Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/HB 1187, 1st Eng.
       
       
       
       
       
       
                                Ì650756>Î650756                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/10/2016 04:48 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 1130 and 1131
    4  insert:
    5         Section 40. Paragraphs (b) and (d) of subsection (13) of
    6  section 718.111, Florida Statutes, are amended to read:
    7         718.111 The association.—
    8         (13) FINANCIAL REPORTING.—Within 90 days after the end of
    9  the fiscal year, or annually on a date provided in the bylaws,
   10  the association shall prepare and complete, or contract for the
   11  preparation and completion of, a financial report for the
   12  preceding fiscal year. Within 21 days after the final financial
   13  report is completed by the association or received from the
   14  third party, but not later than 120 days after the end of the
   15  fiscal year or other date as provided in the bylaws, the
   16  association shall mail to each unit owner at the address last
   17  furnished to the association by the unit owner, or hand deliver
   18  to each unit owner, a copy of the financial report or a notice
   19  that a copy of the financial report will be mailed or hand
   20  delivered to the unit owner, without charge, upon receipt of a
   21  written request from the unit owner. The division shall adopt
   22  rules setting forth uniform accounting principles and standards
   23  to be used by all associations and addressing the financial
   24  reporting requirements for multicondominium associations. The
   25  rules must include, but not be limited to, standards for
   26  presenting a summary of association reserves, including a good
   27  faith estimate disclosing the annual amount of reserve funds
   28  that would be necessary for the association to fully fund
   29  reserves for each reserve item based on the straight-line
   30  accounting method. This disclosure is not applicable to reserves
   31  funded via the pooling method. In adopting such rules, the
   32  division shall consider the number of members and annual
   33  revenues of an association. Financial reports shall be prepared
   34  as follows:
   35         (b)1. An association with total annual revenues of less
   36  than $150,000 shall prepare a report of cash receipts and
   37  expenditures.
   38         2. An association that operates fewer than 50 units,
   39  regardless of the association’s annual revenues, shall prepare a
   40  report of cash receipts and expenditures in lieu of financial
   41  statements required by paragraph (a).
   42         2.3. A report of cash receipts and disbursements must
   43  disclose the amount of receipts by accounts and receipt
   44  classifications and the amount of expenses by accounts and
   45  expense classifications, including, but not limited to, the
   46  following, as applicable: costs for security, professional and
   47  management fees and expenses, taxes, costs for recreation
   48  facilities, expenses for refuse collection and utility services,
   49  expenses for lawn care, costs for building maintenance and
   50  repair, insurance costs, administration and salary expenses, and
   51  reserves accumulated and expended for capital expenditures,
   52  deferred maintenance, and any other category for which the
   53  association maintains reserves.
   54         (d) If approved by a majority of the voting interests
   55  present at a properly called meeting of the association, an
   56  association may prepare:
   57         1. A report of cash receipts and expenditures in lieu of a
   58  compiled, reviewed, or audited financial statement;
   59         2. A report of cash receipts and expenditures or a compiled
   60  financial statement in lieu of a reviewed or audited financial
   61  statement; or
   62         3. A report of cash receipts and expenditures, a compiled
   63  financial statement, or a reviewed financial statement in lieu
   64  of an audited financial statement.
   65  
   66  Such meeting and approval must occur before the end of the
   67  fiscal year and is effective only for the fiscal year in which
   68  the vote is taken, except that the approval may also be
   69  effective for the following fiscal year. If the developer has
   70  not turned over control of the association, all unit owners,
   71  including the developer, may vote on issues related to the
   72  preparation of the association’s financial reports, from the
   73  date of incorporation of the association through the end of the
   74  second fiscal year after the fiscal year in which the
   75  certificate of a surveyor and mapper is recorded pursuant to s.
   76  718.104(4)(e) or an instrument that transfers title to a unit in
   77  the condominium which is not accompanied by a recorded
   78  assignment of developer rights in favor of the grantee of such
   79  unit is recorded, whichever occurs first. Thereafter, all unit
   80  owners except the developer may vote on such issues until
   81  control is turned over to the association by the developer. Any
   82  audit or review prepared under this section shall be paid for by
   83  the developer if done before turnover of control of the
   84  association. An association may not waive the financial
   85  reporting requirements of this section for more than 3
   86  consecutive years.
   87         Section 41. Paragraphs (b) and (c) of subsection (4) of
   88  section 719.104, Florida Statutes, are amended to read:
   89         719.104 Cooperatives; access to units; records; financial
   90  reports; assessments; purchase of leases.—
   91         (4) FINANCIAL REPORT.—
   92         (b) Except as provided in paragraph (c), an association
   93  whose total annual revenues meet the criteria of this paragraph
   94  shall prepare or cause to be prepared a complete set of
   95  financial statements according to the generally accepted
   96  accounting principles adopted by the Board of Accountancy. The
   97  financial statements shall be as follows:
   98         1. An association with total annual revenues between
   99  $150,000 and $299,999 shall prepare a compiled financial
  100  statement.
  101         2. An association with total annual revenues between
  102  $300,000 and $499,999 shall prepare a reviewed financial
  103  statement.
  104         3. An association with total annual revenues of $500,000 or
  105  more shall prepare an audited financial statement.
  106         4. The requirement to have the financial statement
  107  compiled, reviewed, or audited does not apply to an association
  108  if a majority of the voting interests of the association present
  109  at a duly called meeting of the association have voted to waive
  110  this requirement for the fiscal year. In an association in which
  111  turnover of control by the developer has not occurred, the
  112  developer may vote to waive the audit requirement for the first
  113  2 years of operation of the association, after which time waiver
  114  of an applicable audit requirement shall be by a majority of
  115  voting interests other than the developer. The meeting shall be
  116  held prior to the end of the fiscal year, and the waiver shall
  117  be effective for only one fiscal year. An association may not
  118  waive the financial reporting requirements of this section for
  119  more than 3 consecutive years.
  120         (c)1. An association with total annual revenues of less
  121  than $150,000 shall prepare a report of cash receipts and
  122  expenditures.
  123         2. An association in a community of fewer than 50 units,
  124  regardless of the association’s annual revenues, shall prepare a
  125  report of cash receipts and expenditures in lieu of the
  126  financial statements required by paragraph (b), unless the
  127  declaration or other recorded governing documents provide
  128  otherwise.
  129         2.3. A report of cash receipts and expenditures must
  130  disclose the amount of receipts by accounts and receipt
  131  classifications and the amount of expenses by accounts and
  132  expense classifications, including the following, as applicable:
  133  costs for security, professional, and management fees and
  134  expenses; taxes; costs for recreation facilities; expenses for
  135  refuse collection and utility services; expenses for lawn care;
  136  costs for building maintenance and repair; insurance costs;
  137  administration and salary expenses; and reserves, if maintained
  138  by the association.
  139         Section 42. Paragraph (b) of subsection (7) of section
  140  720.303, Florida Statutes, is amended to read:
  141         720.303 Association powers and duties; meetings of board;
  142  official records; budgets; financial reporting; association
  143  funds; recalls.—
  144         (7) FINANCIAL REPORTING.—Within 90 days after the end of
  145  the fiscal year, or annually on the date provided in the bylaws,
  146  the association shall prepare and complete, or contract with a
  147  third party for the preparation and completion of, a financial
  148  report for the preceding fiscal year. Within 21 days after the
  149  final financial report is completed by the association or
  150  received from the third party, but not later than 120 days after
  151  the end of the fiscal year or other date as provided in the
  152  bylaws, the association shall, within the time limits set forth
  153  in subsection (5), provide each member with a copy of the annual
  154  financial report or a written notice that a copy of the
  155  financial report is available upon request at no charge to the
  156  member. Financial reports shall be prepared as follows:
  157         (b)1. An association with total annual revenues of less
  158  than $150,000 shall prepare a report of cash receipts and
  159  expenditures.
  160         2. An association in a community of fewer than 50 parcels,
  161  regardless of the association’s annual revenues, may prepare a
  162  report of cash receipts and expenditures in lieu of financial
  163  statements required by paragraph (a) unless the governing
  164  documents provide otherwise.
  165         2.3. A report of cash receipts and disbursement must
  166  disclose the amount of receipts by accounts and receipt
  167  classifications and the amount of expenses by accounts and
  168  expense classifications, including, but not limited to, the
  169  following, as applicable: costs for security, professional, and
  170  management fees and expenses; taxes; costs for recreation
  171  facilities; expenses for refuse collection and utility services;
  172  expenses for lawn care; costs for building maintenance and
  173  repair; insurance costs; administration and salary expenses; and
  174  reserves if maintained by the association.
  175  
  176  ================= T I T L E  A M E N D M E N T ================
  177  And the title is amended as follows:
  178         Delete line 139
  179  and insert:
  180         adopt rules; amending ss. 718.111 and 719.104, F.S.;
  181         deleting provisions requiring certain associations to
  182         prepare a financial report; deleting provisions
  183         limiting the number of years an association may waive
  184         financial reporting requirements; amending s. 720.303,
  185         F.S.; deleting a provision authorizing a certain
  186         association to prepare a specified report; providing
  187         an effective date.