Florida Senate - 2016                                    SB 1716
       
       
        
       By Senator Hutson
       
       6-01175B-16                                           20161716__
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         468.431, F.S.; revising the definition of the term
    4         “community association management” to include the term
    5         “community association management services”; amending
    6         s. 718.103, F.S.; defining a term; amending s.
    7         718.111, F.S.; revising the documents that constitute
    8         the official records of an association; requiring the
    9         removal of specified information from an association’s
   10         records when certain consent is revoked; requiring
   11         certain official records to be maintained for a
   12         specified period; requiring certain associations to
   13         provide digital copies of specified documents on their
   14         websites; providing ownership, operation, and
   15         accessibility requirements for an association’s
   16         website; requiring certain documents and notices to be
   17         posted on the website; prohibiting certain information
   18         and records from being posted on the association’s
   19         website; clarifying that physical copies of certain
   20         official records must be open to a member or an
   21         authorized representative; specifying that certain
   22         records and property must be relinquished by an
   23         outgoing board or committee member under certain
   24         circumstances; amending s. 718.3026, F.S.; revising
   25         applicability of certain provisions relating to
   26         association contracts; providing requirements relating
   27         to director and officer conflicts of interest;
   28         amending s. 720.303, F.S.; revising the documents that
   29         constitute the official records of an association;
   30         requiring certain documents to be maintained for a
   31         specific period of time; requiring certain
   32         associations to provide digital copies of specified
   33         documents on their websites; providing ownership,
   34         operation, and accessibility requirements for an
   35         association’s website; requiring that certain
   36         documents and notices be posted on the website;
   37         prohibiting certain information and records from being
   38         posted on the association’s website; revising the date
   39         the community association manager or management firm
   40         is required to report to the division; requiring an
   41         annual report; revising the information that must be
   42         included in the annual report; requiring changes in
   43         certain information to be updated on the registration
   44         system; deleting an obsolete date; deleting an
   45         expiration date; amending s. 720.3033, F.S.; providing
   46         requirements relating to director and officer
   47         conflicts of interest; providing requirements for
   48         board membership; amending s. 720.305, F.S.;
   49         prohibiting an association from enforcing certain laws
   50         and related penalties; amending s. 720.306, F.S.;
   51         revising procedures for amending existing provisions
   52         of a declaration; specifying efficacy of any recorded
   53         government document; providing that certain binding
   54         agreements may not prohibit a homeowner from renting
   55         his or her home, may not alter certain rental terms,
   56         or limit the number of occupants unless the current
   57         homeowner consents; requiring certain associations to
   58         post meeting notices on their websites; providing
   59         voting requirements for the election of directors for
   60         certain associations; requiring an outgoing board or
   61         committee member to relinquish specified records and
   62         property within a specified time; amending s. 720.307,
   63         F.S.; requiring a developer to deliver administrator
   64         rights or controls of the association’s website or
   65         other digital asset to the board of directors within a
   66         specified time; amending s. 720.308, F.S.; providing
   67         options for an association that is owed past due
   68         assessments by a member; providing that an association
   69         may not proceed against a member for past due
   70         assessments under certain circumstances; requiring an
   71         association to provide payment plans before
   72         transferring certain collection rights or a lien to a
   73         third party or before filing a complaint; specifying
   74         requirements for the payment plan; authorizing certain
   75         service charges for the payment plan; providing
   76         certain notice requirements before collection rights
   77         are transferred to a third party; amending s.
   78         720.3085, F.S.; providing certain notice requirements
   79         before collection rights are transferred to a third
   80         party; amending s. 720.311, F.S.; conforming a cross
   81         reference; providing an effective date.
   82          
   83  Be It Enacted by the Legislature of the State of Florida:
   84  
   85         Section 1. Subsection (2) of section 468.431, Florida
   86  Statutes, is amended to read:
   87         468.431 Definitions.—As used in this part:
   88         (2) “Community association management” or “community
   89  association management services” means any of the following
   90  practices requiring substantial specialized knowledge, judgment,
   91  and managerial skill when done for remuneration and when the
   92  association or associations served contain more than 10 units or
   93  have an annual budget or budgets in excess of $100,000:
   94  controlling or disbursing funds of a community association,
   95  preparing budgets or other financial documents for a community
   96  association, assisting in the noticing or conduct of community
   97  association meetings, determining the number of days required
   98  for statutory notices, determining amounts due to the
   99  association, collecting amounts due to the association before
  100  the filing of a civil action, calculating the votes required for
  101  a quorum or to approve a proposition or amendment, completing
  102  forms related to the management of a community association that
  103  have been created by statute or by a state agency, drafting
  104  meeting notices and agendas, calculating and preparing
  105  certificates of assessment and estoppel certificates, responding
  106  to requests for certificates of assessment and estoppel
  107  certificates, negotiating monetary or performance terms of a
  108  contract subject to approval by an association, drafting
  109  prearbitration demands, coordinating or performing maintenance
  110  for real or personal property and other related routine services
  111  involved in the operation of a community association, and
  112  complying with the association’s governing documents and the
  113  requirements of law as necessary to perform such practices. A
  114  person who performs clerical or ministerial functions under the
  115  direct supervision and control of a licensed manager or who is
  116  charged only with performing the maintenance of a community
  117  association and who does not assist in any of the management
  118  services described in this subsection is not required to be
  119  licensed under this part.
  120         Section 2. Present subsections (11) through (30) of section
  121  718.103, Florida Statutes, are redesignated as subsections (12)
  122  through (31), respectively, and a new subsection (11) is added
  123  to that section, to read:
  124         718.103 Definitions.—As used in this chapter, the term:
  125         (11)“Community association management” or “community
  126  association management services” has the same meaning as
  127  provided in s. 468.431.
  128         Section 3. Subsection (12) of section 718.111, Florida
  129  Statutes, is amended to read:
  130         718.111 The association.—
  131         (12) OFFICIAL RECORDS.—
  132         (a) From the inception of the association, the association
  133  shall maintain each of the following items, if applicable, which
  134  constitutes the official records of the association:
  135         1. A copy of the plans, specifications, permits, and
  136  warranties related to improvements to the common areas or other
  137  property that the association is obligated to maintain, repair,
  138  or replace, and other items provided by the developer pursuant
  139  to s. 718.301(4).
  140         2. A photocopy of the recorded declaration of condominium
  141  of each condominium operated by the association and each
  142  amendment to each declaration.
  143         3. A photocopy of the recorded bylaws of the association
  144  and each amendment to the bylaws.
  145         4. A certified copy of the articles of incorporation of the
  146  association, or other documents creating the association, and
  147  each amendment thereto.
  148         5. A copy of the current rules of the association.
  149         6. A book or books that contain the minutes of all meetings
  150  of the association, the board of administration, and the unit
  151  owners, which minutes must be retained for at least 7 years.
  152         7. A current roster of all unit owners and their mailing
  153  addresses, unit identifications, voting certifications, and, if
  154  known, telephone numbers. The association shall also maintain
  155  the e-mail electronic mailing addresses and facsimile numbers of
  156  unit owners consenting to receive notice by electronic
  157  transmission. The e-mail electronic mailing addresses and
  158  facsimile numbers are not accessible to unit owners if consent
  159  to receive notice by electronic transmission is not provided in
  160  accordance with subparagraph (d)5 (c)5. The e-mail addresses and
  161  facsimile numbers provided by unit owners to receive notice by
  162  electronic transmission must be removed from any association
  163  records if the unit owner revokes his or her consent to receive
  164  notice by electronic transmission. However, the association is
  165  not liable for an inadvertent disclosure of the e-mail
  166  electronic mail address or facsimile number for receiving
  167  electronic transmission of notices.
  168         8. All current insurance policies of the association and
  169  condominiums operated by the association.
  170         9. A current copy of any management agreement, lease, or
  171  other contract to which the association is a party or under
  172  which the association or the unit owners have an obligation or
  173  responsibility. Bids for materials, equipment, or services are
  174  official records and must be maintained by the association for a
  175  period of 1 year.
  176         10. Bills of sale or transfer for all property owned by the
  177  association.
  178         11. Financial and accounting records for the association
  179  and separate accounting records for each condominium that the
  180  association operates. All accounting records must be maintained
  181  for at least 7 years. Any person who knowingly or intentionally
  182  defaces or destroys such records, or who knowingly or
  183  intentionally fails to create or maintain such records, with the
  184  intent of causing harm to the association or one or more of its
  185  members, is personally subject to a civil penalty pursuant to s.
  186  718.501(1)(d). The financial and accounting records must
  187  include, but are not limited to:
  188         a. Accurate, itemized, and detailed records of all receipts
  189  and expenditures.
  190         b. A current account and a monthly, bimonthly, or quarterly
  191  statement of the account for each unit designating the name of
  192  the unit owner, the due date and amount of each assessment, the
  193  amount paid on the account, and the balance due.
  194         c. All tax returns, audits, reviews, accounting statements,
  195  and financial reports of the association or condominium.
  196         d. Any records that identify, measure, record, or
  197  communicate financial information All contracts for work to be
  198  performed. Bids for work to be performed are also considered
  199  official records and must be maintained by the association.
  200         12. Ballots, sign-in sheets, voting proxies, and all other
  201  papers relating to voting by unit owners, which must be
  202  maintained for 1 year from the date of the election, vote, or
  203  meeting to which the document relates, notwithstanding paragraph
  204  (b).
  205         13. All rental records if the association is acting as
  206  agent for the rental of condominium units.
  207         14. A copy of the current question and answer sheet as
  208  described in s. 718.504.
  209         15. All other written records of the association not
  210  specifically included in the foregoing which are related to the
  211  operation of the association.
  212         16. A copy of the inspection report as described in s.
  213  718.301(4)(p).
  214         (b) The official records of the association must be
  215  maintained within the state for at least 7 years. The records of
  216  the association shall be made available to a unit owner within
  217  45 miles of the condominium property or within the county in
  218  which the condominium property is located within 5 working days
  219  after receipt of a written request by the board or its designee.
  220  However, such distance requirement does not apply to an
  221  association governing a timeshare condominium. This paragraph
  222  may be complied with by having a copy of the official records of
  223  the association available for inspection or copying on the
  224  condominium property or association property, or the association
  225  may offer the option of making the records available to a unit
  226  owner electronically via the Internet or by allowing the records
  227  to be viewed in electronic format on a computer screen and
  228  printed upon request. The association is not responsible for the
  229  use or misuse of the information provided to an association
  230  member or his or her authorized representative pursuant to the
  231  compliance requirements of this chapter unless the association
  232  has an affirmative duty not to disclose such information
  233  pursuant to this chapter.
  234         (c)1.In addition to any other provision of law, an
  235  association having 7,500 or more units must provide a digital
  236  copy of specified documents on its website.
  237         a.An association’s website must be:
  238         (I)An independent website or web portal, wholly owned and
  239  operated by the association; or
  240         (II)A website or web portal operated by a third-party
  241  provider with whom the association owns, leases, rents, or
  242  otherwise obtains the right to operate a web page, subpage, web
  243  portal, or collection of subpages or web portals dedicated to
  244  the association’s activities and where required notices,
  245  records, and documents may be posted by the association.
  246         b.The association’s website must be accessible through the
  247  Internet and must contain a subpage, web portal, or other
  248  protected electronic location that is inaccessible to the
  249  general public and that is accessible only to unit owners and
  250  employees of the association.
  251         c.The association must provide each unit owner access to
  252  the protected sections of the association’s website that contain
  253  any notices, records, or documents that must be electronically
  254  provided.
  255         2.The following documents must be placed in digital format
  256  on the website:
  257         a.Copies of the official records described in paragraph
  258  (a). However, the current roster of all unit owners with their
  259  mailing addresses and parcel identifications may not be placed
  260  in digital format on the website. The website must include the
  261  following statement: “A current roster of all unit owners and
  262  their mailing addresses and parcel identifications is available
  263  at the request of any unit owner or unit owner representative.”
  264  The notice shall include the e-mail address of the person to
  265  contact for a copy of the roster.
  266         b.The annual budget required by s. 718.112(2)(f) and any
  267  proposed budget to be considered at the annual meeting.
  268         c.The financial report required by subsection (13) and any
  269  proposed financial report to be considered at a meeting.
  270         d.Any document created by the association or a board
  271  member relating to the recall of a director, pursuant to s.
  272  718.112(2)(j), or any document created for or filed by the
  273  association in an arbitration proceeding conducted by the
  274  division regarding the recall of a director.
  275         e.The certification of each director required by s.
  276  718.112(2)(d)4.b.
  277         f.A list of all contracts or transactions between the
  278  association and any director, officer, corporation, firm, or
  279  association that is not an affiliated condominium association,
  280  or other entity in which an association director is also a
  281  director or officer and financially interested.
  282         g.Any fidelity bond entered into by the association.
  283         h.Any contract or document regarding a conflict of
  284  interest or possible conflict of interest as provided in ss.
  285  468.436(2) and 718.3026(3).
  286         i.Notice of any board meeting and the agenda for the
  287  meeting, as required by s. 718.112(2)(d)3., placed online no
  288  later than 14 days before the meeting and posted in plain view
  289  on the front page, or on a separate subpage labeled “Notices”
  290  which is conspicuously visible and linked from the front page of
  291  the association’s website. The association must post on its
  292  website any documents to be considered during the meeting or
  293  listed on the agenda at least 7 days before the meeting at which
  294  the document or the information within the document will be
  295  considered, unless otherwise stated, including the following
  296  documents:
  297         (I)The proposed annual budget required by s.
  298  718.112(2)(e), which must be provided at least 14 days before
  299  the meeting.
  300         (II)The proposed financial report required by subsection
  301  (13).
  302         (III)A list of persons seeking to be elected to the board.
  303         3.The association shall ensure that the information and
  304  records described in paragraph (d) which are not permitted to be
  305  accessible to unit owners are not placed on the association’s
  306  website. If protected information, or information restricted
  307  from being accessible to unit owners, is included in documents
  308  that must be placed on the association’s website, the
  309  association shall ensure the information is redacted before
  310  placing the documents online.
  311         (d)(c)Physical copies of the official records of the
  312  association are open to inspection by any association member or
  313  the authorized representative of such member at all reasonable
  314  times. The right to inspect the records includes the right to
  315  make or obtain copies, at the reasonable expense, if any, of the
  316  member. The association may adopt reasonable rules regarding the
  317  frequency, time, location, notice, and manner of record
  318  inspections and copying. The failure of an association to
  319  provide the records within 10 working days after receipt of a
  320  written request creates a rebuttable presumption that the
  321  association willfully failed to comply with this paragraph. A
  322  unit owner who is denied access to official records is entitled
  323  to the actual damages or minimum damages for the association’s
  324  willful failure to comply. Minimum damages are $50 per calendar
  325  day for up to 10 days, beginning on the 11th working day after
  326  receipt of the written request. The failure to permit inspection
  327  entitles any person prevailing in an enforcement action to
  328  recover reasonable attorney fees from the person in control of
  329  the records who, directly or indirectly, knowingly denied access
  330  to the records. Any person who knowingly or intentionally
  331  defaces or destroys accounting records that are required by this
  332  chapter to be maintained during the period for which such
  333  records are required to be maintained, or who knowingly or
  334  intentionally fails to create or maintain accounting records
  335  that are required to be created or maintained, with the intent
  336  of causing harm to the association or one or more of its
  337  members, is personally subject to a civil penalty pursuant to s.
  338  718.501(1)(d). The association shall maintain an adequate number
  339  of copies of the declaration, articles of incorporation, bylaws,
  340  and rules, and all amendments to each of the foregoing, as well
  341  as the question and answer sheet as described in s. 718.504 and
  342  year-end financial information required under this section, on
  343  the condominium property to ensure their availability to unit
  344  owners and prospective purchasers, and may charge its actual
  345  costs for preparing and furnishing these documents to those
  346  requesting the documents. An association shall allow a member or
  347  his or her authorized representative to use a portable device,
  348  including a smartphone, tablet, portable scanner, or any other
  349  technology capable of scanning or taking photographs, to make an
  350  electronic copy of the official records in lieu of the
  351  association’s providing the member or his or her authorized
  352  representative with a copy of such records. The association may
  353  not charge a member or his or her authorized representative for
  354  the use of a portable device. Notwithstanding this paragraph,
  355  the following records are not accessible to unit owners:
  356         1. Any record protected by the lawyer-client privilege as
  357  described in s. 90.502 and any record protected by the work
  358  product privilege, including a record prepared by an association
  359  attorney or prepared at the attorney’s express direction, which
  360  reflects a mental impression, conclusion, litigation strategy,
  361  or legal theory of the attorney or the association, and which
  362  was prepared exclusively for civil or criminal litigation or for
  363  adversarial administrative proceedings, or which was prepared in
  364  anticipation of such litigation or proceedings until the
  365  conclusion of the litigation or proceedings.
  366         2. Information obtained by an association in connection
  367  with the approval of the lease, sale, or other transfer of a
  368  unit.
  369         3. Personnel records of association or management company
  370  employees, including, but not limited to, disciplinary, payroll,
  371  health, and insurance records. For purposes of this
  372  subparagraph, the term “personnel records” does not include
  373  written employment agreements with an association employee or
  374  management company, or budgetary or financial records that
  375  indicate the compensation paid to an association employee.
  376         4. Medical records of unit owners.
  377         5. Social security numbers, driver license numbers, credit
  378  card numbers, e-mail addresses, telephone numbers, facsimile
  379  numbers, emergency contact information, addresses of a unit
  380  owner other than as provided to fulfill the association’s notice
  381  requirements, and other personal identifying information of any
  382  person, excluding the person’s name, unit designation, mailing
  383  address, property address, and any address, e-mail address, or
  384  facsimile number provided to the association to fulfill the
  385  association’s notice requirements. Notwithstanding the
  386  restrictions in this subparagraph, an association may print and
  387  distribute to parcel owners a directory containing the name,
  388  parcel address, and all telephone numbers of each parcel owner.
  389  However, an owner may exclude his or her telephone numbers from
  390  the directory by so requesting in writing to the association. An
  391  owner may consent in writing to the disclosure of other contact
  392  information described in this subparagraph. The association is
  393  not liable for the inadvertent disclosure of information that is
  394  protected under this subparagraph if the information is included
  395  in an official record of the association and is voluntarily
  396  provided by an owner and not requested by the association.
  397         6. Electronic security measures that are used by the
  398  association to safeguard data, including passwords.
  399         7. The software and operating system used by the
  400  association which allow the manipulation of data, even if the
  401  owner owns a copy of the same software used by the association.
  402  The data is part of the official records of the association.
  403         (e)(d) The association shall prepare a question and answer
  404  sheet as described in s. 718.504, and shall update it annually.
  405         (f)(e)1. The association or its authorized agent is not
  406  required to provide a prospective purchaser or lienholder with
  407  information about the condominium or the association other than
  408  information or documents required by this chapter to be made
  409  available or disclosed. The association or its authorized agent
  410  may charge a reasonable fee to the prospective purchaser,
  411  lienholder, or the current unit owner for providing good faith
  412  responses to requests for information by or on behalf of a
  413  prospective purchaser or lienholder, other than that required by
  414  law, if the fee does not exceed $150 plus the reasonable cost of
  415  photocopying and any attorney attorney’s fees incurred by the
  416  association in connection with the response.
  417         2. An association and its authorized agent are not liable
  418  for providing such information in good faith pursuant to a
  419  written request if the person providing the information includes
  420  a written statement in substantially the following form: “The
  421  responses herein are made in good faith and to the best of my
  422  ability as to their accuracy.”
  423         (g)(f) An outgoing board or committee member must
  424  relinquish all official records and property of the association
  425  in his or her possession or under his or her control, including
  426  administrative rights or controls of an association’s website or
  427  other digital or electronic asset of the association, to the
  428  incoming board within 5 days after the election. The division
  429  shall impose a civil penalty as set forth in s. 718.501(1)(d)6.
  430  against an outgoing board or committee member who willfully and
  431  knowingly fails to relinquish such records and property.
  432         Section 4. Present subsection (3) of section 718.3026,
  433  Florida Statutes, is redesignated as subsection (4), subsection
  434  (2) is amended, and a new subsection (3) is added to that
  435  section, to read:
  436         718.3026 Contracts for products and services; in writing;
  437  bids; exceptions.—Associations with 10 or fewer units may opt
  438  out of the provisions of this section if two-thirds of the unit
  439  owners vote to do so, which opt-out may be accomplished by a
  440  proxy specifically setting forth the exception from this
  441  section.
  442         (2)(a)Notwithstanding the foregoing, contracts with
  443  employees of the association, and contracts for attorney,
  444  accountant, architect, community association manager, timeshare
  445  management firm, engineering, and landscape architect services
  446  are not subject to the provisions of this section.
  447         (a)(b) Nothing contained herein is intended to limit the
  448  ability of an association to obtain needed products and services
  449  in an emergency.
  450         (b)(c) This section does shall not apply if the business
  451  entity with which the association desires to enter into a
  452  contract is the only source of supply within the county serving
  453  the association.
  454         (c)(d) Nothing contained herein shall excuse a party
  455  contracting to provide maintenance or management services from
  456  compliance with s. 718.3025.
  457         (3)(a)Directors and officers of the board must disclose to
  458  the board any activity that may reasonably be construed as a
  459  conflict of interest. A rebuttable presumption of a conflict of
  460  interest exists if any of the following occurs without prior
  461  notice, as required in paragraph (b), or board approval taken at
  462  a properly noticed meeting of the unit owners:
  463         1.The director or officer, or a relative residing in the
  464  same household as the director or officer, has entered into a
  465  contract for goods or services with the association.
  466         2.The director or officer, or a relative residing in the
  467  same household as the director or officer, holds an interest of
  468  35 percent or more in any corporation, limited liability
  469  corporation, partnership, limited liability partnership, or
  470  other business entity that conducts business with the
  471  association or proposes to enter into a contract or other
  472  transaction with the association.
  473         (b)If a director or officer intends to engage in an
  474  activity that may reasonably be construed as a conflict of
  475  interest, as described in paragraph (a), the director or officer
  476  must place the issue on a meeting agenda, including any proposed
  477  contract or transactional documents, and submit the issue to the
  478  board to be considered and voted on. If the board votes against
  479  the action, the director or officer shall notify the board in
  480  writing of his or her intention not to pursue the action or to
  481  withdraw from the position as director or officer. If the board
  482  finds that an officer or director has violated this subsection,
  483  the board shall immediately remove the officer or director from
  484  office. The vacancy shall be filled according to general law
  485  until expiration of the director’s term of office.
  486         (c)A director or officer who is party to, or has an
  487  interest in, the transaction or arrangement involving the
  488  possible conflict of interest may attend the meeting at which
  489  the transaction or arrangement is considered by the board. The
  490  director or officer who is party to, or has an interest in, the
  491  transaction or arrangement shall be allowed to make a
  492  presentation to the board or committee regarding the transaction
  493  or arrangement. After the presentation, the director or officer
  494  must leave the meeting during the discussion of, and the vote
  495  on, the transaction or arrangement involving the possible
  496  conflict of interest. Any director or officer who is party to or
  497  has an interest in such transaction or arrangement shall recuse
  498  himself or herself from the vote.
  499         (d)1.The board must provide notice to unit owners of any
  500  possible conflict of interest described in paragraph (a). Any
  501  proposed contracts or transactional documents related to the
  502  conflict must be attached to the meeting agenda and made
  503  available with the agenda. The notice and related proposed
  504  contracts or transactional documents must be provided to unit
  505  owners at least 7 days before the meeting at which the possible
  506  conflict of interest will be considered or voted on by the
  507  board.
  508         2.A board with 7,500 or more units must place the notice
  509  required in subparagraph 1. on the front page of the
  510  association’s website. Any related proposed contracts or
  511  transactional documents must be attached to the agenda provided
  512  on the association’s website. The notice and related proposed
  513  contracts or transactional documents related to the conflict
  514  must be posted on the association’s website at least 7 days
  515  before the meeting at which the possible conflict of interest
  516  will be considered or voted on by the board.
  517         Section 5. Present subsections (6) through (13) of section
  518  720.303, Florida Statutes, are redesignated as subsections (7)
  519  through (14), respectively, subsection (4) and present
  520  subsection (13) of that section are amended, and a new
  521  subsection (6) is added to that section, to read:
  522         720.303 Association powers and duties; meetings of board;
  523  official records; budgets; financial reporting; association
  524  funds; recalls.—
  525         (4) OFFICIAL RECORDS.—The association shall maintain each
  526  of the following items, when applicable, which constitute the
  527  official records of the association:
  528         (a) Copies of any plans, specifications, permits, and
  529  warranties related to improvements constructed on the common
  530  areas or other property that the association is obligated to
  531  maintain, repair, or replace, and other items provided by the
  532  developer pursuant to s. 720.307(4).
  533         (b) A copy of the bylaws of the association and of each
  534  amendment to the bylaws.
  535         (c) A certified copy of the articles of incorporation of
  536  the association and of each amendment thereto.
  537         (d) A copy of the declaration of covenants and a copy of
  538  each amendment thereto.
  539         (e) A copy of the current rules of the homeowners’
  540  association.
  541         (f) The minutes of all meetings of the board of directors
  542  and of the members, which minutes must be retained for at least
  543  7 years.
  544         (g) A current roster of all members and their mailing
  545  addresses and parcel identifications. The association shall also
  546  maintain the electronic mailing addresses and the numbers
  547  designated by members for receiving notice sent by electronic
  548  transmission of those members consenting to receive notice by
  549  electronic transmission. The electronic mailing addresses and
  550  numbers provided by members unit owners to receive notice by
  551  electronic transmission shall be removed from association
  552  records when consent to receive notice by electronic
  553  transmission is revoked. However, the association is not liable
  554  for an erroneous disclosure of the electronic mail address or
  555  the number for receiving electronic transmission of notices.
  556         (h) All of the association’s insurance policies or a copy
  557  thereof, which policies must be retained for at least 7 years.
  558         (i) A current copy of all contracts to which the
  559  association is a party, including, without limitation, any
  560  management agreement, lease, or other contract under which the
  561  association has any obligation or responsibility. Bids received
  562  by the association for materials, equipment, or services work to
  563  be performed must also be considered official records and must
  564  be maintained kept for a period of 1 year.
  565         (j) The financial and accounting records of the
  566  association, kept according to good accounting practices. All
  567  financial and accounting records must be maintained for a period
  568  of at least 7 years. The financial and accounting records must
  569  include:
  570         1. Accurate, itemized, and detailed records of all receipts
  571  and expenditures.
  572         2. A current account and a periodic statement of the
  573  account for each member, designating the name and current
  574  address of each member who is obligated to pay assessments, the
  575  due date and amount of each assessment or other charge against
  576  the member, the date and amount of each payment on the account,
  577  and the balance due.
  578         3. All tax returns, audits, reviews, financial statements,
  579  and financial reports of the association.
  580         4. Any other records that identify, measure, record, or
  581  communicate financial information.
  582         (k) A copy of the disclosure summary described in s.
  583  720.401(1).
  584         (l)Ballots, sign-in sheets, voting proxies, and all other
  585  papers relating to voting by members, which must be maintained
  586  for 1 year after the date of the election, vote, or meeting to
  587  which the document relates.
  588         (m)(l) All other written records of the association not
  589  specifically included in the foregoing which are related to the
  590  operation of the association.
  591         (6)ACCESS TO ASSOCIATION DOCUMENTS AND RECORDS ON AN
  592  ASSOCIATION WEBSITE.—
  593         (a)In addition to any other provision of general law, an
  594  association having 7,500 or more parcels must provide a digital
  595  copy of specified documents on its website. An association with
  596  fewer than 7,500 parcels located within the physical boundaries
  597  of an affiliated association that has more than 7,500 or more
  598  parcels must provide digital copies of specified documents on
  599  the larger affiliated association’s website. An association with
  600  fewer than 7,500 parcels located within the physical boundaries
  601  of an association with more than 7,500 or more parcels, but that
  602  is not affiliated with the larger association, may provide
  603  digital copies of certain documents on its website if the
  604  association chooses to do so.
  605         1.An association’s website must be:
  606         a.An independent website or web portal, wholly owned and
  607  operated by the association; or
  608         b.A website or web portal that is operated by a third
  609  party provider with whom the association owns, leases, rents, or
  610  otherwise obtains the right to operate a web page, subpage, web
  611  portal, or collection of subpages or web portals dedicated to
  612  the association’s activities and where required notices,
  613  records, and documents may be posted by the association.
  614         2.The association’s website must be accessible through the
  615  Internet, and must contain a subpage, web portal, or other
  616  protected electronic location that is accessible only to the
  617  unit owners and employees of the association.
  618         3.The association must provide each member access to the
  619  protected sections of the association’s website that contain any
  620  notices, records, or documents that must be electronically
  621  provided.
  622         (b)The following documents must be placed in digital
  623  format on the website:
  624         1.Copies of the official records listed in subsection (4).
  625  The current roster of all members with their mailing addresses
  626  and parcel identifications may not be placed in digital format
  627  on the website. The website must include the following
  628  statement: “A current roster of all members and their mailing
  629  addresses and parcel identifications is available at the request
  630  of any association member, including the e-mail addresses of
  631  those members who have consented to receive notice by electronic
  632  transmission.” The notice shall include the e-mail address of
  633  the person to contact for a copy of the roster.
  634         2.The annual budget required by subsection (7) and any
  635  proposed budget to be considered at the annual meeting.
  636         3.The financial report required by subsection (8) and any
  637  proposed financial report to be considered at a meeting.
  638         4.Any document created by the association or a board
  639  member relating to the recall of a director, pursuant to
  640  subsection (11), or any document created for or filed by the
  641  association in an arbitration proceeding conducted by the
  642  division regarding the recall of a director.
  643         5.Documentation reporting the compensation of directors,
  644  officers, or members authorized under subsection (13).
  645         6.A copy of the information submitted to the division to
  646  comply with the reporting requirement in subsection (14).
  647         7.The certification of each director required by s.
  648  720.3033(1).
  649         8.A list of all contracts or transactions between the
  650  association and any director, officer, corporation, firm, or
  651  association that is not an affiliated homeowners’ association,
  652  or other entity in which an association director is also a
  653  director or officer and has a financial interest.
  654         9.Any fidelity bond entered into by the association.
  655         10.A map of the association, including association
  656  boundaries.
  657         11.Any contract or document regarding a conflict of
  658  interest or possible conflict of interest as provided in ss.
  659  468.436(2) and 720.3033.
  660         12.Notice of any board meeting and the agenda for the
  661  meeting, as required by subsection (2), placed online no later
  662  than 14 days before the meeting and posted in plain view on the
  663  front page, or on a separate subpage labeled “Notices” which is
  664  conspicuously visible and linked from the front page of the
  665  association’s website. The association must post on its website
  666  any documents to be considered during the meeting or listed on
  667  the agenda no later than 7 days before the meeting at which the
  668  document or the information within the document will be
  669  considered, including the following documents:
  670         a.The proposed annual budget required by subsection (7).
  671         b.The proposed financial report required by subsection
  672  (8).
  673         c.A list of persons seeking to be elected to the board.
  674         d.A copy of contracts or transactions listed in
  675  subparagraph 8.
  676         e.Any competitive bids for materials, equipment, or
  677  services.
  678         f.Any proposed contracts or transactional documents
  679  related to any possible conflict of interest set forth in ss.
  680  468.436(2) and 720.3033.
  681         (c)The association shall ensure that the information and
  682  records described in subparagraph (5)(c) which are not permitted
  683  to be accessible to members or parcel owners are not placed on
  684  the association’s website. If protected information, or
  685  information restricted from being accessible to members or
  686  parcel owners, is included in documents that must be placed on
  687  the association’s website, the association shall ensure the
  688  information is redacted before placing the documents online.
  689         (14)(13) REPORTING REQUIREMENT.—The community association
  690  manager or management firm, or the association when there is no
  691  community association manager or management firm, shall report
  692  to the division annually by October 1 by November 22, 2013, in a
  693  manner and form prescribed by the division.
  694         (a) The report shall include the association’s:
  695         1. Legal name.
  696         2. Federal employer identification number.
  697         3. Mailing and physical addresses.
  698         4. Total number of parcels.
  699         5. Total amount of revenues and expenses from the
  700  association’s annual budget.
  701         6.Community association management firm or community
  702  association manager, if the association has contracted for such
  703  services.
  704         (b) For associations in which control of the association
  705  has not been transitioned to nondeveloper members, as set forth
  706  in s. 720.307, the report shall also include the developer’s:
  707         1. Legal name.
  708         2. Mailing address.
  709         3. Total number of parcels owned on the date of reporting.
  710         (c) The reporting requirement provided in this subsection
  711  shall be a continuing obligation on each association until the
  712  required information is reported to the division. Any change in
  713  the reported information must be updated on the registration
  714  system provided for in paragraph (d).
  715         (d) By October 1, 2013, The department shall use establish
  716  and implement a registration system through a an Internet
  717  website that provides for the reporting requirements of
  718  paragraphs (a) and (b).
  719         (e) The department shall prepare an annual report of the
  720  data reported pursuant to this subsection and present it to the
  721  Governor, the President of the Senate, and the Speaker of the
  722  House of Representatives by December 1, 2013, and each year
  723  thereafter.
  724         (f) The division shall adopt rules pursuant to ss.
  725  120.536(1) and 120.54 to implement the provisions of this
  726  subsection.
  727         (g)This subsection shall expire on July 1, 2016, unless
  728  reenacted by the Legislature.
  729         Section 6. Present subsections (2) through (5) of section
  730  720.3033, Florida Statutes, are redesignated as subsections (3)
  731  through (6), respectively, and new subsections (2) and (7) are
  732  added to that section, to read:
  733         720.3033 Officers and directors.—
  734         (2)(a)Directors and officers of the board must disclose to
  735  the board any activity that may reasonably be construed as a
  736  conflict of interest. A rebuttable presumption of a conflict of
  737  interest exists if any of the following occurs without prior
  738  notice, as required in paragraph (b), or board approval taken at
  739  a properly noticed meeting of the members:
  740         1.The director or officer, or a relative residing in the
  741  same household as the director or officer, enters into a
  742  contract for goods or services with the association.
  743         2.The director or officer, or a relative residing in the
  744  same household as the director or officer, holds an interest of
  745  more than 35 percent in any corporation, limited liability
  746  corporation, partnership, limited liability partnership, or
  747  other business entity that conducts business with the
  748  association or proposes to enter into a contract or other
  749  transaction with the association.
  750         3.A corporation, limited liability corporation,
  751  partnership, limited liability partnership, or other business
  752  entity that, directly or indirectly, controls the director or
  753  officer, or otherwise influences any decisions made by the
  754  director or officer, intends to conduct business with the
  755  association or proposes to enter into a contract or other
  756  transaction with the association.
  757         (b)If a director or officer intends to engage in an
  758  activity that may reasonably be construed as a conflict of
  759  interest, as described in paragraph (a), the director or officer
  760  must place the issue on a meeting agenda, including any proposed
  761  contract or transactional documents, and submit the issue to the
  762  board to be considered and voted on. If the board votes against
  763  the action, the director or officer shall notify the board in
  764  writing of his or her intention not to pursue the action or
  765  withdraw from the position as director or officer. If the board
  766  finds that an officer or director has violated this subsection,
  767  the board shall immediately remove the officer or director from
  768  office. The vacancy shall be filled according to general law
  769  until expiration of the director’s term of office.
  770         (c)A director or officer who is party to or has an
  771  interest in the transaction or arrangement involving the
  772  possible conflict of interest may attend the meeting at which
  773  the transaction or arrangement is considered by the board. The
  774  director or officer who is party to or has an interest in the
  775  transaction or arrangement shall be allowed to make a
  776  presentation to the board or committee regarding the transaction
  777  or arrangement. After the presentation, the director or officer
  778  must leave the meeting during the discussion of, and the vote
  779  on, the transaction or arrangement involving the possible
  780  conflict of interest. Any director or officer who is party to or
  781  has an interest in such transaction or arrangement shall recuse
  782  himself or herself from the vote.
  783         (d)1.The board must provide notice to members of any
  784  possible conflict of interest described in paragraph (a). Any
  785  related proposed contracts or transactional documents related to
  786  the conflict must be attached to the meeting agenda and made
  787  available with the agenda. The notice and related proposed
  788  contracts or transactional documents must be provided to members
  789  at least 7 days before the meeting at which the possible
  790  conflict of interest will be considered or voted on by the
  791  board.
  792         2.A board with 7,500 or more parcels must place the notice
  793  required in subparagraph 1. on the front page of the
  794  association’s website. Any related proposed contracts or
  795  transactional documents related to the conflict must be attached
  796  to the agenda provided on the association’s website. The notice
  797  and related proposed contracts or transactional documents must
  798  be posted on the association’s website at least 7 days before
  799  the meeting at which the possible conflict of interest will be
  800  considered or voted on by the board.
  801         (7)If an association consists of 7,500 or more parcels,
  802  the board of administration must consist of at least five
  803  members appointed by the board who are not officers, directors,
  804  or employees of the association or the spouse, parent, child,
  805  brother, or sister of an officer, director, or employee of the
  806  association.
  807         Section 7. Paragraphs (c) and (d) are added to subsection
  808  (2) of section 720.305, Florida Statutes, to read:
  809         720.305 Obligations of members; remedies at law or in
  810  equity; levy of fines and suspension of use rights.—
  811         (2) The association may levy reasonable fines. A fine may
  812  not exceed $100 per violation against any member or any member’s
  813  tenant, guest, or invitee for the failure of the owner of the
  814  parcel or its occupant, licensee, or invitee to comply with any
  815  provision of the declaration, the association bylaws, or
  816  reasonable rules of the association unless otherwise provided in
  817  the governing documents. A fine may be levied by the board for
  818  each day of a continuing violation, with a single notice and
  819  opportunity for hearing, except that the fine may not exceed
  820  $1,000 in the aggregate unless otherwise provided in the
  821  governing documents. A fine of less than $1,000 may not become a
  822  lien against a parcel. In any action to recover a fine, the
  823  prevailing party is entitled to reasonable attorney fees and
  824  costs from the nonprevailing party as determined by the court.
  825         (c)An association may not enforce traffic laws provided in
  826  chapter 316. An association may not place requirements in the
  827  governing documents regarding compliance with traffic laws in
  828  chapter 316. An association may not levy fines or assessments
  829  for violations of traffic laws enforced under s. 316.640. An
  830  association may not suspend the right of a member, or a member’s
  831  tenant, guest, or invitee, to use common areas and facilities
  832  for failure to comply with traffic laws.
  833         (d)An association may not enforce criminal laws provided
  834  in chapters 775-896 or relevant federal law. An association may
  835  not place requirements in the governing documents regarding
  836  compliance with criminal laws in chapters 775-896 or relevant
  837  federal law. An association may not levy fines or assessments
  838  for violations of criminal laws provided in chapters 775-896 or
  839  relevant federal law. An association may not suspend the right
  840  of a member, or a member’s tenant, guest, or invitee, to use
  841  common areas and facilities for failure to comply with such
  842  criminal laws.
  843         Section 8. Present paragraph (d) of subsection (1) of
  844  section 720.306, Florida Statutes, is redesignated as paragraph
  845  (h), a new paragraph (d) and paragraphs (e), (f), and (g) are
  846  added to that subsection, and subsections (5) and (9) of that
  847  section are amended, to read:
  848         720.306 Meetings of members; voting and election
  849  procedures; amendments.—
  850         (1) QUORUM; AMENDMENTS.—
  851         (d)A proposal to amend an existing provision of the
  852  declaration must contain the full text of the provision to be
  853  amended and may not be revised or amended by reference only to
  854  the declaration title or number. Words to be added must be
  855  inserted in the text and underlined, and words to be deleted
  856  must be stricken with hyphens. However, if the proposed change
  857  is so extensive that this procedure would hinder, rather than
  858  assist, the understanding of the proposed amendment, it is not
  859  necessary to use underlined and stricken text as indicators of
  860  words added or deleted, respectively. Instead, a notation must
  861  be inserted immediately preceding the proposed amendment in
  862  substantially the following language: “Substantial rewording of
  863  declaration. See provision for present text.” An amendment to a
  864  declaration is effective when properly recorded in the public
  865  records of the county where the declaration is recorded.
  866         (e)Nonmaterial errors or omissions in the amendment
  867  process do not invalidate an otherwise properly adopted
  868  amendment.
  869         (f)An amendment to any recorded governing document is
  870  effective when properly recorded in the public records of the
  871  county where the governing document is recorded.
  872         (g)A deed restriction, covenant, declaration, or similar
  873  binding agreement may not prohibit a homeowner from renting his
  874  or her home, alter the duration of the rental term, specify or
  875  limit the number of times a homeowner is entitled to rent his or
  876  her home during a specified period, or limit the number of
  877  occupants unless the current homeowner consents.
  878         (5) NOTICE OF MEETINGS.—The bylaws shall provide for giving
  879  notice to members of all member meetings, and if they do not do
  880  so shall be deemed to provide the following: The association
  881  shall give all parcel owners and members actual notice of all
  882  membership meetings, which shall be mailed, delivered, or
  883  electronically transmitted to the members not less than 14 days
  884  before prior to the meeting. Evidence of compliance with this
  885  14-day notice shall be made by an affidavit executed by the
  886  person providing the notice and filed upon execution among the
  887  official records of the association. In addition to mailing,
  888  delivering, or electronically transmitting the notice of any
  889  meeting, the association may, by reasonable rule, adopt a
  890  procedure for conspicuously posting and repeatedly broadcasting
  891  the notice and the agenda on a closed-circuit cable television
  892  system serving the association. When broadcast notice is
  893  provided, the notice and agenda must be broadcast in a manner
  894  and for a sufficient continuous length of time so as to allow an
  895  average reader to observe the notice and read and comprehend the
  896  entire content of the notice and the agenda. Pursuant to s.
  897  720.303, an association having 7,500 parcels or more must place
  898  a copy of all notices of meetings on its website at least 14
  899  days before the hearing.
  900         (9) ELECTIONS AND BOARD VACANCIES.—
  901         (a) Elections of directors must be conducted in accordance
  902  with the procedures set forth in the governing documents of the
  903  association. An association with 7,500 parcels or more must
  904  allow association members to vote in the election of directors
  905  at a designated location from 7 a.m. to 7 p.m. on the day of the
  906  election.
  907         (b) Except as provided in paragraph (c) (b), all members of
  908  the association are eligible to serve on the board of directors,
  909  and a member may nominate himself or herself as a candidate for
  910  the board at a meeting where the election is to be held;
  911  provided, however, that if the election process allows
  912  candidates to be nominated in advance of the meeting, the
  913  association is not required to allow nominations at the meeting.
  914  An election is not required unless more candidates are nominated
  915  than vacancies exist. Except as otherwise provided in the
  916  governing documents, boards of directors must be elected by a
  917  plurality of the votes cast by eligible voters. Any challenge to
  918  the election process must be commenced within 60 days after the
  919  election results are announced.
  920         (c)(b) A person who is delinquent in the payment of any
  921  fee, fine, or other monetary obligation to the association on
  922  the day that he or she could last nominate himself or herself or
  923  be nominated for the board may not seek election to the board,
  924  and his or her name shall not be listed on the ballot. A person
  925  serving as a board member who becomes more than 90 days
  926  delinquent in the payment of any fee, fine, or other monetary
  927  obligation to the association shall be deemed to have abandoned
  928  his or her seat on the board, creating a vacancy on the board to
  929  be filled according to law. For purposes of this paragraph, the
  930  term “any fee, fine, or other monetary obligation” means any
  931  delinquency to the association with respect to any parcel. A
  932  person who has been convicted of any felony in this state or in
  933  a United States District or Territorial Court, or has been
  934  convicted of any offense in another jurisdiction which would be
  935  considered a felony if committed in this state, may not seek
  936  election to the board and is not eligible for board membership
  937  unless such felon’s civil rights have been restored for at least
  938  5 years as of the date on which such person seeks election to
  939  the board. The validity of any action by the board is not
  940  affected if it is later determined that a person was ineligible
  941  to seek election to the board or that a member of the board is
  942  ineligible for board membership.
  943         (d)(c) Any election dispute between a member and an
  944  association must be submitted to mandatory binding arbitration
  945  with the division. Such proceedings must be conducted in the
  946  manner provided by s. 718.1255 and the procedural rules adopted
  947  by the division. Unless otherwise provided in the bylaws, any
  948  vacancy occurring on the board before the expiration of a term
  949  may be filled by an affirmative vote of the majority of the
  950  remaining directors, even if the remaining directors constitute
  951  less than a quorum, or by the sole remaining director. In the
  952  alternative, a board may hold an election to fill the vacancy,
  953  in which case the election procedures must conform to the
  954  requirements of the governing documents. Unless otherwise
  955  provided in the bylaws, a board member appointed or elected
  956  under this section is appointed for the unexpired term of the
  957  seat being filled. Filling vacancies created by recall is
  958  governed by s. 720.303(11) s. 720.303(10) and rules adopted by
  959  the division.
  960         (e)An outgoing board member must relinquish all official
  961  records and property of the association in his or her possession
  962  or under his or her control, including administrative rights or
  963  controls of an association’s website or other digital or
  964  electronic asset of the association, to the incoming board at
  965  least 5 days after the election.
  966         Section 9. Paragraph (u) is added to subsection (4) of
  967  section 720.307, Florida Statutes, to read:
  968         720.307 Transition of association control in a community.
  969  With respect to homeowners’ associations:
  970         (4) At the time the members are entitled to elect at least
  971  a majority of the board of directors of the homeowners’
  972  association, the developer shall, at the developer’s expense,
  973  within no more than 90 days deliver the following items
  974  documents to the board:
  975         (a) All deeds to common property owned by the association.
  976         (b) The original of the association’s declarations of
  977  covenants and restrictions.
  978         (c) A certified copy of the articles of incorporation of
  979  the association.
  980         (d) A copy of the bylaws.
  981         (e) The minute books, including all minutes.
  982         (f) The books and records of the association.
  983         (g) Policies, rules, and regulations, if any, which have
  984  been adopted.
  985         (h) Resignations of directors who are required to resign
  986  because the developer is required to relinquish control of the
  987  association.
  988         (i) The financial records of the association from the date
  989  of incorporation through the date of turnover.
  990         (j) All association funds and control thereof.
  991         (k) All tangible property of the association.
  992         (l) A copy of all contracts which may be in force with the
  993  association as one of the parties.
  994         (m) A list of the names and addresses and telephone numbers
  995  of all contractors, subcontractors, or others in the current
  996  employ of the association.
  997         (n) Any and all insurance policies in effect.
  998         (o) Any permits issued to the association by governmental
  999  entities.
 1000         (p) Any and all warranties in effect.
 1001         (q) A roster of current homeowners and their addresses and
 1002  telephone numbers and section and lot numbers.
 1003         (r) Employment and service contracts in effect.
 1004         (s) All other contracts in effect to which the association
 1005  is a party.
 1006         (t) The financial records, including financial statements
 1007  of the association, and source documents from the incorporation
 1008  of the association through the date of turnover. The records
 1009  shall be audited by an independent certified public accountant
 1010  for the period from the incorporation of the association or from
 1011  the period covered by the last audit, if an audit has been
 1012  performed for each fiscal year since incorporation. All
 1013  financial statements shall be prepared in accordance with
 1014  generally accepted accounting principles and shall be audited in
 1015  accordance with generally accepted auditing standards, as
 1016  prescribed by the Board of Accountancy, pursuant to chapter 473.
 1017  The certified public accountant performing the audit shall
 1018  examine to the extent necessary supporting documents and
 1019  records, including the cash disbursements and related paid
 1020  invoices to determine if expenditures were for association
 1021  purposes and the billings, cash receipts, and related records of
 1022  the association to determine that the developer was charged and
 1023  paid the proper amounts of assessments. This paragraph applies
 1024  to associations with a date of incorporation after December 31,
 1025  2007.
 1026         (u)Administrative rights or controls of the association’s
 1027  website or other digital or electronic asset of the association.
 1028         Section 10. Paragraphs (e), (f), and (g) are added to
 1029  subsection (1) of section 720.308, Florida Statutes, present
 1030  subsections (2) through (6) are redesignated as subsections (3)
 1031  through (7), respectively, and a new subsection (2) is added to
 1032  that section, to read:
 1033         720.308 Assessments and charges.—
 1034         (1) ASSESSMENTS.—For any community created after October 1,
 1035  1995, the governing documents must describe the manner in which
 1036  expenses are shared and specify the member’s proportional share
 1037  thereof.
 1038         (e)If an association is owed past due assessments by a
 1039  member, the association may:
 1040         1.Seek collection of the past due assessments;
 1041         2.File a claim for a lien on the property;
 1042         3.Proceed to foreclosure; or
 1043         4.Waive the assessments and not proceed in any action
 1044  against the member.
 1045         (f)If an association does not file a claim for a lien or a
 1046  complaint to obtain a judgment in foreclosure, and the past due
 1047  assessment remains outstanding 24 months after the date the
 1048  assessment becomes due, the association may not proceed against
 1049  any member of the association for past due assessments or
 1050  related fees due that are more than 24 months delinquent.
 1051         (g)1.Before an association transfers the rights to collect
 1052  past due assessments to a third party, transfer a lien to a
 1053  third party, or file a complaint to obtain a judgment in
 1054  foreclosure, the association must offer payment plans for
 1055  members to pay any past due assessments and related fees. The
 1056  payment plans must allow a member to pay past due assessments
 1057  and any related fees levied by the association within the past
 1058  24 months. In addition to payments made pursuant to the payment
 1059  plan, members are responsible for paying any current assessments
 1060  that arise during the payment plan at the time the assessments
 1061  become due. A service charge may be assessed and included in the
 1062  fees collected in the payment plan if additional fees are not
 1063  charged in addition to the original total of the past due
 1064  assessments.
 1065         2.If a member agrees to participate in the payment plan,
 1066  the time limit in paragraph (f) is tolled until the past due
 1067  assessments, related fees, and any assessments that arise during
 1068  the payment plan are paid. If the member does not comply with
 1069  the terms of the payment plan, the association is no longer
 1070  subject to the time limit in paragraph (f).
 1071         3.The payment plan must:
 1072         a.Consist of at least 12 monthly payments, if the past due
 1073  assessments and related fines total $500 or less.
 1074         b.Consist of at least 18 monthly payments, if the past due
 1075  assessments and related fines total more than $500.
 1076         c.Require the member to pay current assessments that arise
 1077  during the payment plan in full at the time the assessments
 1078  become due.
 1079         d.Divide the total past due assessments and related fees
 1080  into equal payments to be paid on a monthly basis.
 1081         e.Impose no additional terms or requirements other than
 1082  the member must comply with the existing governing documents of
 1083  the association.
 1084         (2)TRANSFER OF PAST DUE ASSESSMENTS TO THIRD PARTY.-
 1085         (a)If an association transfers the right to collect past
 1086  due assessments to a third party, the association must provide
 1087  notice to the member at least 30 days before transfer of the
 1088  debt. The notice must state that the transfer includes the right
 1089  to place a lien. The notice must be served on the member by
 1090  registered or certified mail, return receipt requested, by
 1091  personal service or electronic delivery with evidence of
 1092  delivery in the form of a receipt or other paper or electronic
 1093  acknowledgment by the member or his or her representative.
 1094         (b)If the service does not provide the association with
 1095  acknowledgment by the member or his or her representative, the
 1096  association may obtain notice to the member by posting notice on
 1097  a subpage or web portal, or other protected electronic location
 1098  through the association’s website, which is inaccessible to the
 1099  general public and may be accessed only by members or employees
 1100  of the association. If the association does not have a website,
 1101  it shall send notice by e-mail to the member, delivery receipt
 1102  requested.
 1103         Section 11. Present paragraphs (d), (e), and (f) of
 1104  subsection (1) of section 720.3085, Florida Statutes, are
 1105  redesignated as paragraphs (e), (f), and (g), respectively, and
 1106  a new paragraph (d) is added to that subsection, to read:
 1107         720.3085 Payment for assessments; lien claims.—
 1108         (1) When authorized by the governing documents, the
 1109  association has a lien on each parcel to secure the payment of
 1110  assessments and other amounts provided for by this section.
 1111  Except as otherwise set forth in this section, the lien is
 1112  effective from and shall relate back to the date on which the
 1113  original declaration of the community was recorded. However, as
 1114  to first mortgages of record, the lien is effective from and
 1115  after recording of a claim of lien in the public records of the
 1116  county in which the parcel is located. This subsection does not
 1117  bestow upon any lien, mortgage, or certified judgment of record
 1118  on July 1, 2008, including the lien for unpaid assessments
 1119  created in this section, a priority that, by law, the lien,
 1120  mortgage, or judgment did not have before July 1, 2008.
 1121         (d)1.If an association transfers a lien to a third party,
 1122  the association must provide notice to the member at least 30
 1123  days before transfer of the lien. The notice must state that the
 1124  transfer includes the right to foreclose on the property. The
 1125  notice must be served on the member by registered or certified
 1126  mail, return receipt requested, or by personal service or
 1127  electronic delivery with evidence of delivery in the form of a
 1128  receipt or other paper or electronic acknowledgment by the
 1129  member or his or her representative.
 1130         2.If the service does not provide the association with
 1131  acknowledgment by the member or his or her representative, the
 1132  association may obtain notice to the member by posting notice on
 1133  a subpage or web portal, or other protected electronic location
 1134  through the association’s website, which may be accessed only by
 1135  association members and employees. If the association does not
 1136  have a website, it shall send notice by e-mail to the member,
 1137  delivery receipt requested.
 1138         Section 12. Subsection (1) of section 720.311, Florida
 1139  Statutes, is amended to read:
 1140         720.311 Dispute resolution.—
 1141         (1) The Legislature finds that alternative dispute
 1142  resolution has made progress in reducing court dockets and
 1143  trials and in offering a more efficient, cost-effective option
 1144  to litigation. The filing of any petition for arbitration or the
 1145  serving of a demand for presuit mediation as provided for in
 1146  this section shall toll the applicable statute of limitations.
 1147  Any recall dispute filed with the department pursuant to s.
 1148  720.303(11) s. 720.303(10) shall be conducted by the department
 1149  in accordance with the provisions of ss. 718.112(2)(j) and
 1150  718.1255 and the rules adopted by the division. In addition, the
 1151  department shall conduct mandatory binding arbitration of
 1152  election disputes between a member and an association pursuant
 1153  to s. 718.1255 and rules adopted by the division. Neither
 1154  election disputes nor recall disputes are eligible for presuit
 1155  mediation; these disputes shall be arbitrated by the department.
 1156  At the conclusion of the proceeding, the department shall charge
 1157  the parties a fee in an amount adequate to cover all costs and
 1158  expenses incurred by the department in conducting the
 1159  proceeding. Initially, the petitioner shall remit a filing fee
 1160  of at least $200 to the department. The fees paid to the
 1161  department shall become a recoverable cost in the arbitration
 1162  proceeding, and the prevailing party in an arbitration
 1163  proceeding shall recover its reasonable costs and attorney
 1164  attorney’s fees in an amount found reasonable by the arbitrator.
 1165  The department shall adopt rules to effectuate the purposes of
 1166  this section.
 1167         Section 13. This act shall take effect July 1, 2016.