election, must be included with the mailing, delivery, or
 1484  transmission of the ballot, with the costs of mailing, delivery,
 1485  or electronic transmission and copying to be borne by the
 1486  association. The association is not liable for the contents of
 1487  the information sheets prepared by the candidates. In order to
 1488  reduce costs, the association may print or duplicate the
 1489  information sheets on both sides of the paper. The division
 1490  shall by rule establish voting procedures consistent with this
 1491  sub-subparagraph, including rules establishing procedures for
 1492  giving notice by electronic transmission and rules providing for
 1493  the secrecy of ballots. Elections shall be decided by a
 1494  plurality of ballots cast. There is no quorum requirement;
 1495  however, at least 20 percent of the eligible voters must cast a
 1496  ballot in order to have a valid election. A unit owner may not
 1497  authorize any other person to vote his or her ballot, and any
 1498  ballots improperly cast are invalid. A unit owner who violates
 1499  this provision may be fined by the association in accordance
 1500  with s. 718.303. A unit owner who needs assistance in casting
 1501  the ballot for the reasons stated in s. 101.051 may obtain such
 1502  assistance. The regular election must occur on the date of the
 1503  annual meeting. Notwithstanding this sub-subparagraph, an
 1504  election is not required unless more candidates file notices of
 1505  intent to run or are nominated than board vacancies exist.
 1506         b. A director of a Within 90 days after being elected or
 1507  appointed to the board of an association of a residential
 1508  condominium, each newly elected or appointed director shall:
 1509         (I) Certify in writing to the secretary of the association
 1510  that he or she has read the association’s declaration of
 1511  condominium, articles of incorporation, bylaws, and current
 1512  written policies; that he or she will work to uphold such
 1513  documents and policies to the best of his or her ability; and
 1514  that he or she will faithfully discharge his or her fiduciary
 1515  responsibility to the association’s members. In lieu of this
 1516  written certification, within 90 days after being elected or
 1517  appointed to the board, the newly elected or appointed director
 1518  may
 1519         (II) Submit to the secretary of the association a
 1520  certificate of having satisfactorily completed the educational
 1521  curriculum administered by the division or a division-approved
 1522  condominium education provider within 1 year before or 90 days
 1523  after the date of election or appointment. The education
 1524  curriculum must be least 4 hours long and include instruction on
 1525  milestone inspections, structural integrity reserve studies,
 1526  elections, recordkeeping, financial literacy and transparency,
 1527  levying of fines, and notice and meeting requirements.
 1528  
 1529  Each newly elected or appointed director must submit the written
 1530  certification and educational certificate to the secretary of
 1531  the association within 1 year before being elected or appointed
 1532  or within 90 days after the date of election or appointment. A
 1533  director of an association of a residential condominium who was
 1534  elected or appointed before July 1, 2024, shall comply with the
 1535  written certification and educational certificate requirements
 1536  in this sub-subparagraph by June 30, 2025. The written
 1537  certification and or educational certificate is valid for 7
 1538  years from the date of issuance and does not have to be
 1539  resubmitted as long as the director serves on the board without
 1540  interruption during the 7-year period. A director who is
 1541  appointed by the developer may satisfy the educational
 1542  certificate requirement in sub-sub-subparagraph (II) for any
 1543  subsequent appointment to a board by a developer within 7 years
 1544  after the date of issuance of the most recent educational
 1545  certificate, including any interruption of service on a board or
 1546  an appointment to a board in another association within that 7
 1547  year period. Additionally, 1 year after submission of the most
 1548  recent written certification and educational certificate, and
 1549  annually thereafter, a director of an association of a
 1550  residential condominium must submit to the secretary of the
 1551  association a certificate of having satisfactorily completed an
 1552  educational curriculum administered by a division-approved
 1553  condominium education provider, relating to any recent changes
 1554  to this chapter and the related administrative rules, during the
 1555  past year. The cost of a required educational curriculum and
 1556  certificate is an expense of the association which the
 1557  association may pay on behalf of the director or reimburse the
 1558  director for his or her expense. A director of an association of
 1559  a residential condominium who fails to timely file the written
 1560  certification and or educational certificate is suspended from
 1561  service on the board until he or she complies with this sub
 1562  subparagraph. The board may temporarily fill the vacancy during
 1563  the period of suspension. The secretary shall cause the
 1564  association to retain a director’s written certification and or
 1565  educational certificate for inspection by the members for 7 5
 1566  years after a director’s election or the duration of the
 1567  director’s uninterrupted tenure, whichever is longer. Failure to
 1568  have such written certification and or educational certificate
 1569  on file does not affect the validity of any board action.
 1570         c. Any challenge to the election process must be commenced
 1571  within 60 days after the election results are announced.
 1572         5. Any approval by unit owners called for by this chapter
 1573  or the applicable declaration or bylaws, including, but not
 1574  limited to, the approval requirement in s. 718.111(8), must be
 1575  made at a duly noticed meeting of unit owners and is subject to
 1576  all requirements of this chapter or the applicable condominium
 1577  documents relating to unit owner decisionmaking, except that
 1578  unit owners may take action by written agreement, without
 1579  meetings, on matters for which action by written agreement
 1580  without meetings is expressly allowed by the applicable bylaws
 1581  or declaration or any law that provides for such action.
 1582         6. Unit owners may waive notice of specific meetings if
 1583  allowed by the applicable bylaws or declaration or any law.
 1584  Notice of meetings of the board of administration; unit owner
 1585  meetings, except unit owner meetings called to recall board
 1586  members under paragraph (l); and committee meetings may be given
 1587  by electronic transmission to unit owners who consent to receive
 1588  notice by electronic transmission. A unit owner who consents to
 1589  receiving notices by electronic transmission is solely
 1590  responsible for removing or bypassing filters that block receipt
 1591  of mass e-mails sent to members on behalf of the association in
 1592  the course of giving electronic notices.
 1593         7. Unit owners have the right to participate in meetings of
 1594  unit owners with reference to all designated agenda items.
 1595  However, the association may adopt reasonable rules governing
 1596  the frequency, duration, and manner of unit owner participation.
 1597         8. A unit owner may tape record or videotape a meeting of
 1598  the unit owners subject to reasonable rules adopted by the
 1599  division.
 1600         9. Unless otherwise provided in the bylaws, any vacancy
 1601  occurring on the board before the expiration of a term may be
 1602  filled by the affirmative vote of the majority of the remaining
 1603  directors, even if the remaining directors constitute less than
 1604  a quorum, or by the sole remaining director. In the alternative,
 1605  a board may hold an election to fill the vacancy, in which case
 1606  the election procedures must conform to sub-subparagraph 4.a.
 1607  unless the association governs 10 units or fewer and has opted
 1608  out of the statutory election process, in which case the bylaws
 1609  of the association control. Unless otherwise provided in the
 1610  bylaws, a board member appointed or elected under this section
 1611  shall fill the vacancy for the unexpired term of the seat being
 1612  filled. Filling vacancies created by recall is governed by
 1613  paragraph (l) and rules adopted by the division.
 1614         10. This chapter does not limit the use of general or
 1615  limited proxies, require the use of general or limited proxies,
 1616  or require the use of a written ballot or voting machine for any
 1617  agenda item or election at any meeting of a timeshare
 1618  condominium association or nonresidential condominium
 1619  association.
 1620  
 1621  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1622  association of 10 or fewer units may, by affirmative vote of a
 1623  majority of the total voting interests, provide for different
 1624  voting and election procedures in its bylaws, which may be by a
 1625  proxy specifically delineating the different voting and election
 1626  procedures. The different voting and election procedures may
 1627  provide for elections to be conducted by limited or general
 1628  proxy.
 1629         (f) Annual budget.—
 1630         1. The proposed annual budget of estimated revenues and
 1631  expenses must be detailed and must show the amounts budgeted by
 1632  accounts and expense classifications, including, at a minimum,
 1633  any applicable expenses listed in s. 718.504(21). The board
 1634  shall adopt the annual budget at least 14 days before the start
 1635  of the association’s fiscal year. In the event that the board
 1636  fails to timely adopt the annual budget a second time, it is
 1637  deemed a minor violation and the prior year’s budget shall
 1638  continue in effect until a new budget is adopted. A
 1639  multicondominium association must adopt a separate budget of
 1640  common expenses for each condominium the association operates
 1641  and must adopt a separate budget of common expenses for the
 1642  association. In addition, if the association maintains limited
 1643  common elements with the cost to be shared only by those
 1644  entitled to use the limited common elements as provided for in
 1645  s. 718.113(1), the budget or a schedule attached to it must show
 1646  the amount budgeted for this maintenance. If, after turnover of
 1647  control of the association to the unit owners, any of the
 1648  expenses listed in s. 718.504(21) are not applicable, they do
 1649  not need to be listed.
 1650         2.a. In addition to annual operating expenses, the budget
 1651  must include reserve accounts for capital expenditures and
 1652  planned deferred maintenance. These accounts must include, but
 1653  are not limited to, roof replacement, building painting, and
 1654  pavement resurfacing, regardless of the amount of planned
 1655  deferred maintenance expense or replacement cost, and any other
 1656  item that has a planned deferred maintenance expense or
 1657  replacement cost that exceeds $10,000. The amount to be reserved
 1658  must be computed using a formula based upon estimated remaining
 1659  useful life and estimated replacement cost or planned deferred
 1660  maintenance expense of the reserve item. In a budget adopted by
 1661  an association that is required to obtain a structural integrity
 1662  reserve study, reserves must be maintained for the items
 1663  identified in paragraph (g) for which the association is
 1664  responsible pursuant to the declaration of condominium, and the
 1665  reserve amount for such items must be based on the findings and
 1666  recommendations of the association’s most recent structural
 1667  integrity reserve study. With respect to items for which an
 1668  estimate of useful life is not readily ascertainable or with an
 1669  estimated remaining useful life of greater than 25 years, an
 1670  association is not required to reserve replacement costs for
 1671  such items, but an association must reserve the amount of
 1672  planned deferred maintenance expense, if any, which is
 1673  recommended by the structural integrity reserve study for such
 1674  items. The association may adjust replacement reserve
 1675  assessments annually to take into account an inflation
 1676  adjustment and any changes in estimates or extension of the
 1677  useful life of a reserve item caused by planned deferred
 1678  maintenance. The members of a unit-owner-controlled association
 1679  may determine, by a majority vote of the total voting interests
 1680  of the association, to provide no reserves or less reserves than
 1681  required by this subsection. For a budget adopted on or after
 1682  December 31, 2024, the members of a unit-owner-controlled
 1683  association that must obtain a structural integrity reserve
 1684  study may not determine to provide no reserves or less reserves
 1685  than required by this subsection for items listed in paragraph
 1686  (g), except that members of an association operating a
 1687  multicondominium may determine to provide no reserves or less
 1688  reserves than required by this subsection if an alternative
 1689  funding method has been approved by the division. If the local
 1690  building official, as defined in s. 468.603, determines that the
 1691  entire condominium building is uninhabitable due to a natural
 1692  emergency, as defined in s. 252.34, the board, upon the approval
 1693  of a majority of its members, may pause the contribution to its
 1694  reserves or reduce reserve funding until the local building
 1695  official determines that the condominium building is habitable.
 1696  Any reserve account funds held by the association may be
 1697  expended, pursuant to the board’s determination, to make the
 1698  condominium building and its structures habitable. Upon the
 1699  determination by the local building official that the
 1700  condominium building and its structures are habitable, the
 1701  association must immediately resume contributing funds to its
 1702  reserves.
 1703         b. Before turnover of control of an association by a
 1704  developer to unit owners other than a developer under s.
 1705  718.301, the developer-controlled association may not vote to
 1706  waive the reserves or reduce funding of the reserves. If a
 1707  meeting of the unit owners has been called to determine whether
 1708  to waive or reduce the funding of reserves and no such result is
 1709  achieved or a quorum is not attained, the reserves included in
 1710  the budget shall go into effect. After the turnover, the
 1711  developer may vote its voting interest to waive or reduce the
 1712  funding of reserves.
 1713         3. Reserve funds and any interest accruing thereon shall
 1714  remain in the reserve account or accounts, and may be used only
 1715  for authorized reserve expenditures unless their use for other
 1716  purposes is approved in advance by a majority vote of all the
 1717  total voting interests of the association. Before turnover of
 1718  control of an association by a developer to unit owners other
 1719  than the developer pursuant to s. 718.301, the developer
 1720  controlled association may not vote to use reserves for purposes
 1721  other than those for which they were intended. For a budget
 1722  adopted on or after December 31, 2024, members of a unit-owner
 1723  controlled association that must obtain a structural integrity
 1724  reserve study may not vote to use reserve funds, or any interest
 1725  accruing thereon, for any other purpose other than the
 1726  replacement or planned deferred maintenance costs of the
 1727  components listed in paragraph (g).
 1728         4. The only voting interests that are eligible to vote on
 1729  questions that involve waiving or reducing the funding of
 1730  reserves, or using existing reserve funds for purposes other
 1731  than purposes for which the reserves were intended, are the
 1732  voting interests of the units subject to assessment to fund the
 1733  reserves in question. Proxy questions relating to waiving or
 1734  reducing the funding of reserves or using existing reserve funds
 1735  for purposes other than purposes for which the reserves were
 1736  intended must contain the following statement in capitalized,
 1737  bold letters in a font size larger than any other used on the
 1738  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1739  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1740  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1741  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1742         (g) Structural integrity reserve study.—
 1743         1. A residential condominium association must have a
 1744  structural integrity reserve study completed at least every 10
 1745  years after the condominium’s creation for each building on the
 1746  condominium property that is three stories or higher in height,
 1747  as determined by the Florida Building Code, which includes, at a
 1748  minimum, a study of the following items as related to the
 1749  structural integrity and safety of the building:
 1750         a. Roof.
 1751         b. Structure, including load-bearing walls and other
 1752  primary structural members and primary structural systems as
 1753  those terms are defined in s. 627.706.
 1754         c. Fireproofing and fire protection systems.
 1755         d. Plumbing.
 1756         e. Electrical systems.
 1757         f. Waterproofing and exterior painting.
 1758         g. Windows and exterior doors.
 1759         h. Any other item that has a planned deferred maintenance
 1760  expense or replacement cost that exceeds $10,000 and the failure
 1761  to replace or maintain such item negatively affects the items
 1762  listed in sub-subparagraphs a.-g., as determined by the visual
 1763  inspection portion of the structural integrity reserve study.
 1764         2. A structural integrity reserve study is based on a
 1765  visual inspection of the condominium property. A structural
 1766  integrity reserve study may be performed by any person qualified
 1767  to perform such study. However, the visual inspection portion of
 1768  the structural integrity reserve study must be performed or
 1769  verified by an engineer licensed under chapter 471, an architect
 1770  licensed under chapter 481, or a person certified as a reserve
 1771  specialist or professional reserve analyst by the Community
 1772  Associations Institute or the Association of Professional
 1773  Reserve Analysts.
 1774         3. At a minimum, a structural integrity reserve study must
 1775  identify each item of the condominium property being visually
 1776  inspected, state the estimated remaining useful life and the
 1777  estimated replacement cost or planned deferred maintenance
 1778  expense of each item of the condominium property being visually
 1779  inspected, and provide a reserve funding schedule with a
 1780  recommended annual reserve amount that achieves the estimated
 1781  replacement cost or planned deferred maintenance expense of each
 1782  item of condominium property being visually inspected by the end
 1783  of the estimated remaining useful life of the item. The
 1784  structural integrity reserve study may recommend that reserves
 1785  do not need to be maintained for any item for which an estimate
 1786  of useful life and an estimate of replacement cost cannot be
 1787  determined, or the study may recommend a planned deferred
 1788  maintenance expense amount for such item. The structural
 1789  integrity reserve study may recommend that reserves for
 1790  replacement costs do not need to be maintained for any item with
 1791  an estimated remaining useful life of greater than 25 years, but
 1792  the study may recommend a planned deferred maintenance expense
 1793  amount for such item.
 1794         4. This paragraph does not apply to buildings less than
 1795  three stories in height; single-family, two-family, or three
 1796  family dwellings with three or fewer habitable stories above
 1797  ground; any portion or component of a building that has not been
 1798  submitted to the condominium form of ownership; or any portion
 1799  or component of a building that is maintained by a party other
 1800  than the association.
 1801         5. Before a developer turns over control of an association
 1802  to unit owners other than the developer, the developer must have
 1803  a turnover inspection report in compliance with s. 718.301(4)(p)
 1804  and (q) for each building on the condominium property that is
 1805  three stories or higher in height.
 1806         6. Associations existing on or before July 1, 2022, which
 1807  are controlled by unit owners other than the developer, must
 1808  have a structural integrity reserve study completed by December
 1809  31, 2024, for each building on the condominium property that is
 1810  three stories or higher in height. An association that is
 1811  required to complete a milestone inspection in accordance with
 1812  s. 553.899 on or before December 31, 2026, may complete the
 1813  structural integrity reserve study simultaneously with the
 1814  milestone inspection. In no event may the structural integrity
 1815  reserve study be completed after December 31, 2026.
 1816         7. If the milestone inspection required by s. 553.899, or
 1817  an inspection completed for a similar local requirement, was
 1818  performed within the past 5 years and meets the requirements of
 1819  this paragraph, such inspection may be used in place of the
 1820  visual inspection portion of the structural integrity reserve
 1821  study.
 1822         8. If the officers or directors of an association willfully
 1823  and knowingly fail to complete a structural integrity reserve
 1824  study pursuant to this paragraph, such failure is a breach of an
 1825  officer’s and director’s fiduciary relationship to the unit
 1826  owners under s. 718.111(1).
 1827         9. Within 45 days after receiving the structural integrity
 1828  reserve study, the association must distribute a copy of the
 1829  study to each unit owner or deliver to each unit owner a notice
 1830  that the completed study is available for inspection and copying
 1831  upon a written request. Distribution of a copy of the study or
 1832  notice must be made by United States mail or personal delivery
 1833  at the mailing address, property address, or any other address
 1834  of the owner provided to fulfill the association’s notice
 1835  requirements under this chapter, or by electronic transmission
 1836  to the e-mail address or facsimile number provided to fulfill
 1837  the association’s notice requirements to unit owners who
 1838  previously consented to receive notice by electronic
 1839  transmission.
 1840         10.Within 45 days after receiving the structural integrity
 1841  reserve study, the association must provide the division with a
 1842  statement indicating that such study was completed and that the
 1843  association provided or made such study available to each unit
 1844  owner in accordance with this section. Such statement shall be
 1845  provided to the division in the manner provided by the division
 1846  using a form posted on the division’s website.
 1847         (q) Director or officer offenses.—
 1848         1. A director or an officer charged by information or
 1849  indictment with any of the following crimes is deemed removed
 1850  from office and a vacancy declared:
 1851         a.Forgery of a ballot envelope or voting certificate used
 1852  in a condominium association election as provided in s. 831.01.
 1853         b.Theft or embezzlement involving the association’s funds
 1854  or property as provided in s. 812.014.
 1855         c.Destruction of, or the refusal to allow inspection or
 1856  copying of, an official record of a condominium association
 1857  which is accessible to unit owners within the time periods
 1858  required by general law, in furtherance of any crime. Such act
 1859  constitutes tampering with physical evidence as provided in s.
 1860  918.13.
 1861         d.Obstruction of justice under chapter 843.
 1862         e. Any criminal violation under this chapter.
 1863         2. The board shall fill the vacancy in accordance with
 1864  paragraph (d) a felony theft or embezzlement offense involving
 1865  the association’s funds or property must be removed from office,
 1866  creating a vacancy in the office to be filled according to law
 1867  until the end of the period of the suspension or the end of the
 1868  director’s term of office, whichever occurs first. While such
 1869  director or officer has such criminal charge pending, he or she
 1870  may not be appointed or elected to a position as a director or
 1871  an officer of any association and may not have access to the
 1872  official records of any association, except pursuant to a court
 1873  order. However, if the charges are resolved without a finding of
 1874  guilt, the director or officer shall be reinstated for the
 1875  remainder of his or her term of office, if any.
 1876         (r) Fraudulent voting activities relating to association
 1877  elections; penalties.
 1878         1. A person who engages in the following acts of fraudulent
 1879  voting activity relating to association elections commits a
 1880  misdemeanor of the first degree, punishable as provided in s.
 1881  775.082 or s. 775.083:
 1882         a. Willfully and falsely swearing to or affirming an oath
 1883  or affirmation, or willfully procuring another person to falsely
 1884  swear to or affirm an oath or affirmation, in connection with or
 1885  arising out of voting activities.
 1886         b. Perpetrating or attempting to perpetrate, or aiding in
 1887  the perpetration of, fraud in connection with a vote cast, to be
 1888  cast, or attempted to be cast.
 1889         c. Preventing a member from voting or preventing a member
 1890  from voting as he or she intended by fraudulently changing or
 1891  attempting to change a ballot, ballot envelope, vote, or voting
 1892  certificate of the member.
 1893         d. Menacing, threatening, or using bribery or any other
 1894  corruption to attempt, directly or indirectly, to influence,
 1895  deceive, or deter a member when the member is voting.
 1896         e. Giving or promising, directly or indirectly, anything of
 1897  value to another member with the intent to buy the vote of that
 1898  member or another member or to corruptly influence that member
 1899  or another member in casting his or her vote. This sub
 1900  subparagraph does not apply to any food served which is to be
 1901  consumed at an election rally or a meeting or to any item of
 1902  nominal value which is used as an election advertisement,
 1903  including a campaign message designed to be worn by a member.
 1904         f. Using or threatening to use, directly or indirectly,
 1905  force, violence, or intimidation or any tactic of coercion or
 1906  intimidation to induce or compel a member to vote or refrain
 1907  from voting in an election or on a particular ballot measure.
 1908         2. Each of the following acts constitutes a misdemeanor of
 1909  the first degree, punishable as provided in s. 775.082 or s.
 1910  775.083:
 1911         a. Knowingly aiding, abetting, or advising a person in the
 1912  commission of a fraudulent voting activity related to
 1913  association elections.
 1914         b. Agreeing, conspiring, combining, or confederating with
 1915  at least one other person to commit a fraudulent voting activity
 1916  related to association elections.
 1917         c. Having knowledge of a fraudulent voting activity related
 1918  to association elections and giving any aid to the offender with
 1919  intent that the offender avoid or escape detection, arrest,
 1920  trial, or punishment.
 1921  
 1922  This subparagraph does not apply to a licensed attorney giving
 1923  legal advice to a client.
 1924         3. Any person charged by information or indictment for any
 1925  of the crimes in this paragraph shall be deemed removed from
 1926  office and a vacancy declared.
 1927         Section 12. Subsection (5) of section 718.113, Florida
 1928  Statutes, is amended to read:
 1929         718.113 Maintenance; limitation upon improvement; display
 1930  of flag; hurricane shutters and protection; display of religious
 1931  decorations.—
 1932         (5) To protect the health, safety, and welfare of the
 1933  people of this state and to ensure uniformity and consistency in
 1934  the hurricane protections installed by condominium associations
 1935  and unit owners, this subsection applies to all residential and
 1936  mixed-use condominiums in this state, regardless of when the
 1937  condominium is created pursuant to the declaration of
 1938  condominium. Each board of administration of a residential
 1939  condominium or mixed-use condominium shall adopt hurricane
 1940  protection shutter specifications for each building within each
 1941  condominium operated by the association which may shall include
 1942  color, style, and other factors deemed relevant by the board.
 1943  All specifications adopted by the board must comply with the
 1944  applicable building code. The installation, maintenance, repair,
 1945  replacement, and operation of hurricane protection in accordance
 1946  with this subsection is not considered a material alteration or
 1947  substantial addition to the common elements or association
 1948  property within the meaning of this section.
 1949         (a) The board may, subject to s. 718.3026 and the approval
 1950  of a majority of voting interests of the residential condominium
 1951  or mixed-use condominium, install or require that unit owners
 1952  install hurricane shutters, impact glass, code-compliant windows
 1953  or doors, or other types of code-compliant hurricane protection
 1954  that complies comply with or exceeds exceed the applicable
 1955  building code. A vote of the unit owners to require the
 1956  installation of hurricane protection must be set forth in a
 1957  certificate attesting to such vote and include the date by which
 1958  the hurricane protection must be installed. The board must
 1959  record the certificate in the public records of the county where
 1960  the condominium is located. The certificate must include the
 1961  recording data identifying the declaration of condominium and
 1962  must be executed in the form required for the execution of a
 1963  deed. Once the certificate is recorded, the board must mail or
 1964  hand deliver a copy of the recorded certificate to the unit
 1965  owners at the owners’ addresses, as reflected in the records of
 1966  the association. The board may provide a copy of the recorded
 1967  certificate by electronic transmission to unit owners who
 1968  previously consented to receive notice by electronic
 1969  transmission. The failure to record the certificate or send a
 1970  copy of the recorded certificate to the unit owners does not
 1971  affect the validity or enforceability of the vote of the unit
 1972  owners. However, A vote of the unit owners under this paragraph
 1973  is not required if the installation, maintenance, repair, and
 1974  replacement of the hurricane shutters, impact glass, code
 1975  compliant windows or doors, or other types of code-compliant
 1976  hurricane protection, or any exterior windows, doors, or other
 1977  apertures protected by the hurricane protection, is are the
 1978  responsibility of the association pursuant to the declaration of
 1979  condominium as originally recorded or as amended, or if the unit
 1980  owners are required to install hurricane protection pursuant to
 1981  the declaration of condominium as originally recorded or as
 1982  amended. If hurricane protection or laminated glass or window
 1983  film architecturally designed to function as hurricane
 1984  protection that complies with or exceeds the current applicable
 1985  building code has been previously installed, the board may not
 1986  install the same type of hurricane shutters, impact glass, code
 1987  compliant windows or doors, or other types of code-compliant
 1988  hurricane protection or require that unit owners install the
 1989  same type of hurricane protection unless the installed hurricane
 1990  protection has reached the end of its useful life or unless it
 1991  is necessary to prevent damage to the common elements or to a
 1992  unit except upon approval by a majority vote of the voting
 1993  interests.
 1994         (b)The association is responsible for the maintenance,
 1995  repair, and replacement of the hurricane shutters, impact glass,
 1996  code-compliant windows or doors, or other types of code
 1997  compliant hurricane protection authorized by this subsection if
 1998  such property is the responsibility of the association pursuant
 1999  to the declaration of condominium. If the hurricane shutters,
 2000  impact glass, code-compliant windows or doors, or other types of
 2001  code-compliant hurricane protection are the responsibility of
 2002  the unit owners pursuant to the declaration of condominium, the
 2003  maintenance, repair, and replacement of such items are the
 2004  responsibility of the unit owner.
 2005         (b)(c) The board may operate shutters, impact glass, code
 2006  compliant windows or doors, or other types of code-compliant
 2007  hurricane protection installed pursuant to this subsection
 2008  without permission of the unit owners only if such operation is
 2009  necessary to preserve and protect the condominium property or
 2010  and association property. The installation, replacement,
 2011  operation, repair, and maintenance of such shutters, impact
 2012  glass, code-compliant windows or doors, or other types of code
 2013  compliant hurricane protection in accordance with the procedures
 2014  set forth in this paragraph are not a material alteration to the
 2015  common elements or association property within the meaning of
 2016  this section.
 2017         (c)(d) Notwithstanding any other provision in the
 2018  residential condominium or mixed-use condominium documents, if
 2019  approval is required by the documents, a board may not refuse to
 2020  approve the installation or replacement of hurricane shutters,
 2021  impact glass, code-compliant windows or doors, or other types of
 2022  code-compliant hurricane protection by a unit owner which
 2023  conforms conforming to the specifications adopted by the board.
 2024  However, a board may require the unit owner to adhere to an
 2025  existing unified building scheme regarding the external
 2026  appearance of the condominium.
 2027         (d)A unit owner is not responsible for the cost of any
 2028  removal or reinstallation of hurricane protection, including any
 2029  exterior window, door, or other aperture protected by the
 2030  hurricane protection, if its removal is necessary for the
 2031  maintenance, repair, or replacement of other condominium
 2032  property or association property for which the association is
 2033  responsible. The board shall determine whether the removal or
 2034  reinstallation of hurricane protection must be completed by the
 2035  unit owner or the association. If such removal or reinstallation
 2036  is completed by the association, the costs incurred by the
 2037  association may not be charged to the unit owner. If such
 2038  removal or reinstallation is completed by the unit owner, the
 2039  association must reimburse the unit owner for the cost of the
 2040  removal or reinstallation or the association must apply the unit
 2041  owner’s cost of removal or reinstallation as a credit toward
 2042  future assessments.
 2043         (e) If the removal or installation of hurricane protection,
 2044  including any exterior windows, doors, or other apertures
 2045  protected by the hurricane protection is the responsibility of
 2046  the unit owner, such removal or installation is completed by the
 2047  association, and the association then charges the unit owner for
 2048  such removal or installation, such charges are enforceable as an
 2049  assessment and may be collected in the manner provided under s.
 2050  718.116.
 2051         Section 13. Paragraph (e) of subsection (1) of section
 2052  718.115, Florida Statutes, is amended to read:
 2053         718.115 Common expenses and common surplus.—
 2054         (1)
 2055         (e)1.Except as provided in s. 718.113(5)(d) The expense of
 2056  installation, replacement, operation, repair, and maintenance of
 2057  hurricane shutters, impact glass, code-compliant windows or
 2058  doors, or other types of code-compliant hurricane protection by
 2059  the board pursuant to s. 718.113(5) constitutes a common expense
 2060  and shall be collected as provided in this section if the
 2061  association is responsible for the maintenance, repair, and
 2062  replacement of the hurricane shutters, impact glass, code
 2063  compliant windows or doors, or other types of code-compliant
 2064  hurricane protection pursuant to the declaration of condominium.
 2065  However, if the installation of maintenance, repair, and
 2066  replacement of the hurricane shutters, impact glass, code
 2067  compliant windows or doors, or other types of code-compliant
 2068  hurricane protection is are the responsibility of the unit
 2069  owners pursuant to the declaration of condominium or a vote of
 2070  the unit owners under s. 718.113(5), the cost of the
 2071  installation of the hurricane shutters, impact glass, code
 2072  compliant windows or doors, or other types of code-compliant
 2073  hurricane protection by the association is not a common expense
 2074  and must shall be charged individually to the unit owners based
 2075  on the cost of installation of the hurricane shutters, impact
 2076  glass, code-compliant windows or doors, or other types of code
 2077  compliant hurricane protection appurtenant to the unit. The
 2078  costs of installation of hurricane protection are enforceable as
 2079  an assessment and may be collected in the manner provided under
 2080  s. 718.116.
 2081         2. Notwithstanding s. 718.116(9), and regardless of whether
 2082  or not the declaration requires the association or unit owners
 2083  to install, maintain, repair, or replace hurricane shutters,
 2084  impact glass, code-compliant windows or doors, or other types of
 2085  code-compliant hurricane protection, the a unit owner of a unit
 2086  where who has previously installed hurricane shutters in
 2087  accordance with s. 718.113(5) that comply with the current
 2088  applicable building code shall receive a credit when the
 2089  shutters are installed; a unit owner who has previously
 2090  installed impact glass or code-compliant windows or doors that
 2091  comply with the current applicable building code shall receive a
 2092  credit when the impact glass or code-compliant windows or doors
 2093  are installed; and a unit owner who has installed other types of
 2094  code-compliant hurricane protection that complies comply with
 2095  the current applicable building code has been installed is
 2096  excused from any assessment levied by the association or shall
 2097  receive a credit if when the same type of other code-compliant
 2098  hurricane protection is installed by the association, and the
 2099  credit shall be equal to the pro rata portion of the assessed
 2100  installation cost assigned to each unit. A credit is applicable
 2101  if the installation of hurricane protection is for all other
 2102  units that do not have hurricane protection and the cost of such
 2103  installation is funded by the association’s budget, including
 2104  the use of reserve funds. The credit must be equal to the amount
 2105  that the unit owner would have been assessed to install the
 2106  hurricane protection. However, such unit owner remains
 2107  responsible for the pro rata share of expenses for hurricane
 2108  shutters, impact glass, code-compliant windows or doors, or
 2109  other types of code-compliant hurricane protection installed on
 2110  common elements and association property by the board pursuant
 2111  to s. 718.113(5) and remains responsible for a pro rata share of
 2112  the expense of the replacement, operation, repair, and
 2113  maintenance of such shutters, impact glass, code-compliant
 2114  windows or doors, or other types of code-compliant hurricane
 2115  protection. Expenses for the installation, replacement,
 2116  operation, repair, or maintenance of hurricane protection on
 2117  common elements and association property are common expenses.
 2118         Section 14. Paragraph (a) of subsection (4) of section
 2119  718.121, Florida Statutes, is amended to read:
 2120         718.121 Liens.—
 2121         (4)(a) If an association sends out an invoice for
 2122  assessments or a unit’s statement of the account described in s.
 2123  718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
 2124  assessments or the unit’s statement of account must be delivered
 2125  to the unit owner by first-class United States mail or by
 2126  electronic transmission to the unit owner’s e-mail address
 2127  maintained in the association’s official records.
 2128         Section 15. Section 718.1224, Florida Statutes, is amended
 2129  to read:
 2130         718.1224 Prohibition against SLAPP suits; other prohibited
 2131  actions.—
 2132         (1) It is the intent of the Legislature to protect the
 2133  right of condominium unit owners to exercise their rights to
 2134  instruct their representatives and petition for redress of
 2135  grievances before their condominium association and the various
 2136  governmental entities of this state as protected by the First
 2137  Amendment to the United States Constitution and s. 5, Art. I of
 2138  the State Constitution. The Legislature recognizes that
 2139  strategic lawsuits against public participation, or “SLAPP
 2140  suits,” as they are typically referred to, have occurred when
 2141  association members are sued by condominium associations,
 2142  individuals, business entities, or governmental entities arising
 2143  out of a condominium unit owner’s appearance and presentation
 2144  before the board of the condominium association or a
 2145  governmental entity on matters related to the condominium
 2146  association. However, it is the public policy of this state that
 2147  condominium associations, governmental entities, business
 2148  organizations, and individuals not engage in SLAPP suits,
 2149  because such actions are inconsistent with the right of
 2150  condominium unit owners to participate in their condominium
 2151  association and in the state’s institutions of government.
 2152  Therefore, the Legislature finds and declares that prohibiting
 2153  such lawsuits by condominium associations, governmental
 2154  entities, business entities, and individuals against condominium
 2155  unit owners who address matters concerning their condominium
 2156  association will preserve this fundamental state policy,
 2157  preserve the constitutional rights of condominium unit owners,
 2158  and ensure the continuation of representative government in this
 2159  state, and ensure unit owner participation in condominium
 2160  associations. It is the intent of the Legislature that such
 2161  lawsuits be expeditiously disposed of by the courts. As used in
 2162  this subsection, the term “governmental entity” means the state,
 2163  including the executive, legislative, and judicial branches of
 2164  government; law enforcement agencies; the independent
 2165  establishments of the state, counties, municipalities,
 2166  districts, authorities, boards, or commissions; or any agencies
 2167  of these branches that are subject to chapter 286.
 2168         (2) A condominium association, a governmental entity, a
 2169  business organization, or an individual in this state may not
 2170  file or cause to be filed through its employees or agents any
 2171  lawsuit, cause of action, claim, cross-claim, or counterclaim
 2172  against a condominium unit owner without merit and solely
 2173  because such condominium unit owner has exercised the right to
 2174  instruct his or her representatives or the right to petition for
 2175  redress of grievances before the condominium association or the
 2176  various governmental entities of this state, as protected by the
 2177  First Amendment to the United States Constitution and s. 5, Art.
 2178  I of the State Constitution.
 2179         (3) A condominium association may not fine,
 2180  discriminatorily increase a unit owner’s assessments or
 2181  discriminatorily decrease services to a unit owner, or bring or
 2182  threaten to bring an action for possession or other civil
 2183  action, including a defamation, libel, slander, or tortious
 2184  interference action, based on conduct described in paragraphs
 2185  (a)-(f). In order for the unit owner to raise the defense of
 2186  retaliatory conduct, the unit owner must have acted in good
 2187  faith and not for any improper purposes, such as to harass or to
 2188  cause unnecessary delay or for frivolous purpose or needless
 2189  increase in the cost of litigation. Examples of conduct for
 2190  which a condominium association, officer, director, or agent of
 2191  an association may not retaliate include, but are not limited
 2192  to, situations where:
 2193         (a) The unit owner has in good faith complained to a
 2194  governmental agency charged with responsibility for enforcement
 2195  of a building, housing, or health code of a suspected violation
 2196  applicable to the condominium;
 2197         (b) The unit owner has organized, encouraged, or
 2198  participated in a unit owners’ organization;
 2199         (c) The unit owner submitted information or filed a
 2200  complaint alleging criminal violations or violations of this
 2201  chapter or the rules of the division with the division, the
 2202  Office of the Condominium Ombudsman, a law enforcement agency, a
 2203  state attorney, the Attorney General, or any other governmental
 2204  agency;
 2205         (d) The unit owner has exercised his or her rights under
 2206  this chapter;
 2207         (e) The unit owner has complained to the association or any
 2208  of its representatives for their failure to comply with this
 2209  chapter or chapter 617; or
 2210         (f) The unit owner has made public statements critical of
 2211  the operation or management of the association.
 2212         (4) Evidence of retaliatory conduct may be raised by the
 2213  unit owner as a defense in any action brought against him or her
 2214  for possession.
 2215         (5) A condominium unit owner sued by a condominium
 2216  association, governmental entity, business organization, or
 2217  individual in violation of this section has a right to an
 2218  expeditious resolution of a claim that the suit is in violation
 2219  of this section. A condominium unit owner may petition the court
 2220  for an order dismissing the action or granting final judgment in
 2221  favor of that condominium unit owner. The petitioner may file a
 2222  motion for summary judgment, together with supplemental
 2223  affidavits, seeking a determination that the condominium
 2224  association’s, governmental entity’s, business organization’s,
 2225  or individual’s lawsuit has been brought in violation of this
 2226  section. The condominium association, governmental entity,
 2227  business organization, or individual shall thereafter file its
 2228  response and any supplemental affidavits. As soon as
 2229  practicable, the court shall set a hearing on the petitioner’s
 2230  motion, which shall be held at the earliest possible time after
 2231  the filing of the condominium association’s, governmental
 2232  entity’s, business organization’s, or individual’s response. The
 2233  court may award the condominium unit owner sued by the
 2234  condominium association, governmental entity, business
 2235  organization, or individual actual damages arising from the
 2236  condominium association’s, governmental entity’s, individual’s,
 2237  or business organization’s violation of this section. A court
 2238  may treble the damages awarded to a prevailing condominium unit
 2239  owner and shall state the basis for the treble damages award in
 2240  its judgment. The court shall award the prevailing party
 2241  reasonable attorney attorney’s fees and costs incurred in
 2242  connection with a claim that an action was filed in violation of
 2243  this section.
 2244         (6)(4) Condominium associations may not expend association
 2245  funds in prosecuting a SLAPP suit against a condominium unit
 2246  owner.
 2247         (7) Condominium associations may not expend association
 2248  funds in support of a defamation, libel, slander, or tortious
 2249  interference action against a unit owner or any other claim
 2250  against a unit owner based on conduct described in paragraphs
 2251  (3)(a)-(f).
 2252         Section 16. Section 718.124, Florida Statutes, is amended
 2253  to read:
 2254         718.124 Limitation on actions by association.—The statute
 2255  of limitations and repose for any actions in law or equity which
 2256  a condominium association or a cooperative association may have
 2257  shall not begin to run until the unit owners have elected a
 2258  majority of the members of the board of administration.
 2259         Section 17. Section 718.128, Florida Statutes, is amended
 2260  to read:
 2261         718.128 Electronic voting.—The association may conduct
 2262  elections and other unit owner votes through an Internet-based
 2263  online voting system if a unit owner consents, electronically or
 2264  in writing, to online voting and if the following requirements
 2265  are met:
 2266         (1) The association provides each unit owner with:
 2267         (a) A method to authenticate the unit owner’s identity to
 2268  the online voting system.
 2269         (b) For elections of the board, a method to transmit an
 2270  electronic ballot to the online voting system that ensures the
 2271  secrecy and integrity of each ballot.
 2272         (c) A method to confirm, at least 14 days before the voting
 2273  deadline, that the unit owner’s electronic device can
 2274  successfully communicate with the online voting system.
 2275         (2) The association uses an online voting system that is:
 2276         (a) Able to authenticate the unit owner’s identity.
 2277         (b) Able to authenticate the validity of each electronic
 2278  vote to ensure that the vote is not altered in transit.
 2279         (c) Able to transmit a receipt from the online voting
 2280  system to each unit owner who casts an electronic vote.
 2281         (d) For elections of the board of administration, able to
 2282  permanently separate any authentication or identifying
 2283  information from the electronic election ballot, rendering it
 2284  impossible to tie an election ballot to a specific unit owner.
 2285         (e) Able to store and keep electronic votes accessible to
 2286  election officials for recount, inspection, and review purposes.
 2287         (3) A unit owner voting electronically pursuant to this
 2288  section shall be counted as being in attendance at the meeting
 2289  for purposes of determining a quorum. A substantive vote of the
 2290  unit owners may not be taken on any issue other than the issues
 2291  specifically identified in the electronic vote, when a quorum is
 2292  established based on unit owners voting electronically pursuant
 2293  to this section.
 2294         (4) This section applies to an association that provides
 2295  for and authorizes an online voting system pursuant to this
 2296  section by a board resolution. The board resolution must provide
 2297  that unit owners receive notice of the opportunity to vote
 2298  through an online voting system, must establish reasonable
 2299  procedures and deadlines for unit owners to consent,
 2300  electronically or in writing, to online voting, and must
 2301  establish reasonable procedures and deadlines for unit owners to
 2302  opt out of online voting after giving consent. Written notice of
 2303  a meeting at which the resolution will be considered must be
 2304  mailed, delivered, or electronically transmitted to the unit
 2305  owners and posted conspicuously on the condominium property or
 2306  association property at least 14 days before the meeting.
 2307  Evidence of compliance with the 14-day notice requirement must
 2308  be made by an affidavit executed by the person providing the
 2309  notice and filed with the official records of the association.
 2310         (5) A unit owner’s consent to online voting is valid until
 2311  the unit owner opts out of online voting according to the
 2312  procedures established by the board of administration pursuant
 2313  to subsection (4).
 2314         (6) This section may apply to any matter that requires a
 2315  vote of the unit owners who are not members of a timeshare
 2316  condominium association.
 2317         Section 18. Effective October 1, 2024, subsections (1) and
 2318  (3) of section 718.202, Florida Statutes, are amended to read:
 2319         718.202 Sales or reservation deposits prior to closing.—
 2320         (1) If a developer contracts to sell a condominium parcel
 2321  and the construction, furnishing, and landscaping of the
 2322  property submitted or proposed to be submitted to condominium
 2323  ownership has not been substantially completed in accordance
 2324  with the plans and specifications and representations made by
 2325  the developer in the disclosures required by this chapter, the
 2326  developer shall pay into an escrow account all payments up to 10
 2327  percent of the sale price received by the developer from the
 2328  buyer towards the sale price. The escrow agent shall give to the
 2329  purchaser a receipt for the deposit, upon request. In lieu of
 2330  the foregoing concerning residential condominiums, the division
 2331  director has the discretion to accept other assurances,
 2332  including, but not limited to, a surety bond or an irrevocable
 2333  letter of credit in an amount equal to the escrow requirements
 2334  of this section. With respect to nonresidential condominiums,
 2335  the developer shall have the option of delivering to the escrow
 2336  agent a surety bond or an irrevocable letter of credit in an
 2337  amount equivalent to the aggregate of some or all of all
 2338  payments up to 10 percent of the sale price received by the
 2339  developer from all buyers toward the sale price, in all cases
 2340  the aggregate of initial 10 percent deposits moneys being
 2341  released secured by a surety bond or irrevocable letter of
 2342  credit in an equivalent amount. Default determinations and
 2343  refund of deposits shall be governed by the escrow release
 2344  provision of this subsection. Funds shall be released from
 2345  escrow as follows:
 2346         (a) If a buyer properly terminates the contract pursuant to
 2347  its terms or pursuant to this chapter, the funds shall be paid
 2348  to the buyer together with any interest earned.
 2349         (b) If the buyer defaults in the performance of his or her
 2350  obligations under the contract of purchase and sale, the funds
 2351  shall be paid to the developer together with any interest
 2352  earned.
 2353         (c) If the contract does not provide for the payment of any
 2354  interest earned on the escrowed funds, interest shall be paid to
 2355  the developer at the closing of the transaction.
 2356         (d) If the funds of a buyer have not been previously
 2357  disbursed in accordance with the provisions of this subsection,
 2358  they may be disbursed to the developer by the escrow agent at
 2359  the closing of the transaction, unless prior to the disbursement
 2360  the escrow agent receives from the buyer written notice of a
 2361  dispute between the buyer and developer.
 2362         (3) If the contract for sale of the condominium unit so
 2363  provides, the developer may withdraw escrow funds in excess of
 2364  10 percent of the purchase price from the special account
 2365  required by subsection (2) when the construction of improvements
 2366  has begun. He or she may use the funds for the actual costs
 2367  incurred by the developer in the construction and development of
 2368  the condominium property in which the unit to be sold is located
 2369  or the easements and rights appurtenant thereto. For purposes of
 2370  this subsection, the term “actual costs” includes, but is not
 2371  limited to, expenditures for demolition, site clearing, permit
 2372  fees, impact fees, and utility reservation fees, as well as
 2373  architectural, engineering, and surveying fees that directly
 2374  relate to construction and development of the condominium
 2375  property or the easements and rights appurtenant thereto.
 2376  However, no part of these funds may be used for salaries,
 2377  commissions, or expenses of salespersons; for advertising,
 2378  marketing, or promotional purposes; or for loan fees and costs,
 2379  principal and interest on loans, attorney fees, accounting fees,
 2380  or insurance costs. A contract that which permits use of the
 2381  advance payments for these purposes must shall include the
 2382  following legend conspicuously printed or stamped in boldfaced
 2383  type on the first page of the contract and immediately above the
 2384  place for the signature of the buyer: ANY PAYMENT IN EXCESS OF
 2385  10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO
 2386  CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION
 2387  PURPOSES BY THE DEVELOPER.
 2388         Section 19. Paragraph (p) of subsection (4) of section
 2389  718.301, Florida Statutes, is amended to read:
 2390         718.301 Transfer of association control; claims of defect
 2391  by association.—
 2392         (4) At the time that unit owners other than the developer
 2393  elect a majority of the members of the board of administration
 2394  of an association, the developer shall relinquish control of the
 2395  association, and the unit owners shall accept control.
 2396  Simultaneously, or for the purposes of paragraph (c) not more
 2397  than 90 days thereafter, the developer shall deliver to the
 2398  association, at the developer’s expense, all property of the
 2399  unit owners and of the association which is held or controlled
 2400  by the developer, including, but not limited to, the following
 2401  items, if applicable, as to each condominium operated by the
 2402  association:
 2403         (p) Notwithstanding when the certificate of occupancy was
 2404  issued or the height of the building, a turnover inspection
 2405  report included in the official records, under seal of an
 2406  architect or engineer authorized to practice in this state or a
 2407  person certified as a reserve specialist or professional reserve
 2408  analyst by the Community Associations Institute or the
 2409  Association of Professional Reserve Analysts, and consisting of
 2410  a structural integrity reserve study attesting to required
 2411  maintenance, condition, useful life, and replacement costs of
 2412  the following applicable condominium property:
 2413         1. Roof.
 2414         2. Structure, including load-bearing walls and primary
 2415  structural members and primary structural systems as those terms
 2416  are defined in s. 627.706.
 2417         3. Fireproofing and fire protection systems.
 2418         4. Plumbing.
 2419         5. Electrical systems.
 2420         6. Waterproofing and exterior painting.
 2421         7. Windows and exterior doors.
 2422         Section 20. Subsections (4) and (5) of section 718.3027,
 2423  Florida Statutes, are amended to read:
 2424         718.3027 Conflicts of interest.—
 2425         (4) A director or an officer, or a relative of a director
 2426  or an officer, who is a party to, or has an interest in, an
 2427  activity that is a possible conflict of interest, as described
 2428  in subsection (1), may attend the meeting at which the activity
 2429  is considered by the board and is authorized to make a
 2430  presentation to the board regarding the activity. After the
 2431  presentation, the director or officer, and any or the relative
 2432  of the director or officer, must leave the meeting during the
 2433  discussion of, and the vote on, the activity. A director or an
 2434  officer who is a party to, or has an interest in, the activity
 2435  must recuse himself or herself from the vote. The attendance of
 2436  a director with a possible conflict of interest at the meeting
 2437  of the board is sufficient to constitute a quorum for the
 2438  meeting and the vote in his or her absence on the proposed
 2439  activity.
 2440         (5) A contract entered into between a director or an
 2441  officer, or a relative of a director or an officer, and the
 2442  association, which is not a timeshare condominium association,
 2443  that has not been properly disclosed as a conflict of interest
 2444  or potential conflict of interest as required by this section or
 2445  s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
 2446  the filing of a written notice terminating the contract with the
 2447  board of directors which contains the consent of at least 20
 2448  percent of the voting interests of the association.
 2449         Section 21. Subsection (5) of section 718.303, Florida
 2450  Statutes, is amended to read:
 2451         718.303 Obligations of owners and occupants; remedies.—
 2452         (5) An association may suspend the voting rights of a unit
 2453  owner or member due to nonpayment of any fee, fine, or other
 2454  monetary obligation due to the association which is more than
 2455  $1,000 and more than 90 days delinquent. Proof of such
 2456  obligation must be provided to the unit owner or member 30 days
 2457  before such suspension takes effect. At least 90 days before an
 2458  election, an association must notify a unit owner or member that
 2459  his or her voting rights may be suspended due to a nonpayment of
 2460  a fee or other monetary obligation. A voting interest or consent
 2461  right allocated to a unit owner or member which has been
 2462  suspended by the association shall be subtracted from the total
 2463  number of voting interests in the association, which shall be
 2464  reduced by the number of suspended voting interests when
 2465  calculating the total percentage or number of all voting
 2466  interests available to take or approve any action, and the
 2467  suspended voting interests shall not be considered for any
 2468  purpose, including, but not limited to, the percentage or number
 2469  of voting interests necessary to constitute a quorum, the
 2470  percentage or number of voting interests required to conduct an
 2471  election, or the percentage or number of voting interests
 2472  required to approve an action under this chapter or pursuant to
 2473  the declaration, articles of incorporation, or bylaws. The
 2474  suspension ends upon full payment of all obligations currently
 2475  due or overdue the association. The notice and hearing
 2476  requirements under subsection (3) do not apply to a suspension
 2477  imposed under this subsection.
 2478         Section 22. Effective October 1, 2024, section 718.407,
 2479  Florida Statutes, is created to read:
 2480         718.407Condominiums created within a portion of a building
 2481  or within a multiple parcel building.—
 2482         (1)Notwithstanding s. 718.103(12) or s. 718.108(1), a
 2483  condominium may be created within a portion of a building or
 2484  within a multiple parcel building, as defined in s. 193.0237(1),
 2485  as provided in this section.
 2486         (2)Notwithstanding s. 718.103(12) or s. 718.108(1), the
 2487  common elements of a condominium created within a portion of a
 2488  building or a multiple parcel building are only those portions
 2489  of the building submitted to the condominium form of ownership,
 2490  excluding the units of such condominium.
 2491         (3)The declaration of condominium that creates a
 2492  condominium within a portion of a building or within a multiple
 2493  parcel building, the recorded instrument that creates the
 2494  multiple parcel building, or any other recorded instrument
 2495  applicable under this section must specify all of the following:
 2496         (a)The portions of the building which are included in the
 2497  condominium and the portions of the building which are excluded.
 2498         (b)The party responsible for maintaining and operating
 2499  those portions of the building which are shared facilities, and
 2500  which may include, among other things, the roof, the exterior of
 2501  the building, windows, balconies, elevators, the building lobby,
 2502  corridors, recreational amenities, and utilities.
 2503         (c)1.The manner in which the expenses for the maintenance
 2504  and operation of the shared facilities will be apportioned. An
 2505  owner of a portion of a building which is not submitted to the
 2506  condominium form of ownership, or the condominium association,
 2507  as applicable to the portion of the building submitted to the
 2508  condominium form of ownership, must approve any increase in the
 2509  apportionment of expenses to such portion of the building. The
 2510  apportionment of the expenses for the maintenance and operation
 2511  of the shared facilities may be based on any of the following
 2512  criteria or any combination thereof:
 2513         a.The area or volume of each portion of the building in
 2514  relation to the total area or volume of the entire building,
 2515  exclusive of the shared facilities.
 2516         b.The initial estimated market value of each portion of
 2517  the building in comparison to the total initial estimated market
 2518  value of the entire building.
 2519         c.The extent to which the owners are permitted to use
 2520  various shared facilities.
 2521         2.This paragraph does not preclude an alternative
 2522  apportionment of expenses, provided that the apportionment is
 2523  stated in the declaration of condominium that creates a
 2524  condominium within a portion of a building or within a multiple
 2525  parcel building, the recorded instrument that creates the
 2526  multiple parcel building, or any other recorded instrument
 2527  applicable under this section.
 2528         (d)The party responsible for collecting the shared
 2529  expenses.
 2530         (e)The rights and remedies that are available to enforce
 2531  payment of the shared expenses.
 2532         (4)The association of a condominium subject to this
 2533  section has the right to inspect and copy the books and records
 2534  upon which the costs for maintaining and operating the shared
 2535  facilities are based and to receive an annual budget with
 2536  respect to such costs.
 2537         (5)Each contract for the sale of a unit in a condominium
 2538  subject to this section must contain, in conspicuous type, a
 2539  clause that substantially states:
 2540  
 2541                         DISCLOSURE SUMMARY                        
 2542         THE CONDOMINIUM IN WHICH YOUR UNIT IS LOCATED IS
 2543         CREATED WITHIN A PORTION OF A BUILDING OR WITHIN A
 2544         MULTIPLE PARCEL BUILDING. THE COMMON ELEMENTS OF THE
 2545         CONDOMINIUM CONSIST ONLY OF THE PORTIONS OF THE
 2546         BUILDING SUBMITTED TO THE CONDOMINIUM.
 2547  
 2548                         BUYER ACKNOWLEDGES:                       
 2549         1) THE CONDOMINIUM MAY HAVE MINIMAL COMMON ELEMENTS.
 2550  
 2551         2) PORTIONS OF THE BUILDING THAT ARE NOT INCLUDED IN
 2552         THE CONDOMINIUM ARE (OR WILL BE) GOVERNED BY A
 2553         SEPARATE RECORDED INSTRUMENT. SUCH INSTRUMENT CONTAINS
 2554         IMPORTANT PROVISIONS AND RIGHTS AND IS (OR WILL BE)
 2555         AVAILABLE IN PUBLIC RECORDS.
 2556  
 2557         3) THE PARTY THAT CONTROLS THE MAINTENANCE AND
 2558         OPERATION OF THE PORTIONS OF THE BUILDING THAT ARE NOT
 2559         INCLUDED IN THE CONDOMINIUM DETERMINES THE BUDGET FOR
 2560         THE OPERATION AND MAINTENANCE OF SUCH PORTIONS;
 2561         HOWEVER, THE ASSOCIATION AND UNIT OWNERS ARE STILL
 2562         RESPONSIBLE FOR THEIR SHARE OF SUCH EXPENSES.
 2563  
 2564         4) THE ALLOCATION BETWEEN THE OWNERS OF THE COSTS TO
 2565         MAINTAIN AND OPERATE THE BUILDING CAN BE FOUND IN THE
 2566         DECLARATION OF CONDOMINIUM OR OTHER RECORDED
 2567         INSTRUMENT.
 2568  
 2569         (6)The creation of a multiple parcel building is not a
 2570  subdivision of the land upon which such building is situated,
 2571  provided that the land itself is not subdivided.
 2572         Section 23. Subsections (1) and (2) of section 718.501,
 2573  Florida Statutes, are amended to read:
 2574         718.501 Authority, responsibility, and duties of Division
 2575  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2576         (1)(a) The division may enforce and ensure compliance with
 2577  this chapter and rules relating to the development,
 2578  construction, sale, lease, ownership, operation, and management
 2579  of residential condominium units and complaints related to the
 2580  procedural completion of milestone inspections under s. 553.899.
 2581  In performing its duties, the division has complete jurisdiction
 2582  to investigate complaints and enforce compliance with respect to
 2583  associations that are still under developer control or the
 2584  control of a bulk assignee or bulk buyer pursuant to part VII of
 2585  this chapter and complaints against developers, bulk assignees,
 2586  or bulk buyers involving improper turnover or failure to
 2587  turnover, pursuant to s. 718.301. However, after turnover has
 2588  occurred, the division has jurisdiction to investigate
 2589  complaints related only to:
 2590         1. Procedures and records related to financial issues,
 2591  elections, and including annual financial reporting under s.
 2592  718.111(13); assessments for common expenses, fines, and
 2593  commingling of reserve and operating funds under in s.
 2594  718.111(14); use of debit cards for other than intended purposes
 2595  under s. 718.111(15); the annual operating budget and the
 2596  allocation of reserve funds under s. 718.112(2)(f); which
 2597  financial records under s. 718.111(12)(a)11; and any other
 2598  record necessary to determine the revenues and expenses of the
 2599  association;
 2600         2. Elections, including election and voting requirements
 2601  under s. 718.112(2)(b) and (d), recall of board members under
 2602  718.112(2)(l), electronic voting under s. 718.128, and elections
 2603  that occur during an emergency under s. 718.1265(1)(a);
 2604         3. The maintenance of and unit owner access to association
 2605  records under s. 718.111(12), allegations of criminal violations
 2606  under this chapter, the removal of a director or an officer
 2607  under s. 718.112(2)(q); and
 2608         4. The procedural aspects of meetings, such as unit owner
 2609  meetings, quorums, voting requirements, proxies, board of
 2610  administration meetings, and budget meetings under s.
 2611  718.112(2);
 2612         5. Disclosure of conflicts of interest under s.
 2613  718.111(1)(a) and s. 718.3027, including limitations contained
 2614  in s. 718.111(3)(f);
 2615         6. Removal of a board director or officer under s.
 2616  718.111(1)(a) and (15), and s. 718.112(2)(p) and (q);
 2617         7. The procedural completion of structural integrity
 2618  reserve studies under s. 718.112(2)(g); and
 2619         8. Any written inquiries by unit owners to the association
 2620  relating to such matters, including written inquiries under s.
 2621  718.112(2)(a)2.
 2622         (b)(a)1. The division may make necessary public or private
 2623  investigations within or outside this state to determine whether
 2624  any person has violated this chapter or any rule or order
 2625  hereunder, to aid in the enforcement of this chapter, or to aid
 2626  in the adoption of rules or forms.
 2627         2. The division may submit any official written report,
 2628  worksheet, or other related paper, or a duly certified copy
 2629  thereof, compiled, prepared, drafted, or otherwise made by and
 2630  duly authenticated by a financial examiner or analyst to be
 2631  admitted as competent evidence in any hearing in which the
 2632  financial examiner or analyst is available for cross-examination
 2633  and attests under oath that such documents were prepared as a
 2634  result of an examination or inspection conducted pursuant to
 2635  this chapter.
 2636         (c)(b) The division may require or permit any person to
 2637  file a statement in writing, under oath or otherwise, as the
 2638  division determines, as to the facts and circumstances
 2639  concerning a matter to be investigated.
 2640         (d)(c) For the purpose of any investigation under this
 2641  chapter, the division director or any officer or employee
 2642  designated by the division director may administer oaths or
 2643  affirmations, subpoena witnesses and compel their attendance,
 2644  take evidence, and require the production of any matter which is
 2645  relevant to the investigation, including the existence,
 2646  description, nature, custody, condition, and location of any
 2647  books, documents, or other tangible things and the identity and
 2648  location of persons having knowledge of relevant facts or any
 2649  other matter reasonably calculated to lead to the discovery of
 2650  material evidence. Upon the failure by a person to obey a
 2651  subpoena or to answer questions propounded by the investigating
 2652  officer and upon reasonable notice to all affected persons, the
 2653  division may apply to the circuit court for an order compelling
 2654  compliance.
 2655         (e)(d) Notwithstanding any remedies available to unit
 2656  owners and associations, if the division has reasonable cause to
 2657  believe that a violation of any provision of this chapter or
 2658  related rule has occurred, the division may institute
 2659  enforcement proceedings in its own name against any developer,
 2660  bulk assignee, bulk buyer, association, officer, or member of
 2661  the board of administration, or its assignees or agents, as
 2662  follows:
 2663         1. The division may permit a person whose conduct or
 2664  actions may be under investigation to waive formal proceedings
 2665  and enter into a consent proceeding whereby orders, rules, or
 2666  letters of censure or warning, whether formal or informal, may
 2667  be entered against the person.
 2668         2. The division may issue an order requiring the developer,
 2669  bulk assignee, bulk buyer, association, developer-designated
 2670  officer, or developer-designated member of the board of
 2671  administration, developer-designated assignees or agents, bulk
 2672  assignee-designated assignees or agents, bulk buyer-designated
 2673  assignees or agents, community association manager, or community
 2674  association management firm to cease and desist from the
 2675  unlawful practice and take such affirmative action as in the
 2676  judgment of the division carry out the purposes of this chapter.
 2677  If the division finds that a developer, bulk assignee, bulk
 2678  buyer, association, officer, or member of the board of
 2679  administration, or its assignees or agents, is violating or is
 2680  about to violate any provision of this chapter, any rule adopted
 2681  or order issued by the division, or any written agreement
 2682  entered into with the division, and presents an immediate danger
 2683  to the public requiring an immediate final order, it may issue
 2684  an emergency cease and desist order reciting with particularity
 2685  the facts underlying such findings. The emergency cease and
 2686  desist order is effective for 90 days. If the division begins
 2687  nonemergency cease and desist proceedings, the emergency cease
 2688  and desist order remains effective until the conclusion of the
 2689  proceedings under ss. 120.569 and 120.57.
 2690         3. If a developer, bulk assignee, or bulk buyer fails to
 2691  pay any restitution determined by the division to be owed, plus
 2692  any accrued interest at the highest rate permitted by law,
 2693  within 30 days after expiration of any appellate time period of
 2694  a final order requiring payment of restitution or the conclusion
 2695  of any appeal thereof, whichever is later, the division must
 2696  bring an action in circuit or county court on behalf of any
 2697  association, class of unit owners, lessees, or purchasers for
 2698  restitution, declaratory relief, injunctive relief, or any other
 2699  available remedy. The division may also temporarily revoke its
 2700  acceptance of the filing for the developer to which the
 2701  restitution relates until payment of restitution is made.
 2702         4. The division may petition the court for appointment of a
 2703  receiver or conservator. If appointed, the receiver or
 2704  conservator may take action to implement the court order to
 2705  ensure the performance of the order and to remedy any breach
 2706  thereof. In addition to all other means provided by law for the
 2707  enforcement of an injunction or temporary restraining order, the
 2708  circuit court may impound or sequester the property of a party
 2709  defendant, including books, papers, documents, and related
 2710  records, and allow the examination and use of the property by
 2711  the division and a court-appointed receiver or conservator.
 2712         5. The division may apply to the circuit court for an order
 2713  of restitution whereby the defendant in an action brought under
 2714  subparagraph 4. is ordered to make restitution of those sums
 2715  shown by the division to have been obtained by the defendant in
 2716  violation of this chapter. At the option of the court, such
 2717  restitution is payable to the conservator or receiver appointed
 2718  under subparagraph 4. or directly to the persons whose funds or
 2719  assets were obtained in violation of this chapter.
 2720         6. The division may impose a civil penalty against a
 2721  developer, bulk assignee, or bulk buyer, or association, or its
 2722  assignee or agent, for any violation of this chapter, or related
 2723  rule, or chapter 617. The division may impose a civil penalty
 2724  individually against an officer or board member who willfully
 2725  and knowingly violates this chapter, an adopted rule, or a final
 2726  order of the division; may order the removal of such individual
 2727  as an officer or from the board of administration or as an
 2728  officer of the association; and may prohibit such individual
 2729  from serving as an officer or on the board of a community
 2730  association for a period of time. The term “willfully and
 2731  knowingly” means that the division informed the officer or board
 2732  member that his or her action or intended action violates this
 2733  chapter, a rule adopted under this chapter, or a final order of
 2734  the division and that the officer or board member refused to
 2735  comply with the requirements of this chapter, a rule adopted
 2736  under this chapter, or a final order of the division. The
 2737  division, before initiating formal agency action under chapter
 2738  120, must afford the officer or board member an opportunity to
 2739  voluntarily comply, and an officer or board member who complies
 2740  within 10 days is not subject to a civil penalty. A penalty may
 2741  be imposed on the basis of each day of continuing violation, but
 2742  the penalty for any offense may not exceed $5,000. The division
 2743  shall adopt, by rule, penalty guidelines applicable to possible
 2744  violations or to categories of violations of this chapter or
 2745  rules adopted by the division. The guidelines must specify a
 2746  meaningful range of civil penalties for each such violation of
 2747  the statute and rules and must be based upon the harm caused by
 2748  the violation, upon the repetition of the violation, and upon
 2749  such other factors deemed relevant by the division. For example,
 2750  the division may consider whether the violations were committed
 2751  by a developer, bulk assignee, or bulk buyer, or owner
 2752  controlled association, the size of the association, and other
 2753  factors. The guidelines must designate the possible mitigating
 2754  or aggravating circumstances that justify a departure from the
 2755  range of penalties provided by the rules. It is the legislative
 2756  intent that minor violations be distinguished from those which
 2757  endanger the health, safety, or welfare of the condominium
 2758  residents or other persons and that such guidelines provide
 2759  reasonable and meaningful notice to the public of likely
 2760  penalties that may be imposed for proscribed conduct. This
 2761  subsection does not limit the ability of the division to
 2762  informally dispose of administrative actions or complaints by
 2763  stipulation, agreed settlement, or consent order. All amounts
 2764  collected shall be deposited with the Chief Financial Officer to
 2765  the credit of the Division of Florida Condominiums, Timeshares,
 2766  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2767  bulk buyer fails to pay the civil penalty and the amount deemed
 2768  to be owed to the association, the division shall issue an order
 2769  directing that such developer, bulk assignee, or bulk buyer
 2770  cease and desist from further operation until such time as the
 2771  civil penalty is paid or may pursue enforcement of the penalty
 2772  in a court of competent jurisdiction. If an association fails to
 2773  pay the civil penalty, the division shall pursue enforcement in
 2774  a court of competent jurisdiction, and the order imposing the
 2775  civil penalty or the cease and desist order is not effective
 2776  until 20 days after the date of such order. Any action commenced
 2777  by the division shall be brought in the county in which the
 2778  division has its executive offices or in the county where the
 2779  violation occurred.
 2780         7. If a unit owner presents the division with proof that
 2781  the unit owner has requested access to official records in
 2782  writing by certified mail, and that after 10 days the unit owner
 2783  again made the same request for access to official records in
 2784  writing by certified mail, and that more than 10 days has
 2785  elapsed since the second request and the association has still
 2786  failed or refused to provide access to official records as
 2787  required by this chapter, the division shall issue a subpoena
 2788  requiring production of the requested records where the records
 2789  are kept pursuant to s. 718.112. Upon receipt of the records,
 2790  the division shall provide without charge the produced official
 2791  records to the unit owner who was denied access to such records.
 2792         8. In addition to subparagraph 6., the division may seek
 2793  the imposition of a civil penalty through the circuit court for
 2794  any violation for which the division may issue a notice to show
 2795  cause under paragraph (s) (r). The civil penalty shall be at
 2796  least $500 but no more than $5,000 for each violation. The court
 2797  may also award to the prevailing party court costs and
 2798  reasonable attorney fees and, if the division prevails, may also
 2799  award reasonable costs of investigation.
 2800         9. The division may issue citations and adopt rules to
 2801  provide for citation bases and citation procedures in accordance
 2802  with this section.
 2803         (f)(e) The division may prepare and disseminate a
 2804  prospectus and other information to assist prospective owners,
 2805  purchasers, lessees, and developers of residential condominiums
 2806  in assessing the rights, privileges, and duties pertaining
 2807  thereto.
 2808         (g)(f) The division may adopt rules to administer and
 2809  enforce this chapter.
 2810         (h)(g) The division shall establish procedures for
 2811  providing notice to an association and the developer, bulk
 2812  assignee, or bulk buyer during the period in which the
 2813  developer, bulk assignee, or bulk buyer controls the association
 2814  if the division is considering the issuance of a declaratory
 2815  statement with respect to the declaration of condominium or any
 2816  related document governing such condominium community.
 2817         (i)(h) The division shall furnish each association that
 2818  pays the fees required by paragraph (2)(a) a copy of this
 2819  chapter, as amended, and the rules adopted thereto on an annual
 2820  basis.
 2821         (j)(i) The division shall annually provide each association
 2822  with a summary of declaratory statements and formal legal
 2823  opinions relating to the operations of condominiums which were
 2824  rendered by the division during the previous year.
 2825         (k)(j) The division shall provide training and educational
 2826  programs for condominium association board members and unit
 2827  owners. The training may, in the division’s discretion, include
 2828  web-based electronic media and live training and seminars in
 2829  various locations throughout the state. The division may review
 2830  and approve education and training programs for board members
 2831  and unit owners offered by providers and shall maintain a
 2832  current list of approved programs and providers and make such
 2833  list available to board members and unit owners in a reasonable
 2834  and cost-effective manner. The division shall provide the
 2835  division-approved provider with the template certificate for
 2836  issuance directly to the association board of directors members
 2837  who have satisfactorily completed the requirements under s.
 2838  718.112(2)(d). The division may adopt rules to implement this
 2839  section.
 2840         (l)(k) The division shall maintain a toll-free telephone
 2841  number accessible to condominium unit owners.
 2842         (m)(l) The division shall develop a program to certify both
 2843  volunteer and paid mediators to provide mediation of condominium
 2844  disputes. The division shall provide, upon request, a list of
 2845  such mediators to any association, unit owner, or other
 2846  participant in alternative dispute resolution proceedings under
 2847  s. 718.1255 requesting a copy of the list. The division shall
 2848  include on the list of volunteer mediators only the names of
 2849  persons who have received at least 20 hours of training in
 2850  mediation techniques or who have mediated at least 20 disputes.
 2851  In order to become initially certified by the division, paid
 2852  mediators must be certified by the Supreme Court to mediate
 2853  court cases in county or circuit courts. However, the division
 2854  may adopt, by rule, additional factors for the certification of
 2855  paid mediators, which must be related to experience, education,
 2856  or background. Any person initially certified as a paid mediator
 2857  by the division must, in order to continue to be certified,
 2858  comply with the factors or requirements adopted by rule.
 2859         (n)(m) If a complaint is made, the division must conduct
 2860  its inquiry with due regard for the interests of the affected
 2861  parties. Within 30 days after receipt of a complaint, the
 2862  division shall acknowledge the complaint in writing and notify
 2863  the complainant whether the complaint is within the jurisdiction
 2864  of the division and whether additional information is needed by
 2865  the division from the complainant. The division shall conduct
 2866  its investigation and, within 90 days after receipt of the
 2867  original complaint or of timely requested additional
 2868  information, take action upon the complaint. However, the
 2869  failure to complete the investigation within 90 days does not
 2870  prevent the division from continuing the investigation,
 2871  accepting or considering evidence obtained or received after 90
 2872  days, or taking administrative action if reasonable cause exists
 2873  to believe that a violation of this chapter or a rule has
 2874  occurred. If an investigation is not completed within the time
 2875  limits established in this paragraph, the division shall, on a
 2876  monthly basis, notify the complainant in writing of the status
 2877  of the investigation. When reporting its action to the
 2878  complainant, the division shall inform the complainant of any
 2879  right to a hearing under ss. 120.569 and 120.57. The division
 2880  may adopt rules regarding the submission of a complaint against
 2881  an association.
 2882         (o)(n) Condominium association directors, officers, and
 2883  employees; condominium developers; bulk assignees, bulk buyers,
 2884  and community association managers; and community association
 2885  management firms have an ongoing duty to reasonably cooperate
 2886  with the division in any investigation under this section. The
 2887  division shall refer to local law enforcement authorities any
 2888  person whom the division believes has altered, destroyed,
 2889  concealed, or removed any record, document, or thing required to
 2890  be kept or maintained by this chapter with the purpose to impair
 2891  its verity or availability in the department’s investigation.
 2892  The division shall refer to local law enforcement authorities
 2893  any person whom the division believes has engaged in fraud,
 2894  theft, embezzlement, or other criminal activity or when the
 2895  division has cause to believe that fraud, theft, embezzlement,
 2896  or other criminal activity has occurred.
 2897         (p)(o)The division director or any officer or employee of
 2898  the division, and the condominium ombudsman or an employee of
 2899  the Office of the Condominium Ombudsman, may attend and observe
 2900  any meeting of the board of administration or unit owner
 2901  meeting, including any meeting of a subcommittee or special
 2902  committee, that is open to members of the association for the
 2903  purpose of performing the duties of the division or the Office
 2904  of the Condominium Ombudsman under this chapter.
 2905         (q) The division may:
 2906         1. Contract with agencies in this state or other
 2907  jurisdictions to perform investigative functions; or
 2908         2. Accept grants-in-aid from any source.
 2909         (r)(p) The division shall cooperate with similar agencies
 2910  in other jurisdictions to establish uniform filing procedures
 2911  and forms, public offering statements, advertising standards,
 2912  and rules and common administrative practices.
 2913         (s)(q) The division shall consider notice to a developer,
 2914  bulk assignee, or bulk buyer to be complete when it is delivered
 2915  to the address of the developer, bulk assignee, or bulk buyer
 2916  currently on file with the division.
 2917         (t)(r) In addition to its enforcement authority, the
 2918  division may issue a notice to show cause, which must provide
 2919  for a hearing, upon written request, in accordance with chapter
 2920  120.
 2921         (u) If the division receives a complaint regarding access
 2922  to official records on the association website under s.
 2923  718.111(12)(g), the division may request access to the
 2924  association website and investigate the complaint. The division
 2925  may adopt rules to carry out this provision.
 2926         (v)(s) The division shall submit to the Governor, the
 2927  President of the Senate, the Speaker of the House of
 2928  Representatives, and the chairs of the legislative
 2929  appropriations committees an annual report that includes, but
 2930  need not be limited to, the number of training programs provided
 2931  for condominium association board members and unit owners, the
 2932  number of complaints received by type, the number and percent of
 2933  complaints acknowledged in writing within 30 days and the number
 2934  and percent of investigations acted upon within 90 days in
 2935  accordance with paragraph (m), and the number of investigations
 2936  exceeding the 90-day requirement. The annual report must also
 2937  include an evaluation of the division’s core business processes
 2938  and make recommendations for improvements, including statutory
 2939  changes. After December 31, 2024, the division must include the
 2940  uniform resource locator for the Internet address to the list of
 2941  the associations that have completed their structural reserve
 2942  study under section 718.112(2)(g). The report shall be submitted
 2943  by September 30 following the end of the fiscal year.
 2944         (2)(a) Each condominium association which operates more
 2945  than two units shall pay to the division an annual fee in the
 2946  amount of $4 for each residential unit in condominiums operated
 2947  by the association. If the fee is not paid by March 1, the
 2948  association shall be assessed a penalty of 10 percent of the
 2949  amount due, and the association will not have standing to
 2950  maintain or defend any action in the courts of this state until
 2951  the amount due, plus any penalty, is paid.
 2952         (b) All fees shall be deposited in the Division of Florida
 2953  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 2954  provided by law.
 2955         (c) On the certification form provided by the division, the
 2956  directors of the association shall certify that each director of
 2957  the association has completed the written certification and
 2958  educational certificate requirements in s. 718.112(2)(d)4.b.
 2959  This certification requirement does not apply to the directors
 2960  of an association governing a timeshare condominium.
 2961         Section 24. Subsection (2) of section 718.5011, Florida
 2962  Statutes, is amended to read:
 2963         718.5011 Ombudsman; appointment; administration.—
 2964         (2) The secretary of the Department of Business and
 2965  Professional Regulation Governor shall appoint the ombudsman,
 2966  who. The ombudsman must be an attorney admitted to practice
 2967  before the Florida Supreme Court and shall serve at the pleasure
 2968  of the secretary Governor. A vacancy in the office shall be
 2969  filled in the same manner as the original appointment. An
 2970  officer or full-time employee of the ombudsman’s office may not
 2971  actively engage in any other business or profession that
 2972  directly or indirectly relates to or conflicts with his or her
 2973  work in the ombudsman’s office; serve as the representative of
 2974  any political party, executive committee, or other governing
 2975  body of a political party; serve as an executive, officer, or
 2976  employee of a political party; receive remuneration for
 2977  activities on behalf of any candidate for public office; or
 2978  engage in soliciting votes or other activities on behalf of a
 2979  candidate for public office. The ombudsman or any employee of
 2980  his or her office may not become a candidate for election to
 2981  public office unless he or she first resigns from his or her
 2982  office or employment.
 2983         Section 25. Effective October 1, 2024, paragraph (a) of
 2984  subsection (2) and subsection (3) of section 718.503, Florida
 2985  Statutes, are amended to read:
 2986         718.503 Developer disclosure prior to sale; nondeveloper
 2987  unit owner disclosure prior to sale; voidability.—
 2988         (2) NONDEVELOPER DISCLOSURE.—
 2989         (a) Each unit owner who is not a developer as defined by
 2990  this chapter must comply with this subsection before the sale of
 2991  his or her unit. Each prospective purchaser who has entered into
 2992  a contract for the purchase of a condominium unit is entitled,
 2993  at the seller’s expense, to a current copy of all of the
 2994  following:
 2995         1. The declaration of condominium.
 2996         2. Articles of incorporation of the association.
 2997         3. Bylaws and rules of the association.
 2998         4. An annual financial statement and an annual budget of
 2999  the condominium association Financial information required by s.
 3000  718.111.
 3001         5. A copy of the inspector-prepared summary of the
 3002  milestone inspection report as described in s. 553.899, if
 3003  applicable.
 3004         6. The association’s most recent structural integrity
 3005  reserve study or a statement that the association has not
 3006  completed a structural integrity reserve study.
 3007         7. A copy of the inspection report described in s.
 3008  718.301(4)(p) and (q) for a turnover inspection performed on or
 3009  after July 1, 2023.
 3010         8. The document entitled “Frequently Asked Questions and
 3011  Answers” required by s. 718.504.
 3012         (3) OTHER DISCLOSURES DISCLOSURE.—
 3013         (a) If residential condominium parcels are offered for sale
 3014  or lease prior to completion of construction of the units and of
 3015  improvements to the common elements, or prior to completion of
 3016  remodeling of previously occupied buildings, the developer must
 3017  shall make available to each prospective purchaser or lessee,
 3018  for his or her inspection at a place convenient to the site, a
 3019  copy of the complete plans and specifications for the
 3020  construction or remodeling of the unit offered to him or her and
 3021  of the improvements to the common elements appurtenant to the
 3022  unit.
 3023         (b) Sales brochures, if any, must shall be provided to each
 3024  purchaser, and the following caveat in conspicuous type must
 3025  shall be placed on the inside front cover or on the first page
 3026  containing text material of the sales brochure, or otherwise
 3027  conspicuously displayed: ORAL REPRESENTATIONS CANNOT BE RELIED
 3028  UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. FOR
 3029  CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO
 3030  THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO
 3031  BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE. If timeshare
 3032  estates have been or may be created with respect to any unit in
 3033  the condominium, the sales brochure must shall contain the
 3034  following statement in conspicuous type: UNITS IN THIS
 3035  CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.
 3036         (c)If a unit is located within a condominium that is
 3037  created within a portion of a building or within a multiple
 3038  parcel building, the developer or nondeveloper unit owner must
 3039  provide the disclosures required by s. 718.407(5).
 3040         Section 26. Effective October 1, 2024, section 718.504,
 3041  Florida Statutes, is amended to read:
 3042         718.504 Prospectus or offering circular.—Every developer of
 3043  a residential condominium which contains more than 20
 3044  residential units, or which is part of a group of residential
 3045  condominiums which will be served by property to be used in
 3046  common by unit owners of more than 20 residential units, shall
 3047  prepare a prospectus or offering circular and file it with the
 3048  Division of Florida Condominiums, Timeshares, and Mobile Homes
 3049  prior to entering into an enforceable contract of purchase and
 3050  sale of any unit or lease of a unit for more than 5 years and
 3051  shall furnish a copy of the prospectus or offering circular to
 3052  each buyer. In addition to the prospectus or offering circular,
 3053  each buyer shall be furnished a separate page entitled
 3054  “Frequently Asked Questions and Answers,” which shall be in
 3055  accordance with a format approved by the division and a copy of
 3056  the financial information required by s. 718.111. This page
 3057  shall, in readable language, inform prospective purchasers
 3058  regarding their voting rights and unit use restrictions,
 3059  including restrictions on the leasing of a unit; shall indicate
 3060  whether and in what amount the unit owners or the association is
 3061  obligated to pay rent or land use fees for recreational or other
 3062  commonly used facilities; shall contain a statement identifying
 3063  that amount of assessment which, pursuant to the budget, would
 3064  be levied upon each unit type, exclusive of any special
 3065  assessments, and which shall further identify the basis upon
 3066  which assessments are levied, whether monthly, quarterly, or
 3067  otherwise; shall state and identify any court cases in which the
 3068  association is currently a party of record in which the
 3069  association may face liability in excess of $100,000; shall
 3070  state whether the condominium is created within a portion of a
 3071  building or a multiple parcel building; and which shall further
 3072  state whether membership in a recreational facilities
 3073  association is mandatory, and if so, shall identify the fees
 3074  currently charged per unit type. The division shall by rule
 3075  require such other disclosure as in its judgment will assist
 3076  prospective purchasers. The prospectus or offering circular may
 3077  include more than one condominium, although not all such units
 3078  are being offered for sale as of the date of the prospectus or
 3079  offering circular. The prospectus or offering circular must
 3080  contain the following information:
 3081         (1) The front cover or the first page must contain only:
 3082         (a) The name of the condominium.
 3083         (b) The following statements in conspicuous type:
 3084  
 3085         1. THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS
 3086         IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A
 3087         CONDOMINIUM UNIT.
 3088         2. THE STATEMENTS CONTAINED HEREIN ARE ONLY
 3089         SUMMARY IN NATURE. A PROSPECTIVE PURCHASER SHOULD
 3090         REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE
 3091         CONTRACT DOCUMENTS, AND SALES MATERIALS.
 3092         3. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS
 3093         CORRECTLY STATING THE REPRESENTATIONS OF THE
 3094         DEVELOPER. REFER TO THIS PROSPECTUS (OFFERING
 3095         CIRCULAR) AND ITS EXHIBITS FOR CORRECT
 3096         REPRESENTATIONS.
 3097  
 3098         (2) Summary: The next page must contain all statements
 3099  required to be in conspicuous type in the prospectus or offering
 3100  circular.
 3101         (3) A separate index of the contents and exhibits of the
 3102  prospectus.
 3103         (4) Beginning on the first page of the text (not including
 3104  the summary and index), a description of the condominium,
 3105  including, but not limited to, the following information:
 3106         (a) Its name and location.
 3107         (b) A description of the condominium property, including,
 3108  without limitation:
 3109         1. The number of buildings, the number of units in each
 3110  building, the number of bathrooms and bedrooms in each unit, and
 3111  the total number of units, if the condominium is not a phase
 3112  condominium, or the maximum number of buildings that may be
 3113  contained within the condominium, the minimum and maximum
 3114  numbers of units in each building, the minimum and maximum
 3115  numbers of bathrooms and bedrooms that may be contained in each
 3116  unit, and the maximum number of units that may be contained
 3117  within the condominium, if the condominium is a phase
 3118  condominium.
 3119         2. The page in the condominium documents where a copy of
 3120  the plot plan and survey of the condominium is located.
 3121         3. The estimated latest date of completion of constructing,
 3122  finishing, and equipping. In lieu of a date, the description
 3123  shall include a statement that the estimated date of completion
 3124  of the condominium is in the purchase agreement and a reference
 3125  to the article or paragraph containing that information.
 3126         (c) The maximum number of units that will use facilities in
 3127  common with the condominium. If the maximum number of units will
 3128  vary, a description of the basis for variation and the minimum
 3129  amount of dollars per unit to be spent for additional
 3130  recreational facilities or enlargement of such facilities. If
 3131  the addition or enlargement of facilities will result in a
 3132  material increase of a unit owner’s maintenance expense or
 3133  rental expense, if any, the maximum increase and limitations
 3134  thereon shall be stated.
 3135         (5)(a) A statement in conspicuous type describing whether
 3136  the condominium is created and being sold as fee simple
 3137  interests or as leasehold interests. If the condominium is
 3138  created or being sold on a leasehold, the location of the lease
 3139  in the disclosure materials shall be stated.
 3140         (b) If timeshare estates are or may be created with respect
 3141  to any unit in the condominium, a statement in conspicuous type
 3142  stating that timeshare estates are created and being sold in
 3143  units in the condominium.
 3144         (6) A description of the recreational and other commonly
 3145  used facilities that will be used only by unit owners of the
 3146  condominium, including, but not limited to, the following:
 3147         (a) Each room and its intended purposes, location,
 3148  approximate floor area, and capacity in numbers of people.
 3149         (b) Each swimming pool, as to its general location,
 3150  approximate size and depths, approximate deck size and capacity,
 3151  and whether heated.
 3152         (c) Additional facilities, as to the number of each
 3153  facility, its approximate location, approximate size, and
 3154  approximate capacity.
 3155         (d) A general description of the items of personal property
 3156  and the approximate number of each item of personal property
 3157  that the developer is committing to furnish for each room or
 3158  other facility or, in the alternative, a representation as to
 3159  the minimum amount of expenditure that will be made to purchase
 3160  the personal property for the facility.
 3161         (e) The estimated date when each room or other facility
 3162  will be available for use by the unit owners.
 3163         (f)1. An identification of each room or other facility to
 3164  be used by unit owners that will not be owned by the unit owners
 3165  or the association;
 3166         2. A reference to the location in the disclosure materials
 3167  of the lease or other agreements providing for the use of those
 3168  facilities; and
 3169         3. A description of the terms of the lease or other
 3170  agreements, including the length of the term; the rent payable,
 3171  directly or indirectly, by each unit owner, and the total rent
 3172  payable to the lessor, stated in monthly and annual amounts for
 3173  the entire term of the lease; and a description of any option to
 3174  purchase the property leased under any such lease, including the
 3175  time the option may be exercised, the purchase price or how it
 3176  is to be determined, the manner of payment, and whether the
 3177  option may be exercised for a unit owner’s share or only as to
 3178  the entire leased property.
 3179         (g) A statement as to whether the developer may provide
 3180  additional facilities not described above; their general
 3181  locations and types; improvements or changes that may be made;
 3182  the approximate dollar amount to be expended; and the maximum
 3183  additional common expense or cost to the individual unit owners
 3184  that may be charged during the first annual period of operation
 3185  of the modified or added facilities.
 3186  
 3187  Descriptions as to locations, areas, capacities, numbers,
 3188  volumes, or sizes may be stated as approximations or minimums.
 3189         (7) A description of the recreational and other facilities
 3190  that will be used in common with other condominiums, community
 3191  associations, or planned developments which require the payment
 3192  of the maintenance and expenses of such facilities, directly or
 3193  indirectly, by the unit owners. The description shall include,
 3194  but not be limited to, the following:
 3195         (a) Each building and facility committed to be built and a
 3196  summary description of the structural integrity of each building
 3197  for which reserves are required pursuant to s. 718.112(2)(g).
 3198         (b) Facilities not committed to be built except under
 3199  certain conditions, and a statement of those conditions or
 3200  contingencies.
 3201         (c) As to each facility committed to be built, or which
 3202  will be committed to be built upon the happening of one of the
 3203  conditions in paragraph (b), a statement of whether it will be
 3204  owned by the unit owners having the use thereof or by an
 3205  association or other entity which will be controlled by them, or
 3206  others, and the location in the exhibits of the lease or other
 3207  document providing for use of those facilities.
 3208         (d) The year in which each facility will be available for
 3209  use by the unit owners or, in the alternative, the maximum
 3210  number of unit owners in the project at the time each of all of
 3211  the facilities is committed to be completed.
 3212         (e) A general description of the items of personal
 3213  property, and the approximate number of each item of personal
 3214  property, that the developer is committing to furnish for each
 3215  room or other facility or, in the alternative, a representation
 3216  as to the minimum amount of expenditure that will be made to
 3217  purchase the personal property for the facility.
 3218         (f) If there are leases, a description thereof, including
 3219  the length of the term, the rent payable, and a description of
 3220  any option to purchase.
 3221  
 3222  Descriptions shall include location, areas, capacities, numbers,
 3223  volumes, or sizes and may be stated as approximations or
 3224  minimums.
 3225         (8) Recreation lease or associated club membership:
 3226         (a) If any recreational facilities or other facilities
 3227  offered by the developer and available to, or to be used by,
 3228  unit owners are to be leased or have club membership associated,
 3229  the following statement in conspicuous type shall be included:
 3230  THERE IS A RECREATIONAL FACILITIES LEASE ASSOCIATED WITH THIS
 3231  CONDOMINIUM; or, THERE IS A CLUB MEMBERSHIP ASSOCIATED WITH THIS
 3232  CONDOMINIUM. There shall be a reference to the location in the
 3233  disclosure materials where the recreation lease or club
 3234  membership is described in detail.
 3235         (b) If it is mandatory that unit owners pay a fee, rent,
 3236  dues, or other charges under a recreational facilities lease or
 3237  club membership for the use of facilities, there shall be in
 3238  conspicuous type the applicable statement:
 3239         1. MEMBERSHIP IN THE RECREATIONAL FACILITIES CLUB IS
 3240  MANDATORY FOR UNIT OWNERS; or
 3241         2. UNIT OWNERS ARE REQUIRED, AS A CONDITION OF OWNERSHIP,
 3242  TO BE LESSEES UNDER THE RECREATIONAL FACILITIES LEASE; or
 3243         3. UNIT OWNERS ARE REQUIRED TO PAY THEIR SHARE OF THE COSTS
 3244  AND EXPENSES OF MAINTENANCE, MANAGEMENT, UPKEEP, REPLACEMENT,
 3245  RENT, AND FEES UNDER THE RECREATIONAL FACILITIES LEASE (OR THE
 3246  OTHER INSTRUMENTS PROVIDING THE FACILITIES); or
 3247         4. A similar statement of the nature of the organization or
 3248  the manner in which the use rights are created, and that unit
 3249  owners are required to pay.
 3250  
 3251  Immediately following the applicable statement, the location in
 3252  the disclosure materials where the development is described in
 3253  detail shall be stated.
 3254         (c) If the developer, or any other person other than the
 3255  unit owners and other persons having use rights in the
 3256  facilities, reserves, or is entitled to receive, any rent, fee,
 3257  or other payment for the use of the facilities, then there shall
 3258  be the following statement in conspicuous type: THE UNIT OWNERS
 3259  OR THE ASSOCIATION(S) MUST PAY RENT OR LAND USE FEES FOR
 3260  RECREATIONAL OR OTHER COMMONLY USED FACILITIES. Immediately
 3261  following this statement, the location in the disclosure
 3262  materials where the rent or land use fees are described in
 3263  detail shall be stated.
 3264         (d) If, in any recreation format, whether leasehold, club,
 3265  or other, any person other than the association has the right to
 3266  a lien on the units to secure the payment of assessments, rent,
 3267  or other exactions, there shall appear a statement in
 3268  conspicuous type in substantially the following form:
 3269  
 3270         1. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH
 3271         UNIT TO SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS
 3272         UNDER THE RECREATION LEASE. THE UNIT OWNER’S FAILURE
 3273         TO MAKE THESE PAYMENTS MAY RESULT IN FORECLOSURE OF
 3274         THE LIEN; or
 3275         2. THERE IS A LIEN OR LIEN RIGHT AGAINST EACH
 3276         UNIT TO SECURE THE PAYMENT OF ASSESSMENTS OR OTHER
 3277         EXACTIONS COMING DUE FOR THE USE, MAINTENANCE, UPKEEP,
 3278         OR REPAIR OF THE RECREATIONAL OR COMMONLY USED
 3279         FACILITIES. THE UNIT OWNER’S FAILURE TO MAKE THESE
 3280         PAYMENTS MAY RESULT IN FORECLOSURE OF THE LIEN.
 3281  
 3282  Immediately following the applicable statement, the location in
 3283  the disclosure materials where the lien or lien right is
 3284  described in detail shall be stated.
 3285         (9) If the developer or any other person has the right to
 3286  increase or add to the recreational facilities at any time after
 3287  the establishment of the condominium whose unit owners have use
 3288  rights therein, without the consent of the unit owners or
 3289  associations being required, there shall appear a statement in
 3290  conspicuous type in substantially the following form:
 3291  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT
 3292  CONSENT OF UNIT OWNERS OR THE ASSOCIATION(S). Immediately
 3293  following this statement, the location in the disclosure
 3294  materials where such reserved rights are described shall be
 3295  stated.
 3296         (10) A statement of whether the developer’s plan includes a
 3297  program of leasing units rather than selling them, or leasing
 3298  units and selling them subject to such leases. If so, there
 3299  shall be a description of the plan, including the number and
 3300  identification of the units and the provisions and term of the
 3301  proposed leases, and a statement in boldfaced type that: THE
 3302  UNITS MAY BE TRANSFERRED SUBJECT TO A LEASE.
 3303         (11) The arrangements for management of the association and
 3304  maintenance and operation of the condominium property and of
 3305  other property that will serve the unit owners of the
 3306  condominium property, and a description of the management
 3307  contract and all other contracts for these purposes having a
 3308  term in excess of 1 year, including the following:
 3309         (a) The names of contracting parties.
 3310         (b) The term of the contract.
 3311         (c) The nature of the services included.
 3312         (d) The compensation, stated on a monthly and annual basis,
 3313  and provisions for increases in the compensation.
 3314         (e) A reference to the volumes and pages of the condominium
 3315  documents and of the exhibits containing copies of such
 3316  contracts.
 3317  
 3318  Copies of all described contracts shall be attached as exhibits.
 3319  If there is a contract for the management of the condominium
 3320  property, then a statement in conspicuous type in substantially
 3321  the following form shall appear, identifying the proposed or
 3322  existing contract manager: THERE IS (IS TO BE) A CONTRACT FOR
 3323  THE MANAGEMENT OF THE CONDOMINIUM PROPERTY WITH (NAME OF THE
 3324  CONTRACT MANAGER). Immediately following this statement, the
 3325  location in the disclosure materials of the contract for
 3326  management of the condominium property shall be stated.
 3327         (12) If the developer or any other person or persons other
 3328  than the unit owners has the right to retain control of the
 3329  board of administration of the association for a period of time
 3330  which can exceed 1 year after the closing of the sale of a
 3331  majority of the units in that condominium to persons other than
 3332  successors or alternate developers, then a statement in
 3333  conspicuous type in substantially the following form shall be
 3334  included: THE DEVELOPER (OR OTHER PERSON) HAS THE RIGHT TO
 3335  RETAIN CONTROL OF THE ASSOCIATION AFTER A MAJORITY OF THE UNITS
 3336  HAVE BEEN SOLD. Immediately following this statement, the
 3337  location in the disclosure materials where this right to control
 3338  is described in detail shall be stated.
 3339         (13) If there are any restrictions upon the sale, transfer,
 3340  conveyance, or leasing of a unit, then a statement in
 3341  conspicuous type in substantially the following form shall be
 3342  included: THE SALE, LEASE, OR TRANSFER OF UNITS IS RESTRICTED
 3343  OR CONTROLLED. Immediately following this statement, the
 3344  location in the disclosure materials where the restriction,
 3345  limitation, or control on the sale, lease, or transfer of units
 3346  is described in detail shall be stated.
 3347         (14) If the condominium is part of a phase project, the
 3348  following information shall be stated:
 3349         (a) A statement in conspicuous type in substantially the
 3350  following form: THIS IS A PHASE CONDOMINIUM. ADDITIONAL LAND
 3351  AND UNITS MAY BE ADDED TO THIS CONDOMINIUM. Immediately
 3352  following this statement, the location in the disclosure
 3353  materials where the phasing is described shall be stated.
 3354         (b) A summary of the provisions of the declaration which
 3355  provide for the phasing.
 3356         (c) A statement as to whether or not residential buildings
 3357  and units which are added to the condominium may be
 3358  substantially different from the residential buildings and units
 3359  originally in the condominium. If the added residential
 3360  buildings and units may be substantially different, there shall
 3361  be a general description of the extent to which such added
 3362  residential buildings and units may differ, and a statement in
 3363  conspicuous type in substantially the following form shall be
 3364  included: BUILDINGS AND UNITS WHICH ARE ADDED TO THE
 3365  CONDOMINIUM MAY BE SUBSTANTIALLY DIFFERENT FROM THE OTHER
 3366  BUILDINGS AND UNITS IN THE CONDOMINIUM. Immediately following
 3367  this statement, the location in the disclosure materials where
 3368  the extent to which added residential buildings and units may
 3369  substantially differ is described shall be stated.
 3370         (d) A statement of the maximum number of buildings
 3371  containing units, the maximum and minimum numbers of units in
 3372  each building, the maximum number of units, and the minimum and
 3373  maximum square footage of the units that may be contained within
 3374  each parcel of land which may be added to the condominium.
 3375         (15) If a condominium created on or after July 1, 2000, is
 3376  or may become part of a multicondominium, the following
 3377  information must be provided:
 3378         (a) A statement in conspicuous type in substantially the
 3379  following form: THIS CONDOMINIUM IS (MAY BE) PART OF A
 3380  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL
 3381  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately
 3382  following this statement, the location in the prospectus or
 3383  offering circular and its exhibits where the multicondominium
 3384  aspects of the offering are described must be stated.
 3385         (b) A summary of the provisions in the declaration,
 3386  articles of incorporation, and bylaws which establish and
 3387  provide for the operation of the multicondominium, including a
 3388  statement as to whether unit owners in the condominium will have
 3389  the right to use recreational or other facilities located or
 3390  planned to be located in other condominiums operated by the same
 3391  association, and the manner of sharing the common expenses
 3392  related to such facilities.
 3393         (c) A statement of the minimum and maximum number of
 3394  condominiums, and the minimum and maximum number of units in
 3395  each of those condominiums, which will or may be operated by the
 3396  association, and the latest date by which the exact number will
 3397  be finally determined.
 3398         (d) A statement as to whether any of the condominiums in
 3399  the multicondominium may include units intended to be used for
 3400  nonresidential purposes and the purpose or purposes permitted
 3401  for such use.
 3402         (e) A general description of the location and approximate
 3403  acreage of any land on which any additional condominiums to be
 3404  operated by the association may be located.
 3405         (16) If the condominium is created by conversion of
 3406  existing improvements, the following information shall be
 3407  stated:
 3408         (a) The information required by s. 718.616.
 3409         (b) A caveat that there are no express warranties unless
 3410  they are stated in writing by the developer.
 3411         (17) A summary of the restrictions, if any, to be imposed
 3412  on units concerning the use of any of the condominium property,
 3413  including statements as to whether there are restrictions upon
 3414  children and pets, and reference to the volumes and pages of the
 3415  condominium documents where such restrictions are found, or if
 3416  such restrictions are contained elsewhere, then a copy of the
 3417  documents containing the restrictions shall be attached as an
 3418  exhibit.
 3419         (18) If there is any land that is offered by the developer
 3420  for use by the unit owners and that is neither owned by them nor
 3421  leased to them, the association, or any entity controlled by
 3422  unit owners and other persons having the use rights to such
 3423  land, a statement shall be made as to how such land will serve
 3424  the condominium. If any part of such land will serve the
 3425  condominium, the statement shall describe the land and the
 3426  nature and term of service, and the declaration or other
 3427  instrument creating such servitude shall be included as an
 3428  exhibit.
 3429         (19) The manner in which utility and other services,
 3430  including, but not limited to, sewage and waste disposal, water
 3431  supply, and storm drainage, will be provided and the person or
 3432  entity furnishing them.
 3433         (20) An explanation of the manner in which the
 3434  apportionment of common expenses and ownership of the common
 3435  elements has been determined.
 3436         (21) An estimated operating budget for the condominium and
 3437  the association, and a schedule of the unit owner’s expenses
 3438  shall be attached as an exhibit and shall contain the following
 3439  information:
 3440         (a) The estimated monthly and annual expenses of the
 3441  condominium and the association that are collected from unit
 3442  owners by assessments.
 3443         (b) The estimated monthly and annual expenses of each unit
 3444  owner for a unit, other than common expenses paid by all unit
 3445  owners, payable by the unit owner to persons or entities other
 3446  than the association, as well as to the association, including
 3447  fees assessed pursuant to s. 718.113(1) for maintenance of
 3448  limited common elements where such costs are shared only by
 3449  those entitled to use the limited common element, and the total
 3450  estimated monthly and annual expense. There may be excluded from
 3451  this estimate expenses which are not provided for or
 3452  contemplated by the condominium documents, including, but not
 3453  limited to, the costs of private telephone; maintenance of the
 3454  interior of condominium units, which is not the obligation of
 3455  the association; maid or janitorial services privately
 3456  contracted for by the unit owners; utility bills billed directly
 3457  to each unit owner for utility services to his or her unit;
 3458  insurance premiums other than those incurred for policies
 3459  obtained by the condominium; and similar personal expenses of
 3460  the unit owner. A unit owner’s estimated payments for
 3461  assessments shall also be stated in the estimated amounts for
 3462  the times when they will be due.
 3463         (c) The estimated items of expenses of the condominium and
 3464  the association, except as excluded under paragraph (b),
 3465  including, but not limited to, the following items, which shall
 3466  be stated as an association expense collectible by assessments
 3467  or as unit owners’ expenses payable to persons other than the
 3468  association:
 3469         1. Expenses for the association and condominium:
 3470         a. Administration of the association.
 3471         b. Management fees.
 3472         c. Maintenance.
 3473         d. Rent for recreational and other commonly used
 3474  facilities.
 3475         e. Taxes upon association property.
 3476         f. Taxes upon leased areas.
 3477         g. Insurance.
 3478         h. Security provisions.
 3479         i. Other expenses.
 3480         j. Operating capital.
 3481         k. Reserves for all applicable items referenced in s.
 3482  718.112(2)(g).
 3483         l. Fees payable to the division.
 3484         2. Expenses for a unit owner:
 3485         a. Rent for the unit, if subject to a lease.
 3486         b. Rent payable by the unit owner directly to the lessor or
 3487  agent under any recreational lease or lease for the use of
 3488  commonly used facilities, which use and payment is a mandatory
 3489  condition of ownership and is not included in the common expense
 3490  or assessments for common maintenance paid by the unit owners to
 3491  the association.
 3492         (d) The following statement in conspicuous type:
 3493  
 3494         THE BUDGET CONTAINED IN THIS OFFERING CIRCULAR HAS
 3495         BEEN PREPARED IN ACCORDANCE WITH THE CONDOMINIUM ACT
 3496         AND IS A GOOD FAITH ESTIMATE ONLY AND REPRESENTS AN
 3497         APPROXIMATION OF FUTURE EXPENSES BASED ON FACTS AND
 3498         CIRCUMSTANCES EXISTING AT THE TIME OF ITS PREPARATION.
 3499         ACTUAL COSTS OF SUCH ITEMS MAY EXCEED THE ESTIMATED
 3500         COSTS. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL
 3501         ADVERSE CHANGES IN THE OFFERING.
 3502  
 3503         (e) Each budget for an association prepared by a developer
 3504  consistent with this subsection shall be prepared in good faith
 3505  and shall reflect accurate estimated amounts for the required
 3506  items in paragraph (c) at the time of the filing of the offering
 3507  circular with the division, and subsequent increased amounts of
 3508  any item included in the association’s estimated budget that are
 3509  beyond the control of the developer shall not be considered an
 3510  amendment that would give rise to rescission rights set forth in
 3511  s. 718.503(1)(a) or (b), nor shall such increases modify, void,
 3512  or otherwise affect any guarantee of the developer contained in
 3513  the offering circular or any purchase contract. It is the intent
 3514  of this paragraph to clarify existing law.
 3515         (f) The estimated amounts shall be stated for a period of
 3516  at least 12 months and may distinguish between the period prior
 3517  to the time unit owners other than the developer elect a
 3518  majority of the board of administration and the period after
 3519  that date.
 3520         (22) A schedule of estimated closing expenses to be paid by
 3521  a buyer or lessee of a unit and a statement of whether title
 3522  opinion or title insurance policy is available to the buyer and,
 3523  if so, at whose expense.
 3524         (23) The identity of the developer and the chief operating
 3525  officer or principal directing the creation and sale of the
 3526  condominium and a statement of its and his or her experience in
 3527  this field.
 3528         (24) Copies of the following, to the extent they are
 3529  applicable, shall be included as exhibits:
 3530         (a) The declaration of condominium, or the proposed
 3531  declaration if the declaration has not been recorded.
 3532         (b) The articles of incorporation creating the association.
 3533         (c) The bylaws of the association.
 3534         (d) The ground lease or other underlying lease of the
 3535  condominium.
 3536         (e) The management agreement and all maintenance and other
 3537  contracts for management of the association and operation of the
 3538  condominium and facilities used by the unit owners having a
 3539  service term in excess of 1 year.
 3540         (f) The estimated operating budget for the condominium, the
 3541  required schedule of unit owners’ expenses, and the
 3542  association’s most recent structural integrity reserve study or
 3543  a statement that the association has not completed a structural
 3544  integrity reserve study.
 3545         (g) A copy of the floor plan of the unit and the plot plan
 3546  showing the location of the residential buildings and the
 3547  recreation and other common areas.
 3548         (h) The lease of recreational and other facilities that
 3549  will be used only by unit owners of the subject condominium.
 3550         (i) The lease of facilities used by owners and others.
 3551         (j) The form of unit lease, if the offer is of a leasehold.
 3552         (k) A declaration of servitude of properties serving the
 3553  condominium but not owned by unit owners or leased to them or
 3554  the association.
 3555         (l) The statement of condition of the existing building or
 3556  buildings, if the offering is of units in an operation being
 3557  converted to condominium ownership.
 3558         (m) The statement of inspection for termite damage and
 3559  treatment of the existing improvements, if the condominium is a
 3560  conversion.
 3561         (n) The form of agreement for sale or lease of units.
 3562         (o) A copy of the agreement for escrow of payments made to
 3563  the developer prior to closing.
 3564         (p) A copy of the documents containing any restrictions on
 3565  use of the property required by subsection (17).
 3566         (q) A copy of the inspector-prepared summary of the
 3567  milestone inspection report as described in ss. 553.899 and
 3568  718.301(4)(p), as applicable.
 3569         (25) Any prospectus or offering circular complying, prior
 3570  to the effective date of this act, with the provisions of former
 3571  ss. 711.69 and 711.802 may continue to be used without amendment
 3572  or may be amended to comply with this chapter.
 3573         (26) A brief narrative description of the location and
 3574  effect of all existing and intended easements located or to be
 3575  located on the condominium property other than those described
 3576  in the declaration.
 3577         (27) If the developer is required by state or local
 3578  authorities to obtain acceptance or approval of any dock or
 3579  marina facilities intended to serve the condominium, a copy of
 3580  any such acceptance or approval acquired by the time of filing
 3581  with the division under s. 718.502(1) or a statement that such
 3582  acceptance or approval has not been acquired or received.
 3583         (28) Evidence demonstrating that the developer has an
 3584  ownership, leasehold, or contractual interest in the land upon
 3585  which the condominium is to be developed.
 3586         Section 27. Subsection (1) of section 718.618, Florida
 3587  Statutes, is amended to read:
 3588         718.618 Converter reserve accounts; warranties.—
 3589         (1) When existing improvements are converted to ownership
 3590  as a residential condominium, the developer shall establish
 3591  converter reserve accounts for capital expenditures and planned
 3592  deferred maintenance, or give warranties as provided by
 3593  subsection (6), or post a surety bond as provided by subsection
 3594  (7). The developer shall fund the converter reserve accounts in
 3595  amounts calculated as follows:
 3596         (a)1. When the existing improvements include an air
 3597  conditioning system serving more than one unit or property which
 3598  the association is responsible to repair, maintain, or replace,
 3599  the developer shall fund an air-conditioning reserve account.
 3600  The amount of the reserve account shall be the product of the
 3601  estimated current replacement cost of the system, as disclosed
 3602  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 3603  fraction, the numerator of which shall be the lesser of the age
 3604  of the system in years or 9, and the denominator of which shall
 3605  be 10. When such air-conditioning system is within 1,000 yards
 3606  of the seacoast, the numerator shall be the lesser of the age of
 3607  the system in years or 3, and the denominator shall be 4.
 3608         2. The developer shall fund a plumbing reserve account. The
 3609  amount of the funding shall be the product of the estimated
 3610  current replacement cost of the plumbing component, as disclosed
 3611  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 3612  fraction, the numerator of which shall be the lesser of the age
 3613  of the plumbing in years or 36, and the denominator of which
 3614  shall be 40.
 3615         3. The developer shall fund a roof reserve account. The
 3616  amount of the funding shall be the product of the estimated
 3617  current replacement cost of the roofing component, as disclosed
 3618  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 3619  fraction, the numerator of which shall be the lesser of the age
 3620  of the roof in years or the numerator listed in the following
 3621  table. The denominator of the fraction shall be determined based
 3622  on the roof type, as follows:
 3623  
 3624        Roof Type               Numerator          Denominator      
 3625  a.    Built-up roof without insulation        4                   5           
 3626  b.    Built-up roof with insulation        4                   5           
 3627  c.    Cement tile roof            45                  50          
 3628  d.    Asphalt shingle roof        14                  15          
 3629  e.    Copper roof                                                 
 3630  f.    Wood shingle roof           9                   10          
 3631  g.    All other types             18                  20          
 3632  
 3633         (b) The age of any component or structure for which the
 3634  developer is required to fund a reserve account shall be
 3635  measured in years, rounded to the nearest whole year. The amount
 3636  of converter reserves to be funded by the developer for each
 3637  structure or component shall be based on the age of the
 3638  structure or component as disclosed in the inspection report.
 3639  The architect or engineer shall determine the age of the
 3640  component from the later of:
 3641         1. The date when the component or structure was replaced or
 3642  substantially renewed, if the replacement or renewal of the
 3643  component at least met the requirements of the then-applicable
 3644  building code; or
 3645         2. The date when the installation or construction of the
 3646  existing component or structure was completed.
 3647         (c) When the age of a component or structure is to be
 3648  measured from the date of replacement or renewal, the developer
 3649  shall provide the division with a certificate, under the seal of
 3650  an architect or engineer authorized to practice in this state,
 3651  verifying:
 3652         1. The date of the replacement or renewal; and
 3653         2. That the replacement or renewal at least met the
 3654  requirements of the then-applicable building code.
 3655         (d) In addition to establishing the reserve accounts
 3656  specified above, the developer shall establish those other
 3657  reserve accounts required by s. 718.112(2)(f), and shall fund
 3658  those accounts in accordance with the formula provided therein.
 3659  The vote to waive or reduce the funding or reserves required by
 3660  s. 718.112(2)(f) does not affect or negate the obligations
 3661  arising under this section.
 3662         Section 28. Paragraphs (j) and (k) of subsection (1) of
 3663  section 719.106, Florida Statutes, are amended to read:
 3664         719.106 Bylaws; cooperative ownership.—
 3665         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 3666  documents shall provide for the following, and if they do not,
 3667  they shall be deemed to include the following:
 3668         (j) Annual budget.—
 3669         1. The proposed annual budget of common expenses must be
 3670  detailed and must show the amounts budgeted by accounts and
 3671  expense classifications, including, if applicable, but not
 3672  limited to, those expenses listed in s. 719.504(20). The board
 3673  of administration shall adopt the annual budget at least 14 days
 3674  before the start of the association’s fiscal year. In the event
 3675  that the board fails to timely adopt the annual budget a second
 3676  time, it is deemed a minor violation and the prior year’s budget
 3677  shall continue in effect until a new budget is adopted.
 3678         2. In addition to annual operating expenses, the budget
 3679  must include reserve accounts for capital expenditures and
 3680  planned deferred maintenance. These accounts must include, but
 3681  not be limited to, roof replacement, building painting, and
 3682  pavement resurfacing, regardless of the amount of planned
 3683  deferred maintenance expense or replacement cost, and for any
 3684  other items for which the planned deferred maintenance expense
 3685  or replacement cost exceeds $10,000. The amount to be reserved
 3686  must be computed by means of a formula which is based upon
 3687  estimated remaining useful life and estimated replacement cost
 3688  or planned deferred maintenance expense of the reserve item. In
 3689  a budget adopted by an association that is required to obtain a
 3690  structural integrity reserve study, reserves must be maintained
 3691  for the items identified in paragraph (k) for which the
 3692  association is responsible pursuant to the declaration, and the
 3693  reserve amount for such items must be based on the findings and
 3694  recommendations of the association’s most recent structural
 3695  integrity reserve study. With respect to items for which an
 3696  estimate of useful life is not readily ascertainable or with an
 3697  estimated remaining useful life of greater than 25 years, an
 3698  association is not required to reserve replacement costs for
 3699  such items, but an association must reserve the amount of
 3700  planned deferred maintenance expense, if any, which is
 3701  recommended by the structural integrity reserve study for such
 3702  items. The association may adjust replacement reserve
 3703  assessments annually to take into account an inflation
 3704  adjustment and any changes in estimates or extension of the
 3705  useful life of a reserve item caused by planned deferred
 3706  maintenance. The members of a unit-owner-controlled association
 3707  may determine, by a majority vote of the total voting interests
 3708  of the association, for a fiscal year to provide no reserves or
 3709  reserves less adequate than required by this subsection. Before
 3710  turnover of control of an association by a developer to unit
 3711  owners other than a developer under s. 719.301, the developer
 3712  controlled association may not vote to waive the reserves or
 3713  reduce funding of the reserves. For a budget adopted on or after
 3714  December 31, 2024, a unit-owner-controlled association that must
 3715  obtain a structural integrity reserve study may not determine to
 3716  provide no reserves or reserves less adequate than required by
 3717  this paragraph for items listed in paragraph (k). If a meeting
 3718  of the unit owners has been called to determine to provide no
 3719  reserves, or reserves less adequate than required, and such
 3720  result is not attained or a quorum is not attained, the reserves
 3721  as included in the budget shall go into effect.
 3722         3. Reserve funds and any interest accruing thereon shall
 3723  remain in the reserve account or accounts, and shall be used
 3724  only for authorized reserve expenditures unless their use for
 3725  other purposes is approved in advance by a vote of the majority
 3726  of the total voting interests of the association. Before
 3727  turnover of control of an association by a developer to unit
 3728  owners other than the developer under s. 719.301, the developer
 3729  may not vote to use reserves for purposes other than that for
 3730  which they were intended. For a budget adopted on or after
 3731  December 31, 2024, members of a unit-owner-controlled
 3732  association that must obtain a structural integrity reserve
 3733  study may not vote to use reserve funds, or any interest
 3734  accruing thereon, for purposes other than the replacement or
 3735  planned deferred maintenance costs of the components listed in
 3736  paragraph (k).
 3737         (k) Structural integrity reserve study.—
 3738         1. A residential cooperative association must have a
 3739  structural integrity reserve study completed at least every 10
 3740  years for each building on the cooperative property that is
 3741  three stories or higher in height, as determined by the Florida
 3742  Building Code, that includes, at a minimum, a study of the
 3743  following items as related to the structural integrity and
 3744  safety of the building:
 3745         a. Roof.
 3746         b. Structure, including load-bearing walls and other
 3747  primary structural members and primary structural systems as
 3748  those terms are defined in s. 627.706.
 3749         c. Fireproofing and fire protection systems.
 3750         d. Plumbing.
 3751         e. Electrical systems.
 3752         f. Waterproofing and exterior painting.
 3753         g. Windows and exterior doors.
 3754         h. Any other item that has a planned deferred maintenance
 3755  expense or replacement cost that exceeds $10,000 and the failure
 3756  to replace or maintain such item negatively affects the items
 3757  listed in sub-subparagraphs a.-g., as determined by the visual
 3758  inspection portion of the structural integrity reserve study.
 3759         2. A structural integrity reserve study is based on a
 3760  visual inspection of the cooperative property. A structural
 3761  integrity reserve study may be performed by any person qualified
 3762  to perform such study. However, the visual inspection portion of
 3763  the structural integrity reserve study must be performed or
 3764  verified by an engineer licensed under chapter 471, an architect
 3765  licensed under chapter 481, or a person certified as a reserve
 3766  specialist or professional reserve analyst by the Community
 3767  Associations Institute or the Association of Professional
 3768  Reserve Analysts.
 3769         3. At a minimum, a structural integrity reserve study must
 3770  identify each item of the cooperative property being visually
 3771  inspected, state the estimated remaining useful life and the
 3772  estimated replacement cost or planned deferred maintenance
 3773  expense of each item of the cooperative property being visually
 3774  inspected, and provide a reserve funding schedule with a
 3775  recommended annual reserve amount that achieves the estimated
 3776  replacement cost or planned deferred maintenance expense of each
 3777  item of cooperative property being visually inspected by the end
 3778  of the estimated remaining useful life of the item. The
 3779  structural integrity reserve study may recommend that reserves
 3780  do not need to be maintained for any item for which an estimate
 3781  of useful life and an estimate of replacement cost cannot be
 3782  determined, or the study may recommend a planned deferred
 3783  maintenance expense amount for such item. The structural
 3784  integrity reserve study may recommend that reserves for
 3785  replacement costs do not need to be maintained for any item with
 3786  an estimated remaining useful life of greater than 25 years, but
 3787  the study may recommend a planned deferred maintenance expense
 3788  amount for such item.
 3789         4. This paragraph does not apply to buildings less than
 3790  three stories in height; single-family, two-family, or three
 3791  family dwellings with three or fewer habitable stories above
 3792  ground; any portion or component of a building that has not been
 3793  submitted to the cooperative form of ownership; or any portion
 3794  or component of a building that is maintained by a party other
 3795  than the association.
 3796         5. Before a developer turns over control of an association
 3797  to unit owners other than the developer, the developer must have
 3798  a turnover inspection report in compliance with s. 719.301(4)(p)
 3799  and (q) for each building on the cooperative property that is
 3800  three stories or higher in height.
 3801         6. Associations existing on or before July 1, 2022, which
 3802  are controlled by unit owners other than the developer, must
 3803  have a structural integrity reserve study completed by December
 3804  31, 2024, for each building on the cooperative property that is
 3805  three stories or higher in height. An association that is
 3806  required to complete a milestone inspection on or before
 3807  December 31, 2026, in accordance with s. 553.899 may complete
 3808  the structural integrity reserve study simultaneously with the
 3809  milestone inspection. In no event may the structural integrity
 3810  reserve study be completed after December 31, 2026.
 3811         7. If the milestone inspection required by s. 553.899, or
 3812  an inspection completed for a similar local requirement, was
 3813  performed within the past 5 years and meets the requirements of
 3814  this paragraph, such inspection may be used in place of the
 3815  visual inspection portion of the structural integrity reserve
 3816  study.
 3817         8. If the officers or directors of an association willfully
 3818  and knowingly fail to complete a structural integrity reserve
 3819  study pursuant to this paragraph, such failure is a breach of an
 3820  officer’s and director’s fiduciary relationship to the unit
 3821  owners under s. 719.104(9).
 3822         9.Within 45 days after receiving the structural integrity
 3823  reserve study, the association shall distribute a copy of the
 3824  study to each unit owner or deliver to each unit owner a notice
 3825  that the completed study is available for inspection and copying
 3826  upon a written request. Distribution of a copy of the study or
 3827  notice must be made by United States mail or personal delivery
 3828  at the mailing address, property address, or any other address
 3829  of the owner provided to fulfill the association’s notice
 3830  requirements under this chapter, or by electronic transmission
 3831  to the e-mail address or facsimile number provided to fulfill
 3832  the association’s notice requirements to unit owners who
 3833  previously consented to receive notice by electronic
 3834  transmission.
 3835         Section 29. Section 719.129, Florida Statutes, is amended
 3836  to read:
 3837         719.129 Electronic voting.—The association may conduct
 3838  elections and other unit owner votes through an Internet-based
 3839  online voting system if a unit owner consents, electronically or
 3840  in writing, to online voting and if the following requirements
 3841  are met:
 3842         (1) The association provides each unit owner with:
 3843         (a) A method to authenticate the unit owner’s identity to
 3844  the online voting system.
 3845         (b) For elections of the board, a method to transmit an
 3846  electronic ballot to the online voting system that ensures the
 3847  secrecy and integrity of each ballot.
 3848         (c) A method to confirm, at least 14 days before the voting
 3849  deadline, that the unit owner’s electronic device can
 3850  successfully communicate with the online voting system.
 3851         (2) The association uses an online voting system that is:
 3852         (a) Able to authenticate the unit owner’s identity.
 3853         (b) Able to authenticate the validity of each electronic
 3854  vote to ensure that the vote is not altered in transit.
 3855         (c) Able to transmit a receipt from the online voting
 3856  system to each unit owner who casts an electronic vote.
 3857         (d) For elections of the board of administration, able to
 3858  permanently separate any authentication or identifying
 3859  information from the electronic election ballot, rendering it
 3860  impossible to tie an election ballot to a specific unit owner.
 3861         (e) Able to store and keep electronic votes accessible to
 3862  election officials for recount, inspection, and review purposes.
 3863         (3) A unit owner voting electronically pursuant to this
 3864  section shall be counted as being in attendance at the meeting
 3865  for purposes of determining a quorum. A substantive vote of the
 3866  unit owners may not be taken on any issue other than the issues
 3867  specifically identified in the electronic vote, when a quorum is
 3868  established based on unit owners voting electronically pursuant
 3869  to this section.
 3870         (4) This section applies to an association that provides
 3871  for and authorizes an online voting system pursuant to this
 3872  section by a board resolution. The board resolution must provide
 3873  that unit owners receive notice of the opportunity to vote
 3874  through an online voting system, must establish reasonable
 3875  procedures and deadlines for unit owners to consent,
 3876  electronically or in writing, to online voting, and must
 3877  establish reasonable procedures and deadlines for unit owners to
 3878  opt out of online voting after giving consent. Written notice of
 3879  a meeting at which the resolution will be considered must be
 3880  mailed, delivered, or electronically transmitted to the unit
 3881  owners and posted conspicuously on the condominium property or
 3882  association property at least 14 days before the meeting.
 3883  Evidence of compliance with the 14-day notice requirement must
 3884  be made by an affidavit executed by the person providing the
 3885  notice and filed with the official records of the association.
 3886         (5) A unit owner’s consent to online voting is valid until
 3887  the unit owner opts out of online voting pursuant to the
 3888  procedures established by the board of administration pursuant
 3889  to subsection (4).
 3890         (6) This section may apply to any matter that requires a
 3891  vote of the unit owners who are not members of a timeshare
 3892  cooperative association.
 3893         Section 30. Paragraph (p) of subsection (4) of section
 3894  719.301, Florida Statutes, is amended to read:
 3895         719.301 Transfer of association control.—
 3896         (4) When unit owners other than the developer elect a
 3897  majority of the members of the board of administration of an
 3898  association, the developer shall relinquish control of the
 3899  association, and the unit owners shall accept control.
 3900  Simultaneously, or for the purpose of paragraph (c) not more
 3901  than 90 days thereafter, the developer shall deliver to the
 3902  association, at the developer’s expense, all property of the
 3903  unit owners and of the association held or controlled by the
 3904  developer, including, but not limited to, the following items,
 3905  if applicable, as to each cooperative operated by the
 3906  association:
 3907         (p) Notwithstanding when the certificate of occupancy was
 3908  issued or the height of the building, a turnover inspection
 3909  report included in the official records, under seal of an
 3910  architect or engineer authorized to practice in this state or a
 3911  person certified as a reserve specialist or professional reserve
 3912  analyst by the Community Associations Institute or the
 3913  Association of Professional Reserve Analysts, consisting of a
 3914  structural integrity reserve study attesting to required
 3915  maintenance, condition, useful life, and replacement costs of
 3916  the following applicable cooperative property:
 3917         1. Roof.
 3918         2. Structure, including load-bearing walls and primary
 3919  structural members and primary structural systems as those terms
 3920  are defined in s. 627.706.
 3921         3. Fireproofing and fire protection systems.
 3922         4. Plumbing.
 3923         5. Electrical systems.
 3924         6. Waterproofing and exterior painting.
 3925         7. Windows and exterior doors.
 3926         Section 31. Subsection (1) of section 719.618, Florida
 3927  Statutes, is amended to read:
 3928         719.618 Converter reserve accounts; warranties.—
 3929         (1) When existing improvements are converted to ownership
 3930  as a residential cooperative, the developer shall establish
 3931  planned reserve accounts for capital expenditures and deferred
 3932  maintenance, or give warranties as provided by subsection (6),
 3933  or post a surety bond as provided by subsection (7). The
 3934  developer shall fund the reserve accounts in amounts calculated
 3935  as follows:
 3936         (a)1. When the existing improvements include an air
 3937  conditioning system serving more than one unit or property which
 3938  the association is responsible to repair, maintain, or replace,
 3939  the developer shall fund an air-conditioning reserve account.
 3940  The amount of the reserve account shall be the product of the
 3941  estimated current replacement cost of the system, as disclosed
 3942  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3943  fraction, the numerator of which shall be the lesser of the age
 3944  of the system in years or 9, and the denominator of which shall
 3945  be 10. When such air-conditioning system is within 1,000 yards
 3946  of the seacoast, the numerator shall be the lesser of the age of
 3947  the system in years or 3, and the denominator shall be 4.
 3948         2. The developer shall fund a plumbing reserve account. The
 3949  amount of the funding shall be the product of the estimated
 3950  current replacement cost of the plumbing component, as disclosed
 3951  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3952  fraction, the numerator of which shall be the lesser of the age
 3953  of the plumbing in years or 36, and the denominator of which
 3954  shall be 40.
 3955         3. The developer shall fund a roof reserve account. The
 3956  amount of the funding shall be the product of the estimated
 3957  current replacement cost of the roofing component, as disclosed
 3958  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 3959  fraction, the numerator of which shall be the lesser of the age
 3960  of the roof in years or the numerator listed in the following
 3961  table. The denominator of the fraction shall be determined based
 3962  on the roof type, as follows:
 3963  
 3964        Roof Type               Numerator          Denominator      
 3965  a.    Built-up roof without insulation        4                   5           
 3966  b.    Built-up roof with insulation        4                   5           
 3967  c.    Cement tile roof            45                  50          
 3968  d.    Asphalt shingle roof        14                  15          
 3969  e.    Copper roof                                                 
 3970  f.    Wood shingle roof           9                   10          
 3971  g.    All other types             18                  20          
 3972  
 3973         (b) The age of any component or structure for which the
 3974  developer is required to fund a reserve account shall be
 3975  measured in years from the later of:
 3976         1. The date when the component or structure was replaced or
 3977  substantially renewed, if the replacement or renewal of the
 3978  component at least met the requirements of the then-applicable
 3979  building code; or
 3980         2. The date when the installation or construction of the
 3981  existing component or structure was completed.
 3982         (c) When the age of a component or structure is to be
 3983  measured from the date of replacement or renewal, the developer
 3984  shall provide the division with a certificate, under the seal of
 3985  an architect or engineer authorized to practice in this state,
 3986  verifying:
 3987         1. The date of the replacement or renewal; and
 3988         2. That the replacement or renewal at least met the
 3989  requirements of the then-applicable building code.
 3990         Section 32. The Division of Florida Condominiums,
 3991  Timeshares, and Mobile Homes of the Department of Business and
 3992  Professional Regulation shall complete a review of the website
 3993  or application requirements for official records under s.
 3994  718.111(12)(g), Florida Statutes, and make recommendations
 3995  regarding any additional official records of a condominium
 3996  association which should be included in the records maintenance
 3997  requirement in the statute. The division shall submit the
 3998  findings of its review to the Governor, the President of the
 3999  Senate, the Speaker of the House of Representatives, and the
 4000  chairs of the legislative appropriations committees and
 4001  appropriate substantive committees with jurisdiction over
 4002  chapter 718, Florida Statutes, by January 1, 2025.
 4003         Section 33. The Division of Florida Condominiums,
 4004  Timeshares, and Mobile Homes of the Department of Business and
 4005  Professional Regulation shall create a database on its website
 4006  of the associations that have reported the completion of their
 4007  structural integrity reserve study under section 718.112(2)(g),
 4008  and under section 719.106(1)(k), by January 1, 2025.
 4009         Section 34. For the 2024-2025 fiscal year, the sums of
 4010  $6,122,390 in recurring and $1,293,879 in nonrecurring funds
 4011  from the General Revenue Fund are appropriated to the Department
 4012  of Business and Professional Regulation, and 65 full-time
 4013  equivalent positions with associated salary rate of 3,180,319
 4014  are authorized, for the purpose of implementing this act.
 4015         Section 35. The amendments made to ss. 718.103(14) and
 4016  718.202(3), Florida Statutes, and the provisions of s.
 4017  718.407(1), (2), and (6), Florida Statutes, are intended to
 4018  clarify existing law and shall apply retroactively; however,
 4019  such amendments do not revive or reinstate any right or interest
 4020  that has been fully and finally adjudicated as invalid before
 4021  October 1, 2024.
 4022         Section 36. The Florida Building Commission shall perform a
 4023  study on standards to prevent water intrusion through the tracks
 4024  of sliding glass doors, including the consideration of devises
 4025  designed to further prevent such water intrusion. The commission
 4026  must provide a written report of any recommendations to the
 4027  Governor, the President of the Senate, the Speaker of the House
 4028  of Representatives, and the chairs of the legislative
 4029  appropriations committees and appropriate substantive committees
 4030  with jurisdiction over chapter 718, Florida Statutes, by
 4031  December 1, 2024.
 4032         Section 37. Except as otherwise expressly provided in this
 4033  act, this act shall take effect July 1, 2024.

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