Amendment

Bill No. 1223

Amendment No. 860815

CHAMBER ACTION
Senate		House
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1	Representative Robaina offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause, and insert:
5	Section 1.  Paragraph (e) of subsection (12) of section
6	718.111, Florida Statutes, is amended to read:
7	718.111  The association.--
8	(12)  OFFICIAL RECORDS.--
9	(e)1.  The association or its authorized agent is shall not
10	be required to provide a prospective purchaser or lienholder
11	with information about the condominium or the association other
12	than information or documents required by this chapter to be
13	made available or disclosed. The association or its authorized
14	agent may shall be entitled to charge a reasonable fee to the
15	prospective purchaser, lienholder, or the current unit owner for
16	its time in providing good faith responses to requests for
17	information by or on behalf of a prospective purchaser or
18	lienholder, other than that required by law, if the provided
19	that such fee does shall not exceed $150 plus the reasonable
20	cost of photocopying and any attorney's fees incurred by the
21	association in connection with the association's response.
22	2.  An association and its authorized agent are not liable
23	for providing such information in good faith pursuant to a
24	written request if the person providing the information includes
25	a written statement in substantially the following form: "The
26	responses herein are made in good faith and to the best of my
27	ability as to their accuracy."
28	Section 2.  Subsection (2) of section 720.303, Florida
29	Statutes, is amended to read:
30	720.303  Association powers and duties; meetings of board;
31	official records; budgets; financial reporting.--
32	(2)  BOARD MEETINGS.--A meeting of the board of directors
33	of an association occurs whenever a quorum of the board gathers
34	to conduct association business.  All meetings of the board must
35	be open to all members except for meetings between the board and
36	its attorney with respect to proposed or pending litigation
37	where the contents of the discussion would otherwise be governed
38	by the attorney-client privilege.  Notices of all board meetings
39	must be posted in a conspicuous place in the community at least
40	48 hours in advance of a meeting, except in an emergency.  In
41	the alternative, if notice is not posted in a conspicuous place
42	in the community, notice of each board meeting must be mailed or
43	delivered to each member at least 7 days before the meeting,
44	except in an emergency. Notwithstanding this general notice
45	requirement, for communities with more than 100 members, the
46	bylaws may provide for a reasonable alternative to posting or
47	mailing of notice for each board meeting, including publication
48	of notice, provision of a schedule of board meetings, or the
49	conspicuous posting and repeated broadcasting of the notice on a
50	closed-circuit cable television system serving the homeowners'
51	association. However, if broadcast notice is used in lieu of a
52	notice posted physically in the community, the notice must be
53	broadcast at least four times every broadcast hour of each day
54	that a posted notice is otherwise required. When broadcast
55	notice is provided, the notice and agenda must be broadcast in a
56	manner and for a sufficient continuous length of time so as to
57	allow an average reader to observe the notice and read and
58	comprehend the entire content of the notice and the agenda. The
59	bylaws or amended bylaws may provide for giving notice by
60	electronic transmission in a manner authorized by law for
61	meetings of the board of directors, committee meetings requiring
62	notice under this section, and annual and special meetings of
63	the members; however, a member must consent in writing to
64	receiving notice by electronic transmission. An assessment may
65	not be levied at a board meeting unless a written the notice of
66	the meeting is provided to all members at least 14 days before
67	the meeting, which notice includes a statement that assessments
68	will be considered at the meeting and the nature of the
69	assessments. Rules that regulate the use of parcels in the
70	community may not be adopted, amended, or revoked at a board
71	meeting unless a written meeting notice is provided to all
72	members at least 14 days before the meeting, which notice
73	includes a statement that changes to the rules regarding the use
74	of parcels will be considered at the meeting. Directors may not
75	vote by proxy or by secret ballot at board meetings, except that
76	secret ballots may be used in the election of officers.  This
77	subsection also applies to the meetings of any committee or
78	other similar body, when a final decision will be made regarding
79	the expenditure of association funds, and to any body vested
80	with the power to approve or disapprove architectural decisions
81	with respect to a specific parcel of residential property owned
82	by a member of the community.
83	Section 3.  Subsection (3) of section 768.1325, Florida
84	Statutes, is amended, and subsection (6) is added to said
85	section, to read:
86	768.1325  Cardiac Arrest Survival Act; immunity from civil
87	liability.--
88	(3)  Notwithstanding any other provision of law to the
89	contrary, and except as provided in subsection (4), any person
90	who uses or attempts to use an automated external defibrillator
91	device on a victim of a perceived medical emergency, without
92	objection of the victim of the perceived medical emergency, is
93	immune from civil liability for any harm resulting from the use
94	or attempted use of such device.  In addition, any person who
95	acquired the device, including, but not limited to, a community
96	association organized under chapter 617, chapter 718, chapter
97	719, chapter 720, chapter 721, or chapter 723, is immune from
98	such liability, if the harm was not due to the failure of such
99	acquirer of the device to:
100	(a)  Notify the local emergency medical services medical
101	director of the most recent placement of the device within a
102	reasonable period of time after the device was placed;
103	(b)  Properly maintain and test the device; or
104	(c)  Provide appropriate training in the use of the device
105	to an employee or agent of the acquirer when the employee or
106	agent was the person who used the device on the victim, except
107	that such requirement of training does not apply if:
108	1.  The employee or agent was not an employee or agent who
109	would have been reasonably expected to use the device; or
110	2.  The period of time elapsing between the engagement of
111	the person as an employee or agent and the occurrence of the
112	harm, or between the acquisition of the device and the
113	occurrence of the harm in any case in which the device was
114	acquired after engagement of the employee or agent, was not a
115	reasonably sufficient period in which to provide the training.
116	(6)  An insurer may not require an acquirer of an automated
117	external defibrillator device which is a community association
118	organized under chapter 617, chapter 718, chapter 719, chapter
119	720, chapter 721, or chapter 723 to purchase medical malpractice
120	liability coverage as a condition of issuing any other coverage
121	carried by the association, and an insurer may not exclude
122	damages resulting from the use of an automated external
123	defibrillator device from coverage under a general liability
124	policy issued to an association.
125	Section 4.  Paragraphs (f) and (l) of subsection (2) of
126	section 718.112, Florida Statutes, are amended to read:
127	718.112  Bylaws.--
128	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
129	following and, if they do not do so, shall be deemed to include
130	the following:
131	(f)  Annual budget.--
132	1.  The proposed annual budget of common expenses shall be
133	detailed and shall show the amounts budgeted by accounts and
134	expense classifications, including, if applicable, but not
135	limited to, those expenses listed in s. 718.504(21). A
136	multicondominium association shall adopt a separate budget of
137	common expenses for each condominium the association operates
138	and shall adopt a separate budget of common expenses for the
139	association. In addition, if the association maintains limited
140	common elements with the cost to be shared only by those
141	entitled to use the limited common elements as provided for in
142	s. 718.113(1), the budget or a schedule attached thereto shall
143	show amounts budgeted therefor. If, after turnover of control of
144	the association to the unit owners, any of the expenses listed
145	in s. 718.504(21) are not applicable, they need not be listed.
146	2.  In addition to annual operating expenses, the budget
147	shall include reserve accounts for capital expenditures and
148	deferred maintenance. These accounts shall include, but are not
149	limited to, roof replacement, building painting, and pavement
150	resurfacing, regardless of the amount of deferred maintenance
151	expense or replacement cost, and for any other item for which
152	the deferred maintenance expense or replacement cost exceeds
153	$10,000. The amount to be reserved shall be computed by means of
154	a formula which is based upon estimated remaining useful life
155	and estimated replacement cost or deferred maintenance expense
156	of each reserve item.  The association may adjust replacement
157	reserve assessments annually to take into account any changes in
158	estimates or extension of the useful life of a reserve item
159	caused by deferred maintenance. This subsection does not apply
160	to an adopted budget in which the members of an association have
161	determined, by a majority vote at a duly called meeting of the
162	association, to provide no reserves or less reserves than
163	required by this subsection. However, prior to turnover of
164	control of an association by a developer to unit owners other
165	than a developer pursuant to s. 718.301, the developer may vote
166	to waive the reserves or reduce the funding of reserves for the
167	first 2 fiscal years of the association's operation, beginning
168	with the fiscal year in which the initial declaration is
169	recorded, after which time reserves may be waived or reduced
170	only upon the vote of a majority of all nondeveloper voting
171	interests voting in person or by limited proxy at a duly called
172	meeting of the association. If a meeting of the unit owners has
173	been called to determine whether to waive or reduce the funding
174	of reserves, and no such result is achieved or a quorum is not
175	attained, the reserves as included in the budget shall go into
176	effect. After the turnover, the developer may vote its voting
177	interest to waive or reduce the funding of reserves.
178	3.  Reserve funds and any interest accruing thereon shall
179	remain in the reserve account or accounts, and shall be used
180	only for authorized reserve expenditures unless their use for
181	other purposes is approved in advance by a majority vote at a
182	duly called meeting of the association. Prior to turnover of
183	control of an association by a developer to unit owners other
184	than the developer pursuant to s. 718.301, the developer-
185	controlled association shall not vote to use reserves for
186	purposes other than that for which they were intended without
187	the approval of a majority of all nondeveloper voting interests,
188	voting in person or by limited proxy at a duly called meeting of
189	the association.
190	4.  In a multicondominium association, The only voting
191	interests which are eligible to vote on questions that involve
192	waiving or reducing the funding of reserves, or using existing
193	reserve funds for purposes other than purposes for which the
194	reserves were intended, are the voting interests of the units
195	subject to assessment to fund the reserves in question.
196	(l)  Certificate of compliance.--There shall be a provision
197	that a certificate of compliance from a licensed electrical
198	contractor or electrician may be accepted by the association's
199	board as evidence of compliance of the condominium units with
200	the applicable fire and life safety code. Notwithstanding the
201	provisions of chapter 633 or of any other code, statute,
202	ordinance, administrative rule, or regulation, or any
203	interpretation of the foregoing, an association, condominium, or
204	unit owner is not obligated to retrofit the common elements or
205	units of a residential condominium with a fire sprinkler system
206	or other engineered lifesafety system in a building that has
207	been certified for occupancy by the applicable governmental
208	entity, if the unit owners have voted to forego such
209	retrofitting and engineered lifesafety system by the affirmative
210	vote of two-thirds of all voting interests in the affected
211	condominium. However, a condominium association may not vote to
212	forego the retrofitting with a fire sprinkler system of common
213	areas in a high-rise building. For purposes of this subsection,
214	the term "high-rise building" means a building that is greater
215	than 75 feet in height where the building height is measured
216	from the lowest level of fire department access to the floor of
217	the highest occupiable story. For purposes of this subsection,
218	the term "common areas" means any enclosed hallway, corridor,
219	lobby, stairwell, or entryway. In no event shall the local
220	authority having jurisdiction require completion of retrofitting
221	of common areas with a sprinkler system before the end of 2014.
222	1.  A vote to forego retrofitting may not be obtained by
223	general proxy or limited proxy or by a ballot, but shall be
224	obtained by a vote personally cast at a duly called membership
225	meeting, or by execution of a written consent by the member, and
226	shall be effective upon the recording of a certificate attesting
227	to such vote in the public records of the county where the
228	condominium is located. The association shall mail, hand
229	deliver, or electronically transmit to provide each unit owner
230	written notice at least 14 days prior to such membership meeting
231	in which of the vote to forego retrofitting of the required fire
232	sprinkler system is to take place, in at least 16-point bold
233	type, by certified mail, within 20 days after the association's
234	vote. Within 30 days after the association's opt-out vote,
235	notice of the results of the opt-out vote shall be mailed, hand
236	delivered, or electronically transmitted to all unit owners.
237	Evidence of compliance with this 30-day notice shall be made by
238	an affidavit executed by the person providing the notice and
239	filed among the official records of the association. After such
240	notice is provided to each owner, a copy of such notice shall be
241	provided by the current owner to a new owner prior to closing
242	and shall be provided by a unit owner to a renter prior to
243	signing a lease.
244	2.  As part of the information collected annually from
245	condominiums, the division shall require condominium
246	associations to report the membership vote and recording of a
247	certificate under this subsection and, if retrofitting has been
248	undertaken, the per-unit cost of such work. The division shall
249	annually report to the Division of State Fire Marshal of the
250	Department of Financial Services the number of condominiums that
251	have elected to forego retrofitting.
252	Section 5.  Paragraph (a) of subsection (5) of section
253	719.1055, Florida Statutes, is amended to read:
254	719.1055  Amendment of cooperative documents; alteration
255	and acquisition of property.--
256	(5)  Notwithstanding the provisions of chapter 633 or of
257	any other code, statute, ordinance, administrative rule, or
258	regulation, or any interpretation of the foregoing, a
259	cooperative or unit owner is not obligated to retrofit the
260	common elements or units of a residential cooperative with a
261	fire sprinkler system or other engineered life safety system in
262	a building that has been certified for occupancy by the
263	applicable governmental entity, if the unit owners have voted to
264	forego such retrofitting and engineered life safety system by
265	the affirmative vote of two-thirds of all voting interests in
266	the affected cooperative. However, a cooperative may not forego
267	the retrofitting with a fire sprinkler system of common areas in
268	a high-rise building. For purposes of this subsection, the term
269	"high-rise building" means a building that is greater than 75
270	feet in height where the building height is measured from the
271	lowest level of fire department access to the floor of the
272	highest occupiable story. For purposes of this subsection, the
273	term "common areas" means any enclosed hallway, corridor, lobby,
274	stairwell, or entryway. In no event shall the local authority
275	having jurisdiction require completion of retrofitting of common
276	areas with a sprinkler system before the end of 2014.
277	(a)  A vote to forego retrofitting may not be obtained by
278	general proxy or limited proxy or by a ballot, but shall be
279	obtained by a vote personally cast at a duly called membership
280	meeting, or by execution of a written consent by the member, and
281	shall be effective upon the recording of a certificate attesting
282	to such vote in the public records of the county where the
283	cooperative is located. The association shall mail, hand
284	deliver, or electronically transmit to provide each unit owner
285	written notice at least 14 days prior to such membership meeting
286	in which of the vote to forego retrofitting of the required fire
287	sprinkler system is to take place., in at least 16-point bold
288	type, by certified mail, within 20 days after the association's
289	vote. Within 30 days after the association's opt-out vote,
290	notice of the results of the opt-out vote shall be mailed, hand
291	delivered, or electronically transmitted to all unit owners.
292	Evidence of compliance with this 30 day notice shall be made by
293	an affidavit executed by the person providing the notice and
294	filed among the official records of the association. After such
295	notice is provided to each owner, a copy of such notice shall be
296	provided by the current owner to a new owner prior to closing
297	and shall be provided by a unit owner to a renter prior to
298	signing a lease.
299	Section 6.  Section 718.5011, Florida Statutes, is created
300	to read:
301	718.5011  Ombudsman; appointment; administration.--
302	(1)  There is created an Office of the Condominium
303	Ombudsman, to be located, for administrative purposes, within
304	the Division of Florida Land Sales, Condominiums, and Mobile
305	Homes. The functions of the office shall be funded by the
306	Division of Florida Land Sales, Condominiums, and Mobile Homes
307	Trust Fund. The ombudsman shall be a bureau chief of the
308	division and the office shall be set within the division in the
309	same manner as any other bureau is staffed and funded.
310	(2)  The Secretary of Business and Professional Regulation
311	shall appoint the ombudsman. The ombudsman must be an attorney
312	admitted to practice before the Florida Supreme Court and shall
313	serve at the pleasure of the secretary. A vacancy in the office
314	shall be filled in the same manner as the original appointment.
315	An officer or full-time employee of the ombudsman's office may
316	not actively engage in any other business or profession; serve
317	as the representative of any political party, executive
318	committee, or other governing body of a political party; serve
319	as an executive, officer, or employee of a political party;
320	receive remuneration for activities on behalf of any candidate
321	for public office; or engage in soliciting votes or other
322	activities on behalf of a candidate for public office. The
323	ombudsman or any employee of his or her office may not become a
324	candidate for election to public office unless he or she first
325	resigns from his or her office or employment.
326	Section 7.  Section 718.5012, Florida Statutes, is created
327	to read:
328	718.5012  Ombudsman; powers and duties.--The ombudsman
329	shall have the powers that are necessary to carry out the duties
330	of his or her office, including the following specific powers:
331	(1)  To have access to and use of all files and records of
332	the division.
333	(2)  To employ professional and clerical staff as necessary
334	for the efficient operation of the office.
335	(3)  To prepare and issue reports and recommendations to
336	the Governor, the department, the division, the Advisory Council
337	on Condominiums, the President of the Senate, and the Speaker of
338	the House of Representatives on any matter or subject within the
339	jurisdiction of the division. The ombudsman shall make
340	recommendations he or she deems appropriate for legislation
341	relative to division procedures, rules, jurisdiction, personnel,
342	and functions.
343	(4)  To act as liaison between the division, unit owners,
344	boards of directors, board members, community association
345	managers, and other affected parties. The ombudsman shall
346	develop policies and procedures to assist unit owners, boards of
347	directors, board members, community association managers, and
348	other affected parties to understand their rights and
349	responsibilities as set forth in this chapter and the
350	condominium documents governing their respective association.
351	The ombudsman shall coordinate and assist in the preparation and
352	adoption of educational and reference material, and shall
353	endeavor to coordinate with private or volunteer providers of
354	these services, so that the availability of these resources is
355	made known to the largest possible audience.
356	(5)  To monitor and review procedures and disputes
357	concerning condominium elections or meetings, including, but not
358	limited to, recommending that the division pursue enforcement
359	action in any manner where there is reasonable cause to believe
360	that election misconduct has occurred.
361	(6)  To make recommendations to the division for changes in
362	rules and procedures for the filing, investigation, and
363	resolution of complaints filed by unit owners, associations, and
364	managers.
365	(7)  To provide resources to assist members of boards of
366	directors and officers of associations to carry out their powers
367	and duties consistent with this chapter, division rules, and the
368	condominium documents governing the association.
369	(8)  To encourage and facilitate voluntary meetings with
370	and between unit owners, boards of directors, board members,
371	community association managers, and other affected parties when
372	the meetings may assist in resolving a dispute within a
373	community association before a person submits a dispute for a
374	formal or administrative remedy. It is the intent of the
375	Legislature that the ombudsman act as a neutral resource for
376	both the rights and responsibilities of unit owners,
377	associations, and board members.
378	Section 8.  Section 718.5014, Florida Statutes, is created
379	to read:
380	718.5014  Ombudsman location.--The ombudsman shall maintain
381	his or her principal office in Leon County on the premises of
382	the division or, if suitable space cannot be provided there, at
383	another place convenient to the offices of the division which
384	will enable the ombudsman to expeditiously carry out the duties
385	and functions of his or her office. The ombudsman may establish
386	branch offices elsewhere in the state upon the concurrence of
387	the secretary of the department.
388	Section 9.  Section 718.5015, Florida Statutes, is created
389	to read:
390	718.5015  Advisory council; membership functions.--
391	(1)  There is created the Advisory Council on Condominiums.
392	The council shall consist of seven appointed members. Two
393	members shall be appointed by the President of the Senate, two
394	members shall be appointed by the Speaker of the House of
395	Representatives, and three members shall be appointed by the
396	Governor. At least one member that is appointed by the Governor
397	shall represent timeshare condominiums. Members shall be
398	appointed to 2-year terms; however, one of the persons initially
399	appointed by the Governor, by the President of the Senate, and
400	by the Speaker of the House of Representatives shall be
401	appointed to a 1-year term. The director of the division shall
402	serve as an ex officio nonvoting member. The Legislature intends
403	that the persons appointed represent a cross-section of persons
404	interested in condominium issues. The council shall be located
405	within the division for administrative purposes. Members of the
406	council shall serve without compensation, but are entitled to
407	receive per diem and travel expenses pursuant to s. 112.061
408	while on official business.
409	(2)  The functions of the advisory council shall be to:
410	(a)  Receive, from the public, input regarding issues of
411	concern with respect to condominiums and recommendations for
412	changes in the condominium law. The issues that the council
413	shall consider include, but are not limited to, the rights and
414	responsibilities of the unit owners in relation to the rights
415	and responsibilities of the association.
416	(b)  Review, evaluate, and advise the division concerning
417	revisions and adoption of rules affecting condominiums.
418	(c)  Recommend improvements, if needed, in the education
419	programs offered by the division.
420	(3)  The council may elect a chair and vice chair and such
421	other officers as it may deem advisable. The council shall meet
422	at the call of its chair, at the request of a majority of its
423	membership, at the request of the division, or at such times as
424	it may prescribe. A majority of the members of the council shall
425	constitute a quorum. Council action may be taken by vote of a
426	majority of the voting members who are present at a meeting
427	where there is a quorum.
428	Section 10.  Subsection (2) of section 718.503, Florida
429	Statutes, is amended to read:
430	718.503  Developer disclosure prior to sale; nondeveloper
431	unit owner disclosure prior to sale; voidability.--
432	(2)  NONDEVELOPER DISCLOSURE.--
433	(a)  Each unit owner who is not a developer as defined by
434	this chapter shall comply with the provisions of this subsection
435	prior to the sale of his or her unit.  Each prospective
436	purchaser who has entered into a contract for the purchase of a
437	condominium unit is entitled, at the seller's expense, to a
438	current copy of the declaration of condominium, articles of
439	incorporation of the association, bylaws, and rules of the
440	association, and a copy of the financial information required by
441	s. 718.111, and the document entitled "Frequently Asked
442	Questions and Answers" required by s. 718.504.
443	(b)  If a person licensed under part I of chapter 475
444	provides to or otherwise obtains for a prospective purchaser the
445	documents described in this subsection, the person is not liable
446	for any error or inaccuracy contained in the documents.
447	(c)  Each contract entered into after July 1, 1992, for the
448	resale of a residential unit shall contain in conspicuous type
449	either:
450	1.  A clause which states:  THE BUYER HEREBY ACKNOWLEDGES
451	THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
452	OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
453	BYLAWS AND, RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
454	RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED
455	QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS, EXCLUDING
456	SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF
457	THIS CONTRACT; or
458	2.  A clause which states:  THIS AGREEMENT IS VOIDABLE BY
459	BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
460	CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
461	HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
462	BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
463	OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND, RULES OF
464	THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END
465	FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS
466	DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF
467	THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND
468	THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,
469	EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE
470	BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
471	BYLAWS, AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
472	RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED
473	QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED IN WRITING. BUYER'S
474	RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT CLOSING.
475
476	A contract that does not conform to the requirements of this
477	paragraph is voidable at the option of the purchaser prior to
478	closing.
479	Section 11.  Section 720.401, Florida Statutes, is created
480	to read:
481	720.401  Preservation of residential communities; revival
482	of declaration of covenants.--
483	(1)  Consistent with required and optional elements of
484	local comprehensive plans and other applicable provisions of the
485	Local Government Comprehensive Planning and Land Development
486	Regulation Act, homeowners are encouraged to preserve existing
487	residential communities, promote available and affordable
488	housing, protect structural and aesthetic elements of their
489	residential community, and, as applicable, maintain roads and
490	streets, easements, water and sewer systems, utilities, drainage
491	improvements, conservation and open areas, recreational
492	amenities, and other infrastructure and common areas that serve
493	and support the residential community by the revival of a
494	previous declaration of covenants and other governing documents
495	that may have ceased to govern some or all parcels in the
496	community.
497	(2)  In order to preserve a residential community and the
498	associated infrastructure and common areas for the purposes
499	described in this section, the parcel owners in a community that
500	was previously subject to a declaration of covenants that has
501	ceased to govern one or more parcels in the community may revive
502	the declaration and the homeowners' association for the
503	community upon approval by the parcel owners to be governed
504	thereby as provided in this act, and upon approval of the
505	declaration and the other governing documents for the
506	association by the Department of Community Affairs in a manner
507	consistent with this act.
508	Section 12.  Section 720.402, Florida Statutes, is created
509	to read:
510	720.402  Eligible residential communities; requirements for
511	revival of declaration.--Parcel owners in a community are
512	eligible to seek approval from the Department of Community
513	Affairs to revive a declaration of covenants under this act if
514	all of the following requirements are met:
515	(1)  All parcels to be governed by the revived declaration
516	must have been once governed by a previous declaration that has
517	ceased to govern some or all of the parcels in the community.
518	(2)  The revived declaration must be approved in the manner
519	provided in s. 720.403(6).
520	(3)  The revived declaration may not contain covenants that
521	are more restrictive on the parcel owners than the covenants
522	contained in the previous declaration, except that the
523	declaration may:
524	(a)  Have an effective term of longer duration than the
525	term of the previous declaration.
526	(b)  Omit restrictions contained in the previous
527	declaration.
528	(c)  Govern fewer than all of the parcels governed by the
529	previous declaration.
530	(d)  Provide for amendments to the declaration and other
531	governing documents.
532	(e)  Contain provisions required by this chapter for new
533	declarations that were not contained in the previous
534	declaration.
535	Section 13.  Section 720.403, Florida Statutes, is created
536	to read:
537	720.403  Organizing committee; parcel owner approval.--
538	(1)  The proposal to revive a declaration of covenants and
539	a homeowners' association for a community under the terms of
540	this act shall be initiated by an organizing committee
541	consisting of not less than three parcel owners located in the
542	community that is proposed to be governed by the revived
543	declaration. The name, address, and telephone number of each
544	member of the organizing committee must be included in any
545	notice or other document provided by the committee to parcel
546	owners to be affected by the proposed revived declaration.
547	(2)  The organizing committee shall prepare or cause to be
548	prepared the complete text of the proposed revised declaration
549	of covenants to be submitted to the parcel owners for approval.
550	The proposed revived documents must identify each parcel that is
551	to be subject to the governing documents by its legal
552	description, and by the name of the parcel owner or the person
553	in whose name the parcel is assessed on the last completed tax
554	assessment roll of the county at the time when the proposed
555	revived declaration is submitted for approval by the parcel
556	owners.
557	(3)  The organizing committee shall prepare the full text
558	of the proposed articles of incorporation and bylaws of the
559	revived homeowners' association to be submitted to the parcel
560	owners for approval, unless the association is then an existing
561	corporation, in which case the organizing committee shall
562	prepare the existing articles of incorporation and bylaws to be
563	submitted to the parcel owners.
564	(4)  The proposed revived declaration and other governing
565	documents for the community shall:
566	(a)  Provide that the voting interest of each parcel owner
567	shall be the same as the voting interest of the parcel owner
568	under the previous governing documents.
569	(b)  Provide that the proportional-assessment obligations
570	of each parcel owner shall be the same as proportional-
571	assessment obligations of the parcel owner under the previous
572	governing documents.
573	(c)  Contain the same respective amendment provisions as
574	the previous governing documents or, if there were no amendment
575	provisions in the previous governing document, amendment
576	provisions that require approval of not less than two-thirds of
577	the affected parcel owners.
578	(d)  Contain no covenants that are more restrictive on the
579	affected parcel owners than the covenants contained in the
580	previous governing documents, except as permitted under s.
581	720.402(3).
582	(e)  Comply with the other requirements for a declaration
583	of covenants and other governing documents as specified in this
584	chapter.
585	(5)  A copy of the complete text of the proposed revised
586	declaration of covenants, the proposed new or existing articles
587	of incorporation and bylaws of the homeowners' association, and
588	a graphic depiction of the property to be governed by the
589	revived declaration shall be presented to all of the affected
590	parcel owners by mail or hand delivery not less than 14 days
591	before the time that the consent of the affected parcel owners
592	to the proposed governing documents is sought by the organizing
593	committee.
594	(6)  A majority of the affected parcel owners must agree in
595	writing to the revived declaration of covenants and governing
596	documents of the homeowners' association or approve the revived
597	declaration and governing documents by a vote at a meeting of
598	the affected parcel owners noticed and conducted in the manner
599	prescribed by s. 720.306. Proof of notice of the meeting to all
600	affected owners of the meeting and the minutes of the meeting
601	recording the votes of the property owners shall be certified by
602	a court reporter or an attorney licensed to practice in the
603	state.
604	Section 14.  Section 720.404, Florida Statutes, is created
605	to read:
606	720.404  Department of Community Affairs; submission;
607	review and determination.--
608	(1)  No later than 60 days after the date the proposed
609	revived declaration and other governing documents are approved
610	by the affected parcel owners, the organizing committee or its
611	designee must submit the proposed revived governing documents
612	and supporting materials to the Department of Community Affairs
613	to review and determine whether to approve or disapprove of the
614	proposal to preserve the residential community. The submission
615	to the department must include:
616	(a)  The full text of the proposed revived declaration of
617	covenants and articles of incorporation and bylaws of the
618	homeowners' association.
619	(b)  A verified copy of the previous declaration of
620	covenants and other previous governing documents for the
621	community, including any amendments thereto.
622	(c)  The legal description of each parcel to be subject to
623	the revived declaration and other governing documents and a plat
624	or other graphic depiction of the affected properties in the
625	community.
626	(d)  A verified copy of the written consents of the
627	requisite number of the affected parcel owners approving the
628	revived declaration and other governing documents or, if
629	approval was obtained by a vote at a meeting of affected parcel
630	owners, verified copies of the notice of the meeting,
631	attendance, and voting results.
632	(e)  An affidavit by a current or former officer of the
633	association or by a member of the organizing committee verifying
634	that the requirements for the revived declaration set forth in
635	s. 720.402 have been satisfied.
636	(f)  Such other documentation that the organizing committee
637	believes is supportive of the policy of preserving the
638	residential community and operating, managing, and maintaining
639	the infrastructure, aesthetic character, and common areas
640	serving the residential community.
641	(2)  No later than 60 days after receiving the submission,
642	the department must determine whether the proposed revived
643	declaration of covenants and other governing documents comply
644	with the requirements of this act.
645	(a)  If the department determines that the proposed revived
646	declaration and other governing documents comply with the act
647	and have been approved by the parcel owners as required by this
648	act, the department shall notify the organizing committee in
649	writing of its approval.
650	(b)  If the department determines that the proposed revived
651	declaration and other governing documents do not comply with
652	this act or have not been approved as required by this act, the
653	department shall notify the organizing committee in writing that
654	it does not approve the governing documents and shall state the
655	reasons for the disapproval.
656	Section 15.  Section 720.405, Florida Statutes, is created
657	to read:
658	720.405  Recording; notice of recording; applicability and
659	effective date.--
660	(1)  No later than 30 days after receiving approval from
661	the department, the organizing committee shall file the articles
662	of incorporation of the association with the Division of
663	Corporations of the Department of State if the articles have not
664	been previously filed with the division.
665	(2)  No later than 30 days after receiving approval from
666	the division, the president and secretary of the association
667	shall execute the revived declaration and other governing
668	documents approved by the department in the name of the
669	association and have the documents recorded with the clerk of
670	the circuit court in the county where the affected parcels are
671	located.
672	(3)  The recorded documents shall include the full text of
673	the approved declaration of covenants, the articles of
674	incorporation and bylaws of the homeowners' association, the
675	letter of approval by the department, and the legal description
676	of each affected parcel of property. For purposes of chapter
677	712, the association is deemed to be and shall be indexed as the
678	grantee in a title transaction and the parcel owners named in
679	the revived declaration are deemed to be and shall be indexed as
680	the grantors in the title transaction.
681	(4)  Immediately after recording the documents, a complete
682	copy of all of the approved recorded documents must be mailed or
683	hand delivered to the owner of each affected parcel. The revived
684	declaration and other governing documents shall be effective
685	upon recordation in the public records with respect to each
686	affected parcel subject thereto, regardless of whether the
687	particular parcel owner approved the revived declaration. Upon
688	recordation, the revived declaration shall replace and supersede
689	the previous declaration with respect to all affected parcels
690	then governed by the previous declaration and shall have the
691	same record priority as the superseded previous declaration.
692	With respect to any affected parcels that had ceased to be
693	governed by the previous declaration as of the recording date,
694	the revived declaration may not have retroactive effect with
695	respect to the parcel and shall take priority with respect to
696	the parcel as of the recording date.
697	(5)  The owner of any parcel that has ceased to be governed
698	by a previous declaration of covenants as of July 1, 2004, may
699	commence an action within 1 year after that date for a judicial
700	determination that the previous declaration did not govern that
701	parcel as of July 1, 2004, and that any revival of such
702	declaration as to that parcel would unconstitutionally deprive
703	the parcel owner of rights or property. A revived declaration
704	that is implemented pursuant to this act shall not apply to or
705	affect the rights of the respective parcel owner recognized by a
706	court order or judgment in an action commenced within 1 year
707	after July 1, 2004, and any rights so recognized may not be
708	subsequently altered by a revived declaration implemented under
709	this act without the consent of the affected property owner.
710	Section 16.  Section 720.301, Florida Statutes, is amended
711	to read:
712	720.301  Definitions.--As used in this chapter ss. 720.301-
713	720.312, the term:
714	(1)  "Assessment" or "amenity fee" means a sum or sums of
715	money payable to the association, to the developer or other
716	owner of common areas, or to recreational facilities and other
717	properties serving the parcels by the owners of one or more
718	parcels as authorized in the governing documents, which if not
719	paid by the owner of a parcel, can result in a lien against the
720	parcel.
721	(2)  "Common area" means all real property within a
722	community which is owned or leased by an association or
723	dedicated for use or maintenance by the association or its
724	members, including, regardless of whether title has been
725	conveyed to the association:
726	(a)  Real property the use of which is dedicated to the
727	association or its members by a recorded plat; or
728	(b)  Real property committed by a declaration of covenants
729	to be leased or conveyed to the association.
730	(3)  "Community" means the real property that is or will be
731	subject to a declaration of covenants which is recorded in the
732	county where the property is located.  The term "community"
733	includes all real property, including undeveloped phases, that
734	is or was the subject of a development-of-regional-impact
735	development order, together with any approved modification
736	thereto.
737	(4)  "Declaration of covenants," or "declaration," means a
738	recorded written instrument in the nature of covenants running
739	with the land which subjects the land comprising the community
740	to the jurisdiction and control of an association or
741	associations in which the owners of the parcels, or their
742	association representatives, must be members.
743	(5)  "Department" means the Department of Business and
744	Professional Regulation.
745	(6)(5)  "Developer" means a person or entity that:
746	(a)  Creates the community served by the association; or
747	(b)  Succeeds to the rights and liabilities of the person
748	or entity that created the community served by the association,
749	provided that such is evidenced in writing.
750	(7)  "Division" means the Division of Florida Land Sales,
751	Condominiums, and Mobile Homes in the Department of Business and
752	Professional Regulation.
753	(8)(6)  "Governing documents" means:
754	(a)  The recorded declaration of covenants for a community,
755	and all duly adopted and recorded amendments, supplements, and
756	recorded exhibits thereto; and
757	(b)  The articles of incorporation and bylaws of the
758	homeowners' association, and any duly adopted amendments
759	thereto.
760	(9)(7)  "Homeowners' association" or "association" means a
761	Florida corporation responsible for the operation of a community
762	or a mobile home subdivision in which the voting membership is
763	made up of parcel owners or their agents, or a combination
764	thereof, and in which membership is a mandatory condition of
765	parcel ownership, and which is authorized to impose assessments
766	that, if unpaid, may become a lien on the parcel.  The term
767	"homeowners' association" does not include a community
768	development district or other similar special taxing district
769	created pursuant to statute.
770	(10)(8)  "Member" means a member of an association, and may
771	include, but is not limited to, a parcel owner or an association
772	representing parcel owners or a combination thereof, and
773	includes any person or entity obligated by the governing
774	documents to pay an assessment or amenity fee.
775	(11)(9)  "Parcel" means a platted or unplatted lot, tract,
776	unit, or other subdivision of real property within a community,
777	as described in the declaration:
778	(a)  Which is capable of separate conveyance; and
779	(b)  Of which the parcel owner, or an association in which
780	the parcel owner must be a member, is obligated:
781	1.  By the governing documents to be a member of an
782	association that serves the community; and
783	2.  To pay to the homeowners' association assessments that,
784	if not paid, may result in a lien.
785	(12)(10)  "Parcel owner" means the record owner of legal
786	title to a parcel.
787	(13)(11)  "Voting interest" means the voting rights
788	distributed to the members of the homeowners' association,
789	pursuant to the governing documents.
790	Section 17.  Subsections (1), (2), (3), and (4) of section
791	720.302, Florida Statutes, are amended to read:
792	720.302  Purposes, scope, and application.--
793	(1)  The purposes of this chapter ss. 720.301-720.312 are
794	to give statutory recognition to corporations not for profit
795	that operate residential communities in this state, to provide
796	procedures for operating homeowners' associations, and to
797	protect the rights of association members without unduly
798	impairing the ability of such associations to perform their
799	functions.
800	(2)  The Legislature recognizes that it is not in the best
801	interest of homeowners' associations or the individual
802	association members thereof to create or impose a bureau or
803	other agency of state government to regulate the affairs of
804	homeowners' associations. However, in accordance with s.
805	720.311, the Legislature finds that homeowners' associations and
806	their individual members will benefit from an expedited
807	alternative process for resolution of election and recall
808	disputes and presuit mediation of other disputes involving
809	covenant enforcement and authorizes the department to hear,
810	administer, and determine these disputes as more fully set forth
811	in this chapter. Further, the Legislature recognizes that
812	certain contract rights have been created for the benefit of
813	homeowners' associations and members thereof before the
814	effective date of this act and that ss. 720.301-720.501 ss.
815	720.301-720.312 are not intended to impair such contract rights,
816	including, but not limited to, the rights of the developer to
817	complete the community as initially contemplated.
818	(3)  This chapter does Sections 720.301-720.312 do not
819	apply to:
820	(a)  A community that is composed of property primarily
821	intended for commercial, industrial, or other nonresidential
822	use; or
823	(b)  The commercial or industrial parcels in a community
824	that contains both residential parcels and parcels intended for
825	commercial or industrial use.
826	(4)  This chapter does Sections 720.301-720.312 do not
827	apply to any association that is subject to regulation under
828	chapter 718, chapter 719, or chapter 721; or to any nonmandatory
829	association formed under chapter 723.
830	Section 18.  Section 720.303, Florida Statutes, is amended
831	to read:
832	720.303  Association powers and duties; meetings of board;
833	official records; budgets; financial reporting; association
834	funds; recalls.--
835	(1)  POWERS AND DUTIES.--An association which operates a
836	community as defined in s. 720.301, must be operated by an
837	association that is a Florida corporation. After October 1,
838	1995, the association must be incorporated and the initial
839	governing documents must be recorded in the official records of
840	the county in which the community is located. An association may
841	operate more than one community. The officers and directors of
842	an association have a fiduciary relationship to the members who
843	are served by the association. The powers and duties of an
844	association include those set forth in this chapter and, except
845	as expressly limited or restricted in this chapter, those set
846	forth in the governing documents. After control of the
847	association is obtained by members unit owners other than the
848	developer, the association may institute, maintain, settle, or
849	appeal actions or hearings in its name on behalf of all members
850	concerning matters of common interest to the members, including,
851	but not limited to, the common areas; roof or structural
852	components of a building, or other improvements for which the
853	association is responsible; mechanical, electrical, or plumbing
854	elements serving an improvement or building for which the
855	association is responsible; representations of the developer
856	pertaining to any existing or proposed commonly used facility;
857	and protesting ad valorem taxes on commonly used facilities. The
858	association may defend actions in eminent domain or bring
859	inverse condemnation actions. Before commencing litigation
860	against any party in the name of the association involving
861	amounts in controversy in excess of $100,000, the association
862	must obtain the affirmative approval of a majority of the voting
863	interests at a meeting of the membership at which a quorum has
864	been attained. This subsection does not limit any statutory or
865	common-law right of any individual member or class of members to
866	bring any action without participation by the association. A
867	member does not have authority to act for the association by
868	virtue of being a member. An association may have more than one
869	class of members and may issue membership certificates. An
870	association of 15 or fewer parcel owners may enforce only the
871	requirements of those deed restrictions established prior to the
872	purchase of each parcel upon an affected parcel owner or owners.
873	(2)  BOARD MEETINGS.--
874	(a)  A meeting of the board of directors of an association
875	occurs whenever a quorum of the board gathers to conduct
876	association business.  All meetings of the board must be open to
877	all members except for meetings between the board and its
878	attorney with respect to proposed or pending litigation where
879	the contents of the discussion would otherwise be governed by
880	the attorney-client privilege.
881	(b)  Members have the right to attend all meetings of the
882	board and to speak on any matter placed on the agenda by
883	petition of the voting interests for at least 3 minutes. The
884	association may adopt written reasonable rules expanding the
885	right of members to speak and governing the frequency, duration,
886	and other manner of member statements, which rules must be
887	consistent with this paragraph and may include a sign-up sheet
888	for members wishing to speak. Notwithstanding any other law, the
889	requirement that board meetings and committee meetings be open
890	to the members is inapplicable to meetings between the board or
891	a committee and the association's attorney, with respect to
892	meetings of the board held for the purpose of discussing
893	personnel matters.
894	(c)  The bylaws shall provide for giving notice to parcel
895	owners and members of all board meetings and, if they do not do
896	so, shall be deemed to provide the following:
897	1.  Notices of all board meetings must be posted in a
898	conspicuous place in the community at least 48 hours in advance
899	of a meeting, except in an emergency.  In the alternative, if
900	notice is not posted in a conspicuous place in the community,
901	notice of each board meeting must be mailed or delivered to each
902	member at least 7 days before the meeting, except in an
903	emergency. Notwithstanding this general notice requirement, for
904	communities with more than 100 members, the bylaws may provide
905	for a reasonable alternative to posting or mailing of notice for
906	each board meeting, including publication of notice, provision
907	of a schedule of board meetings, or the conspicuous posting and
908	repeated broadcasting of the notice on a closed-circuit cable
909	television system serving the homeowners' association. However,
910	if broadcast notice is used in lieu of a notice posted
911	physically in the community, the notice must be broadcast at
912	least four times every broadcast hour of each day that a posted
913	notice is otherwise required. When broadcast notice is provided,
914	the notice and agenda must be broadcast in a manner and for a
915	sufficient continuous length of time so as to allow an average
916	reader to observe the notice and read and comprehend the entire
917	content of the notice and the agenda. The bylaws or amended
918	bylaws may provide for giving notice by electronic transmission
919	in a manner authorized by law for meetings of the board of
920	directors, committee meetings requiring notice under this
921	section, and annual and special meetings of the members;
922	however, a member must consent in writing to receiving notice by
923	electronic transmission.
924	2.  An assessment may not be levied at a board meeting
925	unless the notice of the meeting includes a statement that
926	assessments will be considered and the nature of the
927	assessments. Written notice of any meeting at which special
928	assessments will be considered or at which amendments to rules
929	regarding parcel use will be considered must be mailed, hand
930	delivered, or electronically transmitted to the members and
931	parcel owners and posted conspicuously on the property or
932	broadcast on closed-circuit cable television not less than 14
933	days before the meeting.
934	3.  Directors may not vote by proxy or by secret ballot at
935	board meetings, except that secret ballots may be used in the
936	election of officers.  This subsection also applies to the
937	meetings of any committee or other similar body, when a final
938	decision will be made regarding the expenditure of association
939	funds, and to any body vested with the power to approve or
940	disapprove architectural decisions with respect to a specific
941	parcel of residential property owned by a member of the
942	community.
943	(d)  If 20 percent of the total voting interests petition
944	the board to address an item of business, the board shall at its
945	next regular board meeting or at a special meeting of the board,
946	but not later than 60 days after the receipt of the petition,
947	take the petitioned item up on an agenda. The board shall give
948	all members notice of the meeting at which the petitioned item
949	shall be addressed in accordance with the 14-day notice
950	requirement pursuant to subparagraph 2. Each member shall have
951	the right to speak for at least 3 minutes on each matter placed
952	on the agenda by petition, provided that the member signs the
953	sign-up sheet, if one is provided, or submits a written request
954	to speak prior to the meeting. Other than addressing the
955	petitioned item at the meeting, the board is not obligated to
956	take any other action requested by the petition.
957	(3)  MINUTES.--Minutes of all meetings of the members of an
958	association and of the board of directors of an association must
959	be maintained in written form or in another form that can be
960	converted into written form within a reasonable time.  A vote or
961	abstention from voting on each matter voted upon for each
962	director present at a board meeting must be recorded in the
963	minutes.
964	(4)  OFFICIAL RECORDS.--The association shall maintain each
965	of the following items, when applicable, which constitute the
966	official records of the association:
967	(a)  Copies of any plans, specifications, permits, and
968	warranties related to improvements constructed on the common
969	areas or other property that the association is obligated to
970	maintain, repair, or replace.
971	(b)  A copy of the bylaws of the association and of each
972	amendment to the bylaws.
973	(c)  A copy of the articles of incorporation of the
974	association and of each amendment thereto.
975	(d)  A copy of the declaration of covenants and a copy of
976	each amendment thereto.
977	(e)  A copy of the current rules of the homeowners'
978	association.
979	(f)  The minutes of all meetings of the board of directors
980	and of the members, which minutes must be retained for at least
981	7 years.
982	(g)  A current roster of all members and their mailing
983	addresses and parcel identifications. The association shall also
984	maintain the electronic mailing addresses and the numbers
985	designated by members for receiving notice sent by electronic
986	transmission of those members consenting to receive notice by
987	electronic transmission. The electronic mailing addresses and
988	numbers provided by unit owners to receive notice by electronic
989	transmission shall be removed from association records when
990	consent to receive notice by electronic transmission is revoked.
991	However, the association is not liable for an erroneous
992	disclosure of the electronic mail address or the number for
993	receiving electronic transmission of notices.
994	(h)  All of the association's insurance policies or a copy
995	thereof, which policies must be retained for at least 7 years.
996	(i)  A current copy of all contracts to which the
997	association is a party, including, without limitation, any
998	management agreement, lease, or other contract under which the
999	association has any obligation or responsibility.  Bids received
1000	by the association for work to be performed must also be
1001	considered official records and must be kept for a period of 1
1002	year.
1003	(j)  The financial and accounting records of the
1004	association, kept according to good accounting practices.  All
1005	financial and accounting records must be maintained for a period
1006	of at least 7 years.  The financial and accounting records must
1007	include:
1008	1.  Accurate, itemized, and detailed records of all
1009	receipts and expenditures.
1010	2.  A current account and a periodic statement of the
1011	account for each member, designating the name and current
1012	address of each member who is obligated to pay assessments, the
1013	due date and amount of each assessment or other charge against
1014	the member, the date and amount of each payment on the account,
1015	and the balance due.
1016	3.  All tax returns, financial statements, and financial
1017	reports of the association.
1018	4.  Any other records that identify, measure, record, or
1019	communicate financial information.
1020	(k)  A copy of the disclosure summary described in s.
1021	720.401(2).
1022	(l)  All other written records of the association not
1023	specifically included in the foregoing which are related to the
1024	operation of the association.
1025	(5)  INSPECTION AND COPYING OF RECORDS.--The official
1026	records shall be maintained within the state and must be open to
1027	inspection and available for photocopying by members or their
1028	authorized agents at reasonable times and places within 10
1029	business days after receipt of a written request for access.
1030	This subsection may be complied with by having a copy of the
1031	official records available for inspection or copying in the
1032	community. If the association has a photocopy machine available
1033	where the records are maintained, it must provide parcel owners
1034	with copies on request during the inspection if the entire
1035	request is limited to no more than 25 pages.
1036	(a)  The failure of an association to provide access to the
1037	records within 10 business days after receipt of a written
1038	request creates a rebuttable presumption that the association
1039	willfully failed to comply with this subsection.
1040	(b)  A member who is denied access to official records is
1041	entitled to the actual damages or minimum damages for the
1042	association's willful failure to comply with this subsection.
1043	The minimum damages are to be $50 per calendar day up to 10
1044	days, the calculation to begin on the 11th business day after
1045	receipt of the written request.
1046	(c)  The association may adopt reasonable written rules
1047	governing the frequency, time, location, notice, records to be
1048	inspected, and manner of inspections, but may not impose a
1049	requirement that a parcel owner demonstrate any proper purpose
1050	for the inspection, state any reason for the inspection, or
1051	limit a parcel owner's right to inspect records to less than one
1052	8-hour business day per month. The association and may impose
1053	fees to cover the costs of providing copies of the official
1054	records, including, without limitation, the costs of copying.
1055	The association may charge up to 50 cents per page for copies
1056	made on the association's photocopier. If the association does
1057	not have a photocopy machine available where the records are
1058	kept, or if the records requested to be copied exceed 25 pages
1059	in length, the association may have copies made by an outside
1060	vendor and may charge the actual cost of copying. The
1061	association shall maintain an adequate number of copies of the
1062	recorded governing documents, to ensure their availability to
1063	members and prospective members, and may charge only its actual
1064	costs for reproducing and furnishing these documents to those
1065	persons who are entitled to receive them. Notwithstanding the
1066	provisions of this paragraph, the following records shall not be
1067	accessible to members or parcel owners:
1068	1.  Any record protected by the lawyer-client privilege as
1069	described in s. 90.502 and any record protected by the work-
1070	product privilege, including, but not limited to, any record
1071	prepared by an association attorney or prepared at the
1072	attorney's express direction which reflects a mental impression,
1073	conclusion, litigation strategy, or legal theory of the attorney
1074	or the association and was prepared exclusively for civil or
1075	criminal litigation or for adversarial administrative
1076	proceedings or which was prepared in anticipation of imminent
1077	civil or criminal litigation or imminent adversarial
1078	administrative proceedings until the conclusion of the
1079	litigation or adversarial administrative proceedings.
1080	2.  Information obtained by an association in connection
1081	with the approval of the lease, sale, or other transfer of a
1082	parcel.
1083	3.  Disciplinary, health, insurance, and personnel records
1084	of the association's employees.
1085	4.  Medical records of parcel owners or community
1086	residents.
1087	(6)  BUDGETS.--The association shall prepare an annual
1088	budget. The budget must reflect the estimated revenues and
1089	expenses for that year and the estimated surplus or deficit as
1090	of the end of the current year.  The budget must set out
1091	separately all fees or charges for recreational amenities,
1092	whether owned by the association, the developer, or another
1093	person.  The association shall provide each member with a copy
1094	of the annual budget or a written notice that a copy of the
1095	budget is available upon request at no charge to the member.
1096	The copy must be provided to the member within the time limits
1097	set forth in subsection (5).
1098	(7)  FINANCIAL REPORTING.--The association shall prepare an
1099	annual financial report within 60 days after the close of the
1100	fiscal year. The association shall, within the time limits set
1101	forth in subsection (5), provide each member with a copy of the
1102	annual financial report or a written notice that a copy of the
1103	financial report is available upon request at no charge to the
1104	member. Financial reports shall be prepared as follows The
1105	financial report must consist of either:
1106	(a)  An association that meets the criteria of this
1107	paragraph shall prepare or cause to be prepared a complete set
1108	of financial statements in accordance with generally accepted
1109	accounting principles. The financial statements shall be based
1110	upon the association's total annual revenues, as follows:
1111	1.  An association with total annual revenues of $100,000
1112	or more, but less than $200,000, shall prepare compiled
1113	financial statements.
1114	2.  An association with total annual revenues of at least
1115	$200,000, but less than $400,000, shall prepare reviewed
1116	financial statements.
1117	3.  An association with total annual revenues of $400,000
1118	or more shall prepare audited financial statements. Financial
1119	statements presented in conformity with generally accepted
1120	accounting principles; or
1121	(b)  A financial report of actual receipts and
1122	expenditures, cash basis, which report must show:
1123	1.  An association with total annual revenues of less than
1124	$100,000 shall prepare a report of cash receipts and
1125	expenditures. The amount of receipts and expenditures by
1126	classification; and
1127	2.  An association in a community of fewer than 50 parcels,
1128	regardless of the association's annual revenues, may prepare a
1129	report of cash receipts and expenditures in lieu of financial
1130	statements required by paragraph (a) unless the governing
1131	documents provide otherwise. The beginning and ending cash
1132	balances of the association.
1133	3.  A report of cash receipts and disbursement must
1134	disclose the amount of receipts by accounts and receipt
1135	classifications and the amount of expenses by accounts and
1136	expense classifications, including, but not limited to, the
1137	following, as applicable: costs for security, professional, and
1138	management fees and expenses; taxes; costs for recreation
1139	facilities; expenses for refuse collection and utility services;
1140	expenses for lawn care; costs for building maintenance and
1141	repair; insurance costs; administration and salary expenses; and
1142	reserves if maintained by the association.
1143	(c)  If 20 percent of the parcel owners petition the board
1144	for a level of financial reporting higher than that required by
1145	this section, the association shall duly notice and hold a
1146	meeting of members within 30 days of receipt of the petition for
1147	the purpose of voting on raising the level of reporting for that
1148	fiscal year. Upon approval of a majority of the total voting
1149	interests of the parcel owners, the association shall prepare or
1150	cause to be prepared, shall amend the budget or adopt a special
1151	assessment to pay for the financial report regardless of any
1152	provision to the contrary in the governing documents, and shall
1153	provide within 90 days of the meeting or the end of the fiscal
1154	year, whichever occurs later:
1155	1.  Compiled, reviewed, or audited financial statements, if
1156	the association is otherwise required to prepare a report of
1157	cash receipts and expenditures;
1158	2.  Reviewed or audited financial statements, if the
1159	association is otherwise required to prepare compiled financial
1160	statements; or
1161	3.  Audited financial statements if the association is
1162	otherwise required to prepare reviewed financial statements.
1163	(d)  If approved by a majority of the voting interests
1164	present at a properly called meeting of the association, an
1165	association may prepare or cause to be prepared:
1166	1.  A report of cash receipts and expenditures in lieu of a
1167	compiled, reviewed, or audited financial statement;
1168	2.  A report of cash receipts and expenditures or a
1169	compiled financial statement in lieu of a reviewed or audited
1170	financial statement; or
1171	3.  A report of cash receipts and expenditures, a compiled
1172	financial statement, or a reviewed financial statement in lieu
1173	of an audited financial statement.
1174	(8)  ASSOCIATION FUNDS; COMMINGLING.--
1175	(a)  All association funds held by a developer shall be
1176	maintained separately in the association's name. Reserve and
1177	operating funds of the association shall not be commingled prior
1178	to turnover except the association may jointly invest reserve
1179	funds; however, such jointly invested funds must be accounted
1180	for separately.
1181	(b)  No developer in control of a homeowners' association
1182	shall commingle any association funds with his or her funds or
1183	with the funds of any other homeowners' association or community
1184	association.
1185	(c)  Association funds may not be used by a developer to
1186	defend a civil or criminal action, administrative proceeding, or
1187	arbitration proceeding that has been filed against the developer
1188	or directors appointed to the association board by the
1189	developer, even when the subject of the action or proceeding
1190	concerns the operation of the developer-controlled association.
1191	(9)  APPLICABILITY.--Sections 617.1601-617.1604 do not
1192	apply to a homeowners' association in which the members have the
1193	inspection and copying rights set forth in this section.
1194	(10)  RECALL OF DIRECTORS.--
1195	(a)1.  Regardless of any provision to the contrary
1196	contained in the governing documents, subject to the provisions
1197	of s. 720.307 regarding transition of association control, any
1198	member of the board or directors may be recalled and removed
1199	from office with or without cause by a majority of the total
1200	voting interests.
1201	2.  When the governing documents, including the
1202	declaration, articles of incorporation, or bylaws, provide that
1203	only a specific class of members is entitled to elect a board
1204	director or directors, only that class of members may vote to
1205	recall those board directors so elected.
1206	(b)1.  Board directors may be recalled by an agreement in
1207	writing or by written ballot without a membership meeting. The
1208	agreement in writing or the written ballots, or a copy thereof,
1209	shall be served on the association by certified mail or by
1210	personal service in the manner authorized by chapter 48 and the
1211	Florida Rules of Civil Procedure.
1212	2.  The board shall duly notice and hold a meeting of the
1213	board within 5 full business days after receipt of the agreement
1214	in writing or written ballots. At the meeting, the board shall
1215	either certify the written ballots or written agreement to
1216	recall a director or directors of the board, in which case such
1217	director or directors shall be recalled effective immediately
1218	and shall turn over to the board within 5 full business days any
1219	and all records and property of the association in their
1220	possession, or proceed as described in paragraph (d).
1221	3.  When it is determined by the department pursuant to
1222	binding arbitration proceedings that an initial recall effort
1223	was defective, written recall agreements or written ballots used
1224	in the first recall effort and not found to be defective may be
1225	reused in one subsequent recall effort. However, in no event is
1226	a written agreement or written ballot valid for more than 120
1227	days after it has been signed by the member.
1228	4.  Any rescission or revocation of a member's written
1229	recall ballot or agreement must be in writing and, in order to
1230	be effective, must be delivered to the association before the
1231	association is served with the written recall agreements or
1232	ballots.
1233	5.  The agreement in writing or ballot shall list at least
1234	as many possible replacement directors as there are directors
1235	subject to the recall, when at least a majority of the board is
1236	sought to be recalled; the person executing the recall
1237	instrument may vote for as many replacement candidates as there
1238	are directors subject to the recall.
1239	(c)1.  If the declaration, articles of incorporation, or
1240	bylaws specifically provide, the members may also recall and
1241	remove a board director or directors by a vote taken at a
1242	meeting. If so provided in the governing documents, a special
1243	meeting of the members to recall a director or directors of the
1244	board of administration may be called by 10 percent of the
1245	voting interests giving notice of the meeting as required for a
1246	meeting of members, and the notice shall state the purpose of
1247	the meeting. Electronic transmission may not be used as a method
1248	of giving notice of a meeting called in whole or in part for
1249	this purpose.
1250	2.  The board shall duly notice and hold a board meeting
1251	within 5 full business days after the adjournment of the member
1252	meeting to recall one or more directors. At the meeting, the
1253	board shall certify the recall, in which case such member or
1254	members shall be recalled effective immediately and shall turn
1255	over to the board within 5 full business days any and all
1256	records and property of the association in their possession, or
1257	shall proceed as set forth in subparagraph (d).
1258	(d)  If the board determines not to certify the written
1259	agreement or written ballots to recall a director or directors
1260	of the board or does not certify the recall by a vote at a
1261	meeting, the board shall, within 5 full business days after the
1262	meeting, file with the department a petition for binding
1263	arbitration pursuant to the applicable procedures in ss.
1264	718.1255 and 718.112(2)(j) and the rules adopted thereunder. For
1265	the purposes of this section, the members who voted at the
1266	meeting or who executed the agreement in writing shall
1267	constitute one party under the petition for arbitration. If the
1268	arbitrator certifies the recall as to any director or directors
1269	of the board, the recall will be effective upon mailing of the
1270	final order of arbitration to the association. The director or
1271	directors so recalled shall deliver to the board any and all
1272	records of the association in their possession within 5 full
1273	business days after the effective date of the recall.
1274	(e)  If a vacancy occurs on the board as a result of a
1275	recall and less than a majority of the board directors are
1276	removed, the vacancy may be filled by the affirmative vote of a
1277	majority of the remaining directors, notwithstanding any
1278	provision to the contrary contained in this subsection or in the
1279	association documents. If vacancies occur on the board as a
1280	result of a recall and a majority or more of the board directors
1281	are removed, the vacancies shall be filled by members voting in
1282	favor of the recall; if removal is at a meeting, any vacancies
1283	shall be filled by the members at the meeting. If the recall
1284	occurred by agreement in writing or by written ballot, members
1285	may vote for replacement directors in the same instrument in
1286	accordance with procedural rules adopted by the division, which
1287	rules need not be consistent with this subsection.
1288	(f)  If the board fails to duly notice and hold a board
1289	meeting within 5 full business days after service of an
1290	agreement in writing or within 5 full business days after the
1291	adjournment of the member recall meeting, the recall shall be
1292	deemed effective and the board directors so recalled shall
1293	immediately turn over to the board all records and property of
1294	the association.
1295	(g)  If a director who is removed fails to relinquish his
1296	or her office or turn over records as required under this
1297	section, the circuit court in the county where the association
1298	maintains its principal office may, upon the petition of the
1299	association, summarily order the director to relinquish his or
1300	her office and turn over all association records upon
1301	application of the association.
1302	(h)  The minutes of the board meeting at which the board
1303	decides whether to certify the recall are an official
1304	association record. The minutes must record the date and time of
1305	the meeting, the decision of the board, and the vote count taken
1306	on each board member subject to the recall. In addition, when
1307	the board decides not to certify the recall, as to each vote
1308	rejected, the minutes must identify the parcel number and the
1309	specific reason for each such rejection.
1310	(i)  When the recall of more than one board director is
1311	sought, the written agreement, ballot, or vote at a meeting
1312	shall provide for a separate vote for each board director sought
1313	to be recalled.
1314	Section 19.  Section 720.304, Florida Statutes, is amended
1315	to read:
1316	720.304  Right of owners to peaceably assemble; display of
1317	flag; SLAPP suits prohibited.--
1318	(1)  All common areas and recreational facilities serving
1319	any homeowners' association shall be available to parcel owners
1320	in the homeowners' association served thereby and their invited
1321	guests for the use intended for such common areas and
1322	recreational facilities.  The entity or entities responsible for
1323	the operation of the common areas and recreational facilities
1324	may adopt reasonable rules and regulations pertaining to the use
1325	of such common areas and recreational facilities.  No entity or
1326	entities shall unreasonably restrict any parcel owner's right to
1327	peaceably assemble or right to invite public officers or
1328	candidates for public office to appear and speak in common areas
1329	and recreational facilities.
1330	(2)  Any homeowner may display one portable, removable
1331	United States flag or official flag of the State of Florida in a
1332	respectful manner, and on Armed Forces Day, Memorial Day, Flag
1333	Day, Independence Day, and Veterans Day may display in a
1334	respectful manner portable, removable official flags, not larger
1335	than 4 1/2 feet by 6 feet, which represents the United States
1336	Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless
1337	of any declaration rules or requirements dealing with flags or
1338	decorations.
1339	(3)  Any owner prevented from exercising rights guaranteed
1340	by subsection (1) or subsection (2) may bring an action in the
1341	appropriate court of the county in which the alleged
1342	infringement occurred, and, upon favorable adjudication, the
1343	court shall enjoin the enforcement of any provision contained in
1344	any homeowners' association document or rule that operates to
1345	deprive the owner of such rights.
1346	(4)  It is the intent of the Legislature to protect the
1347	right of parcel owners to exercise their rights to instruct
1348	their representatives and petition for redress of grievances
1349	before the various governmental entities of this state as
1350	protected by the First Amendment to the United States
1351	Constitution and s. 5, Art. I of the State Constitution. The
1352	Legislature recognizes that "Strategic Lawsuits Against Public
1353	Participation" or "SLAPP" suits, as they are typically called,
1354	have occurred when members are sued by individuals, business
1355	entities, or governmental entities arising out of a parcel
1356	owner's appearance and presentation before a governmental entity
1357	on matters related to the homeowners' association. However, it
1358	is the public policy of this state that government entities,
1359	business organizations, and individuals not engage in SLAPP
1360	suits because such actions are inconsistent with the right of
1361	parcel owners to participate in the state's institutions of
1362	government. Therefore, the Legislature finds and declares that
1363	prohibiting such lawsuits by governmental entities, business
1364	entities, and individuals against parcel owners who address
1365	matters concerning their homeowners' association will preserve
1366	this fundamental state policy, preserve the constitutional
1367	rights of parcel owners, and assure the continuation of
1368	representative government in this state. It is the intent of the
1369	Legislature that such lawsuits be expeditiously disposed of by
1370	the courts.
1371	(a)  As used in this subsection, the term "governmental
1372	entity" means the state, including the executive, legislative,
1373	and judicial branches of government, the independent
1374	establishments of the state, counties, municipalities,
1375	districts, authorities, boards, or commissions, or any agencies
1376	of these branches which are subject to chapter 286.
1377	(b)  A governmental entity, business organization, or
1378	individual in this state may not file or cause to be filed
1379	through its employees or agents any lawsuit, cause of action,
1380	claim, cross-claim, or counterclaim against a parcel owner
1381	without merit and solely because such parcel owner has exercised
1382	the right to instruct his or her representatives or the right to
1383	petition for redress of grievances before the various
1384	governmental entities of this state, as protected by the First
1385	Amendment to the United States Constitution and s. 5, Art. I of
1386	the State Constitution.
1387	(c)  A parcel owner sued by a governmental entity, business
1388	organization, or individual in violation of this section has a
1389	right to an expeditious resolution of a claim that the suit is
1390	in violation of this section. A parcel owner may petition the
1391	court for an order dismissing the action or granting final
1392	judgment in favor of that parcel owner. The petitioner may file
1393	a motion for summary judgment, together with supplemental
1394	affidavits, seeking a determination that the governmental
1395	entity's, business organization's, or individual's lawsuit has
1396	been brought in violation of this section. The governmental
1397	entity, business organization, or individual shall thereafter
1398	file its response and any supplemental affidavits. As soon as
1399	practicable, the court shall set a hearing on the petitioner's
1400	motion, which shall be held at the earliest possible time after
1401	the filing of the governmental entity's, business organization's
1402	or individual's response. The court may award the parcel owner
1403	sued by the governmental entity, business organization, or
1404	individual actual damages arising from the governmental
1405	entity's, individual's, or business organization's violation of
1406	this section. A court may treble the damages awarded to a
1407	prevailing parcel owner and shall state the basis for the treble
1408	damages award in its judgment. The court shall award the
1409	prevailing party reasonable attorney's fees and costs incurred
1410	in connection with a claim that an action was filed in violation
1411	of this section.
1412	(d)  Homeowners' associations may not expend association
1413	funds in prosecuting a SLAPP suit against a parcel owner.
1414	(5)(a)  Any parcel owner may construct an access ramp if a
1415	resident or occupant of the parcel has a medical necessity or
1416	disability that requires a ramp for egress and ingress under the
1417	following conditions:
1418	1.  The ramp must be as unobtrusive as possible, be
1419	designed to blend in aesthetically as practicable, and be
1420	reasonably sized to fit the intended use.
1421	2.  Plans for the ramp must be submitted in advance to the
1422	homeowners' association. The association may make reasonable
1423	requests to modify the design to achieve architectural
1424	consistency with surrounding structures and surfaces.
1425	(b)  The parcel owner must submit to the association an
1426	affidavit from a physician attesting to the medical necessity or
1427	disability of the resident or occupant of the parcel requiring
1428	the access ramp. Certification used for s. 320.0848 shall be
1429	sufficient to meet the affidavit requirement.
1430	(6)  Any parcel owner may display a sign of reasonable size
1431	provided by a contractor for security services within 10 feet of
1432	any entrance to the home.
1433	Section 20.  Subsection (2) of section 720.305, Florida
1434	Statutes, is amended to read:
1435	720.305  Obligations of members; remedies at law or in
1436	equity; levy of fines and suspension of use rights; failure to
1437	fill sufficient number of vacancies on board of directors to
1438	constitute a quorum; appointment of receiver upon petition of
1439	any member.--
1440	(2)  If the governing documents so provide, an association
1441	may suspend, for a reasonable period of time, the rights of a
1442	member or a member's tenants, guests, or invitees, or both, to
1443	use common areas and facilities and may levy reasonable fines,
1444	not to exceed $100 per violation, against any member or any
1445	tenant, guest, or invitee. A fine may be levied on the basis of
1446	each day of a continuing violation, with a single notice and
1447	opportunity for hearing, except that no such fine shall exceed
1448	$1,000 in the aggregate unless otherwise provided in the
1449	governing documents. A fine shall not become a lien against a
1450	parcel. In any action to recover a fine, the prevailing party is
1451	entitled to collect its reasonable attorney's fees and costs
1452	from the nonprevailing party as determined by the court.
1453	(a)  A fine or suspension may not be imposed without notice
1454	of at least 14 days to the person sought to be fined or
1455	suspended and an opportunity for a hearing before a committee of
1456	at least three members appointed by the board who are not
1457	officers, directors, or employees of the association, or the
1458	spouse, parent, child, brother, or sister of an officer,
1459	director, or employee.  If the committee, by majority vote, does
1460	not approve a proposed fine or suspension, it may not be
1461	imposed.
1462	(b)  The requirements of this subsection do not apply to
1463	the imposition of suspensions or fines upon any member because
1464	of the failure of the member to pay assessments or other charges
1465	when due if such action is authorized by the governing
1466	documents.
1467	(c)  Suspension of common-area-use rights shall not impair
1468	the right of an owner or tenant of a parcel to have vehicular
1469	and pedestrian ingress to and egress from the parcel, including,
1470	but not limited to, the right to park.
1471	Section 21.  Section 720.3055, Florida Statutes, is created
1472	to read:
1473	720.3055  Contracts for products and services; in writing;
1474	bids; exceptions.--
1475	(1)  All contracts as further described in this section or
1476	any contract that is not to be fully performed within 1 year
1477	after the making thereof for the purchase, lease, or renting of
1478	materials or equipment to be used by the association in
1479	accomplishing its purposes under this chapter or the governing
1480	documents, and all contracts for the provision of services,
1481	shall be in writing. If a contract for the purchase, lease, or
1482	renting of materials or equipment, or for the provision of
1483	services, requires payment by the association that exceeds 10
1484	percent of the total annual budget of the association, including
1485	reserves, the association must obtain competitive bids for the
1486	materials, equipment, or services. Nothing contained in this
1487	section shall be construed to require the association to accept
1488	the lowest bid.
1489	(2)(a)1.  Notwithstanding the foregoing, contracts with
1490	employees of the association, and contracts for attorney,
1491	accountant, architect, community association manager,
1492	engineering, and landscape architect services are not subject to
1493	the provisions of this section.
1494	2.  A contract executed before October 1, 2004, and any
1495	renewal thereof, is not subject to the competitive bid
1496	requirements of this section. If a contract was awarded under
1497	the competitive bid procedures of this section, any renewal of
1498	that contract is not subject to such competitive bid
1499	requirements if the contract contains a provision that allows
1500	the board to cancel the contract on 30 days' notice. Materials,
1501	equipment, or services provided to an association under a local
1502	government franchise agreement by a franchise holder are not
1503	subject to the competitive bid requirements of this section. A
1504	contract with a manager, if made by a competitive bid, may be
1505	made for up to 3 years. An association whose declaration or
1506	bylaws provide for competitive bidding for services may operate
1507	under the provisions of that declaration or bylaws in lieu of
1508	this section if those provisions are not less stringent than the
1509	requirements of this section.
1510	(b)  Nothing contained in this section is intended to limit
1511	the ability of an association to obtain needed products and
1512	services in an emergency.
1513	(c)  This section does not apply if the business entity
1514	with which the association desires to enter into a contract is
1515	the only source of supply within the county serving the
1516	association.
1517	(d)  Nothing contained in this section shall excuse a party
1518	contracting to provide maintenance or management services from
1519	compliance with s. 720.309.
1520	Section 22.  Present subsections (5) through (8) of section
1521	720.306, Florida Statutes, are renumbered as subsections (7)
1522	through (10), respectively, present subsection (7) is amended,
1523	and new subsections (5) and (6) are added to said section, to
1524	read:
1525	720.306  Meetings of members; voting and election
1526	procedures; amendments.--
1527	(5)  NOTICE OF MEETINGS.--The bylaws shall provide for
1528	giving notice to members of all member meetings, and if they do
1529	not do so shall be deemed to provide the following: The
1530	association shall give all parcel owners and members actual
1531	notice of all membership meetings, which shall be mailed,
1532	delivered, or electronically transmitted to the members not less
1533	than 14 days prior to the meeting. Evidence of compliance with
1534	this 14-day notice shall be made by an affidavit executed by the
1535	person providing the notice and filed upon execution among the
1536	official records of the association. In addition to mailing,
1537	delivering, or electronically transmitting the notice of any
1538	meeting, the association may, by reasonable rule, adopt a
1539	procedure for conspicuously posting and repeatedly broadcasting
1540	the notice and the agenda on a closed-circuit cable television
1541	system serving the association. When broadcast notice is
1542	provided, the notice and agenda must be broadcast in a manner
1543	and for a sufficient continuous length of time so as to allow an
1544	average reader to observe the notice and read and comprehend the
1545	entire content of the notice and the agenda.
1546	(6)  RIGHT TO SPEAK.--Members and parcel owners have the
1547	right to attend all membership meetings and to speak at any
1548	meeting with reference to all items opened for discussion or
1549	included on the agenda. Notwithstanding any provision to the
1550	contrary in the governing documents or any rules adopted by the
1551	board or by the membership, a member and a parcel owner have the
1552	right to speak for at least 3 minutes on any item, provided that
1553	the member or parcel owner submits a written request to speak
1554	prior to the meeting. The association may adopt written
1555	reasonable rules governing the frequency, duration, and other
1556	manner of member and parcel owner statements, which rules must
1557	be consistent with this paragraph.
1558	(9)(7)  ELECTIONS.--Elections of directors must be
1559	conducted in accordance with the procedures set forth in the
1560	governing documents of the association.  All members of the
1561	association shall be eligible to serve on the board of
1562	directors, and a member may nominate himself or herself as a
1563	candidate for the board at a meeting where the election is to be
1564	held.  Except as otherwise provided in the governing documents,
1565	boards of directors must be elected by a plurality of the votes
1566	cast by eligible voters. Any election dispute between a member
1567	and an association must be submitted to mandatory binding
1568	arbitration with the division. Such proceedings shall be
1569	conducted in the manner provided by s. 718.1255 and the
1570	procedural rules adopted by the division.
1571	Section 23.  Section 720.311, Florida Statutes, is amended
1572	to read:
1573	720.311  Dispute resolution.--
1574	(1)  The Legislature finds that alternative dispute
1575	resolution has made progress in reducing court dockets and
1576	trials and in offering a more efficient, cost-effective option
1577	to litigation. The filing of any petition for mediation or
1578	arbitration provided for in this section shall toll the
1579	applicable statute of limitations. Any recall dispute filed with
1580	the department pursuant to s. 720.303(10) shall be conducted by
1581	the department in accordance with the provisions of ss. 718.1255
1582	and 718.112(2)(j) and the rules adopted by the division. In
1583	addition, the department shall conduct mandatory binding
1584	arbitration of election disputes between a member and an
1585	association pursuant to s. 718.1255 and rules adopted by the
1586	division. Neither election disputes nor recall disputes are
1587	eligible for mediation; these disputes shall be arbitrated by
1588	the department. At the conclusion of the proceeding, the
1589	department shall charge the parties a fee in an amount adequate
1590	to cover all costs and expenses incurred by the department in
1591	conducting the proceeding. Initially, the petitioner shall remit
1592	a filing fee of at least $200 to the department. The fees paid
1593	to the department shall become a recoverable cost in the
1594	arbitration proceeding and the prevailing party in an
1595	arbitration proceeding shall recover its reasonable costs and
1596	attorney's fees in an amount found reasonable by the arbitrator.
1597	The department shall adopt rules to effectuate the purposes of
1598	this section.
1599	(2)(a)  Disputes between an association and a parcel owner
1600	regarding use of or changes to the parcel or the common areas
1601	and other covenant enforcement disputes, disputes regarding
1602	amendments to the association documents, disputes regarding
1603	meetings of the board and committees appointed by the board,
1604	membership meetings not including election meetings, and access
1605	to the official records of the association shall be filed with
1606	the department for mandatory mediation before the dispute is
1607	filed in court. Mediation proceedings must be conducted in
1608	accordance with the applicable Florida Rules of Civil Procedure,
1609	and these proceedings are privileged and confidential to the
1610	same extent as court-ordered mediation. An arbitrator or judge
1611	may not consider any information or evidence arising from the
1612	mediation proceeding except in a proceeding to impose sanctions
1613	for failure to attend a mediation session. Persons who are not
1614	parties to the dispute may not attend the mediation conference
1615	without the consent of all parties, except for counsel for the
1616	parties and a corporate representative designated by the
1617	association. When mediation is attended by a quorum of the
1618	board, such mediation is not a board meeting for purposes of
1619	notice and participation set forth in s. 720.303. The department
1620	shall conduct the proceedings through the use of department
1621	mediators or refer the disputes to private mediators who have
1622	been duly certified by the department as provided in paragraph
1623	(c). The parties shall share the costs of mediation equally,
1624	including the fee charged by the mediator, if any, unless the
1625	parties agree otherwise. If a department mediator is used, the
1626	department may charge such fee as is necessary to pay expenses
1627	of the mediation, including, but not limited to, the salary and
1628	benefits of the mediator and any travel expenses incurred. The
1629	petitioner shall initially file with the department upon filing
1630	the disputes, a filing fee of $200, which shall be used to
1631	defray the costs of the mediation. At the conclusion of the
1632	mediation, the department shall charge to the parties, to be
1633	shared equally unless otherwise agreed by the parties, such
1634	further fees as are necessary to fully reimburse the department
1635	for all expenses incurred in the mediation.
1636	(b)  If mediation as described in paragraph (a) is not
1637	successful in resolving all issues between the parties, the
1638	parties may file the unresolved dispute in a court of competent
1639	jurisdiction or elect to enter into binding or nonbinding
1640	arbitration pursuant to the procedures set forth in s. 718.1255
1641	and rules adopted by the division, with the arbitration
1642	proceeding to be conducted by a department arbitrator or by a
1643	private arbitrator certified by the department. If all parties
1644	do not agree to arbitration proceedings following an
1645	unsuccessful mediation, any party may file the dispute in court.
1646	A final order resulting from nonbinding arbitration is final and
1647	enforceable in the courts if a complaint for trial de novo is
1648	not filed in a court of competent jurisdiction within 30 days
1649	after entry of the order.
1650	(c)  The department shall develop a certification and
1651	training program for private mediators and private arbitrators
1652	which shall emphasize experience and expertise in the area of
1653	the operation of community associations. A mediator or
1654	arbitrator shall be certified by the department only if he or
1655	she has attended at least 20 hours of training in mediation or
1656	arbitration, as appropriate, and only if the applicant has
1657	mediated or arbitrated at least 10 disputes involving community
1658	associations within 5 years prior to the date of the
1659	application, or has mediated or arbitrated 10 disputes in any
1660	area within 5 years prior to the date of application and has
1661	completed 20 hours of training in community association
1662	disputes. In order to be certified by the department, any
1663	mediator must also be certified by the Florida Supreme Court.
1664	The department may conduct the training and certification
1665	program within the department or may contract with an outside
1666	vendor to perform the training or certification. The expenses of
1667	operating the training and certification and training program
1668	shall be paid by the moneys and filing fees generated by the
1669	arbitration of recall and election disputes and by the mediation
1670	of those disputes referred to in this subsection and by the
1671	training fees.
1672	(d)  The mediation procedures provided by this subsection
1673	may be used by a Florida corporation responsible for the
1674	operation of a community in which the voting members are parcel
1675	owners or their representatives, in which membership in the
1676	corporation is not a mandatory condition of parcel ownership, or
1677	which is not authorized to impose an assessment that may become
1678	a lien on the parcel.
1679	(3)  The department shall develop an education program to
1680	assist homeowners, associations, board members, and managers in
1681	understanding and increasing awareness of the operation of
1682	homeowners' associations pursuant to chapter 720 and in
1683	understanding the use of alternative dispute resolution
1684	techniques in resolving disputes between parcel owners and
1685	associations or between owners. Such education program may
1686	include the development of pamphlets and other written
1687	instructional guides, the holding of classes and meetings by
1688	department employees or outside vendors, as the department
1689	determines, and the creation and maintenance of a website
1690	containing instructional materials. The expenses of operating
1691	the education program shall be initially paid by the moneys and
1692	filing fees generated by the arbitration of recall and election
1693	disputes and by the mediation of those disputes referred to in
1694	this subsection. At any time after the filing in a court of
1695	competent jurisdiction of a complaint relating to a dispute
1696	under ss. 720.301-720.312, the court may order that the parties
1697	enter mediation or arbitration procedures.
1698	Section 24.  Subsection (13) is added to section 718.110,
1699	Florida Statutes, to read:
1700	718.110  Amendment of declaration; correction of error or
1701	omission in declaration by circuit court.--
1702	(13)  Any amendment restricting unit owners' rights
1703	relating to the rental of units applies only to unit owners who
1704	consent to the amendment and unit owners who purchase their
1705	units after the effective date of that amendment.
1706	Section 25.  Section 689.26, Florida Statutes, is
1707	transferred, renumbered as section 720.601, Florida Statutes,
1708	and amended to read:
1709	720.601 689.26  Prospective purchasers subject to
1710	association membership requirement; disclosure required;
1711	covenants; assessments; contract cancellation voidability.--
1712	(1)(a)  A prospective parcel owner in a community must be
1713	presented a disclosure summary before executing the contract for
1714	sale.  The disclosure summary must be in a form substantially
1715	similar to the following form:
1716	DISCLOSURE SUMMARY
1717	FOR
1718	(NAME OF COMMUNITY)
1719
1720	1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL
1721	(WILL) (WILL NOT) BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS'
1722	ASSOCIATION.
1723	2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE
1724	COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS
1725	COMMUNITY.
1726	3.  YOU WILL (WILL) (WILL NOT) BE OBLIGATED TO PAY
1727	ASSESSMENTS TO THE ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO
1728	PERIODIC CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS $______
1729	PER ______. YOU WILL ALSO BE OBLIGATED TO PAY ANY SPECIAL
1730	ASSESSMENTS IMPOSED BY THE ASSOCIATION. SUCH SPECIAL ASSESSMENTS
1731	MAY BE SUBJECT TO CHANGE. IF APPLICABLE, THE CURRENT AMOUNT IS
1732	$______ PER ______.
1733	4.  YOU MAY (WILL) (WILL NOT) BE OBLIGATED TO PAY SPECIAL
1734	ASSESSMENTS TO THE RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL
1735	DISTRICT. ALL ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
1736	5.4.  YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR
1737	ASSESSMENTS LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD
1738	RESULT IN A LIEN ON YOUR PROPERTY.
1739	6.5.  THERE MAY BE (IS) (IS NOT) AN OBLIGATION TO PAY RENT
1740	OR LAND USE FEES FOR RECREATIONAL OR OTHER COMMONLY USED
1741	FACILITIES AS AN OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS'
1742	ASSOCIATION. IF APPLICABLE, THE CURRENT AMOUNT IS $______ PER
1743	______. (If such obligation exists, then the amount of the
1744	current obligation shall be set forth.)
1745	7.6.  THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE
1746	RESTRICTIVE COVENANTS (CAN) (CANNOT) BE AMENDED WITHOUT THE
1747	APPROVAL OF THE ASSOCIATION MEMBERSHIP OR THE APPROVAL OF THE,
1748	IF NO MANDATORY ASSOCIATION EXISTS, PARCEL OWNERS.
1749	8.7.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE
1750	ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU
1751	SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING
1752	DOCUMENTS BEFORE PURCHASING PROPERTY.
1753	9.8.  THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD
1754	AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE
1755	THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED
1756	FROM THE DEVELOPER.
1757	DATE: PURCHASER:
1758	PURCHASER:
1759
1760	The disclosure must be supplied by the developer, or by the
1761	parcel owner if the sale is by an owner that is not the
1762	developer.  Any contract or agreement for sale shall refer to
1763	and incorporate the disclosure summary and shall include, in
1764	prominent language, a statement that the potential buyer should
1765	not execute the contract or agreement until they have received
1766	and read the disclosure summary required by this section.
1767	(b)  Each contract entered into for the sale of property
1768	governed by covenants subject to disclosure required by this
1769	section must contain in conspicuous type a clause that states:
1770
1771	IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.601 689.26,
1772	FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE
1773	PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT
1774	IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLER'S AGENT
1775	OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER'S INTENTION TO
1776	CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR
1777	PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER
1778	OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYER'S RIGHT TO VOID
1779	THIS CONTRACT SHALL TERMINATE AT CLOSING.
1780
1781	(c)  If the disclosure summary is not provided to a
1782	prospective purchaser before the purchaser executes a contract
1783	for the sale of property governed by covenants that are subject
1784	to disclosure pursuant to this section, the purchaser may void
1785	the contract by delivering to the seller or the seller's agent
1786	or representative written notice canceling the contract within 3
1787	days after receipt of the disclosure summary or prior to
1788	closing, whichever occurs first. This right may not be waived by
1789	the purchaser but terminates at closing. A contract that does
1790	not conform to the requirements of this subsection is voidable
1791	at the option of the purchaser prior to closing.
1792	(2)  This section does not apply to any association
1793	regulated under chapter 718, chapter 719, chapter 721, or
1794	chapter 723 or to a subdivider registered under chapter 498; and
1795	also does not apply if disclosure regarding the association is
1796	otherwise made in connection with the requirements of chapter
1797	718, chapter 719, chapter 721, or chapter 723.
1798	Section 26.  Section 689.265, Florida Statutes, is
1799	transferred and renumbered as section 720.3086, Florida
1800	Statutes, to read:
1801	720.3086 689.265  Financial report.--In a residential
1802	subdivision in which the owners of lots or parcels must pay
1803	mandatory maintenance or amenity fees to the subdivision
1804	developer or to the owners of the common areas, recreational
1805	facilities, and other properties serving the lots or parcels,
1806	the developer or owner of such areas, facilities, or properties
1807	shall make public, within 60 days following the end of each
1808	fiscal year, a complete financial report of the actual, total
1809	receipts of mandatory maintenance or amenity fees received by
1810	it, and an itemized listing of the expenditures made by it from
1811	such fees, for that year.  Such report shall be made public by
1812	mailing it to each lot or parcel owner in the subdivision, by
1813	publishing it in a publication regularly distributed within the
1814	subdivision, or by posting it in prominent locations in the
1815	subdivision.  This section does not apply to amounts paid to
1816	homeowner associations pursuant to chapter 617, chapter 718,
1817	chapter 719, chapter 721, or chapter 723, or to amounts paid to
1818	local governmental entities, including special districts.
1819	Section 27.  Paragraphs (g) and (h) of subsection (2) of
1820	section 498.025, Florida Statutes, are amended to read:
1821	498.025  Exemptions.--
1822	(2)  Except as provided in s. 498.022, the provisions of
1823	this chapter do not apply to offers or dispositions of interests
1824	in lots, parcels, or units contained in a recorded subdivision
1825	plat, or resulting from the subdivision of land in accordance
1826	with applicable local land development laws and regulations
1827	pursuant to part II of chapter 163, including lots, parcels,
1828	units, or interest vested under such part, if all of the
1829	following conditions exist:
1830	(g)  The contract for purchase or lease contains, and the
1831	subdivider complies with, the following provisions:
1832	1.  The purchaser must inspect the subdivided land prior to
1833	the execution of the contract or lease.
1834	2.  The purchaser shall have an absolute right to cancel
1835	the contract or lease for any reason whatsoever for a period of
1836	7 business days following the date on which the contract or
1837	lease was executed by the purchaser.
1838	3.  In the event the purchaser elects to cancel within the
1839	period provided, all funds or other property paid by the
1840	purchaser shall be refunded without penalty or obligation within
1841	20 days of the receipt of the notice of cancellation by the
1842	developer.
1843	4.  All funds or property paid by the purchaser shall be
1844	put in escrow until closing has occurred and the lease or deed
1845	has been recorded.
1846	5.  Unless otherwise timely canceled, closing shall occur
1847	within 180 days of the date of execution of the contract by the
1848	purchaser.
1849	6.  When title is conveyed, said title shall be conveyed by
1850	statutory warranty deed unencumbered by any lien or mortgage
1851	except for any first purchase money mortgage given by the
1852	purchaser and restrictions, covenants, or easements of record.
1853	7.  The subdivider presents to the purchaser the disclosure
1854	required by s. 720.601 s. 689.26 prior to the execution of the
1855	contract or lease.
1856	(h)  The agreement for deed contains, and the subdivider
1857	complies with, the following provisions:
1858	1.  The purchaser must inspect the subdivided land prior to
1859	the execution of the agreement for deed.
1860	2.  The purchaser shall have an absolute right to cancel
1861	the agreement for deed for any reason whatsoever for a period of
1862	7 business days following the date on which the agreement for
1863	deed was executed by the purchaser.
1864	3.  If the purchaser elects to cancel within the period
1865	provided, all funds or other property paid by the purchaser
1866	shall be refunded without penalty or obligation within 20 days
1867	after the receipt of the notice of cancellation by the
1868	developer.
1869	4.  All funds or for property paid by the purchaser shall
1870	be put in escrow until the agreement for deed has been recorded
1871	in the county in which the subdivision is located.
1872	5.  Unless otherwise timely canceled, the agreement for
1873	deed shall be recorded within 180 days after its execution by
1874	the purchaser.
1875	6.  Sale of lots in the subdivision shall be restricted
1876	solely to residents of the state.
1877	7.  The underlying mortgage or other ancillary documents
1878	shall contain release provisions for the individual lot
1879	purchased.
1880	8.  The subdivider presents to the purchaser the disclosure
1881	required by s. 720.601 s. 689.26 prior to the execution of the
1882	agreement for deed.
1883	Section 28.  Section 720.602, Florida Statutes, is created
1884	to read:
1885	720.602  Publication of false and misleading information.--
1886	(1)  Any person who, in reasonable reliance upon any
1887	material statement or information that is false or misleading
1888	and published by or under authority from the developer in
1889	advertising and promotional materials, including, but not
1890	limited to, a contract of purchaser, the declaration of
1891	covenants, exhibits to a declaration of covenants, brochures,
1892	and newspaper advertising, pays anything of value toward the
1893	purchase of a parcel in a community located in this state has a
1894	cause of action to rescind the contract or collect damages from
1895	the developer for his or her loss before the closing of the
1896	transaction. After the closing of the transaction, the purchaser
1897	has a cause of action against the developer for damages under
1898	this section from the time of closing until 1 year after the
1899	date upon which the last of the events described in paragraphs
1900	(a) through (d) occur:
1901	(a)  The closing of the transaction;
1902	(b)  The issuance by the applicable governmental authority
1903	of a certificate of occupancy or other evidence of sufficient
1904	completion of construction of the purchaser's residence to allow
1905	lawful occupancy of the residence by the purchaser. In counties
1906	or municipalities in which certificates of occupancy or other
1907	evidences of completion sufficient to allow lawful occupancy are
1908	not customarily issued, for the purpose of this section,
1909	evidence of lawful occupancy shall be deemed to be given or
1910	issued upon the date that such lawful occupancy of the residence
1911	may be allowed under prevailing applicable laws, ordinances, or
1912	statutes;
1913	(c)  The completion by the developer of the common areas
1914	and such recreational facilities, whether or not the same are
1915	common areas, which the developer is obligated to complete or
1916	provide under the terms of the written contract, governing
1917	documents, or written agreement for purchase or lease of the
1918	parcel; or
1919	(d)  In the event there is not a written contract or
1920	agreement for sale or lease of the parcel, then the completion
1921	by the developer of the common areas and such recreational
1922	facilities, whether or not they are common areas, which the
1923	developer would be obligated to complete under any rule of law
1924	applicable to the developer's obligation.
1925
1926	Under no circumstances may a cause of action created or
1927	recognized under this section survive for a period of more than
1928	5 years after the closing of the transaction.
1929	(2)  In any action for relief under this section, the
1930	prevailing party may recover reasonable attorney's fees. A
1931	developer may not expend association funds in the defense of any
1932	suit under this section.
1933	Section 29.  Subsection (1) of section 34.01, Florida
1934	Statutes, is amended to read:
1935	34.01  Jurisdiction of county court.--
1936	(1)  County courts shall have original jurisdiction:
1937	(a)  In all misdemeanor cases not cognizable by the circuit
1938	courts.;
1939	(b)  Of all violations of municipal and county ordinances.;
1940	and
1941	(c)  Of all actions at law in which the matter in
1942	controversy does not exceed the sum of $15,000, exclusive of
1943	interest, costs, and attorney's fees, except those within the
1944	exclusive jurisdiction of the circuit courts. The party
1945	instituting any civil action, suit, or proceeding pursuant to
1946	this paragraph where the amount in controversy is in excess of
1947	$5,000 shall pay to the clerk of the county court the filing
1948	fees and service charges in the same amounts and in the same
1949	manner as provided in s. 28.241.
1950	(d)  Of disputes occurring in the homeowners' associations
1951	as described in s. 720.311(2)(a), which shall be concurrent with
1952	jurisdiction of the circuit courts.
1953	Section 30.  Paragraph (a) of subsection (1) of section
1954	316.00825, Florida Statutes, is amended to read:
1955	316.00825  Closing and abandonment of roads; optional
1956	conveyance to homeowners' association; traffic control
1957	jurisdiction.--
1958	(1)(a)  In addition to the authority provided in s. 336.12,
1959	the governing body of the county may abandon the roads and
1960	rights-of-way dedicated in a recorded residential subdivision
1961	plat and simultaneously convey the county's interest in such
1962	roads, rights-of-way, and appurtenant drainage facilities to a
1963	homeowners' association for the subdivision, if the following
1964	conditions have been met:
1965	1.  The homeowners' association has requested the
1966	abandonment and conveyance in writing for the purpose of
1967	converting the subdivision to a gated neighborhood with
1968	restricted public access.
1969	2.  No fewer than four-fifths of the owners of record of
1970	property located in the subdivision have consented in writing to
1971	the abandonment and simultaneous conveyance to the homeowners'
1972	association.
1973	3.  The homeowners' association is both a corporation not
1974	for profit organized and in good standing under chapter 617, and
1975	a "homeowners' association" as  defined in s. 720.301(8) s.
1976	720.301(7) with the power to levy and collect assessments for
1977	routine and periodic major maintenance and operation of street
1978	lighting, drainage, sidewalks, and pavement in the subdivision.
1979	4.  The homeowners' association has entered into and
1980	executed such agreements, covenants, warranties, and other
1981	instruments; has provided, or has provided assurance of, such
1982	funds, reserve funds, and funding sources; and has satisfied
1983	such other requirements and conditions as may be established or
1984	imposed by the county with respect to the ongoing operation,
1985	maintenance, and repair and the periodic reconstruction or
1986	replacement of the roads, drainage, street lighting, and
1987	sidewalks in the subdivision after the abandonment by the
1988	county.
1989	Section 31.  Subsection (2) of section 558.002, Florida
1990	Statutes, is amended to read:
1991	558.002  Definitions.--As used in this act, the term:
1992	(2)  "Association" has the same meaning as in s.
1993	718.103(2), s. 719.103(2), s. 720.301(8) s. 720.301(7), or s.
1994	723.025.
1995	Section 32.  The Division of Statutory Revision is
1996	requested to designate ss. 720.301-720.312, Florida Statutes, as
1997	part I of chapter 720, Florida Statutes; to designate ss.
1998	720.401-720.405, Florida Statutes, as part II of chapter 720,
1999	Florida Statutes, and entitle that part as "Covenant
2000	Revitalization"; to designate ss. 720.601 and 720.602, Florida
2001	Statutes, as part III of chapter 720, Florida Statutes, and
2002	entitle that part "Disclosure Prior to Sale of Residential
2003	Parcels"; and to designate s. 720.501, Florida Statutes, as part
2004	IV of chapter 720, Florida Statutes, and entitle that part
2005	"Rights and Obligations of Developers."
2006	Section 33.  Subsection (4) is added to section 190.012,
2007	Florida Statutes, to read:
2008	190.012  Special powers; public improvements and community
2009	facilities.--The district shall have, and the board may
2010	exercise, subject to the regulatory jurisdiction and permitting
2011	authority of all applicable governmental bodies, agencies, and
2012	special districts having authority with respect to any area
2013	included therein, any or all of the following special powers
2014	relating to public improvements and community facilities
2015	authorized by this act:
2016	(4)(a)  To adopt rules necessary for the district to
2017	enforce certain deed restrictions pertaining to the use and
2018	operation of real property within the district. For the purpose
2019	of this subsection, "deed restrictions" are those covenants,
2020	conditions, and restrictions contained in any applicable
2021	declarations of covenants and restrictions that govern the use
2022	and operation of real property within the district and, for
2023	which covenants, conditions, and restrictions, there is no
2024	homeowners' association or property owner's association having
2025	respective enforcement powers. The district may adopt by rule
2026	all or certain portions of the deed restrictions that:
2027	1.  Relate to limitations or prohibitions that apply only
2028	to external structures and are deemed by the district to be
2029	generally beneficial for the district's landowners and for which
2030	enforcement by the district is appropriate, as determined by the
2031	district's board of supervisors; or
2032	2.  Are consistent with the requirements of a development
2033	order or regulatory agency permit.
2034	(b)  The board may vote to adopt such rules only when all
2035	of the following conditions exist:
2036	1.  The district's geographic area contains no homeowners'
2037	associations as defined in s. 720.301(7);
2038	2.  The district was in existence on the effective date of
2039	this subsection, or is located within a development that
2040	consists of multiple developments of regional impact and a
2041	Florida Quality Development;
2042	3.  The majority of the board has been elected by qualified
2043	electors pursuant to the provisions of s. 190.006; and
2044	4.  The declarant in any applicable declarations of
2045	covenants and restrictions has provided the board with a written
2046	agreement that such rules may be adopted. A memorandum of the
2047	agreement shall be recorded in the public records.
2048	(c)  Within 60 days after such rules taking effect, the
2049	district shall record a notice of rule adoption stating
2050	generally what rules were adopted and where a copy of the rules
2051	may be obtained. Districts may impose fines for violations of
2052	such rules and enforce such rules and fines in circuit court
2053	through injunctive relief.
2054	Section 34.  Section 190.046, Florida Statutes, is amended
2055	to read:
2056	190.046  Termination, contraction, or expansion of
2057	district.--
2058	(1)  The board may petition to contract or expand the
2059	boundaries of a community development district in the following
2060	manner:
2061	(a)  The petition shall contain the same information
2062	required by s. 190.005(1)(a)1. and 8.  In addition, if the
2063	petitioner seeks to expand the district, the petition shall
2064	describe the proposed timetable for construction of any district
2065	services to the area, the estimated cost of constructing the
2066	proposed services, and the designation of the future general
2067	distribution, location, and extent of public and private uses of
2068	land proposed for the area by the future land use plan element
2069	of the adopted local government local comprehensive plan.  If
2070	the petitioner seeks to contract the district, the petition
2071	shall describe what services and facilities are currently
2072	provided by the district to the area being removed, and the
2073	designation of the future general distribution, location, and
2074	extent of public and private uses of land proposed for the area
2075	by the future land element of the adopted local government
2076	comprehensive plan.
2077	(b)  For those districts initially established by county
2078	ordinance, the petition for ordinance amendment shall be filed
2079	with the county commission.  If the land to be included or
2080	excluded is, in whole or in part, within the boundaries of a
2081	municipality, then the county commission shall not amend the
2082	ordinance without municipal approval.  A public hearing shall be
2083	held in the same manner and with the same public notice as other
2084	ordinance amendments.  The county commission shall consider the
2085	record of the public hearing and the factors set forth in s.
2086	190.005(1)(e) in making its determination to grant or deny the
2087	petition for ordinance amendment.
2088	(c)  For those districts initially established by municipal
2089	ordinance pursuant to s. 190.005(2)(e), the municipality shall
2090	assume the duties of the county commission set forth in
2091	paragraph (b); however, if any of the land to be included or
2092	excluded, in whole or in part, is outside the boundaries of the
2093	municipality, then the municipality shall not amend its
2094	ordinance without county commission approval.
2095	(d)1.  For those districts initially established by
2096	administrative rule pursuant to s. 190.005(1), the petition
2097	shall be filed with the Florida Land and Water Adjudicatory
2098	Commission.
2099	2.  Prior to filing the petition, the petitioner shall pay
2100	a filing fee of $1,500 to the county and to each municipality
2101	the boundaries of which are contiguous with or contain all or a
2102	portion of the land within the district or the proposed
2103	amendment, and submit a copy of the petition to the county and
2104	to each such municipality.  In addition, if the district is not
2105	the petitioner, the petitioner shall file the petition with the
2106	district board of supervisors.
2107	3.  The county and each municipality shall have the option
2108	of holding a public hearing as provided by s. 190.005(1)(c).
2109	However, such public hearing shall be limited to consideration
2110	of the contents of the petition and whether the petition for
2111	amendment should be supported by the county or municipality.
2112	4.  The district board of supervisors shall, in lieu of a
2113	hearing officer, hold the local public hearing provided for by
2114	s. 190.005(1)(d).  This local public hearing shall be noticed in
2115	the same manner as provided in s. 190.005(1)(d). Within 45 days
2116	of the conclusion of the hearing, the district board of
2117	supervisors shall transmit to the Florida Land and Water
2118	Adjudicatory Commission the full record of the local hearing,
2119	the transcript of the hearing, any resolutions adopted by the
2120	local general-purpose governments, and its recommendation
2121	whether to grant the petition for amendment. The commission
2122	shall then proceed in accordance with s. 190.005(1)(e).
2123	5.  A rule amending a district boundary shall describe the
2124	land to be added or deleted.
2125	(e)  In all cases, written consent of all the landowners
2126	whose land is to be added to or deleted from the district shall
2127	be required. The filing of the petition for expansion or
2128	contraction by the district board of supervisors shall
2129	constitute consent of the landowners within the district other
2130	than of landowners whose land is proposed to be added to or
2131	removed from the district.
2132	(f)1.  During the existence of a district initially
2133	established by administrative rule, petitions to amend the
2134	boundaries of the district pursuant to paragraphs (a)-(e) shall
2135	be limited to a cumulative total of no more than 10 percent of
2136	the land in the initial district, and in no event shall all such
2137	petitions to amend the boundaries ever encompass more than a
2138	total of 250 acres.
2139	2.  For districts initially established by county or
2140	municipal ordinance, the limitation provided by this paragraph
2141	shall be a cumulative total of no more than 50 percent of the
2142	land in the initial district, and in no event shall all such
2143	petitions to amend the boundaries ever encompass more than a
2144	total of 500 acres.
2145	3.  Boundary expansions for districts initially established
2146	by county or municipal ordinance shall follow the procedure set
2147	forth in paragraph (b) or paragraph (c).
2148	(g)  Petitions to amend the boundaries of the district
2149	which exceed the amount of land specified in paragraph (f) shall
2150	be considered petitions to establish a new district and shall
2151	follow all of the procedures specified in s. 190.005.
2152	(2)  The district shall remain in existence unless:
2153	(a)  The district is merged with another district as
2154	provided in subsection (3);
2155	(b)  All of the specific community development systems,
2156	facilities, and services that it is authorized to perform have
2157	been transferred to a general-purpose unit of local government
2158	in the manner provided in subsections (4), (5), and (6); or
2159	(c)  The district is dissolved as provided in subsection
2160	(7), or subsection (8), or subsection (9).
2161	(3)  The district may merge with other community
2162	development districts upon filing a petition for establishment
2163	of a community development district pursuant to s. 190.005 or
2164	may merge with any other special districts upon filing a
2165	petition for establishment of a community development district
2166	pursuant to s. 190.005.  The government formed by a merger
2167	involving a community development district pursuant to this
2168	section shall assume all indebtedness of, and receive title to,
2169	all property owned by the preexisting special districts.  Prior
2170	to filing said petition, the districts desiring to merge shall
2171	enter into a merger agreement and shall provide for the proper
2172	allocation of the indebtedness so assumed and the manner in
2173	which said debt shall be retired. The approval of the merger
2174	agreement by the board of supervisors elected by the electors of
2175	the district shall constitute consent of the landowners within
2176	the district.
2177	(4)  The local general-purpose government within the
2178	geographical boundaries of which the district lies may adopt a
2179	nonemergency ordinance providing for a plan for the transfer of
2180	a specific community development service from a district to the
2181	local general-purpose government.  The plan must provide for the
2182	assumption and guarantee of the district debt that is related to
2183	the service by the local general-purpose government and must
2184	demonstrate the ability of the local general-purpose government
2185	to provide such service:
2186	(a)  As efficiently as the district.
2187	(b)  At a level of quality equal to or higher than the
2188	level of quality actually delivered by the district to the users
2189	of the service.
2190	(c)  At a charge equal to or lower than the actual charge
2191	by the district to the users of the service.
2192	(5)  No later than 30 days following the adoption of a
2193	transfer plan ordinance, the board of supervisors may file, in
2194	the circuit court for the county in which the local general-
2195	purpose government that adopted the ordinance is located, a
2196	petition seeking review by certiorari of the factual and legal
2197	basis for the adoption of the transfer plan ordinance.
2198	(6)  Upon the transfer of all of the community development
2199	services of the district to a general-purpose unit of local
2200	government, the district shall be terminated in accordance with
2201	a plan of termination which shall be adopted by the board of
2202	supervisors and filed with the clerk of the circuit court.
2203	(7)  If, within 5 years after the effective date of the
2204	rule or ordinance establishing creating the district, a
2205	landowner has not received a development permit, as defined in
2206	chapter 380, on some part or all of the area covered by the
2207	district, then the district will be automatically dissolved and
2208	a judge of the circuit court shall cause a statement to that
2209	effect to be filed in the public records.
2210	(8)  In the event the district has become inactive pursuant
2211	to s. 189.4044, the respective board of county commissioners or
2212	city commission shall be informed and it shall take appropriate
2213	action.
2214	(9)  If a district has no outstanding financial obligations
2215	and no operating or maintenance responsibilities, upon the
2216	petition of the district, the district may be dissolved by a
2217	nonemergency ordinance of the general-purpose local governmental
2218	entity that established the district or, if the district was
2219	established by rule of the Florida Land and Water Adjudicatory
2220	Commission, the district may be dissolved by repeal of such rule
2221	of the commission.
2222	Section 35.  Section 190.006, Florida Statutes, is amended
2223	to read:
2224	190.006  Board of supervisors; members and meetings.--
2225	(1)  The board of the district shall exercise the powers
2226	granted to the district pursuant to this act. The board shall
2227	consist of five members; except as otherwise provided herein,
2228	each member shall hold office for a term of 2 years or 4 years,
2229	as provided in this section, and until a successor is chosen and
2230	qualifies.  The members of the board must be residents of the
2231	state and citizens of the United States.
2232	(2)(a)  Within 90 days following the effective date of the
2233	rule or ordinance establishing the district, there shall be held
2234	a meeting of the landowners of the district for the purpose of
2235	electing five supervisors for the district.  Notice of the
2236	landowners' meeting shall be published once a week for 2
2237	consecutive weeks in a newspaper which is in general circulation
2238	in the area of the district, the last day of such publication to
2239	be not fewer than 14 days or more than 28 days before the date
2240	of the election.  The landowners, when assembled at such
2241	meeting, shall organize by electing a chair who shall conduct
2242	the meeting. The chair may be any person present at the meeting.
2243	If the chair is a landowner or proxy holder of a landowner, he
2244	or she may nominate candidates and make and second motions.
2245	(b)  At such meeting, each landowner shall be entitled to
2246	cast one vote per acre of land owned by him or her and located
2247	within the district for each person to be elected.  A landowner
2248	may vote in person or by proxy in writing. Each proxy must be
2249	signed by one of the legal owners of the property for which the
2250	vote is cast and must contain the typed or printed name of the
2251	individual who signed the proxy; the street address, legal
2252	description of the property, or tax parcel identification
2253	number; and the number of authorized votes. If the proxy
2254	authorizes more than one vote, each property must be listed and
2255	the number of acres of each property must be included. The
2256	signature on a proxy need not be notarized. A fraction of an
2257	acre shall be treated as 1 acre, entitling the landowner to one
2258	vote with respect thereto.  The two candidates receiving the
2259	highest number of votes shall be elected for a period of 4
2260	years, and the three candidates receiving the next largest
2261	number of votes shall be elected for a period of 2 years, with
2262	the term of office for each successful candidate commencing upon
2263	election. The members of the first board elected by landowners
2264	shall serve their respective 4-year or 2-year terms; however,
2265	the next election by landowners shall be held on the first
2266	Tuesday in November. Thereafter, there shall be an election of
2267	supervisors for the district every 2 years in November on a date
2268	established by the board and noticed pursuant to paragraph (a).
2269	The second and subsequent landowners' election shall be
2270	announced at a public meeting of the board at least 90 days
2271	prior to the date of the landowners' meeting and shall also be
2272	noticed pursuant to paragraph (a). Instructions on how all
2273	landowners may participate in the election, along with sample
2274	proxies, shall be provided during the board meeting that
2275	announces the landowners' meeting. The two candidates receiving
2276	the highest number of votes shall be elected to serve for a 4-
2277	year period, and the remaining candidate elected shall serve for
2278	a 2-year period.
2279	(3)(a)1.  If the board proposes to exercise the ad valorem
2280	taxing power authorized by s. 190.021, the district board shall
2281	call an election at which the members of the board of
2282	supervisors will be elected.  Such election shall be held in
2283	conjunction with a primary or general election unless the
2284	district bears the cost of a special election.  Each member
2285	shall be elected by the qualified electors of the district for a
2286	term of 4 years, except that, at the first such election, three
2287	members shall be elected for a period of 4 years and two members
2288	shall be elected for a period of 2 years.  All elected board
2289	members must be qualified electors of the district.
2290	2.a.  Regardless of whether a district has proposed to levy
2291	ad valorem taxes, commencing 6 years after the initial
2292	appointment of members or, for a district exceeding 5,000 acres
2293	in area, 10 years after the initial appointment of members, the
2294	position of each member whose term has expired shall be filled
2295	by a qualified elector of the district, elected by the qualified
2296	electors of the district.  However, for those districts
2297	established after June 21, 1991, and for those existing
2298	districts established after December 31, 1983, which have less
2299	than 50 qualified electors on June 21, 1991, sub-subparagraphs
2300	b. and d. c. shall apply.
2301	b.  For those districts to which this sub-subparagraph
2302	applies If, in the 6th year after the initial appointment of
2303	members, or 10 years after such initial appointment for
2304	districts exceeding 5,000 acres in area, there are not at least
2305	250 qualified electors in the district, or for a district
2306	exceeding 5,000 acres, there are not at least 500 qualified
2307	electors, members of the board shall continue to be elected by
2308	landowners.
2309	b.  After the 6th or 10th year, once a district reaches 250
2310	or 500 qualified electors, respectively, then the positions
2311	position of two board members whose terms are expiring shall be
2312	filled by qualified electors of the district, elected by the
2313	qualified electors of the district for 4-year terms.  One of
2314	these board members shall serve a 2-year term, and the other a
2315	4-year term.  The remaining board member whose term is expiring
2316	shall be elected for a 4-year term by the landowners and is not
2317	required to be a qualified elector. Thereafter, as terms expire,
2318	board members shall be qualified electors elected by qualified
2319	electors of the district for a term of 4 years.
2320	c.  Once a district qualifies to have any of its board
2321	members elected by the qualified electors of the district, the
2322	initial and all subsequent elections by the qualified electors
2323	of the district shall be held at the general election in
2324	November. The board shall adopt a resolution if necessary to
2325	implement this requirement when the board determines the number
2326	of qualified electors as required by sub-subparagraph d., to
2327	extend or reduce the terms of current board members.
2328	d.c.  On or before June 1 July 15 of each year, the board
2329	shall determine the number of qualified electors in the district
2330	as of the immediately preceding April 15 June 1.  The board
2331	shall use and rely upon the official records maintained by the
2332	supervisor of elections and property appraiser or tax collector
2333	in each county in making this determination.  Such determination
2334	shall be made at a properly noticed meeting of the board and
2335	shall become a part of the official minutes of the district.
2336	(b)  Elections of board members by qualified electors held
2337	pursuant to this subsection shall be nonpartisan and shall be
2338	conducted in the manner prescribed by law for holding general
2339	elections. Board members shall assume the office on the second
2340	Tuesday following their election.
2341	(c)  Candidates seeking election to office by qualified
2342	electors under this subsection shall conduct their campaigns in
2343	accordance with the provisions of chapter 106 and shall file
2344	qualifying papers and qualify for individual seats in accordance
2345	with s. 99.061. Candidates shall pay a qualifying fee, which
2346	shall consist of a filing fee and an election assessment or, as
2347	an alternative, shall file a petition signed by not less than 1
2348	percent of the registered voters of the district, Candidates
2349	shall file petitions, and take the oath required in s. 99.021,
2350	with the supervisor of elections in the county affected by such
2351	candidacy. The amount of the filing fee is 3 percent of $4,800;
2352	however, if the electors have provided for compensation pursuant
2353	to subsection (8), the amount of the filing fee is 3 percent of
2354	the maximum annual compensation so provided. The amount of the
2355	election assessment is 1 percent of $4,800; however, if the
2356	electors have provided for compensation pursuant to subsection
2357	(8), the amount of the election assessment is 1 percent of the
2358	maximum annual compensation so provided. The filing fee and
2359	election assessment shall be distributed as provided in s.
2360	105.031(3).
2361	(d)  The supervisor of elections shall appoint the
2362	inspectors and clerks of elections, prepare and furnish the
2363	ballots, designate polling places, and canvass the returns of
2364	the election of board members by qualified electors.  The county
2365	canvassing board of county commissioners shall declare and
2366	certify the results of the election.
2367	(4)  Members of the board shall be known as supervisors
2368	and, upon entering into office, shall take and subscribe to the
2369	oath of office as prescribed by s. 876.05.  They shall hold
2370	office for the terms for which they were elected or appointed
2371	and until their successors are chosen and qualified. If, during
2372	the term of office, a vacancy occurs, the remaining members of
2373	the board shall fill the vacancy by an appointment for the
2374	remainder of the unexpired term.
2375	(5)  A majority of the members of the board constitutes a
2376	quorum for the purposes of conducting its business and
2377	exercising its powers and for all other purposes.  Action taken
2378	by the district shall be upon a vote of a majority of the
2379	members present unless general law or a rule of the district
2380	requires a greater number.
2381	(6)  As soon as practicable after each election or
2382	appointment, the board shall organize by electing one of its
2383	members as chair and by electing a secretary, who need not be a
2384	member of the board, and such other officers as the board may
2385	deem necessary.
2386	(7)  The board shall keep a permanent record book entitled
2387	"Record of Proceedings of  . . . (name of district) . . .
2388	Community Development District," in which shall be recorded
2389	minutes of all meetings, resolutions, proceedings, certificates,
2390	bonds given by all employees, and any and all corporate acts.
2391	The record book shall at reasonable times be opened to
2392	inspection in the same manner as state, county, and municipal
2393	records pursuant to chapter 119.  The record book shall be kept
2394	at the office or other regular place of business maintained by
2395	the board in the county or municipality in which the district is
2396	located or within the boundaries of a development of regional
2397	impact or Florida Quality Development, or combination of a
2398	development of regional impact and Florida Quality Development,
2399	which includes the district.
2400	(8)  Each supervisor shall be entitled to receive for his
2401	or her services an amount not to exceed $200 per meeting of the
2402	board of supervisors, not to exceed $4,800 per year per
2403	supervisor, or an amount established by the electors at
2404	referendum.  In addition, each supervisor shall receive travel
2405	and per diem expenses as set forth in s. 112.061.
2406	(9)  All meetings of the board shall be open to the public
2407	and governed by the provisions of chapter 286.
2408	Section 36.  This act shall take effect October 1, 2004.
2409
2410	================= T I T L E  A M E N D M E N T =================
2411	Remove the entire title, and insert:
2412	A bill to be entitled
2413	An act relating to condominium and community associations;
2414	amending s. 718.111, F.S.; providing immunity from
2415	liability for certain information provided by associations
2416	to prospective purchasers or lienholders under certain
2417	circumstances; amending s. 720.303, F.S.; requiring
2418	specific notice to be given to association members before
2419	certain assessments or rule changes may be considered at a
2420	meeting; amending s. 768.1325, F.S.; providing immunity
2421	from civil liability for community associations that
2422	provide automated defibrillator devices under certain
2423	circumstances; prohibiting insurers from requiring
2424	associations to purchase medical malpractice coverage as a
2425	condition of issuing other coverage; prohibiting insurers
2426	from excluding from coverage under a general liability
2427	policy damages resulting from the use of an automated
2428	external defibrillator device; amending ss. 718.112 and
2429	719.1055, F.S.; revising notification and voting
2430	procedures with respect to any vote to forego retrofitting
2431	of the common areas of condominiums and cooperatives with
2432	fire sprinkler systems; creating s. 718.5011, F.S.;
2433	creating the Office of the Condominium Ombudsman within
2434	the Division of Florida Land Sales, Condominiums, and
2435	Mobile Homes; directing the Secretary of Business and
2436	Professional Regulation to appoint the ombudsman;
2437	requiring the ombudsman to be an attorney; providing for
2438	the filling of a vacant ombudsman position; prohibiting
2439	the ombudsman and staff from engaging in any other
2440	profession, serving as a representative or employee of any
2441	political party, or receiving remuneration for activities
2442	on behalf of political candidates; prohibiting the
2443	ombudsman and staff from seeking public office unless
2444	resigned from the Office of the Condominium Ombudsman;
2445	providing requirements and limitations for office staff;
2446	creating s. 718.5012, F.S.; providing for powers and
2447	duties of the ombudsman; requiring the ombudsman to
2448	prepare and issue reports and make recommendations to
2449	specified persons; directing the ombudsman to be a liaison
2450	between certain parties, to monitor condominium elections,
2451	to assist unit owners and boards of directors, and to
2452	encourage voluntary resolutions to disputes before filing
2453	the matter as a formal complaint; creating s. 718.5014,
2454	F.S.; providing for the principal location of the
2455	ombudsman's office in Leon County; authorizing the
2456	ombudsman to establish branch offices elsewhere in the
2457	state under specified circumstances; creating s. 718.5015,
2458	F.S.; creating the Advisory Council on Condominiums;
2459	providing for appointments by the President of the Senate,
2460	the Speaker of the House of Representatives, and the
2461	Governor; providing limited compensation and other terms
2462	of service; specifying functions; amending s. 718.503,
2463	F.S.; requiring unit owners who are not developers to
2464	provide a specific question and answer disclosure document
2465	to certain prospective purchasers; creating s. 720.401,
2466	F.S.; providing legislative intent relating to the revival
2467	of governance of a community; creating s. 720.402, F.S.;
2468	providing eligibility to revive governance documents;
2469	specifying prerequisites to reviving governance documents;
2470	creating s. 720.403, F.S.; requiring the formation of an
2471	organizing committee; providing for membership; providing
2472	duties and responsibilities of the organizing committee;
2473	directing the organizing committee to prepare certain
2474	documents; providing for the contents of the documents;
2475	providing for a vote of the eligible parcel owners;
2476	creating s. 720.404, F.S.; directing the organizing
2477	committee to file certain documents with the Department of
2478	Community Affairs; specifies the content of the submission
2479	to the department; requiring the department to approve or
2480	disapprove the request to revive the governance documents
2481	within a specified time period; creating s. 720.405, F.S.;
2482	requiring the organizing committee to file and record
2483	certain documents within a specified time period;
2484	directing the organizing committee to give all affected
2485	parcel owners a copy of the documents filed and recorded;
2486	amending ss. 720.301 and 720.302, F.S.; conforming
2487	provisions to changes made by the act; providing
2488	definitions; prescribing a legislative purpose of
2489	providing alternative dispute resolution procedures for
2490	disputes involving elections and recalls; amending s.
2491	720.303, F.S.; prescribing the right of an association to
2492	enforce deed restrictions; prescribing rights of members
2493	and parcel owners to attend and address association board
2494	meetings and to have items placed on an agenda;
2495	prescribing additional requirements for notice of
2496	meetings; providing for additional materials to be
2497	maintained as records; providing additional requirements
2498	and limitations with respect to inspecting and copying
2499	records; providing requirements with respect to financial
2500	statements; providing procedures for recall of directors;
2501	amending s. 720.304, F.S.; prescribing owners' rights with
2502	respect to flag display; prohibiting certain lawsuits
2503	against parcel owners; providing penalties; allowing a
2504	parcel owner to construct a ramp for a parcel resident who
2505	has a medical need for a ramp; providing conditions;
2506	allowing the display of a security-services sign; amending
2507	s. 720.305, F.S.; providing that a fine by an association
2508	cannot become a lien against a parcel; providing for
2509	attorney's fees in actions to recover fines; creating s.
2510	720.3055, F.S.; prescribing requirements for contracts for
2511	products and services; amending s. 720.306, F.S.;
2512	providing for notice of and right to speak at member
2513	meetings; requiring election disputes between a member and
2514	an association to be submitted to mandatory binding
2515	arbitration; amending s. 720.311, F.S.; expanding
2516	requirements and guidelines with respect to alternative
2517	dispute resolution; providing requirements for mediation
2518	and arbitration; providing for training and education
2519	programs; amending s. 718.110, F.S.; restricting the
2520	application of certain amendments restricting owners'
2521	rental rights; transferring, renumbering, and amending s.
2522	689.26, F.S.; modifying the disclosure form that a
2523	prospective purchaser must receive before a contract for
2524	sale; providing that certain contracts are voidable for a
2525	specified period; requiring that a purchaser provide
2526	written notice of cancellation; transferring and
2527	renumbering s. 689.265, F.S., relating to required
2528	financial reports of certain residential subdivision
2529	developers; amending s. 498.025, F.S., relating to the
2530	disposition of subdivided lands; conforming cross-
2531	references; creating s. 720.602, F.S.; providing remedies
2532	for publication of false and misleading information;
2533	amending s. 34.01, F.S.; providing jurisdiction of
2534	disputes involving homeowners' associations; amending ss.
2535	316.00825 and 558.002, F.S.; conforming cross-references;
2536	providing for internal organization of ch. 720, F.S.;
2537	amending s. 190.012, F.S.; providing for the enforcement
2538	of deed restrictions in certain circumstances; amending s.
2539	190.046, F.S.; providing for additional dissolution
2540	procedures; amending s. 190.006, F.S.; specifying
2541	procedures for selecting a chair at the initial
2542	landowners' meeting; specifying requirements for proxy
2543	voting; requiring notice of landowners' elections;
2544	specifying the terms of certain supervisors; providing for
2545	nonpartisan elections; specifying the time that resident
2546	supervisors assume office; authorizing the supervisor of
2547	elections to designate seat numbers for resident
2548	supervisors of the board; providing procedures for filing
2549	qualifying papers; allowing candidates the option of
2550	paying a filing fee to qualify for the election;
2551	specifying payment requirements; specifying the number of
2552	petition signatures required to qualify for the election;
2553	requiring the county canvassing board to certify the
2554	results of resident elections; providing an effective
2555	date.

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