Florida Senate - 2014                              CS for SB 798
       
       
        
       By the Committee on Regulated Industries; and Senator Ring
       
       
       
       
       
       580-02208-14                                           2014798c1
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending s.
    3         509.013, F.S.; replacing a reference to timeshare plan
    4         with timeshare project; amending s. 509.032, F.S.;
    5         providing that timeshare projects are not subject to
    6         annual inspection requirements; amending s. 509.221,
    7         F.S.; providing that certain public lodging
    8         establishment requirements do not apply to timeshare
    9         projects; amending s. 509.241, F.S.; providing a
   10         condominium association that does not include any
   11         units classified as a timeshare project is not
   12         required to apply for or receive a public lodging
   13         establishment license; amending s. 509.242, F.S.;
   14         providing a definition of the term “timeshare
   15         project”; deleting the reference to timeshare plans in
   16         the definition of the term “vacation rental”; amending
   17         s. 509.251, F.S.; providing that timeshare projects
   18         within separate buildings or at separate locations but
   19         managed by one licensed agent may be combined in a
   20         single license application; amending s. 712.05, F.S.;
   21         clarifying existing law relating to marketable record
   22         title; amending s. 718.110, F.S.; providing that an
   23         amendment to a declaration relating to rental
   24         condominium units does not apply to unit owners who
   25         vote against the amendment; amending s. 718.111, F.S.;
   26         providing authority to an association to inspect and
   27         repair abandoned condominium units; providing
   28         conditions to determine if a unit is abandoned;
   29         providing a mechanism for an association to recover
   30         costs associated with maintaining an abandoned unit;
   31         providing that in the absence of an insurable event,
   32         the association or unit owners are responsible for
   33         repairs; providing that an owner may consent in
   34         writing to the disclosure of certain contact
   35         information; requiring an outgoing condominium
   36         association board or committee member to relinquish
   37         all official records and property of the association
   38         within a specified time; providing a civil penalty for
   39         failing to relinquish such records and property;
   40         amending s. 718.112, F.S.; providing that a board or
   41         committee member’s participation in a meeting via
   42         real-time videoconferencing, Internet-enabled
   43         videoconferencing, or similar electronic or video
   44         communication counts toward a quorum and that such
   45         member may vote as if physically present; prohibiting
   46         the board from voting via e-mail; amending s. 718.116
   47         F.S.; revising the liabilities of the unit owner and
   48         the previous owner; excluding specified association
   49         from certain liability; limiting the present owner’s
   50         liability; amending s. 718.707, F.S.; extending the
   51         date by which a condominium parcel must be acquired in
   52         order for a person to be classified as a bulk assignee
   53         or bulk buyer; amending s. 719.104, F.S.; providing
   54         that an owner may consent in writing to the disclosure
   55         of certain contact information; requiring an outgoing
   56         cooperative association board or committee member to
   57         relinquish all official records and property of the
   58         association within a specified time; providing a civil
   59         penalty for failing to relinquish such records and
   60         property; providing dates by which financial reports
   61         for an association must be completed; specifying that
   62         members must receive copies of financial reports;
   63         requiring specific types of financial statements for
   64         associations of varying sizes; providing exceptions;
   65         providing a mechanism for waiving or increasing
   66         financial reporting requirements; amending s. 719.106,
   67         F.S.; providing for suspension from office of a
   68         director or officer who is charged with one or more of
   69         certain felony offenses; providing procedures for
   70         filling such vacancy or reinstating such member under
   71         specific circumstances; providing a mechanism for a
   72         person who is convicted of a felony to be eligible for
   73         board membership; amending s. 719.108, F.S.; revising
   74         the liabilities of the unit owner and the previous
   75         unit owner; excluding specified association from
   76         certain liability; limiting the liability of the
   77         present owner; creating s. 719.128, F.S.; providing
   78         emergency powers of a cooperative association;
   79         amending s. 720.303, F.S.; providing that an owner may
   80         consent in writing to the disclosure of certain
   81         contact information; amending s. 720.306, F.S.;
   82         providing an exception to the need for the association
   83         to provide copies of an amendment to members; amending
   84         s. 720.3085, F.S.; revising the liabilities of the
   85         parcel owner and the previous parcel owner; limiting
   86         the liability of the present parcel owner; creating s.
   87         720.316, F.S.; providing emergency powers of a
   88         homeowners’ association; providing an effective date.
   89          
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Subsection (4) of section 509.013, Florida
   93  Statutes, is amended to read:
   94         509.013 Definitions.—As used in this chapter, the term:
   95         (4)(a) “Public lodging establishment” includes a transient
   96  public lodging establishment as defined in subparagraph 1. and a
   97  nontransient public lodging establishment as defined in
   98  subparagraph 2.
   99         1. “Transient public lodging establishment” means any unit,
  100  group of units, dwelling, building, or group of buildings within
  101  a single complex of buildings which is rented to guests more
  102  than three times in a calendar year for periods of less than 30
  103  days or 1 calendar month, whichever is less, or which is
  104  advertised or held out to the public as a place regularly rented
  105  to guests.
  106         2. “Nontransient public lodging establishment” means any
  107  unit, group of units, dwelling, building, or group of buildings
  108  within a single complex of buildings which is rented to guests
  109  for periods of at least 30 days or 1 calendar month, whichever
  110  is less, or which is advertised or held out to the public as a
  111  place regularly rented to guests for periods of at least 30 days
  112  or 1 calendar month.
  113  
  114  License classifications of public lodging establishments, and
  115  the definitions therefor, are set out in s. 509.242. For the
  116  purpose of licensure, the term does not include condominium
  117  common elements as defined in s. 718.103.
  118         (b) The following are excluded from the definitions in
  119  paragraph (a):
  120         1. Any dormitory or other living or sleeping facility
  121  maintained by a public or private school, college, or university
  122  for the use of students, faculty, or visitors.
  123         2. Any facility certified or licensed and regulated by the
  124  Agency for Health Care Administration or the Department of
  125  Children and Family Services or other similar place regulated
  126  under s. 381.0072.
  127         3. Any place renting four rental units or less, unless the
  128  rental units are advertised or held out to the public to be
  129  places that are regularly rented to transients.
  130         4. Any unit or group of units in a condominium,
  131  cooperative, or timeshare project plan and any individually or
  132  collectively owned one-family, two-family, three-family, or
  133  four-family dwelling house or dwelling unit that is rented for
  134  periods of at least 30 days or 1 calendar month, whichever is
  135  less, and that is not advertised or held out to the public as a
  136  place regularly rented for periods of less than 1 calendar
  137  month, provided that no more than four rental units within a
  138  single complex of buildings are available for rent.
  139         5. Any migrant labor camp or residential migrant housing
  140  permitted by the Department of Health under ss. 381.008
  141  381.00895.
  142         6. Any establishment inspected by the Department of Health
  143  and regulated by chapter 513.
  144         7. Any nonprofit organization that operates a facility
  145  providing housing only to patients, patients’ families, and
  146  patients’ caregivers and not to the general public.
  147         8. Any apartment building inspected by the United States
  148  Department of Housing and Urban Development or other entity
  149  acting on the department’s behalf that is designated primarily
  150  as housing for persons at least 62 years of age. The division
  151  may require the operator of the apartment building to attest in
  152  writing that such building meets the criteria provided in this
  153  subparagraph. The division may adopt rules to implement this
  154  requirement.
  155         9. Any roominghouse, boardinghouse, or other living or
  156  sleeping facility that may not be classified as a hotel, motel,
  157  timeshare project, vacation rental, nontransient apartment, bed
  158  and breakfast inn, or transient apartment under s. 509.242.
  159         Section 2. Paragraph (a) of subsection (2) of section
  160  509.032, Florida Statutes, is amended to read:
  161         509.032 Duties.—
  162         (2) INSPECTION OF PREMISES.—
  163         (a) The division has responsibility and jurisdiction for
  164  all inspections required by this chapter. The division has
  165  responsibility for quality assurance. Each licensed
  166  establishment shall be inspected at least biannually, except for
  167  transient and nontransient apartments, which shall be inspected
  168  at least annually, and shall be inspected at such other times as
  169  the division determines is necessary to ensure the public’s
  170  health, safety, and welfare. The division shall establish a
  171  system to determine inspection frequency. Public lodging units
  172  classified as vacation rentals or as timeshare projects are not
  173  subject to this requirement but shall be made available to the
  174  division upon request. If, during the inspection of a public
  175  lodging establishment classified for renting to transient or
  176  nontransient tenants, an inspector identifies vulnerable adults
  177  who appear to be victims of neglect, as defined in s. 415.102,
  178  or, in the case of a building that is not equipped with
  179  automatic sprinkler systems, tenants or clients who may be
  180  unable to self-preserve in an emergency, the division shall
  181  convene meetings with the following agencies as appropriate to
  182  the individual situation: the Department of Health, the
  183  Department of Elderly Affairs, the area agency on aging, the
  184  local fire marshal, the landlord and affected tenants and
  185  clients, and other relevant organizations, to develop a plan
  186  which improves the prospects for safety of affected residents
  187  and, if necessary, identifies alternative living arrangements
  188  such as facilities licensed under part II of chapter 400 or
  189  under chapter 429.
  190         Section 3. Subsection (9) of section 509.221, Florida
  191  Statutes, is amended to read:
  192         509.221 Sanitary regulations.—
  193         (9) Subsections (2), (5), and (6) do not apply to any
  194  facility or unit classified as a vacation rental, or
  195  nontransient apartment, or timeshare project as described in s.
  196  509.242(1)(c)-(e) and (d).
  197         Section 4. Subsection (2) of section 509.241, Florida
  198  Statutes, is amended to read:
  199         509.241 Licenses required; exceptions.—
  200         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  201  a public lodging establishment or a public food service
  202  establishment shall apply for and receive a license from the
  203  division prior to the commencement of operation. A condominium
  204  association, as defined in s. 718.103, which does not own any
  205  units classified as timeshare projects or vacation rentals under
  206  s. 509.242(1)(c) and (d) is not required to apply for or receive
  207  a public lodging establishment license.
  208         Section 5. Subsection (1) of section 509.242, Florida
  209  Statutes, is amended to read:
  210         509.242 Public lodging establishments; classifications.—
  211         (1) A public lodging establishment shall be classified as a
  212  hotel, motel, nontransient apartment, transient apartment, bed
  213  and breakfast inn, timeshare project, or vacation rental if the
  214  establishment satisfies the following criteria:
  215         (a) Hotel.—A hotel is any public lodging establishment
  216  containing sleeping room accommodations for 25 or more guests
  217  and providing the services generally provided by a hotel and
  218  recognized as a hotel in the community in which it is situated
  219  or by the industry.
  220         (b) Motel.—A motel is any public lodging establishment
  221  which offers rental units with an exit to the outside of each
  222  rental unit, daily or weekly rates, offstreet parking for each
  223  unit, a central office on the property with specified hours of
  224  operation, a bathroom or connecting bathroom for each rental
  225  unit, and at least six rental units, and which is recognized as
  226  a motel in the community in which it is situated or by the
  227  industry.
  228         (c) Timeshare project.—A timeshare project is any timeshare
  229  property as defined in chapter 721 which is located in this
  230  state and which is also a transient public lodging
  231  establishment.
  232         (d)(c)Vacation rental.—A vacation rental is any unit or
  233  group of units in a condominium, or cooperative, or timeshare
  234  plan or any individually or collectively owned single-family,
  235  two-family, three-family, or four-family house or dwelling unit
  236  that is also a transient public lodging establishment and that
  237  is not a timeshare project.
  238         (e)(d)Nontransient apartment.—A nontransient apartment is
  239  a building or complex of buildings in which 75 percent or more
  240  of the units are available for rent to nontransient tenants.
  241         (f)(e)Transient apartment.—A transient apartment is a
  242  building or complex of buildings in which more than 25 percent
  243  of the units are advertised or held out to the public as
  244  available for transient occupancy.
  245         (g)(f)Bed and breakfast inn.—A bed and breakfast inn is a
  246  family home structure, with no more than 15 sleeping rooms,
  247  which has been modified to serve as a transient public lodging
  248  establishment, which provides the accommodation and meal
  249  services generally offered by a bed and breakfast inn, and which
  250  is recognized as a bed and breakfast inn in the community in
  251  which it is situated or by the hospitality industry.
  252         Section 6. Subsection (1) of section 509.251, Florida
  253  Statutes, is amended to read:
  254         509.251 License fees.—
  255         (1) The division shall adopt, by rule, a schedule of fees
  256  to be paid by each public lodging establishment as a
  257  prerequisite to issuance or renewal of a license. Such fees
  258  shall be based on the number of rental units in the
  259  establishment. The aggregate fee per establishment charged any
  260  public lodging establishment shall not exceed $1,000; however,
  261  the fees described in paragraphs (a) and (b) may not be included
  262  as part of the aggregate fee subject to this cap. Vacation
  263  rental units or timeshare projects within separate buildings or
  264  at separate locations but managed by one licensed agent may be
  265  combined in a single license application, and the division shall
  266  charge a license fee as if all units in the application are in a
  267  single licensed establishment. The fee schedule shall require an
  268  establishment which applies for an initial license to pay the
  269  full license fee if application is made during the annual
  270  renewal period or more than 6 months prior to the next such
  271  renewal period and one-half of the fee if application is made 6
  272  months or less prior to such period. The fee schedule shall
  273  include fees collected for the purpose of funding the
  274  Hospitality Education Program, pursuant to s. 509.302, which are
  275  payable in full for each application regardless of when the
  276  application is submitted.
  277         (a) Upon making initial application or an application for
  278  change of ownership, the applicant shall pay to the division a
  279  fee as prescribed by rule, not to exceed $50, in addition to any
  280  other fees required by law, which shall cover all costs
  281  associated with initiating regulation of the establishment.
  282         (b) A license renewal filed with the division within 30
  283  days after the expiration date shall be accompanied by a
  284  delinquent fee as prescribed by rule, not to exceed $50, in
  285  addition to the renewal fee and any other fees required by law.
  286  A license renewal filed with the division more than 30 but not
  287  more than 60 days after the expiration date shall be accompanied
  288  by a delinquent fee as prescribed by rule, not to exceed $100,
  289  in addition to the renewal fee and any other fees required by
  290  law.
  291         Section 7. Subsection (1) of section 712.05, Florida
  292  Statutes, is amended to read:
  293         712.05 Effect of filing notice.—
  294         (1) A Any person claiming an interest in land or a
  295  homeowners’ association desiring to preserve a any covenant or
  296  restriction may preserve and protect the same from
  297  extinguishment by the operation of this act by filing for
  298  record, during the 30-year period immediately following the
  299  effective date of the root of title, a written notice, in
  300  writing, in accordance with this chapter. Such the provisions
  301  hereof, which notice preserves shall have the effect of so
  302  preserving such claim of right or such covenant or restriction
  303  or portion of such covenant or restriction for up to a period of
  304  not longer than 30 years after filing the notice same unless the
  305  notice is filed again filed as required in this chapter herein.
  306  A person’s No disability or lack of knowledge of any kind may
  307  not on the part of anyone shall delay the commencement of or
  308  suspend the running of the said 30-year period. Such notice may
  309  be filed for record by the claimant or by any other person
  310  acting on behalf of a any claimant who is:
  311         (a) Under a disability;,
  312         (b) Unable to assert a claim on his or her behalf;, or
  313         (c) One of a class, but whose identity cannot be
  314  established or is uncertain at the time of filing such notice of
  315  claim for record.
  316  
  317  Such notice may be filed by a homeowners’ association only if
  318  the preservation of such covenant or restriction or portion of
  319  such covenant or restriction is approved by at least two-thirds
  320  of the members of the board of directors of an incorporated
  321  homeowners’ association at a meeting for which a notice, stating
  322  the meeting’s time and place and containing the statement of
  323  marketable title action described in s. 712.06(1)(b), was mailed
  324  or hand delivered to members of the homeowners’ association at
  325  least not less than 7 days before prior to such meeting. The
  326  homeowners’ association or clerk of the circuit court is not
  327  required to provide additional notice pursuant to s. 712.06(3).
  328  The preceding sentence is intended to clarify existing law.
  329         Section 8. Subsection (13) of section 718.110, Florida
  330  Statutes, is amended to read:
  331         718.110 Amendment of declaration; correction of error or
  332  omission in declaration by circuit court.—
  333         (13) An amendment that prohibits prohibiting unit owners
  334  from renting their units or altering the duration of the rental
  335  term or that specifies or limits specifying or limiting the
  336  number of times unit owners are entitled to rent their units
  337  during a specified period does not apply applies only to unit
  338  owners who voted against consent to the amendment. However, such
  339  amendment applies to unit owners who consented to the amendment,
  340  who failed to cast a vote, or and unit owners who acquired
  341  acquire title to their units after the effective date of the
  342  that amendment.
  343         Section 9. Subsection (5), paragraph (j) of subsection
  344  (11), and paragraph (c) of subsection (12) of section 718.111,
  345  Florida Statutes, are amended, and paragraph (f) is added to
  346  subsection (12) of that section, to read:
  347         718.111 The association.—
  348         (5) RIGHT OF ACCESS TO UNITS.—
  349         (a) The association has the irrevocable right of access to
  350  each unit during reasonable hours, when necessary for the
  351  maintenance, repair, or replacement of any common elements or of
  352  any portion of a unit to be maintained by the association
  353  pursuant to the declaration or as necessary to prevent damage to
  354  the common elements or to a unit or units.
  355         (b)1. In addition to the association’s right of access in
  356  paragraph (a) and regardless of whether authority is provided in
  357  the declaration or other recorded condominium documents, an
  358  association, at the sole discretion of the board, may enter an
  359  abandoned unit to inspect the unit and adjoining common
  360  elements; make repairs to the unit or to the common elements
  361  serving the unit, as needed; repair the unit if mold or
  362  deterioration is present; turn on the utilities for the unit; or
  363  otherwise maintain, preserve, or protect the unit and adjoining
  364  common elements. For purposes of this paragraph, a unit is
  365  presumed to be abandoned if:
  366         a. The unit is the subject of a foreclosure action and no
  367  tenant appears to have resided in the unit for at least 4
  368  continuous weeks without prior written notice to the
  369  association; or
  370         b. No tenant appears to have resided in the unit for 2
  371  consecutive months without prior written notice to the
  372  association, and the association is unable to contact the owner
  373  or determine the whereabouts of the owner after reasonable
  374  inquiry.
  375         2. Except in the case of an emergency, an association may
  376  not enter an abandoned unit until 2 days after notice of the
  377  association’s intent to enter the unit has been mailed or hand
  378  delivered to the owner at the address of the owner as reflected
  379  in the records of the association. The notice may be given by
  380  electronic transmission to a unit owner who has consented to
  381  receive notice by electronic transmission.
  382         3. Any expense incurred by an association pursuant to this
  383  paragraph is chargeable to the unit owner and enforceable as an
  384  assessment pursuant to s. 718.116, and the association may use
  385  its lien authority provided by s. 718.116 to enforce collection
  386  of the expense.
  387         4. The association may petition a court of competent
  388  jurisdiction to appoint a receiver and may lease out an
  389  abandoned unit for the benefit of the association to offset
  390  against the rental income the association’s costs and expenses
  391  of maintaining, preserving, and protecting the unit and the
  392  adjoining common elements, including the costs of the
  393  receivership and all unpaid assessments, interest,
  394  administrative late fees, costs, and reasonable attorney fees.
  395         (11) INSURANCE.—In order to protect the safety, health, and
  396  welfare of the people of the State of Florida and to ensure
  397  consistency in the provision of insurance coverage to
  398  condominiums and their unit owners, this subsection applies to
  399  every residential condominium in the state, regardless of the
  400  date of its declaration of condominium. It is the intent of the
  401  Legislature to encourage lower or stable insurance premiums for
  402  associations described in this subsection.
  403         (j) Any portion of the condominium property that must be
  404  insured by the association against property loss pursuant to
  405  paragraph (f) which is damaged by an insurable event shall be
  406  reconstructed, repaired, or replaced as necessary by the
  407  association as a common expense. In the absence of an insurable
  408  event, responsibility for reconstruction, repair, or replacement
  409  shall be by the association or by the unit owners, as determined
  410  by the provisions of the declaration or bylaws. All property
  411  insurance deductibles, uninsured losses, and other damages in
  412  excess of property insurance coverage under the property
  413  insurance policies maintained by the association are a common
  414  expense of the condominium, except that:
  415         1. A unit owner is responsible for the costs of repair or
  416  replacement of any portion of the condominium property not paid
  417  by insurance proceeds if such damage is caused by intentional
  418  conduct, negligence, or failure to comply with the terms of the
  419  declaration or the rules of the association by a unit owner, the
  420  members of his or her family, unit occupants, tenants, guests,
  421  or invitees, without compromise of the subrogation rights of the
  422  insurer.
  423         2. The provisions of subparagraph 1. regarding the
  424  financial responsibility of a unit owner for the costs of
  425  repairing or replacing other portions of the condominium
  426  property also apply to the costs of repair or replacement of
  427  personal property of other unit owners or the association, as
  428  well as other property, whether real or personal, which the unit
  429  owners are required to insure.
  430         3. To the extent the cost of repair or reconstruction for
  431  which the unit owner is responsible under this paragraph is
  432  reimbursed to the association by insurance proceeds, and the
  433  association has collected the cost of such repair or
  434  reconstruction from the unit owner, the association shall
  435  reimburse the unit owner without the waiver of any rights of
  436  subrogation.
  437         4. The association is not obligated to pay for
  438  reconstruction or repairs of property losses as a common expense
  439  if the property losses were known or should have been known to a
  440  unit owner and were not reported to the association until after
  441  the insurance claim of the association for that property was
  442  settled or resolved with finality, or denied because it was
  443  untimely filed.
  444         (12) OFFICIAL RECORDS.—
  445         (c) The official records of the association are open to
  446  inspection by any association member or the authorized
  447  representative of such member at all reasonable times. The right
  448  to inspect the records includes the right to make or obtain
  449  copies, at the reasonable expense, if any, of the member. The
  450  association may adopt reasonable rules regarding the frequency,
  451  time, location, notice, and manner of record inspections and
  452  copying. The failure of an association to provide the records
  453  within 10 working days after receipt of a written request
  454  creates a rebuttable presumption that the association willfully
  455  failed to comply with this paragraph. A unit owner who is denied
  456  access to official records is entitled to the actual damages or
  457  minimum damages for the association’s willful failure to comply.
  458  Minimum damages are $50 per calendar day for up to 10 days,
  459  beginning on the 11th working day after receipt of the written
  460  request. The failure to permit inspection entitles any person
  461  prevailing in an enforcement action to recover reasonable
  462  attorney fees from the person in control of the records who,
  463  directly or indirectly, knowingly denied access to the records.
  464  Any person who knowingly or intentionally defaces or destroys
  465  accounting records that are required by this chapter to be
  466  maintained during the period for which such records are required
  467  to be maintained, or who knowingly or intentionally fails to
  468  create or maintain accounting records that are required to be
  469  created or maintained, with the intent of causing harm to the
  470  association or one or more of its members, is personally subject
  471  to a civil penalty pursuant to s. 718.501(1)(d). The association
  472  shall maintain an adequate number of copies of the declaration,
  473  articles of incorporation, bylaws, and rules, and all amendments
  474  to each of the foregoing, as well as the question and answer
  475  sheet as described in s. 718.504 and year-end financial
  476  information required under this section, on the condominium
  477  property to ensure their availability to unit owners and
  478  prospective purchasers, and may charge its actual costs for
  479  preparing and furnishing these documents to those requesting the
  480  documents. An association shall allow a member or his or her
  481  authorized representative to use a portable device, including a
  482  smartphone, tablet, portable scanner, or any other technology
  483  capable of scanning or taking photographs, to make an electronic
  484  copy of the official records in lieu of the association’s
  485  providing the member or his or her authorized representative
  486  with a copy of such records. The association may not charge a
  487  member or his or her authorized representative for the use of a
  488  portable device. Notwithstanding this paragraph, the following
  489  records are not accessible to unit owners:
  490         1. Any record protected by the lawyer-client privilege as
  491  described in s. 90.502 and any record protected by the work
  492  product privilege, including a record prepared by an association
  493  attorney or prepared at the attorney’s express direction, which
  494  reflects a mental impression, conclusion, litigation strategy,
  495  or legal theory of the attorney or the association, and which
  496  was prepared exclusively for civil or criminal litigation or for
  497  adversarial administrative proceedings, or which was prepared in
  498  anticipation of such litigation or proceedings until the
  499  conclusion of the litigation or proceedings.
  500         2. Information obtained by an association in connection
  501  with the approval of the lease, sale, or other transfer of a
  502  unit.
  503         3. Personnel records of association or management company
  504  employees, including, but not limited to, disciplinary, payroll,
  505  health, and insurance records. For purposes of this
  506  subparagraph, the term “personnel records” does not include
  507  written employment agreements with an association employee or
  508  management company, or budgetary or financial records that
  509  indicate the compensation paid to an association employee.
  510         4. Medical records of unit owners.
  511         5. Social security numbers, driver’s license numbers,
  512  credit card numbers, e-mail addresses, telephone numbers,
  513  facsimile numbers, emergency contact information, addresses of a
  514  unit owner other than as provided to fulfill the association’s
  515  notice requirements, and other personal identifying information
  516  of any person, excluding the person’s name, unit designation,
  517  mailing address, property address, and any address, e-mail
  518  address, or facsimile number provided to the association to
  519  fulfill the association’s notice requirements. Notwithstanding
  520  the restrictions in this subparagraph, an association may print
  521  and distribute to parcel owners a directory containing the name,
  522  parcel address, and all telephone numbers number of each parcel
  523  owner. However, an owner may exclude his or her telephone number
  524  from the directory by so requesting in writing to the
  525  association. An owner may consent in writing to the disclosure
  526  of other contact information described in this subparagraph. The
  527  association is not liable for the inadvertent disclosure of
  528  information that is protected under this subparagraph if the
  529  information is included in an official record of the association
  530  and is voluntarily provided by an owner and not requested by the
  531  association.
  532         6. Electronic security measures that are used by the
  533  association to safeguard data, including passwords.
  534         7. The software and operating system used by the
  535  association which allow the manipulation of data, even if the
  536  owner owns a copy of the same software used by the association.
  537  The data is part of the official records of the association.
  538         (f) An outgoing board or committee member must relinquish
  539  all official records and property of the association in his or
  540  her possession or under his or her control to the incoming board
  541  within 5 days after the election. The division shall impose a
  542  civil penalty as set forth in s. 718.501(1)(d)6. against an
  543  outgoing board or committee member who willfully and knowingly
  544  fails to relinquish such records and property.
  545         Section 10. Paragraphs (b) and (c) of subsection (2) of
  546  section 718.112, Florida Statutes, are amended to read:
  547         718.112 Bylaws.—
  548         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  549  following and, if they do not do so, shall be deemed to include
  550  the following:
  551         (b) Quorum; voting requirements; proxies.—
  552         1. Unless a lower number is provided in the bylaws, the
  553  percentage of voting interests required to constitute a quorum
  554  at a meeting of the members is a majority of the voting
  555  interests. Unless otherwise provided in this chapter or in the
  556  declaration, articles of incorporation, or bylaws, and except as
  557  provided in subparagraph (d)4., decisions shall be made by a
  558  majority of the voting interests represented at a meeting at
  559  which a quorum is present.
  560         2. Except as specifically otherwise provided herein, unit
  561  owners may not vote by general proxy, but may vote by limited
  562  proxies substantially conforming to a limited proxy form adopted
  563  by the division. A voting interest or consent right allocated to
  564  a unit owned by the association may not be exercised or
  565  considered for any purpose, whether for a quorum, an election,
  566  or otherwise. Limited proxies and general proxies may be used to
  567  establish a quorum. Limited proxies shall be used for votes
  568  taken to waive or reduce reserves in accordance with
  569  subparagraph (f)2.; for votes taken to waive the financial
  570  reporting requirements of s. 718.111(13); for votes taken to
  571  amend the declaration pursuant to s. 718.110; for votes taken to
  572  amend the articles of incorporation or bylaws pursuant to this
  573  section; and for any other matter for which this chapter
  574  requires or permits a vote of the unit owners. Except as
  575  provided in paragraph (d), a proxy, limited or general, may not
  576  be used in the election of board members. General proxies may be
  577  used for other matters for which limited proxies are not
  578  required, and may be used in voting for nonsubstantive changes
  579  to items for which a limited proxy is required and given.
  580  Notwithstanding this subparagraph, unit owners may vote in
  581  person at unit owner meetings. This subparagraph does not limit
  582  the use of general proxies or require the use of limited proxies
  583  for any agenda item or election at any meeting of a timeshare
  584  condominium association.
  585         3. Any proxy given is effective only for the specific
  586  meeting for which originally given and any lawfully adjourned
  587  meetings thereof. A proxy is not valid longer than 90 days after
  588  the date of the first meeting for which it was given and may be
  589  revoked. Every proxy is revocable at any time at the pleasure of
  590  the unit owner executing it.
  591         4. A member of the board of administration or a committee
  592  may submit in writing his or her agreement or disagreement with
  593  any action taken at a meeting that the member did not attend.
  594  This agreement or disagreement may not be used as a vote for or
  595  against the action taken or to create a quorum.
  596         5. A If any of the board or committee member’s
  597  participation in a meeting via telephone, real-time
  598  videoconferencing, or similar real-time electronic or video
  599  communication counts toward a quorum, and such member may vote
  600  as if physically present members meet by telephone conference,
  601  those board or committee members may be counted toward obtaining
  602  a quorum and may vote by telephone. A telephone speaker must be
  603  used so that the conversation of such those members may be heard
  604  by the board or committee members attending in person as well as
  605  by any unit owners present at a meeting.
  606         (c) Board of administration meetings.—Meetings of the board
  607  of administration at which a quorum of the members is present
  608  are open to all unit owners. Members of the board of
  609  administration may use e-mail as a means of communication but
  610  may not cast a vote on an association matter via e-mail. A unit
  611  owner may tape record or videotape the meetings. The right to
  612  attend such meetings includes the right to speak at such
  613  meetings with reference to all designated agenda items. The
  614  division shall adopt reasonable rules governing the tape
  615  recording and videotaping of the meeting. The association may
  616  adopt written reasonable rules governing the frequency,
  617  duration, and manner of unit owner statements.
  618         1. Adequate notice of all board meetings, which must
  619  specifically identify all agenda items, must be posted
  620  conspicuously on the condominium property at least 48 continuous
  621  hours before the meeting except in an emergency. If 20 percent
  622  of the voting interests petition the board to address an item of
  623  business, the board, within 60 days after receipt of the
  624  petition, shall place the item on the agenda at its next regular
  625  board meeting or at a special meeting called for that purpose of
  626  the board, but not later than 60 days after the receipt of the
  627  petition, shall place the item on the agenda. An Any item not
  628  included on the notice may be taken up on an emergency basis by
  629  a vote of at least a majority plus one of the board members.
  630  Such emergency action must be noticed and ratified at the next
  631  regular board meeting. However, written notice of a any meeting
  632  at which a nonemergency special assessment assessments, or an at
  633  which amendment to rules regarding unit use, will be considered
  634  must be mailed, delivered, or electronically transmitted to the
  635  unit owners and posted conspicuously on the condominium property
  636  at least 14 days before the meeting. Evidence of compliance with
  637  this 14-day notice requirement must be made by an affidavit
  638  executed by the person providing the notice and filed with the
  639  official records of the association. Upon notice to the unit
  640  owners, the board shall, by duly adopted rule, designate a
  641  specific location on the condominium or association property
  642  where all notices of board meetings must are to be posted. If
  643  there is no condominium property or association property where
  644  notices can be posted, notices shall be mailed, delivered, or
  645  electronically transmitted to each unit owner at least 14 days
  646  before the meeting to the owner of each unit. In lieu of or in
  647  addition to the physical posting of the notice on the
  648  condominium property, the association may, by reasonable rule,
  649  adopt a procedure for conspicuously posting and repeatedly
  650  broadcasting the notice and the agenda on a closed-circuit cable
  651  television system serving the condominium association. However,
  652  if broadcast notice is used in lieu of a notice physically
  653  posted on condominium property, the notice and agenda must be
  654  broadcast at least four times every broadcast hour of each day
  655  that a posted notice is otherwise required under this section.
  656  If broadcast notice is provided, the notice and agenda must be
  657  broadcast in a manner and for a sufficient continuous length of
  658  time so as to allow an average reader to observe the notice and
  659  read and comprehend the entire content of the notice and the
  660  agenda. Notice of any meeting in which regular or special
  661  assessments against unit owners are to be considered for any
  662  reason must specifically state that assessments will be
  663  considered and provide the nature, estimated cost, and
  664  description of the purposes for such assessments.
  665         2. Meetings of a committee to take final action on behalf
  666  of the board or make recommendations to the board regarding the
  667  association budget are subject to this paragraph. Meetings of a
  668  committee that does not take final action on behalf of the board
  669  or make recommendations to the board regarding the association
  670  budget are subject to this section, unless those meetings are
  671  exempted from this section by the bylaws of the association.
  672         3. Notwithstanding any other law, the requirement that
  673  board meetings and committee meetings be open to the unit owners
  674  does not apply to:
  675         a. Meetings between the board or a committee and the
  676  association’s attorney, with respect to proposed or pending
  677  litigation, if the meeting is held for the purpose of seeking or
  678  rendering legal advice; or
  679         b. Board meetings held for the purpose of discussing
  680  personnel matters.
  681         Section 11. Paragraph (a) of subsection (1) of section
  682  718.116, Florida Statutes, is amended to read:
  683         718.116 Assessments; liability; lien and priority;
  684  interest; collection.—
  685         (1)(a) A unit owner, regardless of how his or her title has
  686  been acquired, including by purchase at a foreclosure sale or by
  687  deed in lieu of foreclosure, is liable for all assessments which
  688  come due while he or she is the unit owner. Additionally, a unit
  689  owner is jointly and severally liable with the previous owner
  690  for all unpaid assessments that came due up to the time of
  691  transfer of title, as well as interest, late charges, and
  692  reasonable costs and attorney fees incurred by the association
  693  incident to the collection process. This liability is without
  694  prejudice to any right the owner may have to recover from the
  695  previous owner the amounts paid by the owner. For the purposes
  696  of this paragraph, the term “previous owner” does not include an
  697  association that acquires title to a delinquent property through
  698  foreclosure or by deed in lieu of foreclosure. The present
  699  parcel owner’s liability for unpaid assessments, interest, late
  700  charges, and reasonable costs and attorney fees incurred by the
  701  association incident to the collection process is limited to
  702  those amounts that accrued before the association acquired title
  703  to the delinquent property through foreclosure or by deed in
  704  lieu of foreclosure.
  705         Section 12. Section 718.707, Florida Statutes, is amended
  706  to read:
  707         718.707 Time limitation for classification as bulk assignee
  708  or bulk buyer.—A person acquiring condominium parcels may not be
  709  classified as a bulk assignee or bulk buyer unless the
  710  condominium parcels were acquired on or after July 1, 2010, but
  711  before July 1, 2016 2015. The date of such acquisition shall be
  712  determined by the date of recording a deed or other instrument
  713  of conveyance for such parcels in the public records of the
  714  county in which the condominium is located, or by the date of
  715  issuing a certificate of title in a foreclosure proceeding with
  716  respect to such condominium parcels.
  717         Section 13. Paragraph (c) of subsection (2) and subsection
  718  (4) of section 719.104, Florida Statutes, are amended, and
  719  paragraph (e) is added to subsection (4) of that section, to
  720  read:
  721         719.104 Cooperatives; access to units; records; financial
  722  reports; assessments; purchase of leases.—
  723         (2) OFFICIAL RECORDS.—
  724         (c) The official records of the association are open to
  725  inspection by any association member or the authorized
  726  representative of such member at all reasonable times. The right
  727  to inspect the records includes the right to make or obtain
  728  copies, at the reasonable expense, if any, of the association
  729  member. The association may adopt reasonable rules regarding the
  730  frequency, time, location, notice, and manner of record
  731  inspections and copying. The failure of an association to
  732  provide the records within 10 working days after receipt of a
  733  written request creates a rebuttable presumption that the
  734  association willfully failed to comply with this paragraph. A
  735  unit owner who is denied access to official records is entitled
  736  to the actual damages or minimum damages for the association’s
  737  willful failure to comply. The minimum damages are $50 per
  738  calendar day for up to 10 days, beginning on the 11th working
  739  day after receipt of the written request. The failure to permit
  740  inspection entitles any person prevailing in an enforcement
  741  action to recover reasonable attorney fees from the person in
  742  control of the records who, directly or indirectly, knowingly
  743  denied access to the records. Any person who knowingly or
  744  intentionally defaces or destroys accounting records that are
  745  required by this chapter to be maintained during the period for
  746  which such records are required to be maintained, or who
  747  knowingly or intentionally fails to create or maintain
  748  accounting records that are required to be created or
  749  maintained, with the intent of causing harm to the association
  750  or one or more of its members, is personally subject to a civil
  751  penalty pursuant to s. 719.501(1)(d). The association shall
  752  maintain an adequate number of copies of the declaration,
  753  articles of incorporation, bylaws, and rules, and all amendments
  754  to each of the foregoing, as well as the question and answer
  755  sheet as described in s. 719.504 and year-end financial
  756  information required by the department, on the cooperative
  757  property to ensure their availability to unit owners and
  758  prospective purchasers, and may charge its actual costs for
  759  preparing and furnishing these documents to those requesting the
  760  same. An association shall allow a member or his or her
  761  authorized representative to use a portable device, including a
  762  smartphone, tablet, portable scanner, or any other technology
  763  capable of scanning or taking photographs, to make an electronic
  764  copy of the official records in lieu of the association
  765  providing the member or his or her authorized representative
  766  with a copy of such records. The association may not charge a
  767  member or his or her authorized representative for the use of a
  768  portable device. Notwithstanding this paragraph, the following
  769  records shall not be accessible to unit owners:
  770         1. Any record protected by the lawyer-client privilege as
  771  described in s. 90.502 and any record protected by the work
  772  product privilege, including any record prepared by an
  773  association attorney or prepared at the attorney’s express
  774  direction which reflects a mental impression, conclusion,
  775  litigation strategy, or legal theory of the attorney or the
  776  association, and which was prepared exclusively for civil or
  777  criminal litigation or for adversarial administrative
  778  proceedings, or which was prepared in anticipation of such
  779  litigation or proceedings until the conclusion of the litigation
  780  or proceedings.
  781         2. Information obtained by an association in connection
  782  with the approval of the lease, sale, or other transfer of a
  783  unit.
  784         3. Personnel records of association or management company
  785  employees, including, but not limited to, disciplinary, payroll,
  786  health, and insurance records. For purposes of this
  787  subparagraph, the term “personnel records” does not include
  788  written employment agreements with an association employee or
  789  management company, or budgetary or financial records that
  790  indicate the compensation paid to an association employee.
  791         4. Medical records of unit owners.
  792         5. Social security numbers, driver license numbers, credit
  793  card numbers, e-mail addresses, telephone numbers, facsimile
  794  numbers, emergency contact information, addresses of a unit
  795  owner other than as provided to fulfill the association’s notice
  796  requirements, and other personal identifying information of any
  797  person, excluding the person’s name, unit designation, mailing
  798  address, property address, and any address, e-mail address, or
  799  facsimile number provided to the association to fulfill the
  800  association’s notice requirements. Notwithstanding the
  801  restrictions in this subparagraph, an association may print and
  802  distribute to parcel owners a directory containing the name,
  803  parcel address, and all telephone numbers number of each parcel
  804  owner. However, an owner may exclude his or her telephone number
  805  from the directory by so requesting in writing to the
  806  association. An owner may consent in writing to the disclosure
  807  of other contact information described in this subparagraph. The
  808  association is not liable for the inadvertent disclosure of
  809  information that is protected under this subparagraph if the
  810  information is included in an official record of the association
  811  and is voluntarily provided by an owner and not requested by the
  812  association.
  813         6. Electronic security measures that are used by the
  814  association to safeguard data, including passwords.
  815         7. The software and operating system used by the
  816  association which allow the manipulation of data, even if the
  817  owner owns a copy of the same software used by the association.
  818  The data is part of the official records of the association.
  819         (e) An outgoing board or committee member must relinquish
  820  all official records and property of the association in his or
  821  her possession or under his or her control to the incoming board
  822  within 5 days after the election. The division shall impose a
  823  civil penalty as set forth in s. 719.501(1)(d) against an
  824  outgoing board or committee member who willfully and knowingly
  825  fails to relinquish such records and property.
  826         (4) FINANCIAL REPORT.—
  827         (a) Within 90 60 days following the end of the fiscal or
  828  calendar year or annually on such date as is otherwise provided
  829  in the bylaws of the association, the board of administration of
  830  the association shall prepare and complete, or contract with a
  831  third party to prepare and complete, a financial report covering
  832  the preceding fiscal or calendar year. Within 21 days after the
  833  financial report is completed by the association or received
  834  from the third party, but no later than 120 days after the end
  835  of the fiscal year, calendar year, or other date provided in the
  836  bylaws, the association shall provide each member with a copy of
  837  the annual financial report or a written notice that a copy of
  838  the financial report is available upon request at no charge to
  839  the member. The division shall adopt rules setting forth uniform
  840  accounting principles, standards, and reporting requirements
  841  mail or furnish by personal delivery to each unit owner a
  842  complete financial report of actual receipts and expenditures
  843  for the previous 12 months, or a complete set of financial
  844  statements for the preceding fiscal year prepared in accordance
  845  with generally accepted accounting procedures. The report shall
  846  show the amounts of receipts by accounts and receipt
  847  classifications and shall show the amounts of expenses by
  848  accounts and expense classifications including, if applicable,
  849  but not limited to, the following:
  850         1. Costs for security;
  851         2. Professional and management fees and expenses;
  852         3. Taxes;
  853         4. Costs for recreation facilities;
  854         5. Expenses for refuse collection and utility services;
  855         6. Expenses for lawn care;
  856         7. Costs for building maintenance and repair;
  857         8. Insurance costs;
  858         9. Administrative and salary expenses; and
  859         10. Reserves for capital expenditures, deferred
  860  maintenance, and any other category for which the association
  861  maintains a reserve account or accounts.
  862         (b) Except as provided in paragraph (c), an association
  863  whose total annual revenues meet the criteria of this paragraph
  864  shall prepare or cause to be prepared a complete financial
  865  statement according to the generally accepted accounting
  866  principles adopted by the Board of Accountancy. The financial
  867  statement shall be as follows:
  868         1. An association with total annual revenues between
  869  $150,000 and $299,999 shall prepare a compiled financial
  870  statement.
  871         2. An association with total annual revenues between
  872  $300,000 and $499,999 shall prepare a reviewed financial
  873  statement.
  874         3. An association with total annual revenues of $500,000 or
  875  more shall prepare an audited financial statement The division
  876  shall adopt rules that may require that the association deliver
  877  to the unit owners, in lieu of the financial report required by
  878  this section, a complete set of financial statements for the
  879  preceding fiscal year. The financial statements shall be
  880  delivered within 90 days following the end of the previous
  881  fiscal year or annually on such other date as provided in the
  882  bylaws. The rules of the division may require that the financial
  883  statements be compiled, reviewed, or audited, and the rules
  884  shall take into consideration the criteria set forth in s.
  885  719.501(1)(j).
  886  
  887  The requirement to have the financial statement statements
  888  compiled, reviewed, or audited does not apply to an association
  889  associations if a majority of the voting interests of the
  890  association present at a duly called meeting of the association
  891  have voted determined for a fiscal year to waive this
  892  requirement for the fiscal year. In an association in which
  893  turnover of control by the developer has not occurred, the
  894  developer may vote to waive the audit requirement for the first
  895  2 years of the operation of the association, after which time
  896  waiver of an applicable audit requirement shall be by a majority
  897  of voting interests other than the developer. The meeting shall
  898  be held prior to the end of the fiscal year, and the waiver
  899  shall be effective for only one fiscal year. An association may
  900  not waive the financial reporting requirements of this section
  901  for more than 3 consecutive years This subsection does not apply
  902  to a cooperative that consists of 50 or fewer units.
  903         (c)1. An association with total annual revenues of less
  904  than $150,000 shall prepare a report of cash receipts and
  905  expenditures.
  906         2. An association in a community of fewer than 50 units,
  907  regardless of the association’s annual revenues, shall prepare a
  908  report of cash receipts and expenditures in lieu of the
  909  financial statement required by paragraph (b), unless the
  910  declaration or other recorded governing documents provide
  911  otherwise.
  912         3. A report of cash receipts and expenditures must disclose
  913  the amount of receipts by accounts and receipt classifications
  914  and the amount of expenses by accounts and expense
  915  classifications, including the following, as applicable: costs
  916  for security; professional and management fees and expenses;
  917  taxes; costs for recreation facilities; expenses for refuse
  918  collection and utility services; expenses for lawn care; costs
  919  for building maintenance and repair; insurance costs;
  920  administration and salary expenses; and reserves, if maintained
  921  by the association.
  922         (d) If at least 20 percent of the unit owners petition the
  923  board for a greater level of financial reporting than that
  924  required by this section, the association shall duly notice and
  925  hold a meeting of members within 30 days after receipt of the
  926  petition to vote on raising the level of reporting for that
  927  fiscal year. Upon approval by a majority of the voting interests
  928  represented at a meeting at which a quorum of unit owners is
  929  present, the association shall prepare an amended budget or
  930  shall adopt a special assessment to pay for the financial report
  931  regardless of any provision to the contrary in the declaration
  932  or other recorded governing documents. In addition, the
  933  association shall provide within 90 days after the meeting or
  934  the end of the fiscal year, whichever occurs later:
  935         1. A compiled, reviewed, or audited financial statement, if
  936  the association is otherwise required to prepare a report of
  937  cash receipts and expenditures;
  938         2. A reviewed or audited financial statement, if the
  939  association is otherwise required to prepare a compiled
  940  financial statement; or
  941         3. An audited financial statement, if the association is
  942  otherwise required to prepare a reviewed financial statement.
  943         (e) If approved by a majority of the voting interests
  944  present at a properly called meeting of the association, an
  945  association may prepare or cause to be prepared:
  946         1. A report of cash receipts and expenditures in lieu of a
  947  compiled, reviewed, or audited financial statement;
  948         2. A report of cash receipts and expenditures or a compiled
  949  financial statement in lieu of a reviewed or audited financial
  950  statement; or
  951         3. A report of cash receipts and expenditures, a compiled
  952  financial statement, or a reviewed financial statement in lieu
  953  of an audited financial statement.
  954         Section 14. Paragraph (a) of subsection (1) of section
  955  719.106, Florida Statutes, is amended to read:
  956         719.106 Bylaws; cooperative ownership.—
  957         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  958  documents shall provide for the following, and if they do not,
  959  they shall be deemed to include the following:
  960         (a) Administration.—
  961         1. The form of administration of the association shall be
  962  described, indicating the titles of the officers and board of
  963  administration and specifying the powers, duties, manner of
  964  selection and removal, and compensation, if any, of officers and
  965  board members. In the absence of such a provision, the board of
  966  administration shall be composed of five members, except in the
  967  case of cooperatives having five or fewer units, in which case
  968  in not-for-profit corporations, the board shall consist of not
  969  fewer than three members. In the absence of provisions to the
  970  contrary, the board of administration shall have a president, a
  971  secretary, and a treasurer, who shall perform the duties of
  972  those offices customarily performed by officers of corporations.
  973  Unless prohibited in the bylaws, the board of administration may
  974  appoint other officers and grant them those duties it deems
  975  appropriate. Unless otherwise provided in the bylaws, the
  976  officers shall serve without compensation and at the pleasure of
  977  the board. Unless otherwise provided in the bylaws, the members
  978  of the board shall serve without compensation.
  979         2. A person who has been suspended or removed by the
  980  division under this chapter, or who is delinquent in the payment
  981  of any monetary obligation due to the association, is not
  982  eligible to be a candidate for board membership and may not be
  983  listed on the ballot. A director or officer charged by
  984  information or indictment with a felony theft or embezzlement
  985  offense involving the association’s funds or property is
  986  suspended from office. The board shall fill the vacancy
  987  according to general law until the end of the period of the
  988  suspension or the end of the director’s term of office,
  989  whichever occurs first. However, if the charges are resolved
  990  without a finding of guilt or without acceptance of a plea of
  991  guilty or nolo contendere, the director or officer shall be
  992  reinstated for any remainder of his or her term of office. A
  993  member who has such criminal charges pending may not be
  994  appointed or elected to a position as a director or officer. A
  995  person who has been convicted of any felony in this state or in
  996  any United States District Court, or who has been convicted of
  997  any offense in another jurisdiction which would be considered a
  998  felony if committed in this state, is not eligible for board
  999  membership unless such felon’s civil rights have been restored
 1000  for at least 5 years as of the date such person seeks election
 1001  to the board. The validity of an action by the board is not
 1002  affected if it is later determined that a board member is
 1003  ineligible for board membership due to having been convicted of
 1004  a felony.
 1005         3.2. When a unit owner files a written inquiry by certified
 1006  mail with the board of administration, the board shall respond
 1007  in writing to the unit owner within 30 days of receipt of the
 1008  inquiry. The board’s response shall either give a substantive
 1009  response to the inquirer, notify the inquirer that a legal
 1010  opinion has been requested, or notify the inquirer that advice
 1011  has been requested from the division. If the board requests
 1012  advice from the division, the board shall, within 10 days of its
 1013  receipt of the advice, provide in writing a substantive response
 1014  to the inquirer. If a legal opinion is requested, the board
 1015  shall, within 60 days after the receipt of the inquiry, provide
 1016  in writing a substantive response to the inquirer. The failure
 1017  to provide a substantive response to the inquirer as provided
 1018  herein precludes the board from recovering attorney attorney’s
 1019  fees and costs in any subsequent litigation, administrative
 1020  proceeding, or arbitration arising out of the inquiry. The
 1021  association may, through its board of administration, adopt
 1022  reasonable rules and regulations regarding the frequency and
 1023  manner of responding to the unit owners’ inquiries, one of which
 1024  may be that the association is obligated to respond to only one
 1025  written inquiry per unit in any given 30-day period. In such
 1026  case, any additional inquiry or inquiries must be responded to
 1027  in the subsequent 30-day period, or periods, as applicable.
 1028         Section 15. Subsection (1) of section 719.108, Florida
 1029  Statutes, is amended to read:
 1030         719.108 Rents and assessments; liability; lien and
 1031  priority; interest; collection; cooperative ownership.—
 1032         (1) A unit owner, regardless of how title is acquired,
 1033  including, without limitation, a purchaser at a judicial sale,
 1034  shall be liable for all rents and assessments coming due while
 1035  the unit owner is in exclusive possession of a unit. In a
 1036  voluntary transfer, the unit owner in exclusive possession shall
 1037  be jointly and severally liable with the previous unit owner for
 1038  all unpaid rents and assessments against the previous unit owner
 1039  for his or her share of the common expenses up to the time of
 1040  the transfer, as well as interest, late charges, and reasonable
 1041  costs and attorney fees incurred by the association incident to
 1042  the collection process without prejudice to the rights of the
 1043  unit owner in exclusive possession to recover from the previous
 1044  unit owner the amounts paid by the unit owner in exclusive
 1045  possession therefor. For the purposes of this paragraph, the
 1046  term “previous owner” does not include an association that
 1047  acquires title to a delinquent property through foreclosure or
 1048  by deed in lieu of foreclosure. The present parcel owner’s
 1049  liability for unpaid rents and assessments, interest, late
 1050  charges, and reasonable costs and attorney fees incurred by the
 1051  association incident to the collection process is limited to
 1052  those amounts that accrued before the association acquired title
 1053  to the delinquent property through foreclosure or by deed in
 1054  lieu of foreclosure.
 1055         Section 16. Section 719.128, Florida Statutes, is created
 1056  to read:
 1057         719.128 Association emergency powers.—
 1058         (1) To the extent allowed by law, unless specifically
 1059  prohibited by the cooperative documents, and consistent with s.
 1060  617.0830, the board of administration, in response to damage
 1061  caused by an event for which a state of emergency is declared
 1062  pursuant to s. 252.36 in the area encompassed by the
 1063  cooperative, may exercise the following powers:
 1064         (a) Conduct board or membership meetings after notice of
 1065  the meetings and board decisions is provided in as practicable a
 1066  manner as possible, including via publication, radio, United
 1067  States mail, the Internet, public service announcements,
 1068  conspicuous posting on the cooperative property, or any other
 1069  means the board deems appropriate under the circumstances.
 1070         (b) Cancel and reschedule an association meeting.
 1071         (c) Designate assistant officers who are not directors. If
 1072  the executive officer is incapacitated or unavailable, the
 1073  assistant officer has the same authority during the state of
 1074  emergency as the executive officer he or she assists.
 1075         (d) Relocate the association’s principal office or
 1076  designate an alternative principal office.
 1077         (e) Enter into agreements with counties and municipalities
 1078  to assist counties and municipalities with debris removal.
 1079         (f) Implement a disaster plan before or immediately
 1080  following the event for which a state of emergency is declared,
 1081  which may include turning on or shutting off elevators;
 1082  electricity; water, sewer, or security systems; or air
 1083  conditioners for association buildings.
 1084         (g) Based upon the advice of emergency management officials
 1085  or upon the advice of licensed professionals retained by the
 1086  board of administration, determine any portion of the
 1087  cooperative property unavailable for entry or occupancy by unit
 1088  owners or their family members, tenants, guests, agents, or
 1089  invitees to protect their health, safety, or welfare.
 1090         (h) Based upon the advice of emergency management officials
 1091  or upon the advice of licensed professionals retained by the
 1092  board of administration, determine whether the cooperative
 1093  property can be safely inhabited or occupied. However, such
 1094  determination is not conclusive as to any determination of
 1095  habitability pursuant to the declaration.
 1096         (i) Require the evacuation of the cooperative property in
 1097  the event of a mandatory evacuation order in the area where the
 1098  cooperative is located. If a unit owner or other occupant of a
 1099  cooperative fails to evacuate the cooperative property for which
 1100  the board has required evacuation, the association is immune
 1101  from liability for injury to persons or property arising from
 1102  such failure.
 1103         (j) Mitigate further damage, including taking action to
 1104  contract for the removal of debris and to prevent or mitigate
 1105  the spread of fungus, including mold or mildew, by removing and
 1106  disposing of wet drywall, insulation, carpet, cabinetry, or
 1107  other fixtures on or within the cooperative property, regardless
 1108  of whether the unit owner is obligated by the declaration or law
 1109  to insure or replace those fixtures and to remove personal
 1110  property from a unit.
 1111         (k) Contract, on behalf of a unit owner, for items or
 1112  services for which the owner is otherwise individually
 1113  responsible, but which are necessary to prevent further damage
 1114  to the cooperative property. In such event, the unit owner on
 1115  whose behalf the board has contracted is responsible for
 1116  reimbursing the association for the actual costs of the items or
 1117  services, and the association may use its lien authority
 1118  provided by s. 719.108 to enforce collection of the charges.
 1119  Such items or services may include the drying of the unit, the
 1120  boarding of broken windows or doors, and the replacement of a
 1121  damaged air conditioner or air handler to provide climate
 1122  control in the unit or other portions of the property.
 1123         (l) Notwithstanding a provision to the contrary, and
 1124  regardless of whether such authority does not specifically
 1125  appear in the cooperative documents, levy special assessments
 1126  without a vote of the owners.
 1127         (m) Without unit owners’ approval, borrow money and pledge
 1128  association assets as collateral to fund emergency repairs and
 1129  carry out the duties of the association if operating funds are
 1130  insufficient. This paragraph does not limit the general
 1131  authority of the association to borrow money, subject to such
 1132  restrictions contained in the cooperative documents.
 1133         (2) The authority granted under subsection (1) is limited
 1134  to that time reasonably necessary to protect the health, safety,
 1135  and welfare of the association and the unit owners and their
 1136  family members, tenants, guests, agents, or invitees, and to
 1137  mitigate further damage and make emergency repairs.
 1138         Section 17. Paragraph (c) of subsection (5) of section
 1139  720.303, Florida Statutes, is amended to read:
 1140         720.303 Association powers and duties; meetings of board;
 1141  official records; budgets; financial reporting; association
 1142  funds; recalls.—
 1143         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1144  shall be maintained within the state for at least 7 years and
 1145  shall be made available to a parcel owner for inspection or
 1146  photocopying within 45 miles of the community or within the
 1147  county in which the association is located within 10 business
 1148  days after receipt by the board or its designee of a written
 1149  request. This subsection may be complied with by having a copy
 1150  of the official records available for inspection or copying in
 1151  the community or, at the option of the association, by making
 1152  the records available to a parcel owner electronically via the
 1153  Internet or by allowing the records to be viewed in electronic
 1154  format on a computer screen and printed upon request. If the
 1155  association has a photocopy machine available where the records
 1156  are maintained, it must provide parcel owners with copies on
 1157  request during the inspection if the entire request is limited
 1158  to no more than 25 pages. An association shall allow a member or
 1159  his or her authorized representative to use a portable device,
 1160  including a smartphone, tablet, portable scanner, or any other
 1161  technology capable of scanning or taking photographs, to make an
 1162  electronic copy of the official records in lieu of the
 1163  association’s providing the member or his or her authorized
 1164  representative with a copy of such records. The association may
 1165  not charge a fee to a member or his or her authorized
 1166  representative for the use of a portable device.
 1167         (c) The association may adopt reasonable written rules
 1168  governing the frequency, time, location, notice, records to be
 1169  inspected, and manner of inspections, but may not require a
 1170  parcel owner to demonstrate any proper purpose for the
 1171  inspection, state any reason for the inspection, or limit a
 1172  parcel owner’s right to inspect records to less than one 8-hour
 1173  business day per month. The association may impose fees to cover
 1174  the costs of providing copies of the official records, including
 1175  the costs of copying and the costs required for personnel to
 1176  retrieve and copy the records if the time spent retrieving and
 1177  copying the records exceeds one-half hour and if the personnel
 1178  costs do not exceed $20 per hour. Personnel costs may not be
 1179  charged for records requests that result in the copying of 25 or
 1180  fewer pages. The association may charge up to 25 cents per page
 1181  for copies made on the association’s photocopier. If the
 1182  association does not have a photocopy machine available where
 1183  the records are kept, or if the records requested to be copied
 1184  exceed 25 pages in length, the association may have copies made
 1185  by an outside duplicating service and may charge the actual cost
 1186  of copying, as supported by the vendor invoice. The association
 1187  shall maintain an adequate number of copies of the recorded
 1188  governing documents, to ensure their availability to members and
 1189  prospective members. Notwithstanding this paragraph, the
 1190  following records are not accessible to members or parcel
 1191  owners:
 1192         1. Any record protected by the lawyer-client privilege as
 1193  described in s. 90.502 and any record protected by the work
 1194  product privilege, including, but not limited to, a record
 1195  prepared by an association attorney or prepared at the
 1196  attorney’s express direction which reflects a mental impression,
 1197  conclusion, litigation strategy, or legal theory of the attorney
 1198  or the association and which was prepared exclusively for civil
 1199  or criminal litigation or for adversarial administrative
 1200  proceedings or which was prepared in anticipation of such
 1201  litigation or proceedings until the conclusion of the litigation
 1202  or proceedings.
 1203         2. Information obtained by an association in connection
 1204  with the approval of the lease, sale, or other transfer of a
 1205  parcel.
 1206         3. Personnel records of association or management company
 1207  employees, including, but not limited to, disciplinary, payroll,
 1208  health, and insurance records. For purposes of this
 1209  subparagraph, the term “personnel records” does not include
 1210  written employment agreements with an association or management
 1211  company employee or budgetary or financial records that indicate
 1212  the compensation paid to an association or management company
 1213  employee.
 1214         4. Medical records of parcel owners or community residents.
 1215         5. Social security numbers, driver license numbers, credit
 1216  card numbers, electronic mailing addresses, telephone numbers,
 1217  facsimile numbers, emergency contact information, any addresses
 1218  for a parcel owner other than as provided for association notice
 1219  requirements, and other personal identifying information of any
 1220  person, excluding the person’s name, parcel designation, mailing
 1221  address, and property address. Notwithstanding the restrictions
 1222  in this subparagraph, an association may print and distribute to
 1223  parcel owners a directory containing the name, parcel address,
 1224  and all telephone numbers number of each parcel owner. However,
 1225  an owner may exclude his or her telephone number from the
 1226  directory by so requesting in writing to the association. An
 1227  owner may consent in writing to the disclosure of other contact
 1228  information described in this subparagraph. The association is
 1229  not liable for the disclosure of information that is protected
 1230  under this subparagraph if the information is included in an
 1231  official record of the association and is voluntarily provided
 1232  by an owner and not requested by the association.
 1233         6. Any electronic security measure that is used by the
 1234  association to safeguard data, including passwords.
 1235         7. The software and operating system used by the
 1236  association which allows the manipulation of data, even if the
 1237  owner owns a copy of the same software used by the association.
 1238  The data is part of the official records of the association.
 1239         Section 18. Paragraph (b) of subsection (1) of section
 1240  720.306, Florida Statutes, is amended to read:
 1241         720.306 Meetings of members; voting and election
 1242  procedures; amendments.—
 1243         (1) QUORUM; AMENDMENTS.—
 1244         (b) Unless otherwise provided in the governing documents or
 1245  required by law, and other than those matters set forth in
 1246  paragraph (c), any governing document of an association may be
 1247  amended by the affirmative vote of two-thirds of the voting
 1248  interests of the association. Within 30 days after recording an
 1249  amendment to the governing documents, the association shall
 1250  provide copies of the amendment to the members. Further, if a
 1251  copy of the proposed amendment had been previously provided to
 1252  the members before the vote of the members on the amendment and
 1253  the proposed amendment was not changed before the vote of the
 1254  members, the association may, in lieu of providing a copy of the
 1255  amendment, provide notice that the amendment was adopted,
 1256  provide in the notice the official book and page number or
 1257  instrument number of the recorded amendment, and provide notice
 1258  that a copy of the amendment is available at no charge to the
 1259  member upon written request to the association. The copies and
 1260  notice described herein may be provided electronically to those
 1261  owners who have consented to receive notice electronically.
 1262         Section 19. Paragraph (b) of subsection (2) of section
 1263  720.3085, Florida Statutes, is amended to read:
 1264         720.3085 Payment for assessments; lien claims.—
 1265         (2)(b) A parcel owner is jointly and severally liable with
 1266  the previous parcel owner for all unpaid assessments that came
 1267  due up to the time of transfer of title, as well as interest,
 1268  late charges, and reasonable costs and attorney fees incurred by
 1269  the association incident to the collection process. This
 1270  liability is without prejudice to any right the present parcel
 1271  owner may have to recover any amounts paid by the present owner
 1272  from the previous owner. For the purposes of this paragraph, the
 1273  term “previous owner” shall not include an association that
 1274  acquires title to a delinquent property through foreclosure or
 1275  by deed in lieu of foreclosure. The present parcel owner’s
 1276  liability for unpaid assessments, interest, late charges, and
 1277  reasonable costs and attorney fees incurred by the association
 1278  incident to the collection process is limited to those amounts
 1279  any unpaid assessments that accrued before the association
 1280  acquired title to the delinquent property through foreclosure or
 1281  by deed in lieu of foreclosure.
 1282         Section 20. Section 720.316, Florida Statutes, is created
 1283  to read:
 1284         720.316 Association emergency powers.—
 1285         (1) To the extent allowed by law, unless specifically
 1286  prohibited by the declaration or other recorded governing
 1287  documents, and consistent with s. 617.0830, the board of
 1288  directors, in response to damage caused by an event for which a
 1289  state of emergency is declared pursuant to s. 252.36 in the area
 1290  encompassed by the association, may exercise the following
 1291  powers:
 1292         (a) Conduct board or membership meetings after notice of
 1293  the meetings and board decisions is provided in as practicable a
 1294  manner as possible, including via publication, radio, United
 1295  States mail, the Internet, public service announcements,
 1296  conspicuous posting on the association property, or any other
 1297  means the board deems appropriate under the circumstances.
 1298         (b) Cancel and reschedule an association meeting.
 1299         (c) Designate assistant officers who are not directors. If
 1300  the executive officer is incapacitated or unavailable, the
 1301  assistant officer has the same authority during the state of
 1302  emergency as the executive officer he or she assists.
 1303         (d) Relocate the association’s principal office or
 1304  designate an alternative principal office.
 1305         (e) Enter into agreements with counties and municipalities
 1306  to assist counties and municipalities with debris removal.
 1307         (f) Implement a disaster plan before or immediately
 1308  following the event for which a state of emergency is declared,
 1309  which may include, but is not limited to, turning on or shutting
 1310  off elevators; electricity; water, sewer, or security systems;
 1311  or air conditioners for association buildings.
 1312         (g) Based upon the advice of emergency management officials
 1313  or upon the advice of licensed professionals retained by the
 1314  board, determine any portion of the association property
 1315  unavailable for entry or occupancy by owners or their family
 1316  members, tenants, guests, agents, or invitees to protect their
 1317  health, safety, or welfare.
 1318         (h) Based upon the advice of emergency management officials
 1319  or upon the advice of licensed professionals retained by the
 1320  board, determine whether the association property can be safely
 1321  inhabited or occupied. However, such determination is not
 1322  conclusive as to any determination of habitability pursuant to
 1323  the declaration.
 1324         (i) Mitigate further damage, including taking action to
 1325  contract for the removal of debris and to prevent or mitigate
 1326  the spread of fungus, including, mold or mildew, by removing and
 1327  disposing of wet drywall, insulation, carpet, cabinetry, or
 1328  other fixtures on or within the association property.
 1329         (j) Notwithstanding a provision to the contrary, and
 1330  regardless of whether such authority does not specifically
 1331  appear in the declaration or other recorded governing documents,
 1332  levy special assessments without a vote of the owners.
 1333         (k) Without owners’ approval, borrow money and pledge
 1334  association assets as collateral to fund emergency repairs and
 1335  carry out the duties of the association if operating funds are
 1336  insufficient. This paragraph does not limit the general
 1337  authority of the association to borrow money, subject to such
 1338  restrictions contained in the declaration or other recorded
 1339  governing documents.
 1340         (2) The authority granted under subsection (1) is limited
 1341  to that time reasonably necessary to protect the health, safety,
 1342  and welfare of the association and the parcel owners and their
 1343  family members, tenants, guests, agents, or invitees, and to
 1344  mitigate further damage and make emergency repairs.
 1345         Section 21. This act shall take effect July 1, 2014.