CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Saunders moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 178, line 15, through page 179, line 10, delete

15  those lines

16

17  and insert:

18         Section 47.  Section 718.103, Florida Statutes, is

19  amended to read:

20         718.103  Definitions.--As used in this chapter, the

21  term:

22         (1)  "Assessment" means a share of the funds which are

23  required for the payment of common expenses, which from time

24  to time is assessed against the unit owner.

25         (2)  "Association" means, in addition to any entity

26  those entities responsible for the operation of common

27  elements owned in undivided shares by unit owners, any entity

28  which operates or maintains other real property in which

29  condominium unit owners have use rights, where unit owner

30  membership in the entity is composed exclusively of

31  condominium unit owners or their elected or appointed

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                                                  SENATE AMENDMENT

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 1  representatives, and where membership in the entity is a

 2  required condition of unit ownership.

 3         (3)  "Association property" means that property, real

 4  and personal, which is owned or leased by, or is dedicated by

 5  a recorded plat to, the association for the use and benefit of

 6  its members.

 7         (4)  "Board of administration" or "board" means the

 8  board of directors or other representative body which is

 9  responsible for administration of the association.

10         (5)  "Buyer" means a person who purchases a condominium

11  unit. The term "purchaser" may be used interchangeably with

12  the term "buyer."

13         (6)  "Bylaws" means the bylaws of the association as

14  they are amended exist from time to time.

15         (7)  "Committee" means a group of board members, unit

16  owners, or board members and unit owners appointed by the

17  board or a member of the board to make recommendations to the

18  board regarding the proposed annual association budget or to

19  take action on behalf of the board.

20         (8)  "Common elements" means the portions of the

21  condominium property which are not included in the units.

22         (9)  "Common expenses" means all expenses and

23  assessments which are properly incurred by the association in

24  the performance of its duties, including expenses specified in

25  s. 718.115 for the condominium.

26         (10)  "Common surplus" means the amount excess of all

27  receipts or revenues, of the association collected on behalf

28  of a condominium (including, but not limited to, assessments,

29  rents, or profits, collected by a condominium association

30  which exceeds, and revenues on account of the common elements)

31  over the common expenses.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1         (11)  "Condominium" means that form of ownership of

 2  real property which is created pursuant to the provisions of

 3  this chapter, which is comprised entirely of units that may be

 4  owned by one or more persons, and in which there is,

 5  appurtenant to each unit, an undivided share in common

 6  elements.

 7         (12)  "Condominium parcel" means a unit, together with

 8  the undivided share in the common elements which is

 9  appurtenant to the unit.

10         (13)  "Condominium property" means the lands,

11  leaseholds, and personal property that are subjected to

12  condominium ownership, whether or not contiguous, and all

13  improvements thereon and all easements and rights appurtenant

14  thereto intended for use in connection with the condominium.

15         (14)  "Conspicuous type" means bold type in capital

16  letters no smaller than the largest type, exclusive of

17  headings, on the page on which it appears and, in all cases,

18  at least 10-point type.  Where conspicuous type is required,

19  it must be separated on all sides from other type and print.

20  Conspicuous type may be used in a contract contracts for

21  purchase and sale of a unit, a lease of a unit for more than 5

22  years, or a prospectus or offering circular public offering

23  statements only where required by law.

24         (15)  "Declaration" or "declaration of condominium"

25  means the instrument or instruments by which a condominium is

26  created, as they are from time to time amended.

27         (16)  "Developer" means a person who creates a

28  condominium or offers condominium parcels for sale or lease in

29  the ordinary course of business, but does not include an owner

30  or lessee of a condominium or cooperative unit who has

31  acquired the unit for his or her own occupancy, nor does it

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                                                  SENATE AMENDMENT

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 1  include a cooperative association which creates a condominium

 2  by conversion of an existing residential cooperative after

 3  control of the association has been transferred to the unit

 4  owners if, following the conversion, the unit owners will be

 5  the same persons who were unit owners of the cooperative and

 6  no units are offered for sale or lease to the public as part

 7  of the plan of conversion.

 8         (17)  "Division" means the Division of Florida Land

 9  Sales, Condominiums, and Mobile Homes of the Department of

10  Business and Professional Regulation.

11         (18)  "Land" means, unless otherwise defined in the

12  declaration as hereinafter provided, the surface of a legally

13  described parcel of real property and includes, unless

14  otherwise specified in the declaration and whether separate

15  from or including such surface, airspace lying above and

16  subterranean space lying below such surface.  However, if so

17  defined in the declaration, the term "land" may mean all or

18  any portion of the airspace or subterranean space between two

19  legally identifiable elevations and may exclude the surface of

20  a parcel of real property and may mean any combination of the

21  foregoing, whether or not contiguous.

22         (19)  "Limited common elements" means those common

23  elements which are reserved for the use of a certain

24  condominium unit or units to the exclusion of all other units,

25  as specified in the declaration of condominium.

26         (20)  "Multicondominium" means a real estate

27  development containing two or more condominiums all of which

28  are operated by the same association.

29         (21)(20)  "Operation" or "operation of the condominium"

30  includes the administration and management of the condominium

31  property.

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                                                  SENATE AMENDMENT

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 1         (22)(21)  "Rental agreement" means any written

 2  agreement, or oral agreement if for less duration than 1 year,

 3  providing for use and occupancy of premises.

 4         (23)(22)  "Residential condominium" means a condominium

 5  consisting of two or more condominium units, any of which are

 6  intended for use as a private temporary or permanent

 7  residence, except that a condominium is not a residential

 8  condominium if the use for which the units are intended is

 9  primarily commercial or industrial and not more than three

10  units are intended to be used for private residence, and are

11  intended to be used as housing for maintenance, managerial,

12  janitorial, or other operational staff of the condominium.

13  With respect to a condominium that is not a timeshare

14  condominium, a residential unit includes a unit intended as a

15  private temporary or permanent residence as well as a unit not

16  intended for commercial or industrial use. With respect to a

17  timeshare condominium, the timeshare instrument as defined in

18  s. 721.05(33) s. 721.05(30) shall govern the intended use of

19  each unit in the condominium. If a condominium is a

20  residential condominium but contains units intended to be used

21  for commercial or industrial purposes, then, with respect to

22  those units which are not intended for or used as private

23  residences, the condominium is not a residential condominium.

24  A condominium which contains both commercial and residential

25  units is a mixed-use condominium and is subject to the

26  requirements of s. 718.404.

27         (24)(23)  "Special assessment" means any assessment

28  levied against a unit owner owners other than the assessment

29  required by a budget adopted annually.

30         (25)(24)  "Timeshare estate" means any interest in a

31  unit under which the exclusive right of use, possession, or

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                                                  SENATE AMENDMENT

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 1  occupancy of the unit circulates among the various purchasers

 2  of a timeshare plan pursuant to chapter 721 on a recurring

 3  basis for a period of time.

 4         (26)(25)  "Timeshare unit" means a unit in which

 5  timeshare estates have been created.

 6         (27)(26)  "Unit" means a part of the condominium

 7  property which is subject to exclusive ownership.  A unit may

 8  be in improvements, land, or land and improvements together,

 9  as specified in the declaration.

10         (28)(27)  "Unit owner" or "owner of a unit" means a

11  record owner of legal title to a condominium parcel.

12         (29)(28)  "Voting certificate" means a document which

13  designates one of the record title owners, or the corporate,

14  partnership, or entity representative, who is authorized to

15  vote on behalf of a condominium unit that is owned by more

16  than one owner or by any entity.

17         (30)(29)  "Voting interests interest" means the voting

18  rights distributed to the association members pursuant to s.

19  718.104(4)(i). In a multicondominium association, the voting

20  interests of the association are the voting rights distributed

21  to the unit owners in all condominiums operated by the

22  association.  On matters related to a specific condominium in

23  a multicondominium association, the voting interests of the

24  condominium are the voting rights distributed to the unit

25  owners in that condominium.

26         Section 48.  Subsection (2) and paragraphs (f) and (g)

27  of subsection (4) of section 718.104, Florida Statutes, are

28  amended, and paragraph (h) is added to subsection (4), to

29  read:

30         718.104  Creation of condominiums; contents of

31  declaration.--Every condominium created in this state shall be

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                                                  SENATE AMENDMENT

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 1  created pursuant to this chapter.

 2         (2)  A condominium is created by recording a

 3  declaration in the public records of the county where the land

 4  is located, executed and acknowledged with the requirements

 5  for a deed.  All persons who have record title to the interest

 6  in the land being submitted to condominium ownership, or their

 7  lawfully authorized agents, must join in the execution of the

 8  declaration. Upon the recording of the declaration, or an

 9  amendment adding a phase to the condominium under s.

10  718.403(6), all units described in the declaration or phase

11  amendment as being located in or on the land then being

12  submitted to condominium ownership shall come into existence,

13  regardless of the state of completion of planned improvements

14  in which the units may be located. Upon recording the

15  declaration of condominium pursuant to this section, the

16  developer shall file the recording information with the

17  division within 120 calendar 30 business days on a form

18  prescribed by the division.

19         (4)  The declaration must contain or provide for the

20  following matters:

21         (f)  The undivided share of ownership of in the common

22  elements and common surplus of the condominium that is

23  appurtenant to each unit stated as a percentage or a fraction

24  of percentages or fractions, which, in the aggregate, must

25  equal the whole.  In the declaration of condominium for

26  residential condominiums created after April 1, 1992, the

27  ownership share of the common elements assigned to each

28  residential unit shall be based either upon the total square

29  footage of each residential unit in uniform relationship to

30  the total square footage of each other residential unit in the

31  condominium or on an equal fractional basis.

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                                                  SENATE AMENDMENT

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 1         (g)  The percentage or fractional shares of liability

 2  for proportions or percentages of and manner of sharing common

 3  expenses of the condominium and owning common surplus, which,

 4  for all a residential units condominium, must be the same as

 5  the undivided shares of ownership of in the common elements

 6  and common surplus appurtenant to each unit as provided for in

 7  paragraph (f).

 8         (h)  If a developer reserves the right, in a

 9  declaration recorded on or after July 1, 2000, to create a

10  multicondominium, the declaration must state, or provide a

11  specific formula for determining, the fractional or percentage

12  shares of liability for the common expenses of the association

13  and of ownership of the common surplus of the association to

14  be allocated to the units in each condominium to be operated

15  by the association.  If the declaration as originally recorded

16  fails to so provide, the share of liability for the common

17  expenses of the association and of ownership of the common

18  surplus of the association allocated to each unit in each

19  condominium operated by the association shall be a fraction of

20  the whole, the numerator of which is the number "one" and the

21  denominator of which is the total number of units in all

22  condominiums operated by the association.

23         Section 49.  Subsection (2) of section 718.106, Florida

24  Statutes, is amended to read:

25         718.106  Condominium parcels; appurtenances; possession

26  and enjoyment.--

27         (2)  There shall pass with a unit, as appurtenances

28  thereto:

29         (a)  An undivided share in the common elements and

30  common surplus.

31         (b)  The exclusive right to use such portion of the

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 1  common elements as may be provided by the declaration,

 2  including the right to transfer such right to other units or

 3  unit owners to the extent authorized by the declaration as

 4  originally recorded, or amendments to the declaration adopted

 5  under s. 718.110(2).

 6         (c)  An exclusive easement for the use of the airspace

 7  occupied by the unit as it exists at any particular time and

 8  as the unit may lawfully be altered or reconstructed from time

 9  to time. An easement in airspace which is vacated shall be

10  terminated automatically.

11         (d)  Membership in the association designated in the

12  declaration, with the full voting rights appertaining thereto.

13         (e)  Other appurtenances as may be provided in the

14  declaration.

15         Section 50.  Subsections (4) and (9) of section

16  718.110, Florida Statutes, are amended, and subsection (12) is

17  added to that section, to read:

18         718.110  Amendment of declaration; correction of error

19  or omission in declaration by circuit court.--

20         (4)  Unless otherwise provided in the declaration as

21  originally recorded, no amendment may change the configuration

22  or size of any condominium unit in any material fashion,

23  materially alter or modify the appurtenances to the unit, or

24  change the proportion or percentage by which the unit owner of

25  the parcel shares the common expenses of the condominium and

26  owns the common surplus of the condominium unless the record

27  owner of the unit and all record owners of liens on the unit

28  it join in the execution of the amendment and unless all the

29  record owners of all other units in the same condominium

30  approve the amendment.  The acquisition of property by the

31  association, and material alterations or substantial additions

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 1  to such property or the common elements by the association in

 2  accordance with s. 718.111(7) or s. 718.113, shall not be

 3  deemed to constitute a material alteration or modification of

 4  the appurtenances to the units.  A declaration recorded after

 5  April 1, 1992, may not require the approval of less than a

 6  majority of total voting interests of the condominium for

 7  amendments under this subsection, unless otherwise required by

 8  a any governmental entity.

 9         (9)  If there is an omission or error in a declaration

10  of condominium, or in any other document required by law to

11  establish the condominium, the association may correct the

12  error or omission by an amendment to the declaration or to the

13  other document required to create a condominium in the manner

14  provided in the declaration to amend the declaration or, if

15  none is provided, by vote of a majority of the voting

16  interests of the condominium.  The amendment is effective when

17  passed and approved and a certificate of the amendment is

18  executed and recorded as provided in subsections (2) and (3)

19  s. 718.104.  This procedure for amendment cannot be used if

20  such an amendment would materially or adversely affect

21  property rights of unit owners, unless the affected unit

22  owners consent in writing. This subsection does not restrict

23  the powers of the association to otherwise amend the

24  declaration, or other documentation, but authorizes a simple

25  process of amendment requiring a lesser vote for the purpose

26  of curing defects, errors, or omissions when the property

27  rights of unit owners are not materially or adversely

28  affected.

29         (12)(a)  With respect to an existing multicondominium

30  association, any amendment to change the fractional or

31  percentage share of liability for the common expenses of the

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                                                  SENATE AMENDMENT

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 1  association and ownership of the common surplus of the

 2  association must be approved by at least a majority of the

 3  total voting interests of each condominium operated by the

 4  association unless the declarations of all condominiums

 5  operated by the association uniformly require approval by a

 6  greater percentage of the voting interests of each

 7  condominium.

 8         (b)  Unless approval by a greater percentage of the

 9  voting interests of an existing multicondominium association

10  is expressly required in the declaration of an existing

11  condominium, the declaration may be amended upon approval of

12  at least a majority of the total voting interests of each

13  condominium operated by the multicondominium association for

14  the purpose of:

15         1.  Setting forth in the declaration the formula

16  currently utilized, but not previously stated in the

17  declaration, for determining the percentage or fractional

18  shares of liability for the common expenses of the

19  multicondominium association and ownership of the common

20  surplus of the multicondominium association.

21         2.  Providing for the creation or enlargement of a

22  multicondominium association by the merger or consolidation of

23  two or more associations and changing the name of the

24  association, as appropriate.

25         Section 51.  Paragraphs (a) and (c) of subsection (12)

26  and subsections (13), (14), and (15) of section 718.111,

27  Florida Statutes, are amended to read:

28         718.111  The association.--

29         (12)  OFFICIAL RECORDS.--

30         (a)  From the inception of the association, the

31  association shall maintain each of the following items, when

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                                                  SENATE AMENDMENT

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 1  applicable, which shall constitute the official records of the

 2  association:

 3         1.  A copy of the plans, permits, warranties, and other

 4  items provided by the developer pursuant to s. 718.301(4).

 5         2.  A photocopy of the recorded declaration of

 6  condominium of each condominium operated by the association

 7  and of each amendment to each declaration.

 8         3.  A photocopy of the recorded bylaws of the

 9  association and of each amendment to the bylaws.

10         4.  A certified copy of the articles of incorporation

11  of the association, or other documents creating the

12  association, and of each amendment thereto.

13         5.  A copy of the current rules of the association.

14         6.  A book or books which contain the minutes of all

15  meetings of the association, of the board of directors, and of

16  unit owners, which minutes shall be retained for a period of

17  not less than 7 years.

18         7.  A current roster of all unit owners and their

19  mailing addresses, unit identifications, voting

20  certifications, and, if known, telephone numbers.

21         8.  All current insurance policies of the association

22  and condominiums operated by the association.

23         9.  A current copy of any management agreement, lease,

24  or other contract to which the association is a party or under

25  which the association or the unit owners have an obligation or

26  responsibility.

27         10.  Bills of sale or transfer for all property owned

28  by the association.

29         11.  Accounting records for the association and

30  separate accounting records for each condominium which the

31  association operates, according to good accounting practices.

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 1  All accounting records shall be maintained for a period of not

 2  less than 7 years. The accounting records shall include, but

 3  are not limited to:

 4         a.  Accurate, itemized, and detailed records of all

 5  receipts and expenditures.

 6         b.  A current account and a monthly, bimonthly, or

 7  quarterly statement of the account for each unit designating

 8  the name of the unit owner, the due date and amount of each

 9  assessment, the amount paid upon the account, and the balance

10  due.

11         c.  All audits, reviews, accounting statements, and

12  financial reports of the association or condominium.

13         d.  All contracts for work to be performed.  Bids for

14  work to be performed shall also be considered official records

15  and shall be maintained for a period of 1 year.

16         12.  Ballots, sign-in sheets, voting proxies, and all

17  other papers relating to voting by unit owners, which shall be

18  maintained for a period of 1 year from the date of the

19  election, vote, or meeting to which the document relates.

20         13.  All rental records, when the association is acting

21  as agent for the rental of condominium units.

22         14.  A copy of the current question and answer sheet as

23  described by s. 718.504.

24         15.  All other records of the association not

25  specifically included in the foregoing which are related to

26  the operation of the association.

27         (c)  The official records of the association are open

28  to inspection by any association member or the authorized

29  representative of such member at all reasonable times.  The

30  right to inspect the records includes the right to make or

31  obtain copies, at the reasonable expense, if any, of the

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 1  association member.  The association may adopt reasonable

 2  rules regarding the frequency, time, location, notice, and

 3  manner of record inspections and copying. The failure of an

 4  association to provide the records within 10 working days

 5  after receipt of a written request shall create a rebuttable

 6  presumption that the association willfully failed to comply

 7  with this paragraph.  A unit owner who is denied access to

 8  official records is entitled to the actual damages or minimum

 9  damages for the association's willful failure to comply with

10  this paragraph.  The minimum damages shall be $50 per calendar

11  day up to 10 days, the calculation to begin on the 11th

12  working day after receipt of the written request.  The failure

13  to permit inspection of the association records as provided

14  herein entitles any person prevailing in an enforcement action

15  to recover reasonable attorney's fees from the person in

16  control of the records who, directly or indirectly, knowingly

17  denied access to the records for inspection.  The association

18  shall maintain an adequate number of copies of the

19  declaration, articles of incorporation, bylaws, and rules, and

20  all amendments to each of the foregoing, as well as the

21  question and answer sheet provided for in s. 718.504 and

22  year-end financial information required in this section on the

23  condominium property to ensure their availability to unit

24  owners and prospective purchasers, and may charge its actual

25  costs for preparing and furnishing these documents to those

26  requesting the same. Notwithstanding the provisions of this

27  paragraph, the following records shall not be accessible to

28  unit owners:

29         1.  Any record protected by the lawyer-client privilege

30  as described in s. 90.502, and any record protected by the

31  work-product privilege including any A record which was

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 1  prepared by an association attorney or prepared at the

 2  attorney's express direction, which reflects a mental

 3  impression, conclusion, litigation strategy, or legal theory

 4  of the attorney or the association, and which was prepared

 5  exclusively for civil or criminal litigation or for

 6  adversarial administrative proceedings, or which was prepared

 7  in anticipation of imminent civil or criminal litigation or

 8  imminent adversarial administrative proceedings until the

 9  conclusion of the litigation or adversarial administrative

10  proceedings.

11         2.  Information obtained by an association in

12  connection with the approval of the lease, sale, or other

13  transfer of a unit.

14         3.  Medical records of unit owners.

15         (13)  FINANCIAL REPORTING REPORTS.--Within 90 days

16  after the end of the fiscal year, or annually on a date

17  provided in the bylaws, the association shall prepare and

18  complete, or cause to be prepared and completed by a third

19  party, a financial report for the preceding fiscal year.

20  Within 21 days after the financial report is completed or

21  received by the association from the third party, the

22  association shall mail to each unit owner at the address last

23  furnished to the association by the unit owner, or hand

24  deliver to each unit owner, a copy of the financial report or

25  a notice that a copy of the financial report will be mailed or

26  hand delivered to the unit owner, without charge, upon receipt

27  of a written request from the unit owner.  The division shall

28  adopt rules setting forth uniform accounting principles and

29  standards to be used by all associations and shall adopt rules

30  addressing financial reporting requirements for

31  multicondominium associations.  In adopting such rules, the

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 1  division shall consider the number of members and annual

 2  revenues of an association.  Financial reports shall be

 3  prepared as follows:

 4         (a)  An association that meets the criteria of this

 5  paragraph shall prepare or cause to be prepared a complete set

 6  of financial statements in accordance with generally accepted

 7  accounting principles.  The financial statements shall be

 8  based upon the association's total annual revenues, as

 9  follows:

10         1.  An association with total annual revenues of

11  $100,000 or more, but less than $200,000, shall prepare

12  compiled financial statements.

13         2.  An association with total annual revenues of at

14  least $200,000, but less than $400,000, shall prepare reviewed

15  financial statements.

16         3.  An association with total annual revenues of

17  $400,000 or more shall prepare audited financial statements.

18         (b)1.  An association with total annual revenues of

19  less than $100,000 shall prepare a report of cash receipts and

20  expenditures.

21         2.  An association which operates less than 50 units,

22  regardless of the association's annual revenues, shall prepare

23  a report of cash receipts and expenditures in lieu of

24  financial statements required by paragraph (a).

25         3.  A report of cash receipts and disbursements must

26  disclose the amount of receipts by accounts and receipt

27  classifications and the amount of expenses by accounts and

28  expense classifications, including, but not limited to, the

29  following, as applicable: costs for security, professional and

30  management fees and expenses, taxes, costs for recreation

31  facilities, expenses for refuse collection and utility

                                  16
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  services, expenses for lawn care, costs for building

 2  maintenance and repair, insurance costs, administration and

 3  salary expenses, and reserves accumulated and expended for

 4  capital expenditures, deferred maintenance, and any other

 5  category for which the association maintains reserves.

 6         (c)  An association may prepare or cause to be

 7  prepared, without a meeting of or approval by the unit owners:

 8         1.  Compiled, reviewed, or audited financial

 9  statements, if the association is required to prepare a report

10  of cash receipts and expenditures;

11         2.  Reviewed or audited financial statements, if the

12  association is required to prepare compiled financial

13  statements; or

14         3.  Audited financial statements if the association is

15  required to prepare reviewed financial statements.

16         (d)  If approved by a majority of the voting interests

17  present at a properly called meeting of the association, an

18  association may prepare or cause to be prepared:

19         1.  A report of cash receipts and expenditures in lieu

20  of a compiled, reviewed, or audited financial statement;

21         2.  A report of cash receipts and expenditures or a

22  compiled financial statement in lieu of a reviewed or audited

23  financial statement; or

24         3.  A report of cash receipts and expenditures, a

25  compiled financial statement, or a reviewed financial

26  statement in lieu of an audited financial statement.

27

28  Such meeting and approval must occur prior to the end of the

29  fiscal year and is effective only for the fiscal year in which

30  the vote is taken.  With respect to an association to which

31  the developer has not turned over control of the association,

                                  17
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  all unit owners, including the developer, may vote on issues

 2  related to the preparation of financial reports for the first

 3  2 fiscal years of the association's operation, beginning with

 4  the fiscal year in which the declaration is recorded.

 5  Thereafter, all unit owners except the developer may vote on

 6  such issues until control is turned over to the association by

 7  the developer. Within 60 days following the end of the fiscal

 8  or calendar year or annually on such date as is otherwise

 9  provided in the bylaws of the association, the board of

10  administration of the association shall mail or furnish by

11  personal delivery to each unit owner a complete financial

12  report of actual receipts and expenditures for the previous 12

13  months, or a complete set of financial statements for the

14  preceding fiscal year prepared in accordance with generally

15  accepted accounting principles. The report shall show the

16  amounts of receipts by accounts and receipt classifications

17  and shall show the amounts of expenses by accounts and expense

18  classifications, including, if applicable, but not limited to,

19  the following:

20         (a)  Costs for security;

21         (b)  Professional and management fees and expenses;

22         (c)  Taxes;

23         (d)  Costs for recreation facilities;

24         (e)  Expenses for refuse collection and utility

25  services;

26         (f)  Expenses for lawn care;

27         (g)  Costs for building maintenance and repair;

28         (h)  Insurance costs;

29         (i)  Administrative and salary expenses; and

30         (j)  Reserves for capital expenditures, deferred

31  maintenance, and any other category for which the association

                                  18
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  maintains a reserve account or accounts.

 2         (14)  The division shall adopt rules which may require

 3  that the association deliver to the unit owners, in lieu of

 4  the financial report required by subsection (13), a complete

 5  set of financial statements for the preceding fiscal year.

 6  The financial statements shall be delivered within 90 days

 7  following the end of the previous fiscal year or annually on

 8  such other date as provided by the bylaws. The rules of the

 9  division may require that the financial statements be

10  compiled, reviewed, or audited, and the rules shall take into

11  consideration the criteria set forth in s. 718.501(1)(j). The

12  requirement to have the financial statements compiled,

13  reviewed, or audited does not apply to associations when a

14  majority of the voting interests of the association present at

15  a duly called meeting of the association have determined for a

16  fiscal year to waive this requirement.  In an association in

17  which turnover of control by the developer has not occurred,

18  the developer may vote to waive the audit requirement for the

19  first 2 years of the operation of the association, after which

20  time waiver of an applicable audit requirement shall be by a

21  majority of voting interests other than the developer.  The

22  meeting shall be held prior to the end of the fiscal year, and

23  the waiver shall be effective for only 1 fiscal year.  This

24  subsection does not apply to a condominium which consists of

25  50 or fewer units.

26         (14)(15)  COMMINGLING.--All funds collected by an

27  association shall be maintained separately in the

28  association's name.  For investment purposes only, reserve

29  funds may be commingled with operating funds of the

30  association.  Commingled operating and reserve funds shall be

31  accounted for separately and a commingled account shall not,

                                  19
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  at any time, be less than the amount identified as reserve

 2  funds.  This subsection does not prohibit a multicondominium

 3  association from commingling the operating funds of separate

 4  condominiums or the reserve funds of separate condominiums.

 5  Furthermore, for investment purposes only, a multicondominium

 6  association may commingle the operating funds of separate

 7  condominiums with the reserve funds of separate condominiums.

 8  A manager or business entity required to be licensed or

 9  registered under s. 468.432, or an agent, employee, officer,

10  or director of an association, shall not commingle any

11  association funds with his or her funds or with the funds of

12  any other condominium association or the funds of a community

13  association as defined in s. 468.431. All funds shall be

14  maintained separately in the association's name.  Reserve and

15  operating funds of the association shall not be commingled

16  unless combined for investment purposes. This subsection is

17  not meant to prohibit prudent investment of association funds

18  even if combined with operating or other reserve funds of the

19  same association, but such funds must be accounted for

20  separately, and the combined account balance may not, at any

21  time, be less than the amount identified as reserve funds in

22  the combined account. No manager or business entity required

23  to be licensed or registered under s. 468.432, and no agent,

24  employee, officer, or director of a condominium association

25  shall commingle any association funds with his or her funds or

26  with the funds of any other condominium association or

27  community association as defined in s. 468.431.

28         Section 52.  Paragraphs (d), (e), and (f) of subsection

29  (2) of section 718.112, Florida Statutes, are amended to read:

30         718.112  Bylaws.--

31         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

                                  20
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  the following and, if they do not do so, shall be deemed to

 2  include the following:

 3         (d)  Unit owner meetings.--

 4         1.  There shall be an annual meeting of the unit

 5  owners. Unless the bylaws provide otherwise, a vacancy on the

 6  board of administration caused by the expiration of a

 7  director's term shall be filled by electing a new board

 8  member, and the election shall be by secret ballot; however,

 9  if the number of vacancies equals or exceeds the number of

10  candidates, no election is required. If there is no provision

11  in the bylaws for terms of the members of the board of

12  administration, the terms of all members of the board of

13  administration shall expire upon the election of their

14  successors at the annual meeting. Any unit owner desiring to

15  be a candidate for board membership shall comply with

16  subparagraph 3. In order to be eligible for board membership,

17  a person must meet the requirements set forth in the

18  declaration. A person who has been convicted of any felony by

19  any court of record in the United States and who has not had

20  his or her right to vote restored pursuant to law in the

21  jurisdiction of his or her residence is not eligible for board

22  membership. The validity of an action by the board is not

23  affected if it is later determined that a member of the board

24  is ineligible for board membership due to having been

25  convicted of a felony.

26         2.  The bylaws shall provide the method of calling

27  meetings of unit owners, including annual meetings. Written

28  notice, which notice must include an agenda, shall be mailed

29  or hand delivered to each unit owner at least 14 days prior to

30  the annual meeting and shall be posted in a conspicuous place

31  on the condominium property at least 14 continuous days

                                  21
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  preceding the annual meeting. Upon notice to the unit owners,

 2  the board shall by duly adopted rule designate a specific

 3  location on the condominium property or association property

 4  upon which all notices of unit owner meetings shall be posted;

 5  however, if there is no condominium property or association

 6  property upon which notices can be posted, this requirement

 7  does not apply. Unless a unit owner waives in writing the

 8  right to receive notice of the annual meeting by mail, such

 9  the notice of the annual meeting shall be hand delivered or

10  mailed sent by mail to each unit owner. Notice for meetings

11  and notice for all other purposes shall be mailed to each unit

12  owner at the address last furnished to the association by the

13  unit owner, or hand delivered to each unit owner. However, if

14  Where a unit is owned by more than one person, the association

15  shall provide notice, for meetings and all other purposes, to

16  that one address which the developer initially identifies for

17  that purpose and thereafter as one or more of the owners of

18  the unit shall so advise the association in writing, or if no

19  address is given or the owners of the unit do not agree, to

20  the address provided on the deed of record. An officer of the

21  association, or the manager or other person providing notice

22  of the association meeting, shall provide an affidavit or

23  United States Postal Service certificate of mailing, to be

24  included in the official records of the association affirming

25  that the notice was mailed or hand delivered, in accordance

26  with this provision, to each unit owner at the address last

27  furnished to the association.

28         3.  The members of the board of administration shall be

29  elected by written ballot or voting machine. Proxies shall in

30  no event be used in electing the board of administration,

31  either in general elections or elections to fill vacancies

                                  22
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  caused by recall, resignation, or otherwise, unless otherwise

 2  provided in this chapter. Not less than 60 days before a

 3  scheduled election, the association shall mail or deliver,

 4  whether by separate association mailing or included in another

 5  association mailing or delivery including regularly published

 6  newsletters, to each unit owner entitled to a vote, a first

 7  notice of the date of the election. Any unit owner or other

 8  eligible person desiring to be a candidate for the board of

 9  administration must give written notice to the association not

10  less than 40 days before a scheduled election.  Together with

11  the written notice and agenda as set forth in subparagraph 2.,

12  the association shall mail or deliver a second notice of the

13  election to all unit owners entitled to vote therein, together

14  with a ballot which shall list all candidates. Upon request of

15  a candidate, the association shall include an information

16  sheet, no larger than 8 1/2  inches by 11 inches, which must

17  be furnished by the candidate not less than 35 days before the

18  election, to be included with the mailing of the ballot, with

19  the costs of mailing or delivery and copying to be borne by

20  the association. However, The association is not liable has no

21  liability for the contents of the information sheets prepared

22  by the candidates.  In order to reduce costs, the association

23  may print or duplicate the information sheets on both sides of

24  the paper. The division shall by rule establish voting

25  procedures consistent with the provisions contained herein,

26  including rules providing for the secrecy of ballots.

27  Elections shall be decided by a plurality of those ballots

28  cast. There shall be no quorum requirement; however, at least

29  20 percent of the eligible voters must cast a ballot in order

30  to have a valid election of members of the board of

31  administration. No unit owner shall permit any other person to

                                  23
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  vote his or her ballot, and any such ballots improperly cast

 2  shall be deemed invalid, provided any unit owner who violates

 3  this provision may be fined by the association in accordance

 4  with s. 718.303. A unit owner who needs assistance in casting

 5  the ballot for the reasons stated in s. 101.051 may obtain

 6  assistance in casting the ballot. Any unit owner violating

 7  this provision may be fined by the association in accordance

 8  with s. 718.303. The regular election shall occur on the date

 9  of the annual meeting. The provisions of this subparagraph

10  shall not apply to timeshare condominium associations.

11  Notwithstanding the provisions of this subparagraph, an

12  election is and balloting are not required unless more

13  candidates file notices of intent to run or are nominated than

14  board vacancies exist on the board.

15         4.  Any approval by unit owners called for by this

16  chapter or the applicable declaration or bylaws, including,

17  but not limited to, the approval requirement in s. 718.111(8),

18  shall be made at a duly noticed meeting of unit owners and

19  shall be subject to all requirements of this chapter or the

20  applicable condominium documents relating to unit owner

21  decisionmaking, except that unit owners may take action by

22  written agreement, without meetings, on matters for which

23  action by written agreement without meetings is expressly

24  allowed by the applicable bylaws or declaration or any statute

25  that provides for such action.

26         5.  Unit owners may waive notice of specific meetings

27  if allowed by the applicable bylaws or declaration or any

28  statute.

29         6.  Unit owners shall have the right to participate in

30  meetings of unit owners with reference to all designated

31  agenda items. However, the association may adopt reasonable

                                  24
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  rules governing the frequency, duration, and manner of unit

 2  owner participation.

 3         7.  Any unit owner may tape record or videotape a

 4  meeting of the unit owners subject to reasonable rules adopted

 5  by the division.

 6         8.  Unless otherwise provided in the bylaws, any

 7  vacancy occurring on the board before the expiration of a term

 8  may be filled by the affirmative vote of the majority of the

 9  remaining directors, even if the remaining directors

10  constitute less than a quorum, or by the sole remaining

11  director. In the alternative, a board may hold an election to

12  fill the vacancy, in which case the election procedures must

13  conform to the requirements of subparagraph 3. unless the

14  association has opted out of the statutory election process,

15  in which case the bylaws of the association control. Unless

16  otherwise provided in the bylaws, a board member appointed or

17  elected under this section shall fill the vacancy for the

18  unexpired term of the seat being filled. Filling vacancies

19  created by recall is governed by paragraph (j) and rules

20  adopted by the division.

21

22  Notwithstanding subparagraphs (b)2. and (d)3., an association

23  may, by the affirmative vote of a majority of the total voting

24  interests, provide for different voting and election

25  procedures in its bylaws, which vote may be by a proxy

26  specifically delineating the different voting and election

27  procedures. The different voting and election procedures may

28  provide for elections to be conducted by limited or general

29  proxy.

30         (e)  Budget meeting.--

31         1.  Any meeting at which a proposed annual budget of an

                                  25
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  association will be considered by the board or unit owners

 2  shall be open to all unit owners. At least 14 days prior to

 3  such a meeting, the board shall hand deliver to each unit

 4  owner, or mail to each unit owner at the address last

 5  furnished to the association by the unit owner, a notice of

 6  such meeting and a copy of the proposed annual budget. An

 7  officer or manager of the association, or other person

 8  providing notice of such meeting, shall execute an affidavit

 9  evidencing compliance with such notice requirement and such

10  affidavit shall be filed among the official records of the

11  association.

12         2.a.  If a board adopts in any fiscal year an annual

13  budget which requires assessments against unit owners which

14  exceed 115 percent of assessments for the preceding fiscal

15  year, the board shall conduct a special meeting of the unit

16  owners to consider a substitute budget if the board receives,

17  within 21 days after adoption of the annual budget, a written

18  request for a special meeting from at least 10 percent of all

19  voting interests.  The special meeting shall be conducted

20  within 60 days after adoption of the annual budget.  At least

21  14 days prior to such special meeting, the board shall hand

22  deliver to each unit owner, or mail to each unit owner at the

23  address last furnished to the association, a notice of the

24  meeting. An officer or manager of the association, or other

25  person providing notice of such meeting shall execute an

26  affidavit evidencing compliance with this notice requirement

27  and such affidavit shall be filed among the official records

28  of the association.  Unit owners may consider and adopt a

29  substitute budget at the special meeting. A substitute budget

30  is adopted if approved by a majority of all voting interests

31  unless the bylaws require adoption by a greater percentage of

                                  26
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  voting interests.  If there is not a quorum at the special

 2  meeting or a substitute budget is not adopted, the annual

 3  budget previously adopted by the board shall take effect as

 4  scheduled.

 5         b.  Any determination of whether assessments exceed 115

 6  percent of assessments for the prior fiscal year shall exclude

 7  any authorized provision for reasonable reserves for repair or

 8  replacement of the condominium property, anticipated expenses

 9  of the association which the board does not expect to be

10  incurred on a regular or annual basis, or assessments for

11  betterments to the condominium property.

12         c.  If the developer controls the board, assessments

13  shall not exceed 115 percent of assessments for the prior

14  fiscal year unless approved by a majority of all voting

15  interests. The board of administration shall hand deliver to

16  each unit owner, or mail to each unit owner at the address

17  last furnished to the association, a meeting notice and copies

18  of the proposed annual budget of common expenses not less than

19  14 days prior to the meeting of the unit owners or the board

20  of administration at which the budget will be considered.

21  Evidence of compliance with this 14-day notice must be made by

22  an affidavit executed by an officer of the association or the

23  manager or other person providing notice of the meeting and

24  filed among the official records of the association.  The

25  meeting must be open to the unit owners.  If an adopted budget

26  requires assessments against the unit owners in any fiscal or

27  calendar year which exceed 115 percent of the assessments for

28  the preceding year, the board, upon written application of 10

29  percent of the voting interests to the board, shall call a

30  special meeting of the unit owners within 30 days upon not

31  less than 10 days' written notice to each unit owner.  At the

                                  27
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  special meeting, unit owners shall consider and enact a

 2  budget.  Unless the bylaws require a larger vote, the adoption

 3  of the budget requires a vote of not less than a majority vote

 4  of all the voting interests. The board of administration may

 5  propose a budget to the unit owners at a meeting of members or

 6  in writing, and if the budget or proposed budget is approved

 7  by the unit owners at the meeting or by a majority of all the

 8  voting interests in writing, the budget is adopted. If a

 9  meeting of the unit owners has been called and a quorum is not

10  attained or a substitute budget is not adopted by the unit

11  owners, the budget adopted by the board of directors goes into

12  effect as scheduled.  In determining whether assessments

13  exceed 115 percent of similar assessments in prior years, any

14  authorized provisions for reasonable reserves for repair or

15  replacement of the condominium property, anticipated expenses

16  by the condominium association which are not anticipated to be

17  incurred on a regular or annual basis, or assessments for

18  betterments to the condominium property must be excluded from

19  the computation.  However, as long as the developer is in

20  control of the board of administration, the board may not

21  impose an assessment for any year greater than 115 percent of

22  the prior fiscal or calendar year's assessment without

23  approval of a majority of all the voting interests.

24         (f)  Annual budget.--

25         1.  The proposed annual budget of common expenses shall

26  be detailed and shall show the amounts budgeted by accounts

27  and expense classifications, including, if applicable, but not

28  limited to, those expenses listed in s. 718.504(21) s.

29  718.504(20). A multicondominium association shall adopt a

30  separate budget of common expenses for each condominium the

31  association operates and shall adopt a separate budget of

                                  28
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  common expenses for the association. In addition, if the

 2  association maintains limited common elements with the cost to

 3  be shared only by those entitled to use the limited common

 4  elements as provided for in s. 718.113(1), the budget or a

 5  schedule attached thereto shall show amounts budgeted

 6  therefor. If, after turnover of control of the association to

 7  the unit owners, any of the expenses listed in s. 718.504(21)

 8  s. 718.504(20) are not applicable, they need not be listed.

 9         2.  In addition to annual operating expenses, the

10  budget shall include reserve accounts for capital expenditures

11  and deferred maintenance. These accounts shall include, but

12  are not limited to, roof replacement, building painting, and

13  pavement resurfacing, regardless of the amount of deferred

14  maintenance expense or replacement cost, and for any other

15  item for which the deferred maintenance expense or replacement

16  cost exceeds $10,000. The amount to be reserved shall be

17  computed by means of a formula which is based upon estimated

18  remaining useful life and estimated replacement cost or

19  deferred maintenance expense of each reserve item.  The

20  association may adjust replacement reserve assessments

21  annually to take into account any changes in estimates or

22  extension of the useful life of a reserve item caused by

23  deferred maintenance. This subsection does not apply to an

24  adopted budget budgets in which the members of an association

25  have determined, by a majority vote at a duly called meeting

26  of the association, and voting determined for a fiscal year to

27  provide no reserves or less reserves less adequate than

28  required by this subsection. However, prior to turnover of

29  control of an association by a developer to unit owners other

30  than a developer pursuant to s. 718.301, the developer may

31  vote to waive the reserves or reduce the funding of reserves

                                  29
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  for the first 2 fiscal years of the association's operation of

 2  the association, beginning with the fiscal year in which the

 3  initial declaration is recorded, after which time reserves may

 4  be waived or reduced only upon the vote of a majority of all

 5  nondeveloper voting interests voting in person or by limited

 6  proxy at a duly called meeting of the association. If a

 7  meeting of the unit owners has been called to determine

 8  whether to waive or reduce the funding of to provide no

 9  reserves or reserves less adequate than required, and no such

10  result is achieved not attained or a quorum is not attained,

11  the reserves as included in the budget shall go into effect.

12  After the turnover, the developer may vote its voting interest

13  to waive or reduce the funding of reserves.

14         3.  Reserve funds and any interest accruing thereon

15  shall remain in the reserve account or accounts, and shall be

16  used only for authorized reserve expenditures unless their use

17  for other purposes is approved in advance by a majority vote

18  at a duly called meeting of the association. Prior to turnover

19  of control of an association by a developer to unit owners

20  other than the developer pursuant to s. 718.301, the

21  developer-controlled association shall not vote to use

22  reserves for purposes other than that for which they were

23  intended without the approval of a majority of all

24  nondeveloper voting interests, voting in person or by limited

25  proxy at a duly called meeting of the association.

26         4.  In a multicondominium association, the only voting

27  interests which are eligible to vote on questions that involve

28  waiving or reducing the funding of reserves, or using existing

29  reserve funds for purposes other than purposes for which the

30  reserves were intended, are the voting interests of the units

31  subject to assessment to fund the reserves in question.

                                  30
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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1         Section 53.  Subsection (2) of section 718.113, Florida

 2  Statutes, is amended to read:

 3         718.113  Maintenance; limitation upon improvement;

 4  display of flag; hurricane shutters.--

 5         (2)(a)  Except as otherwise provided in this section,

 6  there shall be no material alteration or substantial additions

 7  to the common elements or to real property which is

 8  association property, except in a manner provided in the

 9  declaration.  If the declaration does not specify the

10  procedure for approval of material alterations or substantial

11  additions, 75 percent of the total voting interests of the

12  association must approve the alterations or additions.

13         (b)  There shall not be any material alteration of, or

14  substantial addition to, the common elements of any

15  condominium operated by a multicondominium association unless

16  approved in the manner provided in the declaration of the

17  affected condominium or condominiums. If a declaration does

18  not specify a procedure for approving such an alteration or

19  addition, the approval of 75 percent of the total voting

20  interests of each affected condominium is required. This

21  subsection does not prohibit a provision in any declaration,

22  articles of incorporation, or bylaws requiring the approval of

23  unit owners in any condominium operated by the same

24  association or requiring board approval before a material

25  alteration or substantial addition to the common elements is

26  permitted.

27         (c)  There shall not be any material alteration or

28  substantial addition made to association real property

29  operated by a multicondominium association, except as provided

30  in the declaration, articles of incorporation, or bylaws. If

31  the declaration, articles of incorporation, or bylaws do not

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

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 1  specify the procedure for approving an alteration or addition

 2  to association real property, the approval of 75 percent of

 3  the total voting interests of the association is required.

 4         Section 54.  Section 718.115, Florida Statutes, is

 5  amended to read:

 6         718.115  Common expenses and common surplus.--

 7         (1)(a)  Common expenses include the expenses of the

 8  operation, maintenance, repair, replacement, or protection of

 9  the common elements and association property, costs of

10  carrying out the powers and duties of the association, and any

11  other expense, whether or not included in the foregoing,

12  designated as common expense by this chapter, the declaration,

13  the documents creating the association, or the bylaws.  Common

14  expenses also include reasonable transportation services,

15  insurance for directors and officers, road maintenance and

16  operation expenses, in-house communications, and security

17  services, which are reasonably related to the general benefit

18  of the unit owners even if such expenses do not attach to the

19  common elements or property of the condominium.  However, such

20  common expenses must either have been services or items

21  provided on or after from the date the control of the board of

22  administration of the association is was transferred from the

23  developer to the unit owners or must be services or items

24  provided for in the condominium documents or bylaws.

25         (b)  The common expenses of a condominium within a

26  multicondominium are the common expenses directly attributable

27  to the operation of that condominium. The common expenses of a

28  multicondominium association do not include the common

29  expenses directly attributable to the operation of any

30  specific condominium or condominiums within the

31  multicondominium.

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                                                  SENATE AMENDMENT

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 1         (c)  The common expenses of a multicondominium

 2  association may include categories of expenses related to the

 3  property or common elements within a specific condominium in

 4  the multicondominium if such property or common elements are

 5  areas in which all members of the multicondominium association

 6  have use rights or from which all members receive tangible

 7  economic benefits. Such common expenses of the association

 8  shall be identified in the declaration or bylaws of each

 9  condominium within the multicondominium association.

10         (d)(b)  If so provided in the declaration, the cost of

11  a master antenna television system or duly franchised cable

12  television service obtained pursuant to a bulk contract shall

13  be deemed a common expense. If the declaration does not

14  provide for the cost of a master antenna television system or

15  duly franchised cable television service obtained under a bulk

16  contract as a common expense, the board of administration may

17  enter into such a contract, and the cost of the service will

18  be a common expense but allocated on a per-unit basis rather

19  than a percentage basis if the declaration provides for other

20  than an equal sharing of common expenses, and any contract

21  entered into before July 1, 1998, in which the cost of the

22  service is not equally divided among all unit owners, may be

23  changed by vote of a majority of the voting interests present

24  at a regular or special meeting of the association, to

25  allocate the cost equally among all units. The contract shall

26  be for a term of not less than 2 years.

27         1.  Any contract made by the board after the effective

28  date hereof for a community antenna system or duly franchised

29  cable television service may be canceled by a majority of the

30  voting interests present at the next regular or special

31  meeting of the association.  Any member may make a motion to

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

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 1  cancel said contract, but if no motion is made or if such

 2  motion fails to obtain the required majority at the next

 3  regular or special meeting, whichever is sooner, following the

 4  making of the contract, then such contract shall be deemed

 5  ratified for the term therein expressed.

 6         2.  Any such contract shall provide, and shall be

 7  deemed to provide if not expressly set forth, that any hearing

 8  impaired or legally blind unit owner who does not occupy the

 9  unit with a non-hearing-impaired or sighted person may

10  discontinue the service without incurring disconnect fees,

11  penalties, or subsequent service charges, and as to such

12  units, the owners shall not be required to pay any common

13  expenses charge related to such service. If less than all

14  members of an association share the expenses of cable

15  television, the expense shall be shared equally by all

16  participating unit owners. The association may use the

17  provisions of s. 718.116 to enforce payment of the shares of

18  such costs by the unit owners receiving cable television.

19         (e)(c)  The expense of installation, replacement,

20  operation, repair, and maintenance of hurricane shutters by

21  the board pursuant to s. 718.113(5) shall constitute a common

22  expense as defined herein and shall be collected as provided

23  in this section. Notwithstanding the provisions of s.

24  718.116(9), a unit owner who has previously installed

25  hurricane shutters in accordance with s. 718.113(5) or

26  laminated glass architecturally designed to function as

27  hurricane protection which complies with the applicable

28  building code shall receive a credit equal to the pro rata

29  portion of the assessed installation cost assigned to each

30  unit. However, such unit owner shall remain responsible for

31  the pro rata share of expenses for hurricane shutters

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  installed on common elements and association property by the

 2  board pursuant to s. 718.113(5), and shall remain responsible

 3  for a pro rata share of the expense of the replacement,

 4  operation, repair, and maintenance of such shutters.

 5         (f)(d)  If any unpaid share of common expenses or

 6  assessments is extinguished by foreclosure of a superior lien

 7  or by a deed in lieu of foreclosure thereof, the unpaid share

 8  of common expenses or assessments are common expenses

 9  collectible from all the unit owners in the condominium in

10  which the unit is located.

11         (2)  Except as otherwise provided by this chapter,

12  funds for the payment of the common expenses of a condominium

13  shall be collected by assessments against the units in that

14  condominium unit owners in the proportions or percentages

15  provided in that condominium's the declaration.  In a

16  residential condominium, or mixed-use condominium created

17  after January 1, 1996, each unit's share unit owners' shares

18  of the common expenses of the condominium and common surplus

19  of the condominium shall be the same as the unit's appurtenant

20  in the same proportions as their ownership interest in the

21  common elements.

22         (3)  Common surplus is owned by unit owners in the same

23  shares as their ownership interest in the common elements.

24         (4)(a)  Funds for payment of the common expenses of a

25  condominium within a multicondominium shall be collected as

26  provided in subsection (2).  Common expenses of a

27  multicondominium association shall be funded by assessments

28  against all unit owners in the association in the proportion

29  or percentage set forth in the declaration as required by s.

30  718.104(4)(h) or s. 718.110(12), as applicable.

31         (b)  In a multicondominium association, the total

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

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 1  common surplus owned by a unit owner consists of that owner's

 2  share of the common surplus of the association plus that

 3  owner's share of the common surplus of the condominium in

 4  which the owner's unit is located, in the proportion or

 5  percentage set forth in the declaration as required by s.

 6  718.104(4)(h) or s. 718.110(12), as applicable.

 7         Section 55.  Subsection (9) of section 718.116, Florida

 8  Statutes, is amended to read:

 9         (Substantial rewording of subsection.  See

10         s. 718.116(9), F.S., for present text.)

11         718.116  Assessments; liability; lien and priority;

12  interest; collection.--

13         (9)(a)  A unit owner may not be excused from payment of

14  the unit owner's share of common expenses unless all other

15  unit owners are likewise proportionately excluded from

16  payment, except as provided in subsection (1) and in the

17  following cases:

18         1.  If authorized by the declaration, a developer who

19  is offering units for sale may elect to be excused from

20  payment of assessments against those unsold units for a stated

21  period of time after the declaration is recorded.  However,

22  the developer must pay common expenses incurred during such

23  period which exceed regular periodic assessments against other

24  unit owners in the same condominium.  The stated period must

25  terminate no later than the first day of the fourth calendar

26  month following the month in which the first closing occurs of

27  a purchase contract for a unit in that condominium.  If a

28  developer-controlled association has maintained all insurance

29  coverage required by s. 718.111(11)(a), common expenses

30  incurred during the stated period resulting from a natural

31  disaster or an act of God occurring during the stated period,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  which are not covered by proceeds from insurance maintained by

 2  the association, may be assessed against all unit owners

 3  owning units on the date of such natural disaster or act of

 4  God, and their respective successors and assigns, including

 5  the developer with respect to units owned by the developer. In

 6  the event of such an assessment, all units shall be assessed

 7  in accordance with s. 718.115(2).

 8         2.  A developer who owns condominium units, and who is

 9  offering the units for sale, may be excused from payment of

10  assessments against those unsold units for the period of time

11  the developer has guaranteed to all purchasers or other unit

12  owners in the same condominium that assessments will not

13  exceed a stated dollar amount and that the developer will pay

14  any common expenses that exceed the guaranteed amount. Such

15  guarantee may be stated in the purchase contract, declaration,

16  prospectus, or written agreement between the developer and a

17  majority of the unit owners other than the developer and may

18  provide that after the initial guarantee period, the developer

19  may extend the guarantee for one or more stated periods. If a

20  developer-controlled association has maintained all insurance

21  coverage required by s. 718.111(11)(a), common expenses

22  incurred during a guarantee period, as a result of a natural

23  disaster or an act of God occurring during the same guarantee

24  period, which are not covered by the proceeds from such

25  insurance, may be assessed against all unit owners owning

26  units on the date of such natural disaster or act of God, and

27  their successors and assigns, including the developer with

28  respect to units owned by the developer.  Any such assessment

29  shall be in accordance with s. 718.115(2) or (4), as

30  applicable.

31         (b)  If the purchase contract, declaration, prospectus,

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                                                  SENATE AMENDMENT

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 1  or written agreement between the developer and a majority of

 2  unit owners other than the developer, provides for the

 3  developer to be excused from payment of assessments under

 4  paragraph (a), only regular periodic assessments for common

 5  expenses as provided for in the declaration and prospectus and

 6  disclosed in the estimated operating budget shall be used for

 7  payment of common expenses during any period in which the

 8  developer is excused. Accordingly, no funds which are

 9  receivable from unit purchasers or unit owners and payable to

10  the association, including capital contributions or startup

11  funds collected from unit purchasers at closing, may be used

12  for payment of such common expenses.

13         (c)  If a developer of a multicondominium is excused

14  from payment of assessments under paragraph (a), the

15  developer's financial obligation to the multicondominium

16  association during any period in which the developer is

17  excused from payment of assessments is as follows:

18         1.  The developer shall pay the common expenses of a

19  condominium affected by a guarantee, including the funding of

20  reserves as provided in the adopted annual budget of that

21  condominium, which exceed the regular periodic assessments at

22  the guaranteed level against all other unit owners within that

23  condominium.

24         2.  The developer shall pay the common expenses of a

25  multicondominium association, including the funding of

26  reserves as provided in the adopted annual budget of the

27  association, which are allocated to units within a condominium

28  affected by a guarantee and which exceed the regular periodic

29  assessments against all other unit owners within that

30  condominium.

31         Section 56.  Subsection (11) is added to section

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  718.117, Florida Statutes, to read:

 2         718.117  Termination.--

 3         (11)  This section does not apply to the termination of

 4  a condominium incident to a merger of that condominium with

 5  one or more other condominiums under s. 718.110(7).

 6         Section 57.  Subsection (8) of section 718.403, Florida

 7  Statutes, is amended to read:

 8         718.403  Phase condominiums.--

 9         (8)  Upon recording the declaration of condominium or

10  amendments adding phases pursuant to this section, the

11  developer shall file the recording information with the

12  division within 120 Calendar 30 working days on a form

13  prescribed by the division.

14         Section 58.  Section 718.405, Florida Statutes, is

15  created to read:

16         718.405  Multicondominiums; multicondominium

17  associations.--

18         (1)  An association may operate more than one

19  condominium if the declaration for each condominium to be

20  operated by that association provides for participation in a

21  multicondominium, in conformity with this section, and

22  discloses or describes:

23         (a)  The manner or formula by which the assets,

24  liabilities, common surplus, and common expenses of the

25  association will be apportioned among the units within the

26  condominiums operated by the association, in accordance with

27  s. 718.104(4)(g) or (h), as applicable.

28         (b)  Whether unit owners in any other condominium, or

29  any other persons, will or may have the right to use

30  recreational areas or any other facilities or amenities that

31  are common elements of the condominium, and, if so, the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  specific formula by which the other users will share the

 2  common expenses related to those facilities or amenities.

 3         (c)  Recreational and other commonly used facilities or

 4  amenities which the developer has committed to provide that

 5  will be owned, leased by, or dedicated by a recorded plat to

 6  the association but which are not included within any

 7  condominium operated by the association. The developer may

 8  reserve the right to add additional facilities or amenities if

 9  the declaration and prospectus for each condominium to be

10  operated by the association contains the following statement

11  in conspicuous type and in substantially the following form:

12  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

13  CONSENT OF UNIT OWNERS OR THE ASSOCIATION.

14         (d)  The voting rights of the unit owners in the

15  election of directors and in other multicondominium

16  association affairs when a vote of the owners is taken,

17  including, but not limited to, a statement as to whether each

18  unit owner will have a right to personally cast his or her own

19  vote in all matters voted upon.

20         (2)  If any declaration requires a developer to convey

21  additional lands or facilities to a multicondominium

22  association and the developer fails to do so within the time

23  specified, or within a reasonable time if none is specified in

24  the declaration, any unit owner or the association may enforce

25  that obligation against the developer or bring an action

26  against the developer for specific performance or for damages

27  that result from the developer's failure or refusal to convey

28  the additional lands or facilities.

29         (3)  The declaration for each condominium to be

30  operated by a multicondominium association may not, at the

31  time of the initial recording of the declaration, contain any

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  provision with respect to allocation of the association's

 2  assets, liabilities, common surplus, or common expenses which

 3  is inconsistent with this chapter or the provisions of a

 4  declaration for any other condominium then being operated by

 5  the multicondominium association.

 6         (4)  This section does not prevent or restrict the

 7  formation of a multicondominium by the merger or consolidation

 8  of two or more condominium associations. Mergers or

 9  consolidations of associations shall be accomplished in

10  accordance with this chapter, the declarations of the

11  condominiums being merged or consolidated, and chapter 617.

12  Section 718.110(4) does not apply to amendments to

13  declarations necessary to effect a merger or consolidation.

14         Section 59.  Subsection (1) of section 718.5019,

15  Florida Statutes, is amended to read:

16         718.5019  Advisory council; membership; functions.--

17         (1)  There is created the Advisory Council on

18  Condominiums. The council shall consist of seven members. Two

19  shall be appointed by the Speaker of the House of

20  Representatives, two shall be appointed by the President of

21  the Senate, and three members shall be appointed by the

22  Governor. At least one member shall represent timeshare

23  condominiums. Members shall be appointed to 2-year terms. Each

24  member shall continue to serve until his or her replacement

25  has been appointed. In addition to these appointed members,

26  the director of the Division of Florida Land Sales,

27  Condominiums, and Mobile Homes shall serve as an ex officio

28  member of the council. It is the intent of the Legislature

29  that the appointments to this council be geographically

30  distributed across the state and represent a cross section of

31  persons interested in condominium issues and include

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  unit-owner and board representatives and a representative from

 2  at least one association with less than 100 units. For

 3  administrative purposes, the commission shall be located in

 4  the Division of Florida Land Sales, Condominiums, and Mobile

 5  Homes of the Department of Business and Professional

 6  Regulation. Members of the council shall serve without

 7  compensation, but shall be entitled to receive per diem and

 8  travel expenses pursuant to s. 112.061 while on official

 9  business.

10         Section 60.  Present subsections (15) through (27) of

11  section 718.504, Florida Statutes, are redesignated as

12  subsections (16) through (28), respectively, and a new

13  subsection (15) is added to that section, to read:

14         718.504  Prospectus or offering circular.--Every

15  developer of a residential condominium which contains more

16  than 20 residential units, or which is part of a group of

17  residential condominiums which will be served by property to

18  be used in common by unit owners of more than 20 residential

19  units, shall prepare a prospectus or offering circular and

20  file it with the Division of Florida Land Sales, Condominiums,

21  and Mobile Homes prior to entering into an enforceable

22  contract of purchase and sale of any unit or lease of a unit

23  for more than 5 years and shall furnish a copy of the

24  prospectus or offering circular to each buyer.  In addition to

25  the prospectus or offering circular, each buyer shall be

26  furnished a separate page entitled "Frequently Asked Questions

27  and Answers," which shall be in accordance with a format

28  approved by the division and a copy of the financial

29  information required by s. 718.111.  This page shall, in

30  readable language, inform prospective purchasers regarding

31  their voting rights and unit use restrictions, including

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  restrictions on the leasing of a unit; shall indicate whether

 2  and in what amount the unit owners or the association is

 3  obligated to pay rent or land use fees for recreational or

 4  other commonly used facilities; shall contain a statement

 5  identifying that amount of assessment which, pursuant to the

 6  budget, would be levied upon each unit type, exclusive of any

 7  special assessments, and which shall further identify the

 8  basis upon which assessments are levied, whether monthly,

 9  quarterly, or otherwise; shall state and identify any court

10  cases in which the association is currently a party of record

11  in which the association may face liability in excess of

12  $100,000; and which shall further state whether membership in

13  a recreational facilities association is mandatory, and if so,

14  shall identify the fees currently charged per unit type.  The

15  division shall by rule require such other disclosure as in its

16  judgment will assist prospective purchasers. The prospectus or

17  offering circular may include more than one condominium,

18  although not all such units are being offered for sale as of

19  the date of the prospectus or offering circular.  The

20  prospectus or offering circular must contain the following

21  information:

22         (15)  If the condominium is or may become part of a

23  multicondominium, the following information must be provided:

24         (a)  A statement in conspicuous type in substantially

25  the following form:  THIS CONDOMINIUM IS (MAY BE) PART OF A

26  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

27  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately

28  following this statement, the location in the prospectus or

29  offering circular and its exhibits where the multicondominium

30  aspects of the offering are described must be stated.

31         (b)  A summary of the provisions in the declaration,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1  articles of incorporation, and bylaws which establish and

 2  provide for the operation of the multicondominium, including a

 3  statement as to whether unit owners in the condominium will

 4  have the right to use recreational or other facilities located

 5  or planned to be located in other condominiums operated by the

 6  same association, and the manner of sharing the common

 7  expenses related to such facilities.

 8         (c)  A statement of the minimum and maximum number of

 9  condominiums, and the minimum and maximum number of units in

10  each of those condominiums, which will or may be operated by

11  the association, and the latest date by which the exact number

12  will be finally determined.

13         (d)  A statement as to whether any of the condominiums

14  in the multicondominium may include units intended to be used

15  for nonresidential purposes and the purpose or purposes

16  permitted for such use.

17         (e)  A general description of the location and

18  approximate acreage of any land on which any additional

19  condominiums to be operated by the association may be located.

20         Section 61.  Paragraph (j) of subsection (1) of section

21  718.501, Florida Statutes, is repealed.

22

23  (Redesignate subsequent sections.)

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, lines 2 and 3, delete those lines,

29

30  and insert:

31         An act relating to real property; amending s.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1         718.103, F.S.; revising definitions; providing

 2         an additional definition; amending s. 718.104,

 3         F.S.; providing additional requirements for a

 4         declaration of condominium; modifying time

 5         period for filing recorded documents; providing

 6         for determining the percentage share of

 7         liability for common expenses and ownership;

 8         amending s. 718.106, F.S.; providing for the

 9         right to assign exclusive use; providing for

10         the right to seek election; amending s.

11         718.110, F.S.; clarifying requirements for

12         amending and recording the declaration of

13         condominium; providing for determining the

14         percentage share of liability for common

15         expenses and ownership for purposes of

16         condominiums comprising a multicondominium

17         development; amending s. 718.111, F.S.;

18         clarifying an attorney-client privilege;

19         revising requirements for financial reporting;

20         authorizing certain financial statements in

21         lieu of reports; deleting requirements for

22         financial statements; revising certain

23         limitations on the commingling of funds

24         maintained in the name of a condominium

25         association or multicondominium; amending s.

26         718.112, F.S.; revising requirements for budget

27         meetings; requiring separate budgets for

28         condominiums and associations; providing

29         conditions under which a multicondominium

30         association may waive or reduce its funding of

31         reserves; amending s. 718.113, F.S.; providing

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1         certain limitations on making material

 2         alterations or additions to multicondominiums;

 3         providing a procedure for approving an

 4         alteration or addition if not provided for in

 5         the bylaws; revising requirements for

 6         condominium boards with respect to installing

 7         and maintaining hurricane shutters; specifying

 8         expenses that constitute common expenses of a

 9         multicondominium association; providing for an

10         association's bylaws to allow certain

11         educational expenses of the officers or

12         directors to be a permitted common expense;

13         amending s. 718.115, F.S.; providing for

14         determining the common surplus owned by a unit

15         owner of a multicondominium; amending s.

16         718.116, F.S.; revising circumstances under

17         which a developer may be excused from paying

18         certain common expenses and assessments;

19         providing for the developer's obligation for

20         such expenses with respect to a

21         multicondominium association; amending s.

22         718.117, F.S.; providing that certain

23         requirements governing the termination of a

24         condominium are inapplicable to the merger of a

25         condominium with one or more other

26         condominiums; amending s. 718.403, F.S.;

27         modifying time period for filing recorded

28         documents; creating s. 718.405, F.S.; providing

29         for the creation of multicondominiums;

30         providing requirements for the declaration of

31         condominium; providing for the merger or

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 593

    Amendment No.    





 1         consolidation of condominium associations;

 2         amending s. 718.5019, F.S.; providing for a

 3         member's continued service until a replacement

 4         has been appointed; amending s. 718.504, F.S.;

 5         providing requirements for the prospectus or

 6         offering circular for a condominium that is or

 7         may become part of a multicondominium; amending

 8         s. 721.13, F.S.; conforming a cross-reference;

 9         repealing s. 718.501(1)(j), F.S., relating to

10         uniform accounting principles, policies, and

11         standards required to be adopted by the

12         Division of Florida Land Sales, Condominiums,

13         and Mobile Homes of the Department of Business

14         and Professional Regulation; amending s.

15         719.103, F.S.; providing for

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