Florida Senate - 2014                CS for CS for CS for SB 798
       
       
        
       By the Committees on Appropriations; Judiciary; and Regulated
       Industries; and Senator Ring
       
       
       
       
       576-04707-14                                           2014798c3
    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; removing uninsured losses as a common expense
   33         of a condominium; providing that an owner may consent
   34         in 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.; clarifying the meaning of the term “previous
   48         owner”; limiting the present owner’s liability for
   49         unpaid assessments to those that accrued before the
   50         association acquired title; repealing s. 718.50151,
   51         F.S., relating to the Community Association Living
   52         Study Council and its membership functions; amending
   53         s. 718.707, F.S.; extending the date by which a
   54         condominium parcel must be acquired in order for a
   55         person to be classified as a bulk assignee or bulk
   56         buyer; amending s. 719.104, F.S.; providing that an
   57         owner may consent in writing to the disclosure of
   58         certain contact information; requiring an outgoing
   59         cooperative association board or committee member to
   60         relinquish all official records and property of the
   61         association within a specified time; providing a civil
   62         penalty for failing to relinquish such records and
   63         property; providing dates by which financial reports
   64         for an association must be completed; specifying that
   65         members must receive copies of financial reports;
   66         requiring specific types of financial statements for
   67         associations of varying sizes; providing exceptions;
   68         providing a mechanism for waiving or increasing
   69         financial reporting requirements; amending s. 719.106,
   70         F.S.; providing for suspension from office of a
   71         director or officer who is charged with one or more of
   72         certain felony offenses; providing procedures for
   73         filling such vacancy or reinstating such member under
   74         specific circumstances; providing a mechanism for a
   75         person who is convicted of a felony to be eligible for
   76         board membership; creating s. 719.128, F.S.; providing
   77         emergency powers of a cooperative association;
   78         amending s. 720.303, F.S.; providing that an owner may
   79         consent in writing to the disclosure of certain
   80         contact information; amending s. 720.306, F.S.;
   81         providing for specified notice to members in lieu of
   82         copies of an amendment; creating s. 720.316, F.S.;
   83         providing emergency powers of a homeowners’
   84         association; providing an effective date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Subsection (4) of section 509.013, Florida
   89  Statutes, is amended to read:
   90         509.013 Definitions.—As used in this chapter, the term:
   91         (4)(a) “Public lodging establishment” includes a transient
   92  public lodging establishment as defined in subparagraph 1. and a
   93  nontransient public lodging establishment as defined in
   94  subparagraph 2.
   95         1. “Transient public lodging establishment” means any unit,
   96  group of units, dwelling, building, or group of buildings within
   97  a single complex of buildings which is rented to guests more
   98  than three times in a calendar year for periods of less than 30
   99  days or 1 calendar month, whichever is less, or which is
  100  advertised or held out to the public as a place regularly rented
  101  to guests.
  102         2. “Nontransient public lodging establishment” means any
  103  unit, group of units, dwelling, building, or group of buildings
  104  within a single complex of buildings which is rented to guests
  105  for periods of at least 30 days or 1 calendar month, whichever
  106  is less, or which is advertised or held out to the public as a
  107  place regularly rented to guests for periods of at least 30 days
  108  or 1 calendar month.
  109  
  110  License classifications of public lodging establishments, and
  111  the definitions therefor, are set out in s. 509.242. For the
  112  purpose of licensure, the term does not include condominium
  113  common elements as defined in s. 718.103.
  114         (b) The following are excluded from the definitions in
  115  paragraph (a):
  116         1. Any dormitory or other living or sleeping facility
  117  maintained by a public or private school, college, or university
  118  for the use of students, faculty, or visitors.
  119         2. Any facility certified or licensed and regulated by the
  120  Agency for Health Care Administration or the Department of
  121  Children and Family Services or other similar place regulated
  122  under s. 381.0072.
  123         3. Any place renting four rental units or less, unless the
  124  rental units are advertised or held out to the public to be
  125  places that are regularly rented to transients.
  126         4. Any unit or group of units in a condominium,
  127  cooperative, or timeshare plan and any individually or
  128  collectively owned one-family, two-family, three-family, or
  129  four-family dwelling house or dwelling unit that is rented for
  130  periods of at least 30 days or 1 calendar month, whichever is
  131  less, and that is not advertised or held out to the public as a
  132  place regularly rented for periods of less than 1 calendar
  133  month, provided that no more than four rental units within a
  134  single complex of buildings are available for rent.
  135         5. Any migrant labor camp or residential migrant housing
  136  permitted by the Department of Health under ss. 381.008
  137  381.00895.
  138         6. Any establishment inspected by the Department of Health
  139  and regulated by chapter 513.
  140         7. Any nonprofit organization that operates a facility
  141  providing housing only to patients, patients’ families, and
  142  patients’ caregivers and not to the general public.
  143         8. Any apartment building inspected by the United States
  144  Department of Housing and Urban Development or other entity
  145  acting on the department’s behalf that is designated primarily
  146  as housing for persons at least 62 years of age. The division
  147  may require the operator of the apartment building to attest in
  148  writing that such building meets the criteria provided in this
  149  subparagraph. The division may adopt rules to implement this
  150  requirement.
  151         9. Any roominghouse, boardinghouse, or other living or
  152  sleeping facility that may not be classified as a hotel, motel,
  153  timeshare project, vacation rental, nontransient apartment, bed
  154  and breakfast inn, or transient apartment under s. 509.242.
  155         Section 2. Paragraph (a) of subsection (2) of section
  156  509.032, Florida Statutes, is amended to read:
  157         509.032 Duties.—
  158         (2) INSPECTION OF PREMISES.—
  159         (a) The division has responsibility and jurisdiction for
  160  all inspections required by this chapter. The division has
  161  responsibility for quality assurance. Each licensed
  162  establishment shall be inspected at least biannually, except for
  163  transient and nontransient apartments, which shall be inspected
  164  at least annually, and shall be inspected at such other times as
  165  the division determines is necessary to ensure the public’s
  166  health, safety, and welfare. The division shall establish a
  167  system to determine inspection frequency. Public lodging units
  168  classified as vacation rentals or timeshare projects are not
  169  subject to this requirement but shall be made available to the
  170  division upon request. If, during the inspection of a public
  171  lodging establishment classified for renting to transient or
  172  nontransient tenants, an inspector identifies vulnerable adults
  173  who appear to be victims of neglect, as defined in s. 415.102,
  174  or, in the case of a building that is not equipped with
  175  automatic sprinkler systems, tenants or clients who may be
  176  unable to self-preserve in an emergency, the division shall
  177  convene meetings with the following agencies as appropriate to
  178  the individual situation: the Department of Health, the
  179  Department of Elderly Affairs, the area agency on aging, the
  180  local fire marshal, the landlord and affected tenants and
  181  clients, and other relevant organizations, to develop a plan
  182  which improves the prospects for safety of affected residents
  183  and, if necessary, identifies alternative living arrangements
  184  such as facilities licensed under part II of chapter 400 or
  185  under chapter 429.
  186         Section 3. Subsection (9) of section 509.221, Florida
  187  Statutes, is amended to read:
  188         509.221 Sanitary regulations.—
  189         (9) Subsections (2), (5), and (6) do not apply to any
  190  facility or unit classified as a vacation rental, or
  191  nontransient apartment, or timeshare project as described in s.
  192  509.242(1)(c), and (d), and (g).
  193         Section 4. Subsection (2) of section 509.241, Florida
  194  Statutes, is amended to read:
  195         509.241 Licenses required; exceptions.—
  196         (2) APPLICATION FOR LICENSE.—Each person who plans to open
  197  a public lodging establishment or a public food service
  198  establishment shall apply for and receive a license from the
  199  division prior to the commencement of operation. A condominium
  200  association, as defined in s. 718.103, which does not own any
  201  units classified as vacation rentals or timeshare projects under
  202  s. 509.242(1)(c) or (g) is not required to apply for or receive
  203  a public lodging establishment license.
  204         Section 5. Subsection (1) of section 509.242, Florida
  205  Statutes, is amended to read:
  206         509.242 Public lodging establishments; classifications.—
  207         (1) A public lodging establishment shall be classified as a
  208  hotel, motel, nontransient apartment, transient apartment, bed
  209  and breakfast inn, timeshare project, or vacation rental if the
  210  establishment satisfies the following criteria:
  211         (a) Hotel.—A hotel is any public lodging establishment
  212  containing sleeping room accommodations for 25 or more guests
  213  and providing the services generally provided by a hotel and
  214  recognized as a hotel in the community in which it is situated
  215  or by the industry.
  216         (b) Motel.—A motel is any public lodging establishment
  217  which offers rental units with an exit to the outside of each
  218  rental unit, daily or weekly rates, offstreet parking for each
  219  unit, a central office on the property with specified hours of
  220  operation, a bathroom or connecting bathroom for each rental
  221  unit, and at least six rental units, and which is recognized as
  222  a motel in the community in which it is situated or by the
  223  industry.
  224         (c) Vacation rental.—A vacation rental is any unit or group
  225  of units in a condominium or, cooperative, or timeshare plan or
  226  any individually or collectively owned single-family, two
  227  family, three-family, or four-family house or dwelling unit that
  228  is also a transient public lodging establishment but that is not
  229  a timeshare project.
  230         (d) Nontransient apartment.—A nontransient apartment is a
  231  building or complex of buildings in which 75 percent or more of
  232  the units are available for rent to nontransient tenants.
  233         (e) Transient apartment.—A transient apartment is a
  234  building or complex of buildings in which more than 25 percent
  235  of the units are advertised or held out to the public as
  236  available for transient occupancy.
  237         (f) Bed and breakfast inn.—A bed and breakfast inn is a
  238  family home structure, with no more than 15 sleeping rooms,
  239  which has been modified to serve as a transient public lodging
  240  establishment, which provides the accommodation and meal
  241  services generally offered by a bed and breakfast inn, and which
  242  is recognized as a bed and breakfast inn in the community in
  243  which it is situated or by the hospitality industry.
  244         (g) Timeshare project.—A timeshare project is a timeshare
  245  property, as defined in chapter 721, which is located in this
  246  state and which is also a transient public lodging
  247  establishment.
  248         Section 6. Subsection (1) of section 509.251, Florida
  249  Statutes, is amended to read:
  250         509.251 License fees.—
  251         (1) The division shall adopt, by rule, a schedule of fees
  252  to be paid by each public lodging establishment as a
  253  prerequisite to issuance or renewal of a license. Such fees
  254  shall be based on the number of rental units in the
  255  establishment. The aggregate fee per establishment charged any
  256  public lodging establishment shall not exceed $1,000; however,
  257  the fees described in paragraphs (a) and (b) may not be included
  258  as part of the aggregate fee subject to this cap. Vacation
  259  rental units or timeshare projects within separate buildings or
  260  at separate locations but managed by one licensed agent may be
  261  combined in a single license application, and the division shall
  262  charge a license fee as if all units in the application are in a
  263  single licensed establishment. The fee schedule shall require an
  264  establishment which applies for an initial license to pay the
  265  full license fee if application is made during the annual
  266  renewal period or more than 6 months prior to the next such
  267  renewal period and one-half of the fee if application is made 6
  268  months or less prior to such period. The fee schedule shall
  269  include fees collected for the purpose of funding the
  270  Hospitality Education Program, pursuant to s. 509.302, which are
  271  payable in full for each application regardless of when the
  272  application is submitted.
  273         (a) Upon making initial application or an application for
  274  change of ownership, the applicant shall pay to the division a
  275  fee as prescribed by rule, not to exceed $50, in addition to any
  276  other fees required by law, which shall cover all costs
  277  associated with initiating regulation of the establishment.
  278         (b) A license renewal filed with the division within 30
  279  days after the expiration date shall be accompanied by a
  280  delinquent fee as prescribed by rule, not to exceed $50, in
  281  addition to the renewal fee and any other fees required by law.
  282  A license renewal filed with the division more than 30 but not
  283  more than 60 days after the expiration date shall be accompanied
  284  by a delinquent fee as prescribed by rule, not to exceed $100,
  285  in addition to the renewal fee and any other fees required by
  286  law.
  287         Section 7. Subsection (1) of section 712.05, Florida
  288  Statutes, is amended to read:
  289         712.05 Effect of filing notice.—
  290         (1) A Any person claiming an interest in land or a
  291  homeowners’ association desiring to preserve a any covenant or
  292  restriction may preserve and protect the same from
  293  extinguishment by the operation of this act by filing for
  294  record, during the 30-year period immediately following the
  295  effective date of the root of title, a written notice, in
  296  writing, in accordance with this chapter. Such the provisions
  297  hereof, which notice preserves shall have the effect of so
  298  preserving such claim of right or such covenant or restriction
  299  or portion of such covenant or restriction for up to a period of
  300  not longer than 30 years after filing the notice same unless the
  301  notice is filed again filed as required in this chapter herein.
  302  A person’s No disability or lack of knowledge of any kind may
  303  not on the part of anyone shall delay the commencement of or
  304  suspend the running of the said 30-year period. Such notice may
  305  be filed for record by the claimant or by any other person
  306  acting on behalf of a any claimant who is:
  307         (a) Under a disability;,
  308         (b) Unable to assert a claim on his or her behalf;, or
  309         (c) One of a class, but whose identity cannot be
  310  established or is uncertain at the time of filing such notice of
  311  claim for record.
  312  
  313  Such notice may be filed by a homeowners’ association only if
  314  the preservation of such covenant or restriction or portion of
  315  such covenant or restriction is approved by at least two-thirds
  316  of the members of the board of directors of an incorporated
  317  homeowners’ association at a meeting for which a notice, stating
  318  the meeting’s time and place and containing the statement of
  319  marketable title action described in s. 712.06(1)(b), was mailed
  320  or hand delivered to members of the homeowners’ association at
  321  least not less than 7 days before prior to such meeting. The
  322  homeowners’ association or clerk of the circuit court is not
  323  required to provide additional notice pursuant to s. 712.06(3).
  324  The preceding sentence is intended to clarify existing law.
  325         Section 8. Subsection (5), paragraph (j) of subsection
  326  (11), and paragraph (c) of subsection (12) of section 718.111,
  327  Florida Statutes, are amended, and paragraph (f) is added to
  328  subsection (12) of that section, to read:
  329         718.111 The association.—
  330         (5) RIGHT OF ACCESS TO UNITS.—
  331         (a) The association has the irrevocable right of access to
  332  each unit during reasonable hours, when necessary for the
  333  maintenance, repair, or replacement of any common elements or of
  334  any portion of a unit to be maintained by the association
  335  pursuant to the declaration or as necessary to prevent damage to
  336  the common elements or to a unit or units.
  337         (b)1. In addition to the association’s right of access in
  338  paragraph (a) and regardless of whether authority is provided in
  339  the declaration or other recorded condominium documents, an
  340  association, at the sole discretion of the board, may enter an
  341  abandoned unit to inspect the unit and adjoining common
  342  elements; make repairs to the unit or to the common elements
  343  serving the unit, as needed; repair the unit if mold or
  344  deterioration is present; turn on the utilities for the unit; or
  345  otherwise maintain, preserve, or protect the unit and adjoining
  346  common elements. For purposes of this paragraph, a unit is
  347  presumed to be abandoned if all tenants and the unit owner have
  348  been absent from the unit for 2 consecutive months and the
  349  association is unable to contact the owner or determine the
  350  whereabouts of the owner after reasonable inquiry. However, this
  351  presumption does not apply if the unit owner is current on all
  352  assessments or the unit owner or a tenant has notified the
  353  association, in writing, of an intended absence.
  354         2. Except in the case of an emergency, an association may
  355  not enter an abandoned unit until 2 days after notice of the
  356  association’s intent to enter the unit has been mailed or hand
  357  delivered to the owner at the address of the owner as reflected
  358  in the records of the association. The notice may be given by
  359  electronic transmission to unit owners who previously consented
  360  to receive notice by electronic transmission.
  361         3. Any reasonable expense incurred by an association
  362  pursuant to this paragraph is chargeable to the unit owner and
  363  enforceable as an assessment pursuant to s. 718.116, and the
  364  association may use the lien authority provided under s. 718.116
  365  to enforce collection of the expense.
  366         4. The association may petition a court of competent
  367  jurisdiction to appoint a receiver to lease out an abandoned
  368  unit for the benefit of the association to offset against the
  369  rental income the association’s costs and expenses of
  370  maintaining, preserving, and protecting the unit and the
  371  adjoining common elements, including the costs of the
  372  receivership and all unpaid assessments, interest,
  373  administrative late fees, costs, and reasonable attorney fees.
  374         (11) INSURANCE.—In order to protect the safety, health, and
  375  welfare of the people of the State of Florida and to ensure
  376  consistency in the provision of insurance coverage to
  377  condominiums and their unit owners, this subsection applies to
  378  every residential condominium in the state, regardless of the
  379  date of its declaration of condominium. It is the intent of the
  380  Legislature to encourage lower or stable insurance premiums for
  381  associations described in this subsection.
  382         (j) Any portion of the condominium property that must be
  383  insured by the association against property loss pursuant to
  384  paragraph (f) which is damaged by an insurable event shall be
  385  reconstructed, repaired, or replaced as necessary by the
  386  association as a common expense. In the absence of an insurable
  387  event, the association or the unit owners shall be responsible
  388  for the reconstruction, repair, or replacement, as determined by
  389  the provisions of the declaration or bylaws. All property
  390  insurance deductibles, uninsured losses, and other damages in
  391  excess of property insurance coverage under the property
  392  insurance policies maintained by the association are a common
  393  expense of the condominium, except that:
  394         1. A unit owner is responsible for the costs of repair or
  395  replacement of any portion of the condominium property not paid
  396  by insurance proceeds if such damage is caused by intentional
  397  conduct, negligence, or failure to comply with the terms of the
  398  declaration or the rules of the association by a unit owner, the
  399  members of his or her family, unit occupants, tenants, guests,
  400  or invitees, without compromise of the subrogation rights of the
  401  insurer.
  402         2. The provisions of subparagraph 1. regarding the
  403  financial responsibility of a unit owner for the costs of
  404  repairing or replacing other portions of the condominium
  405  property also apply to the costs of repair or replacement of
  406  personal property of other unit owners or the association, as
  407  well as other property, whether real or personal, which the unit
  408  owners are required to insure.
  409         3. To the extent the cost of repair or reconstruction for
  410  which the unit owner is responsible under this paragraph is
  411  reimbursed to the association by insurance proceeds, and the
  412  association has collected the cost of such repair or
  413  reconstruction from the unit owner, the association shall
  414  reimburse the unit owner without the waiver of any rights of
  415  subrogation.
  416         4. The association is not obligated to pay for
  417  reconstruction or repairs of property losses as a common expense
  418  if the property losses were known or should have been known to a
  419  unit owner and were not reported to the association until after
  420  the insurance claim of the association for that property was
  421  settled or resolved with finality, or denied because it was
  422  untimely filed.
  423         (12) OFFICIAL RECORDS.—
  424         (c) The official records of the association are open to
  425  inspection by any association member or the authorized
  426  representative of such member at all reasonable times. The right
  427  to inspect the records includes the right to make or obtain
  428  copies, at the reasonable expense, if any, of the member. The
  429  association may adopt reasonable rules regarding the frequency,
  430  time, location, notice, and manner of record inspections and
  431  copying. The failure of an association to provide the records
  432  within 10 working days after receipt of a written request
  433  creates a rebuttable presumption that the association willfully
  434  failed to comply with this paragraph. A unit owner who is denied
  435  access to official records is entitled to the actual damages or
  436  minimum damages for the association’s willful failure to comply.
  437  Minimum damages are $50 per calendar day for up to 10 days,
  438  beginning on the 11th working day after receipt of the written
  439  request. The failure to permit inspection entitles any person
  440  prevailing in an enforcement action to recover reasonable
  441  attorney fees from the person in control of the records who,
  442  directly or indirectly, knowingly denied access to the records.
  443  Any person who knowingly or intentionally defaces or destroys
  444  accounting records that are required by this chapter to be
  445  maintained during the period for which such records are required
  446  to be maintained, or who knowingly or intentionally fails to
  447  create or maintain accounting records that are required to be
  448  created or maintained, with the intent of causing harm to the
  449  association or one or more of its members, is personally subject
  450  to a civil penalty pursuant to s. 718.501(1)(d). The association
  451  shall maintain an adequate number of copies of the declaration,
  452  articles of incorporation, bylaws, and rules, and all amendments
  453  to each of the foregoing, as well as the question and answer
  454  sheet as described in s. 718.504 and year-end financial
  455  information required under this section, on the condominium
  456  property to ensure their availability to unit owners and
  457  prospective purchasers, and may charge its actual costs for
  458  preparing and furnishing these documents to those requesting the
  459  documents. An association shall allow a member or his or her
  460  authorized representative to use a portable device, including a
  461  smartphone, tablet, portable scanner, or any other technology
  462  capable of scanning or taking photographs, to make an electronic
  463  copy of the official records in lieu of the association’s
  464  providing the member or his or her authorized representative
  465  with a copy of such records. The association may not charge a
  466  member or his or her authorized representative for the use of a
  467  portable device. Notwithstanding this paragraph, the following
  468  records are not accessible to unit owners:
  469         1. Any record protected by the lawyer-client privilege as
  470  described in s. 90.502 and any record protected by the work
  471  product privilege, including a record prepared by an association
  472  attorney or prepared at the attorney’s express direction, which
  473  reflects a mental impression, conclusion, litigation strategy,
  474  or legal theory of the attorney or the association, and which
  475  was prepared exclusively for civil or criminal litigation or for
  476  adversarial administrative proceedings, or which was prepared in
  477  anticipation of such litigation or proceedings until the
  478  conclusion of the litigation or proceedings.
  479         2. Information obtained by an association in connection
  480  with the approval of the lease, sale, or other transfer of a
  481  unit.
  482         3. Personnel records of association or management company
  483  employees, including, but not limited to, disciplinary, payroll,
  484  health, and insurance records. For purposes of this
  485  subparagraph, the term “personnel records” does not include
  486  written employment agreements with an association employee or
  487  management company, or budgetary or financial records that
  488  indicate the compensation paid to an association employee.
  489         4. Medical records of unit owners.
  490         5. Social security numbers, driver’s license numbers,
  491  credit card numbers, e-mail addresses, telephone numbers,
  492  facsimile numbers, emergency contact information, addresses of a
  493  unit owner other than as provided to fulfill the association’s
  494  notice requirements, and other personal identifying information
  495  of any person, excluding the person’s name, unit designation,
  496  mailing address, property address, and any address, e-mail
  497  address, or facsimile number provided to the association to
  498  fulfill the association’s notice requirements. Notwithstanding
  499  the restrictions in this subparagraph, an association may print
  500  and distribute to parcel owners a directory containing the name,
  501  parcel address, and all telephone numbers number of each parcel
  502  owner. However, an owner may exclude his or her telephone
  503  numbers number from the directory by so requesting in writing to
  504  the association. An owner may consent in writing to the
  505  disclosure of other contact information described in this
  506  subparagraph. The association is not liable for the inadvertent
  507  disclosure of information that is protected under this
  508  subparagraph if the information is included in an official
  509  record of the association and is voluntarily provided by an
  510  owner and not requested by the association.
  511         6. Electronic security measures that are used by the
  512  association to safeguard data, including passwords.
  513         7. The software and operating system used by the
  514  association which allow the manipulation of data, even if the
  515  owner owns a copy of the same software used by the association.
  516  The data is part of the official records of the association.
  517         (f) An outgoing board or committee member must relinquish
  518  all official records and property of the association in his or
  519  her possession or under his or her control to the incoming board
  520  within 5 days after the election. The division shall impose a
  521  civil penalty as set forth in s. 718.501(1)(d)6. against an
  522  outgoing board or committee member who willfully and knowingly
  523  fails to relinquish such records and property.
  524         Section 9. Paragraphs (b) and (c) of subsection (2) of
  525  section 718.112, Florida Statutes, are amended to read:
  526         718.112 Bylaws.—
  527         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  528  following and, if they do not do so, shall be deemed to include
  529  the following:
  530         (b) Quorum; voting requirements; proxies.—
  531         1. Unless a lower number is provided in the bylaws, the
  532  percentage of voting interests required to constitute a quorum
  533  at a meeting of the members is a majority of the voting
  534  interests. Unless otherwise provided in this chapter or in the
  535  declaration, articles of incorporation, or bylaws, and except as
  536  provided in subparagraph (d)4., decisions shall be made by a
  537  majority of the voting interests represented at a meeting at
  538  which a quorum is present.
  539         2. Except as specifically otherwise provided herein, unit
  540  owners may not vote by general proxy, but may vote by limited
  541  proxies substantially conforming to a limited proxy form adopted
  542  by the division. A voting interest or consent right allocated to
  543  a unit owned by the association may not be exercised or
  544  considered for any purpose, whether for a quorum, an election,
  545  or otherwise. Limited proxies and general proxies may be used to
  546  establish a quorum. Limited proxies shall be used for votes
  547  taken to waive or reduce reserves in accordance with
  548  subparagraph (f)2.; for votes taken to waive the financial
  549  reporting requirements of s. 718.111(13); for votes taken to
  550  amend the declaration pursuant to s. 718.110; for votes taken to
  551  amend the articles of incorporation or bylaws pursuant to this
  552  section; and for any other matter for which this chapter
  553  requires or permits a vote of the unit owners. Except as
  554  provided in paragraph (d), a proxy, limited or general, may not
  555  be used in the election of board members. General proxies may be
  556  used for other matters for which limited proxies are not
  557  required, and may be used in voting for nonsubstantive changes
  558  to items for which a limited proxy is required and given.
  559  Notwithstanding this subparagraph, unit owners may vote in
  560  person at unit owner meetings. This subparagraph does not limit
  561  the use of general proxies or require the use of limited proxies
  562  for any agenda item or election at any meeting of a timeshare
  563  condominium association.
  564         3. Any proxy given is effective only for the specific
  565  meeting for which originally given and any lawfully adjourned
  566  meetings thereof. A proxy is not valid longer than 90 days after
  567  the date of the first meeting for which it was given and may be
  568  revoked. Every proxy is revocable at any time at the pleasure of
  569  the unit owner executing it.
  570         4. A member of the board of administration or a committee
  571  may submit in writing his or her agreement or disagreement with
  572  any action taken at a meeting that the member did not attend.
  573  This agreement or disagreement may not be used as a vote for or
  574  against the action taken or to create a quorum.
  575         5. A If any of the board or committee member’s
  576  participation in a meeting via telephone, real-time
  577  videoconferencing, or similar real-time electronic or video
  578  communication counts toward a quorum, and such member may vote
  579  as if physically present members meet by telephone conference,
  580  those board or committee members may be counted toward obtaining
  581  a quorum and may vote by telephone. A telephone speaker must be
  582  used so that the conversation of such those members may be heard
  583  by the board or committee members attending in person as well as
  584  by any unit owners present at a meeting.
  585         (c) Board of administration meetings.—Meetings of the board
  586  of administration at which a quorum of the members is present
  587  are open to all unit owners. Members of the board of
  588  administration may use e-mail as a means of communication but
  589  may not cast a vote on an association matter via e-mail. A unit
  590  owner may tape record or videotape the meetings. The right to
  591  attend such meetings includes the right to speak at such
  592  meetings with reference to all designated agenda items. The
  593  division shall adopt reasonable rules governing the tape
  594  recording and videotaping of the meeting. The association may
  595  adopt written reasonable rules governing the frequency,
  596  duration, and manner of unit owner statements.
  597         1. Adequate notice of all board meetings, which must
  598  specifically identify all agenda items, must be posted
  599  conspicuously on the condominium property at least 48 continuous
  600  hours before the meeting except in an emergency. If 20 percent
  601  of the voting interests petition the board to address an item of
  602  business, the board, within 60 days after receipt of the
  603  petition, shall place the item on the agenda at its next regular
  604  board meeting or at a special meeting called for that purpose of
  605  the board, but not later than 60 days after the receipt of the
  606  petition, shall place the item on the agenda. An Any item not
  607  included on the notice may be taken up on an emergency basis by
  608  a vote of at least a majority plus one of the board members.
  609  Such emergency action must be noticed and ratified at the next
  610  regular board meeting. However, written notice of a any meeting
  611  at which a nonemergency special assessment assessments, or an at
  612  which amendment to rules regarding unit use, will be considered
  613  must be mailed, delivered, or electronically transmitted to the
  614  unit owners and posted conspicuously on the condominium property
  615  at least 14 days before the meeting. Evidence of compliance with
  616  this 14-day notice requirement must be made by an affidavit
  617  executed by the person providing the notice and filed with the
  618  official records of the association. Upon notice to the unit
  619  owners, the board shall, by duly adopted rule, designate a
  620  specific location on the condominium or association property
  621  where all notices of board meetings must are to be posted. If
  622  there is no condominium property or association property where
  623  notices can be posted, notices shall be mailed, delivered, or
  624  electronically transmitted to each unit owner at least 14 days
  625  before the meeting to the owner of each unit. In lieu of or in
  626  addition to the physical posting of the notice on the
  627  condominium property, the association may, by reasonable rule,
  628  adopt a procedure for conspicuously posting and repeatedly
  629  broadcasting the notice and the agenda on a closed-circuit cable
  630  television system serving the condominium association. However,
  631  if broadcast notice is used in lieu of a notice physically
  632  posted on condominium property, the notice and agenda must be
  633  broadcast at least four times every broadcast hour of each day
  634  that a posted notice is otherwise required under this section.
  635  If broadcast notice is provided, the notice and agenda must be
  636  broadcast in a manner and for a sufficient continuous length of
  637  time so as to allow an average reader to observe the notice and
  638  read and comprehend the entire content of the notice and the
  639  agenda. Notice of any meeting in which regular or special
  640  assessments against unit owners are to be considered for any
  641  reason must specifically state that assessments will be
  642  considered and provide the nature, estimated cost, and
  643  description of the purposes for such assessments.
  644         2. Meetings of a committee to take final action on behalf
  645  of the board or make recommendations to the board regarding the
  646  association budget are subject to this paragraph. Meetings of a
  647  committee that does not take final action on behalf of the board
  648  or make recommendations to the board regarding the association
  649  budget are subject to this section, unless those meetings are
  650  exempted from this section by the bylaws of the association.
  651         3. Notwithstanding any other law, the requirement that
  652  board meetings and committee meetings be open to the unit owners
  653  does not apply to:
  654         a. Meetings between the board or a committee and the
  655  association’s attorney, with respect to proposed or pending
  656  litigation, if the meeting is held for the purpose of seeking or
  657  rendering legal advice; or
  658         b. Board meetings held for the purpose of discussing
  659  personnel matters.
  660         Section 10. Paragraph (a) of subsection (1) of section
  661  718.116, Florida Statutes, is amended to read:
  662         718.116 Assessments; liability; lien and priority;
  663  interest; collection.—
  664         (1)(a) A unit owner, regardless of how his or her title has
  665  been acquired, including by purchase at a foreclosure sale or by
  666  deed in lieu of foreclosure, is liable for all assessments which
  667  come due while he or she is the unit owner. Additionally, a unit
  668  owner is jointly and severally liable with the previous owner
  669  for all unpaid assessments that came due up to the time of
  670  transfer of title. This liability is without prejudice to any
  671  right the owner may have to recover from the previous owner the
  672  amounts paid by the owner. For the purposes of this paragraph,
  673  the term “previous owner” does not include an association that
  674  acquires title to a delinquent property through foreclosure or
  675  by deed in lieu of foreclosure. The present unit owner’s
  676  liability for unpaid assessments is limited to any unpaid
  677  assessments that accrued before the association acquired title
  678  to the delinquent property through foreclosure or by deed in
  679  lieu of foreclosure.
  680         Section 11. Section 718.50151, Florida Statutes, is
  681  repealed.
  682         Section 12. Section 718.707, Florida Statutes, is amended
  683  to read:
  684         718.707 Time limitation for classification as bulk assignee
  685  or bulk buyer.—A person acquiring condominium parcels may not be
  686  classified as a bulk assignee or bulk buyer unless the
  687  condominium parcels were acquired on or after July 1, 2010, but
  688  before July 1, 2016 2015. The date of such acquisition shall be
  689  determined by the date of recording a deed or other instrument
  690  of conveyance for such parcels in the public records of the
  691  county in which the condominium is located, or by the date of
  692  issuing a certificate of title in a foreclosure proceeding with
  693  respect to such condominium parcels.
  694         Section 13. Paragraph (c) of subsection (2) and subsection
  695  (4) of section 719.104, Florida Statutes, are amended, and
  696  paragraph (e) is added to subsection (2) of that section, to
  697  read:
  698         719.104 Cooperatives; access to units; records; financial
  699  reports; assessments; purchase of leases.—
  700         (2) OFFICIAL RECORDS.—
  701         (c) The official records of the association are open to
  702  inspection by any association member or the authorized
  703  representative of such member at all reasonable times. The right
  704  to inspect the records includes the right to make or obtain
  705  copies, at the reasonable expense, if any, of the association
  706  member. The association may adopt reasonable rules regarding the
  707  frequency, time, location, notice, and manner of record
  708  inspections and copying. The failure of an association to
  709  provide the records within 10 working days after receipt of a
  710  written request creates a rebuttable presumption that the
  711  association willfully failed to comply with this paragraph. A
  712  unit owner who is denied access to official records is entitled
  713  to the actual damages or minimum damages for the association’s
  714  willful failure to comply. The minimum damages are $50 per
  715  calendar day for up to 10 days, beginning on the 11th working
  716  day after receipt of the written request. The failure to permit
  717  inspection entitles any person prevailing in an enforcement
  718  action to recover reasonable attorney fees from the person in
  719  control of the records who, directly or indirectly, knowingly
  720  denied access to the records. Any person who knowingly or
  721  intentionally defaces or destroys accounting records that are
  722  required by this chapter to be maintained during the period for
  723  which such records are required to be maintained, or who
  724  knowingly or intentionally fails to create or maintain
  725  accounting records that are required to be created or
  726  maintained, with the intent of causing harm to the association
  727  or one or more of its members, is personally subject to a civil
  728  penalty pursuant to s. 719.501(1)(d). The association shall
  729  maintain an adequate number of copies of the declaration,
  730  articles of incorporation, bylaws, and rules, and all amendments
  731  to each of the foregoing, as well as the question and answer
  732  sheet as described in s. 719.504 and year-end financial
  733  information required by the department, on the cooperative
  734  property to ensure their availability to unit owners and
  735  prospective purchasers, and may charge its actual costs for
  736  preparing and furnishing these documents to those requesting the
  737  same. An association shall allow a member or his or her
  738  authorized representative to use a portable device, including a
  739  smartphone, tablet, portable scanner, or any other technology
  740  capable of scanning or taking photographs, to make an electronic
  741  copy of the official records in lieu of the association
  742  providing the member or his or her authorized representative
  743  with a copy of such records. The association may not charge a
  744  member or his or her authorized representative for the use of a
  745  portable device. Notwithstanding this paragraph, the following
  746  records shall not be accessible to unit owners:
  747         1. Any record protected by the lawyer-client privilege as
  748  described in s. 90.502 and any record protected by the work
  749  product privilege, including any record prepared by an
  750  association attorney or prepared at the attorney’s express
  751  direction which reflects a mental impression, conclusion,
  752  litigation strategy, or legal theory of the attorney or the
  753  association, and which was prepared exclusively for civil or
  754  criminal litigation or for adversarial administrative
  755  proceedings, or which was prepared in anticipation of such
  756  litigation or proceedings until the conclusion of the litigation
  757  or proceedings.
  758         2. Information obtained by an association in connection
  759  with the approval of the lease, sale, or other transfer of a
  760  unit.
  761         3. Personnel records of association or management company
  762  employees, including, but not limited to, disciplinary, payroll,
  763  health, and insurance records. For purposes of this
  764  subparagraph, the term “personnel records” does not include
  765  written employment agreements with an association employee or
  766  management company, or budgetary or financial records that
  767  indicate the compensation paid to an association employee.
  768         4. Medical records of unit owners.
  769         5. Social security numbers, driver license numbers, credit
  770  card numbers, e-mail addresses, telephone numbers, facsimile
  771  numbers, emergency contact information, addresses of a unit
  772  owner other than as provided to fulfill the association’s notice
  773  requirements, and other personal identifying information of any
  774  person, excluding the person’s name, unit designation, mailing
  775  address, property address, and any address, e-mail address, or
  776  facsimile number provided to the association to fulfill the
  777  association’s notice requirements. Notwithstanding the
  778  restrictions in this subparagraph, an association may print and
  779  distribute to parcel owners a directory containing the name,
  780  parcel address, and all telephone numbers number of each parcel
  781  owner. However, an owner may exclude his or her telephone
  782  numbers number from the directory by so requesting in writing to
  783  the association. An owner may consent in writing to the
  784  disclosure of other contact information described in this
  785  subparagraph. The association is not liable for the inadvertent
  786  disclosure of information that is protected under this
  787  subparagraph if the information is included in an official
  788  record of the association and is voluntarily provided by an
  789  owner and not requested by the association.
  790         6. Electronic security measures that are used by the
  791  association to safeguard data, including passwords.
  792         7. The software and operating system used by the
  793  association which allow the manipulation of data, even if the
  794  owner owns a copy of the same software used by the association.
  795  The data is part of the official records of the association.
  796         (e) An outgoing board or committee member must relinquish
  797  all official records and property of the association in his or
  798  her possession or under his or her control to the incoming board
  799  within 5 days after the election. The division shall impose a
  800  civil penalty as set forth in s. 719.501(1)(d) against an
  801  outgoing board or committee member who willfully and knowingly
  802  fails to relinquish such records and property.
  803         (4) FINANCIAL REPORT.—
  804         (a) Within 90 60 days following the end of the fiscal or
  805  calendar year or annually on such date as is otherwise provided
  806  in the bylaws of the association, the board of administration of
  807  the association shall prepare and complete, or contract with a
  808  third party to prepare and complete, a financial report covering
  809  the preceding fiscal or calendar year. Within 21 days after the
  810  financial report is completed by the association or received
  811  from the third party, but no later than 120 days after the end
  812  of the fiscal year, calendar year, or other date provided in the
  813  bylaws, the association shall provide each member with a copy of
  814  the annual financial report or a written notice that a copy of
  815  the financial report is available upon request at no charge to
  816  the member. The division shall adopt rules setting forth uniform
  817  accounting principles, standards, and reporting requirements
  818  mail or furnish by personal delivery to each unit owner a
  819  complete financial report of actual receipts and expenditures
  820  for the previous 12 months, or a complete set of financial
  821  statements for the preceding fiscal year prepared in accordance
  822  with generally accepted accounting procedures. The report shall
  823  show the amounts of receipts by accounts and receipt
  824  classifications and shall show the amounts of expenses by
  825  accounts and expense classifications including, if applicable,
  826  but not limited to, the following:
  827         1. Costs for security;
  828         2. Professional and management fees and expenses;
  829         3. Taxes;
  830         4. Costs for recreation facilities;
  831         5. Expenses for refuse collection and utility services;
  832         6. Expenses for lawn care;
  833         7. Costs for building maintenance and repair;
  834         8. Insurance costs;
  835         9. Administrative and salary expenses; and
  836         10. Reserves for capital expenditures, deferred
  837  maintenance, and any other category for which the association
  838  maintains a reserve account or accounts.
  839         (b) Except as provided in paragraph (c), an association
  840  whose total annual revenues meet the criteria of this paragraph
  841  shall prepare or cause to be prepared a complete set of
  842  financial statements according to the generally accepted
  843  accounting principles adopted by the Board of Accountancy. The
  844  financial statements shall be as follows:
  845         1. An association with total annual revenues between
  846  $150,000 and $299,999 shall prepare a compiled financial
  847  statement.
  848         2. An association with total annual revenues between
  849  $300,000 and $499,999 shall prepare a reviewed financial
  850  statement.
  851         3. An association with total annual revenues of $500,000 or
  852  more shall prepare an audited financial statement The division
  853  shall adopt rules that may require that the association deliver
  854  to the unit owners, in lieu of the financial report required by
  855  this section, a complete set of financial statements for the
  856  preceding fiscal year. The financial statements shall be
  857  delivered within 90 days following the end of the previous
  858  fiscal year or annually on such other date as provided in the
  859  bylaws. The rules of the division may require that the financial
  860  statements be compiled, reviewed, or audited, and the rules
  861  shall take into consideration the criteria set forth in s.
  862  719.501(1)(j).
  863         4. The requirement to have the financial statements
  864  compiled, reviewed, or audited does not apply to an association
  865  associations if a majority of the voting interests of the
  866  association present at a duly called meeting of the association
  867  have voted determined for a fiscal year to waive this
  868  requirement for the fiscal year. In an association in which
  869  turnover of control by the developer has not occurred, the
  870  developer may vote to waive the audit requirement for the first
  871  2 years of the operation of the association, after which time
  872  waiver of an applicable audit requirement shall be by a majority
  873  of voting interests other than the developer. The meeting shall
  874  be held prior to the end of the fiscal year, and the waiver
  875  shall be effective for only one fiscal year. An association may
  876  not waive the financial reporting requirements of this section
  877  for more than 3 consecutive years This subsection does not apply
  878  to a cooperative that consists of 50 or fewer units.
  879         (c)1. An association with total annual revenues of less
  880  than $150,000 shall prepare a report of cash receipts and
  881  expenditures.
  882         2. An association in a community of fewer than 50 units,
  883  regardless of the association’s annual revenues, shall prepare a
  884  report of cash receipts and expenditures in lieu of the
  885  financial statements required by paragraph (b), unless the
  886  declaration or other recorded governing documents provide
  887  otherwise.
  888         3. A report of cash receipts and expenditures must disclose
  889  the amount of receipts by accounts and receipt classifications
  890  and the amount of expenses by accounts and expense
  891  classifications, including the following, as applicable: costs
  892  for security, professional, and management fees and expenses;
  893  taxes; costs for recreation facilities; expenses for refuse
  894  collection and utility services; expenses for lawn care; costs
  895  for building maintenance and repair; insurance costs;
  896  administration and salary expenses; and reserves, if maintained
  897  by the association.
  898         (d) If at least 20 percent of the unit owners petition the
  899  board for a greater level of financial reporting than that
  900  required by this section, the association shall duly notice and
  901  hold a membership meeting within 30 days after receipt of the
  902  petition to vote on raising the level of reporting for that
  903  fiscal year. Upon approval by a majority of the voting interests
  904  represented at a meeting at which a quorum of unit owners is
  905  present, the association shall prepare an amended budget or
  906  shall adopt a special assessment to pay for the financial report
  907  regardless of any provision to the contrary in the declaration
  908  or other recorded governing documents. In addition, the
  909  association shall provide within 90 days after the meeting or
  910  the end of the fiscal year, whichever occurs later:
  911         1. Compiled, reviewed, or audited financial statements, if
  912  the association is otherwise required to prepare a report of
  913  cash receipts and expenditures;
  914         2. Reviewed or audited financial statements, if the
  915  association is otherwise required to prepare compiled financial
  916  statements; or
  917         3. Audited financial statements, if the association is
  918  otherwise required to prepare reviewed financial statements.
  919         (e) If approved by a majority of the voting interests
  920  present at a properly called meeting of the association, an
  921  association may prepare or cause to be prepared:
  922         1. A report of cash receipts and expenditures in lieu of a
  923  compiled, reviewed, or audited financial statement;
  924         2. A report of cash receipts and expenditures or a compiled
  925  financial statement in lieu of a reviewed or audited financial
  926  statement; or
  927         3. A report of cash receipts and expenditures, a compiled
  928  financial statement, or a reviewed financial statement in lieu
  929  of an audited financial statement.
  930         Section 14. Paragraph (a) of subsection (1) of section
  931  719.106, Florida Statutes, is amended to read:
  932         719.106 Bylaws; cooperative ownership.—
  933         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  934  documents shall provide for the following, and if they do not,
  935  they shall be deemed to include the following:
  936         (a) Administration.—
  937         1. The form of administration of the association shall be
  938  described, indicating the titles of the officers and board of
  939  administration and specifying the powers, duties, manner of
  940  selection and removal, and compensation, if any, of officers and
  941  board members. In the absence of such a provision, the board of
  942  administration shall be composed of five members, except in the
  943  case of cooperatives having five or fewer units, in which case
  944  in not-for-profit corporations, the board shall consist of not
  945  fewer than three members. In the absence of provisions to the
  946  contrary, the board of administration shall have a president, a
  947  secretary, and a treasurer, who shall perform the duties of
  948  those offices customarily performed by officers of corporations.
  949  Unless prohibited in the bylaws, the board of administration may
  950  appoint other officers and grant them those duties it deems
  951  appropriate. Unless otherwise provided in the bylaws, the
  952  officers shall serve without compensation and at the pleasure of
  953  the board. Unless otherwise provided in the bylaws, the members
  954  of the board shall serve without compensation.
  955         2. A person who has been suspended or removed by the
  956  division under this chapter, or who is delinquent in the payment
  957  of any monetary obligation due to the association, is not
  958  eligible to be a candidate for board membership and may not be
  959  listed on the ballot. A director or officer charged by
  960  information or indictment with a felony theft or embezzlement
  961  offense involving the association’s funds or property is
  962  suspended from office. The board shall fill the vacancy
  963  according to general law until the end of the period of the
  964  suspension or the end of the director’s term of office,
  965  whichever occurs first. However, if the charges are resolved
  966  without a finding of guilt or without acceptance of a plea of
  967  guilty or nolo contendere, the director or officer shall be
  968  reinstated for any remainder of his or her term of office. A
  969  member who has such criminal charges pending may not be
  970  appointed or elected to a position as a director or officer. A
  971  person who has been convicted of any felony in this state or in
  972  any United States District Court, or who has been convicted of
  973  any offense in another jurisdiction which would be considered a
  974  felony if committed in this state, is not eligible for board
  975  membership unless such felon’s civil rights have been restored
  976  for at least 5 years as of the date such person seeks election
  977  to the board. The validity of an action by the board is not
  978  affected if it is later determined that a board member is
  979  ineligible for board membership due to having been convicted of
  980  a felony.
  981         3.2. When a unit owner files a written inquiry by certified
  982  mail with the board of administration, the board shall respond
  983  in writing to the unit owner within 30 days of receipt of the
  984  inquiry. The board’s response shall either give a substantive
  985  response to the inquirer, notify the inquirer that a legal
  986  opinion has been requested, or notify the inquirer that advice
  987  has been requested from the division. If the board requests
  988  advice from the division, the board shall, within 10 days of its
  989  receipt of the advice, provide in writing a substantive response
  990  to the inquirer. If a legal opinion is requested, the board
  991  shall, within 60 days after the receipt of the inquiry, provide
  992  in writing a substantive response to the inquirer. The failure
  993  to provide a substantive response to the inquirer as provided
  994  herein precludes the board from recovering attorney’s fees and
  995  costs in any subsequent litigation, administrative proceeding,
  996  or arbitration arising out of the inquiry. The association may,
  997  through its board of administration, adopt reasonable rules and
  998  regulations regarding the frequency and manner of responding to
  999  the unit owners’ inquiries, one of which may be that the
 1000  association is obligated to respond to only one written inquiry
 1001  per unit in any given 30-day period. In such case, any
 1002  additional inquiry or inquiries must be responded to in the
 1003  subsequent 30-day period, or periods, as applicable.
 1004         Section 15. Section 719.128, Florida Statutes, is created
 1005  to read:
 1006         719.128 Association emergency powers.—
 1007         (1) To the extent allowed by law, unless specifically
 1008  prohibited by the cooperative documents, and consistent with s.
 1009  617.0830, the board of administration, in response to damage
 1010  caused by an event for which a state of emergency is declared
 1011  pursuant to s. 252.36 in the area encompassed by the
 1012  cooperative, may exercise the following powers:
 1013         (a) Conduct board or membership meetings after notice of
 1014  the meetings and board decisions is provided in as practicable a
 1015  manner as possible, including via publication, radio, United
 1016  States mail, the Internet, public service announcements,
 1017  conspicuous posting on the cooperative property, or any other
 1018  means the board deems appropriate under the circumstances.
 1019         (b) Cancel and reschedule an association meeting.
 1020         (c) Designate assistant officers who are not directors. If
 1021  the executive officer is incapacitated or unavailable, the
 1022  assistant officer has the same authority during the state of
 1023  emergency as the executive officer he or she assists.
 1024         (d) Relocate the association’s principal office or
 1025  designate an alternative principal office.
 1026         (e) Enter into agreements with counties and municipalities
 1027  to assist counties and municipalities with debris removal.
 1028         (f) Implement a disaster plan before or immediately
 1029  following the event for which a state of emergency is declared,
 1030  which may include turning on or shutting off elevators;
 1031  electricity; water, sewer, or security systems; or air
 1032  conditioners for association buildings.
 1033         (g) Based upon the advice of emergency management officials
 1034  or upon the advice of licensed professionals retained by the
 1035  board of administration, determine any portion of the
 1036  cooperative property unavailable for entry or occupancy by unit
 1037  owners or their family members, tenants, guests, agents, or
 1038  invitees to protect their health, safety, or welfare.
 1039         (h) Based upon the advice of emergency management officials
 1040  or upon the advice of licensed professionals retained by the
 1041  board of administration, determine whether the cooperative
 1042  property can be safely inhabited or occupied. However, such
 1043  determination is not conclusive as to any determination of
 1044  habitability pursuant to the declaration.
 1045         (i) Require the evacuation of the cooperative property in
 1046  the event of a mandatory evacuation order in the area where the
 1047  cooperative is located. If a unit owner or other occupant of a
 1048  cooperative fails to evacuate the cooperative property for which
 1049  the board has required evacuation, the association is immune
 1050  from liability for injury to persons or property arising from
 1051  such failure.
 1052         (j) Mitigate further damage, including taking action to
 1053  contract for the removal of debris and to prevent or mitigate
 1054  the spread of fungus, including mold or mildew, by removing and
 1055  disposing of wet drywall, insulation, carpet, cabinetry, or
 1056  other fixtures on or within the cooperative property, regardless
 1057  of whether the unit owner is obligated by the declaration or law
 1058  to insure or replace those fixtures and to remove personal
 1059  property from a unit.
 1060         (k) Contract, on behalf of a unit owner, for items or
 1061  services for which the owner is otherwise individually
 1062  responsible, but which are necessary to prevent further damage
 1063  to the cooperative property. In such event, the unit owner on
 1064  whose behalf the board has contracted is responsible for
 1065  reimbursing the association for the actual costs of the items or
 1066  services, and the association may use its lien authority
 1067  provided by s. 719.108 to enforce collection of the charges.
 1068  Such items or services may include the drying of the unit, the
 1069  boarding of broken windows or doors, and the replacement of a
 1070  damaged air conditioner or air handler to provide climate
 1071  control in the unit or other portions of the property.
 1072         (l) Notwithstanding a provision to the contrary, and
 1073  regardless of whether such authority does not specifically
 1074  appear in the cooperative documents, levy special assessments
 1075  without a vote of the owners.
 1076         (m) Without unit owners’ approval, borrow money and pledge
 1077  association assets as collateral to fund emergency repairs and
 1078  carry out the duties of the association if operating funds are
 1079  insufficient. This paragraph does not limit the general
 1080  authority of the association to borrow money, subject to such
 1081  restrictions contained in the cooperative documents.
 1082         (2) The authority granted under subsection (1) is limited
 1083  to that time reasonably necessary to protect the health, safety,
 1084  and welfare of the association and the unit owners and their
 1085  family members, tenants, guests, agents, or invitees, and to
 1086  mitigate further damage and make emergency repairs.
 1087         Section 16. Paragraph (c) of subsection (5) of section
 1088  720.303, Florida Statutes, is amended to read:
 1089         720.303 Association powers and duties; meetings of board;
 1090  official records; budgets; financial reporting; association
 1091  funds; recalls.—
 1092         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1093  shall be maintained within the state for at least 7 years and
 1094  shall be made available to a parcel owner for inspection or
 1095  photocopying within 45 miles of the community or within the
 1096  county in which the association is located within 10 business
 1097  days after receipt by the board or its designee of a written
 1098  request. This subsection may be complied with by having a copy
 1099  of the official records available for inspection or copying in
 1100  the community or, at the option of the association, by making
 1101  the records available to a parcel owner electronically via the
 1102  Internet or by allowing the records to be viewed in electronic
 1103  format on a computer screen and printed upon request. If the
 1104  association has a photocopy machine available where the records
 1105  are maintained, it must provide parcel owners with copies on
 1106  request during the inspection if the entire request is limited
 1107  to no more than 25 pages. An association shall allow a member or
 1108  his or her authorized representative to use a portable device,
 1109  including a smartphone, tablet, portable scanner, or any other
 1110  technology capable of scanning or taking photographs, to make an
 1111  electronic copy of the official records in lieu of the
 1112  association’s providing the member or his or her authorized
 1113  representative with a copy of such records. The association may
 1114  not charge a fee to a member or his or her authorized
 1115  representative for the use of a portable device.
 1116         (c) The association may adopt reasonable written rules
 1117  governing the frequency, time, location, notice, records to be
 1118  inspected, and manner of inspections, but may not require a
 1119  parcel owner to demonstrate any proper purpose for the
 1120  inspection, state any reason for the inspection, or limit a
 1121  parcel owner’s right to inspect records to less than one 8-hour
 1122  business day per month. The association may impose fees to cover
 1123  the costs of providing copies of the official records, including
 1124  the costs of copying and the costs required for personnel to
 1125  retrieve and copy the records if the time spent retrieving and
 1126  copying the records exceeds one-half hour and if the personnel
 1127  costs do not exceed $20 per hour. Personnel costs may not be
 1128  charged for records requests that result in the copying of 25 or
 1129  fewer pages. The association may charge up to 25 cents per page
 1130  for copies made on the association’s photocopier. If the
 1131  association does not have a photocopy machine available where
 1132  the records are kept, or if the records requested to be copied
 1133  exceed 25 pages in length, the association may have copies made
 1134  by an outside duplicating service and may charge the actual cost
 1135  of copying, as supported by the vendor invoice. The association
 1136  shall maintain an adequate number of copies of the recorded
 1137  governing documents, to ensure their availability to members and
 1138  prospective members. Notwithstanding this paragraph, the
 1139  following records are not accessible to members or parcel
 1140  owners:
 1141         1. Any record protected by the lawyer-client privilege as
 1142  described in s. 90.502 and any record protected by the work
 1143  product privilege, including, but not limited to, a record
 1144  prepared by an association attorney or prepared at the
 1145  attorney’s express direction which reflects a mental impression,
 1146  conclusion, litigation strategy, or legal theory of the attorney
 1147  or the association and which was prepared exclusively for civil
 1148  or criminal litigation or for adversarial administrative
 1149  proceedings or which was prepared in anticipation of such
 1150  litigation or proceedings until the conclusion of the litigation
 1151  or proceedings.
 1152         2. Information obtained by an association in connection
 1153  with the approval of the lease, sale, or other transfer of a
 1154  parcel.
 1155         3. Personnel records of association or management company
 1156  employees, including, but not limited to, disciplinary, payroll,
 1157  health, and insurance records. For purposes of this
 1158  subparagraph, the term “personnel records” does not include
 1159  written employment agreements with an association or management
 1160  company employee or budgetary or financial records that indicate
 1161  the compensation paid to an association or management company
 1162  employee.
 1163         4. Medical records of parcel owners or community residents.
 1164         5. Social security numbers, driver license numbers, credit
 1165  card numbers, electronic mailing addresses, telephone numbers,
 1166  facsimile numbers, emergency contact information, any addresses
 1167  for a parcel owner other than as provided for association notice
 1168  requirements, and other personal identifying information of any
 1169  person, excluding the person’s name, parcel designation, mailing
 1170  address, and property address. Notwithstanding the restrictions
 1171  in this subparagraph, an association may print and distribute to
 1172  parcel owners a directory containing the name, parcel address,
 1173  and all telephone numbers number of each parcel owner. However,
 1174  an owner may exclude his or her telephone numbers number from
 1175  the directory by so requesting in writing to the association. An
 1176  owner may consent in writing to the disclosure of other contact
 1177  information described in this subparagraph. The association is
 1178  not liable for the disclosure of information that is protected
 1179  under this subparagraph if the information is included in an
 1180  official record of the association and is voluntarily provided
 1181  by an owner and not requested by the association.
 1182         6. Any electronic security measure that is used by the
 1183  association to safeguard data, including passwords.
 1184         7. The software and operating system used by the
 1185  association which allows the manipulation of data, even if the
 1186  owner owns a copy of the same software used by the association.
 1187  The data is part of the official records of the association.
 1188         Section 17. Paragraph (b) of subsection (1) of section
 1189  720.306, Florida Statutes, is amended to read:
 1190         720.306 Meetings of members; voting and election
 1191  procedures; amendments.—
 1192         (1) QUORUM; AMENDMENTS.—
 1193         (b) Unless otherwise provided in the governing documents or
 1194  required by law, and other than those matters set forth in
 1195  paragraph (c), any governing document of an association may be
 1196  amended by the affirmative vote of two-thirds of the voting
 1197  interests of the association. Within 30 days after recording an
 1198  amendment to the governing documents, the association shall
 1199  provide copies of the amendment to the members. However, if a
 1200  copy of the proposed amendment is provided to the members before
 1201  they vote on the amendment and the proposed amendment is not
 1202  changed before the vote, the association, in lieu of providing a
 1203  copy of the amendment, may provide notice to the members that
 1204  the amendment was adopted, identifying the official book and
 1205  page number or instrument number of the recorded amendment and
 1206  that a copy of the amendment is available at no charge to the
 1207  member upon written request to the association. The copies and
 1208  notice described in this paragraph may be provided
 1209  electronically to those owners who previously consented to
 1210  receive notice electronically.
 1211         Section 18. Section 720.316, Florida Statutes, is created
 1212  to read:
 1213         720.316 Association emergency powers.—
 1214         (1) To the extent allowed by law, unless specifically
 1215  prohibited by the declaration or other recorded governing
 1216  documents, and consistent with s. 617.0830, the board of
 1217  directors, in response to damage caused by an event for which a
 1218  state of emergency is declared pursuant to s. 252.36 in the area
 1219  encompassed by the association, may exercise the following
 1220  powers:
 1221         (a) Conduct board or membership meetings after notice of
 1222  the meetings and board decisions is provided in as practicable a
 1223  manner as possible, including via publication, radio, United
 1224  States mail, the Internet, public service announcements,
 1225  conspicuous posting on the association property, or any other
 1226  means the board deems appropriate under the circumstances.
 1227         (b) Cancel and reschedule an association meeting.
 1228         (c) Designate assistant officers who are not directors. If
 1229  the executive officer is incapacitated or unavailable, the
 1230  assistant officer has the same authority during the state of
 1231  emergency as the executive officer he or she assists.
 1232         (d) Relocate the association’s principal office or
 1233  designate an alternative principal office.
 1234         (e) Enter into agreements with counties and municipalities
 1235  to assist counties and municipalities with debris removal.
 1236         (f) Implement a disaster plan before or immediately
 1237  following the event for which a state of emergency is declared,
 1238  which may include, but is not limited to, turning on or shutting
 1239  off elevators; electricity; water, sewer, or security systems;
 1240  or air conditioners for association buildings.
 1241         (g) Based upon the advice of emergency management officials
 1242  or upon the advice of licensed professionals retained by the
 1243  board, determine any portion of the association property
 1244  unavailable for entry or occupancy by owners or their family
 1245  members, tenants, guests, agents, or invitees to protect their
 1246  health, safety, or welfare.
 1247         (h) Based upon the advice of emergency management officials
 1248  or upon the advice of licensed professionals retained by the
 1249  board, determine whether the association property can be safely
 1250  inhabited or occupied. However, such determination is not
 1251  conclusive as to any determination of habitability pursuant to
 1252  the declaration.
 1253         (i) Mitigate further damage, including taking action to
 1254  contract for the removal of debris and to prevent or mitigate
 1255  the spread of fungus, including mold or mildew, by removing and
 1256  disposing of wet drywall, insulation, carpet, cabinetry, or
 1257  other fixtures on or within the association property.
 1258         (j) Notwithstanding a provision to the contrary, and
 1259  regardless of whether such authority does not specifically
 1260  appear in the declaration or other recorded governing documents,
 1261  levy special assessments without a vote of the owners.
 1262         (k) Without owners’ approval, borrow money and pledge
 1263  association assets as collateral to fund emergency repairs and
 1264  carry out the duties of the association if operating funds are
 1265  insufficient. This paragraph does not limit the general
 1266  authority of the association to borrow money, subject to such
 1267  restrictions contained in the declaration or other recorded
 1268  governing documents.
 1269         (2) The authority granted under subsection (1) is limited
 1270  to that time reasonably necessary to protect the health, safety,
 1271  and welfare of the association and the parcel owners and their
 1272  family members, tenants, guests, agents, or invitees, and to
 1273  mitigate further damage and make emergency repairs.
 1274         Section 19. This act shall take effect July 1, 2014.