Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 610
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Criminal Justice (Pizzo) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 88 - 197
    4  and insert:
    5         (a) From the inception of the association, the association
    6  shall maintain each of the following items, if applicable, which
    7  constitutes the official records of the association:
    8         1. A copy of the plans, permits, warranties, and other
    9  items provided by the developer pursuant to s. 718.301(4).
   10         2. A photocopy of the recorded declaration of condominium
   11  of each condominium operated by the association and each
   12  amendment to each declaration.
   13         3. A photocopy of the recorded bylaws of the association
   14  and each amendment to the bylaws.
   15         4. A certified copy of the articles of incorporation of the
   16  association, or other documents creating the association, and
   17  each amendment thereto.
   18         5. A copy of the current rules of the association.
   19         6. A book or books that contain the minutes of all meetings
   20  of the association, the board of administration, and the unit
   21  owners.
   22         7. A current roster of all unit owners and their mailing
   23  addresses, unit identifications, voting certifications, and, if
   24  known, telephone numbers. The association shall also maintain
   25  the e-mail addresses and facsimile numbers of unit owners
   26  consenting to receive notice by electronic transmission. The e
   27  mail addresses and facsimile numbers are not accessible to unit
   28  owners if consent to receive notice by electronic transmission
   29  is not provided in accordance with sub-subparagraph (c)3.e.
   30  However, the association is not liable for an inadvertent
   31  disclosure of the e-mail address or facsimile number for
   32  receiving electronic transmission of notices.
   33         8. All current insurance policies of the association and
   34  condominiums operated by the association.
   35         9. A current copy of any management agreement, lease, or
   36  other contract to which the association is a party or under
   37  which the association or the unit owners have an obligation or
   38  responsibility.
   39         10. Bills of sale or transfer for all property owned by the
   40  association.
   41         11. Accounting records for the association and separate
   42  accounting records for each condominium that the association
   43  operates. Any person who knowingly or intentionally defaces or
   44  destroys such records, or who knowingly or intentionally fails
   45  to create or maintain such records, with the intent of causing
   46  harm to the association or one or more of its members, is
   47  personally subject to a civil penalty pursuant to s.
   48  718.501(1)(d). The accounting records must include, but are not
   49  limited to:
   50         a. Accurate, itemized, and detailed records of all receipts
   51  and expenditures.
   52         b. A current account and a monthly, bimonthly, or quarterly
   53  statement of the account for each unit designating the name of
   54  the unit owner, the due date and amount of each assessment, the
   55  amount paid on the account, and the balance due.
   56         c. All audits, reviews, accounting statements, and
   57  financial reports of the association or condominium.
   58         d. All contracts for work to be performed. Bids for work to
   59  be performed are also considered official records and must be
   60  maintained by the association.
   61         e.All bank statements, canceled checks, and credit card
   62  statements.
   63         f.All invoices, transaction receipts, deposit slips, or
   64  other underlying documentation that substantiates any receipt or
   65  expenditure of funds by the association.
   66         12. Ballots, sign-in sheets, voting proxies, and all other
   67  papers and electronic records relating to voting by unit owners,
   68  which must be maintained for 1 year from the date of the
   69  election, vote, or meeting to which the document relates,
   70  notwithstanding paragraph (b).
   71         13. All rental records if the association is acting as
   72  agent for the rental of condominium units.
   73         14. A copy of the current question and answer sheet as
   74  described in s. 718.504.
   75         15. All other written records of the association not
   76  specifically included in the foregoing which are related to the
   77  operation of the association.
   78         16. A copy of the inspection report as described in s.
   79  718.301(4)(p).
   80         17. Bids for materials, equipment, or services.
   81         (b) The official records specified in subparagraphs (a)1.
   82  6. must be permanently maintained from the inception of the
   83  association. All other official records must be maintained
   84  within the state for at least 7 years, unless otherwise provided
   85  by general law. The official records must be maintained in an
   86  organized manner that facilitates inspection of the records by a
   87  unit owner. The obligation to maintain official records includes
   88  the obligation to obtain and recreate those records to the
   89  fullest extent possible in the event that the records are lost,
   90  destroyed, or otherwise unavailable. The records of the
   91  association shall be made available to a unit owner within 45
   92  miles of the condominium property or within the county in which
   93  the condominium property is located within 10 working days after
   94  receipt of a written request by the board or its designee.
   95  However, such distance requirement does not apply to an
   96  association governing a timeshare condominium. This paragraph
   97  may be complied with by having a copy of the official records of
   98  the association available for inspection or copying on the
   99  condominium property or association property, or the association
  100  may offer the option of making the records available to a unit
  101  owner electronically via the Internet or by allowing the records
  102  to be viewed in electronic format on a computer screen and
  103  printed upon request. The association is not responsible for the
  104  use or misuse of the information provided to an association
  105  member or his or her authorized representative pursuant to the
  106  compliance requirements of this chapter unless the association
  107  has an affirmative duty not to disclose such information
  108  pursuant to this chapter.
  109         (c)1. The official records of the association are open to
  110  inspection by any association member or the authorized
  111  representative of such member at all reasonable times. The right
  112  to inspect the records includes the right to make or obtain
  113  copies, at the reasonable expense, if any, of the member or
  114  authorized representative of such member. A renter of a unit has
  115  a right to inspect and copy the association’s bylaws and rules.
  116  The association may adopt reasonable rules regarding the
  117  frequency, time, location, notice, and manner of record
  118  inspections and copying. The failure of an association to
  119  provide the records within 10 working days after receipt of a
  120  written request that complies with the association’s document
  121  inspection rule creates a rebuttable presumption that the
  122  association willfully failed to comply with this paragraph. A
  123  unit owner who is denied access to official records is entitled
  124  to the actual damages or minimum damages for the association’s
  125  willful failure to comply. Minimum damages are $50 per calendar
  126  day for up to 10 days, beginning on the 11th working day after
  127  receipt of the written request that complies with the
  128  association’s document inspection rule. The failure to permit
  129  inspection entitles any person prevailing in an enforcement
  130  action to recover reasonable attorney fees from the person in
  131  control of the records who, directly or indirectly, knowingly
  132  denied access to the records. If the requested records are
  133  posted on an association’s website, the association may fulfill
  134  its obligations as provided under this paragraph by directing to
  135  the website all persons authorized to request access to official
  136  records pursuant to this paragraph.
  137         2. Any director or member of the board or association or a
  138  community association manager who knowingly, willfully, and
  139  repeatedly violates subparagraph 1. commits a misdemeanor of the
  140  second degree, punishable as provided in s. 775.082 or s.
  141  775.083. For the purposes of this subparagraph, the term
  142  “repeatedly” means two or more violations within a 12-month
  143  period.
  144         3.2. Any person who knowingly or intentionally defaces or
  145  destroys accounting records that are required by this chapter to
  146  be maintained during the period for which such records are
  147  required to be maintained, or who knowingly or intentionally
  148  fails to create or maintain accounting records that are required
  149  to be created or maintained, with the intent of causing harm to
  150  the association or one or more of its members, commits a
  151  misdemeanor of the first degree, punishable as provided in s.
  152  775.082 or s. 775.083 is personally subject to a civil penalty
  153  pursuant to s. 718.501(1)(d).
  154         4. Any person who willfully and knowingly refuses to
  155  release or otherwise produce association records with the intent
  156  to avoid or escape detection, arrest, trial, or punishment for
  157  the commission of a crime, or to assist another person with such
  158  avoidance or escape, commits a felony of the third degree,
  159  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  160         5.3. The association shall maintain an adequate number of
  161  copies of the declaration, articles of incorporation, bylaws,
  162  and rules, and all amendments to each of the foregoing, as well
  163  as the question and answer sheet as described in s. 718.504 and
  164  year-end financial information required under this section, on
  165  the condominium property to ensure their availability to unit
  166  owners and prospective purchasers, and may charge its actual
  167  costs for preparing and furnishing these documents to those
  168  requesting the documents. An association shall allow a member or
  169  his or her authorized representative to use a portable device,
  170  including a smartphone, tablet, portable scanner, or any other
  171  technology capable of scanning or taking photographs, to make an
  172  electronic copy of the official records in lieu of the
  173  association’s providing the member or his or her authorized
  174  representative with a copy of such records. The association may
  175  not charge a member or his or her authorized representative for
  176  the use of a portable device. Notwithstanding this paragraph,
  177  the following records are not accessible to unit owners:
  178         a. Any record protected by the lawyer-client privilege as
  179  described in s. 90.502 and any record protected by the work
  180  product privilege, including a record prepared by an association
  181  attorney or prepared at the attorney’s express direction, which
  182  reflects a mental impression, conclusion, litigation strategy,
  183  or legal theory of the attorney or the association, and which
  184  was prepared exclusively for civil or criminal litigation or for
  185  adversarial administrative proceedings, or which was prepared in
  186  anticipation of such litigation or proceedings until the
  187  conclusion of the litigation or proceedings.
  188         b. Information obtained by an association in connection
  189  with the approval of the lease, sale, or other transfer of a
  190  unit.
  191         c. Personnel records of association or management company
  192  employees, including, but not limited to, disciplinary, payroll,
  193  health, and insurance records. For purposes of this sub
  194  subparagraph, the term “personnel records” does not include
  195  written employment agreements with an association employee or
  196  management company, or budgetary or financial records that
  197  indicate the compensation paid to an association employee.
  198         d. Medical records of unit owners.
  199         e. Social security numbers, driver license numbers, credit
  200  card numbers, e-mail addresses, telephone numbers, facsimile
  201  numbers, emergency contact information, addresses of a unit
  202  owner other than as provided to fulfill the association’s notice
  203  requirements, and other personal identifying information of any
  204  person, excluding the person’s name, unit designation, mailing
  205  address, property address, and any address, e-mail address, or
  206  facsimile number provided to the association to fulfill the
  207  association’s notice requirements. Notwithstanding the
  208  restrictions in this sub-subparagraph, an association may print
  209  and distribute to parcel owners a directory containing the name,
  210  parcel address, and all telephone numbers of each parcel owner.
  211  However, an owner may exclude his or her telephone numbers from
  212  the directory by so requesting in writing to the association. An
  213  owner may consent in writing to the disclosure of other contact
  214  information described in this sub-subparagraph. The association
  215  is not liable for the inadvertent disclosure of information that
  216  is protected under this sub-subparagraph if the information is
  217  included in an official record of the association and is
  218  voluntarily provided by an owner and not requested by the
  219  association.
  220         f. Electronic security measures that are used by the
  221  association to safeguard data, including passwords.
  222         g. 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         (g)1. By January 1, 2021 2019, an association managing a
  227  condominium with 25 150 or more units which does not contain
  228  timeshare units shall post digital copies of the documents
  229  specified in subparagraph 2. on its website.
  230         a. The association’s website must be:
  231         (I) An independent website or web portal wholly owned and
  232  operated by the association; or
  233         (II) A website or web portal operated by a third-party
  234  provider with whom the association owns, leases, rents, or
  235  otherwise obtains the right to operate a web page, subpage, web
  236  portal, or collection of subpages or web portals dedicated to
  237  the association’s activities and on which required notices,
  238  records, and documents may be posted by the association.
  239         b. The association’s website must be accessible through the
  240  Internet and must contain a subpage, web portal, or other
  241  protected electronic location that is inaccessible to the
  242  general public and accessible only to unit owners and employees
  243  of the association.
  244         c. Upon a unit owner’s written request, the association
  245  must provide the unit owner with a username and password and
  246  access to the protected sections of the association’s website
  247  that contain any notices, records, or documents that must be
  248  electronically provided.
  249         2. A current copy of the following documents must be posted
  250  in digital format on the association’s website:
  251         a. The recorded declaration of condominium of each
  252  condominium operated by the association and each amendment to
  253  each declaration.
  254         b. The recorded bylaws of the association and each
  255  amendment to the bylaws.
  256         c. The articles of incorporation of the association, or
  257  other documents creating the association, and each amendment
  258  thereto. The copy posted pursuant to this sub-subparagraph must
  259  be a copy of the articles of incorporation filed with the
  260  Department of State.
  261         d. The rules of the association.
  262         e. A list of all executory contracts or documents to which
  263  the association is a party or under which the association or the
  264  unit owners have an obligation or responsibility and, after
  265  bidding for the related materials, equipment, or services has
  266  closed, a list of bids received by the association within the
  267  past year. Summaries of bids for materials, equipment, or
  268  services which exceed $500 must be maintained on the website for
  269  1 year. In lieu of summaries, complete copies of the bids may be
  270  posted.
  271         f. The annual budget required by s. 718.112(2)(f) and any
  272  proposed budget to be considered at the annual meeting.
  273         g. The financial report required by subsection (13) and any
  274  monthly income or expense statement to be considered at a
  275  meeting.
  276         h. The certification of each director required by s.
  277  718.112(2)(d)4.b.
  278         i. All contracts or transactions between the association
  279  and any director, officer, corporation, firm, or association
  280  that is not an affiliated condominium association or any other
  281  entity in which an association director is also a director or
  282  officer and financially interested.
  283         j. Any contract or document regarding a conflict of
  284  interest or possible conflict of interest as provided in ss.
  285  468.436(2)(b)6. and 718.3027(3).
  286         k. The notice of any unit owner meeting and the agenda for
  287  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  288  days before the meeting. The notice must be posted in plain view
  289  on the front page of the website, or on a separate subpage of
  290  the website labeled “Notices” which is conspicuously visible and
  291  linked from the front page. The association must also post on
  292  its website any document to be considered and voted on by the
  293  owners during the meeting or any document listed on the agenda
  294  at least 7 days before the meeting at which the document or the
  295  information within the document will be considered.
  296         l. Notice of any board meeting, the agenda, and any other
  297  document required for the meeting as required by s.
  298  718.112(2)(c), which must be posted no later than the date
  299  required for notice pursuant to s. 718.112(2)(c).
  300         3. The association shall ensure that the information and
  301  records described in paragraph (c), which are not allowed to be
  302  accessible to unit owners, are not posted on the association’s
  303  website. If protected information or information restricted from
  304  being accessible to unit owners is included in documents that
  305  are required to be posted on the association’s website, the
  306  association shall ensure the information is redacted before
  307  posting the documents online. Notwithstanding the foregoing, the
  308  association or its agent is not liable for disclosing
  309  information that is protected or restricted pursuant to this
  310  paragraph unless such disclosure was made with a knowing or
  311  intentional disregard of the protected or restricted nature of
  312  such information.
  313         4. The failure of the association to post information
  314  required under subparagraph 2. is not in and of itself
  315  sufficient to invalidate any action or decision of the
  316  association’s board or its committees.
  317         5.By January 1, 2021, an association managing 25 or more
  318  units shall post on its website digital copies of all official
  319  records subject to inspection by tenants or unit owners or their
  320  authorized representatives.
  322  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  323  And the directory clause is amended as follows:
  324         Delete line 18
  325  and insert:
  326  paragraphs (a), (b), (c), and (g) of subsection (12), and
  327  paragraph (b) of
  329  ================= T I T L E  A M E N D M E N T ================
  330  And the title is amended as follows:
  331         Delete lines 5 - 7
  332  and insert:
  333         kickbacks; revising the documents required to be
  334         included with accounting records; requiring an
  335         association to maintain official records in a
  336         specified manner; revising requirements for the
  337         creation of a rebuttable presumption relating to the
  338         provision of records; authorizing an association to
  339         direct certain persons to the association’s website to
  340         fulfill certain obligations relating to the inspection
  341         of records; providing criminal penalties for certain
  342         violations relating to official association records;
  343         defining the term “repeatedly”; requiring certain
  344         associations to post copies of certain documents on
  345         the association’s website by a specified date;
  346         revising criminal