Florida Senate - 2021                               CS for SB 56
       
       
        
       By the Committee on Community Affairs; and Senator Rodriguez
       
       
       
       
       
       578-02371-21                                            202156c1
    1                        A bill to be entitled                      
    2         An act relating to community association assessment
    3         notices; amending s. 718.111, F.S.; requiring
    4         condominium associations to maintain specified
    5         affirmative acknowledgments as official records of the
    6         association; specifying that such acknowledgments are
    7         not accessible to unit owners; amending s. 718.116,
    8         F.S.; revising timeframes for foreclosure judgments;
    9         conforming provisions to changes made by the act;
   10         amending s. 718.121, F.S.; requiring condominium
   11         associations to deliver certain invoices for
   12         assessments or statements of account to unit owners in
   13         a specified manner; requiring condominium associations
   14         to give notice to unit owners before changing the
   15         method of delivery for the invoices for assessments or
   16         statements of account; providing requirements for the
   17         notice; requiring unit owners to affirmatively
   18         acknowledge the changes in delivery methods;
   19         prohibiting condominium associations from requiring
   20         the payment of attorney fees relating to past due
   21         assessments without first providing a specified notice
   22         to unit owners; providing requirements for the notice;
   23         establishing a rebuttable presumption relating to
   24         mailing the notice if a certain requirement is met;
   25         revising the timeframe for condominium associations to
   26         file liens against condominium units; conforming
   27         provisions to changes made by the act; amending s.
   28         719.104, F.S.; requiring cooperative associations to
   29         maintain specified affirmative acknowledgments as
   30         official records of the association; specifying that
   31         such acknowledgments are not accessible to unit
   32         owners; amending s. 719.108, F.S.; requiring
   33         cooperative associations to deliver certain invoices
   34         for assessments or statements of account to unit
   35         owners in a specified manner; requiring cooperative
   36         associations to give notice to unit owners before
   37         changing the method of delivery for the invoices for
   38         assessments or statements of account; providing
   39         requirements for the notice; requiring unit owners to
   40         affirmatively acknowledge the changes in delivery
   41         methods; prohibiting cooperative associations from
   42         requiring the payment of attorney fees relating to
   43         past due assessments without first providing specified
   44         notice to unit owners; providing requirements for the
   45         notice; establishing a rebuttable presumption relating
   46         to mailing the notice if a certain requirement is met;
   47         revising the timeframe for cooperative associations to
   48         file liens against cooperative parcels; conforming
   49         provisions to changes made by the act; amending s.
   50         720.303, F.S.; requiring homeowners’ associations to
   51         maintain specified affirmative acknowledgments as
   52         official records of the association; specifying that
   53         such acknowledgments are not accessible to parcel
   54         owners; amending s. 720.3085, F.S.; requiring
   55         homeowners’ associations to deliver certain invoices
   56         for assessments or statements of account to parcel
   57         owners in a specified manner; requiring homeowners’
   58         associations to give notice to parcel owners before
   59         changing the method of delivery for the invoices for
   60         assessments or statements of account; providing
   61         requirements for the notice; requiring parcel owners
   62         to affirmatively acknowledge the changes in delivery
   63         methods; prohibiting homeowners’ associations from
   64         requiring the payment of attorney fees relating to
   65         past due assessments without first providing specified
   66         notice to parcel owners; providing requirements for
   67         the notice; establishing a rebuttable presumption
   68         relating to mailing the notice if a certain
   69         requirement is met; providing an effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Paragraphs (a) and (c) of subsection (12) of
   74  section 718.111, Florida Statutes, are amended to read:
   75         718.111 The association.—
   76         (12) OFFICIAL RECORDS.—
   77         (a) From the inception of the association, the association
   78  shall maintain each of the following items, if applicable, which
   79  constitutes the official records of the association:
   80         1. A copy of the plans, permits, warranties, and other
   81  items provided by the developer pursuant to s. 718.301(4).
   82         2. A photocopy of the recorded declaration of condominium
   83  of each condominium operated by the association and each
   84  amendment to each declaration.
   85         3. A photocopy of the recorded bylaws of the association
   86  and each amendment to the bylaws.
   87         4. A certified copy of the articles of incorporation of the
   88  association, or other documents creating the association, and
   89  each amendment thereto.
   90         5. A copy of the current rules of the association.
   91         6. A book or books that contain the minutes of all meetings
   92  of the association, the board of administration, and the unit
   93  owners.
   94         7. A current roster of all unit owners and their mailing
   95  addresses, unit identifications, voting certifications, and, if
   96  known, telephone numbers. The association shall also maintain
   97  the e-mail addresses and facsimile numbers of unit owners
   98  consenting to receive notice by electronic transmission. The e
   99  mail addresses and facsimile numbers are not accessible to unit
  100  owners if consent to receive notice by electronic transmission
  101  is not provided in accordance with sub-subparagraph (c)3.e.
  102  However, the association is not liable for an inadvertent
  103  disclosure of the e-mail address or facsimile number for
  104  receiving electronic transmission of notices.
  105         8. All current insurance policies of the association and
  106  condominiums operated by the association.
  107         9. A current copy of any management agreement, lease, or
  108  other contract to which the association is a party or under
  109  which the association or the unit owners have an obligation or
  110  responsibility.
  111         10. Bills of sale or transfer for all property owned by the
  112  association.
  113         11. Accounting records for the association and separate
  114  accounting records for each condominium that the association
  115  operates. Any person who knowingly or intentionally defaces or
  116  destroys such records, or who knowingly or intentionally fails
  117  to create or maintain such records, with the intent of causing
  118  harm to the association or one or more of its members, is
  119  personally subject to a civil penalty pursuant to s.
  120  718.501(1)(d). The accounting records must include, but are not
  121  limited to:
  122         a. Accurate, itemized, and detailed records of all receipts
  123  and expenditures.
  124         b. A current account and a monthly, bimonthly, or quarterly
  125  statement of the account for each unit designating the name of
  126  the unit owner, the due date and amount of each assessment, the
  127  amount paid on the account, and the balance due.
  128         c. All audits, reviews, accounting statements, and
  129  financial reports of the association or condominium.
  130         d. All contracts for work to be performed. Bids for work to
  131  be performed are also considered official records and must be
  132  maintained by the association.
  133         12. Ballots, sign-in sheets, voting proxies, and all other
  134  papers and electronic records relating to voting by unit owners,
  135  which must be maintained for 1 year from the date of the
  136  election, vote, or meeting to which the document relates,
  137  notwithstanding paragraph (b).
  138         13. All rental records if the association is acting as
  139  agent for the rental of condominium units.
  140         14. A copy of the current question and answer sheet as
  141  described in s. 718.504.
  142         15. All other written records of the association not
  143  specifically included in the foregoing which are related to the
  144  operation of the association.
  145         16. A copy of the inspection report as described in s.
  146  718.301(4)(p).
  147         16.17. Bids for materials, equipment, or services.
  148         17.All affirmative acknowledgments made pursuant to s.
  149  718.121(4)(c).
  150         18. All other written records of the association not
  151  specifically included in the foregoing which are related to the
  152  operation of the association.
  153         (c)1. The official records of the association are open to
  154  inspection by any association member or the authorized
  155  representative of such member at all reasonable times. The right
  156  to inspect the records includes the right to make or obtain
  157  copies, at the reasonable expense, if any, of the member or
  158  authorized representative of such member. A renter of a unit has
  159  a right to inspect and copy the association’s bylaws and rules.
  160  The association may adopt reasonable rules regarding the
  161  frequency, time, location, notice, and manner of record
  162  inspections and copying. The failure of an association to
  163  provide the records within 10 working days after receipt of a
  164  written request creates a rebuttable presumption that the
  165  association willfully failed to comply with this paragraph. A
  166  unit owner who is denied access to official records is entitled
  167  to the actual damages or minimum damages for the association’s
  168  willful failure to comply. Minimum damages are $50 per calendar
  169  day for up to 10 days, beginning on the 11th working day after
  170  receipt of the written request. The failure to permit inspection
  171  entitles any person prevailing in an enforcement action to
  172  recover reasonable attorney fees from the person in control of
  173  the records who, directly or indirectly, knowingly denied access
  174  to the records.
  175         2. Any person who knowingly or intentionally defaces or
  176  destroys accounting records that are required by this chapter to
  177  be maintained during the period for which such records are
  178  required to be maintained, or who knowingly or intentionally
  179  fails to create or maintain accounting records that are required
  180  to be created or maintained, with the intent of causing harm to
  181  the association or one or more of its members, is personally
  182  subject to a civil penalty pursuant to s. 718.501(1)(d).
  183         3. The association shall maintain an adequate number of
  184  copies of the declaration, articles of incorporation, bylaws,
  185  and rules, and all amendments to each of the foregoing, as well
  186  as the question and answer sheet as described in s. 718.504 and
  187  year-end financial information required under this section, on
  188  the condominium property to ensure their availability to unit
  189  owners and prospective purchasers, and may charge its actual
  190  costs for preparing and furnishing these documents to those
  191  requesting the documents. An association shall allow a member or
  192  his or her authorized representative to use a portable device,
  193  including a smartphone, tablet, portable scanner, or any other
  194  technology capable of scanning or taking photographs, to make an
  195  electronic copy of the official records in lieu of the
  196  association’s providing the member or his or her authorized
  197  representative with a copy of such records. The association may
  198  not charge a member or his or her authorized representative for
  199  the use of a portable device. Notwithstanding this paragraph,
  200  the following records are not accessible to unit owners:
  201         a. Any record protected by the lawyer-client privilege as
  202  described in s. 90.502 and any record protected by the work
  203  product privilege, including a record prepared by an association
  204  attorney or prepared at the attorney’s express direction, which
  205  reflects a mental impression, conclusion, litigation strategy,
  206  or legal theory of the attorney or the association, and which
  207  was prepared exclusively for civil or criminal litigation or for
  208  adversarial administrative proceedings, or which was prepared in
  209  anticipation of such litigation or proceedings until the
  210  conclusion of the litigation or proceedings.
  211         b. Information obtained by an association in connection
  212  with the approval of the lease, sale, or other transfer of a
  213  unit.
  214         c. Personnel records of association or management company
  215  employees, including, but not limited to, disciplinary, payroll,
  216  health, and insurance records. For purposes of this sub
  217  subparagraph, the term “personnel records” does not include
  218  written employment agreements with an association employee or
  219  management company, or budgetary or financial records that
  220  indicate the compensation paid to an association employee.
  221         d. Medical records of unit owners.
  222         e. Social security numbers, driver license numbers, credit
  223  card numbers, e-mail addresses, telephone numbers, facsimile
  224  numbers, emergency contact information, addresses of a unit
  225  owner other than as provided to fulfill the association’s notice
  226  requirements, and other personal identifying information of any
  227  person, excluding the person’s name, unit designation, mailing
  228  address, property address, and any address, e-mail address, or
  229  facsimile number provided to the association to fulfill the
  230  association’s notice requirements. Notwithstanding the
  231  restrictions in this sub-subparagraph, an association may print
  232  and distribute to parcel owners a directory containing the name,
  233  parcel address, and all telephone numbers of each parcel owner.
  234  However, an owner may exclude his or her telephone numbers from
  235  the directory by so requesting in writing to the association. An
  236  owner may consent in writing to the disclosure of other contact
  237  information described in this sub-subparagraph. The association
  238  is not liable for the inadvertent disclosure of information that
  239  is protected under this sub-subparagraph if the information is
  240  included in an official record of the association and is
  241  voluntarily provided by an owner and not requested by the
  242  association.
  243         f. Electronic security measures that are used by the
  244  association to safeguard data, including passwords.
  245         g. The software and operating system used by the
  246  association which allow the manipulation of data, even if the
  247  owner owns a copy of the same software used by the association.
  248  The data is part of the official records of the association.
  249         h.All affirmative acknowledgments made pursuant to s.
  250  718.121(4)(c).
  251         Section 2. Paragraph (b) of subsection (6) of section
  252  718.116, Florida Statutes, is amended to read:
  253         718.116 Assessments; liability; lien and priority;
  254  interest; collection.—
  255         (6)
  256         (b) No foreclosure judgment may be entered until at least
  257  45 30 days after the association gives written notice to the
  258  unit owner of its intention to foreclose its lien to collect the
  259  unpaid assessments. The notice must be in substantially the
  260  following form:
  261  
  262                        DELINQUENT ASSESSMENT                      
  263  
  264         This letter is to inform you a Claim of Lien has been
  265         filed against your property because you have not paid
  266         the ...(type of assessment)... assessment to ...(name
  267         of association).... The association intends to
  268         foreclose the lien and collect the unpaid amount
  269         within 45 30 days of this letter being provided to
  270         you.
  271  
  272         You owe the interest accruing from ...(month/year)...
  273         to the present. As of the date of this letter, the
  274         total amount due with interest is $..... All costs of
  275         any action and interest from this day forward will
  276         also be charged to your account.
  277  
  278         Any questions concerning this matter should be
  279         directed to ...(insert name, addresses, and telephone
  280         numbers of association representative)....
  281  
  282  If this notice is not given at least 45 30 days before the
  283  foreclosure action is filed, and if the unpaid assessments,
  284  including those coming due after the claim of lien is recorded,
  285  are paid before the entry of a final judgment of foreclosure,
  286  the association shall not recover attorney attorney’s fees or
  287  costs. The notice must be given by delivery of a copy of it to
  288  the unit owner or by certified or registered mail, return
  289  receipt requested, addressed to the unit owner at his or her
  290  last known address; and, upon such mailing, the notice shall be
  291  deemed to have been given, and the court shall proceed with the
  292  foreclosure action and may award attorney attorney’s fees and
  293  costs as permitted by law. The notice requirements of this
  294  subsection are satisfied if the unit owner records a notice of
  295  contest of lien as provided in subsection (5). The notice
  296  requirements of this subsection do not apply if an action to
  297  foreclose a mortgage on the condominium unit is pending before
  298  any court; if the rights of the association would be affected by
  299  such foreclosure; and if actual, constructive, or substitute
  300  service of process has been made on the unit owner.
  301         Section 3. Subsection (4) of section 718.121, Florida
  302  Statutes, is amended, and subsections (5) and (6) are added to
  303  that section, to read:
  304         718.121 Liens.—
  305         (4)(a)If an association sends out an invoice for
  306  assessments or a unit’s statement of the account described in s.
  307  718.111(12), the invoice for assessments or the unit’s statement
  308  of account must be delivered to the unit owner by first-class
  309  United States mail or by electronic transmission to the unit
  310  owner’s e-mail address maintained in the association’s official
  311  records.
  312         (b)Before changing the method of delivery for an invoice
  313  for assessments or the statement of the account, the association
  314  must deliver a written notice of such change to each unit owner.
  315  The written notice must be delivered to the unit owner at least
  316  30 days before the association sends the invoice for assessments
  317  or the statement of the account by the new delivery method. The
  318  notice must be sent by first-class United States mail to the
  319  unit owner at his or her last address as reflected in the
  320  association’s records and, if such address is not the unit
  321  address, must be sent by first-class United States mail to the
  322  unit address. Notice is deemed to have been delivered upon
  323  mailing as required by this paragraph.
  324         (c)A unit owner must affirmatively acknowledge his or her
  325  understanding that the association will change its method of
  326  delivery of the invoice for assessments or the unit’s statement
  327  of the account before the association may change the method of
  328  delivering the statement of the account. The unit owner may make
  329  the affirmative acknowledgment electronically or in writing.
  330         (5)An association may not require payment of attorney fees
  331  related to a past due assessment without first delivering a
  332  written notice of late assessment to the unit owner which
  333  specifies the amount owed the association and provides the unit
  334  owner an opportunity to pay the amount owed without the
  335  assessment of attorney fees. The notice of late assessment must
  336  be sent by first-class United States mail to the unit owner at
  337  his or her last address as reflected in the association’s
  338  records and, if such address is not the unit address, must also
  339  be sent by first-class United States mail to the unit address.
  340  Notice is deemed to have been delivered upon mailing as required
  341  by this subsection. A rebuttable presumption that an association
  342  mailed a notice in accordance with this subsection is
  343  established if a board member, officer, or agent of the
  344  association, or a manager licensed under part VIII of chapter
  345  468, provides a sworn affidavit attesting to such mailing. The
  346  notice must be in substantially the following form:
  347  
  348                      NOTICE OF LATE ASSESSMENT                    
  349  
  350         RE: Unit .... of ...(name of association)...
  351  
  352         The following amounts are currently due on your
  353         account to ...(name of association)..., and must be
  354         paid within 30 days of the date of this letter. This
  355         letter shall serve as the association’s notice of its
  356         intent to proceed with further collection action
  357         against your property no sooner than 30 days of the
  358         date of this letter, unless you pay in full the
  359         amounts set forth below:
  360  
  361         Maintenance due ...(dates)...                      $.....
  362         Late fee, if applicable                            $.....
  363         Interest through ...(dates)...*                    $.....
  364         TOTAL OUTSTANDING                                  $.....
  365  
  366         *Interest accrues at the rate of .... percent per annum.
  367         (6) Except as otherwise provided in this chapter, no lien
  368  may be filed by the association against a condominium unit until
  369  45 30 days after the date on which a notice of intent to file a
  370  lien has been delivered to the owner by registered or certified
  371  mail, return receipt requested, and by first-class United States
  372  mail to the owner at his or her last address as reflected in the
  373  association’s records and, if such address is not the unit
  374  address, by first-class United States mail to the unit address
  375  of the association, if the address is within the United States,
  376  and delivered to the owner at the address of the unit if the
  377  owner’s address as reflected in the records of the association
  378  is not the unit address. If the address reflected in the records
  379  is outside the United States, sending the notice to that address
  380  and to the unit address by first-class United States mail is
  381  sufficient. Delivery of the notice shall be deemed given upon
  382  mailing as required by this subsection. The notice must be in
  383  substantially the following form:
  384  
  385                          NOTICE OF INTENT                         
  386                      TO RECORD A CLAIM OF LIEN                    
  387  
  388         RE: Unit .... of ...(name of association)...
  389  
  390         The following amounts are currently due on your
  391         account to ...(name of association)..., and must be
  392         paid within 45 30 days after your receipt of this
  393         letter. This letter shall serve as the association’s
  394         notice of intent to record a Claim of Lien against
  395         your property no sooner than 45 30 days after your
  396         receipt of this letter, unless you pay in full the
  397         amounts set forth below:
  398  
  399         Maintenance due ...(dates)...                      $.....
  400         Late fee, if applicable                            $.....
  401         Interest through ...(dates)...*                    $.....
  402         Certified mail charges                             $.....
  403         Other costs                                        $.....
  404         TOTAL OUTSTANDING                                  $.....
  405  
  406         *Interest accrues at the rate of .... percent per
  407         annum.
  408         Section 4. Paragraphs (a) and (c) of subsection (2) of
  409  section 719.104, Florida Statutes, are amended to read:
  410         719.104 Cooperatives; access to units; records; financial
  411  reports; assessments; purchase of leases.—
  412         (2) OFFICIAL RECORDS.—
  413         (a) From the inception of the association, the association
  414  shall maintain a copy of each of the following, where
  415  applicable, which shall constitute the official records of the
  416  association:
  417         1. The plans, permits, warranties, and other items provided
  418  by the developer pursuant to s. 719.301(4).
  419         2. A photocopy of the cooperative documents.
  420         3. A copy of the current rules of the association.
  421         4. A book or books containing the minutes of all meetings
  422  of the association, of the board of directors, and of the unit
  423  owners.
  424         5. A current roster of all unit owners and their mailing
  425  addresses, unit identifications, voting certifications, and, if
  426  known, telephone numbers. The association shall also maintain
  427  the e-mail addresses and the numbers designated by unit owners
  428  for receiving notice sent by electronic transmission of those
  429  unit owners consenting to receive notice by electronic
  430  transmission. The e-mail addresses and numbers provided by unit
  431  owners to receive notice by electronic transmission shall be
  432  removed from association records when consent to receive notice
  433  by electronic transmission is revoked. However, the association
  434  is not liable for an erroneous disclosure of the e-mail address
  435  or the number for receiving electronic transmission of notices.
  436         6. All current insurance policies of the association.
  437         7. A current copy of any management agreement, lease, or
  438  other contract to which the association is a party or under
  439  which the association or the unit owners have an obligation or
  440  responsibility.
  441         8. Bills of sale or transfer for all property owned by the
  442  association.
  443         9. Accounting records for the association and separate
  444  accounting records for each unit it operates, according to good
  445  accounting practices. The accounting records shall include, but
  446  not be limited to:
  447         a. Accurate, itemized, and detailed records of all receipts
  448  and expenditures.
  449         b. A current account and a monthly, bimonthly, or quarterly
  450  statement of the account for each unit designating the name of
  451  the unit owner, the due date and amount of each assessment, the
  452  amount paid upon the account, and the balance due.
  453         c. All audits, reviews, accounting statements, and
  454  financial reports of the association.
  455         d. All contracts for work to be performed. Bids for work to
  456  be performed shall also be considered official records and shall
  457  be maintained for a period of 1 year.
  458         10. Ballots, sign-in sheets, voting proxies, and all other
  459  papers and electronic records relating to voting by unit owners,
  460  which shall be maintained for a period of 1 year after the date
  461  of the election, vote, or meeting to which the document relates.
  462         11. All rental records where the association is acting as
  463  agent for the rental of units.
  464         12. A copy of the current question and answer sheet as
  465  described in s. 719.504.
  466         13. All affirmative acknowledgments made pursuant to s.
  467  719.108(3)(b)3.
  468         14. All other written records of the association not
  469  specifically included in the foregoing which are related to the
  470  operation of the association.
  471         (c) The official records of the association are open to
  472  inspection by any association member or the authorized
  473  representative of such member at all reasonable times. The right
  474  to inspect the records includes the right to make or obtain
  475  copies, at the reasonable expense, if any, of the association
  476  member. The association may adopt reasonable rules regarding the
  477  frequency, time, location, notice, and manner of record
  478  inspections and copying. The failure of an association to
  479  provide the records within 10 working days after receipt of a
  480  written request creates a rebuttable presumption that the
  481  association willfully failed to comply with this paragraph. A
  482  unit owner who is denied access to official records is entitled
  483  to the actual damages or minimum damages for the association’s
  484  willful failure to comply. The minimum damages are $50 per
  485  calendar day for up to 10 days, beginning on the 11th working
  486  day after receipt of the written request. The failure to permit
  487  inspection entitles any person prevailing in an enforcement
  488  action to recover reasonable attorney fees from the person in
  489  control of the records who, directly or indirectly, knowingly
  490  denied access to the records. Any person who knowingly or
  491  intentionally defaces or destroys accounting records that are
  492  required by this chapter to be maintained during the period for
  493  which such records are required to be maintained, or who
  494  knowingly or intentionally fails to create or maintain
  495  accounting records that are required to be created or
  496  maintained, with the intent of causing harm to the association
  497  or one or more of its members, is personally subject to a civil
  498  penalty pursuant to s. 719.501(1)(d). The association shall
  499  maintain an adequate number of copies of the declaration,
  500  articles of incorporation, bylaws, and rules, and all amendments
  501  to each of the foregoing, as well as the question and answer
  502  sheet as described in s. 719.504 and year-end financial
  503  information required by the department, on the cooperative
  504  property to ensure their availability to unit owners and
  505  prospective purchasers, and may charge its actual costs for
  506  preparing and furnishing these documents to those requesting the
  507  same. An association shall allow a member or his or her
  508  authorized representative to use a portable device, including a
  509  smartphone, tablet, portable scanner, or any other technology
  510  capable of scanning or taking photographs, to make an electronic
  511  copy of the official records in lieu of the association
  512  providing the member or his or her authorized representative
  513  with a copy of such records. The association may not charge a
  514  member or his or her authorized representative for the use of a
  515  portable device. Notwithstanding this paragraph, the following
  516  records shall not be accessible to unit owners:
  517         1. Any record protected by the lawyer-client privilege as
  518  described in s. 90.502 and any record protected by the work
  519  product privilege, including any record prepared by an
  520  association attorney or prepared at the attorney’s express
  521  direction which reflects a mental impression, conclusion,
  522  litigation strategy, or legal theory of the attorney or the
  523  association, and which was prepared exclusively for civil or
  524  criminal litigation or for adversarial administrative
  525  proceedings, or which was prepared in anticipation of such
  526  litigation or proceedings until the conclusion of the litigation
  527  or proceedings.
  528         2. Information obtained by an association in connection
  529  with the approval of the lease, sale, or other transfer of a
  530  unit.
  531         3. Personnel records of association or management company
  532  employees, including, but not limited to, disciplinary, payroll,
  533  health, and insurance records. For purposes of this
  534  subparagraph, the term “personnel records” does not include
  535  written employment agreements with an association employee or
  536  management company, or budgetary or financial records that
  537  indicate the compensation paid to an association employee.
  538         4. Medical records of unit owners.
  539         5. Social security numbers, driver license numbers, credit
  540  card numbers, e-mail addresses, telephone numbers, facsimile
  541  numbers, emergency contact information, addresses of a unit
  542  owner other than as provided to fulfill the association’s notice
  543  requirements, and other personal identifying information of any
  544  person, excluding the person’s name, unit designation, mailing
  545  address, property address, and any address, e-mail address, or
  546  facsimile number provided to the association to fulfill the
  547  association’s notice requirements. Notwithstanding the
  548  restrictions in this subparagraph, an association may print and
  549  distribute to unit parcel owners a directory containing the
  550  name, unit parcel address, and all telephone numbers of each
  551  unit parcel owner. However, an owner may exclude his or her
  552  telephone numbers from the directory by so requesting in writing
  553  to the association. An owner may consent in writing to the
  554  disclosure of other contact information described in this
  555  subparagraph. The association is not liable for the inadvertent
  556  disclosure of information that is protected under this
  557  subparagraph if the information is included in an official
  558  record of the association and is voluntarily provided by an
  559  owner and not requested by the association.
  560         6. Electronic security measures that are used by the
  561  association to safeguard data, including passwords.
  562         7. The software and operating system used by the
  563  association which allow the manipulation of data, even if the
  564  owner owns a copy of the same software used by the association.
  565  The data is part of the official records of the association.
  566         8.All affirmative acknowledgments made pursuant to s.
  567  719.108(3)(b)3.
  568         Section 5. Subsections (3) and (4) of section 719.108,
  569  Florida Statutes, are amended to read:
  570         719.108 Rents and assessments; liability; lien and
  571  priority; interest; collection; cooperative ownership.—
  572         (3)(a) Rents and assessments, and installments on them, not
  573  paid when due bear interest at the rate provided in the
  574  cooperative documents from the date due until paid. This rate
  575  may not exceed the rate allowed by law and, if a rate is not
  576  provided in the cooperative documents, accrues at 18 percent per
  577  annum. If the cooperative documents or bylaws so provide, the
  578  association may charge an administrative late fee in addition to
  579  such interest, not to exceed the greater of $25 or 5 percent of
  580  each installment of the assessment for each delinquent
  581  installment that the payment is late. Any payment received by an
  582  association must be applied first to any interest accrued by the
  583  association, then to any administrative late fee, then to any
  584  costs and reasonable attorney fees incurred in collection, and
  585  then to the delinquent assessment. The foregoing applies
  586  notwithstanding s. 673.3111, any purported accord and
  587  satisfaction, or any restrictive endorsement, designation, or
  588  instruction placed on or accompanying a payment. The preceding
  589  sentence is intended to clarify existing law. A late fee is not
  590  subject to chapter 687 or s. 719.303(4).
  591         (b)1.If an association sends out an invoice for
  592  assessments or a unit’s statement of the account described in s.
  593  719.104(2)(a)9.b., the invoice for assessments or the unit’s
  594  statement of account must be delivered to the unit owner by
  595  first-class United States mail or by electronic transmission to
  596  the unit owner’s e-mail address maintained in the association’s
  597  official records.
  598         2. Before changing the method of delivery for an invoice
  599  for assessments or the statement of the account, the association
  600  must deliver a written notice of such change to each unit owner.
  601  The written notice must be delivered to the unit owner at least
  602  30 days before the association sends the invoice for assessments
  603  or the statement of the account by the new delivery method. The
  604  notice must be sent by first-class United States mail to the
  605  unit owner at his or her last address as reflected in the
  606  association’s records and, if such address is not the unit
  607  address, must be sent by first-class United States mail to the
  608  unit address. Notice is deemed to have been delivered upon
  609  mailing as required by this subparagraph.
  610         3. A unit owner must affirmatively acknowledge his or her
  611  understanding that the association will change its method of
  612  delivery of the invoice for assessments or the unit’s statement
  613  of the account before the association may change the method of
  614  delivering the invoice for assessments or the statement of the
  615  account. The unit owner may make the affirmative acknowledgment
  616  electronically or in writing.
  617         (c) An association may not require payment of attorney fees
  618  related to a past due assessment without first delivering a
  619  written notice of late assessment to the owner which specifies
  620  the amount owed the association and provides the unit owner an
  621  opportunity to pay the amount owed without the assessment of
  622  attorney fees. The notice of late assessment must be sent by
  623  first-class United States mail to the unit owner at his or her
  624  last address as reflected in the association’s records and, if
  625  such address is not the unit address, must also be sent by
  626  first-class United States mail to the unit address. Notice is
  627  deemed to have been delivered upon mailing as required by this
  628  paragraph. A rebuttable presumption that an association mailed a
  629  notice in accordance with this subsection is established if a
  630  board member, officer, or agent of the association, or a manager
  631  licensed under part VIII of chapter 468, provides a sworn
  632  affidavit attesting to such mailing. The notice must be in
  633  substantially the following form:
  634  
  635                      NOTICE OF LATE ASSESSMENT                    
  636  
  637         RE: Unit .... of ...(name of association)...
  638  
  639         The following amounts are currently due on your
  640         account to ...(name of association)..., and must be
  641         paid within 30 days of the date of this letter. This
  642         letter shall serve as the association’s notice to
  643         proceed with further collection action against your
  644         property no sooner than 30 days of the date of this
  645         letter, unless you pay in full the amounts set forth
  646         below:
  647  
  648         Maintenance due ...(dates)...                      $.....
  649         Late fee, if applicable                            $.....
  650         Interest through ...(dates)...*                    $.....
  651         TOTAL OUTSTANDING                                  $.....
  652  
  653         *Interest accrues at the rate of .... percent per annum.
  654         (4) The association has a lien on each cooperative parcel
  655  for any unpaid rents and assessments, plus interest, and any
  656  administrative late fees. If authorized by the cooperative
  657  documents, the lien also secures reasonable attorney fees
  658  incurred by the association incident to the collection of the
  659  rents and assessments or enforcement of such lien. The lien is
  660  effective from and after recording a claim of lien in the public
  661  records in the county in which the cooperative parcel is located
  662  which states the description of the cooperative parcel, the name
  663  of the unit owner, the amount due, and the due dates. Except as
  664  otherwise provided in this chapter, a lien may not be filed by
  665  the association against a cooperative parcel until 45 30 days
  666  after the date on which a notice of intent to file a lien has
  667  been delivered to the owner.
  668         (a) The notice must be sent to the unit owner at the
  669  address of the unit by first-class United States mail, and the
  670  notice must be in substantially the following form:
  671  
  672                          NOTICE OF INTENT                         
  673                      TO RECORD A CLAIM OF LIEN                    
  674  
  675         RE: Unit ...(unit number)... of ...(name of
  676         cooperative)...
  677  
  678         The following amounts are currently due on your
  679         account to ...(name of association)..., and must be
  680         paid within 45 30 days after your receipt of this
  681         letter. This letter shall serve as the association’s
  682         notice of intent to record a Claim of Lien against
  683         your property no sooner than 45 30 days after your
  684         receipt of this letter, unless you pay in full the
  685         amounts set forth below:
  686  
  687         Maintenance due ...(dates)...                      $.....
  688         Late fee, if applicable                            $.....
  689         Interest through ...(dates)...*                    $.....
  690         Certified mail charges                             $.....
  691         Other costs                                        $.....
  692         TOTAL OUTSTANDING                                  $.....
  693  
  694         *Interest accrues at the rate of .... percent per
  695         annum.
  696         1. If the most recent address of the unit owner on the
  697  records of the association is the address of the unit, the
  698  notice must be sent by certified mail, return receipt requested,
  699  to the unit owner at the address of the unit.
  700         2. If the most recent address of the unit owner on the
  701  records of the association is in the United States, but is not
  702  the address of the unit, the notice must be sent by certified
  703  mail, return receipt requested, to the unit owner at his or her
  704  most recent address.
  705         3. If the most recent address of the unit owner on the
  706  records of the association is not in the United States, the
  707  notice must be sent by first-class United States mail to the
  708  unit owner at his or her most recent address.
  709         (b) A notice that is sent pursuant to this subsection is
  710  deemed delivered upon mailing. A claim of lien must be executed
  711  and acknowledged by an officer or authorized agent of the
  712  association. The lien is not effective 1 year after the claim of
  713  lien was recorded unless, within that time, an action to enforce
  714  the lien is commenced. The 1-year period is automatically
  715  extended for any length of time during which the association is
  716  prevented from filing a foreclosure action by an automatic stay
  717  resulting from a bankruptcy petition filed by the parcel owner
  718  or any other person claiming an interest in the parcel. The
  719  claim of lien secures all unpaid rents and assessments that are
  720  due and that may accrue after the claim of lien is recorded and
  721  through the entry of a final judgment, as well as interest and
  722  all reasonable costs and attorney fees incurred by the
  723  association incident to the collection process. Upon payment in
  724  full, the person making the payment is entitled to a
  725  satisfaction of the lien.
  726         (c) By recording a notice in substantially the following
  727  form, a unit owner or the unit owner’s agent or attorney may
  728  require the association to enforce a recorded claim of lien
  729  against his or her cooperative parcel:
  730  
  731                      NOTICE OF CONTEST OF LIEN                    
  732  
  733         TO: ...(Name and address of association)...:
  734  
  735         You are notified that the undersigned contests the
  736         claim of lien filed by you on ...., ...(year)..., and
  737         recorded in Official Records Book .... at Page ....,
  738         of the public records of .... County, Florida, and
  739         that the time within which you may file suit to
  740         enforce your lien is limited to 90 days from the date
  741         of service of this notice. Executed this .... day of
  742         ...., ...(year)....
  743         Signed: ...(Owner or Attorney)...
  744  
  745  After notice of contest of lien has been recorded, the clerk of
  746  the circuit court shall mail a copy of the recorded notice to
  747  the association by certified mail, return receipt requested, at
  748  the address shown in the claim of lien or most recent amendment
  749  to it and shall certify to the service on the face of the
  750  notice. Service is complete upon mailing. After service, the
  751  association has 90 days in which to file an action to enforce
  752  the lien. If the action is not filed within the 90-day period,
  753  the lien is void. However, the 90-day period shall be extended
  754  for any length of time during which the association is prevented
  755  from filing its action because of an automatic stay resulting
  756  from the filing of a bankruptcy petition by the unit owner or by
  757  any other person claiming an interest in the parcel.
  758         (d) A release of lien must be in substantially the
  759  following form:
  760  
  761                           RELEASE OF LIEN                         
  762  
  763  The undersigned lienor, in consideration of the final payment in
  764  the amount of $...., hereby waives and releases its lien and
  765  right to claim a lien for unpaid assessments through ....,
  766  ...(year)..., recorded in the Official Records Book .... at Page
  767  ...., of the public records of .... County, Florida, for the
  768  following described real property:
  769  
  770         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  771         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  772         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  773         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  774         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  775         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  776  
  777  ...(Signature of Authorized Agent)...           ...(Signature of
  778  Witness)...
  779  ...(Print Name)...                            ...(Print Name)...
  780  
  781  ...(Signature of Witness)...
  782  ...(Print Name)...
  783  
  784  Sworn to (or affirmed) and subscribed before me this .... day of
  785  ...., ...(year)..., by ...(name of person making statement)....
  786  ...(Signature of Notary Public)...
  787  ...(Print, type, or stamp commissioned name of Notary Public)...
  788  Personally Known .... OR Produced .... as identification.
  789         Section 6. Present paragraph (l) of subsection (4) of
  790  section 720.303, Florida Statutes, is redesignated as paragraph
  791  (m), a new paragraph (l) is added to that subsection, and
  792  paragraph (c) of subsection (5) of that section is amended, to
  793  read:
  794         720.303 Association powers and duties; meetings of board;
  795  official records; budgets; financial reporting; association
  796  funds; recalls.—
  797         (4) OFFICIAL RECORDS.—The association shall maintain each
  798  of the following items, when applicable, which constitute the
  799  official records of the association:
  800         (l) All affirmative acknowledgments made pursuant to s.
  801  720.3085(3)(c)3.
  802         (5) INSPECTION AND COPYING OF RECORDS.—The official records
  803  shall be maintained within the state for at least 7 years and
  804  shall be made available to a parcel owner for inspection or
  805  photocopying within 45 miles of the community or within the
  806  county in which the association is located within 10 business
  807  days after receipt by the board or its designee of a written
  808  request. This subsection may be complied with by having a copy
  809  of the official records available for inspection or copying in
  810  the community or, at the option of the association, by making
  811  the records available to a parcel owner electronically via the
  812  Internet or by allowing the records to be viewed in electronic
  813  format on a computer screen and printed upon request. If the
  814  association has a photocopy machine available where the records
  815  are maintained, it must provide parcel owners with copies on
  816  request during the inspection if the entire request is limited
  817  to no more than 25 pages. An association shall allow a member or
  818  his or her authorized representative to use a portable device,
  819  including a smartphone, tablet, portable scanner, or any other
  820  technology capable of scanning or taking photographs, to make an
  821  electronic copy of the official records in lieu of the
  822  association’s providing the member or his or her authorized
  823  representative with a copy of such records. The association may
  824  not charge a fee to a member or his or her authorized
  825  representative for the use of a portable device.
  826         (c) The association may adopt reasonable written rules
  827  governing the frequency, time, location, notice, records to be
  828  inspected, and manner of inspections, but may not require a
  829  parcel owner to demonstrate any proper purpose for the
  830  inspection, state any reason for the inspection, or limit a
  831  parcel owner’s right to inspect records to less than one 8-hour
  832  business day per month. The association may impose fees to cover
  833  the costs of providing copies of the official records, including
  834  the costs of copying and the costs required for personnel to
  835  retrieve and copy the records if the time spent retrieving and
  836  copying the records exceeds one-half hour and if the personnel
  837  costs do not exceed $20 per hour. Personnel costs may not be
  838  charged for records requests that result in the copying of 25 or
  839  fewer pages. The association may charge up to 25 cents per page
  840  for copies made on the association’s photocopier. If the
  841  association does not have a photocopy machine available where
  842  the records are kept, or if the records requested to be copied
  843  exceed 25 pages in length, the association may have copies made
  844  by an outside duplicating service and may charge the actual cost
  845  of copying, as supported by the vendor invoice. The association
  846  shall maintain an adequate number of copies of the recorded
  847  governing documents, to ensure their availability to members and
  848  prospective members. Notwithstanding this paragraph, the
  849  following records are not accessible to members or parcel
  850  owners:
  851         1. Any record protected by the lawyer-client privilege as
  852  described in s. 90.502 and any record protected by the work
  853  product privilege, including, but not limited to, a record
  854  prepared by an association attorney or prepared at the
  855  attorney’s express direction which reflects a mental impression,
  856  conclusion, litigation strategy, or legal theory of the attorney
  857  or the association and which was prepared exclusively for civil
  858  or criminal litigation or for adversarial administrative
  859  proceedings or which was prepared in anticipation of such
  860  litigation or proceedings until the conclusion of the litigation
  861  or proceedings.
  862         2. Information obtained by an association in connection
  863  with the approval of the lease, sale, or other transfer of a
  864  parcel.
  865         3. Personnel records of association or management company
  866  employees, including, but not limited to, disciplinary, payroll,
  867  health, and insurance records. For purposes of this
  868  subparagraph, the term “personnel records” does not include
  869  written employment agreements with an association or management
  870  company employee or budgetary or financial records that indicate
  871  the compensation paid to an association or management company
  872  employee.
  873         4. Medical records of parcel owners or community residents.
  874         5. Social security numbers, driver license numbers, credit
  875  card numbers, electronic mailing addresses, telephone numbers,
  876  facsimile numbers, emergency contact information, any addresses
  877  for a parcel owner other than as provided for association notice
  878  requirements, and other personal identifying information of any
  879  person, excluding the person’s name, parcel designation, mailing
  880  address, and property address. Notwithstanding the restrictions
  881  in this subparagraph, an association may print and distribute to
  882  parcel owners a directory containing the name, parcel address,
  883  and all telephone numbers of each parcel owner. However, an
  884  owner may exclude his or her telephone numbers from the
  885  directory by so requesting in writing to the association. An
  886  owner may consent in writing to the disclosure of other contact
  887  information described in this subparagraph. The association is
  888  not liable for the disclosure of information that is protected
  889  under this subparagraph if the information is included in an
  890  official record of the association and is voluntarily provided
  891  by an owner and not requested by the association.
  892         6. Any electronic security measure that is used by the
  893  association to safeguard data, including passwords.
  894         7. The software and operating system used by the
  895  association which allows the manipulation of data, even if the
  896  owner owns a copy of the same software used by the association.
  897  The data is part of the official records of the association.
  898         8.All affirmative acknowledgments made pursuant to s.
  899  720.3085(3)(c)3.
  900         Section 7. Paragraphs (c) and (d) are added to subsection
  901  (3) of section 720.3085, Florida Statutes, to read:
  902         720.3085 Payment for assessments; lien claims.—
  903         (3) Assessments and installments on assessments that are
  904  not paid when due bear interest from the due date until paid at
  905  the rate provided in the declaration of covenants or the bylaws
  906  of the association, which rate may not exceed the rate allowed
  907  by law. If no rate is provided in the declaration or bylaws,
  908  interest accrues at the rate of 18 percent per year.
  909         (c)1. If an association sends out an invoice for
  910  assessments or a parcel’s statement of the account described in
  911  s. 720.303(4)(j)2., the invoice for assessments or the parcel’s
  912  statement of account must be delivered to the parcel owner by
  913  first-class United States mail or by electronic transmission to
  914  the parcel owner’s e-mail address maintained in the
  915  association’s official records.
  916         2. Before changing the method of delivery for an invoice
  917  for assessments or the statement of the account, the association
  918  must deliver a written notice such change to each parcel owner.
  919  The written notice must be delivered to the parcel owner at
  920  least 30 days before the association sends the invoice for
  921  assessments or the statement of the account by the new delivery
  922  method. The notice must be sent by first-class United States
  923  mail to the owner at his or her last address as reflected in the
  924  association’s records and, if such address is not the parcel
  925  address, must be sent by first-class United States mail to the
  926  parcel address. Notice is deemed to have been delivered upon
  927  mailing as required by this subparagraph.
  928         3. A parcel owner must affirmatively acknowledge his or her
  929  understanding that the association will change its method of
  930  delivery of the invoice for assessments or the statement of the
  931  account before the association may change the method of
  932  delivering the statement of the account. The parcel owner may
  933  make the affirmative acknowledgment electronically or in
  934  writing.
  935         (d) An association may not require payment of attorney fees
  936  related to a past due assessment without first delivering a
  937  written notice of late assessment to the parcel owner which
  938  specifies the amount owed the association and provides the
  939  parcel owner an opportunity to pay the amount owed without the
  940  assessment of attorney fees. The notice of late assessment must
  941  be sent by first-class United States mail to the owner at his or
  942  her last address as reflected in the association’s records and,
  943  if such address is not the parcel address, must also be sent by
  944  first-class United States mail to the parcel address. Notice is
  945  deemed to have been delivered upon mailing as required by this
  946  paragraph. A rebuttable presumption that an association mailed a
  947  notice in accordance with this subsection is established if a
  948  board member, officer, or agent of the association, or a manager
  949  licensed under part VIII of chapter 468, provides a sworn
  950  affidavit attesting to such mailing. The notice must be in
  951  substantially the following form:
  952  
  953                      NOTICE OF LATE ASSESSMENT                    
  954  
  955         RE: Parcel .... of ...(name of association)...
  956  
  957         The following amounts are currently due on your
  958         account to ...(name of association)..., and must be
  959         paid within 30 days after the date of this letter.
  960         This letter shall serve as the association’s notice to
  961         proceed with further collection action against your
  962         property no sooner than 30 days after the date of this
  963         letter, unless you pay in full the amounts set forth
  964         below:
  965  
  966         Maintenance due ...(dates)...                      $.....
  967         Late fee, if applicable                            $.....
  968         Interest through ...(dates)...*                    $.....
  969         TOTAL OUTSTANDING                                  $.....
  970  
  971         *Interest accrues at the rate of .... percent per annum.
  972         Section 8. This act shall take effect July 1, 2021.