Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 436
       
       
       
       
       
       
                                Barcode 780354                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2013           .                                
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       The Committee on Regulated Industries (Legg) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (9) of section 399.02, Florida
    6  Statutes, is amended to read:
    7         399.02 General requirements.—
    8         (9) Updates to the Safety Code for Existing Elevators and
    9  Escalators, ASME A17.1 and A17.3, which require Phase II
   10  Firefighters’ Service on elevators may not be enforced until
   11  July 1, 2015, or until the elevator is replaced or requires
   12  major modification, whichever occurs first, on elevators in
   13  condominiums or multifamily residential buildings, including
   14  those that are part of a continuing care facility licensed under
   15  chapter 651, or similar retirement community with apartments,
   16  having a certificate of occupancy by the local building
   17  authority that was issued before July 1, 2008. This exception
   18  does not prevent an elevator owner from requesting a variance
   19  from the applicable codes before or after July 1, 2015. This
   20  subsection does not prohibit the division from granting
   21  variances pursuant to s. 120.542 and subsection (8). The
   22  division shall adopt rules to administer this subsection.
   23         Section 2. Subsection (2) of section 514.0115, Florida
   24  Statutes, is amended to read:
   25         514.0115 Exemptions from supervision or regulation;
   26  variances.—
   27         (2)(a) Pools serving no more than 32 condominium units, or
   28  cooperative units, or parcels in a homeowners’ association as
   29  defined in s. 720.301, which are not operated as a transient
   30  public lodging establishment, are shall be exempt from
   31  supervision under this chapter, except for water quality.
   32         (b) Pools serving more than 32 condominium units, or
   33  cooperative units, or parcels in a homeowners’ association as
   34  defined in s. 720.301, associations of more than 32 units and
   35  whose recorded documents prohibit the rental or sublease of the
   36  units or parcels for periods of less than 60 days are exempt
   37  from supervision under this chapter, except that the
   38  condominium, or cooperative, or parcel owner or association must
   39  file applications with the department and obtain construction
   40  plans approval and receive an initial operating permit. The
   41  department shall inspect the swimming pools at such places
   42  annually, at the fee set forth in s. 514.033(3), or upon request
   43  by a unit owner, to determine compliance with department rules
   44  relating to water quality and lifesaving equipment. The
   45  department may not require compliance with rules relating to
   46  swimming pool lifeguard standards.
   47         Section 3. Subsection (8), paragraphs (g) and (j) of
   48  subsection (11), paragraph (c) of subsection (12), and
   49  paragraphs (a) and (b) of subsection (13) of section 718.111,
   50  Florida Statutes, are amended to read:
   51         718.111 The association.—
   52         (8) PURCHASE OF LEASES.—The association has the power to
   53  purchase any land or recreation lease, subject to the same
   54  manner of approval as in s. 718.114 for the acquisition of
   55  leaseholds upon the approval of such voting interest as is
   56  required by the declaration. If the declaration makes no
   57  provision for acquisition of the land or recreation lease, the
   58  vote required shall be that required to amend the declaration to
   59  permit the acquisition.
   60         (11) INSURANCE.—In order to protect the safety, health, and
   61  welfare of the people of the State of Florida and to ensure
   62  consistency in the provision of insurance coverage to
   63  condominiums and their unit owners, this subsection applies to
   64  every residential condominium in the state, regardless of the
   65  date of its declaration of condominium. It is the intent of the
   66  Legislature to encourage lower or stable insurance premiums for
   67  associations described in this subsection.
   68         (g) A condominium unit owner’s policy must conform to the
   69  requirements of s. 627.714.
   70         1. All reconstruction work after a property loss must be
   71  undertaken by the association except as otherwise authorized in
   72  this section. A unit owner may undertake reconstruction work on
   73  portions of the unit with the prior written consent of the board
   74  of administration. However, such work may be conditioned upon
   75  the approval of the repair methods, the qualifications of the
   76  proposed contractor, or the contract that is used for that
   77  purpose. A unit owner must obtain all required governmental
   78  permits and approvals before commencing reconstruction.
   79         2. Unit owners are responsible for the cost of
   80  reconstruction of any portions of the condominium property for
   81  which the unit owner is required to carry property insurance, or
   82  for which the unit owner is responsible under paragraph (j), and
   83  the cost of any such reconstruction work undertaken by the
   84  association is chargeable to the unit owner and enforceable as
   85  an assessment and may be collected in the manner provided for
   86  the collection of assessments pursuant to s. 718.116.
   87         3. A multicondominium association may elect, by a majority
   88  vote of the collective members of the condominiums operated by
   89  the association, to operate the condominiums as a single
   90  condominium for purposes of insurance matters, including, but
   91  not limited to, the purchase of the property insurance required
   92  by this section and the apportionment of deductibles and damages
   93  in excess of coverage. The election to aggregate the treatment
   94  of insurance premiums, deductibles, and excess damages
   95  constitutes an amendment to the declaration of all condominiums
   96  operated by the association, and the costs of insurance must be
   97  stated in the association budget. The amendments must be
   98  recorded as required by s. 718.110.
   99         (j) Any portion of the condominium property that must be
  100  insured by the association against property loss pursuant to
  101  paragraph (f) which is damaged by an insurable event shall be
  102  reconstructed, repaired, or replaced as necessary by the
  103  association as a common expense. All property insurance
  104  deductibles, uninsured losses, and other damages in excess of
  105  property insurance coverage under the property insurance
  106  policies maintained by the association are a common expense of
  107  the condominium, except that:
  108         1. A unit owner is responsible for the costs of repair or
  109  replacement of any portion of the condominium property not paid
  110  by insurance proceeds if such damage is caused by intentional
  111  conduct, negligence, or failure to comply with the terms of the
  112  declaration or the rules of the association by a unit owner, the
  113  members of his or her family, unit occupants, tenants, guests,
  114  or invitees, without compromise of the subrogation rights of the
  115  insurer.
  116         2. The provisions of subparagraph 1. regarding the
  117  financial responsibility of a unit owner for the costs of
  118  repairing or replacing other portions of the condominium
  119  property also apply to the costs of repair or replacement of
  120  personal property of other unit owners or the association, as
  121  well as other property, whether real or personal, which the unit
  122  owners are required to insure.
  123         3. To the extent the cost of repair or reconstruction for
  124  which the unit owner is responsible under this paragraph is
  125  reimbursed to the association by insurance proceeds, and the
  126  association has collected the cost of such repair or
  127  reconstruction from the unit owner, the association shall
  128  reimburse the unit owner without the waiver of any rights of
  129  subrogation.
  130         4. The association is not obligated to pay for
  131  reconstruction or repairs of property losses as a common expense
  132  if the property losses were known or should have been known to a
  133  unit owner and were not reported to the association until after
  134  the insurance claim of the association for that property was
  135  settled or resolved with finality, or denied because it was
  136  untimely filed.
  137         (12) OFFICIAL RECORDS.—
  138         (c) The official records of the association are open to
  139  inspection by any association member or the authorized
  140  representative of such member at all reasonable times. The right
  141  to inspect the records includes the right to make or obtain
  142  copies, at the reasonable expense, if any, of the member. The
  143  association may adopt reasonable rules regarding the frequency,
  144  time, location, notice, and manner of record inspections and
  145  copying. The failure of an association to provide the records
  146  within 10 working days after receipt of a written request
  147  creates a rebuttable presumption that the association willfully
  148  failed to comply with this paragraph. A unit owner who is denied
  149  access to official records is entitled to the actual damages or
  150  minimum damages for the association’s willful failure to comply.
  151  Minimum damages are $50 per calendar day for up to 10 days,
  152  beginning on the 11th working day after receipt of the written
  153  request. The failure to permit inspection entitles any person
  154  prevailing in an enforcement action to recover reasonable
  155  attorney attorney’s fees from the person in control of the
  156  records who, directly or indirectly, knowingly denied access to
  157  the records. Any person who knowingly or intentionally defaces
  158  or destroys accounting records that are required by this chapter
  159  to be maintained during the period for which such records are
  160  required to be maintained, or who knowingly or intentionally
  161  fails to create or maintain accounting records that are required
  162  to be created or maintained, with the intent of causing harm to
  163  the association or one or more of its members, is personally
  164  subject to a civil penalty pursuant to s. 718.501(1)(d). The
  165  association shall maintain an adequate number of copies of the
  166  declaration, articles of incorporation, bylaws, and rules, and
  167  all amendments to each of the foregoing, as well as the question
  168  and answer sheet as described in s. 718.504 and year-end
  169  financial information required under this section, on the
  170  condominium property to ensure their availability to unit owners
  171  and prospective purchasers, and may charge its actual costs for
  172  preparing and furnishing these documents to those requesting the
  173  documents. An association shall allow a member or his or her
  174  authorized representative to use a portable device, including a
  175  smartphone, tablet, portable scanner, or any other technology
  176  capable of scanning or taking photographs, to make an electronic
  177  copy of the official records in lieu of the association’s
  178  providing the member or his or her authorized representative
  179  with a copy of such records. The association may not charge a
  180  member or his or her authorized representative for the use of a
  181  portable device. Notwithstanding this paragraph, the following
  182  records are not accessible to unit owners:
  183         1. Any record protected by the lawyer-client privilege as
  184  described in s. 90.502 and any record protected by the work
  185  product privilege, including a record prepared by an association
  186  attorney or prepared at the attorney’s express direction, which
  187  reflects a mental impression, conclusion, litigation strategy,
  188  or legal theory of the attorney or the association, and which
  189  was prepared exclusively for civil or criminal litigation or for
  190  adversarial administrative proceedings, or which was prepared in
  191  anticipation of such litigation or proceedings until the
  192  conclusion of the litigation or proceedings.
  193         2. Information obtained by an association in connection
  194  with the approval of the lease, sale, or other transfer of a
  195  unit.
  196         3. Personnel records of association or management company
  197  employees, including, but not limited to, disciplinary, payroll,
  198  health, and insurance records. For purposes of this
  199  subparagraph, the term “personnel records” does not include
  200  written employment agreements with an association employee or
  201  management company, or budgetary or financial records that
  202  indicate the compensation paid to an association employee.
  203         4. Medical records of unit owners.
  204         5. Social security numbers, driver driver’s license
  205  numbers, credit card numbers, e-mail addresses, telephone
  206  numbers, facsimile numbers, emergency contact information,
  207  addresses of a unit owner other than as provided to fulfill the
  208  association’s notice requirements, and other personal
  209  identifying information of any person, excluding the person’s
  210  name, unit designation, mailing address, property address, and
  211  any address, e-mail address, or facsimile number provided to the
  212  association to fulfill the association’s notice requirements.
  213  However, an owner may consent in writing to the disclosure of
  214  protected information described in this subparagraph. The
  215  association is not liable for the inadvertent disclosure of
  216  information that is protected under this subparagraph if the
  217  information is included in an official record of the association
  218  and is voluntarily provided by an owner and not requested by the
  219  association.
  220         6.  Electronic security measures that are used by the
  221  association to safeguard data, including passwords.
  222         7. The software and operating system used by the
  223  association which allow the manipulation of data, even if the
  224  owner owns a copy of the same software used by the association.
  225  The data is part of the official records of the association.
  226         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  227  the fiscal year, or annually on a date provided in the bylaws,
  228  the association shall prepare and complete, or contract for the
  229  preparation and completion of, a financial report for the
  230  preceding fiscal year. Within 21 days after the final financial
  231  report is completed by the association or received from the
  232  third party, but not later than 120 days after the end of the
  233  fiscal year or other date as provided in the bylaws, the
  234  association shall mail to each unit owner at the address last
  235  furnished to the association by the unit owner, or hand deliver
  236  to each unit owner, a copy of the financial report or a notice
  237  that a copy of the financial report will be mailed or hand
  238  delivered to the unit owner, without charge, upon receipt of a
  239  written request from the unit owner. The division shall adopt
  240  rules setting forth uniform accounting principles and standards
  241  to be used by all associations and addressing the financial
  242  reporting requirements for multicondominium associations. The
  243  rules must include, but not be limited to, standards for
  244  presenting a summary of association reserves, including a good
  245  faith estimate disclosing the annual amount of reserve funds
  246  that would be necessary for the association to fully fund
  247  reserves for each reserve item based on the straight-line
  248  accounting method. This disclosure is not applicable to reserves
  249  funded via the pooling method. In adopting such rules, the
  250  division shall consider the number of members and annual
  251  revenues of an association. Financial reports shall be prepared
  252  as follows:
  253         (a) An association that meets the criteria of this
  254  paragraph shall prepare a complete set of financial statements
  255  in accordance with generally accepted accounting principles. The
  256  financial statements must be based upon the association’s total
  257  annual revenues, as follows:
  258         1. An association with total annual revenues of $200,000
  259  $100,000 or more, but less than $300,000 $200,000, shall prepare
  260  compiled financial statements.
  261         2. An association with total annual revenues of at least
  262  $300,000 $200,000, but less than $500,000 $400,000, shall
  263  prepare reviewed financial statements.
  264         3. An association with total annual revenues of $500,000
  265  $400,000 or more shall prepare audited financial statements.
  266         (b)1. An association with total annual revenues of less
  267  than $200,000 $100,000 shall prepare a report of cash receipts
  268  and expenditures.
  269         2. An association that operates fewer than 75 units,
  270  regardless of the association’s annual revenues, shall prepare a
  271  report of cash receipts and expenditures in lieu of financial
  272  statements required by paragraph (a).
  273         3. A report of cash receipts and disbursements must
  274  disclose the amount of receipts by accounts and receipt
  275  classifications and the amount of expenses by accounts and
  276  expense classifications, including, but not limited to, the
  277  following, as applicable: costs for security, professional and
  278  management fees and expenses, taxes, costs for recreation
  279  facilities, expenses for refuse collection and utility services,
  280  expenses for lawn care, costs for building maintenance and
  281  repair, insurance costs, administration and salary expenses, and
  282  reserves accumulated and expended for capital expenditures,
  283  deferred maintenance, and any other category for which the
  284  association maintains reserves.
  285         Section 4. Paragraphs (d) and (j) of subsection (2) of
  286  section 718.112, Florida Statutes, are amended to read:
  287         718.112 Bylaws.—
  288         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  289  following and, if they do not do so, shall be deemed to include
  290  the following:
  291         (d) Unit owner meetings.—
  292         1. An annual meeting of the unit owners shall be held at
  293  the location provided in the association bylaws and, if the
  294  bylaws are silent as to the location, the meeting shall be held
  295  within 45 miles of the condominium property. However, such
  296  distance requirement does not apply to an association governing
  297  a timeshare condominium.
  298         2. Unless the bylaws provide otherwise, a vacancy on the
  299  board caused by the expiration of a director’s term shall be
  300  filled by electing a new board member, and the election must be
  301  by secret ballot. An election is not required if the number of
  302  vacancies equals or exceeds the number of candidates. For
  303  purposes of this paragraph, the term “candidate” means an
  304  eligible person who has timely submitted the written notice, as
  305  described in sub-subparagraph 4.a., of his or her intention to
  306  become a candidate. Except in a timeshare condominium, or if the
  307  staggered term of a board member does not expire until a later
  308  annual meeting, or if all members’ terms would otherwise expire
  309  but there are no candidates, the terms of all board members
  310  expire at the annual meeting, and such members may stand for
  311  reelection unless prohibited by the bylaws. If the bylaws or
  312  articles of incorporation permit staggered terms of no more than
  313  2 years and upon approval of a majority of the total voting
  314  interests, the association board members may serve 2-year
  315  staggered terms. If the number of board members whose terms
  316  expire at the annual meeting equals or exceeds the number of
  317  candidates, the candidates become members of the board effective
  318  upon the adjournment of the annual meeting. Unless the bylaws
  319  provide otherwise, any remaining vacancies shall be filled by
  320  the affirmative vote of the majority of the directors making up
  321  the newly constituted board even if the directors constitute
  322  less than a quorum or there is only one director. In a
  323  condominium association of more than 10 units or in a
  324  condominium association that does not include timeshare units or
  325  timeshare interests, coowners of a unit may not serve as members
  326  of the board of directors at the same time unless they own more
  327  than one unit or unless there are not enough eligible candidates
  328  to fill the vacancies on the board at the time of the vacancy.
  329  Any unit owner desiring to be a candidate for board membership
  330  must comply with sub-subparagraph 4.a. and must be eligible to
  331  be a candidate to serve on the board of directors at the time of
  332  the deadline for submitting a notice of intent to run in order
  333  to have his or her name listed as a proper candidate on the
  334  ballot or to serve on the board. A person who has been suspended
  335  or removed by the division under this chapter, or who is
  336  delinquent in the payment of any monetary obligation due to the
  337  association fee, fine, or special or regular assessment as
  338  provided in paragraph (n), is not eligible to be a candidate for
  339  board membership and may not be listed on the ballot. A person
  340  who has been convicted of any felony in this state or in a
  341  United States District or Territorial Court, or who has been
  342  convicted of any offense in another jurisdiction which would be
  343  considered a felony if committed in this state, is not eligible
  344  for board membership unless such felon’s civil rights have been
  345  restored for at least 5 years as of the date such person seeks
  346  election to the board. The validity of an action by the board is
  347  not affected if it is later determined that a board member is
  348  ineligible for board membership due to having been convicted of
  349  a felony.
  350         3. The bylaws must provide the method of calling meetings
  351  of unit owners, including annual meetings. Written notice must
  352  include an agenda, must be mailed, hand delivered, or
  353  electronically transmitted to each unit owner at least 14 days
  354  before the annual meeting, and must be posted in a conspicuous
  355  place on the condominium property at least 14 continuous days
  356  before the annual meeting. Upon notice to the unit owners, the
  357  board shall, by duly adopted rule, designate a specific location
  358  on the condominium property or association property where all
  359  notices of unit owner meetings shall be posted. This requirement
  360  does not apply if there is no condominium property or
  361  association property for posting notices. In lieu of, or in
  362  addition to, the physical posting of meeting notices, the
  363  association may, by reasonable rule, adopt a procedure for
  364  conspicuously posting and repeatedly broadcasting the notice and
  365  the agenda on a closed-circuit cable television system serving
  366  the condominium association. However, if broadcast notice is
  367  used in lieu of a notice posted physically on the condominium
  368  property, the notice and agenda must be broadcast at least four
  369  times every broadcast hour of each day that a posted notice is
  370  otherwise required under this section. If broadcast notice is
  371  provided, the notice and agenda must be broadcast in a manner
  372  and for a sufficient continuous length of time so as to allow an
  373  average reader to observe the notice and read and comprehend the
  374  entire content of the notice and the agenda. Unless a unit owner
  375  waives in writing the right to receive notice of the annual
  376  meeting, such notice must be hand delivered, mailed, or
  377  electronically transmitted to each unit owner. Notice for
  378  meetings and notice for all other purposes must be mailed to
  379  each unit owner at the address last furnished to the association
  380  by the unit owner, or hand delivered to each unit owner.
  381  However, if a unit is owned by more than one person, the
  382  association must provide notice to the address that the
  383  developer identifies for that purpose and thereafter as one or
  384  more of the owners of the unit advise the association in
  385  writing, or if no address is given or the owners of the unit do
  386  not agree, to the address provided on the deed of record. An
  387  officer of the association, or the manager or other person
  388  providing notice of the association meeting, must provide an
  389  affidavit or United States Postal Service certificate of
  390  mailing, to be included in the official records of the
  391  association affirming that the notice was mailed or hand
  392  delivered in accordance with this provision.
  393         4. The members of the board shall be elected by written
  394  ballot or voting machine. Proxies may not be used in electing
  395  the board in general elections or elections to fill vacancies
  396  caused by recall, resignation, or otherwise, unless otherwise
  397  provided in this chapter. This subparagraph does not apply to an
  398  association governing a timeshare condominium.
  399         a. At least 60 days before a scheduled election, the
  400  association shall mail, deliver, or electronically transmit, by
  401  separate association mailing or included in another association
  402  mailing, delivery, or transmission, including regularly
  403  published newsletters, to each unit owner entitled to a vote, a
  404  first notice of the date of the election. Any unit owner or
  405  other eligible person desiring to be a candidate for the board
  406  must give written notice of his or her intent to be a candidate
  407  to the association at least 40 days before a scheduled election.
  408  Together with the written notice and agenda as set forth in
  409  subparagraph 3., the association shall mail, deliver, or
  410  electronically transmit a second notice of the election to all
  411  unit owners entitled to vote, together with a ballot that lists
  412  all candidates. Upon request of a candidate, an information
  413  sheet, no larger than 81/2 inches by 11 inches, which must be
  414  furnished by the candidate at least 35 days before the election,
  415  must be included with the mailing, delivery, or transmission of
  416  the ballot, with the costs of mailing, delivery, or electronic
  417  transmission and copying to be borne by the association. The
  418  association is not liable for the contents of the information
  419  sheets prepared by the candidates. In order to reduce costs, the
  420  association may print or duplicate the information sheets on
  421  both sides of the paper. The division shall by rule establish
  422  voting procedures consistent with this sub-subparagraph,
  423  including rules establishing procedures for giving notice by
  424  electronic transmission and rules providing for the secrecy of
  425  ballots. Elections shall be decided by a plurality of ballots
  426  cast. There is no quorum requirement; however, at least 20
  427  percent of the eligible voters must cast a ballot in order to
  428  have a valid election. A unit owner may not permit any other
  429  person to vote his or her ballot, and any ballots improperly
  430  cast are invalid. A unit owner who violates this provision may
  431  be fined by the association in accordance with s. 718.303. A
  432  unit owner who needs assistance in casting the ballot for the
  433  reasons stated in s. 101.051 may obtain such assistance. The
  434  regular election must occur on the date of the annual meeting.
  435  Notwithstanding this sub-subparagraph, an election is not
  436  required unless more candidates file notices of intent to run or
  437  are nominated than board vacancies exist.
  438         b. Within 90 days after being elected or appointed to the
  439  board, each newly elected or appointed director shall certify in
  440  writing to the secretary of the association that he or she has
  441  read the association’s declaration of condominium, articles of
  442  incorporation, bylaws, and current written policies; that he or
  443  she will work to uphold such documents and policies to the best
  444  of his or her ability; and that he or she will faithfully
  445  discharge his or her fiduciary responsibility to the
  446  association’s members. In lieu of this written certification,
  447  within 90 days after being elected or appointed to the board,
  448  the newly elected or appointed director may submit a certificate
  449  of having satisfactorily completed the educational curriculum
  450  administered by a division-approved condominium education
  451  provider within 1 year before or 90 days after the date of
  452  election or appointment. The written certification or
  453  educational certificate is valid and does not have to be
  454  resubmitted as long as the director serves on the board without
  455  interruption. A director who fails to timely file the written
  456  certification or educational certificate is suspended from
  457  service on the board until he or she complies with this sub
  458  subparagraph. The board may temporarily fill the vacancy during
  459  the period of suspension. The secretary shall cause the
  460  association to retain a director’s written certification or
  461  educational certificate for inspection by the members for 5
  462  years after a director’s election or the duration of the
  463  director’s uninterrupted tenure, whichever is longer. Failure to
  464  have such written certification or educational certificate on
  465  file does not affect the validity of any board action.
  466         c. Any challenge to the election process must be commenced
  467  within 60 days after the election results are announced.
  468         5. Any approval by unit owners called for by this chapter
  469  or the applicable declaration or bylaws, including, but not
  470  limited to, the approval requirement in s. 718.111(8), must be
  471  made at a duly noticed meeting of unit owners and is subject to
  472  all requirements of this chapter or the applicable condominium
  473  documents relating to unit owner decisionmaking, except that
  474  unit owners may take action by written agreement, without
  475  meetings, on matters for which action by written agreement
  476  without meetings is expressly allowed by the applicable bylaws
  477  or declaration or any law that provides for such action.
  478         6. Unit owners may waive notice of specific meetings if
  479  allowed by the applicable bylaws or declaration or any law. If
  480  authorized by the bylaws, notice of meetings of the board of
  481  administration, unit owner meetings, except unit owner meetings
  482  called to recall board members under paragraph (j), and
  483  committee meetings may be given by electronic transmission to
  484  unit owners who consent to receive notice by electronic
  485  transmission.
  486         7. Unit owners have the right to participate in meetings of
  487  unit owners with reference to all designated agenda items.
  488  However, the association may adopt reasonable rules governing
  489  the frequency, duration, and manner of unit owner participation.
  490         8. A unit owner may tape record or videotape a meeting of
  491  the unit owners subject to reasonable rules adopted by the
  492  division.
  493         9. Unless otherwise provided in the bylaws, any vacancy
  494  occurring on the board before the expiration of a term may be
  495  filled by the affirmative vote of the majority of the remaining
  496  directors, even if the remaining directors constitute less than
  497  a quorum, or by the sole remaining director. In the alternative,
  498  a board may hold an election to fill the vacancy, in which case
  499  the election procedures must conform to sub-subparagraph 4.a.
  500  unless the association governs 10 units or fewer and has opted
  501  out of the statutory election process, in which case the bylaws
  502  of the association control. Unless otherwise provided in the
  503  bylaws, a board member appointed or elected under this section
  504  shall fill the vacancy for the unexpired term of the seat being
  505  filled. Filling vacancies created by recall is governed by
  506  paragraph (j) and rules adopted by the division.
  507         10. This chapter does not limit the use of general or
  508  limited proxies, require the use of general or limited proxies,
  509  or require the use of a written ballot or voting machine for any
  510  agenda item or election at any meeting of a timeshare
  511  condominium association.
  512  
  513  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  514  association of 10 or fewer units may, by affirmative vote of a
  515  majority of the total voting interests, provide for different
  516  voting and election procedures in its bylaws, which may be by a
  517  proxy specifically delineating the different voting and election
  518  procedures. The different voting and election procedures may
  519  provide for elections to be conducted by limited or general
  520  proxy.
  521         (j) Recall of board members.—Subject to the provisions of
  522  s. 718.301, any member of the board of administration may be
  523  recalled and removed from office with or without cause by the
  524  vote or agreement in writing by a majority of all the voting
  525  interests. A special meeting of the unit owners to recall a
  526  member or members of the board of administration may be called
  527  by 10 percent of the voting interests giving notice of the
  528  meeting as required for a meeting of unit owners, and the notice
  529  shall state the purpose of the meeting. Electronic transmission
  530  may not be used as a method of giving notice of a meeting called
  531  in whole or in part for this purpose.
  532         1. If the recall is approved by a majority of all voting
  533  interests by a vote at a meeting, the recall will be effective
  534  as provided in this paragraph herein. The board shall duly
  535  notice and hold a board meeting within 5 full business days
  536  after of the adjournment of the unit owner meeting to recall one
  537  or more board members. At the meeting, the board shall either
  538  certify the recall, in which case such member or members shall
  539  be recalled effective immediately and shall turn over to the
  540  board within 5 full business days any and all records and
  541  property of the association in their possession, or shall
  542  proceed as set forth in subparagraph 3.
  543         2. If the proposed recall is by an agreement in writing by
  544  a majority of all voting interests, the agreement in writing or
  545  a copy thereof shall be served on the association by certified
  546  mail or by personal service in the manner authorized by chapter
  547  48 and the Florida Rules of Civil Procedure. The board of
  548  administration shall duly notice and hold a meeting of the board
  549  within 5 full business days after receipt of the agreement in
  550  writing. At the meeting, the board shall either certify the
  551  written agreement to recall a member or members of the board, in
  552  which case such member or members shall be recalled effective
  553  immediately and shall turn over to the board within 5 full
  554  business days any and all records and property of the
  555  association in their possession, or proceed as described in
  556  subparagraph 3.
  557         3. If the board determines not to certify the written
  558  agreement to recall a member or members of the board, or does
  559  not certify the recall by a vote at a meeting, the board shall,
  560  within 5 full business days after the meeting, file with the
  561  division a petition for arbitration pursuant to the procedures
  562  in s. 718.1255. For the purposes of this section, the unit
  563  owners who voted at the meeting or who executed the agreement in
  564  writing shall constitute one party under the petition for
  565  arbitration. If the arbitrator certifies the recall as to any
  566  member or members of the board, the recall will be effective
  567  upon mailing of the final order of arbitration to the
  568  association. If the association fails to comply with the order
  569  of the arbitrator, the division may take action pursuant to s.
  570  718.501. Any member or members so recalled shall deliver to the
  571  board any and all records of the association in their possession
  572  within 5 full business days after of the effective date of the
  573  recall.
  574         4. If the board fails to duly notice and hold a board
  575  meeting within 5 full business days after of service of an
  576  agreement in writing or within 5 full business days after of the
  577  adjournment of the unit owner recall meeting, the recall shall
  578  be deemed effective and the board members so recalled shall
  579  immediately turn over to the board any and all records and
  580  property of the association.
  581         5. If the board fails to duly notice and hold the required
  582  meeting or fails to file the required petition, the unit owner
  583  representative may file a petition pursuant to s. 718.1255
  584  challenging the board’s failure to act. The petition must be
  585  filed within 60 days after the expiration of the applicable 5
  586  full-business-day period. The review of a petition under this
  587  subparagraph is limited to the sufficiency of service on the
  588  board and the facial validity of the written agreement or
  589  ballots filed.
  590         6.5. If a vacancy occurs on the board as a result of a
  591  recall or removal and less than a majority of the board members
  592  are removed, the vacancy may be filled by the affirmative vote
  593  of a majority of the remaining directors, notwithstanding any
  594  provision to the contrary contained in this subsection. If
  595  vacancies occur on the board as a result of a recall and a
  596  majority or more of the board members are removed, the vacancies
  597  shall be filled in accordance with procedural rules to be
  598  adopted by the division, which rules need not be consistent with
  599  this subsection. The rules must provide procedures governing the
  600  conduct of the recall election as well as the operation of the
  601  association during the period after a recall but before prior to
  602  the recall election.
  603         7. A board member who has been recalled may file a petition
  604  pursuant to s. 718.1255 challenging the validity of the recall.
  605  The petition must be filed within 60 days after the recall is
  606  deemed certified. The association and the unit owner
  607  representative shall be named as the respondents.
  608         8. The division may not accept for filing a recall
  609  petition, whether filed pursuant to subparagraph 1.,
  610  subparagraph 2., subparagraph 5., or subparagraph 7. and
  611  regardless of whether the recall was certified, when there are
  612  60 or fewer days until the scheduled reelection of the board
  613  member sought to be recalled or when 60 or fewer days have
  614  elapsed since the election of the board member sought to be
  615  recalled.
  616         Section 5. Subsection (5) of section 718.113, Florida
  617  Statutes, is amended to read:
  618         718.113 Maintenance; limitation upon improvement; display
  619  of flag; hurricane shutters and protection; display of religious
  620  decorations.—
  621         (5) Each board of administration shall adopt hurricane
  622  shutter specifications for each building within each condominium
  623  operated by the association which shall include color, style,
  624  and other factors deemed relevant by the board. All
  625  specifications adopted by the board must comply with the
  626  applicable building code.
  627         (a) The board may, subject to the provisions of s.
  628  718.3026, and the approval of a majority of voting interests of
  629  the condominium, install hurricane shutters, impact glass, or
  630  other code-compliant windows or doors, or other types of code
  631  compliant hurricane protection that comply complies with or
  632  exceed exceeds the applicable building code. However, a vote of
  633  the owners is not required if the maintenance, repair, and
  634  replacement of hurricane shutters, impact glass, or other code
  635  compliant windows or doors, or other types of code-compliant
  636  hurricane protection are the responsibility of the association
  637  pursuant to the declaration of condominium. If hurricane
  638  protection or laminated glass or window film architecturally
  639  designed to function as hurricane protection that which complies
  640  with or exceeds the current applicable building code has been
  641  previously installed, the board may not install hurricane
  642  shutters, hurricane protection, or impact glass, or other code
  643  compliant windows or doors, or other types of code-compliant
  644  hurricane protection except upon approval by a majority vote of
  645  the voting interests.
  646         (b) The association is responsible for the maintenance,
  647  repair, and replacement of the hurricane shutters, impact glass,
  648  code-compliant windows or doors, or other types of code
  649  compliant hurricane protection authorized by this subsection if
  650  such property hurricane shutters or other hurricane protection
  651  is the responsibility of the association pursuant to the
  652  declaration of condominium. If the hurricane shutters, impact
  653  glass, code-compliant windows or doors, or other types of code
  654  compliant hurricane protection authorized by this subsection are
  655  the responsibility of the unit owners pursuant to the
  656  declaration of condominium, the maintenance, repair, and
  657  replacement of such items are the responsibility of the unit
  658  owner.
  659         (c) The board may operate shutters, impact glass, code
  660  compliant windows or doors, or other types of code-compliant
  661  hurricane protection installed pursuant to this subsection
  662  without permission of the unit owners only if such operation is
  663  necessary to preserve and protect the condominium property and
  664  association property. The installation, replacement, operation,
  665  repair, and maintenance of such shutters, impact glass, code
  666  compliant windows or doors, or other types of code-compliant
  667  hurricane protection in accordance with the procedures set forth
  668  in this paragraph are not a material alteration to the common
  669  elements or association property within the meaning of this
  670  section.
  671         (d) Notwithstanding any other provision in the condominium
  672  documents, if approval is required by the documents, a board may
  673  not refuse to approve the installation or replacement of
  674  hurricane shutters, impact glass, code-compliant windows or
  675  doors, or other types of code-compliant hurricane protection by
  676  a unit owner conforming to the specifications adopted by the
  677  board.
  678         Section 6. Paragraph (e) of subsection (1) of section
  679  718.115, Florida Statutes, is amended to read:
  680         718.115 Common expenses and common surplus.—
  681         (1)
  682         (e) The expense of installation, replacement, operation,
  683  repair, and maintenance of hurricane shutters, impact glass,
  684  code-compliant windows or doors, or other types of code
  685  compliant hurricane protection by the board pursuant to s.
  686  718.113(5) constitutes shall constitute a common expense as
  687  defined herein and shall be collected as provided in this
  688  section if the association is responsible for the maintenance,
  689  repair, and replacement of the hurricane shutters, impact glass,
  690  code-compliant windows or doors, or other types of code
  691  compliant hurricane protection pursuant to the declaration of
  692  condominium. However, if the maintenance, repair, and
  693  replacement of the hurricane shutters, impact glass, code
  694  compliant windows or doors, or other types of code-compliant
  695  hurricane protection are is the responsibility of the unit
  696  owners pursuant to the declaration of condominium, the cost of
  697  the installation of the hurricane shutters, impact glass, code
  698  compliant windows or doors, or other types of code-compliant
  699  hurricane protection is shall not be a common expense and, but
  700  shall be charged individually to the unit owners based on the
  701  cost of installation of the hurricane shutters, impact glass,
  702  code-compliant windows or doors, or other types of code
  703  compliant hurricane protection appurtenant to the unit.
  704  Notwithstanding the provisions of s. 718.116(9), and regardless
  705  of whether or not the declaration requires the association or
  706  unit owners to maintain, repair, or replace hurricane shutters,
  707  impact glass, code-compliant windows or doors, or other types of
  708  code-compliant hurricane protection, a unit owner who has
  709  previously installed hurricane shutters in accordance with s.
  710  718.113(5) that comply with the current applicable building code
  711  shall receive a credit when the shutters are installed; a unit
  712  owner who has previously installed impact glass or code
  713  compliant windows or doors that comply with the current
  714  applicable building code shall receive a credit when the impact
  715  glass or code-compliant windows or doors are installed; and a
  716  unit owner who has installed, other types of code-compliant
  717  hurricane protection that comply with the current applicable
  718  building code shall receive a credit when the same type of other
  719  code-compliant hurricane protection is installed, and the or
  720  laminated glass architecturally designed to function as
  721  hurricane protection, which hurricane shutters or other
  722  hurricane protection or laminated glass comply with the current
  723  applicable building code, shall receive a credit shall be equal
  724  to the pro rata portion of the assessed installation cost
  725  assigned to each unit. However, such unit owner remains shall
  726  remain responsible for the pro rata share of expenses for
  727  hurricane shutters, impact glass, code-compliant windows or
  728  doors, or other types of code-compliant hurricane protection
  729  installed on common elements and association property by the
  730  board pursuant to s. 718.113(5), and remains shall remain
  731  responsible for a pro rata share of the expense of the
  732  replacement, operation, repair, and maintenance of such
  733  shutters, impact glass, code-compliant windows or doors, or
  734  other types of code-compliant hurricane protection.
  735         Section 7. Paragraph (a) of subsection (3) of section
  736  718.303, Florida Statutes, is amended to read:
  737         718.303 Obligations of owners and occupants; remedies.—
  738         (3) The association may levy reasonable fines for the
  739  failure of the owner of the unit or its occupant, licensee, or
  740  invitee to comply with any provision of the declaration, the
  741  association bylaws, or reasonable rules of the association. A
  742  fine may not become a lien against a unit. A fine may be levied
  743  on the basis of each day of a continuing violation, with a
  744  single notice and opportunity for hearing. However, the fine may
  745  not exceed $100 per violation, or $1,000 in the aggregate.
  746         (a) An association may suspend, for a reasonable period of
  747  time, the right of a unit owner, or a unit owner’s tenant,
  748  guest, or invitee, to use the common elements, common
  749  facilities, or any other association property for failure to
  750  comply with any provision of the declaration, the association
  751  bylaws, or reasonable rules of the association. This paragraph
  752  does not apply to limited common elements intended to be used
  753  only by that unit, common elements needed to access the unit,
  754  utility services provided to the unit, parking spaces, or
  755  elevators.
  756         Section 8. Subsection (1) of section 718.403, Florida
  757  Statutes, is amended to read:
  758         718.403 Phase condominiums.—
  759         (1) Notwithstanding the provisions of s. 718.110, a
  760  developer may develop a condominium in phases, if the original
  761  declaration of condominium submitting the initial phase to
  762  condominium ownership or an amendment to the declaration which
  763  has been approved by all of the unit owners and unit mortgagees
  764  provides for and describes in detail all anticipated phases; the
  765  impact, if any, which the completion of subsequent phases would
  766  have upon the initial phase; and the time period (which may not
  767  exceed 7 years from the date of recording the declaration of
  768  condominium) within which all phases must be added to the
  769  condominium and comply with the requirements of this section and
  770  at the end of which the right to add additional phases expires.
  771         (a) All phases must be added to the condominium within 7
  772  years after the date of recording the original declaration of
  773  condominium submitting the initial phase to condominium
  774  ownership unless an amendment extending the 7-year period is
  775  approved by the unit owners.
  776         (b) An amendment to extend the 7-year period requires the
  777  approval of the owners necessary to amend the declaration of
  778  condominium consistent with s. 718.110(1)(a). An extension of
  779  the 7-year period may be submitted for approval only during the
  780  last 3 years of the 7-year period.
  781         (c) An amendment must describe the period within which all
  782  phases must be added to the condominium and such period may not
  783  exceed 10 years after the date of recording the original
  784  declaration of condominium submitting the initial phase to
  785  condominium ownership.
  786         (d) Notwithstanding s. 718.110, an amendment extending the
  787  7-year period is not an amendment subject to s. 718.110(4).
  788         Section 9. Section 718.406, Florida Statutes, is created to
  789  read:
  790         718.406 Condominiums created within condominium parcels.—
  791         (1) Unless otherwise expressed in the declaration of
  792  condominium, if a condominium is created within a condominium
  793  parcel, the term:
  794         (a) “Primary condominium” means any condominium that is not
  795  a secondary condominium and contains one or more subdivided
  796  parcels.
  797         (b) “Primary condominium association” means any entity that
  798  operates a primary condominium.
  799         (c) “Primary condominium declaration” means the instrument
  800  or instruments by which a primary condominium is created, as
  801  they are from time to time amended.
  802         (d) “Secondary condominium” means one or more condominium
  803  parcels that have been submitted to condominium ownership
  804  pursuant to a secondary condominium declaration.
  805         (e) “Secondary condominium association” means any entity
  806  responsible for the operation of a secondary condominium.
  807         (f) “Secondary condominium declaration” means the
  808  instrument or instruments by which a secondary condominium is
  809  created, as they are from time to time amended.
  810         (g) “Secondary unit” means a unit that is part of a
  811  secondary condominium.
  812         (h) “Subdivided parcel” means a condominium parcel in a
  813  primary condominium that has been submitted to condominium
  814  ownership pursuant to a secondary condominium declaration.
  815         (2) Unless otherwise provided in the primary condominium
  816  declaration, if a condominium parcel is a subdivided parcel, the
  817  secondary condominium association responsible for operating the
  818  secondary condominium upon the subdivided parcel shall act on
  819  behalf of all of the unit owners of secondary units in the
  820  secondary condominium and shall exercise all rights of the
  821  secondary unit owners in the primary condominium association,
  822  other than the right of possession of the secondary unit. The
  823  secondary condominium association shall designate a
  824  representative who shall cast the vote of the subdivided parcel
  825  in the primary condominium association and, if no person is
  826  designated by the secondary condominium association to cast such
  827  vote, the vote shall be cast by the president of the secondary
  828  condominium association or the designee of the president.
  829         (3) Unless otherwise provided in the primary condominium
  830  declaration as originally recorded, no secondary condominium may
  831  be created upon any condominium parcel in the primary
  832  condominium, and no amendment to the primary condominium
  833  declaration may permit secondary condominiums to be created upon
  834  parcels in the primary condominium, unless the record owners of
  835  a majority of the condominium parcels join in the execution of
  836  the amendment.
  837         (4) If the primary condominium declaration permits the
  838  creation of a secondary condominium and a condominium parcel in
  839  the primary condominium is being submitted for condominium
  840  ownership to create a secondary condominium upon the primary
  841  condominium parcel, the approval of the board of administration
  842  of the primary condominium association is required in order to
  843  create the secondary condominium on the primary condominium
  844  parcel. Unless otherwise provided in the primary condominium
  845  declaration, the owners of condominium parcels in the primary
  846  condominium that will not be part of the proposed secondary
  847  condominium and the holders of liens upon such primary
  848  condominium parcels shall not have approval rights regarding the
  849  creation of the secondary condominium or the contents of the
  850  secondary condominium declaration being submitted. Only the
  851  board of administration of the primary condominium association,
  852  the owner of the subdivided parcel, and the holders of liens
  853  upon the subdivided parcel shall have approval rights regarding
  854  the creation of the secondary condominium and the contents of
  855  the secondary condominium declaration. In order for the
  856  recording of the secondary condominium declaration to be
  857  effective to create the secondary condominium, the board of
  858  administration of the primary condominium association, the owner
  859  of the subdivided parcel, and all holders of liens on the
  860  subdivided parcel must execute the secondary condominium
  861  declaration for the purpose of evidencing their approval.
  862         (5) An owner of a secondary unit is subject to both the
  863  primary condominium declaration and the secondary condominium
  864  declaration.
  865         (6) The primary condominium association may provide
  866  insurance required by s. 718.111(11) for common elements and
  867  other improvements within the secondary condominium if the
  868  primary condominium declaration permits the primary condominium
  869  association to provide such insurance for the benefit of the
  870  condominium property included in the subdivided parcel, in lieu
  871  of such insurance being provided by the secondary condominium
  872  association.
  873         (7) Unless otherwise provided in the primary condominium
  874  declaration, the board of administration of the primary
  875  condominium association may adopt hurricane shutter or hurricane
  876  protection specifications for each building within which
  877  subdivided parcels are located and govern any subdivided parcels
  878  in the primary condominium.
  879         (8) Any unit owner of, or holder of a first mortgage on, a
  880  secondary unit may register such unit owner’s or mortgagee’s
  881  interest in the secondary unit with the primary condominium
  882  association by delivering written notice to the primary
  883  condominium association. Once registered, the primary
  884  condominium association must provide written notice to such
  885  secondary unit owner and his, her, or its first mortgagee at
  886  least 30 days before instituting any foreclosure action against
  887  the subdivided parcel in which the secondary unit owner and his,
  888  her, or its first mortgagee hold an interest for failure of the
  889  subdivided parcel owner to pay any assessments or other amounts
  890  due to the primary condominium association. A foreclosure action
  891  against a subdivided parcel is not effective without an
  892  affidavit indicating that written notice of the foreclosure was
  893  timely sent to the names and addresses of secondary unit owners
  894  and first mortgagees registered with the primary condominium
  895  association pursuant to this subsection. The registered
  896  secondary unit owner or mortgagee has a right to pay the
  897  proportionate amount of the delinquent assessment attributable
  898  to the secondary unit in which the registered unit owner or
  899  mortgagee holds an interest. Upon such payment, the primary
  900  condominium association is obligated to promptly modify or
  901  partially release the record of lien on the primary condominium
  902  association so that the lien no longer encumbers such secondary
  903  unit. Alternatively, a registered secondary unit owner or
  904  mortgagee may pay the amount of all delinquent assessments
  905  attributed to the subdivided parcel and seek reimbursement for
  906  all such amounts paid and all costs incurred from the secondary
  907  condominium association, including, without limitation, the
  908  costs of collection other than the share allocable to the
  909  secondary unit on behalf of which such payment was made.
  910         (9) In the event of a conflict between the primary
  911  condominium declaration and the secondary condominium
  912  declaration, the primary condominium declaration controls.
  913         (10) All common expenses due to the primary condominium
  914  association with respect to a subdivided parcel are a common
  915  expense of the secondary condominium association and shall be
  916  collected by the secondary condominium association from its
  917  members and paid to the primary condominium association.
  918         Section 10. Subsection (2) of section 718.5011, Florida
  919  Statutes, is amended to read:
  920         718.5011 Ombudsman; appointment; administration.—
  921         (2) The Governor shall appoint the ombudsman. The ombudsman
  922  must be an attorney admitted to practice before the Florida
  923  Supreme Court and shall serve at the pleasure of the Governor. A
  924  vacancy in the office shall be filled in the same manner as the
  925  original appointment. An officer or full-time employee of the
  926  ombudsman’s office may not actively engage in any other business
  927  or profession that directly or indirectly relates to or
  928  conflicts with his or her work in the ombudsman’s office; serve
  929  as the representative of any political party, executive
  930  committee, or other governing body of a political party; serve
  931  as an executive, officer, or employee of a political party;
  932  receive remuneration for activities on behalf of any candidate
  933  for public office; or engage in soliciting votes or other
  934  activities on behalf of a candidate for public office. The
  935  ombudsman or any employee of his or her office may not become a
  936  candidate for election to public office unless he or she first
  937  resigns from his or her office or employment.
  938         Section 11. Paragraphs (b) and (c) of subsection (2) of
  939  section 719.104, Florida Statutes, are amended to read:
  940         719.104 Cooperatives; access to units; records; financial
  941  reports; assessments; purchase of leases.—
  942         (2) OFFICIAL RECORDS.—
  943         (b) The official records of the association shall be
  944  maintained within the state. The records of the association
  945  shall be made available to a unit owner within 5 working days
  946  after receipt of written request by the board or its designee.
  947  This paragraph may be complied with by having a copy of the
  948  official records available for inspection or copying on the
  949  cooperative property. An association shall allow a member or his
  950  or her authorized representative to use a portable device,
  951  including a smartphone, tablet, portable scanner, or any other
  952  technology capable of scanning or taking photographs, to make an
  953  electronic copy of the official records in lieu of the
  954  association’s providing the member or his or her authorized
  955  representative with a copy of such records. The association may
  956  not charge a member or his or her authorized representative for
  957  the use of a portable device.
  958         (c) The official records of the association shall be open
  959  to inspection by any association member or the authorized
  960  representative of such member at all reasonable times. Failure
  961  to permit inspection of the association records as provided in
  962  this subsection herein entitles any person prevailing in an
  963  enforcement action to recover reasonable attorney attorney’s
  964  fees from the person in control of the records who, directly or
  965  indirectly, knowingly denies access to the records for
  966  inspection. The right to inspect the records includes the right
  967  to make or obtain copies, at the reasonable expense, if any, of
  968  the association member. The association may adopt reasonable
  969  rules regarding the frequency, time, location, notice, and
  970  manner of record inspections and copying. The failure of an
  971  association to provide the records within 10 working days after
  972  receipt of a written request creates a rebuttable presumption
  973  that the association willfully failed to comply with this
  974  paragraph. A unit owner who is denied access to official records
  975  is entitled to the actual damages or minimum damages for the
  976  association’s willful failure to comply with this paragraph. The
  977  minimum damages shall be $50 per calendar day up to 10 days, the
  978  calculation to begin on the 11th day after receipt of the
  979  written request. The association shall maintain an adequate
  980  number of copies of the declaration, articles of incorporation,
  981  bylaws, and rules, and all amendments to each of the foregoing,
  982  as well as the question and answer sheet provided for in s.
  983  719.504, on the cooperative property to ensure their
  984  availability to unit owners and prospective purchasers, and may
  985  charge its actual costs for preparing and furnishing these
  986  documents to those requesting the same. Notwithstanding the
  987  provisions of this paragraph, the following records shall not be
  988  accessible to unit owners:
  989         1. Any record protected by the lawyer-client privilege as
  990  provided in s. 90.502; protected by the work-product privilege,
  991  including any record A record that was prepared by an
  992  association attorney or prepared at the attorney’s express
  993  direction; reflecting that reflects a mental impression,
  994  conclusion, litigation strategy, or legal theory of the attorney
  995  or the association; or that was prepared exclusively for civil
  996  or criminal litigation or for adversarial administrative
  997  proceedings or in anticipation of imminent civil or criminal
  998  litigation or imminent adversarial administrative proceedings,
  999  until the conclusion of the litigation or adversarial
 1000  administrative proceedings.
 1001         2. Information obtained by an association in connection
 1002  with the approval of the lease, sale, or other transfer of a
 1003  unit.
 1004         3. Medical records of unit owners.
 1005         4. Personnel records of association employees, including,
 1006  but not limited to, disciplinary, payroll, health, and insurance
 1007  records. For purposes of this subparagraph, the term “personnel
 1008  records” does not include written employment agreements with an
 1009  association employee or budgetary or financial records that
 1010  indicate the compensation paid to an association employee.
 1011         5. Social security numbers, driver license numbers, credit
 1012  card numbers, e-mail addresses, telephone numbers, emergency
 1013  contact information, any addresses of a unit owner other than
 1014  addresses provided to fulfill the association’s notice
 1015  requirements, and other personal identifying information of any
 1016  person, excluding the person’s name, unit designation, mailing
 1017  address, and property address.
 1018         6. Any electronic security measures that are used by the
 1019  association to safeguard data, including passwords.
 1020         7. The software and operating system used by the
 1021  association which allows manipulation of data, even if the owner
 1022  owns a copy of the same software used by the association. The
 1023  data is part of the official records of the association.
 1024         Section 12. Subsection (7) is added to section 719.1055,
 1025  Florida Statutes, to read:
 1026         719.1055 Amendment of cooperative documents; alteration and
 1027  acquisition of property.—
 1028         (7) The Legislature finds that the procurement of mortgagee
 1029  consent to amendments that do not affect the rights or interests
 1030  of mortgagees is an unreasonable and substantial logistical and
 1031  financial burden on the unit owners and that there is a
 1032  compelling state interest in enabling the members of an
 1033  association to approve amendments to the association’s
 1034  cooperative documents through legal means. Accordingly, and
 1035  notwithstanding any provision of this subsection to the
 1036  contrary:
 1037         (a) As to any mortgage recorded on or after July 1, 2013,
 1038  any provision in the association’s cooperative documents that
 1039  requires the consent or joinder of some or all mortgagees of
 1040  units or any other portion of the association’s common areas to
 1041  amend the association’s cooperative documents or for any other
 1042  matter is enforceable only as to amendments to the association’s
 1043  cooperative documents that adversely affect the priority of the
 1044  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
 1045  or that otherwise materially affect the rights and interests of
 1046  the mortgagees.
 1047         (b) As to mortgages recorded before July 1, 2013, any
 1048  existing provisions in the association’s cooperative documents
 1049  requiring mortgagee consent are enforceable.
 1050         (c) In securing consent or joinder, the association is
 1051  entitled to rely upon the public records to identify the holders
 1052  of outstanding mortgages. The association may use the address
 1053  provided in the original recorded mortgage document, unless
 1054  there is a different address for the holder of the mortgage in a
 1055  recorded assignment or modification of the mortgage, which
 1056  recorded assignment or modification must reference the official
 1057  records book and page on which the original mortgage was
 1058  recorded. Once the association has identified the recorded
 1059  mortgages of record, the association shall, in writing, request
 1060  of each unit owner whose unit is encumbered by a mortgage of
 1061  record any information that the owner has in his or her
 1062  possession regarding the name and address of the person to whom
 1063  mortgage payments are currently being made. Notice shall be sent
 1064  to such person if the address provided in the original recorded
 1065  mortgage document is different from the name and address of the
 1066  mortgagee or assignee of the mortgage as shown by the public
 1067  record. The association is deemed to have complied with this
 1068  requirement by making the written request of the unit owners
 1069  required under this paragraph. Any notices required to be sent
 1070  to the mortgagees under this paragraph shall be sent to all
 1071  available addresses provided to the association.
 1072         (d) Any notice to the mortgagees required under paragraph
 1073  (c) may be sent by a method that establishes proof of delivery,
 1074  and any mortgagee who fails to respond within 60 days after the
 1075  date of mailing is deemed to have consented to the amendment.
 1076         (e) For those amendments requiring mortgagee consent on or
 1077  after July 1, 2013, in the event mortgagee consent is provided
 1078  other than by properly recorded joinder, such consent shall be
 1079  evidenced by affidavit of the association recorded in the public
 1080  records of the county in which the declaration is recorded.
 1081         (f) Any amendment adopted without the required consent of a
 1082  mortgagee is voidable only by a mortgagee who was entitled to
 1083  notice and an opportunity to consent. An action to void an
 1084  amendment is subject to the statute of limitations beginning 5
 1085  years after the date of discovery as to the amendments described
 1086  in paragraph (a) and 5 years after the date of recordation of
 1087  the certificate of amendment for all other amendments. This
 1088  paragraph applies to all mortgages, regardless of the date of
 1089  recordation of the mortgage.
 1090         Section 13. Paragraphs (c), (d), and (f) of subsection (1)
 1091  of section 719.106, Florida Statutes, are amended to read:
 1092         719.106 Bylaws; cooperative ownership.—
 1093         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1094  documents shall provide for the following, and if they do not,
 1095  they shall be deemed to include the following:
 1096         (c) Board of administration meetings.—Meetings of the board
 1097  of administration at which a quorum of the members is present
 1098  shall be open to all unit owners. Any unit owner may tape record
 1099  or videotape meetings of the board of administration. The right
 1100  to attend such meetings includes the right to speak at such
 1101  meetings with reference to all designated agenda items. The
 1102  division shall adopt reasonable rules governing the tape
 1103  recording and videotaping of the meeting. The association may
 1104  adopt reasonable written rules governing the frequency,
 1105  duration, and manner of unit owner statements. Adequate notice
 1106  of all meetings shall be posted in a conspicuous place upon the
 1107  cooperative property at least 48 continuous hours preceding the
 1108  meeting, except in an emergency. Any item not included on the
 1109  notice may be taken up on an emergency basis by at least a
 1110  majority plus one of the members of the board. Such emergency
 1111  action shall be noticed and ratified at the next regular meeting
 1112  of the board. However, written notice of any meeting at which
 1113  nonemergency special assessments, or at which amendment to rules
 1114  regarding unit use, will be considered shall be mailed,
 1115  delivered, or electronically transmitted to the unit owners and
 1116  posted conspicuously on the cooperative property not less than
 1117  14 days before prior to the meeting. Evidence of compliance with
 1118  this 14-day notice shall be made by an affidavit executed by the
 1119  person providing the notice and filed among the official records
 1120  of the association. Upon notice to the unit owners, the board
 1121  shall by duly adopted rule designate a specific location on the
 1122  cooperative property upon which all notices of board meetings
 1123  shall be posted. In lieu of or in addition to the physical
 1124  posting of notice of any meeting of the board of administration
 1125  on the cooperative property, the association may, by reasonable
 1126  rule, adopt a procedure for conspicuously posting and repeatedly
 1127  broadcasting the notice and the agenda on a closed-circuit cable
 1128  television system serving the cooperative association. However,
 1129  if broadcast notice is used in lieu of a notice posted
 1130  physically on the cooperative property, the notice and agenda
 1131  must be broadcast at least four times every broadcast hour of
 1132  each day that a posted notice is otherwise required under this
 1133  section. When broadcast notice is provided, the notice and
 1134  agenda must be broadcast in a manner and for a sufficient
 1135  continuous length of time so as to allow an average reader to
 1136  observe the notice and read and comprehend the entire content of
 1137  the notice and the agenda. Notice of any meeting in which
 1138  regular assessments against unit owners are to be considered for
 1139  any reason shall specifically contain a statement that
 1140  assessments will be considered and the nature of any such
 1141  assessments. Meetings of a committee to take final action on
 1142  behalf of the board or to make recommendations to the board
 1143  regarding the association budget are subject to the provisions
 1144  of this paragraph. Meetings of a committee that does not take
 1145  final action on behalf of the board or make recommendations to
 1146  the board regarding the association budget are subject to the
 1147  provisions of this section, unless those meetings are exempted
 1148  from this section by the bylaws of the association.
 1149  Notwithstanding any other law to the contrary, the requirement
 1150  that board meetings and committee meetings be open to the unit
 1151  owners does not apply is inapplicable to board or committee
 1152  meetings held for the purpose of discussing personnel matters or
 1153  meetings between the board or a committee and the association’s
 1154  attorney, with respect to proposed or pending litigation, if
 1155  when the meeting is held for the purpose of seeking or rendering
 1156  legal advice.
 1157         (d) Shareholder meetings.—There shall be an annual meeting
 1158  of the shareholders. All members of the board of administration
 1159  shall be elected at the annual meeting unless the bylaws provide
 1160  for staggered election terms or for their election at another
 1161  meeting. Any unit owner desiring to be a candidate for board
 1162  membership must comply with subparagraph 1. The bylaws must
 1163  provide the method for calling meetings, including annual
 1164  meetings. Written notice, which must incorporate an
 1165  identification of agenda items, shall be given to each unit
 1166  owner at least 14 days before the annual meeting and posted in a
 1167  conspicuous place on the cooperative property at least 14
 1168  continuous days preceding the annual meeting. Upon notice to the
 1169  unit owners, the board must by duly adopted rule designate a
 1170  specific location on the cooperative property upon which all
 1171  notice of unit owner meetings are posted. In lieu of or in
 1172  addition to the physical posting of the meeting notice, the
 1173  association may, by reasonable rule, adopt a procedure for
 1174  conspicuously posting and repeatedly broadcasting the notice and
 1175  the agenda on a closed-circuit cable television system serving
 1176  the cooperative association. However, if broadcast notice is
 1177  used in lieu of a posted notice, the notice and agenda must be
 1178  broadcast at least four times every broadcast hour of each day
 1179  that a posted notice is otherwise required under this section.
 1180  If broadcast notice is provided, the notice and agenda must be
 1181  broadcast in a manner and for a sufficient continuous length of
 1182  time to allow an average reader to observe the notice and read
 1183  and comprehend the entire content of the notice and the agenda.
 1184  Unless a unit owner waives in writing the right to receive
 1185  notice of the annual meeting, the notice of the annual meeting
 1186  must be sent by mail, hand delivered, or electronically
 1187  transmitted to each unit owner. An officer of the association
 1188  must provide an affidavit or United States Postal Service
 1189  certificate of mailing, to be included in the official records
 1190  of the association, affirming that notices of the association
 1191  meeting were mailed, hand delivered, or electronically
 1192  transmitted, in accordance with this provision, to each unit
 1193  owner at the address last furnished to the association.
 1194         1. The board of administration shall be elected by written
 1195  ballot or voting machine. A proxy may not be used in electing
 1196  the board of administration in general elections or elections to
 1197  fill vacancies caused by recall, resignation, or otherwise
 1198  unless otherwise provided in this chapter.
 1199         a. At least 60 days before a scheduled election, the
 1200  association shall mail, deliver, or transmit, whether by
 1201  separate association mailing, delivery, or electronic
 1202  transmission or included in another association mailing,
 1203  delivery, or electronic transmission, including regularly
 1204  published newsletters, to each unit owner entitled to vote, a
 1205  first notice of the date of the election. Any unit owner or
 1206  other eligible person desiring to be a candidate for the board
 1207  of administration must give written notice to the association at
 1208  least 40 days before a scheduled election. Together with the
 1209  written notice and agenda as set forth in this section, the
 1210  association shall mail, deliver, or electronically transmit a
 1211  second notice of election to all unit owners entitled to vote,
 1212  together with a ballot that which lists all candidates. Upon
 1213  request of a candidate, the association shall include an
 1214  information sheet, no larger than 81/2 inches by 11 inches,
 1215  which must be furnished by the candidate at least 35 days before
 1216  the election, to be included with the mailing, delivery, or
 1217  electronic transmission of the ballot, with the costs of
 1218  mailing, delivery, or transmission and copying to be borne by
 1219  the association. The association is not liable for the contents
 1220  of the information sheets provided by the candidates. In order
 1221  to reduce costs, the association may print or duplicate the
 1222  information sheets on both sides of the paper. The division
 1223  shall by rule establish voting procedures consistent with this
 1224  subparagraph, including rules establishing procedures for giving
 1225  notice by electronic transmission and rules providing for the
 1226  secrecy of ballots. Elections shall be decided by a plurality of
 1227  those ballots cast. There is no quorum requirement. However, at
 1228  least 20 percent of the eligible voters must cast a ballot in
 1229  order to have a valid election. A unit owner may not permit any
 1230  other person to vote his or her ballot, and any such ballots
 1231  improperly cast are invalid. A unit owner who needs assistance
 1232  in casting the ballot for the reasons stated in s. 101.051 may
 1233  obtain assistance in casting the ballot. Any unit owner
 1234  violating this provision may be fined by the association in
 1235  accordance with s. 719.303. The regular election must occur on
 1236  the date of the annual meeting. This subparagraph does not apply
 1237  to timeshare cooperatives. Notwithstanding this subparagraph, an
 1238  election and balloting are not required unless more candidates
 1239  file a notice of intent to run or are nominated than vacancies
 1240  exist on the board. Any challenge to the election process must
 1241  be commenced within 60 days after the election results are
 1242  announced.
 1243         b. Within 90 days after being elected or appointed to the
 1244  board, each new director shall certify in writing to the
 1245  secretary of the association that he or she has read the
 1246  association’s bylaws, articles of incorporation, proprietary
 1247  lease, and current written policies; that he or she will work to
 1248  uphold such documents and policies to the best of his or her
 1249  ability; and that he or she will faithfully discharge his or her
 1250  fiduciary responsibility to the association’s members. Within 90
 1251  days after being elected or appointed to the board, in lieu of
 1252  this written certification, the newly elected or appointed
 1253  director may submit a certificate of having satisfactorily
 1254  completed the educational curriculum administered by an
 1255  education provider as approved by the division pursuant to the
 1256  requirements established in chapter 718 within 1 year before or
 1257  90 days after the date of election or appointment. The
 1258  educational certificate is valid and does not have to be
 1259  resubmitted as long as the director serves on the board without
 1260  interruption. A director who fails to timely file the written
 1261  certification or educational certificate is suspended from
 1262  service on the board until he or she complies with this sub-
 1263  subparagraph. The board may temporarily fill the vacancy during
 1264  the period of suspension. The secretary of the association shall
 1265  cause the association to retain a director’s written
 1266  certification or educational certificate for inspection by the
 1267  members for 5 years after a director’s election or the duration
 1268  of the director’s uninterrupted tenure, whichever is longer.
 1269  Failure to have such written certification or educational
 1270  certificate on file does not affect the validity of any board
 1271  action.
 1272         2. Any approval by unit owners called for by this chapter,
 1273  or the applicable cooperative documents, must be made at a duly
 1274  noticed meeting of unit owners and is subject to this chapter or
 1275  the applicable cooperative documents relating to unit owner
 1276  decisionmaking, except that unit owners may take action by
 1277  written agreement, without meetings, on matters for which action
 1278  by written agreement without meetings is expressly allowed by
 1279  the applicable cooperative documents or law which provides for
 1280  the unit owner action.
 1281         3. Unit owners may waive notice of specific meetings if
 1282  allowed by the applicable cooperative documents or law. If
 1283  authorized by the bylaws, notice of meetings of the board of
 1284  administration, shareholder meetings, except shareholder
 1285  meetings called to recall board members under paragraph (f), and
 1286  committee meetings may be given by electronic transmission to
 1287  unit owners who consent to receive notice by electronic
 1288  transmission.
 1289         4. Unit owners have the right to participate in meetings of
 1290  unit owners with reference to all designated agenda items.
 1291  However, the association may adopt reasonable rules governing
 1292  the frequency, duration, and manner of unit owner participation.
 1293         5. Any unit owner may tape record or videotape meetings of
 1294  the unit owners subject to reasonable rules adopted by the
 1295  division.
 1296         6. Unless otherwise provided in the bylaws, a vacancy
 1297  occurring on the board before the expiration of a term may be
 1298  filled by the affirmative vote of the majority of the remaining
 1299  directors, even if the remaining directors constitute less than
 1300  a quorum, or by the sole remaining director. In the alternative,
 1301  a board may hold an election to fill the vacancy, in which case
 1302  the election procedures must conform to the requirements of
 1303  subparagraph 1. unless the association has opted out of the
 1304  statutory election process, in which case the bylaws of the
 1305  association control. Unless otherwise provided in the bylaws, a
 1306  board member appointed or elected under this subparagraph shall
 1307  fill the vacancy for the unexpired term of the seat being
 1308  filled. Filling vacancies created by recall is governed by
 1309  paragraph (f) and rules adopted by the division.
 1310  
 1311  Notwithstanding subparagraphs (b)2. and (d)1., an association
 1312  may, by the affirmative vote of a majority of the total voting
 1313  interests, provide for a different voting and election procedure
 1314  in its bylaws, which vote may be by a proxy specifically
 1315  delineating the different voting and election procedures. The
 1316  different voting and election procedures may provide for
 1317  elections to be conducted by limited or general proxy.
 1318         (f) Recall of board members.—Subject to the provisions of
 1319  s. 719.301, any member of the board of administration may be
 1320  recalled and removed from office with or without cause by the
 1321  vote or agreement in writing by a majority of all the voting
 1322  interests. A special meeting of the voting interests to recall
 1323  any member of the board of administration may be called by 10
 1324  percent of the unit owners giving notice of the meeting as
 1325  required for a meeting of unit owners, and the notice shall
 1326  state the purpose of the meeting. Electronic transmission may
 1327  not be used as a method of giving notice of a meeting called in
 1328  whole or in part for this purpose.
 1329         1. If the recall is approved by a majority of all voting
 1330  interests by a vote at a meeting, the recall shall be effective
 1331  as provided in this paragraph herein. The board shall duly
 1332  notice and hold a board meeting within 5 full business days
 1333  after of the adjournment of the unit owner meeting to recall one
 1334  or more board members. At the meeting, the board shall either
 1335  certify the recall, in which case such member or members shall
 1336  be recalled effective immediately and shall turn over to the
 1337  board within 5 full business days any and all records and
 1338  property of the association in their possession, or shall
 1339  proceed as set forth in subparagraph 3.
 1340         2. If the proposed recall is by an agreement in writing by
 1341  a majority of all voting interests, the agreement in writing or
 1342  a copy thereof shall be served on the association by certified
 1343  mail or by personal service in the manner authorized by chapter
 1344  48 and the Florida Rules of Civil Procedure. The board of
 1345  administration shall duly notice and hold a meeting of the board
 1346  within 5 full business days after receipt of the agreement in
 1347  writing. At the meeting, the board shall either certify the
 1348  written agreement to recall members of the board, in which case
 1349  such members shall be recalled effective immediately and shall
 1350  turn over to the board, within 5 full business days, any and all
 1351  records and property of the association in their possession, or
 1352  proceed as described in subparagraph 3.
 1353         3. If the board determines not to certify the written
 1354  agreement to recall members of the board, or does not certify
 1355  the recall by a vote at a meeting, the board shall, within 5
 1356  full business days after the board meeting, file with the
 1357  division a petition for binding arbitration pursuant to the
 1358  procedures of s. 719.1255. For purposes of this paragraph, the
 1359  unit owners who voted at the meeting or who executed the
 1360  agreement in writing shall constitute one party under the
 1361  petition for arbitration. If the arbitrator certifies the recall
 1362  as to any member of the board, the recall shall be effective
 1363  upon mailing of the final order of arbitration to the
 1364  association. If the association fails to comply with the order
 1365  of the arbitrator, the division may take action pursuant to s.
 1366  719.501. Any member so recalled shall deliver to the board any
 1367  and all records and property of the association in the member’s
 1368  possession within 5 full business days after of the effective
 1369  date of the recall.
 1370         4. If the board fails to duly notice and hold a board
 1371  meeting within 5 full business days after of service of an
 1372  agreement in writing or within 5 full business days after of the
 1373  adjournment of the unit owner recall meeting, the recall shall
 1374  be deemed effective and the board members so recalled shall
 1375  immediately turn over to the board any and all records and
 1376  property of the association.
 1377         5. If the board fails to duly notice and hold the required
 1378  meeting or fails to file the required petition, the unit owner
 1379  representative may file a petition pursuant to s. 719.1255
 1380  challenging the board’s failure to act. The petition must be
 1381  filed within 60 days after the expiration of the applicable 5
 1382  full-business-day period. The review of a petition under this
 1383  subparagraph is limited to the sufficiency of service on the
 1384  board and the facial validity of the written agreement or
 1385  ballots filed.
 1386         6.5. If a vacancy occurs on the board as a result of a
 1387  recall and less than a majority of the board members are
 1388  removed, the vacancy may be filled by the affirmative vote of a
 1389  majority of the remaining directors, notwithstanding any
 1390  provision to the contrary contained in this chapter. If
 1391  vacancies occur on the board as a result of a recall and a
 1392  majority or more of the board members are removed, the vacancies
 1393  shall be filled in accordance with procedural rules to be
 1394  adopted by the division, which rules need not be consistent with
 1395  this chapter. The rules must provide procedures governing the
 1396  conduct of the recall election as well as the operation of the
 1397  association during the period after a recall but before prior to
 1398  the recall election.
 1399         7. A board member who has been recalled may file a petition
 1400  pursuant to s. 719.1255 challenging the validity of the recall.
 1401  The petition must be filed within 60 days after the recall is
 1402  deemed certified. The association and the unit owner
 1403  representative shall be named as the respondents.
 1404         8. The division may not accept for filing a recall
 1405  petition, whether filed pursuant to subparagraph 1.,
 1406  subparagraph 2., subparagraph 5., or subparagraph 7. and
 1407  regardless of whether the recall was certified, when there are
 1408  60 or fewer days until the scheduled reelection of the board
 1409  member sought to be recalled or when 60 or fewer days have not
 1410  elapsed since the election of the board member sought to be
 1411  recalled.
 1412         Section 14. Paragraph (a) of subsection (3) of section
 1413  719.303, Florida Statutes, is amended to read:
 1414         719.303 Obligations of owners.—
 1415         (3) The association may levy reasonable fines for failure
 1416  of the unit owner or the unit’s occupant, licensee, or invitee
 1417  to comply with any provision of the cooperative documents or
 1418  reasonable rules of the association. A fine may not become a
 1419  lien against a unit. A fine may be levied on the basis of each
 1420  day of a continuing violation, with a single notice and
 1421  opportunity for hearing. However, the fine may not exceed $100
 1422  per violation, or $1,000 in the aggregate.
 1423         (a) An association may suspend, for a reasonable period of
 1424  time, the right of a unit owner, or a unit owner’s tenant,
 1425  guest, or invitee, to use the common elements, common
 1426  facilities, or any other association property for failure to
 1427  comply with any provision of the cooperative documents or
 1428  reasonable rules of the association. This paragraph does not
 1429  apply to limited common elements intended to be used only by
 1430  that unit, common elements needed to access the unit, utility
 1431  services provided to the unit, parking spaces, or elevators.
 1432         Section 15. Paragraph (k) of subsection (1) of section
 1433  719.501, Florida Statutes, is amended to read:
 1434         719.501 Powers and duties of Division of Florida
 1435  Condominiums, Timeshares, and Mobile Homes.—
 1436         (1) The Division of Florida Condominiums, Timeshares, and
 1437  Mobile Homes of the Department of Business and Professional
 1438  Regulation, referred to as the “division” in this part, in
 1439  addition to other powers and duties prescribed by chapter 718,
 1440  has the power to enforce and ensure compliance with this chapter
 1441  and adopted rules relating to the development, construction,
 1442  sale, lease, ownership, operation, and management of residential
 1443  cooperative units. In performing its duties, the division shall
 1444  have the following powers and duties:
 1445         (k) The division shall provide training and educational
 1446  programs for cooperative association board members and unit
 1447  owners. The training may, in the division’s discretion, include
 1448  web-based electronic media, and live training and seminars in
 1449  various locations throughout the state. The division may review
 1450  and approve education and training programs for board members
 1451  and unit owners offered by providers and shall maintain a
 1452  current list of approved programs and providers and make such
 1453  list available to board members and unit owners in a reasonable
 1454  and cost-effective manner.
 1455         Section 16. Subsection (5), paragraphs (a) and (b) of
 1456  subsection (7), and subsection (10) of section 720.303, Florida
 1457  Statutes, are amended to read:
 1458         720.303 Association powers and duties; meetings of board;
 1459  official records; budgets; financial reporting; association
 1460  funds; recalls.—
 1461         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1462  shall be maintained within the state and must be open to
 1463  inspection and available for photocopying by members or their
 1464  authorized agents at reasonable times and places within 10
 1465  business days after receipt of a written request for access.
 1466  This subsection may be complied with by having a copy of the
 1467  official records available for inspection or copying in the
 1468  community. If the association has a photocopy machine available
 1469  where the records are maintained, it must provide parcel owners
 1470  with copies on request during the inspection if the entire
 1471  request is limited to no more than 25 pages. An association
 1472  shall allow a member or his or her authorized representative to
 1473  use a portable device, including a smartphone, tablet, portable
 1474  scanner, or any other technology capable of scanning or taking
 1475  photographs, to make an electronic copy of the official records
 1476  in lieu of the association’s providing the member or his or her
 1477  authorized representative with a copy of such records. The
 1478  association may not charge a member or his or her authorized
 1479  representative for the use of a portable device.
 1480         (a) The failure of an association to provide access to the
 1481  records within 10 business days after receipt of a written
 1482  request submitted by certified mail, return receipt requested,
 1483  creates a rebuttable presumption that the association willfully
 1484  failed to comply with this subsection.
 1485         (b) A member who is denied access to official records is
 1486  entitled to the actual damages or minimum damages for the
 1487  association’s willful failure to comply with this subsection.
 1488  The minimum damages are to be $50 per calendar day up to 10
 1489  days, the calculation to begin on the 11th business day after
 1490  receipt of the written request.
 1491         (c) The association may adopt reasonable written rules
 1492  governing the frequency, time, location, notice, records to be
 1493  inspected, and manner of inspections, but may not require a
 1494  parcel owner to demonstrate any proper purpose for the
 1495  inspection, state any reason for the inspection, or limit a
 1496  parcel owner’s right to inspect records to less than one 8-hour
 1497  business day per month. The association may impose fees to cover
 1498  the costs of providing copies of the official records,
 1499  including, without limitation, the costs of copying. The
 1500  association may charge up to 50 cents per page for copies made
 1501  on the association’s photocopier. If the association does not
 1502  have a photocopy machine available where the records are kept,
 1503  or if the records requested to be copied exceed 25 pages in
 1504  length, the association may have copies made by an outside
 1505  vendor or association management company personnel and may
 1506  charge the actual cost of copying, including any reasonable
 1507  costs involving personnel fees and charges at an hourly rate for
 1508  vendor or employee time to cover administrative costs to the
 1509  vendor or association. The association shall maintain an
 1510  adequate number of copies of the recorded governing documents,
 1511  to ensure their availability to members and prospective members.
 1512  Notwithstanding this paragraph, the following records are not
 1513  accessible to members or parcel owners:
 1514         1. Any record protected by the lawyer-client privilege as
 1515  described in s. 90.502 and any record protected by the work
 1516  product privilege, including, but not limited to, a record
 1517  prepared by an association attorney or prepared at the
 1518  attorney’s express direction which reflects a mental impression,
 1519  conclusion, litigation strategy, or legal theory of the attorney
 1520  or the association and which was prepared exclusively for civil
 1521  or criminal litigation or for adversarial administrative
 1522  proceedings or which was prepared in anticipation of such
 1523  litigation or proceedings until the conclusion of the litigation
 1524  or proceedings.
 1525         2. Information obtained by an association in connection
 1526  with the approval of the lease, sale, or other transfer of a
 1527  parcel.
 1528         3. Personnel records of association or management company
 1529  the association’s employees, including, but not limited to,
 1530  disciplinary, payroll, health, and insurance records. For
 1531  purposes of this subparagraph, the term “personnel records” does
 1532  not include written employment agreements with an association or
 1533  management company employee or budgetary or financial records
 1534  that indicate the compensation paid to an association or
 1535  management company employee.
 1536         4. Medical records of parcel owners or community residents.
 1537         5. Social security numbers, driver driver’s license
 1538  numbers, credit card numbers, electronic mailing addresses,
 1539  telephone numbers, facsimile numbers, emergency contact
 1540  information, any addresses for a parcel owner other than as
 1541  provided for association notice requirements, and other personal
 1542  identifying information of any person, excluding the person’s
 1543  name, parcel designation, mailing address, and property address.
 1544  However, an owner may consent in writing to the disclosure of
 1545  protected information described in this subparagraph. The
 1546  association is not liable for the disclosure of information that
 1547  is protected under this subparagraph if the information is
 1548  included in an official record of the association and is
 1549  voluntarily provided by an owner and not requested by the
 1550  association.
 1551         6. Any electronic security measure that is used by the
 1552  association to safeguard data, including passwords.
 1553         7. The software and operating system used by the
 1554  association which allows the manipulation of data, even if the
 1555  owner owns a copy of the same software used by the association.
 1556  The data is part of the official records of the association.
 1557         (d) The association or its authorized agent is not required
 1558  to provide a prospective purchaser or lienholder with
 1559  information about the residential subdivision or the association
 1560  other than information or documents required by this chapter to
 1561  be made available or disclosed. The association or its
 1562  authorized agent may charge a reasonable fee to the prospective
 1563  purchaser or lienholder or the current parcel owner or member
 1564  for providing good faith responses to requests for information
 1565  by or on behalf of a prospective purchaser or lienholder, other
 1566  than that required by law, if the fee does not exceed $150 plus
 1567  the reasonable cost of photocopying and any attorney attorney’s
 1568  fees incurred by the association in connection with the
 1569  response.
 1570         (7) FINANCIAL REPORTING.—Within 90 days after the end of
 1571  the fiscal year, or annually on the date provided in the bylaws,
 1572  the association shall prepare and complete, or contract with a
 1573  third party for the preparation and completion of, a financial
 1574  report for the preceding fiscal year. Within 21 days after the
 1575  final financial report is completed by the association or
 1576  received from the third party, but not later than 120 days after
 1577  the end of the fiscal year or other date as provided in the
 1578  bylaws, the association shall, within the time limits set forth
 1579  in subsection (5), provide each member with a copy of the annual
 1580  financial report or a written notice that a copy of the
 1581  financial report is available upon request at no charge to the
 1582  member. Financial reports shall be prepared as follows:
 1583         (a) An association that meets the criteria of this
 1584  paragraph shall prepare or cause to be prepared a complete set
 1585  of financial statements in accordance with generally accepted
 1586  accounting principles as adopted by the Board of Accountancy.
 1587  The financial statements shall be based upon the association’s
 1588  total annual revenues, as follows:
 1589         1. An association with total annual revenues of $200,000
 1590  $100,000 or more, but less than $300,000 $200,000, shall prepare
 1591  compiled financial statements.
 1592         2. An association with total annual revenues of at least
 1593  $300,000 $200,000, but less than $500,000 $400,000, shall
 1594  prepare reviewed financial statements.
 1595         3. An association with total annual revenues of $500,000
 1596  $400,000 or more shall prepare audited financial statements.
 1597         (b)1. An association with total annual revenues of less
 1598  than $200,000 $100,000 shall prepare a report of cash receipts
 1599  and expenditures.
 1600         2. An association in a community of fewer than 50 parcels,
 1601  regardless of the association’s annual revenues, may prepare a
 1602  report of cash receipts and expenditures in lieu of financial
 1603  statements required by paragraph (a) unless the governing
 1604  documents provide otherwise.
 1605         3. A report of cash receipts and disbursement must disclose
 1606  the amount of receipts by accounts and receipt classifications
 1607  and the amount of expenses by accounts and expense
 1608  classifications, including, but not limited to, the following,
 1609  as applicable: costs for security, professional, and management
 1610  fees and expenses; taxes; costs for recreation facilities;
 1611  expenses for refuse collection and utility services; expenses
 1612  for lawn care; costs for building maintenance and repair;
 1613  insurance costs; administration and salary expenses; and
 1614  reserves if maintained by the association.
 1615         (10) RECALL OF DIRECTORS.—
 1616         (a)1. Regardless of any provision to the contrary contained
 1617  in the governing documents, subject to the provisions of s.
 1618  720.307 regarding transition of association control, any member
 1619  of the board of directors may be recalled and removed from
 1620  office with or without cause by a majority of the total voting
 1621  interests.
 1622         2. When the governing documents, including the declaration,
 1623  articles of incorporation, or bylaws, provide that only a
 1624  specific class of members is entitled to elect a board director
 1625  or directors, only that class of members may vote to recall
 1626  those board directors so elected.
 1627         (b)1. Board directors may be recalled by an agreement in
 1628  writing or by written ballot without a membership meeting. The
 1629  agreement in writing or the written ballots, or a copy thereof,
 1630  shall be served on the association by certified mail or by
 1631  personal service in the manner authorized by chapter 48 and the
 1632  Florida Rules of Civil Procedure.
 1633         2. The board shall duly notice and hold a meeting of the
 1634  board within 5 full business days after receipt of the agreement
 1635  in writing or written ballots. At the meeting, the board shall
 1636  either certify the written ballots or written agreement to
 1637  recall a director or directors of the board, in which case such
 1638  director or directors shall be recalled effective immediately
 1639  and shall turn over to the board within 5 full business days any
 1640  and all records and property of the association in their
 1641  possession, or proceed as described in paragraph (d).
 1642         3. When it is determined by the department pursuant to
 1643  binding arbitration proceedings that an initial recall effort
 1644  was defective, written recall agreements or written ballots used
 1645  in the first recall effort and not found to be defective may be
 1646  reused in one subsequent recall effort. However, in no event is
 1647  a written agreement or written ballot valid for more than 120
 1648  days after it has been signed by the member.
 1649         4. Any rescission or revocation of a member’s written
 1650  recall ballot or agreement must be in writing and, in order to
 1651  be effective, must be delivered to the association before the
 1652  association is served with the written recall agreements or
 1653  ballots.
 1654         5. The agreement in writing or ballot shall list at least
 1655  as many possible replacement directors as there are directors
 1656  subject to the recall, when at least a majority of the board is
 1657  sought to be recalled; the person executing the recall
 1658  instrument may vote for as many replacement candidates as there
 1659  are directors subject to the recall.
 1660         (c)1. If the declaration, articles of incorporation, or
 1661  bylaws specifically provide, the members may also recall and
 1662  remove a board director or directors by a vote taken at a
 1663  meeting. If so provided in the governing documents, a special
 1664  meeting of the members to recall a director or directors of the
 1665  board of administration may be called by 10 percent of the
 1666  voting interests giving notice of the meeting as required for a
 1667  meeting of members, and the notice shall state the purpose of
 1668  the meeting. Electronic transmission may not be used as a method
 1669  of giving notice of a meeting called in whole or in part for
 1670  this purpose.
 1671         2. The board shall duly notice and hold a board meeting
 1672  within 5 full business days after the adjournment of the member
 1673  meeting to recall one or more directors. At the meeting, the
 1674  board shall certify the recall, in which case such member or
 1675  members shall be recalled effective immediately and shall turn
 1676  over to the board within 5 full business days any and all
 1677  records and property of the association in their possession, or
 1678  shall proceed as set forth in paragraph subparagraph (d).
 1679         (d) If the board determines not to certify the written
 1680  agreement or written ballots to recall a director or directors
 1681  of the board or does not certify the recall by a vote at a
 1682  meeting, the board shall, within 5 full business days after the
 1683  meeting, file with the department a petition for binding
 1684  arbitration pursuant to the applicable procedures in ss.
 1685  718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
 1686  the purposes of this section, the members who voted at the
 1687  meeting or who executed the agreement in writing shall
 1688  constitute one party under the petition for arbitration. If the
 1689  arbitrator certifies the recall as to any director or directors
 1690  of the board, the recall will be effective upon mailing of the
 1691  final order of arbitration to the association. The director or
 1692  directors so recalled shall deliver to the board any and all
 1693  records of the association in their possession within 5 full
 1694  business days after the effective date of the recall.
 1695         (e) If a vacancy occurs on the board as a result of a
 1696  recall and less than a majority of the board directors are
 1697  removed, the vacancy may be filled by the affirmative vote of a
 1698  majority of the remaining directors, notwithstanding any
 1699  provision to the contrary contained in this subsection or in the
 1700  association documents. If vacancies occur on the board as a
 1701  result of a recall and a majority or more of the board directors
 1702  are removed, the vacancies shall be filled by members voting in
 1703  favor of the recall; if removal is at a meeting, any vacancies
 1704  shall be filled by the members at the meeting. If the recall
 1705  occurred by agreement in writing or by written ballot, members
 1706  may vote for replacement directors in the same instrument in
 1707  accordance with procedural rules adopted by the division, which
 1708  rules need not be consistent with this subsection.
 1709         (f) If the board fails to duly notice and hold a board
 1710  meeting within 5 full business days after service of an
 1711  agreement in writing or within 5 full business days after the
 1712  adjournment of the member recall meeting, the recall shall be
 1713  deemed effective and the board directors so recalled shall
 1714  immediately turn over to the board all records and property of
 1715  the association.
 1716         (g) If the board fails to duly notice and hold the required
 1717  meeting or fails to file the required petition, the unit owner
 1718  representative may file a petition pursuant to s. 718.1255
 1719  challenging the board’s failure to act. The petition must be
 1720  filed within 60 days after the expiration of the applicable 5
 1721  full-business-day period. The review of a petition under this
 1722  paragraph is limited to the sufficiency of service on the board
 1723  and the facial validity of the written agreement or ballots
 1724  filed.
 1725         (h)(g) If a director who is removed fails to relinquish his
 1726  or her office or turn over records as required under this
 1727  section, the circuit court in the county where the association
 1728  maintains its principal office may, upon the petition of the
 1729  association, summarily order the director to relinquish his or
 1730  her office and turn over all association records upon
 1731  application of the association.
 1732         (i)(h) The minutes of the board meeting at which the board
 1733  decides whether to certify the recall are an official
 1734  association record. The minutes must record the date and time of
 1735  the meeting, the decision of the board, and the vote count taken
 1736  on each board member subject to the recall. In addition, when
 1737  the board decides not to certify the recall, as to each vote
 1738  rejected, the minutes must identify the parcel number and the
 1739  specific reason for each such rejection.
 1740         (j)(i) When the recall of more than one board director is
 1741  sought, the written agreement, ballot, or vote at a meeting
 1742  shall provide for a separate vote for each board director sought
 1743  to be recalled.
 1744         (k) A board member who has been recalled may file a
 1745  petition pursuant to ss. 718.112(2)(j) and 718.1255 and the
 1746  rules adopted challenging the validity of the recall. The
 1747  petition must be filed within 60 days after the recall is deemed
 1748  certified. The association and the unit owner representative
 1749  shall be named as respondents.
 1750         (l) The division may not accept for filing a recall
 1751  petition, whether filed pursuant to paragraph (b), paragraph
 1752  (c), paragraph (g), or paragraph (k) and regardless of whether
 1753  the recall was certified, when there are 60 or fewer days until
 1754  the scheduled reelection of the board member sought to be
 1755  recalled or when 60 or fewer days have not elapsed since the
 1756  election of the board member sought to be recalled.
 1757         Section 17. Subsection (2) of section 720.305, Florida
 1758  Statutes, is amended to read:
 1759         720.305 Obligations of members; remedies at law or in
 1760  equity; levy of fines and suspension of use rights.—
 1761         (2) The association may levy reasonable fines of up to $100
 1762  per violation against any member or any member’s tenant, guest,
 1763  or invitee for the failure of the owner of the parcel or its
 1764  occupant, licensee, or invitee to comply with any provision of
 1765  the declaration, the association bylaws, or reasonable rules of
 1766  the association. A fine may be levied for each day of a
 1767  continuing violation, with a single notice and opportunity for
 1768  hearing, except that the fine may not exceed $1,000 in the
 1769  aggregate unless otherwise provided in the governing documents.
 1770  A fine of less than $1,000 may not become a lien against a
 1771  parcel. In any action to recover a fine, the prevailing party is
 1772  entitled to reasonable attorney attorney’s fees and costs from
 1773  the nonprevailing party as determined by the court.
 1774         (a) An association may suspend, for a reasonable period of
 1775  time, the right of a member, or a member’s tenant, guest, or
 1776  invitee, to use common areas and facilities for the failure of
 1777  the owner of the parcel or its occupant, licensee, or invitee to
 1778  comply with any provision of the declaration, the association
 1779  bylaws, or reasonable rules of the association. This paragraph
 1780  does not apply to that portion of common areas used to provide
 1781  access or utility services to the parcel. A suspension may not
 1782  impair the right of an owner or tenant of a parcel to have
 1783  vehicular and pedestrian ingress to and egress from the parcel,
 1784  including, but not limited to, the right to park.
 1785         (b) A fine or suspension may not be imposed without at
 1786  least 14 days’ notice to the person sought to be fined or
 1787  suspended and an opportunity for a hearing before a committee of
 1788  at least three members appointed by the board who are not
 1789  officers, directors, or employees of the association, or the
 1790  spouse, parent, child, brother, or sister of an officer,
 1791  director, or employee. If the committee, by majority vote, does
 1792  not approve a proposed fine or suspension, it may not be
 1793  imposed. If the association imposes a fine or suspension, the
 1794  association must provide written notice of such fine or
 1795  suspension by mail or hand delivery to the parcel owner and, if
 1796  applicable, to any tenant, licensee, or invitee of the parcel
 1797  owner.
 1798         Section 18. Paragraph (d) is added to subsection (1) of
 1799  section 720.306, Florida Statutes, and subsection (6) and
 1800  paragraph (a) of subsection (9) of that section are amended, to
 1801  read:
 1802         720.306 Meetings of members; voting and election
 1803  procedures; amendments.—
 1804         (1) QUORUM; AMENDMENTS.—
 1805         (d) The Legislature finds that the procurement of mortgagee
 1806  consent to amendments that do not affect the rights or interests
 1807  of mortgagees is an unreasonable and substantial logistical and
 1808  financial burden on the parcel owners and that there is a
 1809  compelling state interest in enabling the members of an
 1810  association to approve amendments to the association’s governing
 1811  documents through legal means. Accordingly, and notwithstanding
 1812  any provision of this paragraph to the contrary:
 1813         1. As to any mortgage recorded on or after July 1, 2013,
 1814  any provision in the association’s governing documents that
 1815  requires the consent or joinder of some or all mortgagees of
 1816  parcels or any other portion of the association’s common areas
 1817  to amend the association’s governing documents or for any other
 1818  matter is enforceable only as to amendments to the association’s
 1819  governing documents that adversely affect the priority of the
 1820  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
 1821  or that otherwise materially affect the rights and interests of
 1822  the mortgagees.
 1823         2. As to mortgages recorded before July 1, 2013, any
 1824  existing provisions in the association’s governing documents
 1825  requiring mortgagee consent are enforceable.
 1826         3. In securing consent or joinder, the association is
 1827  entitled to rely upon the public records to identify the holders
 1828  of outstanding mortgages. The association may use the address
 1829  provided in the original recorded mortgage document, unless
 1830  there is a different address for the holder of the mortgage in a
 1831  recorded assignment or modification of the mortgage, which
 1832  recorded assignment or modification must reference the official
 1833  records book and page on which the original mortgage was
 1834  recorded. Once the association has identified the recorded
 1835  mortgages of record, the association shall, in writing, request
 1836  of each parcel owner whose parcel is encumbered by a mortgage of
 1837  record any information that the owner has in his or her
 1838  possession regarding the name and address of the person to whom
 1839  mortgage payments are currently being made. Notice shall be sent
 1840  to such person if the address provided in the original recorded
 1841  mortgage document is different from the name and address of the
 1842  mortgagee or assignee of the mortgage as shown by the public
 1843  record. The association is deemed to have complied with this
 1844  requirement by making the written request of the parcel owners
 1845  required under this subparagraph. Any notices required to be
 1846  sent to the mortgagees under this subparagraph shall be sent to
 1847  all available addresses provided to the association.
 1848         4. Any notice to the mortgagees required under subparagraph
 1849  3. may be sent by a method that establishes proof of delivery,
 1850  and any mortgagee who fails to respond within 60 days after the
 1851  date of mailing is deemed to have consented to the amendment.
 1852         5. For those amendments requiring mortgagee consent on or
 1853  after July 1, 2013, in the event mortgagee consent is provided
 1854  other than by properly recorded joinder, such consent shall be
 1855  evidenced by affidavit of the association recorded in the public
 1856  records of the county in which the declaration is recorded.
 1857         6. Any amendment adopted without the required consent of a
 1858  mortgagee is voidable only by a mortgagee who was entitled to
 1859  notice and an opportunity to consent. An action to void an
 1860  amendment is subject to the statute of limitations beginning 5
 1861  years after the date of discovery as to the amendments described
 1862  in subparagraph 1. and 5 years after the date of recordation of
 1863  the certificate of amendment for all other amendments. This
 1864  subparagraph applies to all mortgages, regardless of the date of
 1865  recordation of the mortgage.
 1866         (6) RIGHT TO SPEAK.—Members and parcel owners have the
 1867  right to attend all membership meetings and to speak at any
 1868  meeting with reference to all items opened for discussion or
 1869  included on the agenda. Notwithstanding any provision to the
 1870  contrary in the governing documents or any rules adopted by the
 1871  board or by the membership, a member and a parcel owner have the
 1872  right to speak for at least 3 minutes on any item, provided that
 1873  the member or parcel owner submits a written request to speak
 1874  prior to the meeting. The association may adopt written
 1875  reasonable rules governing the frequency, duration, and other
 1876  manner of member and parcel owner statements, which rules must
 1877  be consistent with this subsection.
 1878         (9)(a) ELECTIONS AND BOARD VACANCIES.—
 1879         (a) Elections of directors must be conducted in accordance
 1880  with the procedures set forth in the governing documents of the
 1881  association. All members of the association are eligible to
 1882  serve on the board of directors, and a member may nominate
 1883  himself or herself as a candidate for the board at a meeting
 1884  where the election is to be held or, if the election process
 1885  allows voting by absentee ballot, in advance of the balloting.
 1886  Except as otherwise provided in the governing documents, boards
 1887  of directors must be elected by a plurality of the votes cast by
 1888  eligible voters. Any challenge to the election process must be
 1889  commenced within 60 days after the election results are
 1890  announced.
 1891         Section 19. This act shall take effect July 1, 2013.
 1892  
 1893  ================= T I T L E  A M E N D M E N T ================
 1894         And the title is amended as follows:
 1895         Delete everything before the enacting clause
 1896  and insert:
 1897                        A bill to be entitled                      
 1898         An act relating to residential properties; amending s.
 1899         399.02, F.S.; exempting certain elevators from
 1900         specific code update requirements; amending s.
 1901         514.0115, F.S.; revising specified supervision and
 1902         regulation exemptions for homeowners’ association
 1903         swimming pools; amending s. 718.111, F.S.; revising
 1904         requirements for an association’s approval of land
 1905         purchases and recreational leases; revising
 1906         reconstruction costs for which unit owners are
 1907         responsible and authorizing the costs to be collected
 1908         in a specified manner; requiring an association to
 1909         repair or replace as a common expense certain
 1910         condominium property damaged by an insurable event;
 1911         requiring an association to allow a member or the
 1912         member’s representative to use certain portable
 1913         devices to make electronic copies of association
 1914         records; prohibiting the association from charging the
 1915         member or representative for using the portable
 1916         device; revising requirements for the preparation of
 1917         an association’s annual financial statement; amending
 1918         s. 718.112, F.S.; revising terms of members of an
 1919         association’s board of administrators and revising
 1920         eligibility criteria for candidates; revising
 1921         condominium unit owner meeting notice requirements;
 1922         providing for nonapplicability to associations
 1923         governing timeshare condominiums of certain provisions
 1924         relating to elections of board members; revising
 1925         recordkeeping requirements of a condominium
 1926         association board; requiring commencement of
 1927         challenges to an election within a specified period;
 1928         providing requirements for challenging the failure of
 1929         a board to duly notice and hold the required board
 1930         meeting or to file the required petition for a recall;
 1931         providing requirements for recalled board members to
 1932         challenge the recall; prohibiting the Division of
 1933         Florida Condominiums, Timeshares, and Mobile Homes of
 1934         the Department of Business and Professional Regulation
 1935         from accepting recall petitions for filing under
 1936         certain circumstances; amending s. 718.113, F.S.;
 1937         providing requirements for a condominium association
 1938         board relating to the installation of hurricane
 1939         shutters, impact glass, code-compliant windows or
 1940         doors, and other types of code-compliant hurricane
 1941         protection under certain circumstances; amending s.
 1942         718.115, F.S.; conforming provisions to changes made
 1943         by the act; amending s. 718.303, F.S.; revising
 1944         provisions relating to imposing remedies against a
 1945         noncompliant or delinquent condominium unit owner or
 1946         member; amending s. 718.403, F.S.; providing
 1947         requirements for the completion of phase condominiums;
 1948         creating s. 718.406, F.S.; providing definitions;
 1949         providing requirements for condominiums created within
 1950         condominium parcels; providing for the establishment
 1951         of primary condominium and secondary condominium
 1952         units; providing requirements for association
 1953         declarations; authorizing a primary condominium
 1954         association to provide insurance and adopt hurricane
 1955         shutter or hurricane protection specifications under
 1956         certain conditions; providing requirements relating to
 1957         assessments; providing for resolution of conflicts
 1958         between primary condominium declarations and secondary
 1959         condominium declarations; providing requirements
 1960         relating to common expenses due the primary
 1961         condominium association; amending s. 718.5011, F.S.;
 1962         revising the restriction on officers and full-time
 1963         employees of the ombudsman from engaging in other
 1964         businesses or professions; amending s. 719.104, F.S.;
 1965         requiring an association to allow a member or the
 1966         member’s representative to use certain portable
 1967         devices to make electronic copies of association
 1968         records; prohibiting the association from charging the
 1969         member or representative for using the portable
 1970         device; specifying additional records that are not
 1971         accessible to unit owners; amending s. 719.1055, F.S.;
 1972         revising provisions relating to the amendment of
 1973         cooperative documents; providing legislative findings
 1974         and a finding of compelling state interest; providing
 1975         criteria for consent or joinder to an amendment;
 1976         requiring notice regarding proposed amendments to
 1977         mortgagees; providing criteria for notification;
 1978         providing for voiding certain amendments; amending s.
 1979         719.106, F.S.; revising applicability of certain board
 1980         of administration meeting requirements; requiring
 1981         commencement of challenges to an election within a
 1982         specified period; specifying certification or
 1983         educational requirements for a newly elected or
 1984         appointed cooperative board director; providing
 1985         requirements for challenging the failure of a board to
 1986         duly notice and hold the required board meeting or to
 1987         file the required petition for a recall; providing
 1988         requirements for recalled board members to challenge
 1989         the recall; prohibiting the division from accepting
 1990         recall petitions for filing under certain
 1991         circumstances; providing education requirements for
 1992         board members; amending s. 719.303, F.S.; revising
 1993         provisions relating to imposing remedies against a
 1994         noncompliant or delinquent cooperative unit owner or
 1995         member; amending s. 719.501, F.S.; authorizing the
 1996         division to provide training and educational programs
 1997         for cooperative association board members and unit
 1998         owners; amending s. 720.303, F.S.; requiring an
 1999         association to allow a member or the member’s
 2000         representative to use certain portable devices to make
 2001         electronic copies of association records; prohibiting
 2002         the association from charging the member or
 2003         representative for using the portable device; revising
 2004         requirements for the preparation of an association’s
 2005         annual financial statement; revising the types of
 2006         records that are not accessible to homeowners’
 2007         association members and parcel owners; providing
 2008         requirements for challenging the failure of a board to
 2009         duly notice and hold the required board meeting or to
 2010         file the required petition for a recall; providing
 2011         requirements for recalled board members to challenge
 2012         the recall; prohibiting the division from accepting
 2013         recall petitions for filing under certain
 2014         circumstances; amending s. 720.305, F.S.; revising
 2015         provisions relating to imposing remedies against a
 2016         noncompliant or delinquent homeowners’ association
 2017         member and parcel owner; amending s. 720.306, F.S.;
 2018         revising provisions relating to the amendment of
 2019         homeowners’ association declarations; providing
 2020         legislative findings and a finding of compelling state
 2021         interest; providing criteria for consent or joinder to
 2022         an amendment; requiring notice to mortgagees regarding
 2023         proposed amendments; providing criteria for
 2024         notification; providing for voiding certain
 2025         amendments; revising provisions relating to right to
 2026         speak at a homeowners’ association meeting; requiring
 2027         commencement of challenges to an election within a
 2028         specified period; providing an effective date.