Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1178
       
       
       
       
       
       
                                Ì633220cÎ633220                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/13/2024           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) is added to section 468.4334,
    6  Florida Statutes, to read:
    7         468.4334 Professional practice standards; liability.—
    8         (3) A community association manager or a community
    9  association management firm shall return all community
   10  association official records within its possession to the
   11  community association or successor community association manager
   12  or community association management firm within 20 business days
   13  after termination of a contractual agreement to provide
   14  community association management services to the community
   15  association or receipt of a written request for return of the
   16  official records, whichever occurs first. A notice of
   17  termination of a contractual agreement to provide community
   18  association management services must be sent by certified mail,
   19  return receipt requested, or in the manner required under such
   20  contractual agreement. The community association manager or
   21  community association management firm may retain, for up to 20
   22  business days, those records necessary to complete an ending
   23  financial statement or report. If an association fails to
   24  provide access to or retention of accounting records to prepare
   25  an ending financial statement or report, the community
   26  association manager or community association management firm is
   27  relieved from any further responsibility or liability relating
   28  to the preparation of such ending financial statement or report.
   29  Failure of a community association manager or a community
   30  association management firm to timely return all of the official
   31  records within its possession to the community association
   32  creates a rebuttable presumption that the community association
   33  manager or a community association management firm willfully
   34  failed to comply with this subsection. A community association
   35  manager or a community association management firm that fails to
   36  timely return community association records is subject to
   37  suspension of its license under s. 468.436, and a civil penalty
   38  of $1,000 per day for up to 10 business days, assessed beginning
   39  on the 21st business day after termination of a contractual
   40  agreement to provide community association management services
   41  to the community association or receipt of a written request
   42  from the association for return of the records, whichever occurs
   43  first.
   44         Section 2. Section 468.4335, Florida Statutes, is created
   45  to read:
   46         468.4335 Conflicts of interest.—
   47         (1) A community association manager or a community
   48  association management firm, including directors, officers, and
   49  persons with a financial interest in a community association
   50  management firm, or a relative of such persons, must provide a
   51  written disclosure to the board of a community association any
   52  activity that may reasonably be construed to be a conflict of
   53  interest. A rebuttable presumption of a conflict of interest
   54  exists if any of the following occurs without prior notice:
   55         (a) A community association manager or a community
   56  association management firm, including directors, officers, and
   57  persons with a financial interest in a community association
   58  management firm, or a relative of such persons, enters into a
   59  contract with the association for goods or services, other than
   60  community association management services.
   61         (b) A community association manager or a community
   62  association management firm, including directors, officers, and
   63  persons with a financial interest in a community association
   64  management firm, or a relative of such persons, holds an
   65  interest in or receives compensation or any thing of value from
   66  a corporation, limited liability corporation, partnership,
   67  limited liability partnership, or other business entity that
   68  conducts business with the association or proposes to enter into
   69  a contract or other transaction with the association.
   70         (2) If the association receives and considers a bid to
   71  provide a good or service, other than community association
   72  management services, from a community association manager or a
   73  community association management firm, including directors,
   74  officers, and persons with a financial interest in a community
   75  association management firm, or a relative of such persons, the
   76  association must also solicit multiple competitive bids from
   77  other third-party providers of such good or service.
   78         (3) If a community association manager or a community
   79  association management firm, including directors, officers, and
   80  persons with a financial interest in a community association
   81  management firm, or a relative of such persons, proposes to
   82  engage in an activity that is a conflict of interest as
   83  described in subsection (1), the proposed activity must be
   84  listed on, and all contracts and transactional documents related
   85  to the proposed activity must be attached to, the meeting agenda
   86  of the next board of administration meeting. The disclosures of
   87  a possible conflict of interest must be entered into the written
   88  minutes of the meeting. Approval of the contract or other
   89  transaction requires an affirmative vote of two-thirds of all
   90  directors present. At the next regular or special meeting of the
   91  members, the existence of the contract or other transaction must
   92  be disclosed to the members.
   93         (4) If the board finds that a community association manager
   94  or a community association management firm, including directors,
   95  officers, and persons with a financial interest in a community
   96  association management firm, or a relative of such persons, has
   97  violated this section, the association may cancel its community
   98  association management contract with the community association
   99  manager or the community association management firm. If the
  100  contract is canceled, the association is liable only for the
  101  reasonable value of the management services provided up to the
  102  time of cancellation and is not liable for any termination fees,
  103  liquidated damages, or other form of penalty for such
  104  cancellation.
  105         (5) If an association enters into a contract, other than a
  106  contract for community association management services, with a
  107  community association manager or a community association
  108  management firm, including directors, officers, and persons with
  109  a financial interest in a community association management firm,
  110  or a relative of such persons, which is a party to or has an
  111  interest in an activity that is a possible conflict of interest
  112  as described in subsection (1) and that activity has not been
  113  properly disclosed as a conflict of interest or potential
  114  conflict of interest as required by this section, the contract
  115  is voidable and terminates upon the association filing a written
  116  notice terminating the contract.
  117         (6) As used in this section, the term “relative” means a
  118  relative within the third degree of consanguinity by blood or
  119  marriage.
  120         (7) The procedures in subsections (2), (3), and (4) do not
  121  apply to any activities or the provision of goods and services
  122  that are disclosed in the management services contract as a
  123  conflict of interest within the meaning of subsection (1).
  124         Section 3. Paragraph (b) of subsection (2) of section
  125  468.436, Florida Statutes, is amended, and subsection (4) of
  126  that section is reenacted, to read:
  127         468.436 Disciplinary proceedings.—
  128         (2) The following acts constitute grounds for which the
  129  disciplinary actions in subsection (4) may be taken:
  130         (b)1. Violation of any provision of this part.
  131         2. Violation of any lawful order or rule rendered or
  132  adopted by the department or the council.
  133         3. Being convicted of or pleading nolo contendere to a
  134  felony in any court in the United States.
  135         4. Obtaining a license or certification or any other order,
  136  ruling, or authorization by means of fraud, misrepresentation,
  137  or concealment of material facts.
  138         5. Committing acts of gross misconduct or gross negligence
  139  in connection with the profession.
  140         6. Contracting, on behalf of an association, with any
  141  entity in which the licensee has a financial interest that is
  142  not disclosed.
  143         7. Failing to disclose any conflict of interest as required
  144  by s. 468.4335.
  145         8. Violating any provision of chapter 718, chapter 719, or
  146  chapter 720 during the course of performing community
  147  association management services pursuant to a contract with a
  148  community association as defined in s. 468.431(1).
  149         (4) When the department finds any community association
  150  manager or firm guilty of any of the grounds set forth in
  151  subsection (2), it may enter an order imposing one or more of
  152  the following penalties:
  153         (a) Denial of an application for licensure.
  154         (b) Revocation or suspension of a license.
  155         (c) Imposition of an administrative fine not to exceed
  156  $5,000 for each count or separate offense.
  157         (d) Issuance of a reprimand.
  158         (e) Placement of the community association manager on
  159  probation for a period of time and subject to such conditions as
  160  the department specifies.
  161         (f) Restriction of the authorized scope of practice by the
  162  community association manager.
  163         Section 4. Section 553.8445, Florida Statutes, is created
  164  to read:
  165         553.8445Prevention of water intrusion through the tracks
  166  of sliding glass doors.—
  167         (1) All residential dwellings must be required to be
  168  equipped with a reusable device which is attachable to the
  169  sliding glass door track and is designed to reduce water
  170  intrusion through the tracks of the sliding glass doors by not
  171  less than 90 percent with wind not less than 100 miles per hour
  172  as a condition for:
  173         (a) The issuance of a building permit for the construction
  174  of new residential dwelling with an exterior sliding glass door.
  175         (b) The issuance of a building permit for the installation
  176  or repair of an exterior sliding glass door in a residential
  177  dwelling.
  178         (c) The completion of a milestone inspection required by s.
  179  553.899, or a similar local requirement, for any dwelling with
  180  an exterior sliding glass door.
  181         (2) This section shall apply to exterior sliding glass
  182  doors contained in any condominium unit, multifamily dwelling,
  183  or single-family dwelling.
  184         (3) By July 1, 2025, the commission shall adopt the
  185  requirements of this section into the Florida Building Code
  186  pursuant to s. 553.73(8).
  187         Section 5. Subsection (4) of section 553.899, Florida
  188  Statutes, is amended to read:
  189         553.899 Mandatory structural inspections for condominium
  190  and cooperative buildings.—
  191         (4) The milestone inspection report must be arranged by a
  192  condominium or cooperative association and any owner of any
  193  portion of the building which is not subject to the condominium
  194  or cooperative form of ownership. The condominium association or
  195  cooperative association and any owner of any portion of the
  196  building which is not subject to the condominium or cooperative
  197  form of ownership are each responsible for ensuring compliance
  198  with the requirements of this section. The condominium
  199  association or cooperative association is responsible for all
  200  costs associated with the milestone inspection attributable to
  201  the portions of a building which the association is responsible
  202  to maintain under the governing documents of the association.
  203  This section does not apply to a single-family, two-family, or
  204  three-family, or four-family dwelling with three or fewer
  205  habitable stories above ground.
  206         Section 6. Present subsections (19) through (32) of section
  207  718.103, Florida Statutes, are redesignated as subsections (20)
  208  through (33), respectively, a new subsection (19) is added to
  209  that section, and subsection (1) of that section is amended, to
  210  read:
  211         718.103 Definitions.—As used in this chapter, the term:
  212         (1) “Alternative funding method” means a method approved by
  213  the division for funding the capital expenditures and planned
  214  deferred maintenance obligations for a multicondominium
  215  association operating at least 25 condominiums which may
  216  reasonably be expected to fully satisfy the association’s
  217  reserve funding obligations by the allocation of funds in the
  218  annual operating budget.
  219         (19) “Hurricane protection” means hurricane shutters,
  220  impact glass, code-compliant windows or doors, and other code
  221  compliant hurricane protection products used to preserve and
  222  protect the condominium property or association property.
  223         Section 7. Paragraph (p) is added to subsection (4) of
  224  section 718.104, Florida Statutes, to read:
  225         718.104 Creation of condominiums; contents of declaration.
  226  Every condominium created in this state shall be created
  227  pursuant to this chapter.
  228         (4) The declaration must contain or provide for the
  229  following matters:
  230         (p) For both residential condominiums and mixed-use
  231  condominiums, a statement that specifies whether the unit owner
  232  or the association is responsible for the installation,
  233  maintenance, repair, or replacement of hurricane protection that
  234  is for the preservation and protection of the condominium
  235  property and association property.
  236         Section 8. Paragraph (a) of subsection (1), paragraph (h)
  237  of subsection (11), and subsections (12), (13), and (15) of
  238  section 718.111, Florida Statutes, are amended to read:
  239         718.111 The association.—
  240         (1) CORPORATE ENTITY.—
  241         (a) The operation of the condominium shall be by the
  242  association, which must be a Florida corporation for profit or a
  243  Florida corporation not for profit. However, any association
  244  which was in existence on January 1, 1977, need not be
  245  incorporated. The owners of units shall be shareholders or
  246  members of the association. The officers and directors of the
  247  association have a fiduciary relationship to the unit owners. It
  248  is the intent of the Legislature that nothing in this paragraph
  249  shall be construed as providing for or removing a requirement of
  250  a fiduciary relationship between any manager employed by the
  251  association and the unit owners. An officer, director, or
  252  manager may not solicit, offer to accept, or accept a kickback.
  253  As used in this paragraph, the term “kickback” means any thing
  254  or service of value or kickback for which consideration has not
  255  been provided for an officer’s, a director’s, or a manager’s his
  256  or her own benefit or that of his or her immediate family, from
  257  any person providing or proposing to provide goods or services
  258  to the association. Any such officer, director, or manager who
  259  knowingly so solicits, offers to accept, or accepts a any thing
  260  or service of value or kickback commits a felony of the third
  261  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  262  775.084, and is subject to a civil penalty pursuant to s.
  263  718.501(1)(d) and, if applicable, a criminal penalty as provided
  264  in paragraph (d). However, this paragraph does not prohibit an
  265  officer, director, or manager from accepting services or items
  266  received in connection with trade fairs or education programs.
  267  An association may operate more than one condominium.
  268         (11) INSURANCE.—In order to protect the safety, health, and
  269  welfare of the people of the State of Florida and to ensure
  270  consistency in the provision of insurance coverage to
  271  condominiums and their unit owners, this subsection applies to
  272  every residential condominium in the state, regardless of the
  273  date of its declaration of condominium. It is the intent of the
  274  Legislature to encourage lower or stable insurance premiums for
  275  associations described in this subsection.
  276         (h) The association shall maintain insurance or fidelity
  277  bonding of all persons who control or disburse funds of the
  278  association. The insurance policy or fidelity bond must cover
  279  the maximum funds that will be in the custody of the association
  280  or its management agent at any one time. Upon receipt of a
  281  complaint, the division shall monitor compliance with this
  282  paragraph and may issue fines and penalties established by the
  283  division for failure of an association to maintain the required
  284  insurance policy or fidelity bond. As used in this paragraph,
  285  the term “persons who control or disburse funds of the
  286  association” includes, but is not limited to, those individuals
  287  authorized to sign checks on behalf of the association, and the
  288  president, secretary, and treasurer of the association. The
  289  association shall bear the cost of any such bonding.
  290         (12) OFFICIAL RECORDS.—
  291         (a) From the inception of the association, the association
  292  shall maintain each of the following items, if applicable, which
  293  constitutes the official records of the association:
  294         1. A copy of the plans, permits, warranties, and other
  295  items provided by the developer under s. 718.301(4).
  296         2. A photocopy of the recorded declaration of condominium
  297  of each condominium operated by the association and each
  298  amendment to each declaration.
  299         3. A photocopy of the recorded bylaws of the association
  300  and each amendment to the bylaws.
  301         4. A certified copy of the articles of incorporation of the
  302  association, or other documents creating the association, and
  303  each amendment thereto.
  304         5. A copy of the current rules of the association.
  305         6. A book or books that contain the minutes of all meetings
  306  of the association, the board of administration, and the unit
  307  owners.
  308         7. A current roster of all unit owners and their mailing
  309  addresses, unit identifications, voting certifications, and, if
  310  known, telephone numbers. The association shall also maintain
  311  the e-mail addresses and facsimile numbers of unit owners
  312  consenting to receive notice by electronic transmission. The e
  313  mail addresses and facsimile numbers are not accessible to unit
  314  owners if consent to receive notice by electronic transmission
  315  is not provided in accordance with sub-subparagraph (c)5.e.
  316  (c)3.e. However, the association is not liable for an
  317  inadvertent disclosure of the e-mail address or facsimile number
  318  for receiving electronic transmission of notices.
  319         8. All current insurance policies of the association and
  320  condominiums operated by the association.
  321         9. A current copy of any management agreement, lease, or
  322  other contract to which the association is a party or under
  323  which the association or the unit owners have an obligation or
  324  responsibility.
  325         10. Bills of sale or transfer for all property owned by the
  326  association.
  327         11. Accounting records for the association and separate
  328  accounting records for each condominium that the association
  329  operates. Any person who knowingly or intentionally defaces or
  330  destroys such records, or who knowingly or intentionally fails
  331  to create or maintain such records, with the intent of causing
  332  harm to the association or one or more of its members, is
  333  personally subject to a civil penalty pursuant to s.
  334  718.501(1)(d). The accounting records must include, but are not
  335  limited to:
  336         a. Accurate, itemized, and detailed records of all receipts
  337  and expenditures.
  338         b. All invoices, transaction receipts, or deposit slips
  339  that substantiate any receipt or expenditure of funds by the
  340  association.
  341         c. A current account and a monthly, bimonthly, or quarterly
  342  statement of the account for each unit designating the name of
  343  the unit owner, the due date and amount of each assessment, the
  344  amount paid on the account, and the balance due.
  345         d.c. All audits, reviews, accounting statements, structural
  346  integrity reserve studies, and financial reports of the
  347  association or condominium. Structural integrity reserve studies
  348  must be maintained for at least 15 years after the study is
  349  completed.
  350         e.d. All contracts for work to be performed. Bids for work
  351  to be performed are also considered official records and must be
  352  maintained by the association for at least 1 year after receipt
  353  of the bid.
  354         12. Ballots, sign-in sheets, voting proxies, and all other
  355  papers and electronic records relating to voting by unit owners,
  356  which must be maintained for 1 year from the date of the
  357  election, vote, or meeting to which the document relates,
  358  notwithstanding paragraph (b).
  359         13. All rental records if the association is acting as
  360  agent for the rental of condominium units.
  361         14. A copy of the current question and answer sheet as
  362  described in s. 718.504.
  363         15. A copy of the inspection reports described in ss.
  364  553.899 and 718.301(4)(p) and any other inspection report
  365  relating to a structural or life safety inspection of
  366  condominium property. Such record must be maintained by the
  367  association for 15 years after receipt of the report.
  368         16. Bids for materials, equipment, or services.
  369         17. All affirmative acknowledgments made pursuant to s.
  370  718.121(4)(c).
  371         18. A copy of all building permits.
  372         19. All other written records of the association not
  373  specifically included in the foregoing which are related to the
  374  operation of the association.
  375         (b) The official records specified in subparagraphs (a)1.
  376  6. must be permanently maintained from the inception of the
  377  association. Bids for work to be performed or for materials,
  378  equipment, or services must be maintained for at least 1 year
  379  after receipt of the bid. All other official records must be
  380  maintained within the state for at least 7 years, unless
  381  otherwise provided by general law. The official records must be
  382  maintained in a manner that facilitates inspection of the
  383  records by a unit owner. In the event that the records are lost,
  384  destroyed, or otherwise unavailable, the obligation to maintain
  385  official records includes a good faith obligation to recover
  386  those records as may be reasonably possible. The records of the
  387  association shall be made available to a unit owner within 45
  388  miles of the condominium property or within the county in which
  389  the condominium property is located within 10 working days after
  390  receipt of a written request by the board or its designee.
  391  However, such distance requirement does not apply to an
  392  association governing a timeshare condominium. This paragraph
  393  and paragraph (c) may be complied with by having a copy of the
  394  official records of the association available for inspection or
  395  copying on the condominium property or association property, or
  396  the association may offer the option of making the records
  397  available to a unit owner electronically via the Internet as
  398  provided under paragraph (g) or by allowing the records to be
  399  viewed in electronic format on a computer screen and printed
  400  upon request. The association is not responsible for the use or
  401  misuse of the information provided to an association member or
  402  his or her authorized representative in compliance with this
  403  chapter unless the association has an affirmative duty not to
  404  disclose such information under this chapter.
  405         (c)1.a. The official records of the association are open to
  406  inspection by any association member and any person authorized
  407  by an association member as a representative of such member at
  408  all reasonable times. The right to inspect the records includes
  409  the right to make or obtain copies, at the reasonable expense,
  410  if any, of the member and of the person authorized by the
  411  association member as a representative of such member. A renter
  412  of a unit has a right to inspect and copy only the declaration
  413  of condominium, the association’s bylaws and rules, and the
  414  inspection reports described in ss. 553.899 and 718.301(4)(p).
  415  The association may adopt reasonable rules regarding the
  416  frequency, time, location, notice, and manner of record
  417  inspections and copying but may not require a member to
  418  demonstrate any purpose or state any reason for the inspection.
  419  The failure of an association to provide the records within 10
  420  working days after receipt of a written request creates a
  421  rebuttable presumption that the association willfully failed to
  422  comply with this paragraph. A unit owner who is denied access to
  423  official records is entitled to the actual damages or minimum
  424  damages for the association’s willful failure to comply. Minimum
  425  damages are $50 per calendar day for up to 10 days, beginning on
  426  the 11th working day after receipt of the written request. The
  427  failure to permit inspection entitles any person prevailing in
  428  an enforcement action to recover reasonable attorney fees from
  429  the person in control of the records who, directly or
  430  indirectly, knowingly denied access to the records. If the
  431  requested records are posted on an association’s website, or are
  432  available for download through an application on a mobile
  433  device, the association may fulfill its obligations as provided
  434  under this paragraph by directing all persons authorized to
  435  request access to official records pursuant to this paragraph to
  436  the website or mobile device application.
  437         b.In response to a written request to inspect records, the
  438  association must simultaneously provide a checklist to the
  439  requestor of all records made available for inspection and
  440  copying. The checklist must also identify any of the
  441  association’s official records that were not made available to
  442  the requestor. An association must maintain a checklist provided
  443  under this sub-subparagraph for 7 years. An association
  444  delivering a checklist pursuant to this sub-subparagraph creates
  445  a rebuttable presumption that the association has complied with
  446  this paragraph.
  447         2. Any director or member of the board or association or a
  448  community association manager who knowingly, willfully, and
  449  repeatedly violates subparagraph 1. with the intent of causing
  450  harm to the association or one or more of its members commits a
  451  misdemeanor of the second degree, punishable as provided in s.
  452  775.082 or s. 775.083. For purposes of this subparagraph, the
  453  term “repeatedly” means two or more violations within a 12-month
  454  period.
  455         3.2. Any person who knowingly or intentionally defaces or
  456  destroys accounting records that are required by this chapter to
  457  be maintained during the period for which such records are
  458  required to be maintained, or who knowingly or intentionally
  459  fails to create or maintain accounting records that are required
  460  to be created or maintained, with the intent of causing harm to
  461  the association or one or more of its members, commits a
  462  misdemeanor of the first degree, punishable as provided in s.
  463  775.082 or s. 775.083, and is personally subject to a civil
  464  penalty pursuant to s. 718.501(1)(d).
  465         4. Any person who willfully and knowingly refuses to
  466  release or otherwise produce association records with the intent
  467  to avoid or escape detection, arrest, trial, or punishment for
  468  the commission of a crime, or to assist another person with such
  469  avoidance or escape, commits a felony of the third degree,
  470  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  471         5.3. The association shall maintain an adequate number of
  472  copies of the declaration, articles of incorporation, bylaws,
  473  and rules, and all amendments to each of the foregoing, as well
  474  as the question and answer sheet as described in s. 718.504 and
  475  year-end financial information required under this section, on
  476  the condominium property to ensure their availability to unit
  477  owners and prospective purchasers, and may charge its actual
  478  costs for preparing and furnishing these documents to those
  479  requesting the documents. An association shall allow a member or
  480  his or her authorized representative to use a portable device,
  481  including a smartphone, tablet, portable scanner, or any other
  482  technology capable of scanning or taking photographs, to make an
  483  electronic copy of the official records in lieu of the
  484  association’s providing the member or his or her authorized
  485  representative with a copy of such records. The association may
  486  not charge a member or his or her authorized representative for
  487  the use of a portable device. Notwithstanding this paragraph,
  488  the following records are not accessible to unit owners:
  489         a. Any record protected by the lawyer-client privilege as
  490  described in s. 90.502 and any record protected by the work
  491  product privilege, including a record prepared by an association
  492  attorney or prepared at the attorney’s express direction, which
  493  reflects a mental impression, conclusion, litigation strategy,
  494  or legal theory of the attorney or the association, and which
  495  was prepared exclusively for civil or criminal litigation or for
  496  adversarial administrative proceedings, or which was prepared in
  497  anticipation of such litigation or proceedings until the
  498  conclusion of the litigation or proceedings.
  499         b. Information obtained by an association in connection
  500  with the approval of the lease, sale, or other transfer of a
  501  unit.
  502         c. Personnel records of association or management company
  503  employees, including, but not limited to, disciplinary, payroll,
  504  health, and insurance records. For purposes of this sub
  505  subparagraph, the term “personnel records” does not include
  506  written employment agreements with an association employee or
  507  management company, or budgetary or financial records that
  508  indicate the compensation paid to an association employee.
  509         d. Medical records of unit owners.
  510         e. Social security numbers, driver license numbers, credit
  511  card numbers, e-mail addresses, telephone numbers, facsimile
  512  numbers, emergency contact information, addresses of a unit
  513  owner other than as provided to fulfill the association’s notice
  514  requirements, and other personal identifying information of any
  515  person, excluding the person’s name, unit designation, mailing
  516  address, property address, and any address, e-mail address, or
  517  facsimile number provided to the association to fulfill the
  518  association’s notice requirements. Notwithstanding the
  519  restrictions in this sub-subparagraph, an association may print
  520  and distribute to unit owners a directory containing the name,
  521  unit address, and all telephone numbers of each unit owner.
  522  However, an owner may exclude his or her telephone numbers from
  523  the directory by so requesting in writing to the association. An
  524  owner may consent in writing to the disclosure of other contact
  525  information described in this sub-subparagraph. The association
  526  is not liable for the inadvertent disclosure of information that
  527  is protected under this sub-subparagraph if the information is
  528  included in an official record of the association and is
  529  voluntarily provided by an owner and not requested by the
  530  association.
  531         f. Electronic security measures that are used by the
  532  association to safeguard data, including passwords.
  533         g. The software and operating system used by the
  534  association which allow the manipulation of data, even if the
  535  owner owns a copy of the same software used by the association.
  536  The data is part of the official records of the association.
  537         h. All affirmative acknowledgments made pursuant to s.
  538  718.121(4)(c).
  539         (d) The association shall prepare a question and answer
  540  sheet as described in s. 718.504, and shall update it annually.
  541         (e)1. The association or its authorized agent is not
  542  required to provide a prospective purchaser or lienholder with
  543  information about the condominium or the association other than
  544  information or documents required by this chapter to be made
  545  available or disclosed. The association or its authorized agent
  546  may charge a reasonable fee to the prospective purchaser,
  547  lienholder, or the current unit owner for providing good faith
  548  responses to requests for information by or on behalf of a
  549  prospective purchaser or lienholder, other than that required by
  550  law, if the fee does not exceed $150 plus the reasonable cost of
  551  photocopying and any attorney’s fees incurred by the association
  552  in connection with the response.
  553         2. An association and its authorized agent are not liable
  554  for providing such information in good faith pursuant to a
  555  written request if the person providing the information includes
  556  a written statement in substantially the following form: “The
  557  responses herein are made in good faith and to the best of my
  558  ability as to their accuracy.”
  559         (f) An outgoing board or committee member must relinquish
  560  all official records and property of the association in his or
  561  her possession or under his or her control to the incoming board
  562  within 5 days after the election. The division shall impose a
  563  civil penalty as set forth in s. 718.501(1)(d)6. against an
  564  outgoing board or committee member who willfully and knowingly
  565  fails to relinquish such records and property.
  566         (g)1. By January 1, 2019, an association managing a
  567  condominium with 150 or more units which does not contain
  568  timeshare units shall post digital copies of the documents
  569  specified in subparagraph 2. on its website or make such
  570  documents available through an application that can be
  571  downloaded on a mobile device.
  572         a. The association’s website or application must be:
  573         (I) An independent website, application, or web portal
  574  wholly owned and operated by the association; or
  575         (II) A website, application, or web portal operated by a
  576  third-party provider with whom the association owns, leases,
  577  rents, or otherwise obtains the right to operate a web page,
  578  subpage, web portal, collection of subpages or web portals, or
  579  an application which is dedicated to the association’s
  580  activities and on which required notices, records, and documents
  581  may be posted or made available by the association.
  582         b. The association’s website or application must be
  583  accessible through the Internet and must contain a subpage, web
  584  portal, or other protected electronic location that is
  585  inaccessible to the general public and accessible only to unit
  586  owners and employees of the association.
  587         c. Upon a unit owner’s written request, the association
  588  must provide the unit owner with a username and password and
  589  access to the protected sections of the association’s website or
  590  application which contain any notices, records, or documents
  591  that must be electronically provided.
  592         2. A current copy of the following documents must be posted
  593  in digital format on the association’s website or application:
  594         a. The recorded declaration of condominium of each
  595  condominium operated by the association and each amendment to
  596  each declaration.
  597         b. The recorded bylaws of the association and each
  598  amendment to the bylaws.
  599         c. The articles of incorporation of the association, or
  600  other documents creating the association, and each amendment to
  601  the articles of incorporation or other documents. The copy
  602  posted pursuant to this sub-subparagraph must be a copy of the
  603  articles of incorporation filed with the Department of State.
  604         d. The rules of the association.
  605         e. A list of all executory contracts or documents to which
  606  the association is a party or under which the association or the
  607  unit owners have an obligation or responsibility and, after
  608  bidding for the related materials, equipment, or services has
  609  closed, a list of bids received by the association within the
  610  past year. Summaries of bids for materials, equipment, or
  611  services which exceed $500 must be maintained on the website or
  612  application for 1 year. In lieu of summaries, complete copies of
  613  the bids may be posted.
  614         f. The annual budget required by s. 718.112(2)(f) and any
  615  proposed budget to be considered at the annual meeting.
  616         g. The financial report required by subsection (13) and any
  617  monthly income or expense statement to be considered at a
  618  meeting.
  619         h. The certification of each director required by s.
  620  718.112(2)(d)4.b.
  621         i. All contracts or transactions between the association
  622  and any director, officer, corporation, firm, or association
  623  that is not an affiliated condominium association or any other
  624  entity in which an association director is also a director or
  625  officer and financially interested.
  626         j. Any contract or document regarding a conflict of
  627  interest or possible conflict of interest as provided in ss.
  628  468.4335, 468.436(2)(b)6., and 718.3027(3).
  629         k. The notice of any unit owner meeting and the agenda for
  630  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  631  days before the meeting. The notice must be posted in plain view
  632  on the front page of the website or application, or on a
  633  separate subpage of the website or application labeled “Notices”
  634  which is conspicuously visible and linked from the front page.
  635  The association must also post on its website or application any
  636  document to be considered and voted on by the owners during the
  637  meeting or any document listed on the agenda at least 7 days
  638  before the meeting at which the document or the information
  639  within the document will be considered.
  640         l. Notice of any board meeting, the agenda, and any other
  641  document required for the meeting as required by s.
  642  718.112(2)(c), which must be posted no later than the date
  643  required for notice under s. 718.112(2)(c).
  644         m. The inspection reports described in ss. 553.899 and
  645  718.301(4)(p) and any other inspection report relating to a
  646  structural or life safety inspection of condominium property.
  647         n. The association’s most recent structural integrity
  648  reserve study, if applicable.
  649         o. Copies of all building permits issued for ongoing or
  650  planned construction.
  651         3. The association shall ensure that the information and
  652  records described in paragraph (c), which are not allowed to be
  653  accessible to unit owners, are not posted on the association’s
  654  website or application. If protected information or information
  655  restricted from being accessible to unit owners is included in
  656  documents that are required to be posted on the association’s
  657  website or application, the association shall ensure the
  658  information is redacted before posting the documents.
  659  Notwithstanding the foregoing, the association or its agent is
  660  not liable for disclosing information that is protected or
  661  restricted under this paragraph unless such disclosure was made
  662  with a knowing or intentional disregard of the protected or
  663  restricted nature of such information.
  664         4. The failure of the association to post information
  665  required under subparagraph 2. is not in and of itself
  666  sufficient to invalidate any action or decision of the
  667  association’s board or its committees.
  668         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  669  the fiscal year, or annually on a date provided in the bylaws,
  670  the association shall prepare and complete, or contract for the
  671  preparation and completion of, a financial report for the
  672  preceding fiscal year. Within 21 days after the final financial
  673  report is completed by the association or received from the
  674  third party, but not later than 120 days after the end of the
  675  fiscal year or other date as provided in the bylaws, the
  676  association shall deliver mail to each unit owner, by United
  677  States mail or personal delivery at the mailing address,
  678  property address, e-mail address, or facsimile number provided
  679  to fulfill the association’s notice requirements at the address
  680  last furnished to the association by the unit owner, or hand
  681  deliver to each unit owner, a copy of the most recent financial
  682  report or a notice that a copy of the most recent financial
  683  report will be mailed or hand delivered to the unit owner,
  684  without charge, within 5 business days after receipt of a
  685  written request from the unit owner. The division shall adopt
  686  rules setting forth uniform accounting principles and standards
  687  to be used by all associations and addressing the financial
  688  reporting requirements for multicondominium associations. The
  689  rules must include, but not be limited to, standards for
  690  presenting a summary of association reserves, including a good
  691  faith estimate disclosing the annual amount of reserve funds
  692  that would be necessary for the association to fully fund
  693  reserves for each reserve item based on the straight-line
  694  accounting method. This disclosure is not applicable to reserves
  695  funded via the pooling method. In adopting such rules, the
  696  division shall consider the number of members and annual
  697  revenues of an association. Financial reports shall be prepared
  698  as follows:
  699         (a) An association that meets the criteria of this
  700  paragraph shall prepare a complete set of financial statements
  701  in accordance with generally accepted accounting principles. The
  702  financial statements must be based upon the association’s total
  703  annual revenues, as follows:
  704         1. An association with total annual revenues of $150,000 or
  705  more, but less than $300,000, shall prepare compiled financial
  706  statements.
  707         2. An association with total annual revenues of at least
  708  $300,000, but less than $500,000, shall prepare reviewed
  709  financial statements.
  710         3. An association with total annual revenues of $500,000 or
  711  more shall prepare audited financial statements.
  712         (b)1. An association with total annual revenues of less
  713  than $150,000 shall prepare a report of cash receipts and
  714  expenditures.
  715         2. A report of cash receipts and disbursements must
  716  disclose the amount of receipts by accounts and receipt
  717  classifications and the amount of expenses by accounts and
  718  expense classifications, including, but not limited to, the
  719  following, as applicable: costs for security, professional and
  720  management fees and expenses, taxes, costs for recreation
  721  facilities, expenses for refuse collection and utility services,
  722  expenses for lawn care, costs for building maintenance and
  723  repair, insurance costs, administration and salary expenses, and
  724  reserves accumulated and expended for capital expenditures,
  725  planned deferred maintenance, and any other category for which
  726  the association maintains reserves.
  727         (c) An association may prepare, without a meeting of or
  728  approval by the unit owners:
  729         1. Compiled, reviewed, or audited financial statements, if
  730  the association is required to prepare a report of cash receipts
  731  and expenditures;
  732         2. Reviewed or audited financial statements, if the
  733  association is required to prepare compiled financial
  734  statements; or
  735         3. Audited financial statements if the association is
  736  required to prepare reviewed financial statements.
  737         (d) If approved by a majority of the voting interests
  738  present at a properly called meeting of the association, an
  739  association may prepare:
  740         1. A report of cash receipts and expenditures in lieu of a
  741  compiled, reviewed, or audited financial statement;
  742         2. A report of cash receipts and expenditures or a compiled
  743  financial statement in lieu of a reviewed or audited financial
  744  statement; or
  745         3. A report of cash receipts and expenditures, a compiled
  746  financial statement, or a reviewed financial statement in lieu
  747  of an audited financial statement.
  748  
  749  Such meeting and approval must occur before the end of the
  750  fiscal year and is effective only for the fiscal year in which
  751  the vote is taken. An association may not prepare a financial
  752  report pursuant to this paragraph for consecutive fiscal years,
  753  except that the approval may also be effective for the following
  754  fiscal year. If the developer has not turned over control of the
  755  association, all unit owners, including the developer, may vote
  756  on issues related to the preparation of the association’s
  757  financial reports, from the date of incorporation of the
  758  association through the end of the second fiscal year after the
  759  fiscal year in which the certificate of a surveyor and mapper is
  760  recorded pursuant to s. 718.104(4)(e) or an instrument that
  761  transfers title to a unit in the condominium which is not
  762  accompanied by a recorded assignment of developer rights in
  763  favor of the grantee of such unit is recorded, whichever occurs
  764  first. Thereafter, all unit owners except the developer may vote
  765  on such issues until control is turned over to the association
  766  by the developer. Any audit or review prepared under this
  767  section shall be paid for by the developer if done before
  768  turnover of control of the association.
  769         (e) A unit owner may provide written notice to the division
  770  of the association’s failure to mail or hand deliver him or her
  771  a copy of the most recent financial report within 5 business
  772  days after he or she submitted a written request to the
  773  association for a copy of such report. If the division
  774  determines that the association failed to mail or hand deliver a
  775  copy of the most recent financial report to the unit owner, the
  776  division shall provide written notice to the association that
  777  the association must mail or hand deliver a copy of the most
  778  recent financial report to the unit owner and the division
  779  within 5 business days after it receives such notice from the
  780  division. An association that fails to comply with the
  781  division’s request may not waive the financial reporting
  782  requirement provided in paragraph (d) for the fiscal year in
  783  which the unit owner’s request was made and the following fiscal
  784  year. A financial report received by the division pursuant to
  785  this paragraph shall be maintained, and the division shall
  786  provide a copy of such report to an association member upon his
  787  or her request.
  788         (15) DEBIT CARDS.—
  789         (a) An association and its officers, directors, employees,
  790  and agents may not use a debit card issued in the name of the
  791  association, or billed directly to the association, for the
  792  payment of any association expense.
  793         (b) A person who uses Use of a debit card issued in the
  794  name of the association, or billed directly to the association,
  795  for any expense that is not a lawful obligation of the
  796  association commits theft under s. 812.014. For the purposes of
  797  this paragraph, the term “lawful obligation of the association”
  798  means an obligation that has been properly preapproved by the
  799  board and is reflected in the meeting minutes or the written
  800  budget may be prosecuted as credit card fraud pursuant to s.
  801  817.61.
  802         Section 9. Effective January 1, 2026, paragraph (g) of
  803  subsection (12) of section 718.111, Florida Statutes, as amended
  804  by this act, is amended to read:
  805         718.111 The association.—
  806         (12) OFFICIAL RECORDS.—
  807         (g)1. By January 1, 2019, An association managing a
  808  condominium with 25 150 or more units which does not contain
  809  timeshare units shall post digital copies of the documents
  810  specified in subparagraph 2. on its website or make such
  811  documents available through an application that can be
  812  downloaded on a mobile device.
  813         a. The association’s website or application must be:
  814         (I) An independent website, application, or web portal
  815  wholly owned and operated by the association; or
  816         (II) A website, application, or web portal operated by a
  817  third-party provider with whom the association owns, leases,
  818  rents, or otherwise obtains the right to operate a web page,
  819  subpage, web portal, collection of subpages or web portals, or
  820  an application which is dedicated to the association’s
  821  activities and on which required notices, records, and documents
  822  may be posted or made available by the association.
  823         b. The association’s website or application must be
  824  accessible through the Internet and must contain a subpage, web
  825  portal, or other protected electronic location that is
  826  inaccessible to the general public and accessible only to unit
  827  owners and employees of the association.
  828         c. Upon a unit owner’s written request, the association
  829  must provide the unit owner with a username and password and
  830  access to the protected sections of the association’s website or
  831  application which contain any notices, records, or documents
  832  that must be electronically provided.
  833         2. A current copy of the following documents must be posted
  834  in digital format on the association’s website or application:
  835         a. The recorded declaration of condominium of each
  836  condominium operated by the association and each amendment to
  837  each declaration.
  838         b. The recorded bylaws of the association and each
  839  amendment to the bylaws.
  840         c. The articles of incorporation of the association, or
  841  other documents creating the association, and each amendment to
  842  the articles of incorporation or other documents. The copy
  843  posted pursuant to this sub-subparagraph must be a copy of the
  844  articles of incorporation filed with the Department of State.
  845         d. The rules of the association.
  846         e. A list of all executory contracts or documents to which
  847  the association is a party or under which the association or the
  848  unit owners have an obligation or responsibility and, after
  849  bidding for the related materials, equipment, or services has
  850  closed, a list of bids received by the association within the
  851  past year. Summaries of bids for materials, equipment, or
  852  services which exceed $500 must be maintained on the website or
  853  application for 1 year. In lieu of summaries, complete copies of
  854  the bids may be posted.
  855         f. The annual budget required by s. 718.112(2)(f) and any
  856  proposed budget to be considered at the annual meeting.
  857         g. The financial report required by subsection (13) and any
  858  monthly income or expense statement to be considered at a
  859  meeting.
  860         h. The certification of each director required by s.
  861  718.112(2)(d)4.b.
  862         i. All contracts or transactions between the association
  863  and any director, officer, corporation, firm, or association
  864  that is not an affiliated condominium association or any other
  865  entity in which an association director is also a director or
  866  officer and financially interested.
  867         j. Any contract or document regarding a conflict of
  868  interest or possible conflict of interest as provided in ss.
  869  468.4335, 468.436(2)(b)6., and 718.3027(3).
  870         k. The notice of any unit owner meeting and the agenda for
  871  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  872  days before the meeting. The notice must be posted in plain view
  873  on the front page of the website or application, or on a
  874  separate subpage of the website or application labeled “Notices”
  875  which is conspicuously visible and linked from the front page.
  876  The association must also post on its website or application any
  877  document to be considered and voted on by the owners during the
  878  meeting or any document listed on the agenda at least 7 days
  879  before the meeting at which the document or the information
  880  within the document will be considered.
  881         l. Notice of any board meeting, the agenda, and any other
  882  document required for the meeting as required by s.
  883  718.112(2)(c), which must be posted no later than the date
  884  required for notice under s. 718.112(2)(c).
  885         m. The inspection reports described in ss. 553.899 and
  886  718.301(4)(p) and any other inspection report relating to a
  887  structural or life safety inspection of condominium property.
  888         n. The association’s most recent structural integrity
  889  reserve study, if applicable.
  890         o. Copies of all building permits issued for ongoing or
  891  planned construction.
  892         3. The association shall ensure that the information and
  893  records described in paragraph (c), which are not allowed to be
  894  accessible to unit owners, are not posted on the association’s
  895  website or application. If protected information or information
  896  restricted from being accessible to unit owners is included in
  897  documents that are required to be posted on the association’s
  898  website or application, the association shall ensure the
  899  information is redacted before posting the documents.
  900  Notwithstanding the foregoing, the association or its agent is
  901  not liable for disclosing information that is protected or
  902  restricted under this paragraph unless such disclosure was made
  903  with a knowing or intentional disregard of the protected or
  904  restricted nature of such information.
  905         4. The failure of the association to post information
  906  required under subparagraph 2. is not in and of itself
  907  sufficient to invalidate any action or decision of the
  908  association’s board or its committees.
  909         Section 10. Paragraphs (c), (d), (f), (g), and (q) of
  910  subsection (2) of section 718.112, Florida Statutes, are
  911  amended, and paragraph (r) is added to that section, to read:
  912         718.112 Bylaws.—
  913         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  914  following and, if they do not do so, shall be deemed to include
  915  the following:
  916         (c) Board of administration meetings.In a residential
  917  condominium association of more than 10 units, the board of
  918  administration shall meet at least once each quarter. At least
  919  four times each year, the meeting agenda must include an
  920  opportunity for members to ask questions. Meetings of the board
  921  of administration at which a quorum of the members is present
  922  are open to all unit owners. Members of the board of
  923  administration may use e-mail as a means of communication but
  924  may not cast a vote on an association matter via e-mail. A unit
  925  owner may tape record or videotape the meetings. The right to
  926  attend such meetings includes the right to speak at such
  927  meetings with reference to all designated agenda items, and the
  928  right to ask questions with respect to reports on the status of
  929  construction or repair projects, status of revenues and
  930  expenditures during the current fiscal year, and other issues
  931  affecting the condominium. The division shall adopt reasonable
  932  rules governing the tape recording and videotaping of the
  933  meeting. The association may adopt written reasonable rules
  934  governing the frequency, duration, and manner of unit owner
  935  statements.
  936         1. Adequate notice of all board meetings, which must
  937  specifically identify all agenda items, must be posted
  938  conspicuously on the condominium property at least 48 continuous
  939  hours before the meeting except in an emergency. If 20 percent
  940  of the voting interests petition the board to address an item of
  941  business, the board, within 60 days after receipt of the
  942  petition, shall place the item on the agenda at its next regular
  943  board meeting or at a special meeting called for that purpose.
  944  An item not included on the notice may be taken up on an
  945  emergency basis by a vote of at least a majority plus one of the
  946  board members. Such emergency action must be noticed and
  947  ratified at the next regular board meeting. Written notice of a
  948  meeting at which a nonemergency special assessment or an
  949  amendment to rules regarding unit use will be considered must be
  950  mailed, delivered, or electronically transmitted to the unit
  951  owners and posted conspicuously on the condominium property at
  952  least 14 days before the meeting. Evidence of compliance with
  953  this 14-day notice requirement must be made by an affidavit
  954  executed by the person providing the notice and filed with the
  955  official records of the association. Notice of any meeting in
  956  which regular or special assessments against unit owners are to
  957  be considered must specifically state that assessments will be
  958  considered and provide the estimated cost and description of the
  959  purposes for such assessments.
  960         2. Upon notice to the unit owners, the board shall, by duly
  961  adopted rule, designate a specific location on the condominium
  962  property where all notices of board meetings must be posted. If
  963  there is no condominium property where notices can be posted,
  964  notices shall be mailed, delivered, or electronically
  965  transmitted to each unit owner at least 14 days before the
  966  meeting. In lieu of or in addition to the physical posting of
  967  the notice on the condominium property, the association may, by
  968  reasonable rule, adopt a procedure for conspicuously posting and
  969  repeatedly broadcasting the notice and the agenda on a closed
  970  circuit cable television system serving the condominium
  971  association. However, if broadcast notice is used in lieu of a
  972  notice physically posted on condominium property, the notice and
  973  agenda must be broadcast at least four times every broadcast
  974  hour of each day that a posted notice is otherwise required
  975  under this section. If broadcast notice is provided, the notice
  976  and agenda must be broadcast in a manner and for a sufficient
  977  continuous length of time so as to allow an average reader to
  978  observe the notice and read and comprehend the entire content of
  979  the notice and the agenda. In addition to any of the authorized
  980  means of providing notice of a meeting of the board, the
  981  association may, by rule, adopt a procedure for conspicuously
  982  posting the meeting notice and the agenda on a website serving
  983  the condominium association for at least the minimum period of
  984  time for which a notice of a meeting is also required to be
  985  physically posted on the condominium property. Any rule adopted
  986  shall, in addition to other matters, include a requirement that
  987  the association send an electronic notice in the same manner as
  988  a notice for a meeting of the members, which must include a
  989  hyperlink to the website where the notice is posted, to unit
  990  owners whose e-mail addresses are included in the association’s
  991  official records.
  992         3. Notice of any meeting in which regular or special
  993  assessments against unit owners are to be considered must
  994  specifically state that assessments will be considered and
  995  provide the estimated cost and description of the purposes for
  996  such assessments. If an agenda item relates to the approval of a
  997  contract for goods or services, a copy of the contract must be
  998  provided with the notice, made available for inspection and
  999  copying upon a written request from a unit owner, or made
 1000  available on the association’s website or through an application
 1001  that can be downloaded on a mobile device.
 1002         4.2. Meetings of a committee to take final action on behalf
 1003  of the board or make recommendations to the board regarding the
 1004  association budget are subject to this paragraph. Meetings of a
 1005  committee that does not take final action on behalf of the board
 1006  or make recommendations to the board regarding the association
 1007  budget are subject to this section, unless those meetings are
 1008  exempted from this section by the bylaws of the association.
 1009         5.3. Notwithstanding any other law, the requirement that
 1010  board meetings and committee meetings be open to the unit owners
 1011  does not apply to:
 1012         a. Meetings between the board or a committee and the
 1013  association’s attorney, with respect to proposed or pending
 1014  litigation, if the meeting is held for the purpose of seeking or
 1015  rendering legal advice; or
 1016         b. Board meetings held for the purpose of discussing
 1017  personnel matters.
 1018         (d) Unit owner meetings.—
 1019         1. An annual meeting of the unit owners must be held at the
 1020  location provided in the association bylaws and, if the bylaws
 1021  are silent as to the location, the meeting must be held within
 1022  45 miles of the condominium property. However, such distance
 1023  requirement does not apply to an association governing a
 1024  timeshare condominium.
 1025         2. Unless the bylaws provide otherwise, a vacancy on the
 1026  board caused by the expiration of a director’s term must be
 1027  filled by electing a new board member, and the election must be
 1028  by secret ballot. An election is not required if the number of
 1029  vacancies equals or exceeds the number of candidates. For
 1030  purposes of this paragraph, the term “candidate” means an
 1031  eligible person who has timely submitted the written notice, as
 1032  described in sub-subparagraph 4.a., of his or her intention to
 1033  become a candidate. Except in a timeshare or nonresidential
 1034  condominium, or if the staggered term of a board member does not
 1035  expire until a later annual meeting, or if all members’ terms
 1036  would otherwise expire but there are no candidates, the terms of
 1037  all board members expire at the annual meeting, and such members
 1038  may stand for reelection unless prohibited by the bylaws. Board
 1039  members may serve terms longer than 1 year if permitted by the
 1040  bylaws or articles of incorporation. A board member may not
 1041  serve more than 8 consecutive years unless approved by an
 1042  affirmative vote of unit owners representing two-thirds of all
 1043  votes cast in the election or unless there are not enough
 1044  eligible candidates to fill the vacancies on the board at the
 1045  time of the vacancy. Only board service that occurs on or after
 1046  July 1, 2018, may be used when calculating a board member’s term
 1047  limit. If the number of board members whose terms expire at the
 1048  annual meeting equals or exceeds the number of candidates, the
 1049  candidates become members of the board effective upon the
 1050  adjournment of the annual meeting. Unless the bylaws provide
 1051  otherwise, any remaining vacancies shall be filled by the
 1052  affirmative vote of the majority of the directors making up the
 1053  newly constituted board even if the directors constitute less
 1054  than a quorum or there is only one director. In a residential
 1055  condominium association of more than 10 units or in a
 1056  residential condominium association that does not include
 1057  timeshare units or timeshare interests, co-owners of a unit may
 1058  not serve as members of the board of directors at the same time
 1059  unless they own more than one unit or unless there are not
 1060  enough eligible candidates to fill the vacancies on the board at
 1061  the time of the vacancy. A unit owner in a residential
 1062  condominium desiring to be a candidate for board membership must
 1063  comply with sub-subparagraph 4.a. and must be eligible to be a
 1064  candidate to serve on the board of directors at the time of the
 1065  deadline for submitting a notice of intent to run in order to
 1066  have his or her name listed as a proper candidate on the ballot
 1067  or to serve on the board. A person who has been suspended or
 1068  removed by the division under this chapter, or who is delinquent
 1069  in the payment of any assessment due to the association, is not
 1070  eligible to be a candidate for board membership and may not be
 1071  listed on the ballot. For purposes of this paragraph, a person
 1072  is delinquent if a payment is not made by the due date as
 1073  specifically identified in the declaration of condominium,
 1074  bylaws, or articles of incorporation. If a due date is not
 1075  specifically identified in the declaration of condominium,
 1076  bylaws, or articles of incorporation, the due date is the first
 1077  day of the assessment period. A person who has been convicted of
 1078  any felony in this state or in a United States District or
 1079  Territorial Court, or who has been convicted of any offense in
 1080  another jurisdiction which would be considered a felony if
 1081  committed in this state, is not eligible for board membership
 1082  unless such felon’s civil rights have been restored for at least
 1083  5 years as of the date such person seeks election to the board.
 1084  The validity of an action by the board is not affected if it is
 1085  later determined that a board member is ineligible for board
 1086  membership due to having been convicted of a felony. This
 1087  subparagraph does not limit the term of a member of the board of
 1088  a nonresidential or timeshare condominium.
 1089         3. The bylaws must provide the method of calling meetings
 1090  of unit owners, including annual meetings. Written notice of an
 1091  annual meeting must include an agenda; be mailed, hand
 1092  delivered, or electronically transmitted to each unit owner at
 1093  least 14 days before the annual meeting; and be posted in a
 1094  conspicuous place on the condominium property or association
 1095  property at least 14 continuous days before the annual meeting.
 1096  Written notice of a meeting other than an annual meeting must
 1097  include an agenda; be mailed, hand delivered, or electronically
 1098  transmitted to each unit owner; and be posted in a conspicuous
 1099  place on the condominium property or association property within
 1100  the timeframe specified in the bylaws. If the bylaws do not
 1101  specify a timeframe for written notice of a meeting other than
 1102  an annual meeting, notice must be provided at least 14
 1103  continuous days before the meeting. Upon notice to the unit
 1104  owners, the board shall, by duly adopted rule, designate a
 1105  specific location on the condominium property or association
 1106  property where all notices of unit owner meetings must be
 1107  posted. This requirement does not apply if there is no
 1108  condominium property for posting notices. In lieu of, or in
 1109  addition to, the physical posting of meeting notices, the
 1110  association may, by reasonable rule, adopt a procedure for
 1111  conspicuously posting and repeatedly broadcasting the notice and
 1112  the agenda on a closed-circuit cable television system serving
 1113  the condominium association. However, if broadcast notice is
 1114  used in lieu of a notice posted physically on the condominium
 1115  property, the notice and agenda must be broadcast at least four
 1116  times every broadcast hour of each day that a posted notice is
 1117  otherwise required under this section. If broadcast notice is
 1118  provided, the notice and agenda must be broadcast in a manner
 1119  and for a sufficient continuous length of time so as to allow an
 1120  average reader to observe the notice and read and comprehend the
 1121  entire content of the notice and the agenda. In addition to any
 1122  of the authorized means of providing notice of a meeting of the
 1123  board, the association may, by rule, adopt a procedure for
 1124  conspicuously posting the meeting notice and the agenda on a
 1125  website serving the condominium association for at least the
 1126  minimum period of time for which a notice of a meeting is also
 1127  required to be physically posted on the condominium property.
 1128  Any rule adopted shall, in addition to other matters, include a
 1129  requirement that the association send an electronic notice in
 1130  the same manner as a notice for a meeting of the members, which
 1131  must include a hyperlink to the website where the notice is
 1132  posted, to unit owners whose e-mail addresses are included in
 1133  the association’s official records. Unless a unit owner waives
 1134  in writing the right to receive notice of the annual meeting,
 1135  such notice must be hand delivered, mailed, or electronically
 1136  transmitted to each unit owner. Notice for meetings and notice
 1137  for all other purposes must be mailed to each unit owner at the
 1138  address last furnished to the association by the unit owner, or
 1139  hand delivered to each unit owner. However, if a unit is owned
 1140  by more than one person, the association must provide notice to
 1141  the address that the developer identifies for that purpose and
 1142  thereafter as one or more of the owners of the unit advise the
 1143  association in writing, or if no address is given or the owners
 1144  of the unit do not agree, to the address provided on the deed of
 1145  record. An officer of the association, or the manager or other
 1146  person providing notice of the association meeting, must provide
 1147  an affidavit or United States Postal Service certificate of
 1148  mailing, to be included in the official records of the
 1149  association affirming that the notice was mailed or hand
 1150  delivered in accordance with this provision.
 1151         4. The members of the board of a residential condominium
 1152  shall be elected by written ballot or voting machine. Proxies
 1153  may not be used in electing the board in general elections or
 1154  elections to fill vacancies caused by recall, resignation, or
 1155  otherwise, unless otherwise provided in this chapter. This
 1156  subparagraph does not apply to an association governing a
 1157  timeshare condominium.
 1158         a. At least 60 days before a scheduled election, the
 1159  association shall mail, deliver, or electronically transmit, by
 1160  separate association mailing or included in another association
 1161  mailing, delivery, or transmission, including regularly
 1162  published newsletters, to each unit owner entitled to a vote, a
 1163  first notice of the date of the election. A unit owner or other
 1164  eligible person desiring to be a candidate for the board must
 1165  give written notice of his or her intent to be a candidate to
 1166  the association at least 40 days before a scheduled election.
 1167  Together with the written notice and agenda as set forth in
 1168  subparagraph 3., the association shall mail, deliver, or
 1169  electronically transmit a second notice of the election to all
 1170  unit owners entitled to vote, together with a ballot that lists
 1171  all candidates not less than 14 days or more than 34 days before
 1172  the date of the election. Upon request of a candidate, an
 1173  information sheet, no larger than 8 1/2 inches by 11 inches,
 1174  which must be furnished by the candidate at least 35 days before
 1175  the election, must be included with the mailing, delivery, or
 1176  transmission of the ballot, with the costs of mailing, delivery,
 1177  or electronic transmission and copying to be borne by the
 1178  association. The association is not liable for the contents of
 1179  the information sheets prepared by the candidates. In order to
 1180  reduce costs, the association may print or duplicate the
 1181  information sheets on both sides of the paper. The division
 1182  shall by rule establish voting procedures consistent with this
 1183  sub-subparagraph, including rules establishing procedures for
 1184  giving notice by electronic transmission and rules providing for
 1185  the secrecy of ballots. Elections shall be decided by a
 1186  plurality of ballots cast. There is no quorum requirement;
 1187  however, at least 20 percent of the eligible voters must cast a
 1188  ballot in order to have a valid election. A unit owner may not
 1189  authorize any other person to vote his or her ballot, and any
 1190  ballots improperly cast are invalid. A unit owner who violates
 1191  this provision may be fined by the association in accordance
 1192  with s. 718.303. A unit owner who needs assistance in casting
 1193  the ballot for the reasons stated in s. 101.051 may obtain such
 1194  assistance. The regular election must occur on the date of the
 1195  annual meeting. Notwithstanding this sub-subparagraph, an
 1196  election is not required unless more candidates file notices of
 1197  intent to run or are nominated than board vacancies exist.
 1198         b. A director of a Within 90 days after being elected or
 1199  appointed to the board of an association of a residential
 1200  condominium, each newly elected or appointed director shall:
 1201         (I) Certify in writing to the secretary of the association
 1202  that he or she has read the association’s declaration of
 1203  condominium, articles of incorporation, bylaws, and current
 1204  written policies; that he or she will work to uphold such
 1205  documents and policies to the best of his or her ability; and
 1206  that he or she will faithfully discharge his or her fiduciary
 1207  responsibility to the association’s members. In lieu of this
 1208  written certification, within 90 days after being elected or
 1209  appointed to the board, the newly elected or appointed director
 1210  may
 1211         (II) Submit to the secretary of the association a
 1212  certificate of having satisfactorily completed the educational
 1213  curriculum administered by a division-approved condominium
 1214  education provider within 1 year before or 90 days after the
 1215  date of election or appointment. The education curriculum must
 1216  be least 4 hours long and address director and officer fiduciary
 1217  duty, milestone inspections under s. 553.899, structural
 1218  integrity reserve studies, and at least four of the following
 1219  topics: budgets and reserves, elections, financial reporting,
 1220  condominium operations, records maintenance, including unit
 1221  owner access to records, dispute resolution, and bids and
 1222  contracts.
 1223  
 1224  Each newly elected or appointed director must submit the written
 1225  certification and educational certificate to the secretary of
 1226  the association within 1 year before being elected or appointed
 1227  or within 90 days after the date of election or appointment. A
 1228  director of an association of a residential condominium who was
 1229  elected or appointed before July 1, 2024, shall comply with the
 1230  written certification and educational certificate requirements
 1231  in this sub-subparagraph by June 30, 2025. The written
 1232  certification and or educational certificate is valid for 7
 1233  years from the date of issuance and does not have to be
 1234  resubmitted as long as the director serves on the board without
 1235  interruption during the 7-year period. A director who is
 1236  appointed by the developer may satisfy the educational
 1237  certificate requirement in sub-sub-subparagraph (II) for any
 1238  subsequent appointment to a board by a developer within 7 years
 1239  after the date of issuance of the most recent educational
 1240  certificate, including any interruption of service on a board or
 1241  an appointment to a board in another association within that 7
 1242  year period. Additionally, one year after submission of the most
 1243  recent written certification and educational certificate, and
 1244  annually thereafter, a director of an association of a
 1245  residential condominium must submit to the secretary of the
 1246  association a certificate of having satisfactorily completed an
 1247  educational curriculum administered by a division-approved
 1248  condominium education provider, relating to any recent changes
 1249  to this chapter and the related administrative rules during the
 1250  past year. The cost of a required educational curriculum and
 1251  certificate is an expense of the association which the
 1252  association may pay on behalf of the director or reimburse the
 1253  director for his or her expense. A director of an association of
 1254  a residential condominium who fails to timely file the written
 1255  certification and or educational certificate is suspended from
 1256  service on the board until he or she complies with this sub
 1257  subparagraph. The board may temporarily fill the vacancy during
 1258  the period of suspension. The secretary shall cause the
 1259  association to retain a director’s written certification and or
 1260  educational certificate for inspection by the members for 7 5
 1261  years after a director’s election or the duration of the
 1262  director’s uninterrupted tenure, whichever is longer. Failure to
 1263  have such written certification and or educational certificate
 1264  on file does not affect the validity of any board action.
 1265         c. Any challenge to the election process must be commenced
 1266  within 60 days after the election results are announced.
 1267         5. Any approval by unit owners called for by this chapter
 1268  or the applicable declaration or bylaws, including, but not
 1269  limited to, the approval requirement in s. 718.111(8), must be
 1270  made at a duly noticed meeting of unit owners and is subject to
 1271  all requirements of this chapter or the applicable condominium
 1272  documents relating to unit owner decisionmaking, except that
 1273  unit owners may take action by written agreement, without
 1274  meetings, on matters for which action by written agreement
 1275  without meetings is expressly allowed by the applicable bylaws
 1276  or declaration or any law that provides for such action.
 1277         6. Unit owners may waive notice of specific meetings if
 1278  allowed by the applicable bylaws or declaration or any law.
 1279  Notice of meetings of the board of administration; unit owner
 1280  meetings, except unit owner meetings called to recall board
 1281  members under paragraph (l); and committee meetings may be given
 1282  by electronic transmission to unit owners who consent to receive
 1283  notice by electronic transmission. A unit owner who consents to
 1284  receiving notices by electronic transmission is solely
 1285  responsible for removing or bypassing filters that block receipt
 1286  of mass e-mails sent to members on behalf of the association in
 1287  the course of giving electronic notices.
 1288         7. Unit owners have the right to participate in meetings of
 1289  unit owners with reference to all designated agenda items.
 1290  However, the association may adopt reasonable rules governing
 1291  the frequency, duration, and manner of unit owner participation.
 1292         8. A unit owner may tape record or videotape a meeting of
 1293  the unit owners subject to reasonable rules adopted by the
 1294  division.
 1295         9. Unless otherwise provided in the bylaws, any vacancy
 1296  occurring on the board before the expiration of a term may be
 1297  filled by the affirmative vote of the majority of the remaining
 1298  directors, even if the remaining directors constitute less than
 1299  a quorum, or by the sole remaining director. In the alternative,
 1300  a board may hold an election to fill the vacancy, in which case
 1301  the election procedures must conform to sub-subparagraph 4.a.
 1302  unless the association governs 10 units or fewer and has opted
 1303  out of the statutory election process, in which case the bylaws
 1304  of the association control. Unless otherwise provided in the
 1305  bylaws, a board member appointed or elected under this section
 1306  shall fill the vacancy for the unexpired term of the seat being
 1307  filled. Filling vacancies created by recall is governed by
 1308  paragraph (l) and rules adopted by the division.
 1309         10. This chapter does not limit the use of general or
 1310  limited proxies, require the use of general or limited proxies,
 1311  or require the use of a written ballot or voting machine for any
 1312  agenda item or election at any meeting of a timeshare
 1313  condominium association or nonresidential condominium
 1314  association.
 1315  
 1316  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
 1317  association of 10 or fewer units may, by affirmative vote of a
 1318  majority of the total voting interests, provide for different
 1319  voting and election procedures in its bylaws, which may be by a
 1320  proxy specifically delineating the different voting and election
 1321  procedures. The different voting and election procedures may
 1322  provide for elections to be conducted by limited or general
 1323  proxy.
 1324         (f) Annual budget.—
 1325         1. The proposed annual budget of estimated revenues and
 1326  expenses must be detailed and must show the amounts budgeted by
 1327  accounts and expense classifications, including, at a minimum,
 1328  any applicable expenses listed in s. 718.504(21). The board
 1329  shall adopt the annual budget at least 14 days before the start
 1330  of the association’s fiscal year. In the event that the board
 1331  fails to timely adopt the annual budget a second time, it is
 1332  deemed a minor violation and the prior year’s budget shall
 1333  continue in effect until a new budget is adopted. A
 1334  multicondominium association must adopt a separate budget of
 1335  common expenses for each condominium the association operates
 1336  and must adopt a separate budget of common expenses for the
 1337  association. In addition, if the association maintains limited
 1338  common elements with the cost to be shared only by those
 1339  entitled to use the limited common elements as provided for in
 1340  s. 718.113(1), the budget or a schedule attached to it must show
 1341  the amount budgeted for this maintenance. If, after turnover of
 1342  control of the association to the unit owners, any of the
 1343  expenses listed in s. 718.504(21) are not applicable, they do
 1344  not need to be listed.
 1345         2.a. In addition to annual operating expenses, the budget
 1346  must include reserve accounts for capital expenditures and
 1347  planned deferred maintenance. These accounts must include, but
 1348  are not limited to, roof replacement, building painting, and
 1349  pavement resurfacing, regardless of the amount of planned
 1350  deferred maintenance expense or replacement cost, and any other
 1351  item that has a planned deferred maintenance expense or
 1352  replacement cost that exceeds $10,000. The amount to be reserved
 1353  must be computed using a formula based upon estimated remaining
 1354  useful life and estimated replacement cost or planned deferred
 1355  maintenance expense of the reserve item. In a budget adopted by
 1356  an association that is required to obtain a structural integrity
 1357  reserve study, reserves must be maintained for the items
 1358  identified in paragraph (g) for which the association is
 1359  responsible pursuant to the declaration of condominium, and the
 1360  reserve amount for such items must be based on the findings and
 1361  recommendations of the association’s most recent structural
 1362  integrity reserve study. With respect to items for which an
 1363  estimate of useful life is not readily ascertainable or with an
 1364  estimated remaining useful life of greater than 25 years, an
 1365  association is not required to reserve replacement costs for
 1366  such items, but an association must reserve the amount of
 1367  planned deferred maintenance expense, if any, which is
 1368  recommended by the structural integrity reserve study for such
 1369  items. The association may adjust replacement reserve
 1370  assessments annually to take into account an inflation
 1371  adjustment and any changes in estimates or extension of the
 1372  useful life of a reserve item caused by planned deferred
 1373  maintenance. The members of a unit-owner-controlled association
 1374  may determine, by a majority vote of the total voting interests
 1375  of the association, to provide no reserves or less reserves than
 1376  required by this subsection. For a budget adopted on or after
 1377  December 31, 2024, the members of a unit-owner-controlled
 1378  association that must obtain a structural integrity reserve
 1379  study may not determine to provide no reserves or less reserves
 1380  than required by this subsection for items listed in paragraph
 1381  (g), except that members of an association operating a
 1382  multicondominium may determine to provide no reserves or less
 1383  reserves than required by this subsection if an alternative
 1384  funding method has been approved by the division. If the local
 1385  building official, as defined in s. 468.603, determines that the
 1386  entire condominium building is uninhabitable due to a natural
 1387  emergency, as defined in s. 252.34, the board, upon the approval
 1388  of a majority of its members, may pause the contribution to its
 1389  reserves or reduce reserve funding until the local building
 1390  official determines that the condominium building is habitable.
 1391  Any reserve account funds held by the association may be
 1392  expended, pursuant to the board’s determination, to make the
 1393  condominium building and its structures habitable. Upon the
 1394  determination by the local building official that the
 1395  condominium building and its structures are habitable, the
 1396  association must immediately resume contributing funds to its
 1397  reserves.
 1398         b. Before turnover of control of an association by a
 1399  developer to unit owners other than a developer under s.
 1400  718.301, the developer-controlled association may not vote to
 1401  waive the reserves or reduce funding of the reserves. If a
 1402  meeting of the unit owners has been called to determine whether
 1403  to waive or reduce the funding of reserves and no such result is
 1404  achieved or a quorum is not attained, the reserves included in
 1405  the budget shall go into effect. After the turnover, the
 1406  developer may vote its voting interest to waive or reduce the
 1407  funding of reserves.
 1408         3. Reserve funds and any interest accruing thereon shall
 1409  remain in the reserve account or accounts, and may be used only
 1410  for authorized reserve expenditures unless their use for other
 1411  purposes is approved in advance by a majority vote of all the
 1412  total voting interests of the association. Before turnover of
 1413  control of an association by a developer to unit owners other
 1414  than the developer pursuant to s. 718.301, the developer
 1415  controlled association may not vote to use reserves for purposes
 1416  other than those for which they were intended. For a budget
 1417  adopted on or after December 31, 2024, members of a unit-owner
 1418  controlled association that must obtain a structural integrity
 1419  reserve study may not vote to use reserve funds, or any interest
 1420  accruing thereon, for any other purpose other than the
 1421  replacement or planned deferred maintenance costs of the
 1422  components listed in paragraph (g).
 1423         4. The only voting interests that are eligible to vote on
 1424  questions that involve waiving or reducing the funding of
 1425  reserves, or using existing reserve funds for purposes other
 1426  than purposes for which the reserves were intended, are the
 1427  voting interests of the units subject to assessment to fund the
 1428  reserves in question. Proxy questions relating to waiving or
 1429  reducing the funding of reserves or using existing reserve funds
 1430  for purposes other than purposes for which the reserves were
 1431  intended must contain the following statement in capitalized,
 1432  bold letters in a font size larger than any other used on the
 1433  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
 1434  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
 1435  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1436  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1437         (g) Structural integrity reserve study.—
 1438         1. A residential condominium association must have a
 1439  structural integrity reserve study completed at least every 10
 1440  years after the condominium’s creation for each building on the
 1441  condominium property that is three stories or higher in height,
 1442  as determined by the Florida Building Code, which includes, at a
 1443  minimum, a study of the following items as related to the
 1444  structural integrity and safety of the building:
 1445         a. Roof.
 1446         b. Structure, including load-bearing walls and other
 1447  primary structural members and primary structural systems as
 1448  those terms are defined in s. 627.706.
 1449         c. Fireproofing and fire protection systems.
 1450         d. Plumbing.
 1451         e. Electrical systems.
 1452         f. Waterproofing and exterior painting.
 1453         g. Windows and exterior doors.
 1454         h. Any other item that has a planned deferred maintenance
 1455  expense or replacement cost that exceeds $10,000 and the failure
 1456  to replace or maintain such item negatively affects the items
 1457  listed in sub-subparagraphs a.-g., as determined by the visual
 1458  inspection portion of the structural integrity reserve study.
 1459         2. A structural integrity reserve study is based on a
 1460  visual inspection of the condominium property. A structural
 1461  integrity reserve study may be performed by any person qualified
 1462  to perform such study. However, the visual inspection portion of
 1463  the structural integrity reserve study must be performed or
 1464  verified by an engineer licensed under chapter 471, an architect
 1465  licensed under chapter 481, or a person certified as a reserve
 1466  specialist or professional reserve analyst by the Community
 1467  Associations Institute or the Association of Professional
 1468  Reserve Analysts.
 1469         3. At a minimum, a structural integrity reserve study must
 1470  identify each item of the condominium property being visually
 1471  inspected, state the estimated remaining useful life and the
 1472  estimated replacement cost or planned deferred maintenance
 1473  expense of each item of the condominium property being visually
 1474  inspected, and provide a reserve funding schedule with a
 1475  recommended annual reserve amount that achieves the estimated
 1476  replacement cost or planned deferred maintenance expense of each
 1477  item of condominium property being visually inspected by the end
 1478  of the estimated remaining useful life of the item. The
 1479  structural integrity reserve study may recommend that reserves
 1480  do not need to be maintained for any item for which an estimate
 1481  of useful life and an estimate of replacement cost cannot be
 1482  determined, or the study may recommend a planned deferred
 1483  maintenance expense amount for such item. The structural
 1484  integrity reserve study may recommend that reserves for
 1485  replacement costs do not need to be maintained for any item with
 1486  an estimated remaining useful life of greater than 25 years, but
 1487  the study may recommend a planned deferred maintenance expense
 1488  amount for such item. If the condominium building or units are
 1489  unsafe and uninhabitable due to substantial damage or loss as
 1490  determined by the local enforcement agency, as defined in s.
 1491  533.71(5), and it is in the best interests of the association to
 1492  use revenues and existing reserve funds to perform necessary
 1493  repairs to make the building safe and habitable, the structural
 1494  integrity reserve study may recommend a temporary pause in
 1495  reserve funding or reduced reserve funding, but the association
 1496  may not pause reserve funding after the building has been
 1497  declared safe for occupancy by the local enforcement agency.
 1498         4. This paragraph does not apply to buildings less than
 1499  three stories in height; single-family, two-family, or three
 1500  family, or four-family dwellings with three or fewer habitable
 1501  stories above ground; any portion or component of a building
 1502  that has not been submitted to the condominium form of
 1503  ownership; or any portion or component of a building that is
 1504  maintained by a party other than the association.
 1505         5. Before a developer turns over control of an association
 1506  to unit owners other than the developer, the developer must have
 1507  a turnover inspection report in compliance with s. 718.301(4)(p)
 1508  and (q) for each building on the condominium property that is
 1509  three stories or higher in height.
 1510         6. Associations existing on or before July 1, 2022, which
 1511  are controlled by unit owners other than the developer, must
 1512  have a structural integrity reserve study completed by December
 1513  31, 2024, for each building on the condominium property that is
 1514  three stories or higher in height. An association that is
 1515  required to complete a milestone inspection in accordance with
 1516  s. 553.899 on or before December 31, 2026, may complete the
 1517  structural integrity reserve study simultaneously with the
 1518  milestone inspection. In no event may the structural integrity
 1519  reserve study be completed after December 31, 2026.
 1520         7. If the milestone inspection required by s. 553.899, or
 1521  an inspection completed for a similar local requirement, was
 1522  performed within the past 5 years and meets the requirements of
 1523  this paragraph, such inspection may be used in place of the
 1524  visual inspection portion of the structural integrity reserve
 1525  study.
 1526         8. If the officers or directors of an association willfully
 1527  and knowingly fail to complete a structural integrity reserve
 1528  study pursuant to this paragraph, such failure is a breach of an
 1529  officer’s and director’s fiduciary relationship to the unit
 1530  owners under s. 718.111(1).
 1531         9. Within 45 days after receiving the structural integrity
 1532  reserve study, the association must distribute a copy of the
 1533  study to each unit owner or deliver to each unit owner a notice
 1534  that the completed study is available for inspection and copying
 1535  upon a written request. Distribution of a copy of the study or
 1536  notice must be made by United States mail or personal delivery
 1537  at the mailing address, property address, or any other address
 1538  of the owner provided to fulfill the association’s notice
 1539  requirements under this chapter, or by electronic transmission
 1540  to the e-mail address or facsimile number provided to fulfill
 1541  the association’s notice requirements to unit owners who
 1542  previously consented to receive notice by electronic
 1543  transmission.
 1544         (q) Director or officer offenses.—
 1545         1. A director or an officer charged by information or
 1546  indictment with any of the following crimes is deemed removed
 1547  from office and a vacancy declared:
 1548         a.Forgery of a ballot envelope or voting certificate used
 1549  in a condominium association election as provided in s. 831.01.
 1550         b.Theft or embezzlement involving the association’s funds
 1551  or property as provided in s. 812.014.
 1552         c.Destruction of, or the refusal to allow inspection or
 1553  copying of, an official record of a condominium association
 1554  which is accessible to unit owners within the time periods
 1555  required by general law, in furtherance of any crime. Such act
 1556  constitutes tampering with physical evidence as provided in s.
 1557  918.13.
 1558         d.Obstruction of justice under chapter 843.
 1559         e. Any criminal violation under this chapter.
 1560         2. The board shall fill the vacancy in accordance with
 1561  paragraph (2)(d) a felony theft or embezzlement offense
 1562  involving the association’s funds or property must be removed
 1563  from office, creating a vacancy in the office to be filled
 1564  according to law until the end of the period of the suspension
 1565  or the end of the director’s term of office, whichever occurs
 1566  first. While such director or officer has such criminal charge
 1567  pending, he or she may not be appointed or elected to a position
 1568  as a director or an officer of any association and may not have
 1569  access to the official records of any association, except
 1570  pursuant to a court order. However, if the charges are resolved
 1571  without a finding of guilt, the director or officer shall be
 1572  reinstated for the remainder of his or her term of office, if
 1573  any.
 1574         (r) Fraudulent voting activities relating to association
 1575  elections; penalties.
 1576         1. A person who engages in the following acts of fraudulent
 1577  voting activity relating to association elections commits a
 1578  misdemeanor of the first degree, punishable as provided in s.
 1579  775.082 or s. 775.083:
 1580         a. Willfully and falsely swearing to or affirming an oath
 1581  or affirmation, or willfully procuring another person to falsely
 1582  swear to or affirm an oath or affirmation, in connection with or
 1583  arising out of voting activities.
 1584         b. Perpetrating or attempting to perpetrate, or aiding in
 1585  the perpetration of, fraud in connection with a vote cast, to be
 1586  cast, or attempted to be cast.
 1587         c. Preventing a member from voting or preventing a member
 1588  from voting as he or she intended by fraudulently changing or
 1589  attempting to change a ballot, ballot envelope, vote, or voting
 1590  certificate of the member.
 1591         d. Menacing, threatening, or using bribery or any other
 1592  corruption to attempt, directly or indirectly, to influence,
 1593  deceive, or deter a member when the member is voting.
 1594         e. Giving or promising, directly or indirectly, anything of
 1595  value to another member with the intent to buy the vote of that
 1596  member or another member or to corruptly influence that member
 1597  or another member in casting his or her vote. This subsection
 1598  does not apply to any food served which is to be consumed at an
 1599  election rally or a meeting or to any item of nominal value
 1600  which is used as an election advertisement, including a campaign
 1601  message designed to be worn by a member.
 1602         f. Using or threatening to use, directly or indirectly,
 1603  force, violence, or intimidation or any tactic of coercion or
 1604  intimidation to induce or compel a member to vote or refrain
 1605  from voting in an election or on a particular ballot measure.
 1606         2. Each of the following acts constitutes a misdemeanor of
 1607  the first degree, punishable as provided in s. 775.082 or s.
 1608  775.083:
 1609         a. Knowingly aiding, abetting, or advising a person in the
 1610  commission of a fraudulent voting activity related to
 1611  association elections.
 1612         b. Agreeing, conspiring, combining, or confederating with
 1613  at least one other person to commit a fraudulent voting activity
 1614  related to association elections.
 1615         c. Having knowledge of a fraudulent voting activity related
 1616  to association elections and giving any aid to the offender with
 1617  intent that the offender avoid or escape detection, arrest,
 1618  trial, or punishment.
 1619  
 1620  This subparagraph does not apply to a licensed attorney giving
 1621  legal advice to a client.
 1622         3. Any person charged by information or indictment for any
 1623  of the crimes in this paragraph shall be deemed removed from
 1624  office and a vacancy declared.
 1625         Section 11. Subsection (5) of section 718.113, Florida
 1626  Statutes, is amended to read:
 1627         718.113 Maintenance; limitation upon improvement; display
 1628  of flag; hurricane shutters and protection; display of religious
 1629  decorations.—
 1630         (5) To protect the health, safety, and welfare of the
 1631  people of this state and to ensure uniformity and consistency in
 1632  the hurricane protections installed by condominium associations
 1633  and unit owners, this subsection applies to all residential and
 1634  mixed-use condominiums in this state, regardless of when the
 1635  condominium is created pursuant to the declaration of
 1636  condominium. Each board of administration of a residential
 1637  condominium or mixed-use condominium shall adopt hurricane
 1638  protection shutter specifications for each building within each
 1639  condominium operated by the association which may shall include
 1640  color, style, and other factors deemed relevant by the board.
 1641  All specifications adopted by the board must comply with the
 1642  applicable building code. The installation, maintenance, repair,
 1643  replacement, and operation of hurricane protection in accordance
 1644  with this subsection is not considered a material alteration or
 1645  substantial addition to the common elements or association
 1646  property within the meaning of this section.
 1647         (a) The board may, subject to s. 718.3026 and the approval
 1648  of a majority of voting interests of the residential condominium
 1649  or mixed-use condominium, install or require that unit owners
 1650  install hurricane shutters, impact glass, code-compliant windows
 1651  or doors, or other types of code-compliant hurricane protection
 1652  that complies comply with or exceeds exceed the applicable
 1653  building code. A vote of the unit owners to require the
 1654  installation of hurricane protection must be set forth in a
 1655  certificate attesting to such vote and include the date that the
 1656  hurricane protection must be installed. The board must record
 1657  the certificate in the public records of the county where the
 1658  condominium is located. The certificate must include the
 1659  recording data identifying the declaration of condominium and
 1660  must be executed in the form required for the execution of a
 1661  deed. Once the certificate is recorded, the board must mail or
 1662  hand deliver a copy of the recorded certificate to the unit
 1663  owners at the owners’ addresses, as reflected in the records of
 1664  the association. The board may provide a copy of the recorded
 1665  certificate by electronic transmission to unit owners who
 1666  previously consented to receive notice by electronic
 1667  transmission. The failure to record the certificate or send a
 1668  copy of the recorded certificate to the unit owners does not
 1669  affect the validity or enforceability of the vote of the unit
 1670  owners. However, A vote of the unit owners under this paragraph
 1671  is not required if the installation, maintenance, repair, and
 1672  replacement of the hurricane shutters, impact glass, code
 1673  compliant windows or doors, or other types of code-compliant
 1674  hurricane protection, or any exterior windows, doors, or other
 1675  apertures protected by the hurricane protection, is are the
 1676  responsibility of the association pursuant to the declaration of
 1677  condominium as originally recorded or as amended, or if the unit
 1678  owners are required to install hurricane protection pursuant to
 1679  the declaration of condominium as originally recorded or as
 1680  amended. If hurricane protection or laminated glass or window
 1681  film architecturally designed to function as hurricane
 1682  protection that complies with or exceeds the current applicable
 1683  building code has been previously installed, the board may not
 1684  install the same type of hurricane shutters, impact glass, code
 1685  compliant windows or doors, or other types of code-compliant
 1686  hurricane protection or require that unit owners install the
 1687  same type of hurricane protection unless the installed hurricane
 1688  protection has reached the end of its useful life or unless it
 1689  is necessary to prevent damage to the common elements or to a
 1690  unit except upon approval by a majority vote of the voting
 1691  interests.
 1692         (b)The association is responsible for the maintenance,
 1693  repair, and replacement of the hurricane shutters, impact glass,
 1694  code-compliant windows or doors, or other types of code
 1695  compliant hurricane protection authorized by this subsection if
 1696  such property is the responsibility of the association pursuant
 1697  to the declaration of condominium. If the hurricane shutters,
 1698  impact glass, code-compliant windows or doors, or other types of
 1699  code-compliant hurricane protection are the responsibility of
 1700  the unit owners pursuant to the declaration of condominium, the
 1701  maintenance, repair, and replacement of such items are the
 1702  responsibility of the unit owner.
 1703         (b)(c) The board may operate shutters, impact glass, code
 1704  compliant windows or doors, or other types of code-compliant
 1705  hurricane protection installed pursuant to this subsection
 1706  without permission of the unit owners only if such operation is
 1707  necessary to preserve and protect the condominium property or
 1708  and association property. The installation, replacement,
 1709  operation, repair, and maintenance of such shutters, impact
 1710  glass, code-compliant windows or doors, or other types of code
 1711  compliant hurricane protection in accordance with the procedures
 1712  set forth in this paragraph are not a material alteration to the
 1713  common elements or association property within the meaning of
 1714  this section.
 1715         (c)(d) Notwithstanding any other provision in the
 1716  residential condominium or mixed-use condominium documents, if
 1717  approval is required by the documents, a board may not refuse to
 1718  approve the installation or replacement of hurricane shutters,
 1719  impact glass, code-compliant windows or doors, or other types of
 1720  code-compliant hurricane protection by a unit owner which
 1721  conforms conforming to the specifications adopted by the board.
 1722  However, a board may require the unit owner to adhere to an
 1723  existing unified building scheme regarding the external
 1724  appearance of the condominium.
 1725         (d)Unless otherwise provided in a declaration of
 1726  condominium recorded in the public record before July 1, 2024, a
 1727  unit owner is not responsible for the cost of any removal or
 1728  reinstallation of hurricane protection, and any exterior window,
 1729  door, or other aperture protected by the hurricane protection,
 1730  if its removal is necessary for the maintenance, repair, or
 1731  replacement of other condominium property or association
 1732  property for which the association is responsible. The board
 1733  shall determine if the removal or reinstallation of hurricane
 1734  protection must be completed by the unit owner or the
 1735  association. If such removal or reinstallation is completed by
 1736  the association, the costs incurred by the association may not
 1737  be charged to the unit owner. If such removal or reinstallation
 1738  is completed by the unit owner, the association must reimburse
 1739  the unit owner for the cost of the removal or reinstallation or
 1740  the association must apply the unit owner’s cost of removal or
 1741  reinstallation as a credit toward future assessments.
 1742         (e) If the removal or installation of hurricane protection
 1743  or of any exterior windows, doors, or other apertures protected
 1744  by the hurricane protection are the responsibility of the unit
 1745  owner, such removal or installation is completed by the
 1746  association, and the association then charges the unit owner for
 1747  such removal or installation, such charges are enforceable as an
 1748  assessment and may be collected in the manner provided under s.
 1749  718.116.
 1750         Section 12. Paragraph (e) of subsection (1) of section
 1751  718.115, Florida Statutes, is amended to read:
 1752         718.115 Common expenses and common surplus.—
 1753         (1)
 1754         (e)1.Except as provided in s. 718.113(5)(d) The expense of
 1755  installation, replacement, operation, repair, and maintenance of
 1756  hurricane shutters, impact glass, code-compliant windows or
 1757  doors, or other types of code-compliant hurricane protection by
 1758  the board pursuant to s. 718.113(5) constitutes a common expense
 1759  and shall be collected as provided in this section if the
 1760  association is responsible for the maintenance, repair, and
 1761  replacement of the hurricane shutters, impact glass, code
 1762  compliant windows or doors, or other types of code-compliant
 1763  hurricane protection pursuant to the declaration of condominium.
 1764  However, if the installation of maintenance, repair, and
 1765  replacement of the hurricane shutters, impact glass, code
 1766  compliant windows or doors, or other types of code-compliant
 1767  hurricane protection is are the responsibility of the unit
 1768  owners pursuant to the declaration of condominium or a vote of
 1769  the unit owners under s. 718.113(5), the cost of the
 1770  installation of the hurricane shutters, impact glass, code
 1771  compliant windows or doors, or other types of code-compliant
 1772  hurricane protection by the association is not a common expense
 1773  and must shall be charged individually to the unit owners based
 1774  on the cost of installation of the hurricane shutters, impact
 1775  glass, code-compliant windows or doors, or other types of code
 1776  compliant hurricane protection appurtenant to the unit. The
 1777  costs of installation of hurricane protection are enforceable as
 1778  an assessment and may be collected in the manner provided under
 1779  s. 718.116.
 1780         2. Notwithstanding s. 718.116(9), and regardless of whether
 1781  or not the declaration requires the association or unit owners
 1782  to install, maintain, repair, or replace hurricane shutters,
 1783  impact glass, code-compliant windows or doors, or other types of
 1784  code-compliant hurricane protection, the a unit owner of a unit
 1785  where who has previously installed hurricane shutters in
 1786  accordance with s. 718.113(5) that comply with the current
 1787  applicable building code shall receive a credit when the
 1788  shutters are installed; a unit owner who has previously
 1789  installed impact glass or code-compliant windows or doors that
 1790  comply with the current applicable building code shall receive a
 1791  credit when the impact glass or code-compliant windows or doors
 1792  are installed; and a unit owner who has installed other types of
 1793  code-compliant hurricane protection that complies comply with
 1794  the current applicable building code has been installed is
 1795  excused from any assessment levied by the association or shall
 1796  receive a credit if when the same type of other code-compliant
 1797  hurricane protection is installed by the association, and the
 1798  credit shall be equal to the pro rata portion of the assessed
 1799  installation cost assigned to each unit. A credit is applicable
 1800  if the installation of hurricane protection is for all other
 1801  units that do not have hurricane protection and the cost of such
 1802  installation is funded by the association’s budget, including
 1803  the use of reserve funds. The credit must be equal to the amount
 1804  that the unit owner would have been assessed to install the
 1805  hurricane protection. However, such unit owner remains
 1806  responsible for the pro rata share of expenses for hurricane
 1807  shutters, impact glass, code-compliant windows or doors, or
 1808  other types of code-compliant hurricane protection installed on
 1809  common elements and association property by the board pursuant
 1810  to s. 718.113(5) and remains responsible for a pro rata share of
 1811  the expense of the replacement, operation, repair, and
 1812  maintenance of such shutters, impact glass, code-compliant
 1813  windows or doors, or other types of code-compliant hurricane
 1814  protection. Expenses for the installation, replacement,
 1815  operation, repair, or maintenance of hurricane protection on
 1816  common elements and association property are common expenses.
 1817         Section 13. Paragraph (a) of subsection (4) of section
 1818  718.121, Florida Statutes, is amended to read:
 1819         718.121 Liens.—
 1820         (4)(a) If an association sends out an invoice for
 1821  assessments or a unit’s statement of the account described in s.
 1822  718.111(12)(a)11.c. s. 718.111(12)(a)11.b., the invoice for
 1823  assessments or the unit’s statement of account must be delivered
 1824  to the unit owner by first-class United States mail or by
 1825  electronic transmission to the unit owner’s e-mail address
 1826  maintained in the association’s official records.
 1827         Section 14. Section 718.1224, Florida Statutes, is amended
 1828  to read:
 1829         718.1224 Prohibition against SLAPP suits; other prohibited
 1830  actions.—
 1831         (1) It is the intent of the Legislature to protect the
 1832  right of condominium unit owners to exercise their rights to
 1833  instruct their representatives and petition for redress of
 1834  grievances before their condominium association and the various
 1835  governmental entities of this state as protected by the First
 1836  Amendment to the United States Constitution and s. 5, Art. I of
 1837  the State Constitution. The Legislature recognizes that
 1838  strategic lawsuits against public participation, or “SLAPP
 1839  suits,” as they are typically referred to, have occurred when
 1840  association members are sued by condominium associations,
 1841  individuals, business entities, or governmental entities arising
 1842  out of a condominium unit owner’s appearance and presentation
 1843  before the board of the condominium association or a
 1844  governmental entity on matters related to the condominium
 1845  association. However, it is the public policy of this state that
 1846  condominium associations, governmental entities, business
 1847  organizations, and individuals not engage in SLAPP suits,
 1848  because such actions are inconsistent with the right of
 1849  condominium unit owners to participate in their condominium
 1850  association and in the state’s institutions of government.
 1851  Therefore, the Legislature finds and declares that prohibiting
 1852  such lawsuits by condominium associations, governmental
 1853  entities, business entities, and individuals against condominium
 1854  unit owners who address matters concerning their condominium
 1855  association will preserve this fundamental state policy,
 1856  preserve the constitutional rights of condominium unit owners,
 1857  and ensure the continuation of representative government in this
 1858  state, and ensure unit owner participation in condominium
 1859  associations. It is the intent of the Legislature that such
 1860  lawsuits be expeditiously disposed of by the courts. As used in
 1861  this subsection, the term “governmental entity” means the state,
 1862  including the executive, legislative, and judicial branches of
 1863  government; law enforcement agencies; the independent
 1864  establishments of the state, counties, municipalities,
 1865  districts, authorities, boards, or commissions; or any agencies
 1866  of these branches that are subject to chapter 286.
 1867         (2) A condominium association, a governmental entity, a
 1868  business organization, or an individual in this state may not
 1869  file or cause to be filed through its employees or agents any
 1870  lawsuit, cause of action, claim, cross-claim, or counterclaim
 1871  against a condominium unit owner without merit and solely
 1872  because such condominium unit owner has exercised the right to
 1873  instruct his or her representatives or the right to petition for
 1874  redress of grievances before the condominium association or the
 1875  various governmental entities of this state, as protected by the
 1876  First Amendment to the United States Constitution and s. 5, Art.
 1877  I of the State Constitution.
 1878         (3) A condominium association may not fine,
 1879  discriminatorily increase a unit owner’s assessments or
 1880  discriminatorily decrease services to a unit owner, or bring or
 1881  threaten to bring an action for possession or other civil
 1882  action, including a defamation, libel, slander, or tortious
 1883  interference action, based on conduct described in paragraphs
 1884  (a)-(f). In order for the unit owner to raise the defense of
 1885  retaliatory conduct, the unit owner must have acted in good
 1886  faith and not for any improper purposes, such as to harass or to
 1887  cause unnecessary delay or for frivolous purpose or needless
 1888  increase in the cost of litigation. Examples of conduct for
 1889  which a condominium association, officer, director, or agent of
 1890  an association may not retaliate include, but are not limited
 1891  to, situations where:
 1892         (a) The unit owner has in good faith complained to a
 1893  governmental agency charged with responsibility for enforcement
 1894  of a building, housing, or health code of a suspected violation
 1895  applicable to the condominium;
 1896         (b) The unit owner has organized, encouraged, or
 1897  participated in a unit owners’ organization;
 1898         (c) The unit owner submitted information or filed a
 1899  complaint alleging criminal violations or violations of this
 1900  chapter or the rules of the division with the division, the
 1901  Office of the Condominium Ombudsman, a law enforcement agency, a
 1902  state attorney, the Attorney General, or any other governmental
 1903  agency;
 1904         (d) The unit owner has exercised his or her rights under
 1905  this chapter;
 1906         (e) The unit owner has complained to the association or any
 1907  of its representatives for their failure to comply with this
 1908  chapter or chapter 617; or
 1909         (f) The unit owner has made public statements critical of
 1910  the operation or management of the association.
 1911         (4) Evidence of retaliatory conduct may be raised by the
 1912  unit owner as a defense in any action brought against him or her
 1913  for possession.
 1914         (5) A condominium unit owner sued by a condominium
 1915  association, governmental entity, business organization, or
 1916  individual in violation of this section has a right to an
 1917  expeditious resolution of a claim that the suit is in violation
 1918  of this section. A condominium unit owner may petition the court
 1919  for an order dismissing the action or granting final judgment in
 1920  favor of that condominium unit owner. The petitioner may file a
 1921  motion for summary judgment, together with supplemental
 1922  affidavits, seeking a determination that the condominium
 1923  association’s, governmental entity’s, business organization’s,
 1924  or individual’s lawsuit has been brought in violation of this
 1925  section. The condominium association, governmental entity,
 1926  business organization, or individual shall thereafter file its
 1927  response and any supplemental affidavits. As soon as
 1928  practicable, the court shall set a hearing on the petitioner’s
 1929  motion, which shall be held at the earliest possible time after
 1930  the filing of the condominium association’s, governmental
 1931  entity’s, business organization’s, or individual’s response. The
 1932  court may award the condominium unit owner sued by the
 1933  condominium association, governmental entity, business
 1934  organization, or individual actual damages arising from the
 1935  condominium association’s, governmental entity’s, individual’s,
 1936  or business organization’s violation of this section. A court
 1937  may treble the damages awarded to a prevailing condominium unit
 1938  owner and shall state the basis for the treble damages award in
 1939  its judgment. The court shall award the prevailing party
 1940  reasonable attorney’s fees and costs incurred in connection with
 1941  a claim that an action was filed in violation of this section.
 1942         (6)(4) Condominium associations may not expend association
 1943  funds in prosecuting a SLAPP suit against a condominium unit
 1944  owner.
 1945         (7Condominium associations may not expend association
 1946  funds in support of a defamation, libel, slander, or tortious
 1947  interference action against a unit owner or any other claim
 1948  against a unit owner based on conduct described in paragraphs
 1949  (3)(a)-(f).
 1950         Section 15. Section 718.128, Florida Statutes, is amended
 1951  to read:
 1952         718.128 Electronic voting.—The association may conduct
 1953  elections and other unit owner votes through an Internet-based
 1954  online voting system if a unit owner consents, electronically or
 1955  in writing, to online voting and if the following requirements
 1956  are met:
 1957         (1) The association provides each unit owner with:
 1958         (a) A method to authenticate the unit owner’s identity to
 1959  the online voting system.
 1960         (b) For elections of the board, a method to transmit an
 1961  electronic ballot to the online voting system that ensures the
 1962  secrecy and integrity of each ballot.
 1963         (c) A method to confirm, at least 14 days before the voting
 1964  deadline, that the unit owner’s electronic device can
 1965  successfully communicate with the online voting system.
 1966         (2) The association uses an online voting system that is:
 1967         (a) Able to authenticate the unit owner’s identity.
 1968         (b) Able to authenticate the validity of each electronic
 1969  vote to ensure that the vote is not altered in transit.
 1970         (c) Able to transmit a receipt from the online voting
 1971  system to each unit owner who casts an electronic vote.
 1972         (d) For elections of the board of administration, able to
 1973  permanently separate any authentication or identifying
 1974  information from the electronic election ballot, rendering it
 1975  impossible to tie an election ballot to a specific unit owner.
 1976         (e) Able to store and keep electronic votes accessible to
 1977  election officials for recount, inspection, and review purposes.
 1978         (3) A unit owner voting electronically pursuant to this
 1979  section shall be counted as being in attendance at the meeting
 1980  for purposes of determining a quorum. A substantive vote of the
 1981  unit owners may not be taken on any issue other than the issues
 1982  specifically identified in the electronic vote, when a quorum is
 1983  established based on unit owners voting electronically pursuant
 1984  to this section.
 1985         (4) This section applies to an association that provides
 1986  for and authorizes an online voting system pursuant to this
 1987  section by a board resolution. The board resolution must provide
 1988  that unit owners receive notice of the opportunity to vote
 1989  through an online voting system, must establish reasonable
 1990  procedures and deadlines for unit owners to consent,
 1991  electronically or in writing, to online voting, and must
 1992  establish reasonable procedures and deadlines for unit owners to
 1993  opt out of online voting after giving consent. Written notice of
 1994  a meeting at which the resolution will be considered must be
 1995  mailed, delivered, or electronically transmitted to the unit
 1996  owners and posted conspicuously on the condominium property or
 1997  association property at least 14 days before the meeting.
 1998  Evidence of compliance with the 14-day notice requirement must
 1999  be made by an affidavit executed by the person providing the
 2000  notice and filed with the official records of the association.
 2001         (5) A unit owner’s consent to online voting is valid until
 2002  the unit owner opts out of online voting according to the
 2003  procedures established by the board of administration pursuant
 2004  to subsection (4).
 2005         (6) This section may apply to any matter that requires a
 2006  vote of the unit owners who are not members of a timeshare
 2007  condominium association.
 2008         Section 16. Paragraph (p) of subsection (4) of section
 2009  718.301, Florida Statutes, is amended to read:
 2010         718.301 Transfer of association control; claims of defect
 2011  by association.—
 2012         (4) At the time that unit owners other than the developer
 2013  elect a majority of the members of the board of administration
 2014  of an association, the developer shall relinquish control of the
 2015  association, and the unit owners shall accept control.
 2016  Simultaneously, or for the purposes of paragraph (c) not more
 2017  than 90 days thereafter, the developer shall deliver to the
 2018  association, at the developer’s expense, all property of the
 2019  unit owners and of the association which is held or controlled
 2020  by the developer, including, but not limited to, the following
 2021  items, if applicable, as to each condominium operated by the
 2022  association:
 2023         (p) Notwithstanding when the certificate of occupancy was
 2024  issued or the height of the building, a turnover inspection
 2025  report included in the official records, under seal of an
 2026  architect or engineer authorized to practice in this state or a
 2027  person certified as a reserve specialist or professional reserve
 2028  analyst by the Community Associations Institute or the
 2029  Association of Professional Reserve Analysts, and consisting of
 2030  a structural integrity reserve study attesting to required
 2031  maintenance, condition, useful life, and replacement costs of
 2032  the following applicable condominium property:
 2033         1. Roof.
 2034         2. Structure, including load-bearing walls and primary
 2035  structural members and primary structural systems as those terms
 2036  are defined in s. 627.706.
 2037         3. Fireproofing and fire protection systems.
 2038         4. Plumbing.
 2039         5. Electrical systems.
 2040         6. Waterproofing and exterior painting.
 2041         7. Windows and exterior doors.
 2042         Section 17. Subsections (4) and (5) of section 718.3027,
 2043  Florida Statutes, are amended to read:
 2044         718.3027 Conflicts of interest.—
 2045         (4) A director or an officer, or a relative of a director
 2046  or an officer, who is a party to, or has an interest in, an
 2047  activity that is a possible conflict of interest, as described
 2048  in subsection (1), may attend the meeting at which the activity
 2049  is considered by the board and is authorized to make a
 2050  presentation to the board regarding the activity. After the
 2051  presentation, the director or officer, and any or the relative
 2052  of the director or officer, must leave the meeting during the
 2053  discussion of, and the vote on, the activity. A director or an
 2054  officer who is a party to, or has an interest in, the activity
 2055  must recuse himself or herself from the vote. The attendance of
 2056  a director with a possible conflict of interest at the meeting
 2057  of the board is sufficient to constitute a quorum for the
 2058  meeting and the vote in his or her absence on the proposed
 2059  activity.
 2060         (5) A contract entered into between a director or an
 2061  officer, or a relative of a director or an officer, and the
 2062  association, which is not a timeshare condominium association,
 2063  that has not been properly disclosed as a conflict of interest
 2064  or potential conflict of interest as required by this section or
 2065  s. 617.0832 s. 718.111(12)(g) is voidable and terminates upon
 2066  the filing of a written notice terminating the contract with the
 2067  board of directors which contains the consent of at least 20
 2068  percent of the voting interests of the association.
 2069         Section 18. Subsection (5) of section 718.303, Florida
 2070  Statutes, is amended to read:
 2071         718.303 Obligations of owners and occupants; remedies.—
 2072         (5) An association may suspend the voting rights of a unit
 2073  owner or member due to nonpayment of any fee, fine, or other
 2074  monetary obligation due to the association which is more than
 2075  $1,000 and more than 90 days delinquent. Proof of such
 2076  obligation must be provided to the unit owner or member 30 days
 2077  before such suspension takes effect. Notice of such obligation
 2078  must also be provided to the unit owner at least 90 days before
 2079  an election. A voting interest or consent right allocated to a
 2080  unit owner or member which has been suspended by the association
 2081  shall be subtracted from the total number of voting interests in
 2082  the association, which shall be reduced by the number of
 2083  suspended voting interests when calculating the total percentage
 2084  or number of all voting interests available to take or approve
 2085  any action, and the suspended voting interests shall not be
 2086  considered for any purpose, including, but not limited to, the
 2087  percentage or number of voting interests necessary to constitute
 2088  a quorum, the percentage or number of voting interests required
 2089  to conduct an election, or the percentage or number of voting
 2090  interests required to approve an action under this chapter or
 2091  pursuant to the declaration, articles of incorporation, or
 2092  bylaws. The suspension ends upon full payment of all obligations
 2093  currently due or overdue the association. The notice and hearing
 2094  requirements under subsection (3) do not apply to a suspension
 2095  imposed under this subsection.
 2096         Section 19. Subsections (1) and (2) of section 718.501,
 2097  Florida Statutes, are amended to read:
 2098         718.501 Authority, responsibility, and duties of Division
 2099  of Florida Condominiums, Timeshares, and Mobile Homes.—
 2100         (1) The division may enforce and ensure compliance with
 2101  this chapter and rules relating to the development,
 2102  construction, sale, lease, ownership, operation, and management
 2103  of residential condominium units and complaints related to the
 2104  procedural completion of milestone inspections under s. 553.899.
 2105  In performing its duties, the division has complete jurisdiction
 2106  to investigate complaints and enforce compliance with respect to
 2107  associations that are still under developer control or the
 2108  control of a bulk assignee or bulk buyer pursuant to part VII of
 2109  this chapter and complaints against developers, bulk assignees,
 2110  or bulk buyers involving improper turnover or failure to
 2111  turnover, pursuant to s. 718.301. However, after turnover has
 2112  occurred, the division has jurisdiction to investigate
 2113  complaints related only to financial issues, elections, and the
 2114  maintenance of and unit owner access to association records
 2115  under s. 718.111(12), allegations of criminal violations under
 2116  this chapter, the removal of a director or an officer under s.
 2117  718.112(2)(q), and the procedural completion of structural
 2118  integrity reserve studies under s. 718.112(2)(g).
 2119         (a)1. The division may make necessary public or private
 2120  investigations within or outside this state to determine whether
 2121  any person has violated this chapter or any rule or order
 2122  hereunder, to aid in the enforcement of this chapter, or to aid
 2123  in the adoption of rules or forms.
 2124         2. The division may submit any official written report,
 2125  worksheet, or other related paper, or a duly certified copy
 2126  thereof, compiled, prepared, drafted, or otherwise made by and
 2127  duly authenticated by a financial examiner or analyst to be
 2128  admitted as competent evidence in any hearing in which the
 2129  financial examiner or analyst is available for cross-examination
 2130  and attests under oath that such documents were prepared as a
 2131  result of an examination or inspection conducted pursuant to
 2132  this chapter.
 2133         (b) The division may require or permit any person to file a
 2134  statement in writing, under oath or otherwise, as the division
 2135  determines, as to the facts and circumstances concerning a
 2136  matter to be investigated.
 2137         (c) For the purpose of any investigation under this
 2138  chapter, the division director or any officer or employee
 2139  designated by the division director may administer oaths or
 2140  affirmations, subpoena witnesses and compel their attendance,
 2141  take evidence, and require the production of any matter which is
 2142  relevant to the investigation, including the existence,
 2143  description, nature, custody, condition, and location of any
 2144  books, documents, or other tangible things and the identity and
 2145  location of persons having knowledge of relevant facts or any
 2146  other matter reasonably calculated to lead to the discovery of
 2147  material evidence. Upon the failure by a person to obey a
 2148  subpoena or to answer questions propounded by the investigating
 2149  officer and upon reasonable notice to all affected persons, the
 2150  division may apply to the circuit court for an order compelling
 2151  compliance.
 2152         (d) Notwithstanding any remedies available to unit owners
 2153  and associations, if the division has reasonable cause to
 2154  believe that a violation of any provision of this chapter or
 2155  related rule has occurred, the division may institute
 2156  enforcement proceedings in its own name against any developer,
 2157  bulk assignee, bulk buyer, association, officer, or member of
 2158  the board of administration, or its assignees or agents, as
 2159  follows:
 2160         1. The division may permit a person whose conduct or
 2161  actions may be under investigation to waive formal proceedings
 2162  and enter into a consent proceeding whereby orders, rules, or
 2163  letters of censure or warning, whether formal or informal, may
 2164  be entered against the person.
 2165         2. The division may issue an order requiring the developer,
 2166  bulk assignee, bulk buyer, association, developer-designated
 2167  officer, or developer-designated member of the board of
 2168  administration, developer-designated assignees or agents, bulk
 2169  assignee-designated assignees or agents, bulk buyer-designated
 2170  assignees or agents, community association manager, or community
 2171  association management firm to cease and desist from the
 2172  unlawful practice and take such affirmative action as in the
 2173  judgment of the division carry out the purposes of this chapter.
 2174  If the division finds that a developer, bulk assignee, bulk
 2175  buyer, association, officer, or member of the board of
 2176  administration, or its assignees or agents, is violating or is
 2177  about to violate any provision of this chapter, any rule adopted
 2178  or order issued by the division, or any written agreement
 2179  entered into with the division, and presents an immediate danger
 2180  to the public requiring an immediate final order, it may issue
 2181  an emergency cease and desist order reciting with particularity
 2182  the facts underlying such findings. The emergency cease and
 2183  desist order is effective for 90 days. If the division begins
 2184  nonemergency cease and desist proceedings, the emergency cease
 2185  and desist order remains effective until the conclusion of the
 2186  proceedings under ss. 120.569 and 120.57.
 2187         3. If a developer, bulk assignee, or bulk buyer fails to
 2188  pay any restitution determined by the division to be owed, plus
 2189  any accrued interest at the highest rate permitted by law,
 2190  within 30 days after expiration of any appellate time period of
 2191  a final order requiring payment of restitution or the conclusion
 2192  of any appeal thereof, whichever is later, the division must
 2193  bring an action in circuit or county court on behalf of any
 2194  association, class of unit owners, lessees, or purchasers for
 2195  restitution, declaratory relief, injunctive relief, or any other
 2196  available remedy. The division may also temporarily revoke its
 2197  acceptance of the filing for the developer to which the
 2198  restitution relates until payment of restitution is made.
 2199         4. The division may petition the court for appointment of a
 2200  receiver or conservator. If appointed, the receiver or
 2201  conservator may take action to implement the court order to
 2202  ensure the performance of the order and to remedy any breach
 2203  thereof. In addition to all other means provided by law for the
 2204  enforcement of an injunction or temporary restraining order, the
 2205  circuit court may impound or sequester the property of a party
 2206  defendant, including books, papers, documents, and related
 2207  records, and allow the examination and use of the property by
 2208  the division and a court-appointed receiver or conservator.
 2209         5. The division may apply to the circuit court for an order
 2210  of restitution whereby the defendant in an action brought under
 2211  subparagraph 4. is ordered to make restitution of those sums
 2212  shown by the division to have been obtained by the defendant in
 2213  violation of this chapter. At the option of the court, such
 2214  restitution is payable to the conservator or receiver appointed
 2215  under subparagraph 4. or directly to the persons whose funds or
 2216  assets were obtained in violation of this chapter.
 2217         6. The division may impose a civil penalty against a
 2218  developer, bulk assignee, or bulk buyer, or association, or its
 2219  assignee or agent, for any violation of this chapter, or related
 2220  rule, or chapter 617. The division may impose a civil penalty
 2221  individually against an officer or board member who willfully
 2222  and knowingly violates this chapter, an adopted rule, or a final
 2223  order of the division; may order the removal of such individual
 2224  as an officer or from the board of administration or as an
 2225  officer of the association; and may prohibit such individual
 2226  from serving as an officer or on the board of a community
 2227  association for a period of time. The term “willfully and
 2228  knowingly” means that the division informed the officer or board
 2229  member that his or her action or intended action violates this
 2230  chapter, a rule adopted under this chapter, or a final order of
 2231  the division and that the officer or board member refused to
 2232  comply with the requirements of this chapter, a rule adopted
 2233  under this chapter, or a final order of the division. The
 2234  division, before initiating formal agency action under chapter
 2235  120, must afford the officer or board member an opportunity to
 2236  voluntarily comply, and an officer or board member who complies
 2237  within 10 days is not subject to a civil penalty. A penalty may
 2238  be imposed on the basis of each day of continuing violation, but
 2239  the penalty for any offense may not exceed $5,000. The division
 2240  shall adopt, by rule, penalty guidelines applicable to possible
 2241  violations or to categories of violations of this chapter or
 2242  rules adopted by the division. The guidelines must specify a
 2243  meaningful range of civil penalties for each such violation of
 2244  the statute and rules and must be based upon the harm caused by
 2245  the violation, upon the repetition of the violation, and upon
 2246  such other factors deemed relevant by the division. For example,
 2247  the division may consider whether the violations were committed
 2248  by a developer, bulk assignee, or bulk buyer, or owner
 2249  controlled association, the size of the association, and other
 2250  factors. The guidelines must designate the possible mitigating
 2251  or aggravating circumstances that justify a departure from the
 2252  range of penalties provided by the rules. It is the legislative
 2253  intent that minor violations be distinguished from those which
 2254  endanger the health, safety, or welfare of the condominium
 2255  residents or other persons and that such guidelines provide
 2256  reasonable and meaningful notice to the public of likely
 2257  penalties that may be imposed for proscribed conduct. This
 2258  subsection does not limit the ability of the division to
 2259  informally dispose of administrative actions or complaints by
 2260  stipulation, agreed settlement, or consent order. All amounts
 2261  collected shall be deposited with the Chief Financial Officer to
 2262  the credit of the Division of Florida Condominiums, Timeshares,
 2263  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 2264  bulk buyer fails to pay the civil penalty and the amount deemed
 2265  to be owed to the association, the division shall issue an order
 2266  directing that such developer, bulk assignee, or bulk buyer
 2267  cease and desist from further operation until such time as the
 2268  civil penalty is paid or may pursue enforcement of the penalty
 2269  in a court of competent jurisdiction. If an association fails to
 2270  pay the civil penalty, the division shall pursue enforcement in
 2271  a court of competent jurisdiction, and the order imposing the
 2272  civil penalty or the cease and desist order is not effective
 2273  until 20 days after the date of such order. Any action commenced
 2274  by the division shall be brought in the county in which the
 2275  division has its executive offices or in the county where the
 2276  violation occurred.
 2277         7. If a unit owner presents the division with proof that
 2278  the unit owner has requested access to official records in
 2279  writing by certified mail, and that after 10 days the unit owner
 2280  again made the same request for access to official records in
 2281  writing by certified mail, and that more than 10 days has
 2282  elapsed since the second request and the association has still
 2283  failed or refused to provide access to official records as
 2284  required by this chapter, the division shall issue a subpoena
 2285  requiring production of the requested records where the records
 2286  are kept pursuant to s. 718.112. Upon receipt of the records,
 2287  the division shall provide without charge the produced official
 2288  records to the unit owner who was denied access to such records.
 2289         8. In addition to subparagraph 6., the division may seek
 2290  the imposition of a civil penalty through the circuit court for
 2291  any violation for which the division may issue a notice to show
 2292  cause under paragraph (s) (r). The civil penalty shall be at
 2293  least $500 but no more than $5,000 for each violation. The court
 2294  may also award to the prevailing party court costs and
 2295  reasonable attorney fees and, if the division prevails, may also
 2296  award reasonable costs of investigation.
 2297         (e) The division may prepare and disseminate a prospectus
 2298  and other information to assist prospective owners, purchasers,
 2299  lessees, and developers of residential condominiums in assessing
 2300  the rights, privileges, and duties pertaining thereto.
 2301         (f) The division may adopt rules to administer and enforce
 2302  this chapter.
 2303         (g) The division shall establish procedures for providing
 2304  notice to an association and the developer, bulk assignee, or
 2305  bulk buyer during the period in which the developer, bulk
 2306  assignee, or bulk buyer controls the association if the division
 2307  is considering the issuance of a declaratory statement with
 2308  respect to the declaration of condominium or any related
 2309  document governing such condominium community.
 2310         (h) The division shall furnish each association that pays
 2311  the fees required by paragraph (2)(a) a copy of this chapter, as
 2312  amended, and the rules adopted thereto on an annual basis.
 2313         (i) The division shall annually provide each association
 2314  with a summary of declaratory statements and formal legal
 2315  opinions relating to the operations of condominiums which were
 2316  rendered by the division during the previous year.
 2317         (j) The division shall provide training and educational
 2318  programs for condominium association board members and unit
 2319  owners. The training may, in the division’s discretion, include
 2320  web-based electronic media and live training and seminars in
 2321  various locations throughout the state. The division may review
 2322  and approve education and training programs for board members
 2323  and unit owners offered by providers and shall maintain a
 2324  current list of approved programs and providers and make such
 2325  list available to board members and unit owners in a reasonable
 2326  and cost-effective manner. The division shall adopt by rule the
 2327  educational curriculum required under s. 718.112(2)(d) for its
 2328  approval of condominium education providers.
 2329         (k) The division shall maintain a toll-free telephone
 2330  number accessible to condominium unit owners.
 2331         (l) The division shall develop a program to certify both
 2332  volunteer and paid mediators to provide mediation of condominium
 2333  disputes. The division shall provide, upon request, a list of
 2334  such mediators to any association, unit owner, or other
 2335  participant in alternative dispute resolution proceedings under
 2336  s. 718.1255 requesting a copy of the list. The division shall
 2337  include on the list of volunteer mediators only the names of
 2338  persons who have received at least 20 hours of training in
 2339  mediation techniques or who have mediated at least 20 disputes.
 2340  In order to become initially certified by the division, paid
 2341  mediators must be certified by the Supreme Court to mediate
 2342  court cases in county or circuit courts. However, the division
 2343  may adopt, by rule, additional factors for the certification of
 2344  paid mediators, which must be related to experience, education,
 2345  or background. Any person initially certified as a paid mediator
 2346  by the division must, in order to continue to be certified,
 2347  comply with the factors or requirements adopted by rule.
 2348         (m) If a complaint is made, the division must conduct its
 2349  inquiry with due regard for the interests of the affected
 2350  parties. Within 30 days after receipt of a complaint, the
 2351  division shall acknowledge the complaint in writing and notify
 2352  the complainant whether the complaint is within the jurisdiction
 2353  of the division and whether additional information is needed by
 2354  the division from the complainant. The division shall conduct
 2355  its investigation and, within 90 days after receipt of the
 2356  original complaint or of timely requested additional
 2357  information, take action upon the complaint. However, the
 2358  failure to complete the investigation within 90 days does not
 2359  prevent the division from continuing the investigation,
 2360  accepting or considering evidence obtained or received after 90
 2361  days, or taking administrative action if reasonable cause exists
 2362  to believe that a violation of this chapter or a rule has
 2363  occurred. If an investigation is not completed within the time
 2364  limits established in this paragraph, the division shall, on a
 2365  monthly basis, notify the complainant in writing of the status
 2366  of the investigation. When reporting its action to the
 2367  complainant, the division shall inform the complainant of any
 2368  right to a hearing under ss. 120.569 and 120.57. The division
 2369  may adopt rules regarding the submission of a complaint against
 2370  an association.
 2371         (n) Condominium association directors, officers, and
 2372  employees; condominium developers; bulk assignees, bulk buyers,
 2373  and community association managers; and community association
 2374  management firms have an ongoing duty to reasonably cooperate
 2375  with the division in any investigation under this section. The
 2376  division shall refer to local law enforcement authorities any
 2377  person whom the division believes has altered, destroyed,
 2378  concealed, or removed any record, document, or thing required to
 2379  be kept or maintained by this chapter with the purpose to impair
 2380  its verity or availability in the department’s investigation.
 2381  The division shall refer to local law enforcement authorities
 2382  any person whom the division believes has engaged in fraud,
 2383  theft, embezzlement, or other criminal activity or when the
 2384  division has cause to believe that fraud, theft, embezzlement,
 2385  or other criminal activity has occurred.
 2386         (o) The division director or any officer or employee of the
 2387  division, and the condominium ombudsman or employee of the
 2388  Office of the Condominium Ombudsman may attend and observe any
 2389  meeting of the board of administration or unit owner meeting,
 2390  including any meeting of a subcommittee or special committee,
 2391  that is open to members of the association for the purpose of
 2392  performing the duties of the division or the Office of the
 2393  Condominium Ombudsman under this chapter.
 2394         (p) The division may:
 2395         1. Contract with agencies in this state or other
 2396  jurisdictions to perform investigative functions; or
 2397         2. Accept grants-in-aid from any source.
 2398         (q)(p) The division shall cooperate with similar agencies
 2399  in other jurisdictions to establish uniform filing procedures
 2400  and forms, public offering statements, advertising standards,
 2401  and rules and common administrative practices.
 2402         (r)(q) The division shall consider notice to a developer,
 2403  bulk assignee, or bulk buyer to be complete when it is delivered
 2404  to the address of the developer, bulk assignee, or bulk buyer
 2405  currently on file with the division.
 2406         (s)(r) In addition to its enforcement authority, the
 2407  division may issue a notice to show cause, which must provide
 2408  for a hearing, upon written request, in accordance with chapter
 2409  120.
 2410         (t)(s) The division shall submit to the Governor, the
 2411  President of the Senate, the Speaker of the House of
 2412  Representatives, and the chairs of the legislative
 2413  appropriations committees an annual report that includes, but
 2414  need not be limited to, the number of training programs provided
 2415  for condominium association board members and unit owners, the
 2416  number of complaints received by type, the number and percent of
 2417  complaints acknowledged in writing within 30 days and the number
 2418  and percent of investigations acted upon within 90 days in
 2419  accordance with paragraph (m), and the number of investigations
 2420  exceeding the 90-day requirement. The annual report must also
 2421  include an evaluation of the division’s core business processes
 2422  and make recommendations for improvements, including statutory
 2423  changes. The report shall be submitted by September 30 following
 2424  the end of the fiscal year.
 2425         (2)(a) Each condominium association which operates more
 2426  than two units shall pay to the division an annual fee in the
 2427  amount of $4 for each residential unit in condominiums operated
 2428  by the association. The annual fee must be filed together with
 2429  the annual certification described in paragraph (c). If the fee
 2430  is not paid by March 1, the association shall be assessed a
 2431  penalty of 10 percent of the amount due, and the association
 2432  will not have standing to maintain or defend any action in the
 2433  courts of this state until the amount due, plus any penalty, is
 2434  paid.
 2435         (b) All fees shall be deposited in the Division of Florida
 2436  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 2437  provided by law.
 2438         (c) On the certification form provided by rule of the
 2439  division, the directors of the association shall certify that
 2440  all directors of the association have or have not completed the
 2441  written certification and educational certificate requirements
 2442  in s. 718.112(2)(d)4.b. If the association certifies that a
 2443  director has not completed the written certification and
 2444  educational certificate requirements, the association must
 2445  explain on the certification form the reasons the written
 2446  certification and educational certificate requirements have not
 2447  been met and provide the date by which the requirements will be
 2448  met, which may not be more than 60 days after the date the
 2449  certification form required under this paragraph is submitted to
 2450  the division. Upon completion of the requirements in s.
 2451  718.112(2)(d)4.b., the association must notify the division, on
 2452  a form adopted by rule of the division, that the requirements
 2453  have been met.
 2454         Section 20. Subsection (2) of section 718.5011, Florida
 2455  Statutes, is amended to read:
 2456         718.5011 Ombudsman; appointment; administration.—
 2457         (2) The secretary of the Department of Business and
 2458  Professional Regulation Governor shall appoint the ombudsman.
 2459  The ombudsman must be an attorney admitted to practice before
 2460  the Florida Supreme Court and shall serve at the pleasure of the
 2461  secretary Governor. A vacancy in the office shall be filled in
 2462  the same manner as the original appointment. An officer or full
 2463  time employee of the ombudsman’s office may not actively engage
 2464  in any other business or profession that directly or indirectly
 2465  relates to or conflicts with his or her work in the ombudsman’s
 2466  office; serve as the representative of any political party,
 2467  executive committee, or other governing body of a political
 2468  party; serve as an executive, officer, or employee of a
 2469  political party; receive remuneration for activities on behalf
 2470  of any candidate for public office; or engage in soliciting
 2471  votes or other activities on behalf of a candidate for public
 2472  office. The ombudsman or any employee of his or her office may
 2473  not become a candidate for election to public office unless he
 2474  or she first resigns from his or her office or employment.
 2475         Section 21. Subsection (1) of section 718.618, Florida
 2476  Statutes, is amended to read:
 2477         718.618 Converter reserve accounts; warranties.—
 2478         (1) When existing improvements are converted to ownership
 2479  as a residential condominium, the developer shall establish
 2480  converter reserve accounts for capital expenditures and planned
 2481  deferred maintenance, or give warranties as provided by
 2482  subsection (6), or post a surety bond as provided by subsection
 2483  (7). The developer shall fund the converter reserve accounts in
 2484  amounts calculated as follows:
 2485         (a)1. When the existing improvements include an air
 2486  conditioning system serving more than one unit or property which
 2487  the association is responsible to repair, maintain, or replace,
 2488  the developer shall fund an air-conditioning reserve account.
 2489  The amount of the reserve account shall be the product of the
 2490  estimated current replacement cost of the system, as disclosed
 2491  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2492  fraction, the numerator of which shall be the lesser of the age
 2493  of the system in years or 9, and the denominator of which shall
 2494  be 10. When such air-conditioning system is within 1,000 yards
 2495  of the seacoast, the numerator shall be the lesser of the age of
 2496  the system in years or 3, and the denominator shall be 4.
 2497         2. The developer shall fund a plumbing reserve account. The
 2498  amount of the funding shall be the product of the estimated
 2499  current replacement cost of the plumbing component, as disclosed
 2500  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2501  fraction, the numerator of which shall be the lesser of the age
 2502  of the plumbing in years or 36, and the denominator of which
 2503  shall be 40.
 2504         3. The developer shall fund a roof reserve account. The
 2505  amount of the funding shall be the product of the estimated
 2506  current replacement cost of the roofing component, as disclosed
 2507  and substantiated pursuant to s. 718.616(3)(b), multiplied by a
 2508  fraction, the numerator of which shall be the lesser of the age
 2509  of the roof in years or the numerator listed in the following
 2510  table. The denominator of the fraction shall be determined based
 2511  on the roof type, as follows:
 2512  
 2513        Roof Type               Numerator          Denominator      
 2514  a.    Built-up roof without insulation        4                   5           
 2515  b.    Built-up roof with insulation        4                   5           
 2516  c.    Cement tile roof            45                  50          
 2517  d.    Asphalt shingle roof        14                  15          
 2518  e.    Copper roof                                                 
 2519  f.    Wood shingle roof           9                   10          
 2520  g.    All other types             18                  20          
 2521  
 2522         (b) The age of any component or structure for which the
 2523  developer is required to fund a reserve account shall be
 2524  measured in years, rounded to the nearest whole year. The amount
 2525  of converter reserves to be funded by the developer for each
 2526  structure or component shall be based on the age of the
 2527  structure or component as disclosed in the inspection report.
 2528  The architect or engineer shall determine the age of the
 2529  component from the later of:
 2530         1. The date when the component or structure was replaced or
 2531  substantially renewed, if the replacement or renewal of the
 2532  component at least met the requirements of the then-applicable
 2533  building code; or
 2534         2. The date when the installation or construction of the
 2535  existing component or structure was completed.
 2536         (c) When the age of a component or structure is to be
 2537  measured from the date of replacement or renewal, the developer
 2538  shall provide the division with a certificate, under the seal of
 2539  an architect or engineer authorized to practice in this state,
 2540  verifying:
 2541         1. The date of the replacement or renewal; and
 2542         2. That the replacement or renewal at least met the
 2543  requirements of the then-applicable building code.
 2544         (d) In addition to establishing the reserve accounts
 2545  specified above, the developer shall establish those other
 2546  reserve accounts required by s. 718.112(2)(f), and shall fund
 2547  those accounts in accordance with the formula provided therein.
 2548  The vote to waive or reduce the funding or reserves required by
 2549  s. 718.112(2)(f) does not affect or negate the obligations
 2550  arising under this section.
 2551         Section 22. Paragraphs (j) and (k) of subsection (1) of
 2552  section 719.106, Florida Statutes, are amended to read:
 2553         719.106 Bylaws; cooperative ownership.—
 2554         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2555  documents shall provide for the following, and if they do not,
 2556  they shall be deemed to include the following:
 2557         (j) Annual budget.—
 2558         1. The proposed annual budget of common expenses must be
 2559  detailed and must show the amounts budgeted by accounts and
 2560  expense classifications, including, if applicable, but not
 2561  limited to, those expenses listed in s. 719.504(20). The board
 2562  of administration shall adopt the annual budget at least 14 days
 2563  before the start of the association’s fiscal year. In the event
 2564  that the board fails to timely adopt the annual budget a second
 2565  time, it is deemed a minor violation and the prior year’s budget
 2566  shall continue in effect until a new budget is adopted.
 2567         2. In addition to annual operating expenses, the budget
 2568  must include reserve accounts for capital expenditures and
 2569  planned deferred maintenance. These accounts must include, but
 2570  not be limited to, roof replacement, building painting, and
 2571  pavement resurfacing, regardless of the amount of planned
 2572  deferred maintenance expense or replacement cost, and for any
 2573  other items for which the planned deferred maintenance expense
 2574  or replacement cost exceeds $10,000. The amount to be reserved
 2575  must be computed by means of a formula which is based upon
 2576  estimated remaining useful life and estimated replacement cost
 2577  or planned deferred maintenance expense of the reserve item. In
 2578  a budget adopted by an association that is required to obtain a
 2579  structural integrity reserve study, reserves must be maintained
 2580  for the items identified in paragraph (k) for which the
 2581  association is responsible pursuant to the declaration, and the
 2582  reserve amount for such items must be based on the findings and
 2583  recommendations of the association’s most recent structural
 2584  integrity reserve study. With respect to items for which an
 2585  estimate of useful life is not readily ascertainable or with an
 2586  estimated remaining useful life of greater than 25 years, an
 2587  association is not required to reserve replacement costs for
 2588  such items, but an association must reserve the amount of
 2589  planned deferred maintenance expense, if any, which is
 2590  recommended by the structural integrity reserve study for such
 2591  items. The association may adjust replacement reserve
 2592  assessments annually to take into account an inflation
 2593  adjustment and any changes in estimates or extension of the
 2594  useful life of a reserve item caused by planned deferred
 2595  maintenance. The members of a unit-owner-controlled association
 2596  may determine, by a majority vote of the total voting interests
 2597  of the association, for a fiscal year to provide no reserves or
 2598  reserves less adequate than required by this subsection. Before
 2599  turnover of control of an association by a developer to unit
 2600  owners other than a developer under s. 719.301, the developer
 2601  controlled association may not vote to waive the reserves or
 2602  reduce funding of the reserves. For a budget adopted on or after
 2603  December 31, 2024, a unit-owner-controlled association that must
 2604  obtain a structural integrity reserve study may not determine to
 2605  provide no reserves or reserves less adequate than required by
 2606  this paragraph for items listed in paragraph (k). If a meeting
 2607  of the unit owners has been called to determine to provide no
 2608  reserves, or reserves less adequate than required, and such
 2609  result is not attained or a quorum is not attained, the reserves
 2610  as included in the budget shall go into effect.
 2611         3. Reserve funds and any interest accruing thereon shall
 2612  remain in the reserve account or accounts, and shall be used
 2613  only for authorized reserve expenditures unless their use for
 2614  other purposes is approved in advance by a vote of the majority
 2615  of the total voting interests of the association. Before
 2616  turnover of control of an association by a developer to unit
 2617  owners other than the developer under s. 719.301, the developer
 2618  may not vote to use reserves for purposes other than that for
 2619  which they were intended. For a budget adopted on or after
 2620  December 31, 2024, members of a unit-owner-controlled
 2621  association that must obtain a structural integrity reserve
 2622  study may not vote to use reserve funds, or any interest
 2623  accruing thereon, for purposes other than the replacement or
 2624  planned deferred maintenance costs of the components listed in
 2625  paragraph (k).
 2626         (k) Structural integrity reserve study.—
 2627         1. A residential cooperative association must have a
 2628  structural integrity reserve study completed at least every 10
 2629  years for each building on the cooperative property that is
 2630  three stories or higher in height, as determined by the Florida
 2631  Building Code, that includes, at a minimum, a study of the
 2632  following items as related to the structural integrity and
 2633  safety of the building:
 2634         a. Roof.
 2635         b. Structure, including load-bearing walls and other
 2636  primary structural members and primary structural systems as
 2637  those terms are defined in s. 627.706.
 2638         c. Fireproofing and fire protection systems.
 2639         d. Plumbing.
 2640         e. Electrical systems.
 2641         f. Waterproofing and exterior painting.
 2642         g. Windows and exterior doors.
 2643         h. Any other item that has a planned deferred maintenance
 2644  expense or replacement cost that exceeds $10,000 and the failure
 2645  to replace or maintain such item negatively affects the items
 2646  listed in sub-subparagraphs a.-g., as determined by the visual
 2647  inspection portion of the structural integrity reserve study.
 2648         2. A structural integrity reserve study is based on a
 2649  visual inspection of the cooperative property. A structural
 2650  integrity reserve study may be performed by any person qualified
 2651  to perform such study. However, the visual inspection portion of
 2652  the structural integrity reserve study must be performed or
 2653  verified by an engineer licensed under chapter 471, an architect
 2654  licensed under chapter 481, or a person certified as a reserve
 2655  specialist or professional reserve analyst by the Community
 2656  Associations Institute or the Association of Professional
 2657  Reserve Analysts.
 2658         3. At a minimum, a structural integrity reserve study must
 2659  identify each item of the cooperative property being visually
 2660  inspected, state the estimated remaining useful life and the
 2661  estimated replacement cost or planned deferred maintenance
 2662  expense of each item of the cooperative property being visually
 2663  inspected, and provide a reserve funding schedule with a
 2664  recommended annual reserve amount that achieves the estimated
 2665  replacement cost or planned deferred maintenance expense of each
 2666  item of cooperative property being visually inspected by the end
 2667  of the estimated remaining useful life of the item. The
 2668  structural integrity reserve study may recommend that reserves
 2669  do not need to be maintained for any item for which an estimate
 2670  of useful life and an estimate of replacement cost cannot be
 2671  determined, or the study may recommend a planned deferred
 2672  maintenance expense amount for such item. The structural
 2673  integrity reserve study may recommend that reserves for
 2674  replacement costs do not need to be maintained for any item with
 2675  an estimated remaining useful life of greater than 25 years, but
 2676  the study may recommend a planned deferred maintenance expense
 2677  amount for such item.
 2678         4. This paragraph does not apply to buildings less than
 2679  three stories in height; single-family, two-family, or three
 2680  family, or four-family dwellings with three or fewer habitable
 2681  stories above ground; any portion or component of a building
 2682  that has not been submitted to the cooperative form of
 2683  ownership; or any portion or component of a building that is
 2684  maintained by a party other than the association.
 2685         5. Before a developer turns over control of an association
 2686  to unit owners other than the developer, the developer must have
 2687  a turnover inspection report in compliance with s. 719.301(4)(p)
 2688  and (q) for each building on the cooperative property that is
 2689  three stories or higher in height.
 2690         6. Associations existing on or before July 1, 2022, which
 2691  are controlled by unit owners other than the developer, must
 2692  have a structural integrity reserve study completed by December
 2693  31, 2024, for each building on the cooperative property that is
 2694  three stories or higher in height. An association that is
 2695  required to complete a milestone inspection on or before
 2696  December 31, 2026, in accordance with s. 553.899 may complete
 2697  the structural integrity reserve study simultaneously with the
 2698  milestone inspection. In no event may the structural integrity
 2699  reserve study be completed after December 31, 2026.
 2700         7. If the milestone inspection required by s. 553.899, or
 2701  an inspection completed for a similar local requirement, was
 2702  performed within the past 5 years and meets the requirements of
 2703  this paragraph, such inspection may be used in place of the
 2704  visual inspection portion of the structural integrity reserve
 2705  study.
 2706         8. If the officers or directors of an association willfully
 2707  and knowingly fail to complete a structural integrity reserve
 2708  study pursuant to this paragraph, such failure is a breach of an
 2709  officer’s and director’s fiduciary relationship to the unit
 2710  owners under s. 719.104(9).
 2711         9. Within 45 days after receiving the structural integrity
 2712  reserve study, the association shall distribute a copy of the
 2713  study to each unit owner or deliver to each unit owner a notice
 2714  that the completed study is available for inspection and copying
 2715  upon a written request. Distribution of a copy of the study or
 2716  notice must be made by United States mail or personal delivery
 2717  at the mailing address, property address, or any other address
 2718  of the owner provided to fulfill the association’s notice
 2719  requirements under this chapter, or by electronic transmission
 2720  to the e-mail address or facsimile number provided to fulfill
 2721  the association’s notice requirements to unit owners who
 2722  previously consented to receive notice by electronic
 2723  transmission.
 2724         Section 23. Section 719.129, Florida Statutes, is amended
 2725  to read:
 2726         719.129 Electronic voting.—The association may conduct
 2727  elections and other unit owner votes through an Internet-based
 2728  online voting system if a unit owner consents, electronically or
 2729  in writing, to online voting and if the following requirements
 2730  are met:
 2731         (1) The association provides each unit owner with:
 2732         (a) A method to authenticate the unit owner’s identity to
 2733  the online voting system.
 2734         (b) For elections of the board, a method to transmit an
 2735  electronic ballot to the online voting system that ensures the
 2736  secrecy and integrity of each ballot.
 2737         (c) A method to confirm, at least 14 days before the voting
 2738  deadline, that the unit owner’s electronic device can
 2739  successfully communicate with the online voting system.
 2740         (2) The association uses an online voting system that is:
 2741         (a) Able to authenticate the unit owner’s identity.
 2742         (b) Able to authenticate the validity of each electronic
 2743  vote to ensure that the vote is not altered in transit.
 2744         (c) Able to transmit a receipt from the online voting
 2745  system to each unit owner who casts an electronic vote.
 2746         (d) For elections of the board of administration, able to
 2747  permanently separate any authentication or identifying
 2748  information from the electronic election ballot, rendering it
 2749  impossible to tie an election ballot to a specific unit owner.
 2750         (e) Able to store and keep electronic votes accessible to
 2751  election officials for recount, inspection, and review purposes.
 2752         (3) A unit owner voting electronically pursuant to this
 2753  section shall be counted as being in attendance at the meeting
 2754  for purposes of determining a quorum. A substantive vote of the
 2755  unit owners may not be taken on any issue other than the issues
 2756  specifically identified in the electronic vote, when a quorum is
 2757  established based on unit owners voting electronically pursuant
 2758  to this section.
 2759         (4) This section applies to an association that provides
 2760  for and authorizes an online voting system pursuant to this
 2761  section by a board resolution. The board resolution must provide
 2762  that unit owners receive notice of the opportunity to vote
 2763  through an online voting system, must establish reasonable
 2764  procedures and deadlines for unit owners to consent,
 2765  electronically or in writing, to online voting, and must
 2766  establish reasonable procedures and deadlines for unit owners to
 2767  opt out of online voting after giving consent. Written notice of
 2768  a meeting at which the resolution will be considered must be
 2769  mailed, delivered, or electronically transmitted to the unit
 2770  owners and posted conspicuously on the condominium property or
 2771  association property at least 14 days before the meeting.
 2772  Evidence of compliance with the 14-day notice requirement must
 2773  be made by an affidavit executed by the person providing the
 2774  notice and filed with the official records of the association.
 2775         (5) A unit owner’s consent to online voting is valid until
 2776  the unit owner opts out of online voting pursuant to the
 2777  procedures established by the board of administration pursuant
 2778  to subsection (4).
 2779         (6) This section may apply to any matter that requires a
 2780  vote of the unit owners who are not members of a timeshare
 2781  cooperative association.
 2782         Section 24. Paragraph (p) of subsection (4) of section
 2783  719.301, Florida Statutes, is amended to read:
 2784         719.301 Transfer of association control.—
 2785         (4) When unit owners other than the developer elect a
 2786  majority of the members of the board of administration of an
 2787  association, the developer shall relinquish control of the
 2788  association, and the unit owners shall accept control.
 2789  Simultaneously, or for the purpose of paragraph (c) not more
 2790  than 90 days thereafter, the developer shall deliver to the
 2791  association, at the developer’s expense, all property of the
 2792  unit owners and of the association held or controlled by the
 2793  developer, including, but not limited to, the following items,
 2794  if applicable, as to each cooperative operated by the
 2795  association:
 2796         (p) Notwithstanding when the certificate of occupancy was
 2797  issued or the height of the building, a turnover inspection
 2798  report included in the official records, under seal of an
 2799  architect or engineer authorized to practice in this state or a
 2800  person certified as a reserve specialist or professional reserve
 2801  analyst by the Community Associations Institute or the
 2802  Association of Professional Reserve Analysts, consisting of a
 2803  structural integrity reserve study attesting to required
 2804  maintenance, condition, useful life, and replacement costs of
 2805  the following applicable cooperative property:
 2806         1. Roof.
 2807         2. Structure, including load-bearing walls and primary
 2808  structural members and primary structural systems as those terms
 2809  are defined in s. 627.706.
 2810         3. Fireproofing and fire protection systems.
 2811         4. Plumbing.
 2812         5. Electrical systems.
 2813         6. Waterproofing and exterior painting.
 2814         7. Windows and exterior doors.
 2815         Section 25. Subsection (1) of section 719.618, Florida
 2816  Statutes, is amended to read:
 2817         719.618 Converter reserve accounts; warranties.—
 2818         (1) When existing improvements are converted to ownership
 2819  as a residential cooperative, the developer shall establish
 2820  planned reserve accounts for capital expenditures and deferred
 2821  maintenance, or give warranties as provided by subsection (6),
 2822  or post a surety bond as provided by subsection (7). The
 2823  developer shall fund the reserve accounts in amounts calculated
 2824  as follows:
 2825         (a)1. When the existing improvements include an air
 2826  conditioning system serving more than one unit or property which
 2827  the association is responsible to repair, maintain, or replace,
 2828  the developer shall fund an air-conditioning reserve account.
 2829  The amount of the reserve account shall be the product of the
 2830  estimated current replacement cost of the system, as disclosed
 2831  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2832  fraction, the numerator of which shall be the lesser of the age
 2833  of the system in years or 9, and the denominator of which shall
 2834  be 10. When such air-conditioning system is within 1,000 yards
 2835  of the seacoast, the numerator shall be the lesser of the age of
 2836  the system in years or 3, and the denominator shall be 4.
 2837         2. The developer shall fund a plumbing reserve account. The
 2838  amount of the funding shall be the product of the estimated
 2839  current replacement cost of the plumbing component, as disclosed
 2840  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2841  fraction, the numerator of which shall be the lesser of the age
 2842  of the plumbing in years or 36, and the denominator of which
 2843  shall be 40.
 2844         3. The developer shall fund a roof reserve account. The
 2845  amount of the funding shall be the product of the estimated
 2846  current replacement cost of the roofing component, as disclosed
 2847  and substantiated pursuant to s. 719.616(3)(b), multiplied by a
 2848  fraction, the numerator of which shall be the lesser of the age
 2849  of the roof in years or the numerator listed in the following
 2850  table. The denominator of the fraction shall be determined based
 2851  on the roof type, as follows:
 2852  
 2853        Roof Type               Numerator          Denominator      
 2854  a.    Built-up roof without insulation        4                   5           
 2855  b.    Built-up roof with insulation        4                   5           
 2856  c.    Cement tile roof            45                  50          
 2857  d.    Asphalt shingle roof        14                  15          
 2858  e.    Copper roof                                                 
 2859  f.    Wood shingle roof           9                   10          
 2860  g.    All other types             18                  20          
 2861  
 2862         (b) The age of any component or structure for which the
 2863  developer is required to fund a reserve account shall be
 2864  measured in years from the later of:
 2865         1. The date when the component or structure was replaced or
 2866  substantially renewed, if the replacement or renewal of the
 2867  component at least met the requirements of the then-applicable
 2868  building code; or
 2869         2. The date when the installation or construction of the
 2870  existing component or structure was completed.
 2871         (c) When the age of a component or structure is to be
 2872  measured from the date of replacement or renewal, the developer
 2873  shall provide the division with a certificate, under the seal of
 2874  an architect or engineer authorized to practice in this state,
 2875  verifying:
 2876         1. The date of the replacement or renewal; and
 2877         2. That the replacement or renewal at least met the
 2878  requirements of the then-applicable building code.
 2879         Section 26. The Division of Florida Condominiums,
 2880  Timeshares, and Mobile Homes of the Department of Business and
 2881  Professional Regulation shall complete a review of the website
 2882  or application requirements for official records under s.
 2883  718.111(12)(g), Florida Statutes, and make recommendations
 2884  regarding any additional official records of a condominium
 2885  association that should be included in the record maintenance
 2886  requirement in the statute. The division shall submit the
 2887  findings of its review to the Governor, the President of the
 2888  Senate, the Speaker of the House of Representatives, and the
 2889  chairs of the legislative appropriations committees and
 2890  appropriate substantive committees with jurisdiction over
 2891  chapter 718, Florida Statutes, by February 1, 2025.
 2892         Section 27. Except as otherwise expressly provided in this
 2893  act, this act shall take effect July 1, 2024.
 2894  
 2895  ================= T I T L E  A M E N D M E N T ================
 2896  And the title is amended as follows:
 2897         Delete everything before the enacting clause
 2898  and insert:
 2899                        A bill to be entitled                      
 2900         An act relating to community associations; amending s.
 2901         468.4334, F.S.; requiring community associations or
 2902         successor community association managers and
 2903         management firms to return official records of an
 2904         association within a specified period following
 2905         termination of a contract; specifying the manner of
 2906         delivery for the notice of termination; authorizing
 2907         the manager or management firm to retain records for a
 2908         specified purpose within a specified timeframe;
 2909         relieving a manager or management firm from
 2910         responsibility if the association fails to provide
 2911         access to the records necessary to complete an ending
 2912         financial statement or report; providing a rebuttable
 2913         presumption regarding noncompliance; providing
 2914         penalties for the failure to timely return official
 2915         records; creating s. 468.4335, F.S.; requiring
 2916         community association managers and management firms to
 2917         provide a written disclosure of certain conflicts of
 2918         interest to the association’s board; providing a
 2919         rebuttable presumption as to the existence of a
 2920         conflict; requiring an association to solicit multiple
 2921         competitive bids for goods or services under certain
 2922         circumstances; providing requirements for an
 2923         association to approve any contract or transaction
 2924         deemed a conflict of interest; authorizing that any
 2925         such contract may be canceled, subject to certain
 2926         requirements; specifying liability and nonliability of
 2927         the association upon cancellation of such a contract;
 2928         authorizing an association to cancel a contract with a
 2929         community association manager or management firm upon
 2930         a finding of a violation of certain provisions;
 2931         specifying liability and nonliability of the
 2932         association upon cancellation of such a contract;
 2933         authorizing an association to void certain contracts
 2934         if certain conflicts were not disclosed in accordance
 2935         with the act; defining the term “relative”; providing
 2936         applicability amending s. 468.436, F.S.; revising the
 2937         list of grounds for which the Department of Business
 2938         and Professional Regulation may take disciplinary
 2939         actions against community association managers or
 2940         firms to conform to changes made by the act; amending
 2941         s. 553.8445, F.S.; providing that all residential
 2942         dwellings must be required to be equipped with a
 2943         certain reusable device designed for a specified
 2944         purpose as a condition for the issuance of certain
 2945         permits and completion of a certain inspections;
 2946         providing applicability; requiring the Florida
 2947         Building Commission to adopt certain rules; amending
 2948         s. 553.899, F.S.; revising applicability; amending s.
 2949         718.103, F.S.; revising the definition of the term
 2950         “alternative funding method” to conform to changes
 2951         made by the act; defining the term “hurricane
 2952         protection”; amending s. 718.104, F.S.; requiring that
 2953         declarations specify the entity responsible for the
 2954         installation, maintenance, repair, or replacement of
 2955         hurricane protection; amending s. 718.111, F.S.;
 2956         defining the term “kickback”; providing criminal
 2957         penalties for any officer, director, or manager of an
 2958         association who knowingly solicits, offers to accept,
 2959         or accepts a kickback; requiring the Division of
 2960         Florida Condominiums, Timeshares, and Mobile Homes to
 2961         monitor compliance and issue fines and penalties for
 2962         failure of an association to maintain the required
 2963         insurance policy or fidelity bonding; revising the
 2964         list of records that constitute the official records
 2965         of an association; revising maintenance requirements
 2966         for official records; revising requirements regarding
 2967         requests to inspect or copy association records;
 2968         requiring an association to provide a checklist in
 2969         response to certain records requests; providing a
 2970         rebuttable presumption regarding compliance; providing
 2971         criminal penalties for certain violations regarding
 2972         noncompliance with records requirements; defining the
 2973         term “repeatedly”; requiring that copies of certain
 2974         building permits be posted on an association’s website
 2975         or application; modifying the method of delivery of
 2976         certain letters regarding association financial
 2977         reports to unit owners; conforming a provision to
 2978         changes made by the act; revising circumstances under
 2979         which an association may prepare certain reports;
 2980         revising applicable law for criminal penalties for
 2981         persons who unlawfully use a debit card issued in the
 2982         name of an association; defining the term “lawful
 2983         obligation of the association”; revising the threshold
 2984         for associations that must post certain documents on
 2985         its website or through an application; amending s.
 2986         718.112, F.S.; requiring the boards of administration
 2987         of associations consisting of more than a specified
 2988         number of units to meet a minimum number of times each
 2989         quarter; revising requirements regarding notice of
 2990         such meetings; requiring a director of a board of an
 2991         association to provide a written certification and
 2992         complete an educational requirement upon election or
 2993         appointment to the board; requiring the association to
 2994         bear the costs of the required educational curriculum
 2995         and certificate; providing transitional provisions;
 2996         requiring that an association’s budget include reserve
 2997         amounts for planned maintenance, in lieu of deferred
 2998         maintenance; providing that, upon a determination by a
 2999         specified local building official that an entire
 3000         condominium building is uninhabitable due to a natural
 3001         emergency, the board, upon the approval of a majority
 3002         of its members, may pause contribution to reserves or
 3003         reduce reserve funding for a specified period of time;
 3004         authorizing an association to expend any reserve
 3005         accounts held by the association to make the building
 3006         and its structures habitable; requiring the
 3007         association to immediately resume contributing funds
 3008         to its reserve once the local building official
 3009         determines the building and its structures are
 3010         habitable; requiring an association to distribute or
 3011         deliver copies of a structural integrity reserve study
 3012         to unit owners within a specified timeframe;
 3013         specifying the manner of distribution or delivery;
 3014         revising the circumstances under which a director or
 3015         an officer must be removed from office after being
 3016         charged by information or indictment; prohibiting such
 3017         officers and directors with pending criminal charges
 3018         from accessing the official records of any
 3019         association; providing an exception; providing
 3020         criminal penalties for certain fraudulent voting
 3021         activities relating to association elections;
 3022         requiring any person charged to be removed from office
 3023         and a vacancy be declared; amending s. 718.113, F.S.;
 3024         providing applicability; authorizing, rather than
 3025         requiring, certain hurricane protection
 3026         specifications; specifying that certain actions are
 3027         not material alterations or substantial additions;
 3028         authorizing the boards of residential and mixed-use
 3029         condominiums to install or require the unit owners to
 3030         install hurricane protection; requiring a vote of the
 3031         unit owners for the installation of hurricane
 3032         protection; requiring that such vote be attested to in
 3033         a certificate and recorded in certain public records;
 3034         providing requirements for such certificate; providing
 3035         that the validity or enforceability of a vote of the
 3036         unit owners is not affected if the board fails to
 3037         record a certificate or send a copy of the recorded
 3038         certificate to the unit owners; providing that a vote
 3039         of the unit owners is not required under certain
 3040         circumstances; prohibiting installation of the same
 3041         type of hurricane protection previously installed;
 3042         providing exceptions; prohibiting the boards of
 3043         residential and mixed-use condominiums from refusing
 3044         to approve certain hurricane protections; authorizing
 3045         the board to require owners to adhere to certain
 3046         guidelines regarding the external appearance of a
 3047         condominium; revising responsibility for the cost of
 3048         removal or reinstallation of hurricane protection and
 3049         certain exterior windows, doors, or apertures in
 3050         certain circumstances; requiring the board to make a
 3051         certain determination; providing that costs incurred
 3052         by the association in connection with such removal or
 3053         reinstallation completed by the association may not be
 3054         charged to the unit owner; requiring reimbursement of
 3055         the unit owner, or application of a credit toward
 3056         future assessments, in certain circumstances;
 3057         authorizing the association to collect charges if the
 3058         association removes or installs hurricane protection
 3059         and making such charges enforceable as an assessment;
 3060         amending s. 718.115, F.S.; specifying when the cost of
 3061         installation of hurricane protection is not a common
 3062         expense; authorizing certain expenses to be
 3063         enforceable as assessments; requiring that certain
 3064         unit owners be excused from certain assessments or to
 3065         receive a credit for hurricane protection that has
 3066         been installed; providing credit applicability under
 3067         certain circumstances; providing for the amount of
 3068         credit that a unit owner must receive; specifying that
 3069         certain expenses are common expenses; amending s.
 3070         718.121, F.S.; conforming a cross-reference; amending
 3071         s. 718.1224, F.S.; revising legislative findings and
 3072         intent to conform to changes made by the act; revising
 3073         the definition of the term “governmental entity”;
 3074         prohibiting a condominium association from filing
 3075         strategic lawsuits against public participation;
 3076         prohibiting an association from taking certain action
 3077         against a unit owner in response to specified conduct;
 3078         prohibiting associations from expending association
 3079         funds in support of certain actions against a unit
 3080         owner; conforming provisions to changes made by the
 3081         act; amending s. 718.128, F.S.; authorizing a
 3082         condominium association to conduct elections and other
 3083         unit owner votes through an online voting system if a
 3084         unit owner consents, either electronically or in
 3085         writing, to online voting; revising applicability;
 3086         amending s. 718.301, F.S.; revising items that
 3087         developers are required to deliver to an association
 3088         upon relinquishing control of the association;
 3089         amending s. 718.3027, F.S.; revising requirements
 3090         regarding attendance at a board meeting in the event
 3091         of a conflict of interest; modifying circumstances
 3092         under which a contract may be voided; amending s.
 3093         718.303, F.S.; requiring that a notice of nonpayment
 3094         be provided to a unit owner by a specified time before
 3095         an election; amending s. 718.501, F.S.; revising
 3096         circumstances under which the Division of Florida
 3097         Condominiums, Timeshares, and Mobile Homes has
 3098         jurisdiction to investigate and enforce certain
 3099         matters; requiring the division to provide official
 3100         records, without charge, to a unit owner denied
 3101         access; requiring the division to adopt rules related
 3102         to the approval of educational curriculum providers;
 3103         requiring the division to refer suspected criminal
 3104         acts to the appropriate law enforcement authority;
 3105         authorizing certain division officials to attend
 3106         association meetings; requiring that an association’s
 3107         annual fee be filed concurrently with the annual
 3108         certification; specifying requirements for the annual
 3109         certification; requiring an association to explain on
 3110         the certification the reasons any certification
 3111         requirements have not been met; requiring an
 3112         association to complete the certifications within a
 3113         specified timeframe; requiring the association to
 3114         notify the division when the certification is
 3115         completed; conforming a provision to changes made by
 3116         the act; amending s. 718.5011, F.S.; revising that the
 3117         secretary of the Department of Business and
 3118         Professional Regulation shall appoint the condominium
 3119         ombudsman; amending s. 718.618, F.S.; conforming a
 3120         provision to changes made by the act; amending s.
 3121         719.106, F.S.; requiring that a cooperative
 3122         association’s budget include reserve amounts for
 3123         planned maintenance, in lieu of deferred maintenance;
 3124         providing an exception for certain associations to
 3125         complete a structural integrity reserve study by a
 3126         certain date; requiring an association to distribute
 3127         or deliver copies of a structural integrity reserve
 3128         study to unit owners within a specified timeframe;
 3129         specifying the manner of distribution or delivery;
 3130         conforming provisions to changes made by the act;
 3131         amending s. 719.129, F.S.; authorizing cooperative
 3132         associations to conduct elections and other unit owner
 3133         votes through an online voting system if a unit owner
 3134         consents, either electronically or in writing, to
 3135         online voting; revising applicability; amending s.
 3136         719.301, F.S.; revising items that developers are
 3137         required to deliver to a cooperative association upon
 3138         relinquishing control of association property;
 3139         amending s. 719.618, F.S.; conforming a provision to
 3140         changes made by the act; requiring the division to
 3141         conduct a review of statutory requirements regarding
 3142         posting of official records on a condominium
 3143         association’s website or application; requiring the
 3144         division to submit its findings, including any
 3145         recommendations, to the Governor and the Legislature
 3146         by a specified date; providing effective dates.