Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1362
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/12/2019           .                                
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       The Committee on Innovation, Industry, and Technology (Gruters)
       recommended the following:
       
    1         Senate Substitute for Amendment (390698) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Paragraph (a) of subsection (2) of section
    7  514.0115, Florida Statutes, is amended to read:
    8         514.0115 Exemptions from supervision or regulation;
    9  variances.—
   10         (2)(a) Pools serving condominium, cooperative, and
   11  homeowners’ associations, as well as other property
   12  associations, which have no more than 32 condominium or
   13  cooperative units or parcels and which are not operated as a
   14  public lodging establishments are establishment shall be exempt
   15  from supervision under this chapter, except for water quality.
   16         Section 2. Subsection (4) of section 627.714, Florida
   17  Statutes, is amended to read:
   18         627.714 Residential condominium unit owner coverage; loss
   19  assessment coverage required.—
   20         (4) Every individual unit owner’s residential property
   21  policy must contain a provision stating that the coverage
   22  afforded by such policy is excess coverage over the amount
   23  recoverable under any other policy covering the same property.
   24  An insurance policy issued to an individual unit owner may not
   25  provide rights of subrogation against the condominium
   26  association operating the condominium in which such individual’s
   27  unit is located.
   28         Section 3. Paragraphs (a), (b), (c), and (g) of subsection
   29  (12) of section 718.111, Florida Statutes, are amended to read:
   30         718.111 The association.—
   31         (12) OFFICIAL RECORDS.—
   32         (a) From the inception of the association, the association
   33  shall maintain each of the following items, if applicable, which
   34  constitutes the official records of the association:
   35         1. A copy of the plans, permits, warranties, and other
   36  items provided by the developer pursuant to s. 718.301(4).
   37         2. A photocopy of the recorded declaration of condominium
   38  of each condominium operated by the association and each
   39  amendment to each declaration.
   40         3. A photocopy of the recorded bylaws of the association
   41  and each amendment to the bylaws.
   42         4. A certified copy of the articles of incorporation of the
   43  association, or other documents creating the association, and
   44  each amendment thereto.
   45         5. A copy of the current rules of the association.
   46         6. A book or books that contain the minutes of all meetings
   47  of the association, the board of administration, and the unit
   48  owners.
   49         7. A current roster of all unit owners and their mailing
   50  addresses, unit identifications, voting certifications, and, if
   51  known, telephone numbers. The association shall also maintain
   52  the e-mail addresses and facsimile numbers of unit owners
   53  consenting to receive notice by electronic transmission. The e
   54  mail addresses and facsimile numbers are not accessible to unit
   55  owners if consent to receive notice by electronic transmission
   56  is not provided in accordance with sub-subparagraph (c)3.e.
   57  However, the association is not liable for an inadvertent
   58  disclosure of the e-mail address or facsimile number for
   59  receiving electronic transmission of notices.
   60         8. All current insurance policies of the association and
   61  condominiums operated by the association.
   62         9. A current copy of any management agreement, lease, or
   63  other contract to which the association is a party or under
   64  which the association or the unit owners have an obligation or
   65  responsibility.
   66         10. Bills of sale or transfer for all property owned by the
   67  association.
   68         11. Accounting records for the association and separate
   69  accounting records for each condominium that the association
   70  operates. Any person who knowingly or intentionally defaces or
   71  destroys such records, or who knowingly or intentionally fails
   72  to create or maintain such records, with the intent of causing
   73  harm to the association or one or more of its members, is
   74  personally subject to a civil penalty pursuant to s.
   75  718.501(1)(d). The accounting records must include, but are not
   76  limited to:
   77         a. Accurate, itemized, and detailed records of all receipts
   78  and expenditures.
   79         b. A current account and a monthly, bimonthly, or quarterly
   80  statement of the account for each unit designating the name of
   81  the unit owner, the due date and amount of each assessment, the
   82  amount paid on the account, and the balance due.
   83         c. All audits, reviews, accounting statements, and
   84  financial reports of the association or condominium.
   85         d. All contracts for work to be performed. Bids for work to
   86  be performed are also considered official records and must be
   87  maintained by the association for at least 1 year after receipt
   88  of the bid.
   89         12. Ballots, sign-in sheets, voting proxies, and all other
   90  papers and electronic records relating to voting by unit owners,
   91  which must be maintained for 1 year from the date of the
   92  election, vote, or meeting to which the document relates,
   93  notwithstanding paragraph (b).
   94         13. All rental records if the association is acting as
   95  agent for the rental of condominium units.
   96         14. A copy of the current question and answer sheet as
   97  described in s. 718.504.
   98         15. All other written records of the association not
   99  specifically included in the foregoing which are related to the
  100  operation of the association.
  101         16. A copy of the inspection report as described in s.
  102  718.301(4)(p).
  103         16.17. Bids for materials, equipment, or services.
  104         17.All other records of the association not specifically
  105  included in subparagraphs 1.-16. which are related to the
  106  operation of the association.
  107         (b) The official records specified in subparagraphs (a)1.
  108  6. must be permanently maintained from the inception of the
  109  association. Bids for work to be performed or for materials,
  110  equipment, or services must be maintained for 1 year after
  111  receipt of the bid. All other official records must be
  112  maintained within the state for at least 7 years, unless
  113  otherwise provided by general law. The records of the
  114  association shall be made available to a unit owner within 45
  115  miles of the condominium property or within the county in which
  116  the condominium property is located within 10 working days after
  117  receipt of a written request by the board or its designee.
  118  However, such distance requirement does not apply to an
  119  association governing a timeshare condominium. This paragraph
  120  may be complied with by having a copy of the official records of
  121  the association available for inspection or copying on the
  122  condominium property or association property, or the association
  123  may offer the option of making the records available to a unit
  124  owner electronically via the Internet or by allowing the records
  125  to be viewed in electronic format on a computer screen and
  126  printed upon request. The association is not responsible for the
  127  use or misuse of the information provided to an association
  128  member or his or her authorized representative in pursuant to
  129  the compliance with requirements of this chapter unless the
  130  association has an affirmative duty not to disclose such
  131  information under pursuant to this chapter.
  132         (c)1. The official records of the association are open to
  133  inspection by any association member or the authorized
  134  representative of such member at all reasonable times. The right
  135  to inspect the records includes the right to make or obtain
  136  copies, at the reasonable expense, if any, of the member or
  137  authorized representative of such member. A renter of a unit has
  138  a right to inspect and copy the association’s bylaws and rules.
  139  The association may adopt reasonable rules regarding the
  140  frequency, time, location, notice, and manner of record
  141  inspections and copying, but may not require a member to
  142  demonstrate any purpose or state any reason for the inspection.
  143  The failure of an association to provide the records within 10
  144  working days after receipt of a written request creates a
  145  rebuttable presumption that the association willfully failed to
  146  comply with this paragraph. A unit owner who is denied access to
  147  official records is entitled to the actual damages or minimum
  148  damages for the association’s willful failure to comply. Minimum
  149  damages are $50 per calendar day for up to 10 days, beginning on
  150  the 11th working day after receipt of the written request. The
  151  failure to permit inspection entitles any person prevailing in
  152  an enforcement action to recover reasonable attorney fees from
  153  the person in control of the records who, directly or
  154  indirectly, knowingly denied access to the records.
  155         2. Any person who knowingly or intentionally defaces or
  156  destroys accounting records that are required by this chapter to
  157  be maintained during the period for which such records are
  158  required to be maintained, or who knowingly or intentionally
  159  fails to create or maintain accounting records that are required
  160  to be created or maintained, with the intent of causing harm to
  161  the association or one or more of its members, is personally
  162  subject to a civil penalty pursuant to s. 718.501(1)(d).
  163         3. The association shall maintain an adequate number of
  164  copies of the declaration, articles of incorporation, bylaws,
  165  and rules, and all amendments to each of the foregoing, as well
  166  as the question and answer sheet as described in s. 718.504 and
  167  year-end financial information required under this section, on
  168  the condominium property to ensure their availability to unit
  169  owners and prospective purchasers, and may charge its actual
  170  costs for preparing and furnishing these documents to those
  171  requesting the documents. An association shall allow a member or
  172  his or her authorized representative to use a portable device,
  173  including a smartphone, tablet, portable scanner, or any other
  174  technology capable of scanning or taking photographs, to make an
  175  electronic copy of the official records in lieu of the
  176  association’s providing the member or his or her authorized
  177  representative with a copy of such records. The association may
  178  not charge a member or his or her authorized representative for
  179  the use of a portable device. Notwithstanding this paragraph,
  180  the following records are not accessible to unit owners:
  181         a. Any record protected by the lawyer-client privilege as
  182  described in s. 90.502 and any record protected by the work
  183  product privilege, including a record prepared by an association
  184  attorney or prepared at the attorney’s express direction, which
  185  reflects a mental impression, conclusion, litigation strategy,
  186  or legal theory of the attorney or the association, and which
  187  was prepared exclusively for civil or criminal litigation or for
  188  adversarial administrative proceedings, or which was prepared in
  189  anticipation of such litigation or proceedings until the
  190  conclusion of the litigation or proceedings.
  191         b. Information obtained by an association in connection
  192  with the approval of the lease, sale, or other transfer of a
  193  unit.
  194         c. Personnel records of association or management company
  195  employees, including, but not limited to, disciplinary, payroll,
  196  health, and insurance records. For purposes of this sub
  197  subparagraph, the term “personnel records” does not include
  198  written employment agreements with an association employee or
  199  management company, or budgetary or financial records that
  200  indicate the compensation paid to an association employee.
  201         d. Medical records of unit owners.
  202         e. Social security numbers, driver license numbers, credit
  203  card numbers, e-mail addresses, telephone numbers, facsimile
  204  numbers, emergency contact information, addresses of a unit
  205  owner other than as provided to fulfill the association’s notice
  206  requirements, and other personal identifying information of any
  207  person, excluding the person’s name, unit designation, mailing
  208  address, property address, and any address, e-mail address, or
  209  facsimile number provided to the association to fulfill the
  210  association’s notice requirements. Notwithstanding the
  211  restrictions in this sub-subparagraph, an association may print
  212  and distribute to unit parcel owners a directory containing the
  213  name, unit parcel address, and all telephone numbers of each
  214  unit parcel owner. However, an owner may exclude his or her
  215  telephone numbers from the directory by so requesting in writing
  216  to the association. An owner may consent in writing to the
  217  disclosure of other contact information described in this sub
  218  subparagraph. The association is not liable for the inadvertent
  219  disclosure of information that is protected under this sub
  220  subparagraph if the information is included in an official
  221  record of the association and is voluntarily provided by an
  222  owner and not requested by the association.
  223         f. Electronic security measures that are used by the
  224  association to safeguard data, including passwords.
  225         g. The software and operating system used by the
  226  association which allow the manipulation of data, even if the
  227  owner owns a copy of the same software used by the association.
  228  The data is part of the official records of the association.
  229         (g)1. By January 1, 2019, an association managing a
  230  condominium with 150 or more units which does not contain
  231  timeshare units shall post digital copies of the documents
  232  specified in subparagraph 2. on its website or make such
  233  documents available through an application that can be
  234  downloaded on a mobile device.
  235         a. The association’s website or application must be:
  236         (I) An independent website, application, or web portal
  237  wholly owned and operated by the association; or
  238         (II) A website, application, or web portal operated by a
  239  third-party provider with whom the association owns, leases,
  240  rents, or otherwise obtains the right to operate a web page,
  241  subpage, web portal, or collection of subpages or web portals,
  242  or application which is dedicated to the association’s
  243  activities and on which required notices, records, and documents
  244  may be posted or made available by the association.
  245         b. The association’s website or application must be
  246  accessible through the Internet and must contain a subpage, web
  247  portal, or other protected electronic location that is
  248  inaccessible to the general public and accessible only to unit
  249  owners and employees of the association.
  250         c. Upon a unit owner’s written request, the association
  251  must provide the unit owner with a username and password and
  252  access to the protected sections of the association’s website or
  253  application that contain any notices, records, or documents that
  254  must be electronically provided.
  255         2. A current copy of the following documents must be posted
  256  in digital format on the association’s website or made available
  257  through an application that can be downloaded on a mobile
  258  device:
  259         a. The recorded declaration of condominium of each
  260  condominium operated by the association and each amendment to
  261  each declaration.
  262         b. The recorded bylaws of the association and each
  263  amendment to the bylaws.
  264         c. The articles of incorporation of the association, or
  265  other documents creating the association, and each amendment to
  266  the articles of incorporation or other documents thereto. The
  267  copy posted pursuant to this sub-subparagraph must be a copy of
  268  the articles of incorporation filed with the Department of
  269  State.
  270         d. The rules of the association.
  271         e. A list of all executory contracts or documents to which
  272  the association is a party or under which the association or the
  273  unit owners have an obligation or responsibility and, after
  274  bidding for the related materials, equipment, or services has
  275  closed, a list of bids received by the association within the
  276  past year. Summaries of bids for materials, equipment, or
  277  services which exceed $500 must be maintained on the website or
  278  application for 1 year. In lieu of summaries, complete copies of
  279  the bids may be posted.
  280         f. The annual budget required by s. 718.112(2)(f) and any
  281  proposed budget to be considered at the annual meeting.
  282         g. The financial report required by subsection (13) and any
  283  monthly income or expense statement to be considered at a
  284  meeting.
  285         h. The certification of each director required by s.
  286  718.112(2)(d)4.b.
  287         i. All contracts or transactions between the association
  288  and any director, officer, corporation, firm, or association
  289  that is not an affiliated condominium association or any other
  290  entity in which an association director is also a director or
  291  officer and financially interested.
  292         j. Any contract or document regarding a conflict of
  293  interest or possible conflict of interest as provided in ss.
  294  468.436(2)(b)6. and 718.3027(3).
  295         k. The notice of any unit owner meeting and the agenda for
  296  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  297  days before the meeting. The notice must be posted in plain view
  298  on the front page of the website or application, or on a
  299  separate subpage of the website or application labeled “Notices”
  300  which is conspicuously visible and linked from the front page.
  301  The association must also post on its website or application any
  302  document to be considered and voted on by the owners during the
  303  meeting or any document listed on the agenda at least 7 days
  304  before the meeting at which the document or the information
  305  within the document will be considered.
  306         l. Notice of any board meeting, the agenda, and any other
  307  document required for the meeting as required by s.
  308  718.112(2)(c), which must be posted no later than the date
  309  required for notice pursuant to s. 718.112(2)(c).
  310         3. The association shall ensure that the information and
  311  records described in paragraph (c), which are not allowed to be
  312  accessible to unit owners, are not posted on the association’s
  313  website or the association’s application that can be downloaded
  314  on a mobile device. If protected information or information
  315  restricted from being accessible to unit owners is included in
  316  documents that are required to be posted on the association’s
  317  website or application, the association shall ensure the
  318  information is redacted before posting the documents online.
  319  Notwithstanding the foregoing, the association or its agent is
  320  not liable for disclosing information that is protected or
  321  restricted pursuant to this paragraph unless such disclosure was
  322  made with a knowing or intentional disregard of the protected or
  323  restricted nature of such information.
  324         4. The failure of the association to post information
  325  required under subparagraph 2. is not in and of itself
  326  sufficient to invalidate any action or decision of the
  327  association’s board or its committees.
  328         Section 4. Paragraphs (d), (i), (j), and (p) of subsection
  329  (2) of section 718.112, Florida Statutes, are amended to read:
  330         718.112 Bylaws.—
  331         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  332  following and, if they do not do so, shall be deemed to include
  333  the following:
  334         (d) Unit owner meetings.—
  335         1. An annual meeting of the unit owners must be held at the
  336  location provided in the association bylaws and, if the bylaws
  337  are silent as to the location, the meeting must be held within
  338  45 miles of the condominium property. However, such distance
  339  requirement does not apply to an association governing a
  340  timeshare condominium.
  341         2. Unless the bylaws provide otherwise, a vacancy on the
  342  board caused by the expiration of a director’s term must be
  343  filled by electing a new board member, and the election must be
  344  by secret ballot. An election is not required if the number of
  345  vacancies equals or exceeds the number of candidates. For
  346  purposes of this paragraph, the term “candidate” means an
  347  eligible person who has timely submitted the written notice, as
  348  described in sub-subparagraph 4.a., of his or her intention to
  349  become a candidate. Except in a timeshare or nonresidential
  350  condominium, or if the staggered term of a board member does not
  351  expire until a later annual meeting, or if all members’ terms
  352  would otherwise expire but there are no candidates, the terms of
  353  all board members expire at the annual meeting, and such members
  354  may stand for reelection unless prohibited by the bylaws. Board
  355  members may serve terms longer than 1 year if permitted by the
  356  bylaws or articles of incorporation. A board member may not
  357  serve more than 8 consecutive years unless approved by an
  358  affirmative vote of unit owners representing two-thirds of all
  359  votes cast in the election or unless there are not enough
  360  eligible candidates to fill the vacancies on the board at the
  361  time of the vacancy. Only board service that occurs on or after
  362  July 1, 2018, may be used when calculating a board member’s term
  363  limit. If the number of board members whose terms expire at the
  364  annual meeting equals or exceeds the number of candidates, the
  365  candidates become members of the board effective upon the
  366  adjournment of the annual meeting. Unless the bylaws provide
  367  otherwise, any remaining vacancies shall be filled by the
  368  affirmative vote of the majority of the directors making up the
  369  newly constituted board even if the directors constitute less
  370  than a quorum or there is only one director. In a residential
  371  condominium association of more than 10 units or in a
  372  residential condominium association that does not include
  373  timeshare units or timeshare interests, coowners of a unit may
  374  not serve as members of the board of directors at the same time
  375  unless they own more than one unit or unless there are not
  376  enough eligible candidates to fill the vacancies on the board at
  377  the time of the vacancy. A unit owner in a residential
  378  condominium desiring to be a candidate for board membership must
  379  comply with sub-subparagraph 4.a. and must be eligible to be a
  380  candidate to serve on the board of directors at the time of the
  381  deadline for submitting a notice of intent to run in order to
  382  have his or her name listed as a proper candidate on the ballot
  383  or to serve on the board. A person who has been suspended or
  384  removed by the division under this chapter, or who is delinquent
  385  in the payment of any monetary obligation due to the
  386  association, is not eligible to be a candidate for board
  387  membership and may not be listed on the ballot. A person who has
  388  been convicted of any felony in this state or in a United States
  389  District or Territorial Court, or who has been convicted of any
  390  offense in another jurisdiction which would be considered a
  391  felony if committed in this state, is not eligible for board
  392  membership unless such felon’s civil rights have been restored
  393  for at least 5 years as of the date such person seeks election
  394  to the board. The validity of an action by the board is not
  395  affected if it is later determined that a board member is
  396  ineligible for board membership due to having been convicted of
  397  a felony. This subparagraph does not limit the term of a member
  398  of the board of a nonresidential or timeshare condominium.
  399         3. The bylaws must provide the method of calling meetings
  400  of unit owners, including annual meetings. Written notice must
  401  include an agenda, must be mailed, hand delivered, or
  402  electronically transmitted to each unit owner at least 14 days
  403  before the annual meeting, and must be posted in a conspicuous
  404  place on the condominium property at least 14 continuous days
  405  before the annual meeting. Upon notice to the unit owners, the
  406  board shall, by duly adopted rule, designate a specific location
  407  on the condominium property where all notices of unit owner
  408  meetings must be posted. This requirement does not apply if
  409  there is no condominium property for posting notices. In lieu
  410  of, or in addition to, the physical posting of meeting notices,
  411  the association may, by reasonable rule, adopt a procedure for
  412  conspicuously posting and repeatedly broadcasting the notice and
  413  the agenda on a closed-circuit cable television system serving
  414  the condominium association. However, if broadcast notice is
  415  used in lieu of a notice posted physically on the condominium
  416  property, the notice and agenda must be broadcast at least four
  417  times every broadcast hour of each day that a posted notice is
  418  otherwise required under this section. If broadcast notice is
  419  provided, the notice and agenda must be broadcast in a manner
  420  and for a sufficient continuous length of time so as to allow an
  421  average reader to observe the notice and read and comprehend the
  422  entire content of the notice and the agenda. In addition to any
  423  of the authorized means of providing notice of a meeting of the
  424  board, the association may, by rule, adopt a procedure for
  425  conspicuously posting the meeting notice and the agenda on a
  426  website serving the condominium association for at least the
  427  minimum period of time for which a notice of a meeting is also
  428  required to be physically posted on the condominium property.
  429  Any rule adopted shall, in addition to other matters, include a
  430  requirement that the association send an electronic notice in
  431  the same manner as a notice for a meeting of the members, which
  432  must include a hyperlink to the website where the notice is
  433  posted, to unit owners whose e-mail addresses are included in
  434  the association’s official records. Unless a unit owner waives
  435  in writing the right to receive notice of the annual meeting,
  436  such notice must be hand delivered, mailed, or electronically
  437  transmitted to each unit owner. Notice for meetings and notice
  438  for all other purposes must be mailed to each unit owner at the
  439  address last furnished to the association by the unit owner, or
  440  hand delivered to each unit owner. However, if a unit is owned
  441  by more than one person, the association must provide notice to
  442  the address that the developer identifies for that purpose and
  443  thereafter as one or more of the owners of the unit advise the
  444  association in writing, or if no address is given or the owners
  445  of the unit do not agree, to the address provided on the deed of
  446  record. An officer of the association, or the manager or other
  447  person providing notice of the association meeting, must provide
  448  an affidavit or United States Postal Service certificate of
  449  mailing, to be included in the official records of the
  450  association affirming that the notice was mailed or hand
  451  delivered in accordance with this provision.
  452         4. The members of the board of a residential condominium
  453  shall be elected by written ballot or voting machine. Proxies
  454  may not be used in electing the board in general elections or
  455  elections to fill vacancies caused by recall, resignation, or
  456  otherwise, unless otherwise provided in this chapter. This
  457  subparagraph does not apply to an association governing a
  458  timeshare condominium.
  459         a. At least 60 days before a scheduled election, the
  460  association shall mail, deliver, or electronically transmit, by
  461  separate association mailing or included in another association
  462  mailing, delivery, or transmission, including regularly
  463  published newsletters, to each unit owner entitled to a vote, a
  464  first notice of the date of the election. A unit owner or other
  465  eligible person desiring to be a candidate for the board must
  466  give written notice of his or her intent to be a candidate to
  467  the association at least 40 days before a scheduled election.
  468  Together with the written notice and agenda as set forth in
  469  subparagraph 3., the association shall mail, deliver, or
  470  electronically transmit a second notice of the election to all
  471  unit owners entitled to vote, together with a ballot that lists
  472  all candidates not less than 14 days or more than 34 days before
  473  the date of the election. Upon request of a candidate, an
  474  information sheet, no larger than 8 1/2 inches by 11 inches,
  475  which must be furnished by the candidate at least 35 days before
  476  the election, must be included with the mailing, delivery, or
  477  transmission of the ballot, with the costs of mailing, delivery,
  478  or electronic transmission and copying to be borne by the
  479  association. The association is not liable for the contents of
  480  the information sheets prepared by the candidates. In order to
  481  reduce costs, the association may print or duplicate the
  482  information sheets on both sides of the paper. The division
  483  shall by rule establish voting procedures consistent with this
  484  sub-subparagraph, including rules establishing procedures for
  485  giving notice by electronic transmission and rules providing for
  486  the secrecy of ballots. Elections shall be decided by a
  487  plurality of ballots cast. There is no quorum requirement;
  488  however, at least 20 percent of the eligible voters must cast a
  489  ballot in order to have a valid election. A unit owner may not
  490  authorize any other person to vote his or her ballot, and any
  491  ballots improperly cast are invalid. A unit owner who violates
  492  this provision may be fined by the association in accordance
  493  with s. 718.303. A unit owner who needs assistance in casting
  494  the ballot for the reasons stated in s. 101.051 may obtain such
  495  assistance. The regular election must occur on the date of the
  496  annual meeting. Notwithstanding this sub-subparagraph, an
  497  election is not required unless more candidates file notices of
  498  intent to run or are nominated than board vacancies exist.
  499         b. Within 90 days after being elected or appointed to the
  500  board of an association of a residential condominium, each newly
  501  elected or appointed director shall certify in writing to the
  502  secretary of the association that he or she has read the
  503  association’s declaration of condominium, articles of
  504  incorporation, bylaws, and current written policies; that he or
  505  she will work to uphold such documents and policies to the best
  506  of his or her ability; and that he or she will faithfully
  507  discharge his or her fiduciary responsibility to the
  508  association’s members. In lieu of this written certification,
  509  within 90 days after being elected or appointed to the board,
  510  the newly elected or appointed director may submit a certificate
  511  of having satisfactorily completed the educational curriculum
  512  administered by a division-approved condominium education
  513  provider within 1 year before or 90 days after the date of
  514  election or appointment. The written certification or
  515  educational certificate is valid and does not have to be
  516  resubmitted as long as the director serves on the board without
  517  interruption. A director of an association of a residential
  518  condominium who fails to timely file the written certification
  519  or educational certificate is suspended from service on the
  520  board until he or she complies with this sub-subparagraph. The
  521  board may temporarily fill the vacancy during the period of
  522  suspension. The secretary shall cause the association to retain
  523  a director’s written certification or educational certificate
  524  for inspection by the members for 5 years after a director’s
  525  election or the duration of the director’s uninterrupted tenure,
  526  whichever is longer. Failure to have such written certification
  527  or educational certificate on file does not affect the validity
  528  of any board action.
  529         c. Any challenge to the election process must be commenced
  530  within 60 days after the election results are announced.
  531         5. Any approval by unit owners called for by this chapter
  532  or the applicable declaration or bylaws, including, but not
  533  limited to, the approval requirement in s. 718.111(8), must be
  534  made at a duly noticed meeting of unit owners and is subject to
  535  all requirements of this chapter or the applicable condominium
  536  documents relating to unit owner decisionmaking, except that
  537  unit owners may take action by written agreement, without
  538  meetings, on matters for which action by written agreement
  539  without meetings is expressly allowed by the applicable bylaws
  540  or declaration or any law that provides for such action.
  541         6. Unit owners may waive notice of specific meetings if
  542  allowed by the applicable bylaws or declaration or any law.
  543  Notice of meetings of the board of administration, unit owner
  544  meetings, except unit owner meetings called to recall board
  545  members under paragraph (j), and committee meetings may be given
  546  by electronic transmission to unit owners who consent to receive
  547  notice by electronic transmission. A unit owner who consents to
  548  receiving notices by electronic transmission is solely
  549  responsible for removing or bypassing filters that block receipt
  550  of mass e-mails emails sent to members on behalf of the
  551  association in the course of giving electronic notices.
  552         7. Unit owners have the right to participate in meetings of
  553  unit owners with reference to all designated agenda items.
  554  However, the association may adopt reasonable rules governing
  555  the frequency, duration, and manner of unit owner participation.
  556         8. A unit owner may tape record or videotape a meeting of
  557  the unit owners subject to reasonable rules adopted by the
  558  division.
  559         9. Unless otherwise provided in the bylaws, any vacancy
  560  occurring on the board before the expiration of a term may be
  561  filled by the affirmative vote of the majority of the remaining
  562  directors, even if the remaining directors constitute less than
  563  a quorum, or by the sole remaining director. In the alternative,
  564  a board may hold an election to fill the vacancy, in which case
  565  the election procedures must conform to sub-subparagraph 4.a.
  566  unless the association governs 10 units or fewer and has opted
  567  out of the statutory election process, in which case the bylaws
  568  of the association control. Unless otherwise provided in the
  569  bylaws, a board member appointed or elected under this section
  570  shall fill the vacancy for the unexpired term of the seat being
  571  filled. Filling vacancies created by recall is governed by
  572  paragraph (j) and rules adopted by the division.
  573         10. This chapter does not limit the use of general or
  574  limited proxies, require the use of general or limited proxies,
  575  or require the use of a written ballot or voting machine for any
  576  agenda item or election at any meeting of a timeshare
  577  condominium association or nonresidential condominium
  578  association.
  579  
  580  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  581  association of 10 or fewer units may, by affirmative vote of a
  582  majority of the total voting interests, provide for different
  583  voting and election procedures in its bylaws, which may be by a
  584  proxy specifically delineating the different voting and election
  585  procedures. The different voting and election procedures may
  586  provide for elections to be conducted by limited or general
  587  proxy.
  588         (i) Transfer fees.An association may not no charge an
  589  applicant any fees, except the actual costs of any background
  590  check or screening performed shall be made by the association,
  591  or any body thereof in connection with the sale, mortgage,
  592  lease, sublease, or other transfer of a unit unless the
  593  association is required to approve such transfer and a fee for
  594  such approval is provided for in the declaration, articles, or
  595  bylaws. Except for the actual costs of any background check or
  596  screening performed by the association, any such fee may be
  597  preset, but may not in no event may such fee exceed $100 per
  598  applicant other than a husband and wife or parent and dependent
  599  child husband/wife or parent/dependent child, which are
  600  considered one applicant. However, if the lease or sublease is a
  601  renewal of a lease or sublease with the same lessee or
  602  sublessee, a charge may not no charge shall be made. The
  603  foregoing notwithstanding, an association may, if the authority
  604  to do so appears in the declaration, articles, or bylaws,
  605  require that a prospective lessee place a security deposit, in
  606  an amount not to exceed the equivalent of 1 month’s rent, into
  607  an escrow account maintained by the association. The security
  608  deposit shall protect against damages to the common elements or
  609  association property. Payment of interest, claims against the
  610  deposit, refunds, and disputes under this paragraph shall be
  611  handled in the same fashion as provided in part II of chapter
  612  83.
  613         (j) Recall of board members.—Subject to s. 718.301, any
  614  member of the board of administration may be recalled and
  615  removed from office with or without cause by the vote or
  616  agreement in writing by a majority of all the voting interests.
  617  A special meeting of the unit owners to recall a member or
  618  members of the board of administration may be called by 10
  619  percent of the voting interests giving notice of the meeting as
  620  required for a meeting of unit owners, and the notice shall
  621  state the purpose of the meeting. Electronic transmission may
  622  not be used as a method of giving notice of a meeting called in
  623  whole or in part for this purpose.
  624         1. If the recall is approved by a majority of all voting
  625  interests by a vote at a meeting, the recall will be effective
  626  as provided in this paragraph. The board shall duly notice and
  627  hold a board meeting within 5 full business days after the
  628  adjournment of the unit owner meeting to recall one or more
  629  board members. Such member or members shall be recalled
  630  effective immediately upon conclusion of the board meeting,
  631  provided that the recall is facially valid. A recalled member
  632  must turn over to the board, within 10 full business days after
  633  the vote, any and all records and property of the association in
  634  his or her their possession.
  635         2. If the proposed recall is by an agreement in writing by
  636  a majority of all voting interests, the agreement in writing or
  637  a copy thereof shall be served on the association by certified
  638  mail or by personal service in the manner authorized by chapter
  639  48 and the Florida Rules of Civil Procedure. The board of
  640  administration shall duly notice and hold a meeting of the board
  641  within 5 full business days after receipt of the agreement in
  642  writing. Such member or members shall be recalled effective
  643  immediately upon the conclusion of the board meeting, provided
  644  that the recall is facially valid. A recalled member must turn
  645  over to the board, within 10 full business days, any and all
  646  records and property of the association in his or her their
  647  possession.
  648         3. If the board fails to duly notice and hold a board
  649  meeting within 5 full business days after service of an
  650  agreement in writing or within 5 full business days after the
  651  adjournment of the unit owner recall meeting, the recall is
  652  shall be deemed effective and the board members so recalled
  653  shall turn over to the board within 10 full business days after
  654  the vote any and all records and property of the association.
  655         4. If the board fails to duly notice and hold the required
  656  meeting or at the conclusion of the meeting determines that the
  657  recall is not facially valid, the unit owner representative may
  658  file a petition pursuant to s. 718.1255 challenging the board’s
  659  failure to act or challenging the board’s determination on
  660  facial validity. The petition must be filed within 60 days after
  661  the expiration of the applicable 5-full-business-day period. The
  662  review of a petition under this subparagraph is limited to the
  663  sufficiency of service on the board and the facial validity of
  664  the written agreement or ballots filed.
  665         5. If a vacancy occurs on the board as a result of a recall
  666  or removal and less than a majority of the board members are
  667  removed, the vacancy may be filled by the affirmative vote of a
  668  majority of the remaining directors, notwithstanding any
  669  provision to the contrary contained in this subsection. If
  670  vacancies occur on the board as a result of a recall and a
  671  majority or more of the board members are removed, the vacancies
  672  shall be filled in accordance with the bylaws procedural rules
  673  to be adopted by the division, which rules need not be
  674  consistent with this subsection. The rules must provide
  675  procedures governing the conduct of the recall election as well
  676  as the operation of the association during the period after a
  677  recall but before the recall election.
  678         6. A board member who has been recalled may file a petition
  679  pursuant to s. 718.1255 challenging the validity of the recall.
  680  The petition must be filed within 60 days after the recall. The
  681  association and the unit owner representative shall be named as
  682  the respondents. The petition may challenge the facial validity
  683  of the written agreement or ballots filed or the substantial
  684  compliance with the procedural requirements for the recall. If
  685  the arbitrator determines the recall was invalid, the
  686  petitioning board member shall immediately be reinstated and the
  687  recall is null and void. A board member who is successful in
  688  challenging a recall is entitled to recover reasonable attorney
  689  fees and costs from the respondents. The arbitrator may award
  690  reasonable attorney fees and costs to the respondents if they
  691  prevail, if the arbitrator makes a finding that the petitioner’s
  692  claim is frivolous.
  693         7. The division may not accept for filing a recall
  694  petition, whether filed pursuant to subparagraph 1.,
  695  subparagraph 2., subparagraph 4., or subparagraph 6., when there
  696  are 60 or fewer days until the scheduled reelection of the board
  697  member sought to be recalled or when 60 or fewer days have
  698  elapsed since the election of the board member sought to be
  699  recalled.
  700         (p)Service providers; conflicts of interest.—An
  701  association, which is not a timeshare condominium association,
  702  may not employ or contract with any service provider that is
  703  owned or operated by a board member or with any person who has a
  704  financial relationship with a board member or officer, or a
  705  relative within the third degree of consanguinity by blood or
  706  marriage of a board member or officer. This paragraph does not
  707  apply to a service provider in which a board member or officer,
  708  or a relative within the third degree of consanguinity by blood
  709  or marriage of a board member or officer, owns less than 1
  710  percent of the equity shares.
  711         Section 5. Paragraphs (a) and (c) of subsection (8) of
  712  section 718.113, Florida Statutes, are amended to read:
  713         718.113 Maintenance; limitation upon improvement; display
  714  of flag; hurricane shutters and protection; display of religious
  715  decorations.—
  716         (8) The Legislature finds that the use of electric vehicles
  717  conserves and protects the state’s environmental resources,
  718  provides significant economic savings to drivers, and serves an
  719  important public interest. The participation of condominium
  720  associations is essential to the state’s efforts to conserve and
  721  protect the state’s environmental resources and provide economic
  722  savings to drivers. Therefore, the installation of an electric
  723  vehicle charging station shall be governed as follows:
  724         (a) A declaration of condominium or restrictive covenant
  725  may not prohibit or be enforced so as to prohibit any unit owner
  726  from installing an electric vehicle charging station within the
  727  boundaries of the unit owner’s limited common element or
  728  exclusively designated parking area. The board of administration
  729  of a condominium association may not prohibit a unit owner from
  730  installing an electric vehicle charging station for an electric
  731  vehicle, as defined in s. 320.01, within the boundaries of his
  732  or her limited common element or exclusively designated parking
  733  area. The installation of such charging stations are subject to
  734  the provisions of this subsection.
  735         (c) The electricity for the electric vehicle charging
  736  station must be separately metered or must use an embedded meter
  737  and be payable by the unit owner installing such charging
  738  station.
  739         Section 6. Subsection (1) of section 718.1255, Florida
  740  Statutes, is amended to read:
  741         718.1255 Alternative dispute resolution; voluntary
  742  mediation; mandatory nonbinding arbitration; legislative
  743  findings.—
  744         (1) DEFINITIONS.—As used in this section, the term
  745  “dispute” means any disagreement between two or more parties
  746  that involves:
  747         (a) The authority of the board of directors, under this
  748  chapter or association document to:
  749         1. Require any owner to take any action, or not to take any
  750  action, involving that owner’s unit or the appurtenances
  751  thereto.
  752         2. Alter or add to a common area or element.
  753         (b) The failure of a governing body, when required by this
  754  chapter or an association document, to:
  755         1. Properly conduct elections.
  756         2. Maintain common elements, association property, or
  757  portions of the unit for which the association is responsible.
  758         3.2. Give adequate notice of meetings or other actions.
  759         4.3. Properly conduct meetings of the board and committees
  760  appointed by the board and membership meetings.
  761         5.4. Allow inspection of books and records.
  762         (c) A plan of termination pursuant to s. 718.117.
  763  
  764  “Dispute” does not include any disagreement that primarily
  765  involves: title to any unit or common element; the
  766  interpretation or enforcement of any warranty; the levy of a fee
  767  or assessment, or the collection of an assessment levied against
  768  a party; the eviction or other removal of a tenant from a unit;
  769  alleged breaches of fiduciary duty by one or more directors; or
  770  claims for damages to a unit based upon the alleged failure of
  771  the association to maintain the common elements or condominium
  772  property.
  773         Section 7. Subsection (1) and paragraph (b) of subsection
  774  (3) of section 718.303, Florida Statutes, are amended to read:
  775         718.303 Obligations of owners and occupants; remedies.—
  776         (1) Each unit owner, each tenant and other invitee, and
  777  each association is governed by, and must comply with the
  778  provisions of, this chapter, the declaration, the documents
  779  creating the association, and the association bylaws which are
  780  shall be deemed expressly incorporated into any lease of a unit.
  781  Actions at law or in equity for damages or for injunctive
  782  relief, or both, for failure to comply with these provisions may
  783  be brought by the association or by a unit owner against:
  784         (a) The association.
  785         (b) A unit owner.
  786         (c) Directors designated by the developer, for actions
  787  taken by them before control of the association is assumed by
  788  unit owners other than the developer.
  789         (d) Any director who willfully and knowingly fails to
  790  comply with these provisions.
  791         (e) Any tenant leasing a unit, and any other invitee
  792  occupying a unit.
  793  
  794  The prevailing party in any such action or in any action in
  795  which the purchaser claims a right of voidability based upon
  796  contractual provisions as required in s. 718.503(1)(a) is
  797  entitled to recover reasonable attorney attorney’s fees. A unit
  798  owner prevailing in an action between the association and the
  799  unit owner under this subsection section, in addition to
  800  recovering his or her reasonable attorney attorney’s fees, may
  801  recover additional amounts as determined by the court to be
  802  necessary to reimburse the unit owner for his or her share of
  803  assessments levied by the association to fund its expenses of
  804  the litigation. This relief does not exclude other remedies
  805  provided by law. Actions arising under this subsection are not
  806  considered may not be deemed to be actions for specific
  807  performance.
  808         (3) The association may levy reasonable fines for the
  809  failure of the owner of the unit or its occupant, licensee, or
  810  invitee to comply with any provision of the declaration, the
  811  association bylaws, or reasonable rules of the association. A
  812  fine may not become a lien against a unit. A fine may be levied
  813  by the board on the basis of each day of a continuing violation,
  814  with a single notice and opportunity for hearing before a
  815  committee as provided in paragraph (b). However, the fine may
  816  not exceed $100 per violation, or $1,000 in the aggregate.
  817         (b) A fine or suspension levied by the board of
  818  administration may not be imposed unless the board first
  819  provides at least 14 days’ written notice to the unit owner and,
  820  if applicable, any occupant, licensee, or invitee of the unit
  821  owner sought to be fined or suspended, and an opportunity for a
  822  hearing before a committee of at least three members appointed
  823  by the board who are not officers, directors, or employees of
  824  the association, or the spouse, parent, child, brother, or
  825  sister of an officer, director, or employee. The role of the
  826  committee is limited to determining whether to confirm or reject
  827  the fine or suspension levied by the board. If the committee
  828  does not approve the proposed fine or suspension by majority
  829  vote, the fine or suspension may not be imposed. If the proposed
  830  fine or suspension is approved by the committee, the fine
  831  payment is due 5 days after notice of the approved fine is
  832  provided to the unit owner and, if applicable, to any tenant,
  833  licensee, or invitee of the unit owner the date of the committee
  834  meeting at which the fine is approved. The association must
  835  provide written notice of such fine or suspension by mail or
  836  hand delivery to the unit owner and, if applicable, to any
  837  tenant, licensee, or invitee of the unit owner.
  838         Section 8. Section 718.5014, Florida Statutes, is amended
  839  to read:
  840         718.5014 Ombudsman location.—The ombudsman shall maintain
  841  his or her principal office in any Leon County on the premises
  842  of the division or, if suitable space cannot be provided there,
  843  at another place convenient to the offices of the division which
  844  will enable the ombudsman to expeditiously carry out the duties
  845  and functions of his or her office. The ombudsman may establish
  846  branch offices elsewhere in the state upon the concurrence of
  847  the Governor.
  848         Section 9. Subsection (25) of section 719.103, Florida
  849  Statutes, is amended to read:
  850         719.103 Definitions.—As used in this chapter:
  851         (25) “Unit” means a part of the cooperative property which
  852  is subject to exclusive use and possession. A unit may be
  853  improvements, land, or land and improvements together, as
  854  specified in the cooperative documents. An interest in a unit is
  855  an interest in real property.
  856         Section 10. Paragraph (c) of subsection (2) of section
  857  719.104, Florida Statutes, is amended to read:
  858         719.104 Cooperatives; access to units; records; financial
  859  reports; assessments; purchase of leases.—
  860         (2) OFFICIAL RECORDS.—
  861         (c) The official records of the association are open to
  862  inspection by any association member or the authorized
  863  representative of such member at all reasonable times. The right
  864  to inspect the records includes the right to make or obtain
  865  copies, at the reasonable expense, if any, of the association
  866  member. The association may adopt reasonable rules regarding the
  867  frequency, time, location, notice, and manner of record
  868  inspections and copying, but may not require a member to
  869  demonstrate any purpose or state any reason for the inspection.
  870  The failure of an association to provide the records within 10
  871  working days after receipt of a written request creates a
  872  rebuttable presumption that the association willfully failed to
  873  comply with this paragraph. A member unit owner who is denied
  874  access to official records is entitled to the actual damages or
  875  minimum damages for the association’s willful failure to comply.
  876  The minimum damages are $50 per calendar day for up to 10 days,
  877  beginning on the 11th working day after receipt of the written
  878  request. The failure to permit inspection entitles any person
  879  prevailing in an enforcement action to recover reasonable
  880  attorney fees from the person in control of the records who,
  881  directly or indirectly, knowingly denied access to the records.
  882  Any person who knowingly or intentionally defaces or destroys
  883  accounting records that are required by this chapter to be
  884  maintained during the period for which such records are required
  885  to be maintained, or who knowingly or intentionally fails to
  886  create or maintain accounting records that are required to be
  887  created or maintained, with the intent of causing harm to the
  888  association or one or more of its members, is personally subject
  889  to a civil penalty pursuant to s. 719.501(1)(d). The association
  890  shall maintain an adequate number of copies of the declaration,
  891  articles of incorporation, bylaws, and rules, and all amendments
  892  to each of the foregoing, as well as the question and answer
  893  sheet as described in s. 719.504 and year-end financial
  894  information required by the department, on the cooperative
  895  property to ensure their availability to members unit owners and
  896  prospective purchasers, and may charge its actual costs for
  897  preparing and furnishing these documents to those requesting the
  898  same. An association shall allow a member or his or her
  899  authorized representative to use a portable device, including a
  900  smartphone, tablet, portable scanner, or any other technology
  901  capable of scanning or taking photographs, to make an electronic
  902  copy of the official records in lieu of the association
  903  providing the member or his or her authorized representative
  904  with a copy of such records. The association may not charge a
  905  member or his or her authorized representative for the use of a
  906  portable device. Notwithstanding this paragraph, the following
  907  records shall not be accessible to members unit owners:
  908         1. Any record protected by the lawyer-client privilege as
  909  described in s. 90.502 and any record protected by the work
  910  product privilege, including any record prepared by an
  911  association attorney or prepared at the attorney’s express
  912  direction which reflects a mental impression, conclusion,
  913  litigation strategy, or legal theory of the attorney or the
  914  association, and which was prepared exclusively for civil or
  915  criminal litigation or for adversarial administrative
  916  proceedings, or which was prepared in anticipation of such
  917  litigation or proceedings until the conclusion of the litigation
  918  or proceedings.
  919         2. Information obtained by an association in connection
  920  with the approval of the lease, sale, or other transfer of a
  921  unit.
  922         3. Personnel records of association or management company
  923  employees, including, but not limited to, disciplinary, payroll,
  924  health, and insurance records. For purposes of this
  925  subparagraph, the term “personnel records” does not include
  926  written employment agreements with an association employee or
  927  management company, or budgetary or financial records that
  928  indicate the compensation paid to an association employee.
  929         4. Medical records of unit owners.
  930         5. Social security numbers, driver license numbers, credit
  931  card numbers, e-mail addresses, telephone numbers, facsimile
  932  numbers, emergency contact information, addresses of a unit
  933  owner other than as provided to fulfill the association’s notice
  934  requirements, and other personal identifying information of any
  935  person, excluding the person’s name, unit designation, mailing
  936  address, property address, and any address, e-mail address, or
  937  facsimile number provided to the association to fulfill the
  938  association’s notice requirements. Notwithstanding the
  939  restrictions in this subparagraph, an association may print and
  940  distribute to unit parcel owners a directory containing the
  941  name, unit parcel address, and all telephone numbers of each
  942  unit parcel owner. However, an owner may exclude his or her
  943  telephone numbers from the directory by so requesting in writing
  944  to the association. An owner may consent in writing to the
  945  disclosure of other contact information described in this
  946  subparagraph. The association is not liable for the inadvertent
  947  disclosure of information that is protected under this
  948  subparagraph if the information is included in an official
  949  record of the association and is voluntarily provided by an
  950  owner and not requested by the association.
  951         6. Electronic security measures that are used by the
  952  association to safeguard data, including passwords.
  953         7. The software and operating system used by the
  954  association which allow the manipulation of data, even if the
  955  owner owns a copy of the same software used by the association.
  956  The data is part of the official records of the association.
  957         Section 11. Paragraphs (b) and (f) of subsection (1) of
  958  section 719.106, Florida Statutes, are amended to read:
  959         719.106 Bylaws; cooperative ownership.—
  960         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  961  documents shall provide for the following, and if they do not,
  962  they shall be deemed to include the following:
  963         (b) Quorum; voting requirements; proxies.—
  964         1. Unless otherwise provided in the bylaws, the percentage
  965  of voting interests required to constitute a quorum at a meeting
  966  of the members shall be a majority of voting interests, and
  967  decisions shall be made by owners of a majority of the voting
  968  interests. Unless otherwise provided in this chapter, or in the
  969  articles of incorporation, bylaws, or other cooperative
  970  documents, and except as provided in subparagraph (d)1.,
  971  decisions shall be made by owners of a majority of the voting
  972  interests represented at a meeting at which a quorum is present.
  973         2. Except as specifically otherwise provided herein, after
  974  January 1, 1992, unit owners may not vote by general proxy, but
  975  may vote by limited proxies substantially conforming to a
  976  limited proxy form adopted by the division. Limited proxies and
  977  general proxies may be used to establish a quorum. Limited
  978  proxies shall be used for votes taken to waive or reduce
  979  reserves in accordance with subparagraph (j)2., for votes taken
  980  to waive the financial reporting requirements of s.
  981  719.104(4)(b), for votes taken to amend the articles of
  982  incorporation or bylaws pursuant to this section, and for any
  983  other matter for which this chapter requires or permits a vote
  984  of the unit owners. Except as provided in paragraph (d), after
  985  January 1, 1992, no proxy, limited or general, shall be used in
  986  the election of board members. General proxies may be used for
  987  other matters for which limited proxies are not required, and
  988  may also be used in voting for nonsubstantive changes to items
  989  for which a limited proxy is required and given. Notwithstanding
  990  the provisions of this section, unit owners may vote in person
  991  at unit owner meetings. Nothing contained herein shall limit the
  992  use of general proxies or require the use of limited proxies or
  993  require the use of limited proxies for any agenda item or
  994  election at any meeting of a timeshare cooperative.
  995         3. Any proxy given shall be effective only for the specific
  996  meeting for which originally given and any lawfully adjourned
  997  meetings thereof. In no event shall any proxy be valid for a
  998  period longer than 90 days after the date of the first meeting
  999  for which it was given. Every proxy shall be revocable at any
 1000  time at the pleasure of the unit owner executing it.
 1001         4. A member of the board of administration or a committee
 1002  may submit in writing his or her agreement or disagreement with
 1003  any action taken at a meeting that the member did not attend.
 1004  This agreement or disagreement may not be used as a vote for or
 1005  against the action taken and may not be used for the purposes of
 1006  creating a quorum.
 1007         5. A board or committee member’s participation in a meeting
 1008  via telephone, real-time video conferencing, or similar real
 1009  time electronic or video communication counts toward a quorum,
 1010  and such member may vote as if physically present When some or
 1011  all of the board or committee members meet by telephone
 1012  conference, those board or committee members attending by
 1013  telephone conference may be counted toward obtaining a quorum
 1014  and may vote by telephone. A telephone speaker must shall be
 1015  used utilized so that the conversation of such those board or
 1016  committee members attending by telephone may be heard by the
 1017  board or committee members attending in person, as well as by
 1018  any unit owners present at a meeting.
 1019         (f) Recall of board members.—Subject to s. 719.301, any
 1020  member of the board of administration may be recalled and
 1021  removed from office with or without cause by the vote or
 1022  agreement in writing by a majority of all the voting interests.
 1023  A special meeting of the voting interests to recall any member
 1024  of the board of administration may be called by 10 percent of
 1025  the unit owners giving notice of the meeting as required for a
 1026  meeting of unit owners, and the notice shall state the purpose
 1027  of the meeting. Electronic transmission may not be used as a
 1028  method of giving notice of a meeting called in whole or in part
 1029  for this purpose.
 1030         1. If the recall is approved by a majority of all voting
 1031  interests by a vote at a meeting, the recall shall be effective
 1032  as provided in this paragraph. The board shall duly notice and
 1033  hold a board meeting within 5 full business days after the
 1034  adjournment of the unit owner meeting to recall one or more
 1035  board members. At the meeting, the board shall either certify
 1036  the recall, in which case such member or members shall be
 1037  recalled effective immediately and shall turn over to the board
 1038  within 5 full business days any and all records and property of
 1039  the association in their possession, or shall proceed as set
 1040  forth in subparagraph 4. subparagraph 3.
 1041         2. If the proposed recall is by an agreement in writing by
 1042  a majority of all voting interests, the agreement in writing or
 1043  a copy thereof shall be served on the association by certified
 1044  mail or by personal service in the manner authorized by chapter
 1045  48 and the Florida Rules of Civil Procedure. The board of
 1046  administration shall duly notice and hold a meeting of the board
 1047  within 5 full business days after receipt of the agreement in
 1048  writing. Such member or members shall be recalled effective
 1049  immediately upon the conclusion of the board meeting, provided
 1050  that the recall is facially valid. A recalled member shall turn
 1051  over to the board within 10 full business days after the date of
 1052  the recall any and all records and property of the association
 1053  in his or her possession At the meeting, the board shall either
 1054  certify the written agreement to recall members of the board, in
 1055  which case such members shall be recalled effective immediately
 1056  and shall turn over to the board, within 5 full business days,
 1057  any and all records and property of the association in their
 1058  possession, or proceed as described in subparagraph 3.
 1059         3.If the board determines not to certify the written
 1060  agreement to recall members of the board, or does not certify
 1061  the recall by a vote at a meeting, the board shall, within 5
 1062  full business days after the board meeting, file with the
 1063  division a petition for binding arbitration pursuant to the
 1064  procedures of s. 719.1255. For purposes of this paragraph, the
 1065  unit owners who voted at the meeting or who executed the
 1066  agreement in writing shall constitute one party under the
 1067  petition for arbitration. If the arbitrator certifies the recall
 1068  as to any member of the board, the recall shall be effective
 1069  upon mailing of the final order of arbitration to the
 1070  association. If the association fails to comply with the order
 1071  of the arbitrator, the division may take action pursuant to s.
 1072  719.501. Any member so recalled shall deliver to the board any
 1073  and all records and property of the association in the member’s
 1074  possession within 5 full business days after the effective date
 1075  of the recall.
 1076         3.4. If the board fails to duly notice and hold a board
 1077  meeting within 5 full business days after service of an
 1078  agreement in writing or within 5 full business days after the
 1079  adjournment of the unit owner recall meeting, the recall is
 1080  shall be deemed effective and the board members so recalled
 1081  shall immediately turn over to the board any and all records and
 1082  property of the association.
 1083         4.5. If the board fails to duly notice and hold the
 1084  required meeting or fails to file the required petition, the
 1085  unit owner representative may file a petition pursuant to s.
 1086  719.1255 challenging the board’s failure to act. The petition
 1087  must be filed within 60 days after the expiration of the
 1088  applicable 5-full-business-day period. The review of a petition
 1089  under this subparagraph is limited to the sufficiency of service
 1090  on the board and the facial validity of the written agreement or
 1091  ballots filed.
 1092         5.6. If a vacancy occurs on the board as a result of a
 1093  recall and less than a majority of the board members are
 1094  removed, the vacancy may be filled by the affirmative vote of a
 1095  majority of the remaining directors, notwithstanding any
 1096  provision to the contrary contained in this subsection chapter.
 1097  If vacancies occur on the board as a result of a recall and a
 1098  majority or more of the board members are removed, the vacancies
 1099  must shall be filled in accordance with the bylaws procedural
 1100  rules to be adopted by the division, which rules need not be
 1101  consistent with this chapter. The rules must provide procedures
 1102  governing the conduct of the recall election as well as the
 1103  operation of the association during the period after a recall
 1104  but before the recall election.
 1105         6.7. A board member who has been recalled may file a
 1106  petition pursuant to s. 719.1255 challenging the validity of the
 1107  recall. The petition must be filed within 60 days after the
 1108  recall is deemed certified. The association and the unit owner
 1109  representative shall be named as the respondents.
 1110         7.8. The division may not accept for filing a recall
 1111  petition, whether filed pursuant to subparagraph 1.,
 1112  subparagraph 2., subparagraph 4., or subparagraph 6.
 1113  subparagraph 5., or subparagraph 7. and regardless of whether
 1114  the recall was certified, when there are 60 or fewer days until
 1115  the scheduled reelection of the board member sought to be
 1116  recalled or when 60 or fewer days have not elapsed since the
 1117  election of the board member sought to be recalled.
 1118         Section 12. Paragraph (c) of subsection (2) and paragraph
 1119  (l) of subsection (4) of section 720.303, Florida Statutes, are
 1120  amended, and paragraph (m) is added to subsection (4) of that
 1121  section, to read:
 1122         720.303 Association powers and duties; meetings of board;
 1123  official records; budgets; financial reporting; association
 1124  funds; recalls.—
 1125         (2) BOARD MEETINGS.—
 1126         (c) The bylaws shall provide the following for giving
 1127  notice to parcel owners and members of all board meetings and,
 1128  if they do not do so, shall be deemed to include the following:
 1129         1. Notices of all board meetings must be posted in a
 1130  conspicuous place in the community at least 48 hours in advance
 1131  of a meeting, except in an emergency. In the alternative, if
 1132  notice is not posted in a conspicuous place in the community,
 1133  notice of each board meeting must be mailed or delivered to each
 1134  member at least 7 days before the meeting, except in an
 1135  emergency. Notwithstanding this general notice requirement, for
 1136  communities with more than 100 members, the association bylaws
 1137  may provide for a reasonable alternative to posting or mailing
 1138  of notice for each board meeting, including publication of
 1139  notice, provision of a schedule of board meetings, or the
 1140  conspicuous posting and repeated broadcasting of the notice on a
 1141  closed-circuit cable television system serving the homeowners’
 1142  association. However, if broadcast notice is used in lieu of a
 1143  notice posted physically in the community, the notice must be
 1144  broadcast at least four times every broadcast hour of each day
 1145  that a posted notice is otherwise required. When broadcast
 1146  notice is provided, the notice and agenda must be broadcast in a
 1147  manner and for a sufficient continuous length of time so as to
 1148  allow an average reader to observe the notice and read and
 1149  comprehend the entire content of the notice and the agenda. In
 1150  addition to any of the authorized means of providing notice of a
 1151  meeting of the board, the association may, by rule, adopt a
 1152  procedure for conspicuously posting the meeting notice and the
 1153  agenda on a website serving the association for at least the
 1154  minimum period of time for which a notice of a meeting is also
 1155  required to be physically posted on the association property.
 1156  Any rule adopted shall, in addition to other matters, include a
 1157  requirement that the association send an electronic notice in
 1158  the same manner as is required for a notice for a meeting of the
 1159  members, which must include a hyperlink to the website where the
 1160  notice is posted, to members whose e-mail addresses are included
 1161  in the association’s official records. The association may
 1162  provide notice by electronic transmission in a manner authorized
 1163  by law for meetings of the board of directors, committee
 1164  meetings requiring notice under this section, and annual and
 1165  special meetings of the members to any member who has provided a
 1166  facsimile number or e-mail address to the association to be used
 1167  for such purposes; however, a member must consent in writing to
 1168  receiving notice by electronic transmission.
 1169         2. An assessment may not be levied at a board meeting
 1170  unless the notice of the meeting includes a statement that
 1171  assessments will be considered and the nature of the
 1172  assessments. Written notice of any meeting at which special
 1173  assessments will be considered or at which amendments to rules
 1174  regarding parcel use will be considered must be mailed,
 1175  delivered, or electronically transmitted to the members and
 1176  parcel owners and posted conspicuously on the property or
 1177  broadcast on closed-circuit cable television not less than 14
 1178  days before the meeting.
 1179         3. Directors may not vote by proxy or by secret ballot at
 1180  board meetings, except that secret ballots may be used in the
 1181  election of officers. This subsection also applies to the
 1182  meetings of any committee or other similar body, when a final
 1183  decision will be made regarding the expenditure of association
 1184  funds, and to any body vested with the power to approve or
 1185  disapprove architectural decisions with respect to a specific
 1186  parcel of residential property owned by a member of the
 1187  community.
 1188         (4) OFFICIAL RECORDS.—The association shall maintain each
 1189  of the following items, when applicable, which constitute the
 1190  official records of the association:
 1191         (l) Ballots, sign-in sheets, voting proxies, and all other
 1192  papers and electronic records relating to voting by parcel
 1193  owners, which shall be maintained for at least 1 year after the
 1194  date of the election, vote, or meeting to which the document
 1195  relates.
 1196         (m) All other written records of the association not
 1197  specifically included in paragraphs (a) through (l) the
 1198  foregoing which are related to the operation of the association.
 1199         Section 13. Subsections (1) and (2) of section 720.305,
 1200  Florida Statutes, are amended to read:
 1201         720.305 Obligations of members; remedies at law or in
 1202  equity; levy of fines and suspension of use rights.—
 1203         (1) Each member and the member’s tenants, guests, and
 1204  invitees, and each association, are governed by, and must comply
 1205  with, this chapter and, the governing documents of the
 1206  community, and the rules of the association. Actions at law or
 1207  in equity, or both, to redress alleged failure or refusal to
 1208  comply with these provisions may be brought by the association
 1209  or by any member against:
 1210         (a) The association;
 1211         (b) A member;
 1212         (c) Any director or officer of an association who willfully
 1213  and knowingly fails to comply with these provisions; and
 1214         (d) Any tenants, guests, or invitees occupying a parcel or
 1215  using the common areas.
 1216  
 1217  The prevailing party in any such litigation is entitled to
 1218  recover reasonable attorney fees and costs. A member prevailing
 1219  in an action between the association and the member under this
 1220  section, in addition to recovering his or her reasonable
 1221  attorney fees, may recover additional amounts as determined by
 1222  the court to be necessary to reimburse the member for his or her
 1223  share of assessments levied by the association to fund its
 1224  expenses of the litigation. This relief does not exclude other
 1225  remedies provided by law. This section does not deprive any
 1226  person of any other available right or remedy.
 1227         (2) An The association may levy reasonable fines. A fine
 1228  may not exceed $100 per violation against any member or any
 1229  member’s tenant, guest, or invitee for the failure of the owner
 1230  of the parcel or its occupant, licensee, or invitee to comply
 1231  with any provision of the governing documents declaration, the
 1232  association bylaws, or reasonable rules of the association
 1233  unless otherwise provided in the governing documents. A fine may
 1234  be levied by the board for each day of a continuing violation,
 1235  with a single notice and opportunity for hearing, except that
 1236  the fine may not exceed $1,000 in the aggregate unless otherwise
 1237  provided in the governing documents. A fine of less than $1,000
 1238  may not become a lien against a parcel. In any action to recover
 1239  a fine, the prevailing party is entitled to reasonable attorney
 1240  fees and costs from the nonprevailing party as determined by the
 1241  court.
 1242         (a) An association may suspend, for a reasonable period of
 1243  time, the right of a member, or a member’s tenant, guest, or
 1244  invitee, to use common areas and facilities for the failure of
 1245  the owner of the parcel or its occupant, licensee, or invitee to
 1246  comply with any provision of the declaration, the association
 1247  bylaws, or reasonable rules of the association. This paragraph
 1248  does not apply to that portion of common areas used to provide
 1249  access or utility services to the parcel. A suspension may not
 1250  prohibit an owner or tenant of a parcel from having vehicular
 1251  and pedestrian ingress to and egress from the parcel, including,
 1252  but not limited to, the right to park.
 1253         (b) A fine or suspension levied by the board of
 1254  administration may not be imposed unless the board first
 1255  provides at least 14 days’ notice to the parcel owner and, if
 1256  applicable, any occupant, licensee, or invitee of the parcel
 1257  owner, sought to be fined or suspended and an opportunity for a
 1258  hearing before a committee of at least three members appointed
 1259  by the board who are not officers, directors, or employees of
 1260  the association, or the spouse, parent, child, brother, or
 1261  sister of an officer, director, or employee. If the committee,
 1262  by majority vote, does not approve a proposed fine or
 1263  suspension, the proposed fine or suspension may not be imposed.
 1264  The role of the committee is limited to determining whether to
 1265  confirm or reject the fine or suspension levied by the board. If
 1266  the proposed fine or suspension levied by the board is approved
 1267  by the committee, the fine payment is due 5 days after notice of
 1268  the approved fine is provided to the parcel owner and, if
 1269  applicable, to any occupant, licensee, or invitee of the parcel
 1270  owner the date of the committee meeting at which the fine is
 1271  approved. The association must provide written notice of such
 1272  fine or suspension by mail or hand delivery to the parcel owner
 1273  and, if applicable, to any occupant tenant, licensee, or invitee
 1274  of the parcel owner.
 1275         Section 14. Paragraph (g) of subsection (1) of section
 1276  720.306, Florida Statutes, is amended to read:
 1277         720.306 Meetings of members; voting and election
 1278  procedures; amendments.—
 1279         (1) QUORUM; AMENDMENTS.—
 1280         (g) A notice required under this section must be mailed or
 1281  delivered to the address identified as the parcel owner’s
 1282  mailing address in the official records of the association as
 1283  required under s. 720.303(4) on the property appraiser’s website
 1284  for the county in which the parcel is located, or electronically
 1285  transmitted in a manner authorized by the association if the
 1286  parcel owner has consented, in writing, to receive notice by
 1287  electronic transmission.
 1288         Section 15. Subsections (1) and (2) of section 720.311,
 1289  Florida Statutes, are redesignated as subsections (2) and (3),
 1290  respectively, a new subsection (1) is added to that section, and
 1291  present subsection (2) is amended, to read:
 1292         720.311 Dispute resolution.—
 1293         (1)(a)As used in this section, the term “dispute” means
 1294  any disagreement between two or more parties which involves:
 1295         1.The authority of the board of directors, under this
 1296  chapter or an association document, to:
 1297         a.Require any owner to take any action, or not to take any
 1298  action, involving that owner’s parcel.
 1299         b.Alter or add to a common area.
 1300         2.The failure of a governing body, when required by this
 1301  chapter or an association document, to:
 1302         a.Properly enforce the governing documents.
 1303         b.Provide adequate notice of meetings or other actions.
 1304         c.Properly conduct meetings of the board and committees
 1305  appointed by the board and membership meetings. This sub
 1306  subparagraph does not apply to elections held at a meeting.
 1307         d.To maintain a common area.
 1308         (b)The term “dispute” does not include any disagreement
 1309  that primarily involves:
 1310         1.Title to any parcel or common area;
 1311         2.The interpretation or enforcement of any warranty;
 1312         3.The levy of a fee or assessment or the collection of an
 1313  assessment levied against a party;
 1314         4.The eviction or removal of an occupant, licensee, or
 1315  invitee from a parcel;
 1316         5.An alleged breach of fiduciary duty by one or more
 1317  directors; or
 1318         6.Claims for damages to a parcel based upon the alleged
 1319  failure of the association to maintain the common areas or
 1320  association property.
 1321         (3)(a)1.(2)(a) Disputes between an association and a parcel
 1322  owner regarding use of or changes to the parcel or the common
 1323  areas and other covenant enforcement disputes, disputes
 1324  regarding amendments to the association documents, disputes
 1325  regarding meetings of the board and committees appointed by the
 1326  board, membership meetings not including election meetings, and
 1327  access to the official records of the association shall be the
 1328  subject of a demand for presuit mediation served by an aggrieved
 1329  party before the dispute is filed in court. Presuit mediation
 1330  proceedings must be conducted in accordance with the applicable
 1331  rules of the Florida Rules of Civil Procedure and chapter 44,
 1332  and these proceedings are privileged and confidential to the
 1333  same extent as court-ordered mediation. Disputes subject to
 1334  presuit mediation under this section may shall not include the
 1335  collection of any assessment, fine, or other financial
 1336  obligation, including attorney attorney’s fees and costs,
 1337  claimed to be due or any action to enforce a prior mediation
 1338  settlement agreement between the parties. Also, In any dispute
 1339  subject to presuit mediation under this section where
 1340  preliminary injunctive emergency relief is required, a motion
 1341  for temporary injunctive relief may be filed with the court
 1342  without first complying with the presuit mediation requirements
 1343  of this section. After any issues regarding preliminary
 1344  injunctive emergency or temporary relief are resolved, the court
 1345  may either refer the parties to a mediation program administered
 1346  by the courts or require mediation under this section. An
 1347  arbitrator or judge may not consider any information or evidence
 1348  arising from the presuit mediation proceeding except in a
 1349  proceeding to impose sanctions for failure to attend a presuit
 1350  mediation session or to enforce a mediated settlement agreement.
 1351  Persons who are not parties to the dispute may not attend the
 1352  presuit mediation conference without the consent of all parties,
 1353  except for counsel for the parties, and a corporate
 1354  representative designated by the association, and a
 1355  representative from the association’s insurance carrier, if
 1356  applicable. When mediation is attended by a quorum of the board,
 1357  such mediation is not a board meeting for purposes of notice and
 1358  participation set forth in s. 720.303. An aggrieved party shall
 1359  serve on the responding party a written demand to participate in
 1360  presuit mediation in substantially the following form:
 1361  
 1362                   STATUTORY OFFER TO PARTICIPATE                  
 1363                        IN PRESUIT MEDIATION                       
 1364  
 1365         The alleged aggrieved party, ................, hereby
 1366         demands that ................, as the responding
 1367         party, engage in mandatory presuit mediation in
 1368         connection with the following disputes, which by
 1369         statute are of a type that are subject to presuit
 1370         mediation:
 1371  
 1372         (List specific nature of the dispute or disputes to be
 1373         mediated and the authority supporting a finding of a
 1374         violation as to each dispute.)
 1375  
 1376         Pursuant to section 720.311, Florida Statutes, this
 1377         demand to resolve the dispute through presuit
 1378         mediation is required before a lawsuit can be filed
 1379         concerning the dispute. Pursuant to the statute, the
 1380         parties are required to engage in presuit mediation
 1381         with a neutral third-party mediator in order to
 1382         attempt to resolve this dispute without court action,
 1383         and the aggrieved party demands that you likewise
 1384         agree to this process. If you fail to participate in
 1385         the mediation process, suit may be brought against you
 1386         without further warning.
 1387  
 1388         The process of mediation involves a supervised
 1389         negotiation process in which a trained, neutral third
 1390         party mediator meets with both parties and assists
 1391         them in exploring possible opportunities for resolving
 1392         part or all of the dispute. By agreeing to participate
 1393         in presuit mediation, you are not bound in any way to
 1394         change your position. Furthermore, the mediator has no
 1395         authority to make any decisions in this matter or to
 1396         determine who is right or wrong and merely acts as a
 1397         facilitator to ensure that each party understands the
 1398         position of the other party and that all options for
 1399         reasonable settlement are fully explored.
 1400  
 1401         If an agreement is reached, it must shall be reduced
 1402         to writing and signed, at which time the agreement
 1403         becomes a binding and enforceable contract between
 1404         commitment of the parties. A resolution of one or more
 1405         disputes in this fashion avoids the need to litigate
 1406         those these issues in court. The failure to reach an
 1407         agreement, or the failure of a party to participate in
 1408         the process or the failure of the parties to reach an
 1409         agreement during the mediation process, results in the
 1410         aggrieved party being able to mediator declaring an
 1411         impasse in the mediation, after which the aggrieved
 1412         party may proceed to court on all outstanding and,
 1413         unsettled disputes. If you fail or refuse have failed
 1414         or refused to participate in the entire mediation
 1415         process, you will not be entitled to recover attorney
 1416         attorney’s fees, even if you prevail.
 1417  
 1418         The aggrieved party has selected and hereby lists five
 1419         circuit court civil certified mediators certified by
 1420         the Florida Supreme Court who the aggrieved party
 1421         believes we believe to be neutral and qualified to
 1422         mediate the dispute. You have the right to select any
 1423         one of these mediators. The fact that one party may be
 1424         familiar with one or more of the listed mediators does
 1425         not mean that the mediator cannot act as a neutral and
 1426         impartial facilitator. Any mediator who cannot act in
 1427         this capacity is required ethically to decline to
 1428         accept engagement. The mediators that we suggest, and
 1429         their current hourly rates, are as follows:
 1430  
 1431         (List the names, physical addresses, e-mail addresses,
 1432         telephone numbers, and hourly rates of the mediators.
 1433         Other pertinent information about the backgrounds
 1434         background of the mediators may be included as an
 1435         attachment, including whether the mediator is board
 1436         certified by The Florida Bar in any practice area.)
 1437  
 1438         By mutual agreement, and before accepting presuit
 1439         mediation, we can also select mediators other than the
 1440         Supreme Court-certified circuit court civil mediators
 1441         named above as alternates to the above-named
 1442         mediators. The alternate mediators are not required to
 1443         be Supreme Court-certified circuit court civil
 1444         mediators. The alternate mediators that we suggest,
 1445         and their hourly rates, are as follows:
 1446         (List the names, physical addresses, e-mail addresses,
 1447         telephone numbers, and hourly rates of the alternate
 1448         mediators. Other pertinent information about the
 1449         backgrounds of the alternate mediators may be included
 1450         as an attachment.)
 1451  
 1452         You may contact the offices of these mediators to
 1453         confirm that the listed mediators will be neutral and
 1454         will not show any favoritism toward either party. The
 1455         Florida Supreme Court can provide you a list of
 1456         certified mediators who are certified in the area of
 1457         circuit civil law.
 1458  
 1459         Unless otherwise agreed by the parties, section
 1460         720.311(2)(b), Florida Statutes, requires that the
 1461         parties share equally the costs of presuit mediation
 1462         equally, including the fee charged by the mediator. A
 1463         typical An average mediation may require three to four
 1464         hours of the mediator’s time, including some
 1465         preparation time, and the parties would need to share
 1466         equally the mediator’s fees as well as pay their own
 1467         attorney attorney’s fees if they choose to employ an
 1468         attorney in connection with the mediation. However,
 1469         use of an attorney is not required and is at the
 1470         option of each party. The mediators may require the
 1471         advance payment of some or all of the anticipated
 1472         fees. The aggrieved party hereby agrees to pay or
 1473         prepay one-half of the mediator’s estimated fees and
 1474         to forward this amount or such other reasonable
 1475         advance deposits as the mediator requires for this
 1476         purpose. Any funds deposited will be returned to you
 1477         if these are in excess of your share of the fees
 1478         incurred.
 1479  
 1480         To begin your participation in presuit mediation to
 1481         try to resolve the dispute and avoid further legal
 1482         action, please sign below and clearly indicate which
 1483         mediator is acceptable to you. We will then ask the
 1484         mediator to schedule a mutually convenient time and
 1485         place for the mediation conference to be held. The
 1486         mediation conference must be held within 90 ninety
 1487         (90) days after the date of acceptance of presuit
 1488         mediation of this date, unless extended by mutual
 1489         written agreement. In the event that you fail to
 1490         respond within 30 days after 20 days from the date of
 1491         this letter, or if you fail to agree to at least one
 1492         of the mediators that we have suggested or to pay or
 1493         prepay to the mediator one-half of the costs involved,
 1494         the aggrieved party will be authorized to proceed with
 1495         the filing of a lawsuit against you without further
 1496         notice and may seek an award of attorney attorney’s
 1497         fees or costs incurred in attempting to obtain
 1498         mediation.
 1499  
 1500         Therefore, please give this matter your immediate
 1501         attention. By law, your response must be mailed by
 1502         certified mail, return receipt requested, and by
 1503         first-class mail to the address shown on this demand.
 1504  
 1505         ........................
 1506         ........................
 1507  
 1508         RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR
 1509         AGREEMENT TO THAT CHOICE.
 1510  
 1511         AGREEMENT TO MEDIATE
 1512         The undersigned hereby agrees to participate in
 1513         presuit mediation and agrees to attend a mediation
 1514         conducted by the following mediator or mediators who
 1515         are listed above as individuals someone who would be
 1516         acceptable to mediate this dispute:
 1517  
 1518         (List acceptable mediator or mediators.)
 1519  
 1520         I/we further agree to pay or prepay one-half of the
 1521         mediator’s fees and to forward such advance deposits
 1522         as the mediator may require for this purpose.
 1523  
 1524         ........................
 1525         Signature of responding party #1
 1526  
 1527         ........................
 1528         Telephone contact information
 1529  
 1530         ........................
 1531         Signature and telephone contact information of
 1532         responding party #2 (if applicable)(if property is
 1533         owned by more than one person, all owners must sign)
 1534  
 1535         2.The statutory demand must also contain the following
 1536  statement in capitalized, bold letters in a font size larger
 1537  than any other used in the statutory demand: A PERSON WHO FAILS
 1538  OR REFUSES TO PARTICIPATE IN THE ENTIRE PRESUIT MEDIATION
 1539  PROCESS IS PROHIBITED FROM RECOVERING ATTORNEY FEES AND COSTS IN
 1540  SUBSEQUENT LITIGATION RELATING TO THE DISPUTE.
 1541         (b) Service of the statutory demand to participate in
 1542  presuit mediation shall be effected by sending a letter in
 1543  substantial conformity with the above form by certified mail,
 1544  return receipt requested, with an additional copy being sent by
 1545  regular first-class mail, to the address of the responding party
 1546  as it last appears on the books and records of the association.
 1547  The responding party has 30 20 days after from the date of the
 1548  mailing of the statutory demand to serve a response to the
 1549  aggrieved party in writing. The response must be sent shall be
 1550  served by certified mail, return receipt requested, with an
 1551  additional copy being sent by regular first-class mail, to the
 1552  address shown on the statutory demand. Notwithstanding the
 1553  foregoing, once the parties have agreed on a mediator, the
 1554  mediator may schedule reschedule the mediation for a date and
 1555  time mutually convenient to the parties. Each proposed mediator
 1556  must be available to hold the mediation in the county in which
 1557  the parcel is located or within 40 miles of the parcel without
 1558  charging extra for travel-related costs. If a presuit mediation
 1559  session cannot be scheduled and concluded within 90 days after
 1560  the date of acceptance of presuit mediation and there is no
 1561  agreement between the parties to extend the 90-day deadline, the
 1562  aggrieved party may file an action in court. The parties shall
 1563  share equally the costs of presuit mediation equally, including
 1564  the fee charged by the mediator, if any, unless the parties
 1565  agree otherwise, and the mediator may require advance payment of
 1566  its reasonable fees and costs. The failure of any party to
 1567  respond to a demand or response, to agree upon a mediator, to
 1568  make payment of fees and costs within the time established by
 1569  the mediator, or to appear for a scheduled mediation session
 1570  without the approval of the mediator, constitutes shall
 1571  constitute the failure or refusal to participate in the
 1572  mediation process and operates shall operate as an impasse in
 1573  the presuit mediation by such party, entitling the other party
 1574  to proceed in court and to seek an award of the costs and fees
 1575  associated with the mediation. Additionally, notwithstanding the
 1576  provisions of any other law or document, persons who fail or
 1577  refuse to participate in the entire mediation process may not
 1578  recover attorney attorney’s fees and costs in subsequent
 1579  litigation relating to the dispute. If any presuit mediation
 1580  session cannot be scheduled and conducted within 90 days after
 1581  the offer to participate in mediation was filed, an impasse
 1582  shall be deemed to have occurred unless both parties agree to
 1583  extend this deadline.
 1584         (c) If presuit mediation as described in paragraph (a) is
 1585  not successful in resolving all issues between the parties, any
 1586  party the parties may file an action regarding the unresolved
 1587  dispute in a court of competent jurisdiction or elect to enter
 1588  into binding or nonbinding arbitration pursuant to the
 1589  procedures set forth in s. 718.1255 and rules adopted by the
 1590  division, with the arbitration proceeding to be conducted by a
 1591  department arbitrator or by a private arbitrator certified by
 1592  the department. If all parties do not agree to arbitration
 1593  proceedings following an unsuccessful presuit mediation, any
 1594  party may file the dispute in court. A final order resulting
 1595  from nonbinding arbitration is final and enforceable in the
 1596  courts if a complaint for trial de novo is not filed in a court
 1597  of competent jurisdiction within 30 days after entry of the
 1598  order. As to any issue or dispute that is not resolved at
 1599  presuit mediation, and as to any issue that is settled at
 1600  presuit mediation but is thereafter subject to an action seeking
 1601  enforcement of the mediation settlement, the prevailing party in
 1602  any subsequent arbitration or litigation proceeding shall be
 1603  entitled to seek recovery of all costs and attorney attorney’s
 1604  fees incurred in the presuit mediation process.
 1605         (d) The parties may agree to a mediator or arbitrator who
 1606  is not certified by the Florida Supreme Court. Unless such
 1607  mediator or arbitrator is agreed upon, a mediator or arbitrator
 1608  may not shall be authorized to conduct mediation or arbitration
 1609  under this section unless only if he or she has been certified
 1610  as a circuit court civil mediator or arbitrator, respectively,
 1611  pursuant to the requirements established by the Florida Supreme
 1612  Court. Settlement agreements resulting from mediation may shall
 1613  not have precedential value in proceedings involving parties
 1614  other than those participating in the mediation to support
 1615  either a claim or defense in other disputes.
 1616         (e) The presuit mediation procedures provided by this
 1617  subsection may be used by a Florida corporation responsible for
 1618  the operation of a community in which the voting members are
 1619  parcel owners or their representatives, in which membership in
 1620  the corporation is not a mandatory condition of parcel
 1621  ownership, or which is not authorized to impose an assessment
 1622  that may become a lien on the parcel.
 1623         Section 16. This act shall take effect July 1, 2019.
 1624  
 1625  ================= T I T L E  A M E N D M E N T ================
 1626  And the title is amended as follows:
 1627         Delete everything before the enacting clause
 1628  and insert:
 1629                        A bill to be entitled                      
 1630         An act relating to community associations; amending
 1631         514.0115, F.S.; providing that certain property
 1632         association pools are exempt from Department of Health
 1633         regulations; amending s. 627.714, F.S.; prohibiting
 1634         subrogation rights against a condominium association
 1635         under certain circumstances; amending s. 718.111,
 1636         F.S.; requiring certain records to be maintained for a
 1637         specified time; prohibiting an association from
 1638         requiring certain actions related to the inspection of
 1639         records; revising requirements relating to certain
 1640         associations posting digital copies of certain
 1641         documents; amending s. 718.112, F.S.; specifying that
 1642         only board service that occurs on or after a specified
 1643         date may be used for calculating a board member’s term
 1644         limit; providing requirements for certain notices;
 1645         prohibiting an association from charging certain fees;
 1646         providing an exception; revising requirements relating
 1647         to the recall of board members; deleting a prohibition
 1648         against employing or contracting with certain service
 1649         providers; amending s. 718.1255, F.S.; revising the
 1650         definition of the term “dispute”; amending s. 718.303,
 1651         F.S.; revising requirements for certain actions for
 1652         failure to comply with specified provisions; revising
 1653         requirements for certain fines; amending s. 718.5014,
 1654         F.S.; revising the location of the principal office of
 1655         the Office of the Condominium Ombudsman; amending s.
 1656         719.103, F.S.; revising the definition of the term
 1657         “unit” to specify that an interest in a cooperative
 1658         unit is an interest in real property; amending s.
 1659         719.104, F.S.; prohibiting an association from
 1660         requiring certain actions related to the inspection of
 1661         records; amending s. 719.106, F.S.; revising
 1662         provisions relating to a quorum and voting rights for
 1663         members remotely participating in meetings; revising
 1664         requirements relating to the recall of board members
 1665         and challenges to such recalls; amending s. 719.1255,
 1666         F.S.; revising requirements for alternative resolution
 1667         of disputes; amending s. 719.501, F.S.; deleting
 1668         provisions relating to the division’s certification of
 1669         mediators; amending s. 720.303, F.S.; authorizing an
 1670         association to adopt procedures for electronic meeting
 1671         notices; revising the documents that constitute the
 1672         official records of an association; amending s.
 1673         720.305, F.S.; providing requirements for certain
 1674         fines; amending s. 720.306, F.S.; revising
 1675         requirements for providing certain notices; amending
 1676         s. 720.311, F.S.; defining the term “dispute”;
 1677         revising the standardized form for the offer to
 1678         participate in presuit mediation; providing
 1679         requirements for the service of a statutory demand to
 1680         participate in presuit mediation; providing
 1681         requirements for mediators and arbitrators selected by
 1682         the parties; authorizing the parties to select a
 1683         mediator or arbitrator who has not been certified by
 1684         the Florida Supreme Court; providing an effective
 1685         date.