Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 798
       
       
       
       
       
       
                                Ì709644;Î709644                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 509.013, Florida
    6  Statutes, is amended to read:
    7         509.013 Definitions.—As used in this chapter, the term:
    8         (4)(a) “Public lodging establishment” includes a transient
    9  public lodging establishment as defined in subparagraph 1. and a
   10  nontransient public lodging establishment as defined in
   11  subparagraph 2.
   12         1. “Transient public lodging establishment” means any unit,
   13  group of units, dwelling, building, or group of buildings within
   14  a single complex of buildings which is rented to guests more
   15  than three times in a calendar year for periods of less than 30
   16  days or 1 calendar month, whichever is less, or which is
   17  advertised or held out to the public as a place regularly rented
   18  to guests.
   19         2. “Nontransient public lodging establishment” means any
   20  unit, group of units, dwelling, building, or group of buildings
   21  within a single complex of buildings which is rented to guests
   22  for periods of at least 30 days or 1 calendar month, whichever
   23  is less, or which is advertised or held out to the public as a
   24  place regularly rented to guests for periods of at least 30 days
   25  or 1 calendar month.
   26  
   27  License classifications of public lodging establishments, and
   28  the definitions therefor, are set out in s. 509.242. For the
   29  purpose of licensure, the term does not include condominium
   30  common elements as defined in s. 718.103.
   31         (b) The following are excluded from the definitions in
   32  paragraph (a):
   33         1. Any dormitory or other living or sleeping facility
   34  maintained by a public or private school, college, or university
   35  for the use of students, faculty, or visitors.
   36         2. Any facility certified or licensed and regulated by the
   37  Agency for Health Care Administration or the Department of
   38  Children and Family Services or other similar place regulated
   39  under s. 381.0072.
   40         3. Any place renting four rental units or less, unless the
   41  rental units are advertised or held out to the public to be
   42  places that are regularly rented to transients.
   43         4. Any unit or group of units in a condominium,
   44  cooperative, or timeshare project plan and any individually or
   45  collectively owned one-family, two-family, three-family, or
   46  four-family dwelling house or dwelling unit that is rented for
   47  periods of at least 30 days or 1 calendar month, whichever is
   48  less, and that is not advertised or held out to the public as a
   49  place regularly rented for periods of less than 1 calendar
   50  month, provided that no more than four rental units within a
   51  single complex of buildings are available for rent.
   52         5. Any migrant labor camp or residential migrant housing
   53  permitted by the Department of Health under ss. 381.008
   54  381.00895.
   55         6. Any establishment inspected by the Department of Health
   56  and regulated by chapter 513.
   57         7. Any nonprofit organization that operates a facility
   58  providing housing only to patients, patients’ families, and
   59  patients’ caregivers and not to the general public.
   60         8. Any apartment building inspected by the United States
   61  Department of Housing and Urban Development or other entity
   62  acting on the department’s behalf that is designated primarily
   63  as housing for persons at least 62 years of age. The division
   64  may require the operator of the apartment building to attest in
   65  writing that such building meets the criteria provided in this
   66  subparagraph. The division may adopt rules to implement this
   67  requirement.
   68         9. Any roominghouse, boardinghouse, or other living or
   69  sleeping facility that may not be classified as a hotel, motel,
   70  timeshare project, vacation rental, nontransient apartment, bed
   71  and breakfast inn, or transient apartment under s. 509.242.
   72         Section 2. Paragraph (a) of subsection (2) of section
   73  509.032, Florida Statutes, is amended to read:
   74         509.032 Duties.—
   75         (2) INSPECTION OF PREMISES.—
   76         (a) The division has responsibility and jurisdiction for
   77  all inspections required by this chapter. The division has
   78  responsibility for quality assurance. Each licensed
   79  establishment shall be inspected at least biannually, except for
   80  transient and nontransient apartments, which shall be inspected
   81  at least annually, and shall be inspected at such other times as
   82  the division determines is necessary to ensure the public’s
   83  health, safety, and welfare. The division shall establish a
   84  system to determine inspection frequency. Public lodging units
   85  classified as vacation rentals or as timeshare projects are not
   86  subject to this requirement but shall be made available to the
   87  division upon request. If, during the inspection of a public
   88  lodging establishment classified for renting to transient or
   89  nontransient tenants, an inspector identifies vulnerable adults
   90  who appear to be victims of neglect, as defined in s. 415.102,
   91  or, in the case of a building that is not equipped with
   92  automatic sprinkler systems, tenants or clients who may be
   93  unable to self-preserve in an emergency, the division shall
   94  convene meetings with the following agencies as appropriate to
   95  the individual situation: the Department of Health, the
   96  Department of Elderly Affairs, the area agency on aging, the
   97  local fire marshal, the landlord and affected tenants and
   98  clients, and other relevant organizations, to develop a plan
   99  which improves the prospects for safety of affected residents
  100  and, if necessary, identifies alternative living arrangements
  101  such as facilities licensed under part II of chapter 400 or
  102  under chapter 429.
  103         Section 3. Subsection (9) of section 509.221, Florida
  104  Statutes, is amended to read:
  105         509.221 Sanitary regulations.—
  106         (9) Subsections (2), (5), and (6) do not apply to any
  107  facility or unit classified as a vacation rental, or
  108  nontransient apartment, or timeshare project as described in s.
  109  509.242(1)(c)-(e) and (d).
  110         Section 4. Subsection (2) of section 509.241, Florida
  111  Statutes, is amended to read:
  112         509.241 Licenses required; exceptions.—
  113         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  114  a public lodging establishment or a public food service
  115  establishment shall apply for and receive a license from the
  116  division prior to the commencement of operation. A condominium
  117  association, as defined in s. 718.103, which does not own any
  118  units classified as timeshare projects or vacation rentals under
  119  s. 509.242(1)(c) and (d) is not required to apply for or receive
  120  a public lodging establishment license.
  121         Section 5. Subsection (1) of section 509.242, Florida
  122  Statutes, is amended to read:
  123         509.242 Public lodging establishments; classifications.—
  124         (1) A public lodging establishment shall be classified as a
  125  hotel, motel, nontransient apartment, transient apartment, bed
  126  and breakfast inn, timeshare project, or vacation rental if the
  127  establishment satisfies the following criteria:
  128         (a) Hotel.—A hotel is any public lodging establishment
  129  containing sleeping room accommodations for 25 or more guests
  130  and providing the services generally provided by a hotel and
  131  recognized as a hotel in the community in which it is situated
  132  or by the industry.
  133         (b) Motel.—A motel is any public lodging establishment
  134  which offers rental units with an exit to the outside of each
  135  rental unit, daily or weekly rates, offstreet parking for each
  136  unit, a central office on the property with specified hours of
  137  operation, a bathroom or connecting bathroom for each rental
  138  unit, and at least six rental units, and which is recognized as
  139  a motel in the community in which it is situated or by the
  140  industry.
  141         (c) Timeshare project.—A timeshare project is any timeshare
  142  property as defined in chapter 721 which is located in this
  143  state and which is also a transient public lodging
  144  establishment.
  145         (d)(c)Vacation rental.—A vacation rental is any unit or
  146  group of units in a condominium, or cooperative, or timeshare
  147  plan or any individually or collectively owned single-family,
  148  two-family, three-family, or four-family house or dwelling unit
  149  that is also a transient public lodging establishment and that
  150  is not a timeshare project.
  151         (e)(d)Nontransient apartment.—A nontransient apartment is
  152  a building or complex of buildings in which 75 percent or more
  153  of the units are available for rent to nontransient tenants.
  154         (f)(e)Transient apartment.—A transient apartment is a
  155  building or complex of buildings in which more than 25 percent
  156  of the units are advertised or held out to the public as
  157  available for transient occupancy.
  158         (g)(f)Bed and breakfast inn.—A bed and breakfast inn is a
  159  family home structure, with no more than 15 sleeping rooms,
  160  which has been modified to serve as a transient public lodging
  161  establishment, which provides the accommodation and meal
  162  services generally offered by a bed and breakfast inn, and which
  163  is recognized as a bed and breakfast inn in the community in
  164  which it is situated or by the hospitality industry.
  165         Section 6. Subsection (1) of section 509.251, Florida
  166  Statutes, is amended to read:
  167         509.251 License fees.—
  168         (1) The division shall adopt, by rule, a schedule of fees
  169  to be paid by each public lodging establishment as a
  170  prerequisite to issuance or renewal of a license. Such fees
  171  shall be based on the number of rental units in the
  172  establishment. The aggregate fee per establishment charged any
  173  public lodging establishment shall not exceed $1,000; however,
  174  the fees described in paragraphs (a) and (b) may not be included
  175  as part of the aggregate fee subject to this cap. Vacation
  176  rental units or timeshare projects within separate buildings or
  177  at separate locations but managed by one licensed agent may be
  178  combined in a single license application, and the division shall
  179  charge a license fee as if all units in the application are in a
  180  single licensed establishment. The fee schedule shall require an
  181  establishment which applies for an initial license to pay the
  182  full license fee if application is made during the annual
  183  renewal period or more than 6 months prior to the next such
  184  renewal period and one-half of the fee if application is made 6
  185  months or less prior to such period. The fee schedule shall
  186  include fees collected for the purpose of funding the
  187  Hospitality Education Program, pursuant to s. 509.302, which are
  188  payable in full for each application regardless of when the
  189  application is submitted.
  190         (a) Upon making initial application or an application for
  191  change of ownership, the applicant shall pay to the division a
  192  fee as prescribed by rule, not to exceed $50, in addition to any
  193  other fees required by law, which shall cover all costs
  194  associated with initiating regulation of the establishment.
  195         (b) A license renewal filed with the division within 30
  196  days after the expiration date shall be accompanied by a
  197  delinquent fee as prescribed by rule, not to exceed $50, in
  198  addition to the renewal fee and any other fees required by law.
  199  A license renewal filed with the division more than 30 but not
  200  more than 60 days after the expiration date shall be accompanied
  201  by a delinquent fee as prescribed by rule, not to exceed $100,
  202  in addition to the renewal fee and any other fees required by
  203  law.
  204         Section 7. Subsection (1) of section 712.05, Florida
  205  Statutes, is amended to read:
  206         712.05 Effect of filing notice.—
  207         (1) A Any person claiming an interest in land or a
  208  homeowners’ association desiring to preserve a any covenant or
  209  restriction may preserve and protect the same from
  210  extinguishment by the operation of this act by filing for
  211  record, during the 30-year period immediately following the
  212  effective date of the root of title, a written notice, in
  213  writing, in accordance with this chapter. Such the provisions
  214  hereof, which notice preserves shall have the effect of so
  215  preserving such claim of right or such covenant or restriction
  216  or portion of such covenant or restriction for up to a period of
  217  not longer than 30 years after filing the notice same unless the
  218  notice is filed again filed as required in this chapter herein.
  219  A person’s No disability or lack of knowledge of any kind may
  220  not on the part of anyone shall delay the commencement of or
  221  suspend the running of the said 30-year period. Such notice may
  222  be filed for record by the claimant or by any other person
  223  acting on behalf of a any claimant who is:
  224         (a) Under a disability;,
  225         (b) Unable to assert a claim on his or her behalf;, or
  226         (c) One of a class, but whose identity cannot be
  227  established or is uncertain at the time of filing such notice of
  228  claim for record.
  229  
  230  Such notice may be filed by a homeowners’ association only if
  231  the preservation of such covenant or restriction or portion of
  232  such covenant or restriction is approved by at least two-thirds
  233  of the members of the board of directors of an incorporated
  234  homeowners’ association at a meeting for which a notice, stating
  235  the meeting’s time and place and containing the statement of
  236  marketable title action described in s. 712.06(1)(b), was mailed
  237  or hand delivered to members of the homeowners’ association at
  238  least not less than 7 days before prior to such meeting. The
  239  homeowners’ association or clerk of the circuit court is not
  240  required to provide notice other than as provided under s.
  241  712.06(3). The preceding sentence is intended to clarify
  242  existing law.
  243         Section 8. Subsection (13) of section 718.110, Florida
  244  Statutes, is amended to read:
  245         718.110 Amendment of declaration; correction of error or
  246  omission in declaration by circuit court.—
  247         (13) An amendment that prohibits prohibiting unit owners
  248  from renting their units or altering the duration of the rental
  249  term or that specifies or limits specifying or limiting the
  250  number of times unit owners are entitled to rent their units
  251  during a specified period does not apply applies only to unit
  252  owners who voted against consent to the amendment. However, such
  253  amendment applies to unit owners who consented to the amendment,
  254  who failed to cast a vote, or and unit owners who acquired
  255  acquire title to their units after the effective date of the
  256  that amendment.
  257         Section 9. Subsection (5), paragraph (j) of subsection
  258  (11), and paragraph (c) of subsection (12) of section 718.111,
  259  Florida Statutes, are amended, and paragraph (f) is added to
  260  subsection (12) of that section, to read:
  261         718.111 The association.—
  262         (5) RIGHT OF ACCESS TO UNITS.—
  263         (a) The association has the irrevocable right of access to
  264  each unit during reasonable hours, when necessary for the
  265  maintenance, repair, or replacement of any common elements or of
  266  any portion of a unit to be maintained by the association
  267  pursuant to the declaration or as necessary to prevent damage to
  268  the common elements or to a unit or units.
  269         (b)1. In addition to the association’s right of access in
  270  paragraph (a) and regardless of whether authority is provided in
  271  the declaration or other recorded condominium documents, an
  272  association, at the sole discretion of the board, may enter an
  273  abandoned unit to inspect the unit and adjoining common
  274  elements; make repairs to the unit or to the common elements
  275  serving the unit, as needed; repair the unit if mold or
  276  deterioration is present; turn on the utilities for the unit; or
  277  otherwise maintain, preserve, or protect the unit and adjoining
  278  common elements. For purposes of this paragraph, a unit is
  279  presumed to be abandoned if:
  280         a. The unit is the subject of a foreclosure action and no
  281  tenant appears to have resided in the unit for at least 4
  282  continuous weeks without prior written notice to the
  283  association; or
  284         b. No tenant appears to have resided in the unit for 2
  285  consecutive months without prior written notice to the
  286  association, and the association is unable to contact the owner
  287  or determine the whereabouts of the owner after reasonable
  288  inquiry.
  289         2. Except in the case of an emergency, an association may
  290  not enter an abandoned unit until 2 days after notice of the
  291  association’s intent to enter the unit has been mailed or hand
  292  delivered to the owner at the address of the owner as reflected
  293  in the records of the association. The notice may be given by
  294  electronic transmission to a unit owner who has consented to
  295  receive notice by electronic transmission.
  296         3. Any expense incurred by an association pursuant to this
  297  paragraph is chargeable to the unit owner and enforceable as an
  298  assessment pursuant to s. 718.116, and the association may use
  299  its lien authority provided by s. 718.116 to enforce collection
  300  of the expense.
  301         4. The association may petition a court of competent
  302  jurisdiction to appoint a receiver and may lease out an
  303  abandoned unit for the benefit of the association to offset
  304  against the rental income the association’s costs and expenses
  305  of maintaining, preserving, and protecting the unit and the
  306  adjoining common elements, including the costs of the
  307  receivership and all unpaid assessments, interest,
  308  administrative late fees, costs, and reasonable attorney fees.
  309         (11) INSURANCE.—In order to protect the safety, health, and
  310  welfare of the people of the State of Florida and to ensure
  311  consistency in the provision of insurance coverage to
  312  condominiums and their unit owners, this subsection applies to
  313  every residential condominium in the state, regardless of the
  314  date of its declaration of condominium. It is the intent of the
  315  Legislature to encourage lower or stable insurance premiums for
  316  associations described in this subsection.
  317         (j) Any portion of the condominium property that must be
  318  insured by the association against property loss pursuant to
  319  paragraph (f) which is damaged by an insurable event shall be
  320  reconstructed, repaired, or replaced as necessary by the
  321  association as a common expense. In the absence of an insurable
  322  event, responsibility for reconstruction, repair, or replacement
  323  shall be by the association or by the unit owners, as determined
  324  by the provisions of the declaration or bylaws. All property
  325  insurance deductibles, uninsured losses, and other damages in
  326  excess of property insurance coverage under the property
  327  insurance policies maintained by the association are a common
  328  expense of the condominium, except that:
  329         1. A unit owner is responsible for the costs of repair or
  330  replacement of any portion of the condominium property not paid
  331  by insurance proceeds if such damage is caused by intentional
  332  conduct, negligence, or failure to comply with the terms of the
  333  declaration or the rules of the association by a unit owner, the
  334  members of his or her family, unit occupants, tenants, guests,
  335  or invitees, without compromise of the subrogation rights of the
  336  insurer.
  337         2. The provisions of subparagraph 1. regarding the
  338  financial responsibility of a unit owner for the costs of
  339  repairing or replacing other portions of the condominium
  340  property also apply to the costs of repair or replacement of
  341  personal property of other unit owners or the association, as
  342  well as other property, whether real or personal, which the unit
  343  owners are required to insure.
  344         3. To the extent the cost of repair or reconstruction for
  345  which the unit owner is responsible under this paragraph is
  346  reimbursed to the association by insurance proceeds, and the
  347  association has collected the cost of such repair or
  348  reconstruction from the unit owner, the association shall
  349  reimburse the unit owner without the waiver of any rights of
  350  subrogation.
  351         4. The association is not obligated to pay for
  352  reconstruction or repairs of property losses as a common expense
  353  if the property losses were known or should have been known to a
  354  unit owner and were not reported to the association until after
  355  the insurance claim of the association for that property was
  356  settled or resolved with finality, or denied because it was
  357  untimely filed.
  358         (12) OFFICIAL RECORDS.—
  359         (c) The official records of the association are open to
  360  inspection by any association member or the authorized
  361  representative of such member at all reasonable times. The right
  362  to inspect the records includes the right to make or obtain
  363  copies, at the reasonable expense, if any, of the member. The
  364  association may adopt reasonable rules regarding the frequency,
  365  time, location, notice, and manner of record inspections and
  366  copying. The failure of an association to provide the records
  367  within 10 working days after receipt of a written request
  368  creates a rebuttable presumption that the association willfully
  369  failed to comply with this paragraph. A unit owner who is denied
  370  access to official records is entitled to the actual damages or
  371  minimum damages for the association’s willful failure to comply.
  372  Minimum damages are $50 per calendar day for up to 10 days,
  373  beginning on the 11th working day after receipt of the written
  374  request. The failure to permit inspection entitles any person
  375  prevailing in an enforcement action to recover reasonable
  376  attorney fees from the person in control of the records who,
  377  directly or indirectly, knowingly denied access to the records.
  378  Any person who knowingly or intentionally defaces or destroys
  379  accounting records that are required by this chapter to be
  380  maintained during the period for which such records are required
  381  to be maintained, or who knowingly or intentionally fails to
  382  create or maintain accounting records that are required to be
  383  created or maintained, with the intent of causing harm to the
  384  association or one or more of its members, is personally subject
  385  to a civil penalty pursuant to s. 718.501(1)(d). The association
  386  shall maintain an adequate number of copies of the declaration,
  387  articles of incorporation, bylaws, and rules, and all amendments
  388  to each of the foregoing, as well as the question and answer
  389  sheet as described in s. 718.504 and year-end financial
  390  information required under this section, on the condominium
  391  property to ensure their availability to unit owners and
  392  prospective purchasers, and may charge its actual costs for
  393  preparing and furnishing these documents to those requesting the
  394  documents. An association shall allow a member or his or her
  395  authorized representative to use a portable device, including a
  396  smartphone, tablet, portable scanner, or any other technology
  397  capable of scanning or taking photographs, to make an electronic
  398  copy of the official records in lieu of the association’s
  399  providing the member or his or her authorized representative
  400  with a copy of such records. The association may not charge a
  401  member or his or her authorized representative for the use of a
  402  portable device. Notwithstanding this paragraph, the following
  403  records are not accessible to unit owners:
  404         1. Any record protected by the lawyer-client privilege as
  405  described in s. 90.502 and any record protected by the work
  406  product privilege, including a record prepared by an association
  407  attorney or prepared at the attorney’s express direction, which
  408  reflects a mental impression, conclusion, litigation strategy,
  409  or legal theory of the attorney or the association, and which
  410  was prepared exclusively for civil or criminal litigation or for
  411  adversarial administrative proceedings, or which was prepared in
  412  anticipation of such litigation or proceedings until the
  413  conclusion of the litigation or proceedings.
  414         2. Information obtained by an association in connection
  415  with the approval of the lease, sale, or other transfer of a
  416  unit.
  417         3. Personnel records of association or management company
  418  employees, including, but not limited to, disciplinary, payroll,
  419  health, and insurance records. For purposes of this
  420  subparagraph, the term “personnel records” does not include
  421  written employment agreements with an association employee or
  422  management company, or budgetary or financial records that
  423  indicate the compensation paid to an association employee.
  424         4. Medical records of unit owners.
  425         5. Social security numbers, driver’s license numbers,
  426  credit card numbers, e-mail addresses, telephone numbers,
  427  facsimile numbers, emergency contact information, addresses of a
  428  unit owner other than as provided to fulfill the association’s
  429  notice requirements, and other personal identifying information
  430  of any person, excluding the person’s name, unit designation,
  431  mailing address, property address, and any address, e-mail
  432  address, or facsimile number provided to the association to
  433  fulfill the association’s notice requirements. Notwithstanding
  434  the restrictions in this subparagraph, an association may print
  435  and distribute to parcel owners a directory containing the name,
  436  parcel address, and all telephone numbers number of each parcel
  437  owner. However, an owner may exclude his or her telephone number
  438  from the directory by so requesting in writing to the
  439  association. An owner may consent in writing to the disclosure
  440  of other contact information described in this subparagraph. The
  441  association is not liable for the inadvertent disclosure of
  442  information that is protected under this subparagraph if the
  443  information is included in an official record of the association
  444  and is voluntarily provided by an owner and not requested by the
  445  association.
  446         6. Electronic security measures that are used by the
  447  association to safeguard data, including passwords.
  448         7. The software and operating system used by the
  449  association which allow the manipulation of data, even if the
  450  owner owns a copy of the same software used by the association.
  451  The data is part of the official records of the association.
  452         (f) An outgoing board or committee member must relinquish
  453  all official records and property of the association in his or
  454  her possession or under his or her control to the incoming board
  455  within 5 days after the election. The division shall impose a
  456  civil penalty as set forth in s. 718.501(1)(d)6. against an
  457  outgoing board or committee member who willfully and knowingly
  458  fails to relinquish such records and property.
  459         Section 10. Paragraphs (b) and (c) of subsection (2) of
  460  section 718.112, Florida Statutes, are amended to read:
  461         718.112 Bylaws.—
  462         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  463  following and, if they do not do so, shall be deemed to include
  464  the following:
  465         (b) Quorum; voting requirements; proxies.—
  466         1. Unless a lower number is provided in the bylaws, the
  467  percentage of voting interests required to constitute a quorum
  468  at a meeting of the members is a majority of the voting
  469  interests. Unless otherwise provided in this chapter or in the
  470  declaration, articles of incorporation, or bylaws, and except as
  471  provided in subparagraph (d)4., decisions shall be made by a
  472  majority of the voting interests represented at a meeting at
  473  which a quorum is present.
  474         2. Except as specifically otherwise provided herein, unit
  475  owners may not vote by general proxy, but may vote by limited
  476  proxies substantially conforming to a limited proxy form adopted
  477  by the division. A voting interest or consent right allocated to
  478  a unit owned by the association may not be exercised or
  479  considered for any purpose, whether for a quorum, an election,
  480  or otherwise. Limited proxies and general proxies may be used to
  481  establish a quorum. Limited proxies shall be used for votes
  482  taken to waive or reduce reserves in accordance with
  483  subparagraph (f)2.; for votes taken to waive the financial
  484  reporting requirements of s. 718.111(13); for votes taken to
  485  amend the declaration pursuant to s. 718.110; for votes taken to
  486  amend the articles of incorporation or bylaws pursuant to this
  487  section; and for any other matter for which this chapter
  488  requires or permits a vote of the unit owners. Except as
  489  provided in paragraph (d), a proxy, limited or general, may not
  490  be used in the election of board members. General proxies may be
  491  used for other matters for which limited proxies are not
  492  required, and may be used in voting for nonsubstantive changes
  493  to items for which a limited proxy is required and given.
  494  Notwithstanding this subparagraph, unit owners may vote in
  495  person at unit owner meetings. This subparagraph does not limit
  496  the use of general proxies or require the use of limited proxies
  497  for any agenda item or election at any meeting of a timeshare
  498  condominium association.
  499         3. Any proxy given is effective only for the specific
  500  meeting for which originally given and any lawfully adjourned
  501  meetings thereof. A proxy is not valid longer than 90 days after
  502  the date of the first meeting for which it was given and may be
  503  revoked. Every proxy is revocable at any time at the pleasure of
  504  the unit owner executing it.
  505         4. A member of the board of administration or a committee
  506  may submit in writing his or her agreement or disagreement with
  507  any action taken at a meeting that the member did not attend.
  508  This agreement or disagreement may not be used as a vote for or
  509  against the action taken or to create a quorum.
  510         5. A If any of the board or committee member’s
  511  participation in a meeting via telephone, real-time
  512  videoconferencing, or similar real-time electronic or video
  513  communication counts toward a quorum, and such member may vote
  514  as if physically present members meet by telephone conference,
  515  those board or committee members may be counted toward obtaining
  516  a quorum and may vote by telephone. A telephone speaker must be
  517  used so that the conversation of such those members may be heard
  518  by the board or committee members attending in person as well as
  519  by any unit owners present at a meeting.
  520         (c) Board of administration meetings.—Meetings of the board
  521  of administration at which a quorum of the members is present
  522  are open to all unit owners. Members of the board of
  523  administration may use e-mail as a means of communication but
  524  may not cast a vote on an association matter via e-mail. A unit
  525  owner may tape record or videotape the meetings. The right to
  526  attend such meetings includes the right to speak at such
  527  meetings with reference to all designated agenda items. The
  528  division shall adopt reasonable rules governing the tape
  529  recording and videotaping of the meeting. The association may
  530  adopt written reasonable rules governing the frequency,
  531  duration, and manner of unit owner statements.
  532         1. Adequate notice of all board meetings, which must
  533  specifically identify all agenda items, must be posted
  534  conspicuously on the condominium property at least 48 continuous
  535  hours before the meeting except in an emergency. If 20 percent
  536  of the voting interests petition the board to address an item of
  537  business, the board, within 60 days after receipt of the
  538  petition, shall place the item on the agenda at its next regular
  539  board meeting or at a special meeting called for that purpose of
  540  the board, but not later than 60 days after the receipt of the
  541  petition, shall place the item on the agenda. An Any item not
  542  included on the notice may be taken up on an emergency basis by
  543  a vote of at least a majority plus one of the board members.
  544  Such emergency action must be noticed and ratified at the next
  545  regular board meeting. However, written notice of a any meeting
  546  at which a nonemergency special assessment assessments, or an at
  547  which amendment to rules regarding unit use, will be considered
  548  must be mailed, delivered, or electronically transmitted to the
  549  unit owners and posted conspicuously on the condominium property
  550  at least 14 days before the meeting. Evidence of compliance with
  551  this 14-day notice requirement must be made by an affidavit
  552  executed by the person providing the notice and filed with the
  553  official records of the association. Upon notice to the unit
  554  owners, the board shall, by duly adopted rule, designate a
  555  specific location on the condominium or association property
  556  where all notices of board meetings must are to be posted. If
  557  there is no condominium property or association property where
  558  notices can be posted, notices shall be mailed, delivered, or
  559  electronically transmitted to each unit owner at least 14 days
  560  before the meeting to the owner of each unit. In lieu of or in
  561  addition to the physical posting of the notice on the
  562  condominium property, the association may, by reasonable rule,
  563  adopt a procedure for conspicuously posting and repeatedly
  564  broadcasting the notice and the agenda on a closed-circuit cable
  565  television system serving the condominium association. However,
  566  if broadcast notice is used in lieu of a notice physically
  567  posted on condominium property, the notice and agenda must be
  568  broadcast at least four times every broadcast hour of each day
  569  that a posted notice is otherwise required under this section.
  570  If broadcast notice is provided, the notice and agenda must be
  571  broadcast in a manner and for a sufficient continuous length of
  572  time so as to allow an average reader to observe the notice and
  573  read and comprehend the entire content of the notice and the
  574  agenda. Notice of any meeting in which regular or special
  575  assessments against unit owners are to be considered for any
  576  reason must specifically state that assessments will be
  577  considered and provide the nature, estimated cost, and
  578  description of the purposes for such assessments.
  579         2. Meetings of a committee to take final action on behalf
  580  of the board or make recommendations to the board regarding the
  581  association budget are subject to this paragraph. Meetings of a
  582  committee that does not take final action on behalf of the board
  583  or make recommendations to the board regarding the association
  584  budget are subject to this section, unless those meetings are
  585  exempted from this section by the bylaws of the association.
  586         3. Notwithstanding any other law, the requirement that
  587  board meetings and committee meetings be open to the unit owners
  588  does not apply to:
  589         a. Meetings between the board or a committee and the
  590  association’s attorney, with respect to proposed or pending
  591  litigation, if the meeting is held for the purpose of seeking or
  592  rendering legal advice; or
  593         b. Board meetings held for the purpose of discussing
  594  personnel matters.
  595         Section 11. Paragraph (a) of subsection (1) of section
  596  718.116, Florida Statutes, is amended to read:
  597         718.116 Assessments; liability; lien and priority;
  598  interest; collection.—
  599         (1)(a) A unit owner, regardless of how his or her title has
  600  been acquired, including by purchase at a foreclosure sale or by
  601  deed in lieu of foreclosure, is liable for all assessments which
  602  come due while he or she is the unit owner. Additionally, a unit
  603  owner is jointly and severally liable with the previous owner
  604  for all unpaid assessments that came due up to the time of
  605  transfer of title, as well as interest, late charges, and
  606  reasonable costs and attorney fees incurred by the association
  607  incident to the collection process. This liability is without
  608  prejudice to any right the owner may have to recover from the
  609  previous owner the amounts paid by the owner. For the purposes
  610  of this paragraph, the term “previous owner” does not include an
  611  association that acquires title to a delinquent property through
  612  foreclosure or by deed in lieu of foreclosure. The present
  613  parcel owner’s liability for unpaid assessments, interest, late
  614  charges, and reasonable costs and attorney fees incurred by the
  615  association incident to the collection process is limited to
  616  those amounts that accrued before the association acquired title
  617  to the delinquent property through foreclosure or by deed in
  618  lieu of foreclosure.
  619         Section 12. Section 718.707, Florida Statutes, is amended
  620  to read:
  621         718.707 Time limitation for classification as bulk assignee
  622  or bulk buyer.—A person acquiring condominium parcels may not be
  623  classified as a bulk assignee or bulk buyer unless the
  624  condominium parcels were acquired on or after July 1, 2010, but
  625  before July 1, 2016 2015. The date of such acquisition shall be
  626  determined by the date of recording a deed or other instrument
  627  of conveyance for such parcels in the public records of the
  628  county in which the condominium is located, or by the date of
  629  issuing a certificate of title in a foreclosure proceeding with
  630  respect to such condominium parcels.
  631         Section 13. Paragraph (c) of subsection (2) and subsection
  632  (4) of section 719.104, Florida Statutes, are amended, and
  633  paragraph (e) is added to subsection (4) of that section, to
  634  read:
  635         719.104 Cooperatives; access to units; records; financial
  636  reports; assessments; purchase of leases.—
  637         (2) OFFICIAL RECORDS.—
  638         (c) The official records of the association are open to
  639  inspection by any association member or the authorized
  640  representative of such member at all reasonable times. The right
  641  to inspect the records includes the right to make or obtain
  642  copies, at the reasonable expense, if any, of the association
  643  member. The association may adopt reasonable rules regarding the
  644  frequency, time, location, notice, and manner of record
  645  inspections and copying. The failure of an association to
  646  provide the records within 10 working days after receipt of a
  647  written request creates a rebuttable presumption that the
  648  association willfully failed to comply with this paragraph. A
  649  unit owner who is denied access to official records is entitled
  650  to the actual damages or minimum damages for the association’s
  651  willful failure to comply. The minimum damages are $50 per
  652  calendar day for up to 10 days, beginning on the 11th working
  653  day after receipt of the written request. The failure to permit
  654  inspection entitles any person prevailing in an enforcement
  655  action to recover reasonable attorney fees from the person in
  656  control of the records who, directly or indirectly, knowingly
  657  denied access to the records. Any person who knowingly or
  658  intentionally defaces or destroys accounting records that are
  659  required by this chapter to be maintained during the period for
  660  which such records are required to be maintained, or who
  661  knowingly or intentionally fails to create or maintain
  662  accounting records that are required to be created or
  663  maintained, with the intent of causing harm to the association
  664  or one or more of its members, is personally subject to a civil
  665  penalty pursuant to s. 719.501(1)(d). The association shall
  666  maintain an adequate number of copies of the declaration,
  667  articles of incorporation, bylaws, and rules, and all amendments
  668  to each of the foregoing, as well as the question and answer
  669  sheet as described in s. 719.504 and year-end financial
  670  information required by the department, on the cooperative
  671  property to ensure their availability to unit owners and
  672  prospective purchasers, and may charge its actual costs for
  673  preparing and furnishing these documents to those requesting the
  674  same. An association shall allow a member or his or her
  675  authorized representative to use a portable device, including a
  676  smartphone, tablet, portable scanner, or any other technology
  677  capable of scanning or taking photographs, to make an electronic
  678  copy of the official records in lieu of the association
  679  providing the member or his or her authorized representative
  680  with a copy of such records. The association may not charge a
  681  member or his or her authorized representative for the use of a
  682  portable device. Notwithstanding this paragraph, the following
  683  records shall not be accessible to unit owners:
  684         1. Any record protected by the lawyer-client privilege as
  685  described in s. 90.502 and any record protected by the work
  686  product privilege, including any record prepared by an
  687  association attorney or prepared at the attorney’s express
  688  direction which reflects a mental impression, conclusion,
  689  litigation strategy, or legal theory of the attorney or the
  690  association, and which was prepared exclusively for civil or
  691  criminal litigation or for adversarial administrative
  692  proceedings, or which was prepared in anticipation of such
  693  litigation or proceedings until the conclusion of the litigation
  694  or proceedings.
  695         2. Information obtained by an association in connection
  696  with the approval of the lease, sale, or other transfer of a
  697  unit.
  698         3. Personnel records of association or management company
  699  employees, including, but not limited to, disciplinary, payroll,
  700  health, and insurance records. For purposes of this
  701  subparagraph, the term “personnel records” does not include
  702  written employment agreements with an association employee or
  703  management company, or budgetary or financial records that
  704  indicate the compensation paid to an association employee.
  705         4. Medical records of unit owners.
  706         5. Social security numbers, driver license numbers, credit
  707  card numbers, e-mail addresses, telephone numbers, facsimile
  708  numbers, emergency contact information, addresses of a unit
  709  owner other than as provided to fulfill the association’s notice
  710  requirements, and other personal identifying information of any
  711  person, excluding the person’s name, unit designation, mailing
  712  address, property address, and any address, e-mail address, or
  713  facsimile number provided to the association to fulfill the
  714  association’s notice requirements. Notwithstanding the
  715  restrictions in this subparagraph, an association may print and
  716  distribute to parcel owners a directory containing the name,
  717  parcel address, and all telephone numbers number of each parcel
  718  owner. However, an owner may exclude his or her telephone number
  719  from the directory by so requesting in writing to the
  720  association. An owner may consent in writing to the disclosure
  721  of other contact information described in this subparagraph. The
  722  association is not liable for the inadvertent disclosure of
  723  information that is protected under this subparagraph if the
  724  information is included in an official record of the association
  725  and is voluntarily provided by an owner and not requested by the
  726  association.
  727         6. Electronic security measures that are used by the
  728  association to safeguard data, including passwords.
  729         7. The software and operating system used by the
  730  association which allow the manipulation of data, even if the
  731  owner owns a copy of the same software used by the association.
  732  The data is part of the official records of the association.
  733         (e) An outgoing board or committee member must relinquish
  734  all official records and property of the association in his or
  735  her possession or under his or her control to the incoming board
  736  within 5 days after the election. The division shall impose a
  737  civil penalty as set forth in s. 719.501(1)(d) against an
  738  outgoing board or committee member who willfully and knowingly
  739  fails to relinquish such records and property.
  740         (4) FINANCIAL REPORT.—
  741         (a) Within 90 60 days following the end of the fiscal or
  742  calendar year or annually on such date as is otherwise provided
  743  in the bylaws of the association, the board of administration of
  744  the association shall prepare and complete, or contract with a
  745  third party to prepare and complete, a financial report covering
  746  the preceding fiscal or calendar year. Within 21 days after the
  747  financial report is completed by the association or received
  748  from the third party, but no later than 120 days after the end
  749  of the fiscal year, calendar year, or other date provided in the
  750  bylaws, the association shall provide each member with a copy of
  751  the annual financial report or a written notice that a copy of
  752  the financial report is available upon request at no charge to
  753  the member. The division shall adopt rules setting forth uniform
  754  accounting principles, standards, and reporting requirements
  755  mail or furnish by personal delivery to each unit owner a
  756  complete financial report of actual receipts and expenditures
  757  for the previous 12 months, or a complete set of financial
  758  statements for the preceding fiscal year prepared in accordance
  759  with generally accepted accounting procedures. The report shall
  760  show the amounts of receipts by accounts and receipt
  761  classifications and shall show the amounts of expenses by
  762  accounts and expense classifications including, if applicable,
  763  but not limited to, the following:
  764         1. Costs for security;
  765         2. Professional and management fees and expenses;
  766         3. Taxes;
  767         4. Costs for recreation facilities;
  768         5. Expenses for refuse collection and utility services;
  769         6. Expenses for lawn care;
  770         7. Costs for building maintenance and repair;
  771         8. Insurance costs;
  772         9. Administrative and salary expenses; and
  773         10. Reserves for capital expenditures, deferred
  774  maintenance, and any other category for which the association
  775  maintains a reserve account or accounts.
  776         (b) Except as provided in paragraph (c), an association
  777  whose total annual revenues meet the criteria of this paragraph
  778  shall prepare or cause to be prepared a complete financial
  779  statement according to the generally accepted accounting
  780  principles adopted by the Board of Accountancy. The financial
  781  statement shall be as follows:
  782         1. An association with total annual revenues between
  783  $150,000 and $299,999 shall prepare a compiled financial
  784  statement.
  785         2. An association with total annual revenues between
  786  $300,000 and $499,999 shall prepare a reviewed financial
  787  statement.
  788         3. An association with total annual revenues of $500,000 or
  789  more shall prepare an audited financial statement The division
  790  shall adopt rules that may require that the association deliver
  791  to the unit owners, in lieu of the financial report required by
  792  this section, a complete set of financial statements for the
  793  preceding fiscal year. The financial statements shall be
  794  delivered within 90 days following the end of the previous
  795  fiscal year or annually on such other date as provided in the
  796  bylaws. The rules of the division may require that the financial
  797  statements be compiled, reviewed, or audited, and the rules
  798  shall take into consideration the criteria set forth in s.
  799  719.501(1)(j).
  800  
  801  The requirement to have the financial statement statements
  802  compiled, reviewed, or audited does not apply to an association
  803  associations if a majority of the voting interests of the
  804  association present at a duly called meeting of the association
  805  have voted determined for a fiscal year to waive this
  806  requirement for the fiscal year. In an association in which
  807  turnover of control by the developer has not occurred, the
  808  developer may vote to waive the audit requirement for the first
  809  2 years of the operation of the association, after which time
  810  waiver of an applicable audit requirement shall be by a majority
  811  of voting interests other than the developer. The meeting shall
  812  be held prior to the end of the fiscal year, and the waiver
  813  shall be effective for only one fiscal year. An association may
  814  not waive the financial reporting requirements of this section
  815  for more than 3 consecutive years This subsection does not apply
  816  to a cooperative that consists of 50 or fewer units.
  817         (c)1. An association with total annual revenues of less
  818  than $150,000 shall prepare a report of cash receipts and
  819  expenditures.
  820         2. An association in a community of fewer than 50 units,
  821  regardless of the association’s annual revenues, shall prepare a
  822  report of cash receipts and expenditures in lieu of the
  823  financial statement required by paragraph (b), unless the
  824  declaration or other recorded governing documents provide
  825  otherwise.
  826         3. A report of cash receipts and expenditures must disclose
  827  the amount of receipts by accounts and receipt classifications
  828  and the amount of expenses by accounts and expense
  829  classifications, including the following, as applicable: costs
  830  for security; professional and management fees and expenses;
  831  taxes; costs for recreation facilities; expenses for refuse
  832  collection and utility services; expenses for lawn care; costs
  833  for building maintenance and repair; insurance costs;
  834  administration and salary expenses; and reserves, if maintained
  835  by the association.
  836         (d) If at least 20 percent of the unit owners petition the
  837  board for a greater level of financial reporting than that
  838  required by this section, the association shall duly notice and
  839  hold a meeting of members within 30 days after receipt of the
  840  petition to vote on raising the level of reporting for that
  841  fiscal year. Upon approval by a majority of the voting interests
  842  represented at a meeting at which a quorum of unit owners is
  843  present, the association shall prepare an amended budget or
  844  shall adopt a special assessment to pay for the financial report
  845  regardless of any provision to the contrary in the declaration
  846  or other recorded governing documents. In addition, the
  847  association shall provide within 90 days after the meeting or
  848  the end of the fiscal year, whichever occurs later:
  849         1. A compiled, reviewed, or audited financial statement, if
  850  the association is otherwise required to prepare a report of
  851  cash receipts and expenditures;
  852         2. A reviewed or audited financial statement, if the
  853  association is otherwise required to prepare a compiled
  854  financial statement; or
  855         3. An audited financial statement, if the association is
  856  otherwise required to prepare a reviewed financial statement.
  857         (e) If approved by a majority of the voting interests
  858  present at a properly called meeting of the association, an
  859  association may prepare or cause to be prepared:
  860         1. A report of cash receipts and expenditures in lieu of a
  861  compiled, reviewed, or audited financial statement;
  862         2. A report of cash receipts and expenditures or a compiled
  863  financial statement in lieu of a reviewed or audited financial
  864  statement; or
  865         3. A report of cash receipts and expenditures, a compiled
  866  financial statement, or a reviewed financial statement in lieu
  867  of an audited financial statement.
  868         Section 14. Paragraph (a) of subsection (1) of section
  869  719.106, Florida Statutes, is amended to read:
  870         719.106 Bylaws; cooperative ownership.—
  871         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  872  documents shall provide for the following, and if they do not,
  873  they shall be deemed to include the following:
  874         (a) Administration.—
  875         1. The form of administration of the association shall be
  876  described, indicating the titles of the officers and board of
  877  administration and specifying the powers, duties, manner of
  878  selection and removal, and compensation, if any, of officers and
  879  board members. In the absence of such a provision, the board of
  880  administration shall be composed of five members, except in the
  881  case of cooperatives having five or fewer units, in which case
  882  in not-for-profit corporations, the board shall consist of not
  883  fewer than three members. In the absence of provisions to the
  884  contrary, the board of administration shall have a president, a
  885  secretary, and a treasurer, who shall perform the duties of
  886  those offices customarily performed by officers of corporations.
  887  Unless prohibited in the bylaws, the board of administration may
  888  appoint other officers and grant them those duties it deems
  889  appropriate. Unless otherwise provided in the bylaws, the
  890  officers shall serve without compensation and at the pleasure of
  891  the board. Unless otherwise provided in the bylaws, the members
  892  of the board shall serve without compensation.
  893         2. A person who has been suspended or removed by the
  894  division under this chapter, or who is delinquent in the payment
  895  of any monetary obligation due to the association, is not
  896  eligible to be a candidate for board membership and may not be
  897  listed on the ballot. A director or officer charged by
  898  information or indictment with a felony theft or embezzlement
  899  offense involving the association’s funds or property is
  900  suspended from office. The board shall fill the vacancy
  901  according to general law until the end of the period of the
  902  suspension or the end of the director’s term of office,
  903  whichever occurs first. However, if the charges are resolved
  904  without a finding of guilt or without acceptance of a plea of
  905  guilty or nolo contendere, the director or officer shall be
  906  reinstated for any remainder of his or her term of office. A
  907  member who has such criminal charges pending may not be
  908  appointed or elected to a position as a director or officer. A
  909  person who has been convicted of any felony in this state or in
  910  any United States District Court, or who has been convicted of
  911  any offense in another jurisdiction which would be considered a
  912  felony if committed in this state, is not eligible for board
  913  membership unless such felon’s civil rights have been restored
  914  for at least 5 years as of the date such person seeks election
  915  to the board. The validity of an action by the board is not
  916  affected if it is later determined that a board member is
  917  ineligible for board membership due to having been convicted of
  918  a felony.
  919         3.2. When a unit owner files a written inquiry by certified
  920  mail with the board of administration, the board shall respond
  921  in writing to the unit owner within 30 days of receipt of the
  922  inquiry. The board’s response shall either give a substantive
  923  response to the inquirer, notify the inquirer that a legal
  924  opinion has been requested, or notify the inquirer that advice
  925  has been requested from the division. If the board requests
  926  advice from the division, the board shall, within 10 days of its
  927  receipt of the advice, provide in writing a substantive response
  928  to the inquirer. If a legal opinion is requested, the board
  929  shall, within 60 days after the receipt of the inquiry, provide
  930  in writing a substantive response to the inquirer. The failure
  931  to provide a substantive response to the inquirer as provided
  932  herein precludes the board from recovering attorney attorney’s
  933  fees and costs in any subsequent litigation, administrative
  934  proceeding, or arbitration arising out of the inquiry. The
  935  association may, through its board of administration, adopt
  936  reasonable rules and regulations regarding the frequency and
  937  manner of responding to the unit owners’ inquiries, one of which
  938  may be that the association is obligated to respond to only one
  939  written inquiry per unit in any given 30-day period. In such
  940  case, any additional inquiry or inquiries must be responded to
  941  in the subsequent 30-day period, or periods, as applicable.
  942         Section 15. Subsection (1) of section 719.108, Florida
  943  Statutes, is amended to read:
  944         719.108 Rents and assessments; liability; lien and
  945  priority; interest; collection; cooperative ownership.—
  946         (1) A unit owner, regardless of how title is acquired,
  947  including, without limitation, a purchaser at a judicial sale,
  948  shall be liable for all rents and assessments coming due while
  949  the unit owner is in exclusive possession of a unit. In a
  950  voluntary transfer, the unit owner in exclusive possession shall
  951  be jointly and severally liable with the previous unit owner for
  952  all unpaid rents and assessments against the previous unit owner
  953  for his or her share of the common expenses up to the time of
  954  the transfer, as well as interest, late charges, and reasonable
  955  costs and attorney fees incurred by the association incident to
  956  the collection process without prejudice to the rights of the
  957  unit owner in exclusive possession to recover from the previous
  958  unit owner the amounts paid by the unit owner in exclusive
  959  possession therefor. For the purposes of this paragraph, the
  960  term “previous owner” does not include an association that
  961  acquires title to a delinquent property through foreclosure or
  962  by deed in lieu of foreclosure. The present parcel owner’s
  963  liability for unpaid rents and assessments, interest, late
  964  charges, and reasonable costs and attorney fees incurred by the
  965  association incident to the collection process is limited to
  966  those amounts that accrued before the association acquired title
  967  to the delinquent property through foreclosure or by deed in
  968  lieu of foreclosure.
  969         Section 16. Section 719.128, Florida Statutes, is created
  970  to read:
  971         719.128 Association emergency powers.—
  972         (1) To the extent allowed by law, unless specifically
  973  prohibited by the cooperative documents, and consistent with s.
  974  617.0830, the board of administration, in response to damage
  975  caused by an event for which a state of emergency is declared
  976  pursuant to s. 252.36 in the area encompassed by the
  977  cooperative, may exercise the following powers:
  978         (a) Conduct board or membership meetings after notice of
  979  the meetings and board decisions is provided in as practicable a
  980  manner as possible, including via publication, radio, United
  981  States mail, the Internet, public service announcements,
  982  conspicuous posting on the cooperative property, or any other
  983  means the board deems appropriate under the circumstances.
  984         (b) Cancel and reschedule an association meeting.
  985         (c) Designate assistant officers who are not directors. If
  986  the executive officer is incapacitated or unavailable, the
  987  assistant officer has the same authority during the state of
  988  emergency as the executive officer he or she assists.
  989         (d) Relocate the association’s principal office or
  990  designate an alternative principal office.
  991         (e) Enter into agreements with counties and municipalities
  992  to assist counties and municipalities with debris removal.
  993         (f) Implement a disaster plan before or immediately
  994  following the event for which a state of emergency is declared,
  995  which may include turning on or shutting off elevators;
  996  electricity; water, sewer, or security systems; or air
  997  conditioners for association buildings.
  998         (g) Based upon the advice of emergency management officials
  999  or upon the advice of licensed professionals retained by the
 1000  board of administration, determine any portion of the
 1001  cooperative property unavailable for entry or occupancy by unit
 1002  owners or their family members, tenants, guests, agents, or
 1003  invitees to protect their health, safety, or welfare.
 1004         (h) Based upon the advice of emergency management officials
 1005  or upon the advice of licensed professionals retained by the
 1006  board of administration, determine whether the cooperative
 1007  property can be safely inhabited or occupied. However, such
 1008  determination is not conclusive as to any determination of
 1009  habitability pursuant to the declaration.
 1010         (i) Require the evacuation of the cooperative property in
 1011  the event of a mandatory evacuation order in the area where the
 1012  cooperative is located. If a unit owner or other occupant of a
 1013  cooperative fails to evacuate the cooperative property for which
 1014  the board has required evacuation, the association is immune
 1015  from liability for injury to persons or property arising from
 1016  such failure.
 1017         (j) Mitigate further damage, including taking action to
 1018  contract for the removal of debris and to prevent or mitigate
 1019  the spread of fungus, including mold or mildew, by removing and
 1020  disposing of wet drywall, insulation, carpet, cabinetry, or
 1021  other fixtures on or within the cooperative property, regardless
 1022  of whether the unit owner is obligated by the declaration or law
 1023  to insure or replace those fixtures and to remove personal
 1024  property from a unit.
 1025         (k) Contract, on behalf of a unit owner, for items or
 1026  services for which the owner is otherwise individually
 1027  responsible, but which are necessary to prevent further damage
 1028  to the cooperative property. In such event, the unit owner on
 1029  whose behalf the board has contracted is responsible for
 1030  reimbursing the association for the actual costs of the items or
 1031  services, and the association may use its lien authority
 1032  provided by s. 719.108 to enforce collection of the charges.
 1033  Such items or services may include the drying of the unit, the
 1034  boarding of broken windows or doors, and the replacement of a
 1035  damaged air conditioner or air handler to provide climate
 1036  control in the unit or other portions of the property.
 1037         (l) Notwithstanding a provision to the contrary, and
 1038  regardless of whether such authority does not specifically
 1039  appear in the cooperative documents, levy special assessments
 1040  without a vote of the owners.
 1041         (m) Without unit owners’ approval, borrow money and pledge
 1042  association assets as collateral to fund emergency repairs and
 1043  carry out the duties of the association if operating funds are
 1044  insufficient. This paragraph does not limit the general
 1045  authority of the association to borrow money, subject to such
 1046  restrictions contained in the cooperative documents.
 1047         (2) The authority granted under subsection (1) is limited
 1048  to that time reasonably necessary to protect the health, safety,
 1049  and welfare of the association and the unit owners and their
 1050  family members, tenants, guests, agents, or invitees, and to
 1051  mitigate further damage and make emergency repairs.
 1052         Section 17. Paragraph (c) of subsection (5) of section
 1053  720.303, Florida Statutes, is amended to read:
 1054         720.303 Association powers and duties; meetings of board;
 1055  official records; budgets; financial reporting; association
 1056  funds; recalls.—
 1057         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1058  shall be maintained within the state for at least 7 years and
 1059  shall be made available to a parcel owner for inspection or
 1060  photocopying within 45 miles of the community or within the
 1061  county in which the association is located within 10 business
 1062  days after receipt by the board or its designee of a written
 1063  request. This subsection may be complied with by having a copy
 1064  of the official records available for inspection or copying in
 1065  the community or, at the option of the association, by making
 1066  the records available to a parcel owner electronically via the
 1067  Internet or by allowing the records to be viewed in electronic
 1068  format on a computer screen and printed upon request. If the
 1069  association has a photocopy machine available where the records
 1070  are maintained, it must provide parcel owners with copies on
 1071  request during the inspection if the entire request is limited
 1072  to no more than 25 pages. An association shall allow a member or
 1073  his or her authorized representative to use a portable device,
 1074  including a smartphone, tablet, portable scanner, or any other
 1075  technology capable of scanning or taking photographs, to make an
 1076  electronic copy of the official records in lieu of the
 1077  association’s providing the member or his or her authorized
 1078  representative with a copy of such records. The association may
 1079  not charge a fee to a member or his or her authorized
 1080  representative for the use of a portable device.
 1081         (c) The association may adopt reasonable written rules
 1082  governing the frequency, time, location, notice, records to be
 1083  inspected, and manner of inspections, but may not require a
 1084  parcel owner to demonstrate any proper purpose for the
 1085  inspection, state any reason for the inspection, or limit a
 1086  parcel owner’s right to inspect records to less than one 8-hour
 1087  business day per month. The association may impose fees to cover
 1088  the costs of providing copies of the official records, including
 1089  the costs of copying and the costs required for personnel to
 1090  retrieve and copy the records if the time spent retrieving and
 1091  copying the records exceeds one-half hour and if the personnel
 1092  costs do not exceed $20 per hour. Personnel costs may not be
 1093  charged for records requests that result in the copying of 25 or
 1094  fewer pages. The association may charge up to 25 cents per page
 1095  for copies made on the association’s photocopier. If the
 1096  association does not have a photocopy machine available where
 1097  the records are kept, or if the records requested to be copied
 1098  exceed 25 pages in length, the association may have copies made
 1099  by an outside duplicating service and may charge the actual cost
 1100  of copying, as supported by the vendor invoice. The association
 1101  shall maintain an adequate number of copies of the recorded
 1102  governing documents, to ensure their availability to members and
 1103  prospective members. Notwithstanding this paragraph, the
 1104  following records are not accessible to members or parcel
 1105  owners:
 1106         1. Any record protected by the lawyer-client privilege as
 1107  described in s. 90.502 and any record protected by the work
 1108  product privilege, including, but not limited to, a record
 1109  prepared by an association attorney or prepared at the
 1110  attorney’s express direction which reflects a mental impression,
 1111  conclusion, litigation strategy, or legal theory of the attorney
 1112  or the association and which was prepared exclusively for civil
 1113  or criminal litigation or for adversarial administrative
 1114  proceedings or which was prepared in anticipation of such
 1115  litigation or proceedings until the conclusion of the litigation
 1116  or proceedings.
 1117         2. Information obtained by an association in connection
 1118  with the approval of the lease, sale, or other transfer of a
 1119  parcel.
 1120         3. Personnel records of association or management company
 1121  employees, including, but not limited to, disciplinary, payroll,
 1122  health, and insurance records. For purposes of this
 1123  subparagraph, the term “personnel records” does not include
 1124  written employment agreements with an association or management
 1125  company employee or budgetary or financial records that indicate
 1126  the compensation paid to an association or management company
 1127  employee.
 1128         4. Medical records of parcel owners or community residents.
 1129         5. Social security numbers, driver license numbers, credit
 1130  card numbers, electronic mailing addresses, telephone numbers,
 1131  facsimile numbers, emergency contact information, any addresses
 1132  for a parcel owner other than as provided for association notice
 1133  requirements, and other personal identifying information of any
 1134  person, excluding the person’s name, parcel designation, mailing
 1135  address, and property address. Notwithstanding the restrictions
 1136  in this subparagraph, an association may print and distribute to
 1137  parcel owners a directory containing the name, parcel address,
 1138  and all telephone numbers number of each parcel owner. However,
 1139  an owner may exclude his or her telephone number from the
 1140  directory by so requesting in writing to the association. An
 1141  owner may consent in writing to the disclosure of other contact
 1142  information described in this subparagraph. The association is
 1143  not liable for the disclosure of information that is protected
 1144  under this subparagraph if the information is included in an
 1145  official record of the association and is voluntarily provided
 1146  by an owner and not requested by the association.
 1147         6. Any electronic security measure that is used by the
 1148  association to safeguard data, including passwords.
 1149         7. The software and operating system used by the
 1150  association which allows the manipulation of data, even if the
 1151  owner owns a copy of the same software used by the association.
 1152  The data is part of the official records of the association.
 1153         Section 18. Paragraph (b) of subsection (1) of section
 1154  720.306, Florida Statutes, is amended to read:
 1155         720.306 Meetings of members; voting and election
 1156  procedures; amendments.—
 1157         (1) QUORUM; AMENDMENTS.—
 1158         (b) Unless otherwise provided in the governing documents or
 1159  required by law, and other than those matters set forth in
 1160  paragraph (c), any governing document of an association may be
 1161  amended by the affirmative vote of two-thirds of the voting
 1162  interests of the association. Within 30 days after recording an
 1163  amendment to the governing documents, the association shall
 1164  provide copies of the amendment to the members. Further, if a
 1165  copy of the proposed amendment had been previously provided to
 1166  the members before the vote of the members on the amendment and
 1167  the proposed amendment was not changed before the vote of the
 1168  members, the association may, in lieu of providing a copy of the
 1169  amendment, provide notice that the amendment was adopted,
 1170  provide in the notice the official book and page number or
 1171  instrument number of the recorded amendment, and provide notice
 1172  that a copy of the amendment is available at no charge to the
 1173  member upon written request to the association. The copies and
 1174  notice described herein may be provided electronically to those
 1175  owners who have consented to receive notice electronically.
 1176         Section 19. Paragraph (b) of subsection (2) of section
 1177  720.3085, Florida Statutes, is amended to read:
 1178         720.3085 Payment for assessments; lien claims.—
 1179         (2)(b) A parcel owner is jointly and severally liable with
 1180  the previous parcel owner for all unpaid assessments that came
 1181  due up to the time of transfer of title, as well as interest,
 1182  late charges, and reasonable costs and attorney fees incurred by
 1183  the association incident to the collection process. This
 1184  liability is without prejudice to any right the present parcel
 1185  owner may have to recover any amounts paid by the present owner
 1186  from the previous owner. For the purposes of this paragraph, the
 1187  term “previous owner” shall not include an association that
 1188  acquires title to a delinquent property through foreclosure or
 1189  by deed in lieu of foreclosure. The present parcel owner’s
 1190  liability for unpaid assessments, interest, late charges, and
 1191  reasonable costs and attorney fees incurred by the association
 1192  incident to the collection process is limited to those amounts
 1193  any unpaid assessments that accrued before the association
 1194  acquired title to the delinquent property through foreclosure or
 1195  by deed in lieu of foreclosure.
 1196         Section 20. Section 720.316, Florida Statutes, is created
 1197  to read:
 1198         720.316 Association emergency powers.—
 1199         (1) To the extent allowed by law, unless specifically
 1200  prohibited by the declaration or other recorded governing
 1201  documents, and consistent with s. 617.0830, the board of
 1202  directors, in response to damage caused by an event for which a
 1203  state of emergency is declared pursuant to s. 252.36 in the area
 1204  encompassed by the association, may exercise the following
 1205  powers:
 1206         (a) Conduct board or membership meetings after notice of
 1207  the meetings and board decisions is provided in as practicable a
 1208  manner as possible, including via publication, radio, United
 1209  States mail, the Internet, public service announcements,
 1210  conspicuous posting on the association property, or any other
 1211  means the board deems appropriate under the circumstances.
 1212         (b) Cancel and reschedule an association meeting.
 1213         (c) Designate assistant officers who are not directors. If
 1214  the executive officer is incapacitated or unavailable, the
 1215  assistant officer has the same authority during the state of
 1216  emergency as the executive officer he or she assists.
 1217         (d) Relocate the association’s principal office or
 1218  designate an alternative principal office.
 1219         (e) Enter into agreements with counties and municipalities
 1220  to assist counties and municipalities with debris removal.
 1221         (f) Implement a disaster plan before or immediately
 1222  following the event for which a state of emergency is declared,
 1223  which may include, but is not limited to, turning on or shutting
 1224  off elevators; electricity; water, sewer, or security systems;
 1225  or air conditioners for association buildings.
 1226         (g) Based upon the advice of emergency management officials
 1227  or upon the advice of licensed professionals retained by the
 1228  board, determine any portion of the association property
 1229  unavailable for entry or occupancy by owners or their family
 1230  members, tenants, guests, agents, or invitees to protect their
 1231  health, safety, or welfare.
 1232         (h) Based upon the advice of emergency management officials
 1233  or upon the advice of licensed professionals retained by the
 1234  board, determine whether the association property can be safely
 1235  inhabited or occupied. However, such determination is not
 1236  conclusive as to any determination of habitability pursuant to
 1237  the declaration.
 1238         (i) Mitigate further damage, including taking action to
 1239  contract for the removal of debris and to prevent or mitigate
 1240  the spread of fungus, including, mold or mildew, by removing and
 1241  disposing of wet drywall, insulation, carpet, cabinetry, or
 1242  other fixtures on or within the association property.
 1243         (j) Notwithstanding a provision to the contrary, and
 1244  regardless of whether such authority does not specifically
 1245  appear in the declaration or other recorded governing documents,
 1246  levy special assessments without a vote of the owners.
 1247         (k) Without owners’ approval, borrow money and pledge
 1248  association assets as collateral to fund emergency repairs and
 1249  carry out the duties of the association if operating funds are
 1250  insufficient. This paragraph does not limit the general
 1251  authority of the association to borrow money, subject to such
 1252  restrictions contained in the declaration or other recorded
 1253  governing documents.
 1254         (2) The authority granted under subsection (1) is limited
 1255  to that time reasonably necessary to protect the health, safety,
 1256  and welfare of the association and the parcel owners and their
 1257  family members, tenants, guests, agents, or invitees, and to
 1258  mitigate further damage and make emergency repairs.
 1259         Section 21. This act shall take effect July 1, 2014.
 1260  
 1261  ================= T I T L E  A M E N D M E N T ================
 1262  And the title is amended as follows:
 1263         Delete everything before the enacting clause
 1264  and insert:
 1265                        A bill to be entitled                      
 1266         An act relating to residential properties; amending s.
 1267         509.013, F.S.; replacing reference to timeshare plan
 1268         with timeshare project; amending s. 509.032, F.S.;
 1269         providing that timeshare projects are not subject to
 1270         annual inspection requirements; amending s. 509.221,
 1271         F.S.; providing that certain public lodging
 1272         establishment requirements do not apply to timeshare
 1273         projects; amending s. 509.241, F.S.; providing a
 1274         condominium association that does not include any
 1275         units classified as a timeshare project is not
 1276         required to apply for or receive a public lodging
 1277         establishment license; amending s. 509.242, F.S.;
 1278         providing a definition of the term “timeshare
 1279         project”; deleting the reference to timeshare plans in
 1280         the definition of the term “vacation rental”; amending
 1281         s. 509.251, F.S.; providing that timeshare projects
 1282         within separate buildings or at separate locations but
 1283         managed by one licensed agent may be combined in a
 1284         single license application; amending s. 712.05, F.S.;
 1285         clarifying existing law relating to marketable record
 1286         title; amending s. 718.110, F.S.; providing that an
 1287         amendment to a declaration relating to rental
 1288         condominium units does not apply to unit owners who
 1289         vote against the amendment; amending s. 718.111, F.S.;
 1290         providing authority to an association to inspect and
 1291         repair abandoned condominium units; providing
 1292         conditions to determine if a unit is abandoned;
 1293         providing a mechanism for an association to recover
 1294         costs associated with maintaining an abandoned unit;
 1295         providing that in the absence of an insurable event,
 1296         the association or unit owners are responsible for
 1297         repairs; providing that an owner may consent in
 1298         writing to the disclosure of certain contact
 1299         information; requiring an outgoing condominium
 1300         association board or committee member to relinquish
 1301         all official records and property of the association
 1302         within a specified time; providing a civil penalty for
 1303         failing to relinquish such records and property;
 1304         amending s. 718.112, F.S.; providing that a board or
 1305         committee member’s participation in a meeting via
 1306         real-time videoconferencing, Internet-enabled
 1307         videoconferencing, or similar electronic or video
 1308         communication counts toward a quorum and that such
 1309         member may vote as if physically present; prohibiting
 1310         the board from voting via e-mail; amending s. 718.116
 1311         F.S.; revising the liabilities of the unit owner and
 1312         the previous owner; excluding specified association
 1313         from certain liability; limiting the present owner’s
 1314         liability; amending s. 718.707, F.S.; extending the
 1315         date by which a condominium parcel must be acquired in
 1316         order for a person to be classified as a bulk assignee
 1317         or bulk buyer; amending s. 719.104, F.S.; providing
 1318         that an owner may consent in writing to the disclosure
 1319         of certain contact information; requiring an outgoing
 1320         cooperative association board or committee member to
 1321         relinquish all official records and property of the
 1322         association within a specified time; providing a civil
 1323         penalty for failing to relinquish such records and
 1324         property; providing dates by which financial reports
 1325         for an association must be completed; specifying that
 1326         members must receive copies of financial reports;
 1327         requiring specific types of financial statements for
 1328         associations of varying sizes; providing exceptions;
 1329         providing a mechanism for waiving or increasing
 1330         financial reporting requirements; amending s. 719.106,
 1331         F.S.; providing for suspension from office of a
 1332         director or officer who is charged with one or more of
 1333         certain felony offenses; providing procedures for
 1334         filling such vacancy or reinstating such member under
 1335         specific circumstances; providing a mechanism for a
 1336         person who is convicted of a felony to be eligible for
 1337         board membership; amending s. 719.108, F.S.; revising
 1338         the liabilities of the unit owner and the previous
 1339         unit owner; excluding specified association from
 1340         certain liability; limiting the liability of the
 1341         present owner; creating s. 719.128, F.S.; providing
 1342         emergency powers of a cooperative association;
 1343         amending s. 720.303, F.S.; providing that an owner may
 1344         consent in writing to the disclosure of certain
 1345         contact information; amending s. 720.306, F.S.;
 1346         providing an exception to the need for the association
 1347         to provide copies of an amendment to members; amending
 1348         s. 720.3085, F.S.; revising the liabilities of the
 1349         parcel owner and the previous parcel owner; limiting
 1350         the liability of the present parcel owner; creating s.
 1351         720.316, F.S.; providing emergency powers of a
 1352         homeowners’ association; providing an effective date.