Florida Senate - 2014                       CS for CS for SB 798
       
       
        
       By the Committees on Judiciary; and Regulated Industries; and
       Senator Ring
       
       
       
       
       590-03532-14                                           2014798c2
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending s.
    3         509.013, F.S.; revising the definition of the term
    4         “public lodging establishment”; amending s. 509.032,
    5         F.S.; providing that timeshare projects are not
    6         subject to annual inspection requirements; amending s.
    7         509.221, F.S.; providing nonapplicability of certain
    8         public lodging establishment requirements to timeshare
    9         projects; amending s. 509.241, F.S.; providing that a
   10         condominium association that does not own any units
   11         classified as timeshare projects is not required to
   12         apply for or receive a public lodging establishment
   13         license; amending s. 509.242, F.S.; revising the
   14         definition of the term “public lodging establishment”
   15         to include a “timeshare project”; deleting reference
   16         to the term “timeshare plan” in the definition of
   17         “vacation rental”; defining the term “timeshare
   18         project”; amending s. 509.251, F.S.; providing that
   19         timeshare projects within separate buildings or at
   20         separate locations but managed by one licensed agent
   21         may be combined in a single license application;
   22         amending s. 712.05, F.S.; clarifying existing law
   23         relating to notification for purposes of preserving
   24         marketable title; amending s. 718.111, F.S.;
   25         authorizing an association to inspect and repair
   26         abandoned condominium units; providing conditions to
   27         determine if a unit is abandoned; providing a
   28         mechanism for an association to recover costs
   29         associated with maintaining an abandoned unit;
   30         providing that in the absence of an insurable event,
   31         the association or unit owners are responsible for
   32         repairs; providing that an owner may consent in
   33         writing to the disclosure of certain contact
   34         information; requiring an outgoing condominium
   35         association board or committee member to relinquish
   36         all official records and property of the association
   37         within a specified time; providing a civil penalty for
   38         failing to relinquish such records and property;
   39         amending s. 718.112, F.S.; providing that a board or
   40         committee member’s participation in a meeting via
   41         real-time videoconferencing, Internet-enabled
   42         videoconferencing, or similar electronic or video
   43         communication counts toward a quorum and that such
   44         member may vote as if physically present; prohibiting
   45         the board from voting via e-mail; amending s. 718.116,
   46         F.S.; providing that a unit owner is jointly and
   47         severally liable with the previous owner for certain
   48         costs; providing an exception; defining the term
   49         “previous owner”; limiting costs and fees incurred by
   50         the association incident to the collection process to
   51         those incurred before the association acquired title;
   52         repealing s. 718.50151, F.S., relating to the
   53         Community Association Living Study Council and its
   54         membership functions; amending s. 718.707, F.S.;
   55         extending the date by which a condominium parcel must
   56         be acquired in order for a person to be classified as
   57         a bulk assignee or bulk buyer; amending s. 719.104,
   58         F.S.; providing that an owner may consent in writing
   59         to the disclosure of certain contact information;
   60         requiring an outgoing cooperative association board or
   61         committee member to relinquish all official records
   62         and property of the association within a specified
   63         time; providing a civil penalty for failing to
   64         relinquish such records and property; providing dates
   65         by which financial reports for an association must be
   66         completed; specifying that members must receive copies
   67         of financial reports; requiring specific types of
   68         financial statements for associations of varying
   69         sizes; providing exceptions; providing a mechanism for
   70         waiving or increasing financial reporting
   71         requirements; amending s. 719.106, F.S.; providing for
   72         suspension from office of a director or officer who is
   73         charged with one or more of certain felony offenses;
   74         providing procedures for filling such vacancy or
   75         reinstating such member under specific circumstances;
   76         providing a mechanism for a person who is convicted of
   77         a felony to be eligible for board membership; creating
   78         s. 719.128, F.S.; providing emergency powers of a
   79         cooperative association; amending s. 720.303, F.S.;
   80         providing that an owner may consent in writing to the
   81         disclosure of certain contact information; amending s.
   82         720.306, F.S.; providing for specified notice to
   83         members in lieu of copies of an amendment; creating s.
   84         720.316, F.S.; providing emergency powers of a
   85         homeowners’ association; providing an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (4) of section 509.013, Florida
   90  Statutes, is amended to read:
   91         509.013 Definitions.—As used in this chapter, the term:
   92         (4)(a) “Public lodging establishment” includes a transient
   93  public lodging establishment as defined in subparagraph 1. and a
   94  nontransient public lodging establishment as defined in
   95  subparagraph 2.
   96         1. “Transient public lodging establishment” means any unit,
   97  group of units, dwelling, building, or group of buildings within
   98  a single complex of buildings which is rented to guests more
   99  than three times in a calendar year for periods of less than 30
  100  days or 1 calendar month, whichever is less, or which is
  101  advertised or held out to the public as a place regularly rented
  102  to guests.
  103         2. “Nontransient public lodging establishment” means any
  104  unit, group of units, dwelling, building, or group of buildings
  105  within a single complex of buildings which is rented to guests
  106  for periods of at least 30 days or 1 calendar month, whichever
  107  is less, or which is advertised or held out to the public as a
  108  place regularly rented to guests for periods of at least 30 days
  109  or 1 calendar month.
  110  
  111  License classifications of public lodging establishments, and
  112  the definitions therefor, are set out in s. 509.242. For the
  113  purpose of licensure, the term does not include condominium
  114  common elements as defined in s. 718.103.
  115         (b) The following are excluded from the definitions in
  116  paragraph (a):
  117         1. Any dormitory or other living or sleeping facility
  118  maintained by a public or private school, college, or university
  119  for the use of students, faculty, or visitors.
  120         2. Any facility certified or licensed and regulated by the
  121  Agency for Health Care Administration or the Department of
  122  Children and Family Services or other similar place regulated
  123  under s. 381.0072.
  124         3. Any place renting four rental units or less, unless the
  125  rental units are advertised or held out to the public to be
  126  places that are regularly rented to transients.
  127         4. Any unit or group of units in a condominium,
  128  cooperative, or timeshare plan and any individually or
  129  collectively owned one-family, two-family, three-family, or
  130  four-family dwelling house or dwelling unit that is rented for
  131  periods of at least 30 days or 1 calendar month, whichever is
  132  less, and that is not advertised or held out to the public as a
  133  place regularly rented for periods of less than 1 calendar
  134  month, provided that no more than four rental units within a
  135  single complex of buildings are available for rent.
  136         5. Any migrant labor camp or residential migrant housing
  137  permitted by the Department of Health under ss. 381.008
  138  381.00895.
  139         6. Any establishment inspected by the Department of Health
  140  and regulated by chapter 513.
  141         7. Any nonprofit organization that operates a facility
  142  providing housing only to patients, patients’ families, and
  143  patients’ caregivers and not to the general public.
  144         8. Any apartment building inspected by the United States
  145  Department of Housing and Urban Development or other entity
  146  acting on the department’s behalf that is designated primarily
  147  as housing for persons at least 62 years of age. The division
  148  may require the operator of the apartment building to attest in
  149  writing that such building meets the criteria provided in this
  150  subparagraph. The division may adopt rules to implement this
  151  requirement.
  152         9. Any roominghouse, boardinghouse, or other living or
  153  sleeping facility that may not be classified as a hotel, motel,
  154  timeshare project, vacation rental, nontransient apartment, bed
  155  and breakfast inn, or transient apartment under s. 509.242.
  156         Section 2. Paragraph (a) of subsection (2) of section
  157  509.032, Florida Statutes, is amended to read:
  158         509.032 Duties.—
  159         (2) INSPECTION OF PREMISES.—
  160         (a) The division has responsibility and jurisdiction for
  161  all inspections required by this chapter. The division has
  162  responsibility for quality assurance. Each licensed
  163  establishment shall be inspected at least biannually, except for
  164  transient and nontransient apartments, which shall be inspected
  165  at least annually, and shall be inspected at such other times as
  166  the division determines is necessary to ensure the public’s
  167  health, safety, and welfare. The division shall establish a
  168  system to determine inspection frequency. Public lodging units
  169  classified as vacation rentals or timeshare projects are not
  170  subject to this requirement but shall be made available to the
  171  division upon request. If, during the inspection of a public
  172  lodging establishment classified for renting to transient or
  173  nontransient tenants, an inspector identifies vulnerable adults
  174  who appear to be victims of neglect, as defined in s. 415.102,
  175  or, in the case of a building that is not equipped with
  176  automatic sprinkler systems, tenants or clients who may be
  177  unable to self-preserve in an emergency, the division shall
  178  convene meetings with the following agencies as appropriate to
  179  the individual situation: the Department of Health, the
  180  Department of Elderly Affairs, the area agency on aging, the
  181  local fire marshal, the landlord and affected tenants and
  182  clients, and other relevant organizations, to develop a plan
  183  which improves the prospects for safety of affected residents
  184  and, if necessary, identifies alternative living arrangements
  185  such as facilities licensed under part II of chapter 400 or
  186  under chapter 429.
  187         Section 3. Subsection (9) of section 509.221, Florida
  188  Statutes, is amended to read:
  189         509.221 Sanitary regulations.—
  190         (9) Subsections (2), (5), and (6) do not apply to any
  191  facility or unit classified as a vacation rental, or
  192  nontransient apartment, or timeshare project as described in s.
  193  509.242(1)(c), and (d), and (g).
  194         Section 4. Subsection (2) of section 509.241, Florida
  195  Statutes, is amended to read:
  196         509.241 Licenses required; exceptions.—
  197         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  198  a public lodging establishment or a public food service
  199  establishment shall apply for and receive a license from the
  200  division prior to the commencement of operation. A condominium
  201  association, as defined in s. 718.103, which does not own any
  202  units classified as vacation rentals or timeshare projects under
  203  s. 509.242(1)(c) or (g) is not required to apply for or receive
  204  a public lodging establishment license.
  205         Section 5. Subsection (1) of section 509.242, Florida
  206  Statutes, is amended to read:
  207         509.242 Public lodging establishments; classifications.—
  208         (1) A public lodging establishment shall be classified as a
  209  hotel, motel, nontransient apartment, transient apartment, bed
  210  and breakfast inn, timeshare project, or vacation rental if the
  211  establishment satisfies the following criteria:
  212         (a) Hotel.—A hotel is any public lodging establishment
  213  containing sleeping room accommodations for 25 or more guests
  214  and providing the services generally provided by a hotel and
  215  recognized as a hotel in the community in which it is situated
  216  or by the industry.
  217         (b) Motel.—A motel is any public lodging establishment
  218  which offers rental units with an exit to the outside of each
  219  rental unit, daily or weekly rates, offstreet parking for each
  220  unit, a central office on the property with specified hours of
  221  operation, a bathroom or connecting bathroom for each rental
  222  unit, and at least six rental units, and which is recognized as
  223  a motel in the community in which it is situated or by the
  224  industry.
  225         (c) Vacation rental.—A vacation rental is any unit or group
  226  of units in a condominium or, cooperative, or timeshare plan or
  227  any individually or collectively owned single-family, two
  228  family, three-family, or four-family house or dwelling unit that
  229  is also a transient public lodging establishment but that is not
  230  a timeshare project.
  231         (d) Nontransient apartment.—A nontransient apartment is a
  232  building or complex of buildings in which 75 percent or more of
  233  the units are available for rent to nontransient tenants.
  234         (e) Transient apartment.—A transient apartment is a
  235  building or complex of buildings in which more than 25 percent
  236  of the units are advertised or held out to the public as
  237  available for transient occupancy.
  238         (f) Bed and breakfast inn.—A bed and breakfast inn is a
  239  family home structure, with no more than 15 sleeping rooms,
  240  which has been modified to serve as a transient public lodging
  241  establishment, which provides the accommodation and meal
  242  services generally offered by a bed and breakfast inn, and which
  243  is recognized as a bed and breakfast inn in the community in
  244  which it is situated or by the hospitality industry.
  245         (g) Timeshare project.—A timeshare project is a timeshare
  246  property, as defined in chapter 721, which is located in this
  247  state and which is also a transient public lodging
  248  establishment.
  249         Section 6. Subsection (1) of section 509.251, Florida
  250  Statutes, is amended to read:
  251         509.251 License fees.—
  252         (1) The division shall adopt, by rule, a schedule of fees
  253  to be paid by each public lodging establishment as a
  254  prerequisite to issuance or renewal of a license. Such fees
  255  shall be based on the number of rental units in the
  256  establishment. The aggregate fee per establishment charged any
  257  public lodging establishment shall not exceed $1,000; however,
  258  the fees described in paragraphs (a) and (b) may not be included
  259  as part of the aggregate fee subject to this cap. Vacation
  260  rental units or timeshare projects within separate buildings or
  261  at separate locations but managed by one licensed agent may be
  262  combined in a single license application, and the division shall
  263  charge a license fee as if all units in the application are in a
  264  single licensed establishment. The fee schedule shall require an
  265  establishment which applies for an initial license to pay the
  266  full license fee if application is made during the annual
  267  renewal period or more than 6 months prior to the next such
  268  renewal period and one-half of the fee if application is made 6
  269  months or less prior to such period. The fee schedule shall
  270  include fees collected for the purpose of funding the
  271  Hospitality Education Program, pursuant to s. 509.302, which are
  272  payable in full for each application regardless of when the
  273  application is submitted.
  274         (a) Upon making initial application or an application for
  275  change of ownership, the applicant shall pay to the division a
  276  fee as prescribed by rule, not to exceed $50, in addition to any
  277  other fees required by law, which shall cover all costs
  278  associated with initiating regulation of the establishment.
  279         (b) A license renewal filed with the division within 30
  280  days after the expiration date shall be accompanied by a
  281  delinquent fee as prescribed by rule, not to exceed $50, in
  282  addition to the renewal fee and any other fees required by law.
  283  A license renewal filed with the division more than 30 but not
  284  more than 60 days after the expiration date shall be accompanied
  285  by a delinquent fee as prescribed by rule, not to exceed $100,
  286  in addition to the renewal fee and any other fees required by
  287  law.
  288         Section 7. Subsection (1) of section 712.05, Florida
  289  Statutes, is amended to read:
  290         712.05 Effect of filing notice.—
  291         (1) A Any person claiming an interest in land or a
  292  homeowners’ association desiring to preserve a any covenant or
  293  restriction may preserve and protect the same from
  294  extinguishment by the operation of this act by filing for
  295  record, during the 30-year period immediately following the
  296  effective date of the root of title, a written notice, in
  297  writing, in accordance with this chapter. Such the provisions
  298  hereof, which notice preserves shall have the effect of so
  299  preserving such claim of right or such covenant or restriction
  300  or portion of such covenant or restriction for up to a period of
  301  not longer than 30 years after filing the notice same unless the
  302  notice is filed again filed as required in this chapter herein.
  303  A person’s No disability or lack of knowledge of any kind may
  304  not on the part of anyone shall delay the commencement of or
  305  suspend the running of the said 30-year period. Such notice may
  306  be filed for record by the claimant or by any other person
  307  acting on behalf of a any claimant who is:
  308         (a) Under a disability;,
  309         (b) Unable to assert a claim on his or her behalf;, or
  310         (c) One of a class, but whose identity cannot be
  311  established or is uncertain at the time of filing such notice of
  312  claim for record.
  313  
  314  Such notice may be filed by a homeowners’ association only if
  315  the preservation of such covenant or restriction or portion of
  316  such covenant or restriction is approved by at least two-thirds
  317  of the members of the board of directors of an incorporated
  318  homeowners’ association at a meeting for which a notice, stating
  319  the meeting’s time and place and containing the statement of
  320  marketable title action described in s. 712.06(1)(b), was mailed
  321  or hand delivered to members of the homeowners’ association at
  322  least not less than 7 days before prior to such meeting. The
  323  homeowners’ association or clerk of the circuit court is not
  324  required to provide additional notice pursuant to s. 712.06(3).
  325  The preceding sentence is intended to clarify existing law.
  326         Section 8. Subsection (5), paragraph (j) of subsection
  327  (11), and paragraph (c) of subsection (12) of section 718.111,
  328  Florida Statutes, are amended, and paragraph (f) is added to
  329  subsection (12) of that section, to read:
  330         718.111 The association.—
  331         (5) RIGHT OF ACCESS TO UNITS.—
  332         (a) The association has the irrevocable right of access to
  333  each unit during reasonable hours, when necessary for the
  334  maintenance, repair, or replacement of any common elements or of
  335  any portion of a unit to be maintained by the association
  336  pursuant to the declaration or as necessary to prevent damage to
  337  the common elements or to a unit or units.
  338         (b)1. In addition to the association’s right of access in
  339  paragraph (a) and regardless of whether authority is provided in
  340  the declaration or other recorded condominium documents, an
  341  association, at the sole discretion of the board, may enter an
  342  abandoned unit to inspect the unit and adjoining common
  343  elements; make repairs to the unit or to the common elements
  344  serving the unit, as needed; repair the unit if mold or
  345  deterioration is present; turn on the utilities for the unit; or
  346  otherwise maintain, preserve, or protect the unit and adjoining
  347  common elements. For purposes of this paragraph, a unit is
  348  presumed to be abandoned if:
  349         a. The unit is the subject of a foreclosure action and no
  350  tenant appears to have resided in the unit for at least 4
  351  continuous weeks without prior written notice to the
  352  association; or
  353         b. No tenant appears to have resided in the unit for 2
  354  consecutive months without prior written notice to the
  355  association, and the association is unable to contact the owner
  356  or determine the whereabouts of the owner after reasonable
  357  inquiry.
  358         2. Except in the case of an emergency, an association may
  359  not enter an abandoned unit until 2 days after notice of the
  360  association’s intent to enter the unit has been mailed or hand
  361  delivered to the owner at the address of the owner as reflected
  362  in the records of the association. The notice may be given by
  363  electronic transmission to unit owners who previously consented
  364  to receive notice by electronic transmission.
  365         3. Any expense incurred by an association pursuant to this
  366  paragraph is chargeable to the unit owner and enforceable as an
  367  assessment pursuant to s. 718.116, and the association may use
  368  its lien authority provided by s. 718.116 to enforce collection
  369  of the expense.
  370         4. The association may petition a court of competent
  371  jurisdiction to appoint a receiver and may lease out an
  372  abandoned unit for the benefit of the association to offset
  373  against the rental income the association’s costs and expenses
  374  of maintaining, preserving, and protecting the unit and the
  375  adjoining common elements, including the costs of the
  376  receivership and all unpaid assessments, interest,
  377  administrative late fees, costs, and reasonable attorney fees.
  378         (11) INSURANCE.—In order to protect the safety, health, and
  379  welfare of the people of the State of Florida and to ensure
  380  consistency in the provision of insurance coverage to
  381  condominiums and their unit owners, this subsection applies to
  382  every residential condominium in the state, regardless of the
  383  date of its declaration of condominium. It is the intent of the
  384  Legislature to encourage lower or stable insurance premiums for
  385  associations described in this subsection.
  386         (j) Any portion of the condominium property that must be
  387  insured by the association against property loss pursuant to
  388  paragraph (f) which is damaged by an insurable event shall be
  389  reconstructed, repaired, or replaced as necessary by the
  390  association as a common expense. In the absence of an insurable
  391  event, the association or the unit owners shall be responsible
  392  for the reconstruction, repair, or replacement, as determined by
  393  the provisions of the declaration or bylaws. All property
  394  insurance deductibles, uninsured losses, and other damages in
  395  excess of property insurance coverage under the property
  396  insurance policies maintained by the association are a common
  397  expense of the condominium, except that:
  398         1. A unit owner is responsible for the costs of repair or
  399  replacement of any portion of the condominium property not paid
  400  by insurance proceeds if such damage is caused by intentional
  401  conduct, negligence, or failure to comply with the terms of the
  402  declaration or the rules of the association by a unit owner, the
  403  members of his or her family, unit occupants, tenants, guests,
  404  or invitees, without compromise of the subrogation rights of the
  405  insurer.
  406         2. The provisions of subparagraph 1. regarding the
  407  financial responsibility of a unit owner for the costs of
  408  repairing or replacing other portions of the condominium
  409  property also apply to the costs of repair or replacement of
  410  personal property of other unit owners or the association, as
  411  well as other property, whether real or personal, which the unit
  412  owners are required to insure.
  413         3. To the extent the cost of repair or reconstruction for
  414  which the unit owner is responsible under this paragraph is
  415  reimbursed to the association by insurance proceeds, and the
  416  association has collected the cost of such repair or
  417  reconstruction from the unit owner, the association shall
  418  reimburse the unit owner without the waiver of any rights of
  419  subrogation.
  420         4. The association is not obligated to pay for
  421  reconstruction or repairs of property losses as a common expense
  422  if the property losses were known or should have been known to a
  423  unit owner and were not reported to the association until after
  424  the insurance claim of the association for that property was
  425  settled or resolved with finality, or denied because it was
  426  untimely filed.
  427         (12) OFFICIAL RECORDS.—
  428         (c) The official records of the association are open to
  429  inspection by any association member or the authorized
  430  representative of such member at all reasonable times. The right
  431  to inspect the records includes the right to make or obtain
  432  copies, at the reasonable expense, if any, of the member. The
  433  association may adopt reasonable rules regarding the frequency,
  434  time, location, notice, and manner of record inspections and
  435  copying. The failure of an association to provide the records
  436  within 10 working days after receipt of a written request
  437  creates a rebuttable presumption that the association willfully
  438  failed to comply with this paragraph. A unit owner who is denied
  439  access to official records is entitled to the actual damages or
  440  minimum damages for the association’s willful failure to comply.
  441  Minimum damages are $50 per calendar day for up to 10 days,
  442  beginning on the 11th working day after receipt of the written
  443  request. The failure to permit inspection entitles any person
  444  prevailing in an enforcement action to recover reasonable
  445  attorney fees from the person in control of the records who,
  446  directly or indirectly, knowingly denied access to the records.
  447  Any person who knowingly or intentionally defaces or destroys
  448  accounting records that are required by this chapter to be
  449  maintained during the period for which such records are required
  450  to be maintained, or who knowingly or intentionally fails to
  451  create or maintain accounting records that are required to be
  452  created or maintained, with the intent of causing harm to the
  453  association or one or more of its members, is personally subject
  454  to a civil penalty pursuant to s. 718.501(1)(d). The association
  455  shall maintain an adequate number of copies of the declaration,
  456  articles of incorporation, bylaws, and rules, and all amendments
  457  to each of the foregoing, as well as the question and answer
  458  sheet as described in s. 718.504 and year-end financial
  459  information required under this section, on the condominium
  460  property to ensure their availability to unit owners and
  461  prospective purchasers, and may charge its actual costs for
  462  preparing and furnishing these documents to those requesting the
  463  documents. An association shall allow a member or his or her
  464  authorized representative to use a portable device, including a
  465  smartphone, tablet, portable scanner, or any other technology
  466  capable of scanning or taking photographs, to make an electronic
  467  copy of the official records in lieu of the association’s
  468  providing the member or his or her authorized representative
  469  with a copy of such records. The association may not charge a
  470  member or his or her authorized representative for the use of a
  471  portable device. Notwithstanding this paragraph, the following
  472  records are not accessible to unit owners:
  473         1. Any record protected by the lawyer-client privilege as
  474  described in s. 90.502 and any record protected by the work
  475  product privilege, including a record prepared by an association
  476  attorney or prepared at the attorney’s express direction, which
  477  reflects a mental impression, conclusion, litigation strategy,
  478  or legal theory of the attorney or the association, and which
  479  was prepared exclusively for civil or criminal litigation or for
  480  adversarial administrative proceedings, or which was prepared in
  481  anticipation of such litigation or proceedings until the
  482  conclusion of the litigation or proceedings.
  483         2. Information obtained by an association in connection
  484  with the approval of the lease, sale, or other transfer of a
  485  unit.
  486         3. Personnel records of association or management company
  487  employees, including, but not limited to, disciplinary, payroll,
  488  health, and insurance records. For purposes of this
  489  subparagraph, the term “personnel records” does not include
  490  written employment agreements with an association employee or
  491  management company, or budgetary or financial records that
  492  indicate the compensation paid to an association employee.
  493         4. Medical records of unit owners.
  494         5. Social security numbers, driver’s license numbers,
  495  credit card numbers, e-mail addresses, telephone numbers,
  496  facsimile numbers, emergency contact information, addresses of a
  497  unit owner other than as provided to fulfill the association’s
  498  notice requirements, and other personal identifying information
  499  of any person, excluding the person’s name, unit designation,
  500  mailing address, property address, and any address, e-mail
  501  address, or facsimile number provided to the association to
  502  fulfill the association’s notice requirements. Notwithstanding
  503  the restrictions in this subparagraph, an association may print
  504  and distribute to parcel owners a directory containing the name,
  505  parcel address, and all telephone numbers number of each parcel
  506  owner. However, an owner may exclude his or her telephone
  507  numbers number from the directory by so requesting in writing to
  508  the association. An owner may consent in writing to the
  509  disclosure of other contact information described in this
  510  subparagraph. The association is not liable for the inadvertent
  511  disclosure of information that is protected under this
  512  subparagraph if the information is included in an official
  513  record of the association and is voluntarily provided by an
  514  owner and not requested by the association.
  515         6. Electronic security measures that are used by the
  516  association to safeguard data, including passwords.
  517         7. The software and operating system used by the
  518  association which allow the manipulation of data, even if the
  519  owner owns a copy of the same software used by the association.
  520  The data is part of the official records of the association.
  521         (f) An outgoing board or committee member must relinquish
  522  all official records and property of the association in his or
  523  her possession or under his or her control to the incoming board
  524  within 5 days after the election. The division shall impose a
  525  civil penalty as set forth in s. 718.501(1)(d)6. against an
  526  outgoing board or committee member who willfully and knowingly
  527  fails to relinquish such records and property.
  528         Section 9. Paragraphs (b) and (c) of subsection (2) of
  529  section 718.112, Florida Statutes, are amended to read:
  530         718.112 Bylaws.—
  531         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  532  following and, if they do not do so, shall be deemed to include
  533  the following:
  534         (b) Quorum; voting requirements; proxies.—
  535         1. Unless a lower number is provided in the bylaws, the
  536  percentage of voting interests required to constitute a quorum
  537  at a meeting of the members is a majority of the voting
  538  interests. Unless otherwise provided in this chapter or in the
  539  declaration, articles of incorporation, or bylaws, and except as
  540  provided in subparagraph (d)4., decisions shall be made by a
  541  majority of the voting interests represented at a meeting at
  542  which a quorum is present.
  543         2. Except as specifically otherwise provided herein, unit
  544  owners may not vote by general proxy, but may vote by limited
  545  proxies substantially conforming to a limited proxy form adopted
  546  by the division. A voting interest or consent right allocated to
  547  a unit owned by the association may not be exercised or
  548  considered for any purpose, whether for a quorum, an election,
  549  or otherwise. Limited proxies and general proxies may be used to
  550  establish a quorum. Limited proxies shall be used for votes
  551  taken to waive or reduce reserves in accordance with
  552  subparagraph (f)2.; for votes taken to waive the financial
  553  reporting requirements of s. 718.111(13); for votes taken to
  554  amend the declaration pursuant to s. 718.110; for votes taken to
  555  amend the articles of incorporation or bylaws pursuant to this
  556  section; and for any other matter for which this chapter
  557  requires or permits a vote of the unit owners. Except as
  558  provided in paragraph (d), a proxy, limited or general, may not
  559  be used in the election of board members. General proxies may be
  560  used for other matters for which limited proxies are not
  561  required, and may be used in voting for nonsubstantive changes
  562  to items for which a limited proxy is required and given.
  563  Notwithstanding this subparagraph, unit owners may vote in
  564  person at unit owner meetings. This subparagraph does not limit
  565  the use of general proxies or require the use of limited proxies
  566  for any agenda item or election at any meeting of a timeshare
  567  condominium association.
  568         3. Any proxy given is effective only for the specific
  569  meeting for which originally given and any lawfully adjourned
  570  meetings thereof. A proxy is not valid longer than 90 days after
  571  the date of the first meeting for which it was given and may be
  572  revoked. Every proxy is revocable at any time at the pleasure of
  573  the unit owner executing it.
  574         4. A member of the board of administration or a committee
  575  may submit in writing his or her agreement or disagreement with
  576  any action taken at a meeting that the member did not attend.
  577  This agreement or disagreement may not be used as a vote for or
  578  against the action taken or to create a quorum.
  579         5. A If any of the board or committee member’s
  580  participation in a meeting via telephone, real-time
  581  videoconferencing, or similar real-time electronic or video
  582  communication counts toward a quorum, and such member may vote
  583  as if physically present members meet by telephone conference,
  584  those board or committee members may be counted toward obtaining
  585  a quorum and may vote by telephone. A telephone speaker must be
  586  used so that the conversation of such those members may be heard
  587  by the board or committee members attending in person as well as
  588  by any unit owners present at a meeting.
  589         (c) Board of administration meetings.—Meetings of the board
  590  of administration at which a quorum of the members is present
  591  are open to all unit owners. Members of the board of
  592  administration may use e-mail as a means of communication but
  593  may not cast a vote on an association matter via e-mail. A unit
  594  owner may tape record or videotape the meetings. The right to
  595  attend such meetings includes the right to speak at such
  596  meetings with reference to all designated agenda items. The
  597  division shall adopt reasonable rules governing the tape
  598  recording and videotaping of the meeting. The association may
  599  adopt written reasonable rules governing the frequency,
  600  duration, and manner of unit owner statements.
  601         1. Adequate notice of all board meetings, which must
  602  specifically identify all agenda items, must be posted
  603  conspicuously on the condominium property at least 48 continuous
  604  hours before the meeting except in an emergency. If 20 percent
  605  of the voting interests petition the board to address an item of
  606  business, the board, within 60 days after receipt of the
  607  petition, shall place the item on the agenda at its next regular
  608  board meeting or at a special meeting called for that purpose of
  609  the board, but not later than 60 days after the receipt of the
  610  petition, shall place the item on the agenda. An Any item not
  611  included on the notice may be taken up on an emergency basis by
  612  a vote of at least a majority plus one of the board members.
  613  Such emergency action must be noticed and ratified at the next
  614  regular board meeting. However, written notice of a any meeting
  615  at which a nonemergency special assessment assessments, or an at
  616  which amendment to rules regarding unit use, will be considered
  617  must be mailed, delivered, or electronically transmitted to the
  618  unit owners and posted conspicuously on the condominium property
  619  at least 14 days before the meeting. Evidence of compliance with
  620  this 14-day notice requirement must be made by an affidavit
  621  executed by the person providing the notice and filed with the
  622  official records of the association. Upon notice to the unit
  623  owners, the board shall, by duly adopted rule, designate a
  624  specific location on the condominium or association property
  625  where all notices of board meetings must are to be posted. If
  626  there is no condominium property or association property where
  627  notices can be posted, notices shall be mailed, delivered, or
  628  electronically transmitted to each unit owner at least 14 days
  629  before the meeting to the owner of each unit. In lieu of or in
  630  addition to the physical posting of the notice on the
  631  condominium property, the association may, by reasonable rule,
  632  adopt a procedure for conspicuously posting and repeatedly
  633  broadcasting the notice and the agenda on a closed-circuit cable
  634  television system serving the condominium association. However,
  635  if broadcast notice is used in lieu of a notice physically
  636  posted on condominium property, the notice and agenda must be
  637  broadcast at least four times every broadcast hour of each day
  638  that a posted notice is otherwise required under this section.
  639  If broadcast notice is provided, the notice and agenda must be
  640  broadcast in a manner and for a sufficient continuous length of
  641  time so as to allow an average reader to observe the notice and
  642  read and comprehend the entire content of the notice and the
  643  agenda. Notice of any meeting in which regular or special
  644  assessments against unit owners are to be considered for any
  645  reason must specifically state that assessments will be
  646  considered and provide the nature, estimated cost, and
  647  description of the purposes for such assessments.
  648         2. Meetings of a committee to take final action on behalf
  649  of the board or make recommendations to the board regarding the
  650  association budget are subject to this paragraph. Meetings of a
  651  committee that does not take final action on behalf of the board
  652  or make recommendations to the board regarding the association
  653  budget are subject to this section, unless those meetings are
  654  exempted from this section by the bylaws of the association.
  655         3. Notwithstanding any other law, the requirement that
  656  board meetings and committee meetings be open to the unit owners
  657  does not apply to:
  658         a. Meetings between the board or a committee and the
  659  association’s attorney, with respect to proposed or pending
  660  litigation, if the meeting is held for the purpose of seeking or
  661  rendering legal advice; or
  662         b. Board meetings held for the purpose of discussing
  663  personnel matters.
  664         Section 10. Paragraph (a) of subsection (1) of section
  665  718.116, Florida Statutes, is amended to read:
  666         718.116 Assessments; liability; lien and priority;
  667  interest; collection.—
  668         (1)(a) A unit owner, regardless of how his or her title has
  669  been acquired, including by purchase at a foreclosure sale or by
  670  deed in lieu of foreclosure, is liable for all assessments which
  671  come due while he or she is the unit owner. Additionally, a unit
  672  owner is jointly and severally liable with the previous owner
  673  for all unpaid assessments that came due up to the time of
  674  transfer of title, as well as interest, late charges, and
  675  reasonable costs and attorney fees incurred by the association
  676  incident to the collection process, except that in the case of a
  677  foreclosure sale, the interest, late charges, and reasonable
  678  attorney fees and costs may not exceed 10 percent of the winning
  679  bid amount. This liability is without prejudice to any right the
  680  owner may have to recover from the previous owner the amounts
  681  paid by the owner. For the purposes of this paragraph, the term
  682  “previous owner” does not include an association that acquires
  683  title to a delinquent property through foreclosure or by deed in
  684  lieu of foreclosure. The present unit owner’s liability for
  685  unpaid assessments, interest, late charges, and reasonable costs
  686  and attorney fees incurred by the association incident to the
  687  collection process is limited to those amounts that accrued
  688  before the association acquired title to the delinquent property
  689  through foreclosure or by deed in lieu of foreclosure. This
  690  paragraph does not affect the liability of a first mortgagee or
  691  its successor or assignees as provided in paragraph (b).
  692         Section 11. Section 718.50151, Florida Statutes, is
  693  repealed.
  694         Section 12. Section 718.707, Florida Statutes, is amended
  695  to read:
  696         718.707 Time limitation for classification as bulk assignee
  697  or bulk buyer.—A person acquiring condominium parcels may not be
  698  classified as a bulk assignee or bulk buyer unless the
  699  condominium parcels were acquired on or after July 1, 2010, but
  700  before July 1, 2016 2015. The date of such acquisition shall be
  701  determined by the date of recording a deed or other instrument
  702  of conveyance for such parcels in the public records of the
  703  county in which the condominium is located, or by the date of
  704  issuing a certificate of title in a foreclosure proceeding with
  705  respect to such condominium parcels.
  706         Section 13. Paragraph (c) of subsection (2) and subsection
  707  (4) of section 719.104, Florida Statutes, are amended, and
  708  paragraph (e) is added to subsection (2) of that section, to
  709  read:
  710         719.104 Cooperatives; access to units; records; financial
  711  reports; assessments; purchase of leases.—
  712         (2) OFFICIAL RECORDS.—
  713         (c) The official records of the association are open to
  714  inspection by any association member or the authorized
  715  representative of such member at all reasonable times. The right
  716  to inspect the records includes the right to make or obtain
  717  copies, at the reasonable expense, if any, of the association
  718  member. The association may adopt reasonable rules regarding the
  719  frequency, time, location, notice, and manner of record
  720  inspections and copying. The failure of an association to
  721  provide the records within 10 working days after receipt of a
  722  written request creates a rebuttable presumption that the
  723  association willfully failed to comply with this paragraph. A
  724  unit owner who is denied access to official records is entitled
  725  to the actual damages or minimum damages for the association’s
  726  willful failure to comply. The minimum damages are $50 per
  727  calendar day for up to 10 days, beginning on the 11th working
  728  day after receipt of the written request. The failure to permit
  729  inspection entitles any person prevailing in an enforcement
  730  action to recover reasonable attorney fees from the person in
  731  control of the records who, directly or indirectly, knowingly
  732  denied access to the records. Any person who knowingly or
  733  intentionally defaces or destroys accounting records that are
  734  required by this chapter to be maintained during the period for
  735  which such records are required to be maintained, or who
  736  knowingly or intentionally fails to create or maintain
  737  accounting records that are required to be created or
  738  maintained, with the intent of causing harm to the association
  739  or one or more of its members, is personally subject to a civil
  740  penalty pursuant to s. 719.501(1)(d). The association shall
  741  maintain an adequate number of copies of the declaration,
  742  articles of incorporation, bylaws, and rules, and all amendments
  743  to each of the foregoing, as well as the question and answer
  744  sheet as described in s. 719.504 and year-end financial
  745  information required by the department, on the cooperative
  746  property to ensure their availability to unit owners and
  747  prospective purchasers, and may charge its actual costs for
  748  preparing and furnishing these documents to those requesting the
  749  same. An association shall allow a member or his or her
  750  authorized representative to use a portable device, including a
  751  smartphone, tablet, portable scanner, or any other technology
  752  capable of scanning or taking photographs, to make an electronic
  753  copy of the official records in lieu of the association
  754  providing the member or his or her authorized representative
  755  with a copy of such records. The association may not charge a
  756  member or his or her authorized representative for the use of a
  757  portable device. Notwithstanding this paragraph, the following
  758  records shall not be accessible to unit owners:
  759         1. Any record protected by the lawyer-client privilege as
  760  described in s. 90.502 and any record protected by the work
  761  product privilege, including any record prepared by an
  762  association attorney or prepared at the attorney’s express
  763  direction which reflects a mental impression, conclusion,
  764  litigation strategy, or legal theory of the attorney or the
  765  association, and which was prepared exclusively for civil or
  766  criminal litigation or for adversarial administrative
  767  proceedings, or which was prepared in anticipation of such
  768  litigation or proceedings until the conclusion of the litigation
  769  or proceedings.
  770         2. Information obtained by an association in connection
  771  with the approval of the lease, sale, or other transfer of a
  772  unit.
  773         3. Personnel records of association or management company
  774  employees, including, but not limited to, disciplinary, payroll,
  775  health, and insurance records. For purposes of this
  776  subparagraph, the term “personnel records” does not include
  777  written employment agreements with an association employee or
  778  management company, or budgetary or financial records that
  779  indicate the compensation paid to an association employee.
  780         4. Medical records of unit owners.
  781         5. Social security numbers, driver license numbers, credit
  782  card numbers, e-mail addresses, telephone numbers, facsimile
  783  numbers, emergency contact information, addresses of a unit
  784  owner other than as provided to fulfill the association’s notice
  785  requirements, and other personal identifying information of any
  786  person, excluding the person’s name, unit designation, mailing
  787  address, property address, and any address, e-mail address, or
  788  facsimile number provided to the association to fulfill the
  789  association’s notice requirements. Notwithstanding the
  790  restrictions in this subparagraph, an association may print and
  791  distribute to parcel owners a directory containing the name,
  792  parcel address, and all telephone numbers number of each parcel
  793  owner. However, an owner may exclude his or her telephone
  794  numbers number from the directory by so requesting in writing to
  795  the association. An owner may consent in writing to the
  796  disclosure of other contact information described in this
  797  subparagraph. The association is not liable for the inadvertent
  798  disclosure of information that is protected under this
  799  subparagraph if the information is included in an official
  800  record of the association and is voluntarily provided by an
  801  owner and not requested by the association.
  802         6. Electronic security measures that are used by the
  803  association to safeguard data, including passwords.
  804         7. The software and operating system used by the
  805  association which allow the manipulation of data, even if the
  806  owner owns a copy of the same software used by the association.
  807  The data is part of the official records of the association.
  808         (e) An outgoing board or committee member must relinquish
  809  all official records and property of the association in his or
  810  her possession or under his or her control to the incoming board
  811  within 5 days after the election. The division shall impose a
  812  civil penalty as set forth in s. 719.501(1)(d) against an
  813  outgoing board or committee member who willfully and knowingly
  814  fails to relinquish such records and property.
  815         (4) FINANCIAL REPORT.—
  816         (a) Within 90 60 days following the end of the fiscal or
  817  calendar year or annually on such date as is otherwise provided
  818  in the bylaws of the association, the board of administration of
  819  the association shall prepare and complete, or contract with a
  820  third party to prepare and complete, a financial report covering
  821  the preceding fiscal or calendar year. Within 21 days after the
  822  financial report is completed by the association or received
  823  from the third party, but no later than 120 days after the end
  824  of the fiscal year, calendar year, or other date provided in the
  825  bylaws, the association shall provide each member with a copy of
  826  the annual financial report or a written notice that a copy of
  827  the financial report is available upon request at no charge to
  828  the member. The division shall adopt rules setting forth uniform
  829  accounting principles, standards, and reporting requirements
  830  mail or furnish by personal delivery to each unit owner a
  831  complete financial report of actual receipts and expenditures
  832  for the previous 12 months, or a complete set of financial
  833  statements for the preceding fiscal year prepared in accordance
  834  with generally accepted accounting procedures. The report shall
  835  show the amounts of receipts by accounts and receipt
  836  classifications and shall show the amounts of expenses by
  837  accounts and expense classifications including, if applicable,
  838  but not limited to, the following:
  839         1. Costs for security;
  840         2. Professional and management fees and expenses;
  841         3. Taxes;
  842         4. Costs for recreation facilities;
  843         5. Expenses for refuse collection and utility services;
  844         6. Expenses for lawn care;
  845         7. Costs for building maintenance and repair;
  846         8. Insurance costs;
  847         9. Administrative and salary expenses; and
  848         10. Reserves for capital expenditures, deferred
  849  maintenance, and any other category for which the association
  850  maintains a reserve account or accounts.
  851         (b) Except as provided in paragraph (c), an association
  852  whose total annual revenues meet the criteria of this paragraph
  853  shall prepare or cause to be prepared a complete set of
  854  financial statements according to the generally accepted
  855  accounting principles adopted by the Board of Accountancy. The
  856  financial statements shall be as follows:
  857         1. An association with total annual revenues between
  858  $150,000 and $299,999 shall prepare a compiled financial
  859  statement.
  860         2. An association with total annual revenues between
  861  $300,000 and $499,999 shall prepare a reviewed financial
  862  statement.
  863         3. An association with total annual revenues of $500,000 or
  864  more shall prepare an audited financial statement The division
  865  shall adopt rules that may require that the association deliver
  866  to the unit owners, in lieu of the financial report required by
  867  this section, a complete set of financial statements for the
  868  preceding fiscal year. The financial statements shall be
  869  delivered within 90 days following the end of the previous
  870  fiscal year or annually on such other date as provided in the
  871  bylaws. The rules of the division may require that the financial
  872  statements be compiled, reviewed, or audited, and the rules
  873  shall take into consideration the criteria set forth in s.
  874  719.501(1)(j).
  875         4. The requirement to have the financial statements
  876  compiled, reviewed, or audited does not apply to an association
  877  associations if a majority of the voting interests of the
  878  association present at a duly called meeting of the association
  879  have voted determined for a fiscal year to waive this
  880  requirement for the fiscal year. In an association in which
  881  turnover of control by the developer has not occurred, the
  882  developer may vote to waive the audit requirement for the first
  883  2 years of the operation of the association, after which time
  884  waiver of an applicable audit requirement shall be by a majority
  885  of voting interests other than the developer. The meeting shall
  886  be held prior to the end of the fiscal year, and the waiver
  887  shall be effective for only one fiscal year. An association may
  888  not waive the financial reporting requirements of this section
  889  for more than 3 consecutive years This subsection does not apply
  890  to a cooperative that consists of 50 or fewer units.
  891         (c)1. An association with total annual revenues of less
  892  than $150,000 shall prepare a report of cash receipts and
  893  expenditures.
  894         2. An association in a community of fewer than 50 units,
  895  regardless of the association’s annual revenues, shall prepare a
  896  report of cash receipts and expenditures in lieu of the
  897  financial statements required by paragraph (b), unless the
  898  declaration or other recorded governing documents provide
  899  otherwise.
  900         3. A report of cash receipts and expenditures must disclose
  901  the amount of receipts by accounts and receipt classifications
  902  and the amount of expenses by accounts and expense
  903  classifications, including the following, as applicable: costs
  904  for security, professional, and management fees and expenses;
  905  taxes; costs for recreation facilities; expenses for refuse
  906  collection and utility services; expenses for lawn care; costs
  907  for building maintenance and repair; insurance costs;
  908  administration and salary expenses; and reserves, if maintained
  909  by the association.
  910         (d) If at least 20 percent of the unit owners petition the
  911  board for a greater level of financial reporting than that
  912  required by this section, the association shall duly notice and
  913  hold a membership meeting within 30 days after receipt of the
  914  petition to vote on raising the level of reporting for that
  915  fiscal year. Upon approval by a majority of the voting interests
  916  represented at a meeting at which a quorum of unit owners is
  917  present, the association shall prepare an amended budget or
  918  shall adopt a special assessment to pay for the financial report
  919  regardless of any provision to the contrary in the declaration
  920  or other recorded governing documents. In addition, the
  921  association shall provide within 90 days after the meeting or
  922  the end of the fiscal year, whichever occurs later:
  923         1. Compiled, reviewed, or audited financial statements, if
  924  the association is otherwise required to prepare a report of
  925  cash receipts and expenditures;
  926         2. Reviewed or audited financial statements, if the
  927  association is otherwise required to prepare compiled financial
  928  statements; or
  929         3. Audited financial statements, if the association is
  930  otherwise required to prepare reviewed financial statements.
  931         (e) If approved by a majority of the voting interests
  932  present at a properly called meeting of the association, an
  933  association may prepare or cause to be prepared:
  934         1. A report of cash receipts and expenditures in lieu of a
  935  compiled, reviewed, or audited financial statement;
  936         2. A report of cash receipts and expenditures or a compiled
  937  financial statement in lieu of a reviewed or audited financial
  938  statement; or
  939         3. A report of cash receipts and expenditures, a compiled
  940  financial statement, or a reviewed financial statement in lieu
  941  of an audited financial statement.
  942         Section 14. Paragraph (a) of subsection (1) of section
  943  719.106, Florida Statutes, is amended to read:
  944         719.106 Bylaws; cooperative ownership.—
  945         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  946  documents shall provide for the following, and if they do not,
  947  they shall be deemed to include the following:
  948         (a) Administration.—
  949         1. The form of administration of the association shall be
  950  described, indicating the titles of the officers and board of
  951  administration and specifying the powers, duties, manner of
  952  selection and removal, and compensation, if any, of officers and
  953  board members. In the absence of such a provision, the board of
  954  administration shall be composed of five members, except in the
  955  case of cooperatives having five or fewer units, in which case
  956  in not-for-profit corporations, the board shall consist of not
  957  fewer than three members. In the absence of provisions to the
  958  contrary, the board of administration shall have a president, a
  959  secretary, and a treasurer, who shall perform the duties of
  960  those offices customarily performed by officers of corporations.
  961  Unless prohibited in the bylaws, the board of administration may
  962  appoint other officers and grant them those duties it deems
  963  appropriate. Unless otherwise provided in the bylaws, the
  964  officers shall serve without compensation and at the pleasure of
  965  the board. Unless otherwise provided in the bylaws, the members
  966  of the board shall serve without compensation.
  967         2. A person who has been suspended or removed by the
  968  division under this chapter, or who is delinquent in the payment
  969  of any monetary obligation due to the association, is not
  970  eligible to be a candidate for board membership and may not be
  971  listed on the ballot. A director or officer charged by
  972  information or indictment with a felony theft or embezzlement
  973  offense involving the association’s funds or property is
  974  suspended from office. The board shall fill the vacancy
  975  according to general law until the end of the period of the
  976  suspension or the end of the director’s term of office,
  977  whichever occurs first. However, if the charges are resolved
  978  without a finding of guilt or without acceptance of a plea of
  979  guilty or nolo contendere, the director or officer shall be
  980  reinstated for any remainder of his or her term of office. A
  981  member who has such criminal charges pending may not be
  982  appointed or elected to a position as a director or officer. A
  983  person who has been convicted of any felony in this state or in
  984  any United States District Court, or who has been convicted of
  985  any offense in another jurisdiction which would be considered a
  986  felony if committed in this state, is not eligible for board
  987  membership unless such felon’s civil rights have been restored
  988  for at least 5 years as of the date such person seeks election
  989  to the board. The validity of an action by the board is not
  990  affected if it is later determined that a board member is
  991  ineligible for board membership due to having been convicted of
  992  a felony.
  993         3.2. When a unit owner files a written inquiry by certified
  994  mail with the board of administration, the board shall respond
  995  in writing to the unit owner within 30 days of receipt of the
  996  inquiry. The board’s response shall either give a substantive
  997  response to the inquirer, notify the inquirer that a legal
  998  opinion has been requested, or notify the inquirer that advice
  999  has been requested from the division. If the board requests
 1000  advice from the division, the board shall, within 10 days of its
 1001  receipt of the advice, provide in writing a substantive response
 1002  to the inquirer. If a legal opinion is requested, the board
 1003  shall, within 60 days after the receipt of the inquiry, provide
 1004  in writing a substantive response to the inquirer. The failure
 1005  to provide a substantive response to the inquirer as provided
 1006  herein precludes the board from recovering attorney’s fees and
 1007  costs in any subsequent litigation, administrative proceeding,
 1008  or arbitration arising out of the inquiry. The association may,
 1009  through its board of administration, adopt reasonable rules and
 1010  regulations regarding the frequency and manner of responding to
 1011  the unit owners’ inquiries, one of which may be that the
 1012  association is obligated to respond to only one written inquiry
 1013  per unit in any given 30-day period. In such case, any
 1014  additional inquiry or inquiries must be responded to in the
 1015  subsequent 30-day period, or periods, as applicable.
 1016         Section 15. Section 719.128, Florida Statutes, is created
 1017  to read:
 1018         719.128 Association emergency powers.—
 1019         (1) To the extent allowed by law, unless specifically
 1020  prohibited by the cooperative documents, and consistent with s.
 1021  617.0830, the board of administration, in response to damage
 1022  caused by an event for which a state of emergency is declared
 1023  pursuant to s. 252.36 in the area encompassed by the
 1024  cooperative, may exercise the following powers:
 1025         (a) Conduct board or membership meetings after notice of
 1026  the meetings and board decisions is provided in as practicable a
 1027  manner as possible, including via publication, radio, United
 1028  States mail, the Internet, public service announcements,
 1029  conspicuous posting on the cooperative property, or any other
 1030  means the board deems appropriate under the circumstances.
 1031         (b) Cancel and reschedule an association meeting.
 1032         (c) Designate assistant officers who are not directors. If
 1033  the executive officer is incapacitated or unavailable, the
 1034  assistant officer has the same authority during the state of
 1035  emergency as the executive officer he or she assists.
 1036         (d) Relocate the association’s principal office or
 1037  designate an alternative principal office.
 1038         (e) Enter into agreements with counties and municipalities
 1039  to assist counties and municipalities with debris removal.
 1040         (f) Implement a disaster plan before or immediately
 1041  following the event for which a state of emergency is declared,
 1042  which may include turning on or shutting off elevators;
 1043  electricity; water, sewer, or security systems; or air
 1044  conditioners for association buildings.
 1045         (g) Based upon the advice of emergency management officials
 1046  or upon the advice of licensed professionals retained by the
 1047  board of administration, determine any portion of the
 1048  cooperative property unavailable for entry or occupancy by unit
 1049  owners or their family members, tenants, guests, agents, or
 1050  invitees to protect their health, safety, or welfare.
 1051         (h) Based upon the advice of emergency management officials
 1052  or upon the advice of licensed professionals retained by the
 1053  board of administration, determine whether the cooperative
 1054  property can be safely inhabited or occupied. However, such
 1055  determination is not conclusive as to any determination of
 1056  habitability pursuant to the declaration.
 1057         (i) Require the evacuation of the cooperative property in
 1058  the event of a mandatory evacuation order in the area where the
 1059  cooperative is located. If a unit owner or other occupant of a
 1060  cooperative fails to evacuate the cooperative property for which
 1061  the board has required evacuation, the association is immune
 1062  from liability for injury to persons or property arising from
 1063  such failure.
 1064         (j) Mitigate further damage, including taking action to
 1065  contract for the removal of debris and to prevent or mitigate
 1066  the spread of fungus, including mold or mildew, by removing and
 1067  disposing of wet drywall, insulation, carpet, cabinetry, or
 1068  other fixtures on or within the cooperative property, regardless
 1069  of whether the unit owner is obligated by the declaration or law
 1070  to insure or replace those fixtures and to remove personal
 1071  property from a unit.
 1072         (k) Contract, on behalf of a unit owner, for items or
 1073  services for which the owner is otherwise individually
 1074  responsible, but which are necessary to prevent further damage
 1075  to the cooperative property. In such event, the unit owner on
 1076  whose behalf the board has contracted is responsible for
 1077  reimbursing the association for the actual costs of the items or
 1078  services, and the association may use its lien authority
 1079  provided by s. 719.108 to enforce collection of the charges.
 1080  Such items or services may include the drying of the unit, the
 1081  boarding of broken windows or doors, and the replacement of a
 1082  damaged air conditioner or air handler to provide climate
 1083  control in the unit or other portions of the property.
 1084         (l) Notwithstanding a provision to the contrary, and
 1085  regardless of whether such authority does not specifically
 1086  appear in the cooperative documents, levy special assessments
 1087  without a vote of the owners.
 1088         (m) Without unit owners’ approval, borrow money and pledge
 1089  association assets as collateral to fund emergency repairs and
 1090  carry out the duties of the association if operating funds are
 1091  insufficient. This paragraph does not limit the general
 1092  authority of the association to borrow money, subject to such
 1093  restrictions contained in the cooperative documents.
 1094         (2) The authority granted under subsection (1) is limited
 1095  to that time reasonably necessary to protect the health, safety,
 1096  and welfare of the association and the unit owners and their
 1097  family members, tenants, guests, agents, or invitees, and to
 1098  mitigate further damage and make emergency repairs.
 1099         Section 16. Paragraph (c) of subsection (5) of section
 1100  720.303, Florida Statutes, is amended to read:
 1101         720.303 Association powers and duties; meetings of board;
 1102  official records; budgets; financial reporting; association
 1103  funds; recalls.—
 1104         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1105  shall be maintained within the state for at least 7 years and
 1106  shall be made available to a parcel owner for inspection or
 1107  photocopying within 45 miles of the community or within the
 1108  county in which the association is located within 10 business
 1109  days after receipt by the board or its designee of a written
 1110  request. This subsection may be complied with by having a copy
 1111  of the official records available for inspection or copying in
 1112  the community or, at the option of the association, by making
 1113  the records available to a parcel owner electronically via the
 1114  Internet or by allowing the records to be viewed in electronic
 1115  format on a computer screen and printed upon request. If the
 1116  association has a photocopy machine available where the records
 1117  are maintained, it must provide parcel owners with copies on
 1118  request during the inspection if the entire request is limited
 1119  to no more than 25 pages. An association shall allow a member or
 1120  his or her authorized representative to use a portable device,
 1121  including a smartphone, tablet, portable scanner, or any other
 1122  technology capable of scanning or taking photographs, to make an
 1123  electronic copy of the official records in lieu of the
 1124  association’s providing the member or his or her authorized
 1125  representative with a copy of such records. The association may
 1126  not charge a fee to a member or his or her authorized
 1127  representative for the use of a portable device.
 1128         (c) The association may adopt reasonable written rules
 1129  governing the frequency, time, location, notice, records to be
 1130  inspected, and manner of inspections, but may not require a
 1131  parcel owner to demonstrate any proper purpose for the
 1132  inspection, state any reason for the inspection, or limit a
 1133  parcel owner’s right to inspect records to less than one 8-hour
 1134  business day per month. The association may impose fees to cover
 1135  the costs of providing copies of the official records, including
 1136  the costs of copying and the costs required for personnel to
 1137  retrieve and copy the records if the time spent retrieving and
 1138  copying the records exceeds one-half hour and if the personnel
 1139  costs do not exceed $20 per hour. Personnel costs may not be
 1140  charged for records requests that result in the copying of 25 or
 1141  fewer pages. The association may charge up to 25 cents per page
 1142  for copies made on the association’s photocopier. If the
 1143  association does not have a photocopy machine available where
 1144  the records are kept, or if the records requested to be copied
 1145  exceed 25 pages in length, the association may have copies made
 1146  by an outside duplicating service and may charge the actual cost
 1147  of copying, as supported by the vendor invoice. The association
 1148  shall maintain an adequate number of copies of the recorded
 1149  governing documents, to ensure their availability to members and
 1150  prospective members. Notwithstanding this paragraph, the
 1151  following records are not accessible to members or parcel
 1152  owners:
 1153         1. Any record protected by the lawyer-client privilege as
 1154  described in s. 90.502 and any record protected by the work
 1155  product privilege, including, but not limited to, a record
 1156  prepared by an association attorney or prepared at the
 1157  attorney’s express direction which reflects a mental impression,
 1158  conclusion, litigation strategy, or legal theory of the attorney
 1159  or the association and which was prepared exclusively for civil
 1160  or criminal litigation or for adversarial administrative
 1161  proceedings or which was prepared in anticipation of such
 1162  litigation or proceedings until the conclusion of the litigation
 1163  or proceedings.
 1164         2. Information obtained by an association in connection
 1165  with the approval of the lease, sale, or other transfer of a
 1166  parcel.
 1167         3. Personnel records of association or management company
 1168  employees, including, but not limited to, disciplinary, payroll,
 1169  health, and insurance records. For purposes of this
 1170  subparagraph, the term “personnel records” does not include
 1171  written employment agreements with an association or management
 1172  company employee or budgetary or financial records that indicate
 1173  the compensation paid to an association or management company
 1174  employee.
 1175         4. Medical records of parcel owners or community residents.
 1176         5. Social security numbers, driver license numbers, credit
 1177  card numbers, electronic mailing addresses, telephone numbers,
 1178  facsimile numbers, emergency contact information, any addresses
 1179  for a parcel owner other than as provided for association notice
 1180  requirements, and other personal identifying information of any
 1181  person, excluding the person’s name, parcel designation, mailing
 1182  address, and property address. Notwithstanding the restrictions
 1183  in this subparagraph, an association may print and distribute to
 1184  parcel owners a directory containing the name, parcel address,
 1185  and all telephone numbers number of each parcel owner. However,
 1186  an owner may exclude his or her telephone numbers number from
 1187  the directory by so requesting in writing to the association. An
 1188  owner may consent in writing to the disclosure of other contact
 1189  information described in this subparagraph. The association is
 1190  not liable for the disclosure of information that is protected
 1191  under this subparagraph if the information is included in an
 1192  official record of the association and is voluntarily provided
 1193  by an owner and not requested by the association.
 1194         6. Any electronic security measure that is used by the
 1195  association to safeguard data, including passwords.
 1196         7. The software and operating system used by the
 1197  association which allows the manipulation of data, even if the
 1198  owner owns a copy of the same software used by the association.
 1199  The data is part of the official records of the association.
 1200         Section 17. Paragraph (b) of subsection (1) of section
 1201  720.306, Florida Statutes, is amended to read:
 1202         720.306 Meetings of members; voting and election
 1203  procedures; amendments.—
 1204         (1) QUORUM; AMENDMENTS.—
 1205         (b) Unless otherwise provided in the governing documents or
 1206  required by law, and other than those matters set forth in
 1207  paragraph (c), any governing document of an association may be
 1208  amended by the affirmative vote of two-thirds of the voting
 1209  interests of the association. Within 30 days after recording an
 1210  amendment to the governing documents, the association shall
 1211  provide copies of the amendment to the members. However, if a
 1212  copy of the proposed amendment is provided to the members before
 1213  they vote on the amendment and the proposed amendment is not
 1214  changed before the vote, the association, in lieu of providing a
 1215  copy of the amendment, may provide notice to the members that
 1216  the amendment was adopted, identifying the official book and
 1217  page number or instrument number of the recorded amendment and
 1218  that a copy of the amendment is available at no charge to the
 1219  member upon written request to the association. The copies and
 1220  notice described in this paragraph may be provided
 1221  electronically to those owners who previously consented to
 1222  receive notice electronically.
 1223         Section 18. Section 720.316, Florida Statutes, is created
 1224  to read:
 1225         720.316 Association emergency powers.—
 1226         (1) To the extent allowed by law, unless specifically
 1227  prohibited by the declaration or other recorded governing
 1228  documents, and consistent with s. 617.0830, the board of
 1229  directors, in response to damage caused by an event for which a
 1230  state of emergency is declared pursuant to s. 252.36 in the area
 1231  encompassed by the association, may exercise the following
 1232  powers:
 1233         (a) Conduct board or membership meetings after notice of
 1234  the meetings and board decisions is provided in as practicable a
 1235  manner as possible, including via publication, radio, United
 1236  States mail, the Internet, public service announcements,
 1237  conspicuous posting on the association property, or any other
 1238  means the board deems appropriate under the circumstances.
 1239         (b) Cancel and reschedule an association meeting.
 1240         (c) Designate assistant officers who are not directors. If
 1241  the executive officer is incapacitated or unavailable, the
 1242  assistant officer has the same authority during the state of
 1243  emergency as the executive officer he or she assists.
 1244         (d) Relocate the association’s principal office or
 1245  designate an alternative principal office.
 1246         (e) Enter into agreements with counties and municipalities
 1247  to assist counties and municipalities with debris removal.
 1248         (f) Implement a disaster plan before or immediately
 1249  following the event for which a state of emergency is declared,
 1250  which may include, but is not limited to, turning on or shutting
 1251  off elevators; electricity; water, sewer, or security systems;
 1252  or air conditioners for association buildings.
 1253         (g) Based upon the advice of emergency management officials
 1254  or upon the advice of licensed professionals retained by the
 1255  board, determine any portion of the association property
 1256  unavailable for entry or occupancy by owners or their family
 1257  members, tenants, guests, agents, or invitees to protect their
 1258  health, safety, or welfare.
 1259         (h) Based upon the advice of emergency management officials
 1260  or upon the advice of licensed professionals retained by the
 1261  board, determine whether the association property can be safely
 1262  inhabited or occupied. However, such determination is not
 1263  conclusive as to any determination of habitability pursuant to
 1264  the declaration.
 1265         (i) Mitigate further damage, including taking action to
 1266  contract for the removal of debris and to prevent or mitigate
 1267  the spread of fungus, including mold or mildew, by removing and
 1268  disposing of wet drywall, insulation, carpet, cabinetry, or
 1269  other fixtures on or within the association property.
 1270         (j) Notwithstanding a provision to the contrary, and
 1271  regardless of whether such authority does not specifically
 1272  appear in the declaration or other recorded governing documents,
 1273  levy special assessments without a vote of the owners.
 1274         (k) Without owners’ approval, borrow money and pledge
 1275  association assets as collateral to fund emergency repairs and
 1276  carry out the duties of the association if operating funds are
 1277  insufficient. This paragraph does not limit the general
 1278  authority of the association to borrow money, subject to such
 1279  restrictions contained in the declaration or other recorded
 1280  governing documents.
 1281         (2) The authority granted under subsection (1) is limited
 1282  to that time reasonably necessary to protect the health, safety,
 1283  and welfare of the association and the parcel owners and their
 1284  family members, tenants, guests, agents, or invitees, and to
 1285  mitigate further damage and make emergency repairs.
 1286         Section 19. This act shall take effect July 1, 2014.