Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 798
       
       
       
       
       
       
                                Ì7154643Î715464                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2014           .                                
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    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 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 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), and (d), and (g).
  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 vacation rentals or timeshare projects under
  119  s. 509.242(1)(c) or (g) 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) Vacation rental.—A vacation rental is any unit or group
  142  of units in a condominium or, cooperative, or timeshare plan or
  143  any individually or collectively owned single-family, two
  144  family, three-family, or four-family house or dwelling unit that
  145  is also a transient public lodging establishment but that is not
  146  a timeshare project.
  147         (d) Nontransient apartment.—A nontransient apartment is a
  148  building or complex of buildings in which 75 percent or more of
  149  the units are available for rent to nontransient tenants.
  150         (e) Transient apartment.—A transient apartment is a
  151  building or complex of buildings in which more than 25 percent
  152  of the units are advertised or held out to the public as
  153  available for transient occupancy.
  154         (f) Bed and breakfast inn.—A bed and breakfast inn is a
  155  family home structure, with no more than 15 sleeping rooms,
  156  which has been modified to serve as a transient public lodging
  157  establishment, which provides the accommodation and meal
  158  services generally offered by a bed and breakfast inn, and which
  159  is recognized as a bed and breakfast inn in the community in
  160  which it is situated or by the hospitality industry.
  161         (g) Timeshare project.—A timeshare project is a timeshare
  162  property, as defined in chapter 721, which is located in this
  163  state and which is also a transient public lodging
  164  establishment.
  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 additional notice pursuant to s. 712.06(3).
  241  The preceding sentence is intended to clarify existing law.
  242         Section 8. Subsection (5), paragraph (j) of subsection
  243  (11), and paragraph (c) of subsection (12) of section 718.111,
  244  Florida Statutes, are amended, and paragraph (f) is added to
  245  subsection (12) of that section, to read:
  246         718.111 The association.—
  247         (5) RIGHT OF ACCESS TO UNITS.—
  248         (a) The association has the irrevocable right of access to
  249  each unit during reasonable hours, when necessary for the
  250  maintenance, repair, or replacement of any common elements or of
  251  any portion of a unit to be maintained by the association
  252  pursuant to the declaration or as necessary to prevent damage to
  253  the common elements or to a unit or units.
  254         (b)1. In addition to the association’s right of access in
  255  paragraph (a) and regardless of whether authority is provided in
  256  the declaration or other recorded condominium documents, an
  257  association, at the sole discretion of the board, may enter an
  258  abandoned unit to inspect the unit and adjoining common
  259  elements; make repairs to the unit or to the common elements
  260  serving the unit, as needed; repair the unit if mold or
  261  deterioration is present; turn on the utilities for the unit; or
  262  otherwise maintain, preserve, or protect the unit and adjoining
  263  common elements. For purposes of this paragraph, a unit is
  264  presumed to be abandoned if:
  265         a. The unit is the subject of a foreclosure action and no
  266  tenant appears to have resided in the unit for at least 4
  267  continuous weeks without prior written notice to the
  268  association; or
  269         b. No tenant appears to have resided in the unit for 2
  270  consecutive months without prior written notice to the
  271  association, and the association is unable to contact the owner
  272  or determine the whereabouts of the owner after reasonable
  273  inquiry.
  274         2. Except in the case of an emergency, an association may
  275  not enter an abandoned unit until 2 days after notice of the
  276  association’s intent to enter the unit has been mailed or hand
  277  delivered to the owner at the address of the owner as reflected
  278  in the records of the association. The notice may be given by
  279  electronic transmission to unit owners who previously consented
  280  to receive notice by electronic transmission.
  281         3. Any expense incurred by an association pursuant to this
  282  paragraph is chargeable to the unit owner and enforceable as an
  283  assessment pursuant to s. 718.116, and the association may use
  284  its lien authority provided by s. 718.116 to enforce collection
  285  of the expense.
  286         4. The association may petition a court of competent
  287  jurisdiction to appoint a receiver and may lease out an
  288  abandoned unit for the benefit of the association to offset
  289  against the rental income the association’s costs and expenses
  290  of maintaining, preserving, and protecting the unit and the
  291  adjoining common elements, including the costs of the
  292  receivership and all unpaid assessments, interest,
  293  administrative late fees, costs, and reasonable attorney fees.
  294         (11) INSURANCE.—In order to protect the safety, health, and
  295  welfare of the people of the State of Florida and to ensure
  296  consistency in the provision of insurance coverage to
  297  condominiums and their unit owners, this subsection applies to
  298  every residential condominium in the state, regardless of the
  299  date of its declaration of condominium. It is the intent of the
  300  Legislature to encourage lower or stable insurance premiums for
  301  associations described in this subsection.
  302         (j) Any portion of the condominium property that must be
  303  insured by the association against property loss pursuant to
  304  paragraph (f) which is damaged by an insurable event shall be
  305  reconstructed, repaired, or replaced as necessary by the
  306  association as a common expense. In the absence of an insurable
  307  event, the association or the unit owners shall be responsible
  308  for the reconstruction, repair, or replacement, as determined by
  309  the provisions of the declaration or bylaws. All property
  310  insurance deductibles, uninsured losses, and other damages in
  311  excess of property insurance coverage under the property
  312  insurance policies maintained by the association are a common
  313  expense of the condominium, except that:
  314         1. A unit owner is responsible for the costs of repair or
  315  replacement of any portion of the condominium property not paid
  316  by insurance proceeds if such damage is caused by intentional
  317  conduct, negligence, or failure to comply with the terms of the
  318  declaration or the rules of the association by a unit owner, the
  319  members of his or her family, unit occupants, tenants, guests,
  320  or invitees, without compromise of the subrogation rights of the
  321  insurer.
  322         2. The provisions of subparagraph 1. regarding the
  323  financial responsibility of a unit owner for the costs of
  324  repairing or replacing other portions of the condominium
  325  property also apply to the costs of repair or replacement of
  326  personal property of other unit owners or the association, as
  327  well as other property, whether real or personal, which the unit
  328  owners are required to insure.
  329         3. To the extent the cost of repair or reconstruction for
  330  which the unit owner is responsible under this paragraph is
  331  reimbursed to the association by insurance proceeds, and the
  332  association has collected the cost of such repair or
  333  reconstruction from the unit owner, the association shall
  334  reimburse the unit owner without the waiver of any rights of
  335  subrogation.
  336         4. The association is not obligated to pay for
  337  reconstruction or repairs of property losses as a common expense
  338  if the property losses were known or should have been known to a
  339  unit owner and were not reported to the association until after
  340  the insurance claim of the association for that property was
  341  settled or resolved with finality, or denied because it was
  342  untimely filed.
  343         (12) OFFICIAL RECORDS.—
  344         (c) The official records of the association are open to
  345  inspection by any association member or the authorized
  346  representative of such member at all reasonable times. The right
  347  to inspect the records includes the right to make or obtain
  348  copies, at the reasonable expense, if any, of the member. The
  349  association may adopt reasonable rules regarding the frequency,
  350  time, location, notice, and manner of record inspections and
  351  copying. The failure of an association to provide the records
  352  within 10 working days after receipt of a written request
  353  creates a rebuttable presumption that the association willfully
  354  failed to comply with this paragraph. A unit owner who is denied
  355  access to official records is entitled to the actual damages or
  356  minimum damages for the association’s willful failure to comply.
  357  Minimum damages are $50 per calendar day for up to 10 days,
  358  beginning on the 11th working day after receipt of the written
  359  request. The failure to permit inspection entitles any person
  360  prevailing in an enforcement action to recover reasonable
  361  attorney fees from the person in control of the records who,
  362  directly or indirectly, knowingly denied access to the records.
  363  Any person who knowingly or intentionally defaces or destroys
  364  accounting records that are required by this chapter to be
  365  maintained during the period for which such records are required
  366  to be maintained, or who knowingly or intentionally fails to
  367  create or maintain accounting records that are required to be
  368  created or maintained, with the intent of causing harm to the
  369  association or one or more of its members, is personally subject
  370  to a civil penalty pursuant to s. 718.501(1)(d). The association
  371  shall maintain an adequate number of copies of the declaration,
  372  articles of incorporation, bylaws, and rules, and all amendments
  373  to each of the foregoing, as well as the question and answer
  374  sheet as described in s. 718.504 and year-end financial
  375  information required under this section, on the condominium
  376  property to ensure their availability to unit owners and
  377  prospective purchasers, and may charge its actual costs for
  378  preparing and furnishing these documents to those requesting the
  379  documents. An association shall allow a member or his or her
  380  authorized representative to use a portable device, including a
  381  smartphone, tablet, portable scanner, or any other technology
  382  capable of scanning or taking photographs, to make an electronic
  383  copy of the official records in lieu of the association’s
  384  providing the member or his or her authorized representative
  385  with a copy of such records. The association may not charge a
  386  member or his or her authorized representative for the use of a
  387  portable device. Notwithstanding this paragraph, the following
  388  records are not accessible to unit owners:
  389         1. Any record protected by the lawyer-client privilege as
  390  described in s. 90.502 and any record protected by the work
  391  product privilege, including a record prepared by an association
  392  attorney or prepared at the attorney’s express direction, which
  393  reflects a mental impression, conclusion, litigation strategy,
  394  or legal theory of the attorney or the association, and which
  395  was prepared exclusively for civil or criminal litigation or for
  396  adversarial administrative proceedings, or which was prepared in
  397  anticipation of such litigation or proceedings until the
  398  conclusion of the litigation or proceedings.
  399         2. Information obtained by an association in connection
  400  with the approval of the lease, sale, or other transfer of a
  401  unit.
  402         3. Personnel records of association or management company
  403  employees, including, but not limited to, disciplinary, payroll,
  404  health, and insurance records. For purposes of this
  405  subparagraph, the term “personnel records” does not include
  406  written employment agreements with an association employee or
  407  management company, or budgetary or financial records that
  408  indicate the compensation paid to an association employee.
  409         4. Medical records of unit owners.
  410         5. Social security numbers, driver’s license numbers,
  411  credit card numbers, e-mail addresses, telephone numbers,
  412  facsimile numbers, emergency contact information, addresses of a
  413  unit owner other than as provided to fulfill the association’s
  414  notice requirements, and other personal identifying information
  415  of any person, excluding the person’s name, unit designation,
  416  mailing address, property address, and any address, e-mail
  417  address, or facsimile number provided to the association to
  418  fulfill the association’s notice requirements. Notwithstanding
  419  the restrictions in this subparagraph, an association may print
  420  and distribute to parcel owners a directory containing the name,
  421  parcel address, and all telephone numbers number of each parcel
  422  owner. However, an owner may exclude his or her telephone
  423  numbers number from the directory by so requesting in writing to
  424  the association. An owner may consent in writing to the
  425  disclosure of other contact information described in this
  426  subparagraph. The association is not liable for the inadvertent
  427  disclosure of information that is protected under this
  428  subparagraph if the information is included in an official
  429  record of the association and is voluntarily provided by an
  430  owner and not requested by the association.
  431         6. Electronic security measures that are used by the
  432  association to safeguard data, including passwords.
  433         7. The software and operating system used by the
  434  association which allow the manipulation of data, even if the
  435  owner owns a copy of the same software used by the association.
  436  The data is part of the official records of the association.
  437         (f) An outgoing board or committee member must relinquish
  438  all official records and property of the association in his or
  439  her possession or under his or her control to the incoming board
  440  within 5 days after the election. The division shall impose a
  441  civil penalty as set forth in s. 718.501(1)(d)6. against an
  442  outgoing board or committee member who willfully and knowingly
  443  fails to relinquish such records and property.
  444         Section 9. Paragraphs (b) and (c) of subsection (2) of
  445  section 718.112, Florida Statutes, are amended to read:
  446         718.112 Bylaws.—
  447         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  448  following and, if they do not do so, shall be deemed to include
  449  the following:
  450         (b) Quorum; voting requirements; proxies.—
  451         1. Unless a lower number is provided in the bylaws, the
  452  percentage of voting interests required to constitute a quorum
  453  at a meeting of the members is a majority of the voting
  454  interests. Unless otherwise provided in this chapter or in the
  455  declaration, articles of incorporation, or bylaws, and except as
  456  provided in subparagraph (d)4., decisions shall be made by a
  457  majority of the voting interests represented at a meeting at
  458  which a quorum is present.
  459         2. Except as specifically otherwise provided herein, unit
  460  owners may not vote by general proxy, but may vote by limited
  461  proxies substantially conforming to a limited proxy form adopted
  462  by the division. A voting interest or consent right allocated to
  463  a unit owned by the association may not be exercised or
  464  considered for any purpose, whether for a quorum, an election,
  465  or otherwise. Limited proxies and general proxies may be used to
  466  establish a quorum. Limited proxies shall be used for votes
  467  taken to waive or reduce reserves in accordance with
  468  subparagraph (f)2.; for votes taken to waive the financial
  469  reporting requirements of s. 718.111(13); for votes taken to
  470  amend the declaration pursuant to s. 718.110; for votes taken to
  471  amend the articles of incorporation or bylaws pursuant to this
  472  section; and for any other matter for which this chapter
  473  requires or permits a vote of the unit owners. Except as
  474  provided in paragraph (d), a proxy, limited or general, may not
  475  be used in the election of board members. General proxies may be
  476  used for other matters for which limited proxies are not
  477  required, and may be used in voting for nonsubstantive changes
  478  to items for which a limited proxy is required and given.
  479  Notwithstanding this subparagraph, unit owners may vote in
  480  person at unit owner meetings. This subparagraph does not limit
  481  the use of general proxies or require the use of limited proxies
  482  for any agenda item or election at any meeting of a timeshare
  483  condominium association.
  484         3. Any proxy given is effective only for the specific
  485  meeting for which originally given and any lawfully adjourned
  486  meetings thereof. A proxy is not valid longer than 90 days after
  487  the date of the first meeting for which it was given and may be
  488  revoked. Every proxy is revocable at any time at the pleasure of
  489  the unit owner executing it.
  490         4. A member of the board of administration or a committee
  491  may submit in writing his or her agreement or disagreement with
  492  any action taken at a meeting that the member did not attend.
  493  This agreement or disagreement may not be used as a vote for or
  494  against the action taken or to create a quorum.
  495         5. A If any of the board or committee member’s
  496  participation in a meeting via telephone, real-time
  497  videoconferencing, or similar real-time electronic or video
  498  communication counts toward a quorum, and such member may vote
  499  as if physically present members meet by telephone conference,
  500  those board or committee members may be counted toward obtaining
  501  a quorum and may vote by telephone. A telephone speaker must be
  502  used so that the conversation of such those members may be heard
  503  by the board or committee members attending in person as well as
  504  by any unit owners present at a meeting.
  505         (c) Board of administration meetings.—Meetings of the board
  506  of administration at which a quorum of the members is present
  507  are open to all unit owners. Members of the board of
  508  administration may use e-mail as a means of communication but
  509  may not cast a vote on an association matter via e-mail. A unit
  510  owner may tape record or videotape the meetings. The right to
  511  attend such meetings includes the right to speak at such
  512  meetings with reference to all designated agenda items. The
  513  division shall adopt reasonable rules governing the tape
  514  recording and videotaping of the meeting. The association may
  515  adopt written reasonable rules governing the frequency,
  516  duration, and manner of unit owner statements.
  517         1. Adequate notice of all board meetings, which must
  518  specifically identify all agenda items, must be posted
  519  conspicuously on the condominium property at least 48 continuous
  520  hours before the meeting except in an emergency. If 20 percent
  521  of the voting interests petition the board to address an item of
  522  business, the board, within 60 days after receipt of the
  523  petition, shall place the item on the agenda at its next regular
  524  board meeting or at a special meeting called for that purpose of
  525  the board, but not later than 60 days after the receipt of the
  526  petition, shall place the item on the agenda. An Any item not
  527  included on the notice may be taken up on an emergency basis by
  528  a vote of at least a majority plus one of the board members.
  529  Such emergency action must be noticed and ratified at the next
  530  regular board meeting. However, written notice of a any meeting
  531  at which a nonemergency special assessment assessments, or an at
  532  which amendment to rules regarding unit use, will be considered
  533  must be mailed, delivered, or electronically transmitted to the
  534  unit owners and posted conspicuously on the condominium property
  535  at least 14 days before the meeting. Evidence of compliance with
  536  this 14-day notice requirement must be made by an affidavit
  537  executed by the person providing the notice and filed with the
  538  official records of the association. Upon notice to the unit
  539  owners, the board shall, by duly adopted rule, designate a
  540  specific location on the condominium or association property
  541  where all notices of board meetings must are to be posted. If
  542  there is no condominium property or association property where
  543  notices can be posted, notices shall be mailed, delivered, or
  544  electronically transmitted to each unit owner at least 14 days
  545  before the meeting to the owner of each unit. In lieu of or in
  546  addition to the physical posting of the notice on the
  547  condominium property, the association may, by reasonable rule,
  548  adopt a procedure for conspicuously posting and repeatedly
  549  broadcasting the notice and the agenda on a closed-circuit cable
  550  television system serving the condominium association. However,
  551  if broadcast notice is used in lieu of a notice physically
  552  posted on condominium property, the notice and agenda must be
  553  broadcast at least four times every broadcast hour of each day
  554  that a posted notice is otherwise required under this section.
  555  If broadcast notice is provided, the notice and agenda must be
  556  broadcast in a manner and for a sufficient continuous length of
  557  time so as to allow an average reader to observe the notice and
  558  read and comprehend the entire content of the notice and the
  559  agenda. Notice of any meeting in which regular or special
  560  assessments against unit owners are to be considered for any
  561  reason must specifically state that assessments will be
  562  considered and provide the nature, estimated cost, and
  563  description of the purposes for such assessments.
  564         2. Meetings of a committee to take final action on behalf
  565  of the board or make recommendations to the board regarding the
  566  association budget are subject to this paragraph. Meetings of a
  567  committee that does not take final action on behalf of the board
  568  or make recommendations to the board regarding the association
  569  budget are subject to this section, unless those meetings are
  570  exempted from this section by the bylaws of the association.
  571         3. Notwithstanding any other law, the requirement that
  572  board meetings and committee meetings be open to the unit owners
  573  does not apply to:
  574         a. Meetings between the board or a committee and the
  575  association’s attorney, with respect to proposed or pending
  576  litigation, if the meeting is held for the purpose of seeking or
  577  rendering legal advice; or
  578         b. Board meetings held for the purpose of discussing
  579  personnel matters.
  580         Section 10. Section 718.50151, Florida Statutes, is
  581  repealed.
  582         Section 11. Section 718.707, Florida Statutes, is amended
  583  to read:
  584         718.707 Time limitation for classification as bulk assignee
  585  or bulk buyer.—A person acquiring condominium parcels may not be
  586  classified as a bulk assignee or bulk buyer unless the
  587  condominium parcels were acquired on or after July 1, 2010, but
  588  before July 1, 2016 2015. The date of such acquisition shall be
  589  determined by the date of recording a deed or other instrument
  590  of conveyance for such parcels in the public records of the
  591  county in which the condominium is located, or by the date of
  592  issuing a certificate of title in a foreclosure proceeding with
  593  respect to such condominium parcels.
  594         Section 12. Paragraph (c) of subsection (2) and subsection
  595  (4) of section 719.104, Florida Statues, are amended, and
  596  paragraph (e) is added to subsection (2) of that section, to
  597  read:
  598         719.104 Cooperatives; access to units; records; financial
  599  reports; assessments; purchase of leases.—
  600         (2) OFFICIAL RECORDS.—
  601         (c) The official records of the association are open to
  602  inspection by any association member or the authorized
  603  representative of such member at all reasonable times. The right
  604  to inspect the records includes the right to make or obtain
  605  copies, at the reasonable expense, if any, of the association
  606  member. The association may adopt reasonable rules regarding the
  607  frequency, time, location, notice, and manner of record
  608  inspections and copying. The failure of an association to
  609  provide the records within 10 working days after receipt of a
  610  written request creates a rebuttable presumption that the
  611  association willfully failed to comply with this paragraph. A
  612  unit owner who is denied access to official records is entitled
  613  to the actual damages or minimum damages for the association’s
  614  willful failure to comply. The minimum damages are $50 per
  615  calendar day for up to 10 days, beginning on the 11th working
  616  day after receipt of the written request. The failure to permit
  617  inspection entitles any person prevailing in an enforcement
  618  action to recover reasonable attorney fees from the person in
  619  control of the records who, directly or indirectly, knowingly
  620  denied access to the records. Any person who knowingly or
  621  intentionally defaces or destroys accounting records that are
  622  required by this chapter to be maintained during the period for
  623  which such records are required to be maintained, or who
  624  knowingly or intentionally fails to create or maintain
  625  accounting records that are required to be created or
  626  maintained, with the intent of causing harm to the association
  627  or one or more of its members, is personally subject to a civil
  628  penalty pursuant to s. 719.501(1)(d). The association shall
  629  maintain an adequate number of copies of the declaration,
  630  articles of incorporation, bylaws, and rules, and all amendments
  631  to each of the foregoing, as well as the question and answer
  632  sheet as described in s. 719.504 and year-end financial
  633  information required by the department, on the cooperative
  634  property to ensure their availability to unit owners and
  635  prospective purchasers, and may charge its actual costs for
  636  preparing and furnishing these documents to those requesting the
  637  same. An association shall allow a member or his or her
  638  authorized representative to use a portable device, including a
  639  smartphone, tablet, portable scanner, or any other technology
  640  capable of scanning or taking photographs, to make an electronic
  641  copy of the official records in lieu of the association
  642  providing the member or his or her authorized representative
  643  with a copy of such records. The association may not charge a
  644  member or his or her authorized representative for the use of a
  645  portable device. Notwithstanding this paragraph, the following
  646  records shall not be accessible to unit owners:
  647         1. Any record protected by the lawyer-client privilege as
  648  described in s. 90.502 and any record protected by the work
  649  product privilege, including any record prepared by an
  650  association attorney or prepared at the attorney’s express
  651  direction which reflects a mental impression, conclusion,
  652  litigation strategy, or legal theory of the attorney or the
  653  association, and which was prepared exclusively for civil or
  654  criminal litigation or for adversarial administrative
  655  proceedings, or which was prepared in anticipation of such
  656  litigation or proceedings until the conclusion of the litigation
  657  or proceedings.
  658         2. Information obtained by an association in connection
  659  with the approval of the lease, sale, or other transfer of a
  660  unit.
  661         3. Personnel records of association or management company
  662  employees, including, but not limited to, disciplinary, payroll,
  663  health, and insurance records. For purposes of this
  664  subparagraph, the term “personnel records” does not include
  665  written employment agreements with an association employee or
  666  management company, or budgetary or financial records that
  667  indicate the compensation paid to an association employee.
  668         4. Medical records of unit owners.
  669         5. Social security numbers, driver license numbers, credit
  670  card numbers, e-mail addresses, telephone numbers, facsimile
  671  numbers, emergency contact information, addresses of a unit
  672  owner other than as provided to fulfill the association’s notice
  673  requirements, and other personal identifying information of any
  674  person, excluding the person’s name, unit designation, mailing
  675  address, property address, and any address, e-mail address, or
  676  facsimile number provided to the association to fulfill the
  677  association’s notice requirements. Notwithstanding the
  678  restrictions in this subparagraph, an association may print and
  679  distribute to parcel owners a directory containing the name,
  680  parcel address, and all telephone numbers number of each parcel
  681  owner. However, an owner may exclude his or her telephone
  682  numbers number from the directory by so requesting in writing to
  683  the association. An owner may consent in writing to the
  684  disclosure of other contact information described in this
  685  subparagraph. The association is not liable for the inadvertent
  686  disclosure of information that is protected under this
  687  subparagraph if the information is included in an official
  688  record of the association and is voluntarily provided by an
  689  owner and not requested by the association.
  690         6. Electronic security measures that are used by the
  691  association to safeguard data, including passwords.
  692         7. The software and operating system used by the
  693  association which allow the manipulation of data, even if the
  694  owner owns a copy of the same software used by the association.
  695  The data is part of the official records of the association.
  696         (e) An outgoing board or committee member must relinquish
  697  all official records and property of the association in his or
  698  her possession or under his or her control to the incoming board
  699  within 5 days after the election. The division shall impose a
  700  civil penalty as set forth in s. 719.501(1)(d) against an
  701  outgoing board or committee member who willfully and knowingly
  702  fails to relinquish such records and property.
  703         (4) FINANCIAL REPORT.—
  704         (a) Within 90 60 days following the end of the fiscal or
  705  calendar year or annually on such date as is otherwise provided
  706  in the bylaws of the association, the board of administration of
  707  the association shall prepare and complete, or contract with a
  708  third party to prepare and complete, a financial report covering
  709  the preceding fiscal or calendar year. Within 21 days after the
  710  financial report is completed by the association or received
  711  from the third party, but no later than 120 days after the end
  712  of the fiscal year, calendar year, or other date provided in the
  713  bylaws, the association shall provide each member with a copy of
  714  the annual financial report or a written notice that a copy of
  715  the financial report is available upon request at no charge to
  716  the member. The division shall adopt rules setting forth uniform
  717  accounting principles, standards, and reporting requirements
  718  mail or furnish by personal delivery to each unit owner a
  719  complete financial report of actual receipts and expenditures
  720  for the previous 12 months, or a complete set of financial
  721  statements for the preceding fiscal year prepared in accordance
  722  with generally accepted accounting procedures. The report shall
  723  show the amounts of receipts by accounts and receipt
  724  classifications and shall show the amounts of expenses by
  725  accounts and expense classifications including, if applicable,
  726  but not limited to, the following:
  727         1. Costs for security;
  728         2. Professional and management fees and expenses;
  729         3. Taxes;
  730         4. Costs for recreation facilities;
  731         5. Expenses for refuse collection and utility services;
  732         6. Expenses for lawn care;
  733         7. Costs for building maintenance and repair;
  734         8. Insurance costs;
  735         9. Administrative and salary expenses; and
  736         10. Reserves for capital expenditures, deferred
  737  maintenance, and any other category for which the association
  738  maintains a reserve account or accounts.
  739         (b) Except as provided in paragraph (c), an association
  740  whose total annual revenues meet the criteria of this paragraph
  741  shall prepare or cause to be prepared a complete set of
  742  financial statements according to the generally accepted
  743  accounting principles adopted by the Board of Accountancy. The
  744  financial statements shall be as follows:
  745         1. An association with total annual revenues between
  746  $150,000 and $299,999 shall prepare a compiled financial
  747  statement.
  748         2. An association with total annual revenues between
  749  $300,000 and $499,999 shall prepare a reviewed financial
  750  statement.
  751         3. An association with total annual revenues of $500,000 or
  752  more shall prepare an audited financial statement The division
  753  shall adopt rules that may require that the association deliver
  754  to the unit owners, in lieu of the financial report required by
  755  this section, a complete set of financial statements for the
  756  preceding fiscal year. The financial statements shall be
  757  delivered within 90 days following the end of the previous
  758  fiscal year or annually on such other date as provided in the
  759  bylaws. The rules of the division may require that the financial
  760  statements be compiled, reviewed, or audited, and the rules
  761  shall take into consideration the criteria set forth in s.
  762  719.501(1)(j).
  763         4. The requirement to have the financial statements
  764  compiled, reviewed, or audited does not apply to an association
  765  associations if a majority of the voting interests of the
  766  association present at a duly called meeting of the association
  767  have voted determined for a fiscal year to waive this
  768  requirement for the fiscal year. In an association in which
  769  turnover of control by the developer has not occurred, the
  770  developer may vote to waive the audit requirement for the first
  771  2 years of the operation of the association, after which time
  772  waiver of an applicable audit requirement shall be by a majority
  773  of voting interests other than the developer. The meeting shall
  774  be held prior to the end of the fiscal year, and the waiver
  775  shall be effective for only one fiscal year. An association may
  776  not waive the financial reporting requirements of this section
  777  for more than 3 consecutive years This subsection does not apply
  778  to a cooperative that consists of 50 or fewer units.
  779         (c)1. An association with total annual revenues of less
  780  than $150,000 shall prepare a report of cash receipts and
  781  expenditures.
  782         2. An association in a community of fewer than 50 units,
  783  regardless of the association’s annual revenues, shall prepare a
  784  report of cash receipts and expenditures in lieu of the
  785  financial statements required by paragraph (b), unless the
  786  declaration or other recorded governing documents provide
  787  otherwise.
  788         3. A report of cash receipts and expenditures must disclose
  789  the amount of receipts by accounts and receipt classifications
  790  and the amount of expenses by accounts and expense
  791  classifications, including the following, as applicable: costs
  792  for security, professional, and management fees and expenses;
  793  taxes; costs for recreation facilities; expenses for refuse
  794  collection and utility services; expenses for lawn care; costs
  795  for building maintenance and repair; insurance costs;
  796  administration and salary expenses; and reserves, if maintained
  797  by the association.
  798         (d) If at least 20 percent of the unit owners petition the
  799  board for a greater level of financial reporting than that
  800  required by this section, the association shall duly notice and
  801  hold a membership meeting within 30 days after receipt of the
  802  petition to vote on raising the level of reporting for that
  803  fiscal year. Upon approval by a majority of the voting interests
  804  represented at a meeting at which a quorum of unit owners is
  805  present, the association shall prepare an amended budget or
  806  shall adopt a special assessment to pay for the financial report
  807  regardless of any provision to the contrary in the declaration
  808  or other recorded governing documents. In addition, the
  809  association shall provide within 90 days after the meeting or
  810  the end of the fiscal year, whichever occurs later:
  811         1. Compiled, reviewed, or audited financial statements, if
  812  the association is otherwise required to prepare a report of
  813  cash receipts and expenditures;
  814         2. Reviewed or audited financial statements, if the
  815  association is otherwise required to prepare compiled financial
  816  statements; or
  817         3. Audited financial statements, if the association is
  818  otherwise required to prepare reviewed financial statements.
  819         (e) If approved by a majority of the voting interests
  820  present at a properly called meeting of the association, an
  821  association may prepare or cause to be prepared:
  822         1. A report of cash receipts and expenditures in lieu of a
  823  compiled, reviewed, or audited financial statement;
  824         2. A report of cash receipts and expenditures or a compiled
  825  financial statement in lieu of a reviewed or audited financial
  826  statement; or
  827         3. A report of cash receipts and expenditures, a compiled
  828  financial statement, or a reviewed financial statement in lieu
  829  of an audited financial statement.
  830         Section 13. Paragraph (a) of subsection (1) of section
  831  719.106, Florida Statutes, is amended to read:
  832         719.106 Bylaws; cooperative ownership.—
  833         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  834  documents shall provide for the following, and if they do not,
  835  they shall be deemed to include the following:
  836         (a) Administration.—
  837         1. The form of administration of the association shall be
  838  described, indicating the titles of the officers and board of
  839  administration and specifying the powers, duties, manner of
  840  selection and removal, and compensation, if any, of officers and
  841  board members. In the absence of such a provision, the board of
  842  administration shall be composed of five members, except in the
  843  case of cooperatives having five or fewer units, in which case
  844  in not-for-profit corporations, the board shall consist of not
  845  fewer than three members. In the absence of provisions to the
  846  contrary, the board of administration shall have a president, a
  847  secretary, and a treasurer, who shall perform the duties of
  848  those offices customarily performed by officers of corporations.
  849  Unless prohibited in the bylaws, the board of administration may
  850  appoint other officers and grant them those duties it deems
  851  appropriate. Unless otherwise provided in the bylaws, the
  852  officers shall serve without compensation and at the pleasure of
  853  the board. Unless otherwise provided in the bylaws, the members
  854  of the board shall serve without compensation.
  855         2. A person who has been suspended or removed by the
  856  division under this chapter, or who is delinquent in the payment
  857  of any monetary obligation due to the association, is not
  858  eligible to be a candidate for board membership and may not be
  859  listed on the ballot. A director or officer charged by
  860  information or indictment with a felony theft or embezzlement
  861  offense involving the association’s funds or property is
  862  suspended from office. The board shall fill the vacancy
  863  according to general law until the end of the period of the
  864  suspension or the end of the director’s term of office,
  865  whichever occurs first. However, if the charges are resolved
  866  without a finding of guilt or without acceptance of a plea of
  867  guilty or nolo contendere, the director or officer shall be
  868  reinstated for any remainder of his or her term of office. A
  869  member who has such criminal charges pending may not be
  870  appointed or elected to a position as a director or officer. A
  871  person who has been convicted of any felony in this state or in
  872  any United States District Court, or who has been convicted of
  873  any offense in another jurisdiction which would be considered a
  874  felony if committed in this state, is not eligible for board
  875  membership unless such felon’s civil rights have been restored
  876  for at least 5 years as of the date such person seeks election
  877  to the board. The validity of an action by the board is not
  878  affected if it is later determined that a board member is
  879  ineligible for board membership due to having been convicted of
  880  a felony.
  881         3.2. When a unit owner files a written inquiry by certified
  882  mail with the board of administration, the board shall respond
  883  in writing to the unit owner within 30 days of receipt of the
  884  inquiry. The board’s response shall either give a substantive
  885  response to the inquirer, notify the inquirer that a legal
  886  opinion has been requested, or notify the inquirer that advice
  887  has been requested from the division. If the board requests
  888  advice from the division, the board shall, within 10 days of its
  889  receipt of the advice, provide in writing a substantive response
  890  to the inquirer. If a legal opinion is requested, the board
  891  shall, within 60 days after the receipt of the inquiry, provide
  892  in writing a substantive response to the inquirer. The failure
  893  to provide a substantive response to the inquirer as provided
  894  herein precludes the board from recovering attorney’s fees and
  895  costs in any subsequent litigation, administrative proceeding,
  896  or arbitration arising out of the inquiry. The association may,
  897  through its board of administration, adopt reasonable rules and
  898  regulations regarding the frequency and manner of responding to
  899  the unit owners’ inquiries, one of which may be that the
  900  association is obligated to respond to only one written inquiry
  901  per unit in any given 30-day period. In such case, any
  902  additional inquiry or inquiries must be responded to in the
  903  subsequent 30-day period, or periods, as applicable.
  904         Section 14. Section 719.128, Florida Statutes, is created
  905  to read:
  906         719.128 Association emergency powers.—
  907         (1) To the extent allowed by law, unless specifically
  908  prohibited by the cooperative documents, and consistent with s.
  909  617.0830, the board of administration, in response to damage
  910  caused by an event for which a state of emergency is declared
  911  pursuant to s. 252.36 in the area encompassed by the
  912  cooperative, may exercise the following powers:
  913         (a) Conduct board or membership meetings after notice of
  914  the meetings and board decisions is provided in as practicable a
  915  manner as possible, including via publication, radio, United
  916  States mail, the Internet, public service announcements,
  917  conspicuous posting on the cooperative property, or any other
  918  means the board deems appropriate under the circumstances.
  919         (b) Cancel and reschedule an association meeting.
  920         (c) Designate assistant officers who are not directors. If
  921  the executive officer is incapacitated or unavailable, the
  922  assistant officer has the same authority during the state of
  923  emergency as the executive officer he or she assists.
  924         (d) Relocate the association’s principal office or
  925  designate an alternative principal office.
  926         (e) Enter into agreements with counties and municipalities
  927  to assist counties and municipalities with debris removal.
  928         (f) Implement a disaster plan before or immediately
  929  following the event for which a state of emergency is declared,
  930  which may include turning on or shutting off elevators;
  931  electricity; water, sewer, or security systems; or air
  932  conditioners for association buildings.
  933         (g) Based upon the advice of emergency management officials
  934  or upon the advice of licensed professionals retained by the
  935  board of administration, determine any portion of the
  936  cooperative property unavailable for entry or occupancy by unit
  937  owners or their family members, tenants, guests, agents, or
  938  invitees to protect their health, safety, or welfare.
  939         (h) Based upon the advice of emergency management officials
  940  or upon the advice of licensed professionals retained by the
  941  board of administration, determine whether the cooperative
  942  property can be safely inhabited or occupied. However, such
  943  determination is not conclusive as to any determination of
  944  habitability pursuant to the declaration.
  945         (i) Require the evacuation of the cooperative property in
  946  the event of a mandatory evacuation order in the area where the
  947  cooperative is located. If a unit owner or other occupant of a
  948  cooperative fails to evacuate the cooperative property for which
  949  the board has required evacuation, the association is immune
  950  from liability for injury to persons or property arising from
  951  such failure.
  952         (j) Mitigate further damage, including taking action to
  953  contract for the removal of debris and to prevent or mitigate
  954  the spread of fungus, including mold or mildew, by removing and
  955  disposing of wet drywall, insulation, carpet, cabinetry, or
  956  other fixtures on or within the cooperative property, regardless
  957  of whether the unit owner is obligated by the declaration or law
  958  to insure or replace those fixtures and to remove personal
  959  property from a unit.
  960         (k) Contract, on behalf of a unit owner, for items or
  961  services for which the owner is otherwise individually
  962  responsible, but which are necessary to prevent further damage
  963  to the cooperative property. In such event, the unit owner on
  964  whose behalf the board has contracted is responsible for
  965  reimbursing the association for the actual costs of the items or
  966  services, and the association may use its lien authority
  967  provided by s. 719.108 to enforce collection of the charges.
  968  Such items or services may include the drying of the unit, the
  969  boarding of broken windows or doors, and the replacement of a
  970  damaged air conditioner or air handler to provide climate
  971  control in the unit or other portions of the property.
  972         (l) Notwithstanding a provision to the contrary, and
  973  regardless of whether such authority does not specifically
  974  appear in the cooperative documents, levy special assessments
  975  without a vote of the owners.
  976         (m) Without unit owners’ approval, borrow money and pledge
  977  association assets as collateral to fund emergency repairs and
  978  carry out the duties of the association if operating funds are
  979  insufficient. This paragraph does not limit the general
  980  authority of the association to borrow money, subject to such
  981  restrictions contained in the cooperative documents.
  982         (2) The authority granted under subsection (1) is limited
  983  to that time reasonably necessary to protect the health, safety,
  984  and welfare of the association and the unit owners and their
  985  family members, tenants, guests, agents, or invitees, and to
  986  mitigate further damage and make emergency repairs.
  987         Section 15. Paragraph (c) of subsection (5) of section
  988  720.303, Florida Statutes, is amended to read:
  989         720.303 Association powers and duties; meetings of board;
  990  official records; budgets; financial reporting; association
  991  funds; recalls.—
  992         (5) INSPECTION AND COPYING OF RECORDS.—The official records
  993  shall be maintained within the state for at least 7 years and
  994  shall be made available to a parcel owner for inspection or
  995  photocopying within 45 miles of the community or within the
  996  county in which the association is located within 10 business
  997  days after receipt by the board or its designee of a written
  998  request. This subsection may be complied with by having a copy
  999  of the official records available for inspection or copying in
 1000  the community or, at the option of the association, by making
 1001  the records available to a parcel owner electronically via the
 1002  Internet or by allowing the records to be viewed in electronic
 1003  format on a computer screen and printed upon request. If the
 1004  association has a photocopy machine available where the records
 1005  are maintained, it must provide parcel owners with copies on
 1006  request during the inspection if the entire request is limited
 1007  to no more than 25 pages. An association shall allow a member or
 1008  his or her authorized representative to use a portable device,
 1009  including a smartphone, tablet, portable scanner, or any other
 1010  technology capable of scanning or taking photographs, to make an
 1011  electronic copy of the official records in lieu of the
 1012  association’s providing the member or his or her authorized
 1013  representative with a copy of such records. The association may
 1014  not charge a fee to a member or his or her authorized
 1015  representative for the use of a portable device.
 1016         (c) The association may adopt reasonable written rules
 1017  governing the frequency, time, location, notice, records to be
 1018  inspected, and manner of inspections, but may not require a
 1019  parcel owner to demonstrate any proper purpose for the
 1020  inspection, state any reason for the inspection, or limit a
 1021  parcel owner’s right to inspect records to less than one 8-hour
 1022  business day per month. The association may impose fees to cover
 1023  the costs of providing copies of the official records, including
 1024  the costs of copying and the costs required for personnel to
 1025  retrieve and copy the records if the time spent retrieving and
 1026  copying the records exceeds one-half hour and if the personnel
 1027  costs do not exceed $20 per hour. Personnel costs may not be
 1028  charged for records requests that result in the copying of 25 or
 1029  fewer pages. The association may charge up to 25 cents per page
 1030  for copies made on the association’s photocopier. If the
 1031  association does not have a photocopy machine available where
 1032  the records are kept, or if the records requested to be copied
 1033  exceed 25 pages in length, the association may have copies made
 1034  by an outside duplicating service and may charge the actual cost
 1035  of copying, as supported by the vendor invoice. The association
 1036  shall maintain an adequate number of copies of the recorded
 1037  governing documents, to ensure their availability to members and
 1038  prospective members. Notwithstanding this paragraph, the
 1039  following records are not accessible to members or parcel
 1040  owners:
 1041         1. Any record protected by the lawyer-client privilege as
 1042  described in s. 90.502 and any record protected by the work
 1043  product privilege, including, but not limited to, a record
 1044  prepared by an association attorney or prepared at the
 1045  attorney’s express direction which reflects a mental impression,
 1046  conclusion, litigation strategy, or legal theory of the attorney
 1047  or the association and which was prepared exclusively for civil
 1048  or criminal litigation or for adversarial administrative
 1049  proceedings or which was prepared in anticipation of such
 1050  litigation or proceedings until the conclusion of the litigation
 1051  or proceedings.
 1052         2. Information obtained by an association in connection
 1053  with the approval of the lease, sale, or other transfer of a
 1054  parcel.
 1055         3. Personnel records of association or management company
 1056  employees, including, but not limited to, disciplinary, payroll,
 1057  health, and insurance records. For purposes of this
 1058  subparagraph, the term “personnel records” does not include
 1059  written employment agreements with an association or management
 1060  company employee or budgetary or financial records that indicate
 1061  the compensation paid to an association or management company
 1062  employee.
 1063         4. Medical records of parcel owners or community residents.
 1064         5. Social security numbers, driver license numbers, credit
 1065  card numbers, electronic mailing addresses, telephone numbers,
 1066  facsimile numbers, emergency contact information, any addresses
 1067  for a parcel owner other than as provided for association notice
 1068  requirements, and other personal identifying information of any
 1069  person, excluding the person’s name, parcel designation, mailing
 1070  address, and property address. Notwithstanding the restrictions
 1071  in this subparagraph, an association may print and distribute to
 1072  parcel owners a directory containing the name, parcel address,
 1073  and all telephone numbers number of each parcel owner. However,
 1074  an owner may exclude his or her telephone numbers number from
 1075  the directory by so requesting in writing to the association. An
 1076  owner may consent in writing to the disclosure of other contact
 1077  information described in this subparagraph. The association is
 1078  not liable for the disclosure of information that is protected
 1079  under this subparagraph if the information is included in an
 1080  official record of the association and is voluntarily provided
 1081  by an owner and not requested by the association.
 1082         6. Any electronic security measure that is used by the
 1083  association to safeguard data, including passwords.
 1084         7. The software and operating system used by the
 1085  association which allows the manipulation of data, even if the
 1086  owner owns a copy of the same software used by the association.
 1087  The data is part of the official records of the association.
 1088         Section 16. Paragraph (b) of subsection (1) of section
 1089  720.306, Florida Statutes, is amended to read:
 1090         720.306 Meetings of members; voting and election
 1091  procedures; amendments.—
 1092         (1) QUORUM; AMENDMENTS.—
 1093         (b) Unless otherwise provided in the governing documents or
 1094  required by law, and other than those matters set forth in
 1095  paragraph (c), any governing document of an association may be
 1096  amended by the affirmative vote of two-thirds of the voting
 1097  interests of the association. Within 30 days after recording an
 1098  amendment to the governing documents, the association shall
 1099  provide copies of the amendment to the members. However, if a
 1100  copy of the proposed amendment is provided to the members before
 1101  they vote on the amendment and the proposed amendment is not
 1102  changed before the vote, the association, in lieu of providing a
 1103  copy of the amendment, may provide notice to the members that
 1104  the amendment was adopted, identifying the official book and
 1105  page number or instrument number of the recorded amendment and
 1106  that a copy of the amendment is available at no charge to the
 1107  member upon written request to the association. The copies and
 1108  notice described in this paragraph may be provided
 1109  electronically to those owners who previously consented to
 1110  receive notice electronically.
 1111         Section 17. Section 720.316, Florida Statutes, is created
 1112  to read:
 1113         720.316 Association emergency powers.—
 1114         (1) To the extent allowed by law, unless specifically
 1115  prohibited by the declaration or other recorded governing
 1116  documents, and consistent with s. 617.0830, the board of
 1117  directors, in response to damage caused by an event for which a
 1118  state of emergency is declared pursuant to s. 252.36 in the area
 1119  encompassed by the association, may exercise the following
 1120  powers:
 1121         (a) Conduct board or membership meetings after notice of
 1122  the meetings and board decisions is provided in as practicable a
 1123  manner as possible, including via publication, radio, United
 1124  States mail, the Internet, public service announcements,
 1125  conspicuous posting on the association property, or any other
 1126  means the board deems appropriate under the circumstances.
 1127         (b) Cancel and reschedule an association meeting.
 1128         (c) Designate assistant officers who are not directors. If
 1129  the executive officer is incapacitated or unavailable, the
 1130  assistant officer has the same authority during the state of
 1131  emergency as the executive officer he or she assists.
 1132         (d) Relocate the association’s principal office or
 1133  designate an alternative principal office.
 1134         (e) Enter into agreements with counties and municipalities
 1135  to assist counties and municipalities with debris removal.
 1136         (f) Implement a disaster plan before or immediately
 1137  following the event for which a state of emergency is declared,
 1138  which may include, but is not limited to, turning on or shutting
 1139  off elevators; electricity; water, sewer, or security systems;
 1140  or air conditioners for association buildings.
 1141         (g) Based upon the advice of emergency management officials
 1142  or upon the advice of licensed professionals retained by the
 1143  board, determine any portion of the association property
 1144  unavailable for entry or occupancy by owners or their family
 1145  members, tenants, guests, agents, or invitees to protect their
 1146  health, safety, or welfare.
 1147         (h) Based upon the advice of emergency management officials
 1148  or upon the advice of licensed professionals retained by the
 1149  board, determine whether the association property can be safely
 1150  inhabited or occupied. However, such determination is not
 1151  conclusive as to any determination of habitability pursuant to
 1152  the declaration.
 1153         (i) Mitigate further damage, including taking action to
 1154  contract for the removal of debris and to prevent or mitigate
 1155  the spread of fungus, including mold or mildew, by removing and
 1156  disposing of wet drywall, insulation, carpet, cabinetry, or
 1157  other fixtures on or within the association property.
 1158         (j) Notwithstanding a provision to the contrary, and
 1159  regardless of whether such authority does not specifically
 1160  appear in the declaration or other recorded governing documents,
 1161  levy special assessments without a vote of the owners.
 1162         (k) Without owners’ approval, borrow money and pledge
 1163  association assets as collateral to fund emergency repairs and
 1164  carry out the duties of the association if operating funds are
 1165  insufficient. This paragraph does not limit the general
 1166  authority of the association to borrow money, subject to such
 1167  restrictions contained in the declaration or other recorded
 1168  governing documents.
 1169         (2) The authority granted under subsection (1) is limited
 1170  to that time reasonably necessary to protect the health, safety,
 1171  and welfare of the association and the parcel owners and their
 1172  family members, tenants, guests, agents, or invitees, and to
 1173  mitigate further damage and make emergency repairs.
 1174         Section 18. This act shall take effect July 1, 2014.
 1175  
 1176  ================= T I T L E  A M E N D M E N T ================
 1177  And the title is amended as follows:
 1178         Delete everything before the enacting clause
 1179  and insert:
 1180                        A bill to be entitled                      
 1181         An act relating to residential properties; amending s.
 1182         509.013, F.S.; revising the definition of the term
 1183         “public lodging establishment”; amending s. 509.032,
 1184         F.S.; providing that timeshare projects are not
 1185         subject to annual inspection requirements; amending s.
 1186         509.221, F.S.; providing nonapplicability of certain
 1187         public lodging establishment requirements to timeshare
 1188         projects; amending s. 509.241, F.S.; providing that a
 1189         condominium association that does not own any units
 1190         classified as timeshare projects is not required to
 1191         apply for or receive a public lodging establishment
 1192         license; amending s. 509.242, F.S.; revising the
 1193         definition of the term “public lodging establishment”
 1194         to include a “timeshare project”; deleting reference
 1195         to the term “timeshare plan” in the definition of
 1196         “vacation rental”; defining the term “timeshare
 1197         project”; amending s. 509.251, F.S.; providing that
 1198         timeshare projects within separate buildings or at
 1199         separate locations but managed by one licensed agent
 1200         may be combined in a single license application;
 1201         amending s. 712.05, F.S.; clarifying existing law
 1202         relating to notification for purposes of preserving
 1203         marketable title; amending s. 718.111, F.S.;
 1204         authorizing an association to inspect and repair
 1205         abandoned condominium units; providing conditions to
 1206         determine if a unit is abandoned; providing a
 1207         mechanism for an association to recover costs
 1208         associated with maintaining an abandoned unit;
 1209         providing that in the absence of an insurable event,
 1210         the association or unit owners are responsible for
 1211         repairs; providing that an owner may consent in
 1212         writing to the disclosure of certain contact
 1213         information; requiring an outgoing condominium
 1214         association board or committee member to relinquish
 1215         all official records and property of the association
 1216         within a specified time; providing a civil penalty for
 1217         failing to relinquish such records and property;
 1218         amending s. 718.112, F.S.; providing that a board or
 1219         committee member’s participation in a meeting via
 1220         real-time videoconferencing, Internet-enabled
 1221         videoconferencing, or similar electronic or video
 1222         communication counts toward a quorum and that such
 1223         member may vote as if physically present; prohibiting
 1224         the board from voting via e-mail; repealing s.
 1225         718.50151, F.S., relating to the Community Association
 1226         Living Study Council and its membership functions;
 1227         amending s. 718.707, F.S.; extending the date by which
 1228         a condominium parcel must be acquired in order for a
 1229         person to be classified as a bulk assignee or bulk
 1230         buyer; amending s. 719.104, F.S.; providing that an
 1231         owner may consent in writing to the disclosure of
 1232         certain contact information; requiring an outgoing
 1233         cooperative association board or committee member to
 1234         relinquish all official records and property of the
 1235         association within a specified time; providing a civil
 1236         penalty for failing to relinquish such records and
 1237         property; providing dates by which financial reports
 1238         for an association must be completed; specifying that
 1239         members must receive copies of financial reports;
 1240         requiring specific types of financial statements for
 1241         associations of varying sizes; providing exceptions;
 1242         providing a mechanism for waiving or increasing
 1243         financial reporting requirements; amending s. 719.106,
 1244         F.S.; providing for suspension from office of a
 1245         director or officer who is charged with one or more of
 1246         certain felony offenses; providing procedures for
 1247         filling such vacancy or reinstating such member under
 1248         specific circumstances; providing a mechanism for a
 1249         person who is convicted of a felony to be eligible for
 1250         board membership; creating s. 719.128, F.S.; providing
 1251         emergency powers of a cooperative association;
 1252         amending s. 720.303, F.S.; providing that an owner may
 1253         consent in writing to the disclosure of certain
 1254         contact information; amending s. 720.306, F.S.;
 1255         providing for specified notice to members in lieu of
 1256         copies of an amendment; creating s. 720.316, F.S.;
 1257         providing emergency powers of a homeowners’
 1258         association; providing an effective date.