Florida Senate - 2020                             CS for SB 1154
       
       
        
       By the Committee on Innovation, Industry, and Technology; and
       Senator Baxley
       
       
       
       
       580-02624-20                                          20201154c1
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         514.0115, F.S.; exempting certain property association
    4         pools from Department of Health regulations; amending
    5         s. 627.714, F.S.; prohibiting subrogation rights
    6         against a condominium association under certain
    7         circumstances; creating s. 712.065, F.S.; defining the
    8         term “discriminatory restriction”; providing that
    9         discriminatory restrictions are unlawful,
   10         unenforceable, and declared null and void; providing
   11         that certain discriminatory restrictions are
   12         extinguished and severed from recorded title
   13         transactions; specifying that the recording of certain
   14         notices does not reimpose or preserve a discriminatory
   15         restriction; providing requirements for a parcel owner
   16         to remove a discriminatory restriction from a covenant
   17         or restriction; amending s. 718.111, F.S.; requiring
   18         that certain records be maintained for a specified
   19         time; prohibiting an association from requiring
   20         certain actions relating to the inspection of records;
   21         revising requirements relating to the posting of
   22         digital copies of certain documents by certain
   23         condominium associations; amending s. 718.112, F.S.;
   24         authorizing condominium associations to extinguish
   25         discriminatory restrictions; specifying that only
   26         board service that occurs on or after a specified date
   27         may be used for calculating a board member’s term
   28         limit; providing requirements for certain notices;
   29         prohibiting an association from charging certain fees;
   30         providing an exception; conforming provisions to
   31         changes made by the act; deleting a prohibition
   32         against employing or contracting with certain service
   33         providers; amending s. 718.113, F.S.; defining the
   34         terms “natural gas fuel” and “natural gas fuel
   35         vehicle”; revising legislative findings; revising
   36         requirements for electric vehicle charging stations;
   37         providing requirements for the installation of natural
   38         gas fuel stations on property governed by condominium
   39         associations; amending s. 718.1255, F.S.; authorizing
   40         parties to initiate presuit mediation under certain
   41         circumstances; specifying when arbitration is binding
   42         on the parties; providing requirements for presuit
   43         mediation; amending s. 718.303, F.S.; revising
   44         requirements for certain actions for failure to comply
   45         with specified provisions; revising requirements for
   46         certain fines; amending s. 718.5014, F.S.; revising
   47         where the principal office of the Office of the
   48         Condominium Ombudsman must be maintained; amending s.
   49         719.103, F.S.; revising the definition of the term
   50         “unit” to specify that an interest in a cooperative
   51         unit is an interest in real property; amending s.
   52         719.104, F.S.; prohibiting an association from
   53         requiring certain actions relating to the inspection
   54         of records; making technical changes; amending s.
   55         719.106, F.S.; revising provisions relating to a
   56         quorum and voting rights for members remotely
   57         participating in meetings; authorizing cooperative
   58         associations to extinguish discriminatory
   59         restrictions; amending s. 720.303, F.S.; authorizing
   60         an association to adopt procedures for electronic
   61         meeting notices; revising the documents that
   62         constitute the official records of an association;
   63         amending s. 720.305, F.S.; providing requirements for
   64         certain fines; amending s. 720.306, F.S.; revising
   65         requirements for providing certain notices; amending
   66         s. 720.3075, F.S.; authorizing homeowners’
   67         associations to extinguish discriminatory
   68         restrictions; providing an effective date.
   69          
   70  Be It Enacted by the Legislature of the State of Florida:
   71  
   72         Section 1. Paragraph (a) of subsection (2) of section
   73  514.0115, Florida Statutes, is amended to read:
   74         514.0115 Exemptions from supervision or regulation;
   75  variances.—
   76         (2)(a) Pools serving condominium, cooperative, and
   77  homeowners’ associations, as well as other property
   78  associations, which have no more than 32 condominium or
   79  cooperative units or parcels and which are not operated as a
   80  public lodging establishments are establishment shall be exempt
   81  from supervision under this chapter, except for water quality.
   82         Section 2. Subsection (4) of section 627.714, Florida
   83  Statutes, is amended to read:
   84         627.714 Residential condominium unit owner coverage; loss
   85  assessment coverage required.—
   86         (4) Every individual unit owner’s residential property
   87  policy must contain a provision stating that the coverage
   88  afforded by such policy is excess coverage over the amount
   89  recoverable under any other policy covering the same property.
   90  If a condominium association’s insurance policy does not provide
   91  rights for subrogation against the unit owners in the
   92  association, an insurance policy issued to an individual unit
   93  owner located in the association may not provide rights of
   94  subrogation against the condominium association.
   95         Section 3. Section 712.065, Florida Statutes, is created to
   96  read:
   97         712.065 Extinguishment of discriminatory restrictions.—
   98         (1)As used in this section, the term “discriminatory
   99  restriction” means a provision in a title transaction recorded
  100  in this state which restricts the ownership, occupancy, or use
  101  of any real property in this state by any natural person on the
  102  basis of a characteristic that has been held, or is held after
  103  July 1, 2020, by the United States Supreme Court or the Florida
  104  Supreme Court to be protected against discrimination under the
  105  Fourteenth Amendment to the United States Constitution or under
  106  s. 2, Art. I of the State Constitution, including race, color,
  107  national origin, religion, gender, or physical disability.
  108         (2)A discriminatory restriction is not enforceable in this
  109  state, and all discriminatory restrictions contained in any
  110  title transaction recorded in this state are unlawful, are
  111  unenforceable, and are declared null and void. Any
  112  discriminatory restriction contained in a previously recorded
  113  title transaction is extinguished and severed from the recorded
  114  title transaction and the remainder of the title transaction
  115  remains enforceable and effective. The recording of any notice
  116  preserving or protecting interests or rights pursuant to s.
  117  712.05 does not reimpose or preserve any discriminatory
  118  restriction that is extinguished under this section.
  119         (3)Upon request of a parcel owner, a discriminatory
  120  restriction appearing in a covenant or restriction affecting the
  121  parcel may be removed from the covenant or restriction by an
  122  amendment approved by a majority vote of the board of directors
  123  of the respective property owners’ association or an owners’
  124  association in which all owners may voluntarily join,
  125  notwithstanding any other requirements for approval of an
  126  amendment of the covenant or restriction. Unless the amendment
  127  also changes other provisions of the covenant or restriction,
  128  the recording of an amendment removing a discriminatory
  129  restriction does not constitute a title transaction occurring
  130  after the root of title for purposes of s. 712.03(4).
  131         Section 4. Paragraphs (a), (b), (c), and (g) of subsection
  132  (12) of section 718.111, Florida Statutes, are amended to read:
  133         718.111 The association.—
  134         (12) OFFICIAL RECORDS.—
  135         (a) From the inception of the association, the association
  136  shall maintain each of the following items, if applicable, which
  137  constitutes the official records of the association:
  138         1. A copy of the plans, permits, warranties, and other
  139  items provided by the developer pursuant to s. 718.301(4).
  140         2. A photocopy of the recorded declaration of condominium
  141  of each condominium operated by the association and each
  142  amendment to each declaration.
  143         3. A photocopy of the recorded bylaws of the association
  144  and each amendment to the bylaws.
  145         4. A certified copy of the articles of incorporation of the
  146  association, or other documents creating the association, and
  147  each amendment thereto.
  148         5. A copy of the current rules of the association.
  149         6. A book or books that contain the minutes of all meetings
  150  of the association, the board of administration, and the unit
  151  owners.
  152         7. A current roster of all unit owners and their mailing
  153  addresses, unit identifications, voting certifications, and, if
  154  known, telephone numbers. The association shall also maintain
  155  the e-mail addresses and facsimile numbers of unit owners
  156  consenting to receive notice by electronic transmission. The e
  157  mail addresses and facsimile numbers are not accessible to unit
  158  owners if consent to receive notice by electronic transmission
  159  is not provided in accordance with sub-subparagraph (c)3.e.
  160  However, the association is not liable for an inadvertent
  161  disclosure of the e-mail address or facsimile number for
  162  receiving electronic transmission of notices.
  163         8. All current insurance policies of the association and
  164  condominiums operated by the association.
  165         9. A current copy of any management agreement, lease, or
  166  other contract to which the association is a party or under
  167  which the association or the unit owners have an obligation or
  168  responsibility.
  169         10. Bills of sale or transfer for all property owned by the
  170  association.
  171         11. Accounting records for the association and separate
  172  accounting records for each condominium that the association
  173  operates. Any person who knowingly or intentionally defaces or
  174  destroys such records, or who knowingly or intentionally fails
  175  to create or maintain such records, with the intent of causing
  176  harm to the association or one or more of its members, is
  177  personally subject to a civil penalty pursuant to s.
  178  718.501(1)(d). The accounting records must include, but are not
  179  limited to:
  180         a. Accurate, itemized, and detailed records of all receipts
  181  and expenditures.
  182         b. A current account and a monthly, bimonthly, or quarterly
  183  statement of the account for each unit designating the name of
  184  the unit owner, the due date and amount of each assessment, the
  185  amount paid on the account, and the balance due.
  186         c. All audits, reviews, accounting statements, and
  187  financial reports of the association or condominium.
  188         d. All contracts for work to be performed. Bids for work to
  189  be performed are also considered official records and must be
  190  maintained by the association for at least 1 year after receipt
  191  of the bid.
  192         12. Ballots, sign-in sheets, voting proxies, and all other
  193  papers and electronic records relating to voting by unit owners,
  194  which must be maintained for 1 year from the date of the
  195  election, vote, or meeting to which the document relates,
  196  notwithstanding paragraph (b).
  197         13. All rental records if the association is acting as
  198  agent for the rental of condominium units.
  199         14. A copy of the current question and answer sheet as
  200  described in s. 718.504.
  201         15. All other written records of the association not
  202  specifically included in the foregoing which are related to the
  203  operation of the association.
  204         16. A copy of the inspection report as described in s.
  205  718.301(4)(p).
  206         16.17. Bids for materials, equipment, or services.
  207         17.All other written records of the association not
  208  specifically included in subparagraphs 1.-16. which are related
  209  to the operation of the association.
  210         (b) The official records specified in subparagraphs (a)1.
  211  6. must be permanently maintained from the inception of the
  212  association. Bids for work to be performed or for materials,
  213  equipment, or services must be maintained for at least 1 year
  214  after receipt of the bid. All other official records must be
  215  maintained within the state for at least 7 years, unless
  216  otherwise provided by general law. The records of the
  217  association shall be made available to a unit owner within 45
  218  miles of the condominium property or within the county in which
  219  the condominium property is located within 10 working days after
  220  receipt of a written request by the board or its designee.
  221  However, such distance requirement does not apply to an
  222  association governing a timeshare condominium. This paragraph
  223  may be complied with by having a copy of the official records of
  224  the association available for inspection or copying on the
  225  condominium property or association property, or the association
  226  may offer the option of making the records available to a unit
  227  owner electronically via the Internet or by allowing the records
  228  to be viewed in electronic format on a computer screen and
  229  printed upon request. The association is not responsible for the
  230  use or misuse of the information provided to an association
  231  member or his or her authorized representative in pursuant to
  232  the compliance with requirements of this chapter unless the
  233  association has an affirmative duty not to disclose such
  234  information under pursuant to this chapter.
  235         (c)1. The official records of the association are open to
  236  inspection by any association member or the authorized
  237  representative of such member at all reasonable times. The right
  238  to inspect the records includes the right to make or obtain
  239  copies, at the reasonable expense, if any, of the member or
  240  authorized representative of such member. A renter of a unit has
  241  a right to inspect and copy the association’s bylaws and rules.
  242  The association may adopt reasonable rules regarding the
  243  frequency, time, location, notice, and manner of record
  244  inspections and copying, but may not require a member to
  245  demonstrate any purpose or state any reason for the inspection.
  246  The failure of an association to provide the records within 10
  247  working days after receipt of a written request creates a
  248  rebuttable presumption that the association willfully failed to
  249  comply with this paragraph. A unit owner who is denied access to
  250  official records is entitled to the actual damages or minimum
  251  damages for the association’s willful failure to comply. Minimum
  252  damages are $50 per calendar day for up to 10 days, beginning on
  253  the 11th working day after receipt of the written request. The
  254  failure to permit inspection entitles any person prevailing in
  255  an enforcement action to recover reasonable attorney fees from
  256  the person in control of the records who, directly or
  257  indirectly, knowingly denied access to the records.
  258         2. Any person who knowingly or intentionally defaces or
  259  destroys accounting records that are required by this chapter to
  260  be maintained during the period for which such records are
  261  required to be maintained, or who knowingly or intentionally
  262  fails to create or maintain accounting records that are required
  263  to be created or maintained, with the intent of causing harm to
  264  the association or one or more of its members, is personally
  265  subject to a civil penalty under pursuant to s. 718.501(1)(d).
  266         3. The association shall maintain an adequate number of
  267  copies of the declaration, articles of incorporation, bylaws,
  268  and rules, and all amendments to each of the foregoing, as well
  269  as the question and answer sheet as described in s. 718.504 and
  270  year-end financial information required under this section, on
  271  the condominium property to ensure their availability to unit
  272  owners and prospective purchasers, and may charge its actual
  273  costs for preparing and furnishing these documents to those
  274  requesting the documents. An association shall allow a member or
  275  his or her authorized representative to use a portable device,
  276  including a smartphone, tablet, portable scanner, or any other
  277  technology capable of scanning or taking photographs, to make an
  278  electronic copy of the official records in lieu of the
  279  association’s providing the member or his or her authorized
  280  representative with a copy of such records. The association may
  281  not charge a member or his or her authorized representative for
  282  the use of a portable device. Notwithstanding this paragraph,
  283  the following records are not accessible to unit owners:
  284         a. Any record protected by the lawyer-client privilege as
  285  described in s. 90.502 and any record protected by the work
  286  product privilege, including a record prepared by an association
  287  attorney or prepared at the attorney’s express direction, which
  288  reflects a mental impression, conclusion, litigation strategy,
  289  or legal theory of the attorney or the association, and which
  290  was prepared exclusively for civil or criminal litigation or for
  291  adversarial administrative proceedings, or which was prepared in
  292  anticipation of such litigation or proceedings until the
  293  conclusion of the litigation or proceedings.
  294         b. Information obtained by an association in connection
  295  with the approval of the lease, sale, or other transfer of a
  296  unit.
  297         c. Personnel records of association or management company
  298  employees, including, but not limited to, disciplinary, payroll,
  299  health, and insurance records. For purposes of this sub
  300  subparagraph, the term “personnel records” does not include
  301  written employment agreements with an association employee or
  302  management company, or budgetary or financial records that
  303  indicate the compensation paid to an association employee.
  304         d. Medical records of unit owners.
  305         e. Social security numbers, driver license numbers, credit
  306  card numbers, e-mail addresses, telephone numbers, facsimile
  307  numbers, emergency contact information, addresses of a unit
  308  owner other than as provided to fulfill the association’s notice
  309  requirements, and other personal identifying information of any
  310  person, excluding the person’s name, unit designation, mailing
  311  address, property address, and any address, e-mail address, or
  312  facsimile number provided to the association to fulfill the
  313  association’s notice requirements. Notwithstanding the
  314  restrictions in this sub-subparagraph, an association may print
  315  and distribute to unit parcel owners a directory containing the
  316  name, unit parcel address, and all telephone numbers of each
  317  unit parcel owner. However, an owner may exclude his or her
  318  telephone numbers from the directory by so requesting in writing
  319  to the association. An owner may consent in writing to the
  320  disclosure of other contact information described in this sub
  321  subparagraph. The association is not liable for the inadvertent
  322  disclosure of information that is protected under this sub
  323  subparagraph if the information is included in an official
  324  record of the association and is voluntarily provided by an
  325  owner and not requested by the association.
  326         f. Electronic security measures that are used by the
  327  association to safeguard data, including passwords.
  328         g. The software and operating system used by the
  329  association which allow the manipulation of data, even if the
  330  owner owns a copy of the same software used by the association.
  331  The data is part of the official records of the association.
  332         (g)1. By January 1, 2019, an association managing a
  333  condominium with 150 or more units which does not contain
  334  timeshare units shall post digital copies of the documents
  335  specified in subparagraph 2. on its website or make such
  336  documents available through an application that can be
  337  downloaded on a mobile device.
  338         a. The association’s website or application must be:
  339         (I) An independent website, application, or web portal
  340  wholly owned and operated by the association; or
  341         (II) A website, application, or web portal operated by a
  342  third-party provider with whom the association owns, leases,
  343  rents, or otherwise obtains the right to operate a web page,
  344  subpage, web portal, or collection of subpages or web portals,
  345  or application which is dedicated to the association’s
  346  activities and on which required notices, records, and documents
  347  may be posted or made available by the association.
  348         b. The association’s website or application must be
  349  accessible through the Internet and must contain a subpage, web
  350  portal, or other protected electronic location that is
  351  inaccessible to the general public and accessible only to unit
  352  owners and employees of the association.
  353         c. Upon a unit owner’s written request, the association
  354  must provide the unit owner with a username and password and
  355  access to the protected sections of the association’s website or
  356  application that contain any notices, records, or documents that
  357  must be electronically provided.
  358         2. A current copy of the following documents must be posted
  359  in digital format on the association’s website or application:
  360         a. The recorded declaration of condominium of each
  361  condominium operated by the association and each amendment to
  362  each declaration.
  363         b. The recorded bylaws of the association and each
  364  amendment to the bylaws.
  365         c. The articles of incorporation of the association, or
  366  other documents creating the association, and each amendment to
  367  the articles of incorporation or other documents thereto. The
  368  copy posted pursuant to this sub-subparagraph must be a copy of
  369  the articles of incorporation filed with the Department of
  370  State.
  371         d. The rules of the association.
  372         e. A list of all executory contracts or documents to which
  373  the association is a party or under which the association or the
  374  unit owners have an obligation or responsibility and, after
  375  bidding for the related materials, equipment, or services has
  376  closed, a list of bids received by the association within the
  377  past year. Summaries of bids for materials, equipment, or
  378  services which exceed $500 must be maintained on the website or
  379  application for 1 year. In lieu of summaries, complete copies of
  380  the bids may be posted.
  381         f. The annual budget required by s. 718.112(2)(f) and any
  382  proposed budget to be considered at the annual meeting.
  383         g. The financial report required by subsection (13) and any
  384  monthly income or expense statement to be considered at a
  385  meeting.
  386         h. The certification of each director required by s.
  387  718.112(2)(d)4.b.
  388         i. All contracts or transactions between the association
  389  and any director, officer, corporation, firm, or association
  390  that is not an affiliated condominium association or any other
  391  entity in which an association director is also a director or
  392  officer and financially interested.
  393         j. Any contract or document regarding a conflict of
  394  interest or possible conflict of interest as provided in ss.
  395  468.436(2)(b)6. and 718.3027(3).
  396         k. The notice of any unit owner meeting and the agenda for
  397  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  398  days before the meeting. The notice must be posted in plain view
  399  on the front page of the website or application, or on a
  400  separate subpage of the website or application labeled “Notices”
  401  which is conspicuously visible and linked from the front page.
  402  The association must also post on its website or application any
  403  document to be considered and voted on by the owners during the
  404  meeting or any document listed on the agenda at least 7 days
  405  before the meeting at which the document or the information
  406  within the document will be considered.
  407         l. Notice of any board meeting, the agenda, and any other
  408  document required for the meeting as required by s.
  409  718.112(2)(c), which must be posted no later than the date
  410  required for notice under pursuant to s. 718.112(2)(c).
  411         3. The association shall ensure that the information and
  412  records described in paragraph (c), which are not allowed to be
  413  accessible to unit owners, are not posted on the association’s
  414  website or application. If protected information or information
  415  restricted from being accessible to unit owners is included in
  416  documents that are required to be posted on the association’s
  417  website or application, the association shall ensure the
  418  information is redacted before posting the documents online.
  419  Notwithstanding the foregoing, the association or its agent is
  420  not liable for disclosing information that is protected or
  421  restricted under pursuant to this paragraph unless such
  422  disclosure was made with a knowing or intentional disregard of
  423  the protected or restricted nature of such information.
  424         4. The failure of the association to post information
  425  required under subparagraph 2. is not in and of itself
  426  sufficient to invalidate any action or decision of the
  427  association’s board or its committees.
  428         Section 5. Paragraphs (d), (i), (k), and (p) of subsection
  429  (2) of section 718.112, Florida Statutes, are amended, and
  430  paragraph (c) is added to subsection (1) of that section, to
  431  read:
  432         718.112 Bylaws.—
  433         (1) GENERALLY.—
  434         (c)The association may extinguish a discriminatory
  435  restriction, as defined in s. 712.065(1), pursuant to s.
  436  712.065.
  437         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  438  following and, if they do not do so, shall be deemed to include
  439  the following:
  440         (d) Unit owner meetings.—
  441         1. An annual meeting of the unit owners must be held at the
  442  location provided in the association bylaws and, if the bylaws
  443  are silent as to the location, the meeting must be held within
  444  45 miles of the condominium property. However, such distance
  445  requirement does not apply to an association governing a
  446  timeshare condominium.
  447         2. Unless the bylaws provide otherwise, a vacancy on the
  448  board caused by the expiration of a director’s term must be
  449  filled by electing a new board member, and the election must be
  450  by secret ballot. An election is not required if the number of
  451  vacancies equals or exceeds the number of candidates. For
  452  purposes of this paragraph, the term “candidate” means an
  453  eligible person who has timely submitted the written notice, as
  454  described in sub-subparagraph 4.a., of his or her intention to
  455  become a candidate. Except in a timeshare or nonresidential
  456  condominium, or if the staggered term of a board member does not
  457  expire until a later annual meeting, or if all members’ terms
  458  would otherwise expire but there are no candidates, the terms of
  459  all board members expire at the annual meeting, and such members
  460  may stand for reelection unless prohibited by the bylaws. Board
  461  members may serve terms longer than 1 year if permitted by the
  462  bylaws or articles of incorporation. A board member may not
  463  serve more than 8 consecutive years unless approved by an
  464  affirmative vote of unit owners representing two-thirds of all
  465  votes cast in the election or unless there are not enough
  466  eligible candidates to fill the vacancies on the board at the
  467  time of the vacancy. Only board service that occurs on or after
  468  July 1, 2018, may be used when calculating a board member’s term
  469  limit. If the number of board members whose terms expire at the
  470  annual meeting equals or exceeds the number of candidates, the
  471  candidates become members of the board effective upon the
  472  adjournment of the annual meeting. Unless the bylaws provide
  473  otherwise, any remaining vacancies shall be filled by the
  474  affirmative vote of the majority of the directors making up the
  475  newly constituted board even if the directors constitute less
  476  than a quorum or there is only one director. In a residential
  477  condominium association of more than 10 units or in a
  478  residential condominium association that does not include
  479  timeshare units or timeshare interests, co-owners of a unit may
  480  not serve as members of the board of directors at the same time
  481  unless they own more than one unit or unless there are not
  482  enough eligible candidates to fill the vacancies on the board at
  483  the time of the vacancy. A unit owner in a residential
  484  condominium desiring to be a candidate for board membership must
  485  comply with sub-subparagraph 4.a. and must be eligible to be a
  486  candidate to serve on the board of directors at the time of the
  487  deadline for submitting a notice of intent to run in order to
  488  have his or her name listed as a proper candidate on the ballot
  489  or to serve on the board. A person who has been suspended or
  490  removed by the division under this chapter, or who is delinquent
  491  in the payment of any monetary obligation due to the
  492  association, is not eligible to be a candidate for board
  493  membership and may not be listed on the ballot. A person who has
  494  been convicted of any felony in this state or in a United States
  495  District or Territorial Court, or who has been convicted of any
  496  offense in another jurisdiction which would be considered a
  497  felony if committed in this state, is not eligible for board
  498  membership unless such felon’s civil rights have been restored
  499  for at least 5 years as of the date such person seeks election
  500  to the board. The validity of an action by the board is not
  501  affected if it is later determined that a board member is
  502  ineligible for board membership due to having been convicted of
  503  a felony. This subparagraph does not limit the term of a member
  504  of the board of a nonresidential or timeshare condominium.
  505         3. The bylaws must provide the method of calling meetings
  506  of unit owners, including annual meetings. Written notice of an
  507  annual meeting must include an agenda;, must be mailed, hand
  508  delivered, or electronically transmitted to each unit owner at
  509  least 14 days before the annual meeting;, and must be posted in
  510  a conspicuous place on the condominium property at least 14
  511  continuous days before the annual meeting. Written notice of a
  512  meeting other than an annual meeting must include an agenda; be
  513  mailed, hand delivered, or electronically transmitted to each
  514  unit owner; and be posted in a conspicuous place on the
  515  condominium property in accordance with the minimum period of
  516  time for posting a notice as set forth in the bylaws, or if the
  517  bylaws do not provide such notice requirements, at least 14
  518  continuous days before the meeting. Upon notice to the unit
  519  owners, the board shall, by duly adopted rule, designate a
  520  specific location on the condominium property where all notices
  521  of unit owner meetings must be posted. This requirement does not
  522  apply if there is no condominium property for posting notices.
  523  In lieu of, or in addition to, the physical posting of meeting
  524  notices, the association may, by reasonable rule, adopt a
  525  procedure for conspicuously posting and repeatedly broadcasting
  526  the notice and the agenda on a closed-circuit cable television
  527  system serving the condominium association. However, if
  528  broadcast notice is used in lieu of a notice posted physically
  529  on the condominium property, the notice and agenda must be
  530  broadcast at least four times every broadcast hour of each day
  531  that a posted notice is otherwise required under this section.
  532  If broadcast notice is provided, the notice and agenda must be
  533  broadcast in a manner and for a sufficient continuous length of
  534  time so as to allow an average reader to observe the notice and
  535  read and comprehend the entire content of the notice and the
  536  agenda. In addition to any of the authorized means of providing
  537  notice of a meeting of the board, the association may, by rule,
  538  adopt a procedure for conspicuously posting the meeting notice
  539  and the agenda on a website serving the condominium association
  540  for at least the minimum period of time for which a notice of a
  541  meeting is also required to be physically posted on the
  542  condominium property. Any rule adopted shall, in addition to
  543  other matters, include a requirement that the association send
  544  an electronic notice in the same manner as a notice for a
  545  meeting of the members, which must include a hyperlink to the
  546  website where the notice is posted, to unit owners whose e-mail
  547  addresses are included in the association’s official records.
  548  Unless a unit owner waives in writing the right to receive
  549  notice of the annual meeting, such notice must be hand
  550  delivered, mailed, or electronically transmitted to each unit
  551  owner. Notice for meetings and notice for all other purposes
  552  must be mailed to each unit owner at the address last furnished
  553  to the association by the unit owner, or hand delivered to each
  554  unit owner. However, if a unit is owned by more than one person,
  555  the association must provide notice to the address that the
  556  developer identifies for that purpose and thereafter as one or
  557  more of the owners of the unit advise the association in
  558  writing, or if no address is given or the owners of the unit do
  559  not agree, to the address provided on the deed of record. An
  560  officer of the association, or the manager or other person
  561  providing notice of the association meeting, must provide an
  562  affidavit or United States Postal Service certificate of
  563  mailing, to be included in the official records of the
  564  association affirming that the notice was mailed or hand
  565  delivered in accordance with this provision.
  566         4. The members of the board of a residential condominium
  567  shall be elected by written ballot or voting machine. Proxies
  568  may not be used in electing the board in general elections or
  569  elections to fill vacancies caused by recall, resignation, or
  570  otherwise, unless otherwise provided in this chapter. This
  571  subparagraph does not apply to an association governing a
  572  timeshare condominium.
  573         a. At least 60 days before a scheduled election, the
  574  association shall mail, deliver, or electronically transmit, by
  575  separate association mailing or included in another association
  576  mailing, delivery, or transmission, including regularly
  577  published newsletters, to each unit owner entitled to a vote, a
  578  first notice of the date of the election. A unit owner or other
  579  eligible person desiring to be a candidate for the board must
  580  give written notice of his or her intent to be a candidate to
  581  the association at least 40 days before a scheduled election.
  582  Together with the written notice and agenda as set forth in
  583  subparagraph 3., the association shall mail, deliver, or
  584  electronically transmit a second notice of the election to all
  585  unit owners entitled to vote, together with a ballot that lists
  586  all candidates, not less than 14 days or more than 34 days
  587  before the date of the election. Upon request of a candidate, an
  588  information sheet, no larger than 8 1/2 inches by 11 inches,
  589  which must be furnished by the candidate at least 35 days before
  590  the election, must be included with the mailing, delivery, or
  591  transmission of the ballot, with the costs of mailing, delivery,
  592  or electronic transmission and copying to be borne by the
  593  association. The association is not liable for the contents of
  594  the information sheets prepared by the candidates. In order to
  595  reduce costs, the association may print or duplicate the
  596  information sheets on both sides of the paper. The division
  597  shall by rule establish voting procedures consistent with this
  598  sub-subparagraph, including rules establishing procedures for
  599  giving notice by electronic transmission and rules providing for
  600  the secrecy of ballots. Elections shall be decided by a
  601  plurality of ballots cast. There is no quorum requirement;
  602  however, at least 20 percent of the eligible voters must cast a
  603  ballot in order to have a valid election. A unit owner may not
  604  authorize any other person to vote his or her ballot, and any
  605  ballots improperly cast are invalid. A unit owner who violates
  606  this provision may be fined by the association in accordance
  607  with s. 718.303. A unit owner who needs assistance in casting
  608  the ballot for the reasons stated in s. 101.051 may obtain such
  609  assistance. The regular election must occur on the date of the
  610  annual meeting. Notwithstanding this sub-subparagraph, an
  611  election is not required unless more candidates file notices of
  612  intent to run or are nominated than board vacancies exist.
  613         b. Within 90 days after being elected or appointed to the
  614  board of an association of a residential condominium, each newly
  615  elected or appointed director shall certify in writing to the
  616  secretary of the association that he or she has read the
  617  association’s declaration of condominium, articles of
  618  incorporation, bylaws, and current written policies; that he or
  619  she will work to uphold such documents and policies to the best
  620  of his or her ability; and that he or she will faithfully
  621  discharge his or her fiduciary responsibility to the
  622  association’s members. In lieu of this written certification,
  623  within 90 days after being elected or appointed to the board,
  624  the newly elected or appointed director may submit a certificate
  625  of having satisfactorily completed the educational curriculum
  626  administered by a division-approved condominium education
  627  provider within 1 year before or 90 days after the date of
  628  election or appointment. The written certification or
  629  educational certificate is valid and does not have to be
  630  resubmitted as long as the director serves on the board without
  631  interruption. A director of an association of a residential
  632  condominium who fails to timely file the written certification
  633  or educational certificate is suspended from service on the
  634  board until he or she complies with this sub-subparagraph. The
  635  board may temporarily fill the vacancy during the period of
  636  suspension. The secretary shall cause the association to retain
  637  a director’s written certification or educational certificate
  638  for inspection by the members for 5 years after a director’s
  639  election or the duration of the director’s uninterrupted tenure,
  640  whichever is longer. Failure to have such written certification
  641  or educational certificate on file does not affect the validity
  642  of any board action.
  643         c. Any challenge to the election process must be commenced
  644  within 60 days after the election results are announced.
  645         5. Any approval by unit owners called for by this chapter
  646  or the applicable declaration or bylaws, including, but not
  647  limited to, the approval requirement in s. 718.111(8), must be
  648  made at a duly noticed meeting of unit owners and is subject to
  649  all requirements of this chapter or the applicable condominium
  650  documents relating to unit owner decisionmaking, except that
  651  unit owners may take action by written agreement, without
  652  meetings, on matters for which action by written agreement
  653  without meetings is expressly allowed by the applicable bylaws
  654  or declaration or any law that provides for such action.
  655         6. Unit owners may waive notice of specific meetings if
  656  allowed by the applicable bylaws or declaration or any law.
  657  Notice of meetings of the board of administration, unit owner
  658  meetings, except unit owner meetings called to recall board
  659  members under paragraph (j), and committee meetings may be given
  660  by electronic transmission to unit owners who consent to receive
  661  notice by electronic transmission. A unit owner who consents to
  662  receiving notices by electronic transmission is solely
  663  responsible for removing or bypassing filters that block receipt
  664  of mass e-mails emails sent to members on behalf of the
  665  association in the course of giving electronic notices.
  666         7. Unit owners have the right to participate in meetings of
  667  unit owners with reference to all designated agenda items.
  668  However, the association may adopt reasonable rules governing
  669  the frequency, duration, and manner of unit owner participation.
  670         8. A unit owner may tape record or videotape a meeting of
  671  the unit owners subject to reasonable rules adopted by the
  672  division.
  673         9. Unless otherwise provided in the bylaws, any vacancy
  674  occurring on the board before the expiration of a term may be
  675  filled by the affirmative vote of the majority of the remaining
  676  directors, even if the remaining directors constitute less than
  677  a quorum, or by the sole remaining director. In the alternative,
  678  a board may hold an election to fill the vacancy, in which case
  679  the election procedures must conform to sub-subparagraph 4.a.
  680  unless the association governs 10 units or fewer and has opted
  681  out of the statutory election process, in which case the bylaws
  682  of the association control. Unless otherwise provided in the
  683  bylaws, a board member appointed or elected under this section
  684  shall fill the vacancy for the unexpired term of the seat being
  685  filled. Filling vacancies created by recall is governed by
  686  paragraph (j) and rules adopted by the division.
  687         10. This chapter does not limit the use of general or
  688  limited proxies, require the use of general or limited proxies,
  689  or require the use of a written ballot or voting machine for any
  690  agenda item or election at any meeting of a timeshare
  691  condominium association or nonresidential condominium
  692  association.
  693  
  694  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  695  association of 10 or fewer units may, by affirmative vote of a
  696  majority of the total voting interests, provide for different
  697  voting and election procedures in its bylaws, which may be by a
  698  proxy specifically delineating the different voting and election
  699  procedures. The different voting and election procedures may
  700  provide for elections to be conducted by limited or general
  701  proxy.
  702         (i) Transfer fees.An association may not no charge an
  703  applicant any fees, except the actual costs of any background
  704  check or screening performed shall be made by the association,
  705  or any body thereof in connection with the sale, mortgage,
  706  lease, sublease, or other transfer of a unit unless the
  707  association is required to approve such transfer and a fee for
  708  such approval is provided for in the declaration, articles, or
  709  bylaws. Except for the actual costs of any background check or
  710  screening performed by the association, any such fee may be
  711  preset, but may not in no event may such fee exceed $100 per
  712  applicant other than spouses or parent and dependent child, who
  713  husband/wife or parent/dependent child, which are considered one
  714  applicant. However, if the lease or sublease is a renewal of a
  715  lease or sublease with the same lessee or sublessee, a charge
  716  may not no charge shall be made. The foregoing notwithstanding,
  717  an association may, if the authority to do so appears in the
  718  declaration, articles, or bylaws, require that a prospective
  719  lessee place a security deposit, in an amount not to exceed the
  720  equivalent of 1 month’s rent, into an escrow account maintained
  721  by the association. The security deposit shall protect against
  722  damages to the common elements or association property. Payment
  723  of interest, claims against the deposit, refunds, and disputes
  724  under this paragraph shall be handled in the same fashion as
  725  provided in part II of chapter 83.
  726         (k) Alternative Dispute Resolution Arbitration.— There must
  727  shall be a provision for mandatory alternative dispute
  728  resolution nonbinding arbitration as provided for in s. 718.1255
  729  for any residential condominium.
  730         (p)Service providers; conflicts of interest.—An
  731  association, which is not a timeshare condominium association,
  732  may not employ or contract with any service provider that is
  733  owned or operated by a board member or with any person who has a
  734  financial relationship with a board member or officer, or a
  735  relative within the third degree of consanguinity by blood or
  736  marriage of a board member or officer. This paragraph does not
  737  apply to a service provider in which a board member or officer,
  738  or a relative within the third degree of consanguinity by blood
  739  or marriage of a board member or officer, owns less than 1
  740  percent of the equity shares.
  741         Section 6. Subsection (8) of section 718.113, Florida
  742  Statutes, is amended to read:
  743         718.113 Maintenance; limitation upon improvement; display
  744  of flag; hurricane shutters and protection; display of religious
  745  decorations.—
  746         (8) The Legislature finds that the use of electric and
  747  natural gas fuel vehicles conserves and protects the state’s
  748  environmental resources, provides significant economic savings
  749  to drivers, and serves an important public interest. The
  750  participation of condominium associations is essential to the
  751  state’s efforts to conserve and protect the state’s
  752  environmental resources and provide economic savings to drivers.
  753  For purposes of this subsection, the term “natural gas fuel” has
  754  the same meaning as in s. 206.9951, and the term “natural gas
  755  fuel vehicle” means any motor vehicle, as defined in s.
  756  320.01(1), powered by natural gas fuel. Therefore, the
  757  installation of an electric vehicle charging or natural gas fuel
  758  station shall be governed as follows:
  759         (a) A declaration of condominium or restrictive covenant
  760  may not prohibit or be enforced so as to prohibit any unit owner
  761  from installing an electric vehicle charging or natural gas fuel
  762  station within the boundaries of the unit owner’s limited common
  763  element or exclusively designated parking area. The board of
  764  administration of a condominium association may not prohibit a
  765  unit owner from installing an electric vehicle charging station
  766  for an electric vehicle, as defined in s. 320.01, or a natural
  767  gas fuel station for a natural gas fuel vehicle within the
  768  boundaries of his or her limited common element or exclusively
  769  designated parking area. The installation of such charging or
  770  fuel stations are subject to the provisions of this subsection.
  771         (b) The installation may not cause irreparable damage to
  772  the condominium property.
  773         (c) The electricity for the electric vehicle charging or
  774  natural gas fuel station must be separately metered or metered
  775  by an embedded meter and payable by the unit owner installing
  776  such charging or fuel station or by his or her successor.
  777         (d)The cost for supply and storage of the natural gas fuel
  778  must be paid by the unit owner installing the natural gas fuel
  779  station or by his or her successor.
  780         (e)(d) The unit owner who is installing an electric vehicle
  781  charging or natural gas fuel station is responsible for the
  782  costs of installation, operation, maintenance, and repair,
  783  including, but not limited to, hazard and liability insurance.
  784  The association may enforce payment of such costs under pursuant
  785  to s. 718.116.
  786         (f)(e) If the unit owner or his or her successor decides
  787  there is no longer a need for the electronic vehicle charging or
  788  natural gas fuel station, such person is responsible for the
  789  cost of removal of such the electronic vehicle charging or fuel
  790  station. The association may enforce payment of such costs under
  791  pursuant to s. 718.116.
  792         (g)The unit owner installing, maintaining, or removing the
  793  electric vehicle charging or natural gas fuel station is
  794  responsible for complying with all federal, state, or local laws
  795  and regulations applicable to such installation, maintenance, or
  796  removal.
  797         (h)(f) The association may require the unit owner to:
  798         1. Comply with bona fide safety requirements, consistent
  799  with applicable building codes or recognized safety standards,
  800  for the protection of persons and property.
  801         2. Comply with reasonable architectural standards adopted
  802  by the association that govern the dimensions, placement, or
  803  external appearance of the electric vehicle charging or natural
  804  gas fuel station, provided that such standards may not prohibit
  805  the installation of such charging or fuel station or
  806  substantially increase the cost thereof.
  807         3. Engage the services of a licensed and registered firm
  808  electrical contractor or engineer familiar with the installation
  809  or removal and core requirements of an electric vehicle charging
  810  or natural gas fuel station.
  811         4. Provide a certificate of insurance naming the
  812  association as an additional insured on the owner’s insurance
  813  policy for any claim related to the installation, maintenance,
  814  or use of the electric vehicle charging or natural gas fuel
  815  station within 14 days after receiving the association’s
  816  approval to install such charging or fuel station or notice to
  817  provide such a certificate.
  818         5. Reimburse the association for the actual cost of any
  819  increased insurance premium amount attributable to the electric
  820  vehicle charging or natural gas fuel station within 14 days
  821  after receiving the association’s insurance premium invoice.
  822         (i)(g) The association provides an implied easement across
  823  the common elements of the condominium property to the unit
  824  owner for purposes of the installation of the electric vehicle
  825  charging or natural gas fuel station installation, and the
  826  furnishing of electrical power or natural gas fuel supply,
  827  including any necessary equipment, to such charging or fuel
  828  station, subject to the requirements of this subsection.
  829         Section 7. Section 718.1255, Florida Statutes, is amended
  830  to read:
  831         718.1255 Alternative dispute resolution; voluntary
  832  mediation; mandatory nonbinding arbitration; legislative
  833  findings.—
  834         (1) DEFINITIONS.—As used in this section, the term
  835  “dispute” means any disagreement between two or more parties
  836  that involves:
  837         (a) The authority of the board of directors, under this
  838  chapter or association document to:
  839         1. Require any owner to take any action, or not to take any
  840  action, involving that owner’s unit or the appurtenances
  841  thereto.
  842         2. Alter or add to a common area or element.
  843         (b) The failure of a governing body, when required by this
  844  chapter or an association document, to:
  845         1. Properly conduct elections.
  846         2. Give adequate notice of meetings or other actions.
  847         3. Properly conduct meetings.
  848         4. Allow inspection of books and records.
  849         (c) A plan of termination pursuant to s. 718.117.
  850  
  851  “Dispute” does not include any disagreement that primarily
  852  involves: title to any unit or common element; the
  853  interpretation or enforcement of any warranty; the levy of a fee
  854  or assessment, or the collection of an assessment levied against
  855  a party; the eviction or other removal of a tenant from a unit;
  856  alleged breaches of fiduciary duty by one or more directors; or
  857  claims for damages to a unit based upon the alleged failure of
  858  the association to maintain the common elements or condominium
  859  property.
  860         (2) VOLUNTARY MEDIATION.—Voluntary mediation through
  861  Citizen Dispute Settlement Centers as provided for in s. 44.201
  862  is encouraged.
  863         (3) LEGISLATIVE FINDINGS.—
  864         (a) The Legislature finds that unit owners are frequently
  865  at a disadvantage when litigating against an association.
  866  Specifically, a condominium association, with its statutory
  867  assessment authority, is often more able to bear the costs and
  868  expenses of litigation than the unit owner who must rely on his
  869  or her own financial resources to satisfy the costs of
  870  litigation against the association.
  871         (b) The Legislature finds that alternative dispute
  872  resolution has been making progress in reducing court dockets
  873  and trials and in offering a more efficient, cost-effective
  874  option to court litigation. However, the Legislature also finds
  875  that alternative dispute resolution should not be used as a
  876  mechanism to encourage the filing of frivolous or nuisance
  877  suits.
  878         (c) There exists a need to develop a flexible means of
  879  alternative dispute resolution that directs disputes to the most
  880  efficient means of resolution.
  881         (d) The high cost and significant delay of circuit court
  882  litigation faced by unit owners in the state can be alleviated
  883  by requiring nonbinding arbitration and mediation in appropriate
  884  cases, thereby reducing delay and attorney’s fees while
  885  preserving the right of either party to have its case heard by a
  886  jury, if applicable, in a court of law.
  887         (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
  888  DISPUTES.—The Division of Florida Condominiums, Timeshares, and
  889  Mobile Homes of the Department of Business and Professional
  890  Regulation may employ full-time attorneys to act as arbitrators
  891  to conduct the arbitration hearings provided by this chapter.
  892  The division may also certify attorneys who are not employed by
  893  the division to act as arbitrators to conduct the arbitration
  894  hearings provided by this chapter. No person may be employed by
  895  the department as a full-time arbitrator unless he or she is a
  896  member in good standing of The Florida Bar. A person may only be
  897  certified by the division to act as an arbitrator if he or she
  898  has been a member in good standing of The Florida Bar for at
  899  least 5 years and has mediated or arbitrated at least 10
  900  disputes involving condominiums in this state during the 3 years
  901  immediately preceding the date of application, mediated or
  902  arbitrated at least 30 disputes in any subject area in this
  903  state during the 3 years immediately preceding the date of
  904  application, or attained board certification in real estate law
  905  or condominium and planned development law from The Florida Bar.
  906  Arbitrator certification is valid for 1 year. An arbitrator who
  907  does not maintain the minimum qualifications for initial
  908  certification may not have his or her certification renewed. The
  909  department may not enter into a legal services contract for an
  910  arbitration hearing under this chapter with an attorney who is
  911  not a certified arbitrator unless a certified arbitrator is not
  912  available within 50 miles of the dispute. The department shall
  913  adopt rules of procedure to govern such arbitration hearings
  914  including mediation incident thereto. The decision of an
  915  arbitrator shall be final; however, a decision shall not be
  916  deemed final agency action. Nothing in this provision shall be
  917  construed to foreclose parties from proceeding in a trial de
  918  novo unless the parties have agreed that the arbitration is
  919  binding. If judicial proceedings are initiated, the final
  920  decision of the arbitrator shall be admissible in evidence in
  921  the trial de novo.
  922         (a) Prior to the institution of court litigation, a party
  923  to a dispute shall either petition the division for nonbinding
  924  arbitration or initiate presuit mediation as provided in
  925  subsection (5). Arbitration shall be binding on the parties if
  926  all parties in arbitration agree to be bound in a writing filed
  927  in arbitration. The petition must be accompanied by a filing fee
  928  in the amount of $50. Filing fees collected under this section
  929  must be used to defray the expenses of the alternative dispute
  930  resolution program.
  931         (b) The petition must recite, and have attached thereto,
  932  supporting proof that the petitioner gave the respondents:
  933         1. Advance written notice of the specific nature of the
  934  dispute;
  935         2. A demand for relief, and a reasonable opportunity to
  936  comply or to provide the relief; and
  937         3. Notice of the intention to file an arbitration petition
  938  or other legal action in the absence of a resolution of the
  939  dispute.
  940  
  941  Failure to include the allegations or proof of compliance with
  942  these prerequisites requires dismissal of the petition without
  943  prejudice.
  944         (c) Upon receipt, the petition shall be promptly reviewed
  945  by the division to determine the existence of a dispute and
  946  compliance with the requirements of paragraphs (a) and (b). If
  947  emergency relief is required and is not available through
  948  arbitration, a motion to stay the arbitration may be filed. The
  949  motion must be accompanied by a verified petition alleging facts
  950  that, if proven, would support entry of a temporary injunction,
  951  and if an appropriate motion and supporting papers are filed,
  952  the division may abate the arbitration pending a court hearing
  953  and disposition of a motion for temporary injunction.
  954         (d) Upon determination by the division that a dispute
  955  exists and that the petition substantially meets the
  956  requirements of paragraphs (a) and (b) and any other applicable
  957  rules, the division shall assign or enter into a contract with
  958  an arbitrator and serve a copy of the petition upon all
  959  respondents. The arbitrator shall conduct a hearing within 30
  960  days after being assigned or entering into a contract unless the
  961  petition is withdrawn or a continuance is granted for good cause
  962  shown.
  963         (e) Before or after the filing of the respondents’ answer
  964  to the petition, any party may request that the arbitrator refer
  965  the case to mediation under this section and any rules adopted
  966  by the division. Upon receipt of a request for mediation, the
  967  division shall promptly contact the parties to determine if
  968  there is agreement that mediation would be appropriate. If all
  969  parties agree, the dispute must be referred to mediation.
  970  Notwithstanding a lack of an agreement by all parties, the
  971  arbitrator may refer a dispute to mediation at any time.
  972         (f) Upon referral of a case to mediation, the parties must
  973  select a mutually acceptable mediator. To assist in the
  974  selection, the arbitrator shall provide the parties with a list
  975  of both volunteer and paid mediators that have been certified by
  976  the division under s. 718.501. If the parties are unable to
  977  agree on a mediator within the time allowed by the arbitrator,
  978  the arbitrator shall appoint a mediator from the list of
  979  certified mediators. If a case is referred to mediation, the
  980  parties shall attend a mediation conference, as scheduled by the
  981  parties and the mediator. If any party fails to attend a duly
  982  noticed mediation conference, without the permission or approval
  983  of the arbitrator or mediator, the arbitrator must impose
  984  sanctions against the party, including the striking of any
  985  pleadings filed, the entry of an order of dismissal or default
  986  if appropriate, and the award of costs and attorney fees
  987  incurred by the other parties. Unless otherwise agreed to by the
  988  parties or as provided by order of the arbitrator, a party is
  989  deemed to have appeared at a mediation conference by the
  990  physical presence of the party or its representative having full
  991  authority to settle without further consultation, provided that
  992  an association may comply by having one or more representatives
  993  present with full authority to negotiate a settlement and
  994  recommend that the board of administration ratify and approve
  995  such a settlement within 5 days from the date of the mediation
  996  conference. The parties shall share equally the expense of
  997  mediation, unless they agree otherwise.
  998         (g) The purpose of mediation as provided for by this
  999  section is to present the parties with an opportunity to resolve
 1000  the underlying dispute in good faith, and with a minimum
 1001  expenditure of time and resources.
 1002         (h) Mediation proceedings must generally be conducted in
 1003  accordance with the Florida Rules of Civil Procedure, and these
 1004  proceedings are privileged and confidential to the same extent
 1005  as court-ordered mediation. Persons who are not parties to the
 1006  dispute are not allowed to attend the mediation conference
 1007  without the consent of all parties, with the exception of
 1008  counsel for the parties and corporate representatives designated
 1009  to appear for a party. If the mediator declares an impasse after
 1010  a mediation conference has been held, the arbitration proceeding
 1011  terminates, unless all parties agree in writing to continue the
 1012  arbitration proceeding, in which case the arbitrator’s decision
 1013  shall be binding or nonbinding, as agreed upon by the parties;
 1014  in the arbitration proceeding, the arbitrator shall not consider
 1015  any evidence relating to the unsuccessful mediation except in a
 1016  proceeding to impose sanctions for failure to appear at the
 1017  mediation conference. If the parties do not agree to continue
 1018  arbitration, the arbitrator shall enter an order of dismissal,
 1019  and either party may institute a suit in a court of competent
 1020  jurisdiction. The parties may seek to recover any costs and
 1021  attorney fees incurred in connection with arbitration and
 1022  mediation proceedings under this section as part of the costs
 1023  and fees that may be recovered by the prevailing party in any
 1024  subsequent litigation.
 1025         (i) Arbitration shall be conducted according to rules
 1026  adopted by the division. The filing of a petition for
 1027  arbitration shall toll the applicable statute of limitations.
 1028         (j) At the request of any party to the arbitration, the
 1029  arbitrator shall issue subpoenas for the attendance of witnesses
 1030  and the production of books, records, documents, and other
 1031  evidence and any party on whose behalf a subpoena is issued may
 1032  apply to the court for orders compelling such attendance and
 1033  production. Subpoenas shall be served and shall be enforceable
 1034  in the manner provided by the Florida Rules of Civil Procedure.
 1035  Discovery may, in the discretion of the arbitrator, be permitted
 1036  in the manner provided by the Florida Rules of Civil Procedure.
 1037  Rules adopted by the division may authorize any reasonable
 1038  sanctions except contempt for a violation of the arbitration
 1039  procedural rules of the division or for the failure of a party
 1040  to comply with a reasonable nonfinal order issued by an
 1041  arbitrator which is not under judicial review.
 1042         (k) The arbitration decision shall be rendered within 30
 1043  days after the hearing and presented to the parties in writing.
 1044  An arbitration decision is final in those disputes in which the
 1045  parties have agreed to be bound. An arbitration decision is also
 1046  final if a complaint for a trial de novo is not filed in a court
 1047  of competent jurisdiction in which the condominium is located
 1048  within 30 days. The right to file for a trial de novo entitles
 1049  the parties to file a complaint in the appropriate trial court
 1050  for a judicial resolution of the dispute. The prevailing party
 1051  in an arbitration proceeding shall be awarded the costs of the
 1052  arbitration and reasonable attorney fees in an amount determined
 1053  by the arbitrator. Such an award shall include the costs and
 1054  reasonable attorney fees incurred in the arbitration proceeding
 1055  as well as the costs and reasonable attorney fees incurred in
 1056  preparing for and attending any scheduled mediation. An
 1057  arbitrator’s failure to render a written decision within 30 days
 1058  after the hearing may result in the cancellation of his or her
 1059  arbitration certification.
 1060         (l) The party who files a complaint for a trial de novo
 1061  shall be assessed the other party’s arbitration costs, court
 1062  costs, and other reasonable costs, including attorney fees,
 1063  investigation expenses, and expenses for expert or other
 1064  testimony or evidence incurred after the arbitration hearing if
 1065  the judgment upon the trial de novo is not more favorable than
 1066  the arbitration decision. If the judgment is more favorable, the
 1067  party who filed a complaint for trial de novo shall be awarded
 1068  reasonable court costs and attorney fees.
 1069         (m) Any party to an arbitration proceeding may enforce an
 1070  arbitration award by filing a petition in a court of competent
 1071  jurisdiction in which the condominium is located. A petition may
 1072  not be granted unless the time for appeal by the filing of a
 1073  complaint for trial de novo has expired. If a complaint for a
 1074  trial de novo has been filed, a petition may not be granted with
 1075  respect to an arbitration award that has been stayed. If the
 1076  petition for enforcement is granted, the petitioner shall
 1077  recover reasonable attorney fees and costs incurred in enforcing
 1078  the arbitration award. A mediation settlement may also be
 1079  enforced through the county or circuit court, as applicable, and
 1080  any costs and fees incurred in the enforcement of a settlement
 1081  agreement reached at mediation must be awarded to the prevailing
 1082  party in any enforcement action.
 1083         (5) PRESUIT MEDIATION.—In lieu of the initiation of
 1084  mandatory nonbinding arbitration set forth in subsections (1)
 1085  (4), a party may submit a dispute to presuit mediation in
 1086  accordance with s. 720.311. Election and recall disputes are not
 1087  eligible for mediation; such disputes must be arbitrated by the
 1088  division or filed with a court of competent jurisdiction.
 1089         (6) DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every
 1090  arbitration petition received by the division and required to be
 1091  filed under this section challenging the legality of the
 1092  election of any director of the board of administration must be
 1093  handled on an expedited basis in the manner provided by the
 1094  division’s rules for recall arbitration disputes.
 1095         (7)(6) APPLICABILITY.—This section does not apply to a
 1096  nonresidential condominium unless otherwise specifically
 1097  provided for in the declaration of the nonresidential
 1098  condominium.
 1099         Section 8. Subsection (1) and paragraph (b) of subsection
 1100  (3) of section 718.303, Florida Statutes, are amended to read:
 1101         718.303 Obligations of owners and occupants; remedies.—
 1102         (1) Each unit owner, each tenant and other invitee, and
 1103  each association is governed by, and must comply with the
 1104  provisions of, this chapter, the declaration, the documents
 1105  creating the association, and the association bylaws which are
 1106  shall be deemed expressly incorporated into any lease of a unit.
 1107  Actions at law or in equity for damages or for injunctive
 1108  relief, or both, for failure to comply with these provisions may
 1109  be brought by the association or by a unit owner against:
 1110         (a) The association.
 1111         (b) A unit owner.
 1112         (c) Directors designated by the developer, for actions
 1113  taken by them before control of the association is assumed by
 1114  unit owners other than the developer.
 1115         (d) Any director who willfully and knowingly fails to
 1116  comply with these provisions.
 1117         (e) Any tenant leasing a unit, and any other invitee
 1118  occupying a unit.
 1119  
 1120  The prevailing party in any such action or in any action in
 1121  which the purchaser claims a right of voidability based upon
 1122  contractual provisions as required in s. 718.503(1)(a) is
 1123  entitled to recover reasonable attorney attorney’s fees. A unit
 1124  owner prevailing in an action between the association and the
 1125  unit owner under this subsection section, in addition to
 1126  recovering his or her reasonable attorney attorney’s fees, may
 1127  recover additional amounts as determined by the court to be
 1128  necessary to reimburse the unit owner for his or her share of
 1129  assessments levied by the association to fund its expenses of
 1130  the litigation. This relief does not exclude other remedies
 1131  provided by law. Actions arising under this subsection are not
 1132  considered may not be deemed to be actions for specific
 1133  performance.
 1134         (3) The association may levy reasonable fines for the
 1135  failure of the owner of the unit or its occupant, licensee, or
 1136  invitee to comply with any provision of the declaration, the
 1137  association bylaws, or reasonable rules of the association. A
 1138  fine may not become a lien against a unit. A fine may be levied
 1139  by the board on the basis of each day of a continuing violation,
 1140  with a single notice and opportunity for hearing before a
 1141  committee as provided in paragraph (b). However, the fine may
 1142  not exceed $100 per violation, or $1,000 in the aggregate.
 1143         (b) A fine or suspension levied by the board of
 1144  administration may not be imposed unless the board first
 1145  provides at least 14 days’ written notice to the unit owner and,
 1146  if applicable, any tenant occupant, licensee, or invitee of the
 1147  unit owner sought to be fined or suspended, and an opportunity
 1148  for a hearing before a committee of at least three members
 1149  appointed by the board who are not officers, directors, or
 1150  employees of the association, or the spouse, parent, child,
 1151  brother, or sister of an officer, director, or employee. The
 1152  role of the committee is limited to determining whether to
 1153  confirm or reject the fine or suspension levied by the board. If
 1154  the committee does not approve the proposed fine or suspension
 1155  by majority vote, the fine or suspension may not be imposed. If
 1156  the proposed fine or suspension is approved by the committee,
 1157  the fine payment is due 5 days after notice of the approved fine
 1158  is provided to the unit owner and, if applicable, to any tenant,
 1159  licensee, or invitee of the unit owner the date of the committee
 1160  meeting at which the fine is approved. The association must
 1161  provide written notice of such fine or suspension by mail or
 1162  hand delivery to the unit owner and, if applicable, to any
 1163  tenant, licensee, or invitee of the unit owner.
 1164         Section 9. Section 718.5014, Florida Statutes, is amended
 1165  to read:
 1166         718.5014 Ombudsman location.—The ombudsman shall maintain
 1167  his or her principal office in a Leon County on the premises of
 1168  the division or, if suitable space cannot be provided there, at
 1169  another place convenient to the offices of the division which
 1170  will enable the ombudsman to expeditiously carry out the duties
 1171  and functions of his or her office. The ombudsman may establish
 1172  branch offices elsewhere in the state upon the concurrence of
 1173  the Governor.
 1174         Section 10. Subsection (25) of section 719.103, Florida
 1175  Statutes, is amended to read:
 1176         719.103 Definitions.—As used in this chapter:
 1177         (25) “Unit” means a part of the cooperative property which
 1178  is subject to exclusive use and possession. A unit may be
 1179  improvements, land, or land and improvements together, as
 1180  specified in the cooperative documents. An interest in a unit is
 1181  an interest in real property.
 1182         Section 11. Paragraph (c) of subsection (2) of section
 1183  719.104, Florida Statutes, is amended to read:
 1184         719.104 Cooperatives; access to units; records; financial
 1185  reports; assessments; purchase of leases.—
 1186         (2) OFFICIAL RECORDS.—
 1187         (c) The official records of the association are open to
 1188  inspection by any association member or the authorized
 1189  representative of such member at all reasonable times. The right
 1190  to inspect the records includes the right to make or obtain
 1191  copies, at the reasonable expense, if any, of the association
 1192  member. The association may adopt reasonable rules regarding the
 1193  frequency, time, location, notice, and manner of record
 1194  inspections and copying, but may not require a member to
 1195  demonstrate any purpose or state any reason for the inspection.
 1196  The failure of an association to provide the records within 10
 1197  working days after receipt of a written request creates a
 1198  rebuttable presumption that the association willfully failed to
 1199  comply with this paragraph. A member unit owner who is denied
 1200  access to official records is entitled to the actual damages or
 1201  minimum damages for the association’s willful failure to comply.
 1202  The minimum damages are $50 per calendar day for up to 10 days,
 1203  beginning on the 11th working day after receipt of the written
 1204  request. The failure to permit inspection entitles any person
 1205  prevailing in an enforcement action to recover reasonable
 1206  attorney fees from the person in control of the records who,
 1207  directly or indirectly, knowingly denied access to the records.
 1208  Any person who knowingly or intentionally defaces or destroys
 1209  accounting records that are required by this chapter to be
 1210  maintained during the period for which such records are required
 1211  to be maintained, or who knowingly or intentionally fails to
 1212  create or maintain accounting records that are required to be
 1213  created or maintained, with the intent of causing harm to the
 1214  association or one or more of its members, is personally subject
 1215  to a civil penalty under pursuant to s. 719.501(1)(d). The
 1216  association shall maintain an adequate number of copies of the
 1217  declaration, articles of incorporation, bylaws, and rules, and
 1218  all amendments to each of the foregoing, as well as the question
 1219  and answer sheet as described in s. 719.504 and year-end
 1220  financial information required by the department, on the
 1221  cooperative property to ensure their availability to members
 1222  unit owners and prospective purchasers, and may charge its
 1223  actual costs for preparing and furnishing these documents to
 1224  those requesting the same. An association shall allow a member
 1225  or his or her authorized representative to use a portable
 1226  device, including a smartphone, tablet, portable scanner, or any
 1227  other technology capable of scanning or taking photographs, to
 1228  make an electronic copy of the official records in lieu of the
 1229  association providing the member or his or her authorized
 1230  representative with a copy of such records. The association may
 1231  not charge a member or his or her authorized representative for
 1232  the use of a portable device. Notwithstanding this paragraph,
 1233  the following records shall not be accessible to members unit
 1234  owners:
 1235         1. Any record protected by the lawyer-client privilege as
 1236  described in s. 90.502 and any record protected by the work
 1237  product privilege, including any record prepared by an
 1238  association attorney or prepared at the attorney’s express
 1239  direction which reflects a mental impression, conclusion,
 1240  litigation strategy, or legal theory of the attorney or the
 1241  association, and which was prepared exclusively for civil or
 1242  criminal litigation or for adversarial administrative
 1243  proceedings, or which was prepared in anticipation of such
 1244  litigation or proceedings until the conclusion of the litigation
 1245  or proceedings.
 1246         2. Information obtained by an association in connection
 1247  with the approval of the lease, sale, or other transfer of a
 1248  unit.
 1249         3. Personnel records of association or management company
 1250  employees, including, but not limited to, disciplinary, payroll,
 1251  health, and insurance records. For purposes of this
 1252  subparagraph, the term “personnel records” does not include
 1253  written employment agreements with an association employee or
 1254  management company, or budgetary or financial records that
 1255  indicate the compensation paid to an association employee.
 1256         4. Medical records of unit owners.
 1257         5. Social security numbers, driver license numbers, credit
 1258  card numbers, e-mail addresses, telephone numbers, facsimile
 1259  numbers, emergency contact information, addresses of a unit
 1260  owner other than as provided to fulfill the association’s notice
 1261  requirements, and other personal identifying information of any
 1262  person, excluding the person’s name, unit designation, mailing
 1263  address, property address, and any address, e-mail address, or
 1264  facsimile number provided to the association to fulfill the
 1265  association’s notice requirements. Notwithstanding the
 1266  restrictions in this subparagraph, an association may print and
 1267  distribute to unit parcel owners a directory containing the
 1268  name, unit parcel address, and all telephone numbers of each
 1269  unit parcel owner. However, an owner may exclude his or her
 1270  telephone numbers from the directory by so requesting in writing
 1271  to the association. An owner may consent in writing to the
 1272  disclosure of other contact information described in this
 1273  subparagraph. The association is not liable for the inadvertent
 1274  disclosure of information that is protected under this
 1275  subparagraph if the information is included in an official
 1276  record of the association and is voluntarily provided by an
 1277  owner and not requested by the association.
 1278         6. Electronic security measures that are used by the
 1279  association to safeguard data, including passwords.
 1280         7. The software and operating system used by the
 1281  association which allow the manipulation of data, even if the
 1282  owner owns a copy of the same software used by the association.
 1283  The data is part of the official records of the association.
 1284         Section 12. Paragraph (b) of subsection (1) of section
 1285  719.106, Florida Statutes, is amended, and subsection (3) is
 1286  added to that section, to read:
 1287         719.106 Bylaws; cooperative ownership.—
 1288         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1289  documents shall provide for the following, and if they do not,
 1290  they shall be deemed to include the following:
 1291         (b) Quorum; voting requirements; proxies.—
 1292         1. Unless otherwise provided in the bylaws, the percentage
 1293  of voting interests required to constitute a quorum at a meeting
 1294  of the members shall be a majority of voting interests, and
 1295  decisions shall be made by owners of a majority of the voting
 1296  interests. Unless otherwise provided in this chapter, or in the
 1297  articles of incorporation, bylaws, or other cooperative
 1298  documents, and except as provided in subparagraph (d)1.,
 1299  decisions shall be made by owners of a majority of the voting
 1300  interests represented at a meeting at which a quorum is present.
 1301         2. Except as specifically otherwise provided herein, after
 1302  January 1, 1992, unit owners may not vote by general proxy, but
 1303  may vote by limited proxies substantially conforming to a
 1304  limited proxy form adopted by the division. Limited proxies and
 1305  general proxies may be used to establish a quorum. Limited
 1306  proxies shall be used for votes taken to waive or reduce
 1307  reserves in accordance with subparagraph (j)2., for votes taken
 1308  to waive the financial reporting requirements of s.
 1309  719.104(4)(b), for votes taken to amend the articles of
 1310  incorporation or bylaws pursuant to this section, and for any
 1311  other matter for which this chapter requires or permits a vote
 1312  of the unit owners. Except as provided in paragraph (d), after
 1313  January 1, 1992, no proxy, limited or general, shall be used in
 1314  the election of board members. General proxies may be used for
 1315  other matters for which limited proxies are not required, and
 1316  may also be used in voting for nonsubstantive changes to items
 1317  for which a limited proxy is required and given. Notwithstanding
 1318  the provisions of this section, unit owners may vote in person
 1319  at unit owner meetings. Nothing contained herein shall limit the
 1320  use of general proxies or require the use of limited proxies or
 1321  require the use of limited proxies for any agenda item or
 1322  election at any meeting of a timeshare cooperative.
 1323         3. Any proxy given shall be effective only for the specific
 1324  meeting for which originally given and any lawfully adjourned
 1325  meetings thereof. In no event shall any proxy be valid for a
 1326  period longer than 90 days after the date of the first meeting
 1327  for which it was given. Every proxy shall be revocable at any
 1328  time at the pleasure of the unit owner executing it.
 1329         4. A member of the board of administration or a committee
 1330  may submit in writing his or her agreement or disagreement with
 1331  any action taken at a meeting that the member did not attend.
 1332  This agreement or disagreement may not be used as a vote for or
 1333  against the action taken and may not be used for the purposes of
 1334  creating a quorum.
 1335         5. A board or committee member participating in a meeting
 1336  via telephone, real-time video conferencing, or similar real
 1337  time electronic or video communication counts toward a quorum,
 1338  and such member may vote as if physically present When some or
 1339  all of the board or committee members meet by telephone
 1340  conference, those board or committee members attending by
 1341  telephone conference may be counted toward obtaining a quorum
 1342  and may vote by telephone. A telephone speaker must shall be
 1343  used utilized so that the conversation of such those board or
 1344  committee members attending by telephone may be heard by the
 1345  board or committee members attending in person, as well as by
 1346  any unit owners present at a meeting.
 1347         (3)GENERALLY.—The association may extinguish a
 1348  discriminatory restriction, as defined in s. 712.065(1),
 1349  pursuant to s. 712.065.
 1350         Section 13. Paragraph (l) of subsection (4) of section
 1351  720.303, Florida Statutes, is redesignated as paragraph (m), a
 1352  new paragraph (l) is added to that subsection, and paragraph (c)
 1353  of subsection (2) and present paragraph (l) of subsection (4) of
 1354  that section are amended, to read:
 1355         720.303 Association powers and duties; meetings of board;
 1356  official records; budgets; financial reporting; association
 1357  funds; recalls.—
 1358         (2) BOARD MEETINGS.—
 1359         (c) The bylaws shall provide the following for giving
 1360  notice to parcel owners and members of all board meetings and,
 1361  if they do not do so, shall be deemed to include the following:
 1362         1. Notices of all board meetings must be posted in a
 1363  conspicuous place in the community at least 48 hours in advance
 1364  of a meeting, except in an emergency. In the alternative, if
 1365  notice is not posted in a conspicuous place in the community,
 1366  notice of each board meeting must be mailed or delivered to each
 1367  member at least 7 days before the meeting, except in an
 1368  emergency. Notwithstanding this general notice requirement, for
 1369  communities with more than 100 members, the association bylaws
 1370  may provide for a reasonable alternative to posting or mailing
 1371  of notice for each board meeting, including publication of
 1372  notice, provision of a schedule of board meetings, or the
 1373  conspicuous posting and repeated broadcasting of the notice on a
 1374  closed-circuit cable television system serving the homeowners’
 1375  association. However, if broadcast notice is used in lieu of a
 1376  notice posted physically in the community, the notice must be
 1377  broadcast at least four times every broadcast hour of each day
 1378  that a posted notice is otherwise required. When broadcast
 1379  notice is provided, the notice and agenda must be broadcast in a
 1380  manner and for a sufficient continuous length of time so as to
 1381  allow an average reader to observe the notice and read and
 1382  comprehend the entire content of the notice and the agenda. In
 1383  addition to any of the authorized means of providing notice of a
 1384  meeting of the board, the association may adopt, by rule, a
 1385  procedure for conspicuously posting the meeting notice and the
 1386  agenda on the association’s website for at least the minimum
 1387  period of time for which a notice of a meeting is also required
 1388  to be physically posted on the association property. Any such
 1389  rule must require the association to send to members whose e
 1390  mail addresses are included in the association’s official
 1391  records an electronic notice in the same manner as is required
 1392  for a notice of a meeting of the members. Such notice must
 1393  include a hyperlink to the website where the notice is posted.
 1394  The association may provide notice by electronic transmission in
 1395  a manner authorized by law for meetings of the board of
 1396  directors, committee meetings requiring notice under this
 1397  section, and annual and special meetings of the members to any
 1398  member who has provided a facsimile number or e-mail address to
 1399  the association to be used for such purposes; however, a member
 1400  must consent in writing to receiving notice by electronic
 1401  transmission.
 1402         2. An assessment may not be levied at a board meeting
 1403  unless the notice of the meeting includes a statement that
 1404  assessments will be considered and the nature of the
 1405  assessments. Written notice of any meeting at which special
 1406  assessments will be considered or at which amendments to rules
 1407  regarding parcel use will be considered must be mailed,
 1408  delivered, or electronically transmitted to the members and
 1409  parcel owners and posted conspicuously on the property or
 1410  broadcast on closed-circuit cable television not less than 14
 1411  days before the meeting.
 1412         3. Directors may not vote by proxy or by secret ballot at
 1413  board meetings, except that secret ballots may be used in the
 1414  election of officers. This subsection also applies to the
 1415  meetings of any committee or other similar body, when a final
 1416  decision will be made regarding the expenditure of association
 1417  funds, and to any body vested with the power to approve or
 1418  disapprove architectural decisions with respect to a specific
 1419  parcel of residential property owned by a member of the
 1420  community.
 1421         (4) OFFICIAL RECORDS.—The association shall maintain each
 1422  of the following items, when applicable, which constitute the
 1423  official records of the association:
 1424         (l)Ballots, sign-in sheets, voting proxies, and all other
 1425  papers and electronic records relating to voting by parcel
 1426  owners, which must be maintained for at least 1 year after the
 1427  date of the election, vote, or meeting.
 1428         (m)(l) All other written records of the association not
 1429  specifically included in this subsection the foregoing which are
 1430  related to the operation of the association.
 1431         Section 14. Subsections (1) and (2) of section 720.305,
 1432  Florida Statutes, are amended to read:
 1433         720.305 Obligations of members; remedies at law or in
 1434  equity; levy of fines and suspension of use rights.—
 1435         (1) Each member and the member’s tenants, guests, and
 1436  invitees, and each association, are governed by, and must comply
 1437  with, this chapter and, the governing documents of the
 1438  community, and the rules of the association. Actions at law or
 1439  in equity, or both, to redress alleged failure or refusal to
 1440  comply with these provisions may be brought by the association
 1441  or by any member against:
 1442         (a) The association;
 1443         (b) A member;
 1444         (c) Any director or officer of an association who willfully
 1445  and knowingly fails to comply with these provisions; and
 1446         (d) Any tenants, guests, or invitees occupying a parcel or
 1447  using the common areas.
 1448  
 1449  The prevailing party in any such litigation is entitled to
 1450  recover reasonable attorney fees and costs. A member prevailing
 1451  in an action between the association and the member under this
 1452  section, in addition to recovering his or her reasonable
 1453  attorney fees, may recover additional amounts as determined by
 1454  the court to be necessary to reimburse the member for his or her
 1455  share of assessments levied by the association to fund its
 1456  expenses of the litigation. This relief does not exclude other
 1457  remedies provided by law. This section does not deprive any
 1458  person of any other available right or remedy.
 1459         (2) An The association may levy reasonable fines. A fine
 1460  may not exceed $100 per violation against any member or any
 1461  member’s tenant, guest, or invitee for the failure of the owner
 1462  of the parcel or its occupant, licensee, or invitee to comply
 1463  with any provision of the declaration, the association bylaws,
 1464  or reasonable rules of the association unless otherwise provided
 1465  in the governing documents. A fine may be levied by the board
 1466  for each day of a continuing violation, with a single notice and
 1467  opportunity for hearing, except that the fine may not exceed
 1468  $1,000 in the aggregate unless otherwise provided in the
 1469  governing documents. A fine of less than $1,000 may not become a
 1470  lien against a parcel. In any action to recover a fine, the
 1471  prevailing party is entitled to reasonable attorney fees and
 1472  costs from the nonprevailing party as determined by the court.
 1473         (a) An association may suspend, for a reasonable period of
 1474  time, the right of a member, or a member’s tenant, guest, or
 1475  invitee, to use common areas and facilities for the failure of
 1476  the owner of the parcel or its occupant, licensee, or invitee to
 1477  comply with any provision of the declaration, the association
 1478  bylaws, or reasonable rules of the association. This paragraph
 1479  does not apply to that portion of common areas used to provide
 1480  access or utility services to the parcel. A suspension may not
 1481  prohibit an owner or tenant of a parcel from having vehicular
 1482  and pedestrian ingress to and egress from the parcel, including,
 1483  but not limited to, the right to park.
 1484         (b) A fine or suspension levied by the board of
 1485  administration may not be imposed unless the board first
 1486  provides at least 14 days’ notice to the parcel owner and, if
 1487  applicable, any occupant, licensee, or invitee of the parcel
 1488  owner, sought to be fined or suspended and an opportunity for a
 1489  hearing before a committee of at least three members appointed
 1490  by the board who are not officers, directors, or employees of
 1491  the association, or the spouse, parent, child, brother, or
 1492  sister of an officer, director, or employee. If the committee,
 1493  by majority vote, does not approve a proposed fine or
 1494  suspension, the proposed fine or suspension may not be imposed.
 1495  The role of the committee is limited to determining whether to
 1496  confirm or reject the fine or suspension levied by the board. If
 1497  the proposed fine or suspension levied by the board is approved
 1498  by the committee, the fine payment is due 5 days after notice of
 1499  the approved fine is provided to the parcel owner and, if
 1500  applicable, to any occupant, licensee, or invitee of the parcel
 1501  owner the date of the committee meeting at which the fine is
 1502  approved. The association must provide written notice of such
 1503  fine or suspension by mail or hand delivery to the parcel owner
 1504  and, if applicable, to any occupant tenant, licensee, or invitee
 1505  of the parcel owner.
 1506         Section 15. Paragraph (g) of subsection (1) of section
 1507  720.306, Florida Statutes, is amended to read:
 1508         720.306 Meetings of members; voting and election
 1509  procedures; amendments.—
 1510         (1) QUORUM; AMENDMENTS.—
 1511         (g) A notice required under this section must be mailed or
 1512  delivered to the address identified as the parcel owner’s
 1513  mailing address in the official records of the association as
 1514  required under s. 720.303(4) on the property appraiser’s website
 1515  for the county in which the parcel is located, or electronically
 1516  transmitted in a manner authorized by the association if the
 1517  parcel owner has consented, in writing, to receive notice by
 1518  electronic transmission.
 1519         Section 16. Subsection (6) is added to section 720.3075,
 1520  Florida Statutes, to read:
 1521         720.3075 Prohibited clauses in association documents.—
 1522         (6)The association may extinguish a discriminatory
 1523  restriction, as defined in s. 712.065(1), pursuant to s.
 1524  712.065.
 1525         Section 17. This act shall take effect July 1, 2020.