Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS/HB 7069, 1st Eng.
       
       
       
       
       
       
                                Ì826750(Î826750                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 468.4334, Florida
    6  Statutes, is amended to read:
    7         468.4334 Professional practice standards; liability.—
    8         (1)(a) A community association manager or a community
    9  association management firm is deemed to act as agent on behalf
   10  of a community association as principal within the scope of
   11  authority authorized by a written contract or under this
   12  chapter. A community association manager and a community
   13  association management firm shall discharge duties performed on
   14  behalf of the association as authorized by this chapter loyally,
   15  skillfully, and diligently; dealing honestly and fairly; in good
   16  faith; with care and full disclosure to the community
   17  association; accounting for all funds; and not charging
   18  unreasonable or excessive fees.
   19         (b) If a community association manager or a community
   20  association management firm has a contract with a community
   21  association that has a building on the association’s property
   22  that is subject to s. 553.899, the community association manager
   23  or the community association management firm must comply with
   24  that section as directed by the board.
   25         Section 2. Section 553.899, Florida Statutes, is created to
   26  read:
   27         553.899 Mandatory structural inspections for condominium
   28  and cooperative buildings.—
   29         (1) The Legislature finds that maintaining the structural
   30  integrity of a building throughout its service life is of
   31  paramount importance in order to ensure that buildings are
   32  structurally sound so as to not pose a threat to the public
   33  health, safety, or welfare. As such, the Legislature finds that
   34  the imposition of a statewide structural inspection program for
   35  aging condominium and cooperative buildings in this state is
   36  necessary to ensure that such buildings are safe for continued
   37  use.
   38         (2) As used in this section, the terms:
   39         (a) “Milestone inspection” means a structural inspection of
   40  a building, including an inspection of load-bearing walls and
   41  the primary structural members and primary structural systems as
   42  those terms are defined in s. 627.706, by a licensed architect
   43  or engineer authorized to practice in this state for the
   44  purposes of attesting to the life safety and adequacy of the
   45  structural components of the building and, to the extent
   46  reasonably possible, determining the general structural
   47  condition of the building as it affects the safety of such
   48  building, including a determination of any necessary
   49  maintenance, repair, or replacement of any structural component
   50  of the building. The purpose of such inspection is not to
   51  determine if the condition of an existing building is in
   52  compliance with the Florida Building Code or the firesafety
   53  code.
   54         (b) “Substantial structural deterioration” means
   55  substantial structural distress that negatively affects a
   56  building’s general structural condition and integrity. The term
   57  does not include surface imperfections such as cracks,
   58  distortion, sagging, deflections, misalignment, signs of
   59  leakage, or peeling of finishes unless the licensed engineer or
   60  architect performing the phase one or phase two inspection
   61  determines that such surface imperfections are a sign of
   62  substantial structural deterioration.
   63         (3) A condominium association under chapter 718 and a
   64  cooperative association under chapter 719 must have a milestone
   65  inspection performed for each building that is three stories or
   66  more in height by December 31 of the year in which the building
   67  reaches 30 years of age, based on the date the certificate of
   68  occupancy for the building was issued, and every 10 years
   69  thereafter. If the building is located within 3 miles of a
   70  coastline as defined in s. 376.031, the condominium association
   71  or cooperative association must have a milestone inspection
   72  performed by December 31 of the year in which the building
   73  reaches 25 years of age, based on the date the certificate of
   74  occupancy for the building was issued, and every 10 years
   75  thereafter. The condominium association or cooperative
   76  association must arrange for the milestone inspection to be
   77  performed and is responsible for ensuring compliance with the
   78  requirements of this section. The condominium association or
   79  cooperative association is responsible for all costs associated
   80  with the inspection. This subsection does not apply to a two
   81  family or three-family dwelling with three or fewer habitable
   82  stories above ground.
   83         (4) If a milestone inspection is required under this
   84  section and the building’s certificate of occupancy was issued
   85  on or before July 1, 1992, the building’s initial milestone
   86  inspection must be performed before December 31, 2024. If the
   87  date of issuance for the certificate of occupancy is not
   88  available, the date of issuance of the building’s certificate of
   89  occupancy shall be the date of occupancy evidenced in any record
   90  of the local building official.
   91         (5) Upon determining that a building must have a milestone
   92  inspection, the local enforcement agency must provide written
   93  notice of such required inspection to the condominium
   94  association or cooperative association by certified mail, return
   95  receipt requested.
   96         (6) Within 180 days after receiving the written notice
   97  under subsection (5), the condominium association or cooperative
   98  association must complete phase one of the milestone inspection.
   99  For purposes of this section, completion of phase one of the
  100  milestone inspection means the licensed engineer or architect
  101  who performed the phase one inspection submitted the inspection
  102  report by e-mail, United States Postal Service, or commercial
  103  delivery service to the local enforcement agency.
  104         (7) A milestone inspection consists of two phases:
  105         (a) For phase one of the milestone inspection, a licensed
  106  architect or engineer authorized to practice in this state shall
  107  perform a visual examination of habitable and nonhabitable areas
  108  of a building, including the major structural components of a
  109  building, and provide a qualitative assessment of the structural
  110  conditions of the building. If the architect or engineer finds
  111  no signs of substantial structural deterioration to any building
  112  components under visual examination, phase two of the
  113  inspection, as provided in paragraph (b), is not required. An
  114  architect or engineer who completes a phase one milestone
  115  inspection shall prepare and submit an inspection report
  116  pursuant to subsection (8).
  117         (b) A phase two of the milestone inspection must be
  118  performed if any substantial structural deterioration is
  119  identified during phase one. A phase two inspection may involve
  120  destructive or nondestructive testing at the inspector’s
  121  direction. The inspection may be as extensive or as limited as
  122  necessary to fully assess areas of structural distress in order
  123  to confirm that the building is structurally sound and safe for
  124  its intended use and to recommend a program for fully assessing
  125  and repairing distressed and damaged portions of the building.
  126  When determining testing locations, the inspector must give
  127  preference to locations that are the least disruptive and most
  128  easily repairable while still being representative of the
  129  structure. An inspector who completes a phase two milestone
  130  inspection shall prepare and submit an inspection report
  131  pursuant to subsection (8).
  132         (8) Upon completion of a phase one or phase two milestone
  133  inspection, the architect or engineer who performed the
  134  inspection must submit a sealed copy of the inspection report
  135  with a separate summary of, at minimum, the material findings
  136  and recommendations in the inspection report to the condominium
  137  association or cooperative association, and to the building
  138  official of the local government which has jurisdiction. The
  139  inspection report must, at a minimum, meet all of the following
  140  criteria:
  141         (a) Bear the seal and signature, or the electronic
  142  signature, of the licensed engineer or architect who performed
  143  the inspection.
  144         (b) Indicate the manner and type of inspection forming the
  145  basis for the inspection report.
  146         (c) Identify any substantial structural deterioration,
  147  within a reasonable professional probability based on the scope
  148  of the inspection, describe the extent of such deterioration,
  149  and identify any recommended repairs for such deterioration.
  150         (d) State whether unsafe or dangerous conditions, as those
  151  terms are defined in the Florida Building Code, were observed.
  152         (e) Recommend any remedial or preventive repair for any
  153  items that are damaged but are not substantial structural
  154  deterioration.
  155         (f) Identify and describe any items requiring further
  156  inspection.
  157         (9) The association must distribute a copy of the
  158  inspector-prepared summary of the inspection report to each
  159  condominium unit owner or cooperative unit owner, regardless of
  160  the findings or recommendations in the report, by United States
  161  mail or personal delivery and by electronic transmission to unit
  162  owners who previously consented to received notice by electronic
  163  transmission; must post a copy of the inspector-prepared summary
  164  in a conspicuous place on the condominium or cooperative
  165  property; and must publish the full report and inspector
  166  prepared summary on the association’s website, if the
  167  association is required to have a website.
  168         (10) A local enforcement agency may prescribe timelines and
  169  penalties with respect to compliance with this section.
  170         (11) A board of county commissioners may adopt an ordinance
  171  requiring that a condominium or cooperative association schedule
  172  or commence repairs for substantial structural deterioration
  173  within a specified timeframe after the local enforcement agency
  174  receives a phase two inspection report; however, such repairs
  175  must be commenced within 365 days after receiving such report.
  176  If an association fails to submit proof to the local enforcement
  177  agency that repairs have been scheduled or have commenced for
  178  substantial structural deterioration identified in a phase two
  179  inspection report within the required timeframe, the local
  180  enforcement agency must review and determine if the building is
  181  unsafe for human occupancy.
  182         (12) The Florida Building Commission shall review the
  183  milestone inspection requirements under this section and make
  184  recommendations, if any, to the Legislature to ensure
  185  inspections are sufficient to determine the structural integrity
  186  of a building. The commission must provide a written report of
  187  any recommendations to the Governor, the President of the
  188  Senate, and the Speaker of the House of Representatives by
  189  December 31, 2022.
  190         (13) The Florida Building Commission shall consult with the
  191  State Fire Marshal to provide recommendations to the Legislature
  192  for the adoption of comprehensive structural and life safety
  193  standards for maintaining and inspecting all types of buildings
  194  and structures in this state that are three stories or more in
  195  height. The commission shall provide a written report of its
  196  recommendations to the Governor, the President of the Senate,
  197  and the Speaker of the House of Representatives by December 31,
  198  2023.
  199         Section 3. Paragraphs (a), (c), and (g) of subsection (12)
  200  of section 718.111, Florida Statutes, are amended to read:
  201         718.111 The association.—
  202         (12) OFFICIAL RECORDS.—
  203         (a) From the inception of the association, the association
  204  shall maintain each of the following items, if applicable, which
  205  constitutes the official records of the association:
  206         1. A copy of the plans, permits, warranties, and other
  207  items provided by the developer under s. 718.301(4).
  208         2. A photocopy of the recorded declaration of condominium
  209  of each condominium operated by the association and each
  210  amendment to each declaration.
  211         3. A photocopy of the recorded bylaws of the association
  212  and each amendment to the bylaws.
  213         4. A certified copy of the articles of incorporation of the
  214  association, or other documents creating the association, and
  215  each amendment thereto.
  216         5. A copy of the current rules of the association.
  217         6. A book or books that contain the minutes of all meetings
  218  of the association, the board of administration, and the unit
  219  owners.
  220         7. A current roster of all unit owners and their mailing
  221  addresses, unit identifications, voting certifications, and, if
  222  known, telephone numbers. The association shall also maintain
  223  the e-mail addresses and facsimile numbers of unit owners
  224  consenting to receive notice by electronic transmission. The e
  225  mail addresses and facsimile numbers are not accessible to unit
  226  owners if consent to receive notice by electronic transmission
  227  is not provided in accordance with sub-subparagraph (c)3.e.
  228  However, the association is not liable for an inadvertent
  229  disclosure of the e-mail address or facsimile number for
  230  receiving electronic transmission of notices.
  231         8. All current insurance policies of the association and
  232  condominiums operated by the association.
  233         9. A current copy of any management agreement, lease, or
  234  other contract to which the association is a party or under
  235  which the association or the unit owners have an obligation or
  236  responsibility.
  237         10. Bills of sale or transfer for all property owned by the
  238  association.
  239         11. Accounting records for the association and separate
  240  accounting records for each condominium that the association
  241  operates. Any person who knowingly or intentionally defaces or
  242  destroys such records, or who knowingly or intentionally fails
  243  to create or maintain such records, with the intent of causing
  244  harm to the association or one or more of its members, is
  245  personally subject to a civil penalty pursuant to s.
  246  718.501(1)(d). The accounting records must include, but are not
  247  limited to:
  248         a. Accurate, itemized, and detailed records of all receipts
  249  and expenditures.
  250         b. A current account and a monthly, bimonthly, or quarterly
  251  statement of the account for each unit designating the name of
  252  the unit owner, the due date and amount of each assessment, the
  253  amount paid on the account, and the balance due.
  254         c. All audits, reviews, accounting statements, and
  255  financial reports of the association or condominium.
  256         d. All contracts for work to be performed. Bids for work to
  257  be performed are also considered official records and must be
  258  maintained by the association for at least 1 year after receipt
  259  of the bid.
  260         12. Ballots, sign-in sheets, voting proxies, and all other
  261  papers and electronic records relating to voting by unit owners,
  262  which must be maintained for 1 year from the date of the
  263  election, vote, or meeting to which the document relates,
  264  notwithstanding paragraph (b).
  265         13. All rental records if the association is acting as
  266  agent for the rental of condominium units.
  267         14. A copy of the current question and answer sheet as
  268  described in s. 718.504.
  269         15. A copy of the inspection reports report as described in
  270  ss. 553.899 and 718.301(4)(p) and any other inspection report
  271  relating to a structural or life safety inspection of
  272  condominium property. Such record must be maintained by the
  273  association for 15 years after receipt of the report s.
  274  718.301(4)(p).
  275         16. Bids for materials, equipment, or services.
  276         17. All affirmative acknowledgments made pursuant to s.
  277  718.121(4)(c).
  278         18. All other written records of the association not
  279  specifically included in the foregoing which are related to the
  280  operation of the association.
  281         (c)1. The official records of the association are open to
  282  inspection by any association member or the authorized
  283  representative of such member at all reasonable times. The right
  284  to inspect the records includes the right to make or obtain
  285  copies, at the reasonable expense, if any, of the member or
  286  authorized representative of such member. A renter of a unit has
  287  a right to inspect and copy only the declaration of condominium,
  288  and the association’s bylaws and rules, and the inspection
  289  reports described in ss. 553.899 and 718.301(4)(p). The
  290  association may adopt reasonable rules regarding the frequency,
  291  time, location, notice, and manner of record inspections and
  292  copying but may not require a member to demonstrate any purpose
  293  or state any reason for the inspection. The failure of an
  294  association to provide the records within 10 working days after
  295  receipt of a written request creates a rebuttable presumption
  296  that the association willfully failed to comply with this
  297  paragraph. A unit owner who is denied access to official records
  298  is entitled to the actual damages or minimum damages for the
  299  association’s willful failure to comply. Minimum damages are $50
  300  per calendar day for up to 10 days, beginning on the 11th
  301  working day after receipt of the written request. The failure to
  302  permit inspection entitles any person prevailing in an
  303  enforcement action to recover reasonable attorney fees from the
  304  person in control of the records who, directly or indirectly,
  305  knowingly denied access to the records.
  306         2. Any person who knowingly or intentionally defaces or
  307  destroys accounting records that are required by this chapter to
  308  be maintained during the period for which such records are
  309  required to be maintained, or who knowingly or intentionally
  310  fails to create or maintain accounting records that are required
  311  to be created or maintained, with the intent of causing harm to
  312  the association or one or more of its members, is personally
  313  subject to a civil penalty pursuant to s. 718.501(1)(d).
  314         3. The association shall maintain an adequate number of
  315  copies of the declaration, articles of incorporation, bylaws,
  316  and rules, and all amendments to each of the foregoing, as well
  317  as the question and answer sheet as described in s. 718.504 and
  318  year-end financial information required under this section, on
  319  the condominium property to ensure their availability to unit
  320  owners and prospective purchasers, and may charge its actual
  321  costs for preparing and furnishing these documents to those
  322  requesting the documents. An association shall allow a member or
  323  his or her authorized representative to use a portable device,
  324  including a smartphone, tablet, portable scanner, or any other
  325  technology capable of scanning or taking photographs, to make an
  326  electronic copy of the official records in lieu of the
  327  association’s providing the member or his or her authorized
  328  representative with a copy of such records. The association may
  329  not charge a member or his or her authorized representative for
  330  the use of a portable device. Notwithstanding this paragraph,
  331  the following records are not accessible to unit owners:
  332         a. Any record protected by the lawyer-client privilege as
  333  described in s. 90.502 and any record protected by the work
  334  product privilege, including a record prepared by an association
  335  attorney or prepared at the attorney’s express direction, which
  336  reflects a mental impression, conclusion, litigation strategy,
  337  or legal theory of the attorney or the association, and which
  338  was prepared exclusively for civil or criminal litigation or for
  339  adversarial administrative proceedings, or which was prepared in
  340  anticipation of such litigation or proceedings until the
  341  conclusion of the litigation or proceedings.
  342         b. Information obtained by an association in connection
  343  with the approval of the lease, sale, or other transfer of a
  344  unit.
  345         c. Personnel records of association or management company
  346  employees, including, but not limited to, disciplinary, payroll,
  347  health, and insurance records. For purposes of this sub
  348  subparagraph, the term “personnel records” does not include
  349  written employment agreements with an association employee or
  350  management company, or budgetary or financial records that
  351  indicate the compensation paid to an association employee.
  352         d. Medical records of unit owners.
  353         e. Social security numbers, driver license numbers, credit
  354  card numbers, e-mail addresses, telephone numbers, facsimile
  355  numbers, emergency contact information, addresses of a unit
  356  owner other than as provided to fulfill the association’s notice
  357  requirements, and other personal identifying information of any
  358  person, excluding the person’s name, unit designation, mailing
  359  address, property address, and any address, e-mail address, or
  360  facsimile number provided to the association to fulfill the
  361  association’s notice requirements. Notwithstanding the
  362  restrictions in this sub-subparagraph, an association may print
  363  and distribute to unit owners a directory containing the name,
  364  unit address, and all telephone numbers of each unit owner.
  365  However, an owner may exclude his or her telephone numbers from
  366  the directory by so requesting in writing to the association. An
  367  owner may consent in writing to the disclosure of other contact
  368  information described in this sub-subparagraph. The association
  369  is not liable for the inadvertent disclosure of information that
  370  is protected under this sub-subparagraph if the information is
  371  included in an official record of the association and is
  372  voluntarily provided by an owner and not requested by the
  373  association.
  374         f. Electronic security measures that are used by the
  375  association to safeguard data, including passwords.
  376         g. The software and operating system used by the
  377  association which allow the manipulation of data, even if the
  378  owner owns a copy of the same software used by the association.
  379  The data is part of the official records of the association.
  380         h. All affirmative acknowledgments made pursuant to s.
  381  718.121(4)(c).
  382         (g)1. By January 1, 2019, an association managing a
  383  condominium with 150 or more units which does not contain
  384  timeshare units shall post digital copies of the documents
  385  specified in subparagraph 2. on its website or make such
  386  documents available through an application that can be
  387  downloaded on a mobile device.
  388         a. The association’s website or application must be:
  389         (I) An independent website, application, or web portal
  390  wholly owned and operated by the association; or
  391         (II) A website, application, or web portal operated by a
  392  third-party provider with whom the association owns, leases,
  393  rents, or otherwise obtains the right to operate a web page,
  394  subpage, web portal, collection of subpages or web portals, or
  395  an application which is dedicated to the association’s
  396  activities and on which required notices, records, and documents
  397  may be posted or made available by the association.
  398         b. The association’s website or application must be
  399  accessible through the Internet and must contain a subpage, web
  400  portal, or other protected electronic location that is
  401  inaccessible to the general public and accessible only to unit
  402  owners and employees of the association.
  403         c. Upon a unit owner’s written request, the association
  404  must provide the unit owner with a username and password and
  405  access to the protected sections of the association’s website or
  406  application which contain any notices, records, or documents
  407  that must be electronically provided.
  408         2. A current copy of the following documents must be posted
  409  in digital format on the association’s website or application:
  410         a. The recorded declaration of condominium of each
  411  condominium operated by the association and each amendment to
  412  each declaration.
  413         b. The recorded bylaws of the association and each
  414  amendment to the bylaws.
  415         c. The articles of incorporation of the association, or
  416  other documents creating the association, and each amendment to
  417  the articles of incorporation or other documents. The copy
  418  posted pursuant to this sub-subparagraph must be a copy of the
  419  articles of incorporation filed with the Department of State.
  420         d. The rules of the association.
  421         e. A list of all executory contracts or documents to which
  422  the association is a party or under which the association or the
  423  unit owners have an obligation or responsibility and, after
  424  bidding for the related materials, equipment, or services has
  425  closed, a list of bids received by the association within the
  426  past year. Summaries of bids for materials, equipment, or
  427  services which exceed $500 must be maintained on the website or
  428  application for 1 year. In lieu of summaries, complete copies of
  429  the bids may be posted.
  430         f. The annual budget required by s. 718.112(2)(f) and any
  431  proposed budget to be considered at the annual meeting.
  432         g. The financial report required by subsection (13) and any
  433  monthly income or expense statement to be considered at a
  434  meeting.
  435         h. The certification of each director required by s.
  436  718.112(2)(d)4.b.
  437         i. All contracts or transactions between the association
  438  and any director, officer, corporation, firm, or association
  439  that is not an affiliated condominium association or any other
  440  entity in which an association director is also a director or
  441  officer and financially interested.
  442         j. Any contract or document regarding a conflict of
  443  interest or possible conflict of interest as provided in ss.
  444  468.436(2)(b)6. and 718.3027(3).
  445         k. The notice of any unit owner meeting and the agenda for
  446  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  447  days before the meeting. The notice must be posted in plain view
  448  on the front page of the website or application, or on a
  449  separate subpage of the website or application labeled “Notices”
  450  which is conspicuously visible and linked from the front page.
  451  The association must also post on its website or application any
  452  document to be considered and voted on by the owners during the
  453  meeting or any document listed on the agenda at least 7 days
  454  before the meeting at which the document or the information
  455  within the document will be considered.
  456         l. Notice of any board meeting, the agenda, and any other
  457  document required for the meeting as required by s.
  458  718.112(2)(c), which must be posted no later than the date
  459  required for notice under s. 718.112(2)(c).
  460         m. The inspection reports described in ss. 553.899 and
  461  718.301(4)(p) and any other inspection report relating to a
  462  structural or life safety inspection of condominium property.
  463         3. The association shall ensure that the information and
  464  records described in paragraph (c), which are not allowed to be
  465  accessible to unit owners, are not posted on the association’s
  466  website or application. If protected information or information
  467  restricted from being accessible to unit owners is included in
  468  documents that are required to be posted on the association’s
  469  website or application, the association shall ensure the
  470  information is redacted before posting the documents.
  471  Notwithstanding the foregoing, the association or its agent is
  472  not liable for disclosing information that is protected or
  473  restricted under this paragraph unless such disclosure was made
  474  with a knowing or intentional disregard of the protected or
  475  restricted nature of such information.
  476         4. The failure of the association to post information
  477  required under subparagraph 2. is not in and of itself
  478  sufficient to invalidate any action or decision of the
  479  association’s board or its committees.
  480         Section 4. Paragraph (p) is added to subsection (2) of
  481  section 718.112, Florida Statutes, to read:
  482         718.112 Bylaws.—
  483         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  484  following and, if they do not do so, shall be deemed to include
  485  the following:
  486         (p) Mandatory milestone inspections.—If an association is
  487  required to have a milestone inspection performed pursuant to s.
  488  553.899, the association must arrange for the milestone
  489  inspection to be performed and is responsible for ensuring
  490  compliance with the requirements of s. 553.899. The association
  491  is responsible for all costs associated with the inspection. If
  492  the officers or directors of an association willfully and
  493  knowingly fail to have a milestone inspection performed pursuant
  494  to s. 553.899, such failure is a breach of the officers’ and
  495  directors’ fiduciary relationship to the unit owners under s.
  496  718.111(1)(a). Upon completion of a phase one or phase two
  497  milestone inspection and receipt of the inspector-prepared
  498  summary of the inspection report from the architect or engineer
  499  who performed the inspection, the association must distribute a
  500  copy of the inspector-prepared summary of the inspection report
  501  to each unit owner, regardless of the findings or
  502  recommendations in the report, by United States mail or personal
  503  delivery and by electronic transmission to unit owners who
  504  previously consented to receive notice by electronic
  505  transmission; must post a copy of the inspector-prepared summary
  506  in a conspicuous place on the condominium property; and must
  507  publish the full report and inspector-prepared summary on the
  508  association’s website, if the association is required to have a
  509  website.
  510         Section 5. Paragraph (p) of subsection (4) of section
  511  718.301, Florida Statutes, is amended to read:
  512         718.301 Transfer of association control; claims of defect
  513  by association.—
  514         (4) At the time that unit owners other than the developer
  515  elect a majority of the members of the board of administration
  516  of an association, the developer shall relinquish control of the
  517  association, and the unit owners shall accept control.
  518  Simultaneously, or for the purposes of paragraph (c) not more
  519  than 90 days thereafter, the developer shall deliver to the
  520  association, at the developer’s expense, all property of the
  521  unit owners and of the association which is held or controlled
  522  by the developer, including, but not limited to, the following
  523  items, if applicable, as to each condominium operated by the
  524  association:
  525         (p) Notwithstanding when the certificate of occupancy was
  526  issued or the height of the building, a milestone inspection
  527  report in compliance with s. 553.899 included in the official
  528  records, under seal of an architect or engineer authorized to
  529  practice in this state, and attesting to required maintenance,
  530  condition, useful life, and replacement costs of the following
  531  applicable condominium property common elements comprising a
  532  turnover inspection report:
  533         1. Roof.
  534         2. Structure, including load-bearing walls and primary
  535  structural members and primary structural systems as those terms
  536  are defined in s. 627.706.
  537         3. Fireproofing and fire protection systems.
  538         4. Elevators.
  539         5. Heating and cooling systems.
  540         6. Plumbing.
  541         7. Electrical systems.
  542         8. Swimming pool or spa and equipment.
  543         9. Seawalls.
  544         10. Pavement and parking areas.
  545         11. Drainage systems.
  546         12. Painting.
  547         13. Irrigation systems.
  548         14. Waterproofing.
  549         Section 6. Subsection (1) of section 718.501, Florida
  550  Statutes, is amended, and subsection (3) is added to that
  551  section, to read:
  552         718.501 Authority, responsibility, and duties of Division
  553  of Florida Condominiums, Timeshares, and Mobile Homes.—
  554         (1) The division may enforce and ensure compliance with
  555  this chapter and rules relating to the development,
  556  construction, sale, lease, ownership, operation, and management
  557  of residential condominium units and complaints related to the
  558  procedural completion of milestone inspections under s. 553.899.
  559  In performing its duties, the division has complete jurisdiction
  560  to investigate complaints and enforce compliance with respect to
  561  associations that are still under developer control or the
  562  control of a bulk assignee or bulk buyer pursuant to part VII of
  563  this chapter and complaints against developers, bulk assignees,
  564  or bulk buyers involving improper turnover or failure to
  565  turnover, pursuant to s. 718.301. However, after turnover has
  566  occurred, the division has jurisdiction to investigate
  567  complaints related only to financial issues, elections, and the
  568  maintenance of and unit owner access to association records
  569  under s. 718.111(12).
  570         (a)1. The division may make necessary public or private
  571  investigations within or outside this state to determine whether
  572  any person has violated this chapter or any rule or order
  573  hereunder, to aid in the enforcement of this chapter, or to aid
  574  in the adoption of rules or forms.
  575         2. The division may submit any official written report,
  576  worksheet, or other related paper, or a duly certified copy
  577  thereof, compiled, prepared, drafted, or otherwise made by and
  578  duly authenticated by a financial examiner or analyst to be
  579  admitted as competent evidence in any hearing in which the
  580  financial examiner or analyst is available for cross-examination
  581  and attests under oath that such documents were prepared as a
  582  result of an examination or inspection conducted pursuant to
  583  this chapter.
  584         (b) The division may require or permit any person to file a
  585  statement in writing, under oath or otherwise, as the division
  586  determines, as to the facts and circumstances concerning a
  587  matter to be investigated.
  588         (c) For the purpose of any investigation under this
  589  chapter, the division director or any officer or employee
  590  designated by the division director may administer oaths or
  591  affirmations, subpoena witnesses and compel their attendance,
  592  take evidence, and require the production of any matter which is
  593  relevant to the investigation, including the existence,
  594  description, nature, custody, condition, and location of any
  595  books, documents, or other tangible things and the identity and
  596  location of persons having knowledge of relevant facts or any
  597  other matter reasonably calculated to lead to the discovery of
  598  material evidence. Upon the failure by a person to obey a
  599  subpoena or to answer questions propounded by the investigating
  600  officer and upon reasonable notice to all affected persons, the
  601  division may apply to the circuit court for an order compelling
  602  compliance.
  603         (d) Notwithstanding any remedies available to unit owners
  604  and associations, if the division has reasonable cause to
  605  believe that a violation of any provision of this chapter or
  606  related rule has occurred, the division may institute
  607  enforcement proceedings in its own name against any developer,
  608  bulk assignee, bulk buyer, association, officer, or member of
  609  the board of administration, or its assignees or agents, as
  610  follows:
  611         1. The division may permit a person whose conduct or
  612  actions may be under investigation to waive formal proceedings
  613  and enter into a consent proceeding whereby orders, rules, or
  614  letters of censure or warning, whether formal or informal, may
  615  be entered against the person.
  616         2. The division may issue an order requiring the developer,
  617  bulk assignee, bulk buyer, association, developer-designated
  618  officer, or developer-designated member of the board of
  619  administration, developer-designated assignees or agents, bulk
  620  assignee-designated assignees or agents, bulk buyer-designated
  621  assignees or agents, community association manager, or community
  622  association management firm to cease and desist from the
  623  unlawful practice and take such affirmative action as in the
  624  judgment of the division carry out the purposes of this chapter.
  625  If the division finds that a developer, bulk assignee, bulk
  626  buyer, association, officer, or member of the board of
  627  administration, or its assignees or agents, is violating or is
  628  about to violate any provision of this chapter, any rule adopted
  629  or order issued by the division, or any written agreement
  630  entered into with the division, and presents an immediate danger
  631  to the public requiring an immediate final order, it may issue
  632  an emergency cease and desist order reciting with particularity
  633  the facts underlying such findings. The emergency cease and
  634  desist order is effective for 90 days. If the division begins
  635  nonemergency cease and desist proceedings, the emergency cease
  636  and desist order remains effective until the conclusion of the
  637  proceedings under ss. 120.569 and 120.57.
  638         3. If a developer, bulk assignee, or bulk buyer fails to
  639  pay any restitution determined by the division to be owed, plus
  640  any accrued interest at the highest rate permitted by law,
  641  within 30 days after expiration of any appellate time period of
  642  a final order requiring payment of restitution or the conclusion
  643  of any appeal thereof, whichever is later, the division must
  644  bring an action in circuit or county court on behalf of any
  645  association, class of unit owners, lessees, or purchasers for
  646  restitution, declaratory relief, injunctive relief, or any other
  647  available remedy. The division may also temporarily revoke its
  648  acceptance of the filing for the developer to which the
  649  restitution relates until payment of restitution is made.
  650         4. The division may petition the court for appointment of a
  651  receiver or conservator. If appointed, the receiver or
  652  conservator may take action to implement the court order to
  653  ensure the performance of the order and to remedy any breach
  654  thereof. In addition to all other means provided by law for the
  655  enforcement of an injunction or temporary restraining order, the
  656  circuit court may impound or sequester the property of a party
  657  defendant, including books, papers, documents, and related
  658  records, and allow the examination and use of the property by
  659  the division and a court-appointed receiver or conservator.
  660         5. The division may apply to the circuit court for an order
  661  of restitution whereby the defendant in an action brought under
  662  subparagraph 4. is ordered to make restitution of those sums
  663  shown by the division to have been obtained by the defendant in
  664  violation of this chapter. At the option of the court, such
  665  restitution is payable to the conservator or receiver appointed
  666  under subparagraph 4. or directly to the persons whose funds or
  667  assets were obtained in violation of this chapter.
  668         6. The division may impose a civil penalty against a
  669  developer, bulk assignee, or bulk buyer, or association, or its
  670  assignee or agent, for any violation of this chapter or related
  671  rule. The division may impose a civil penalty individually
  672  against an officer or board member who willfully and knowingly
  673  violates this chapter, an adopted rule, or a final order of the
  674  division; may order the removal of such individual as an officer
  675  or from the board of administration or as an officer of the
  676  association; and may prohibit such individual from serving as an
  677  officer or on the board of a community association for a period
  678  of time. The term “willfully and knowingly” means that the
  679  division informed the officer or board member that his or her
  680  action or intended action violates this chapter, a rule adopted
  681  under this chapter, or a final order of the division and that
  682  the officer or board member refused to comply with the
  683  requirements of this chapter, a rule adopted under this chapter,
  684  or a final order of the division. The division, before
  685  initiating formal agency action under chapter 120, must afford
  686  the officer or board member an opportunity to voluntarily
  687  comply, and an officer or board member who complies within 10
  688  days is not subject to a civil penalty. A penalty may be imposed
  689  on the basis of each day of continuing violation, but the
  690  penalty for any offense may not exceed $5,000. The division
  691  shall adopt, by rule, penalty guidelines applicable to possible
  692  violations or to categories of violations of this chapter or
  693  rules adopted by the division. The guidelines must specify a
  694  meaningful range of civil penalties for each such violation of
  695  the statute and rules and must be based upon the harm caused by
  696  the violation, the repetition of the violation, and upon such
  697  other factors deemed relevant by the division. For example, the
  698  division may consider whether the violations were committed by a
  699  developer, bulk assignee, or bulk buyer, or owner-controlled
  700  association, the size of the association, and other factors. The
  701  guidelines must designate the possible mitigating or aggravating
  702  circumstances that justify a departure from the range of
  703  penalties provided by the rules. It is the legislative intent
  704  that minor violations be distinguished from those which endanger
  705  the health, safety, or welfare of the condominium residents or
  706  other persons and that such guidelines provide reasonable and
  707  meaningful notice to the public of likely penalties that may be
  708  imposed for proscribed conduct. This subsection does not limit
  709  the ability of the division to informally dispose of
  710  administrative actions or complaints by stipulation, agreed
  711  settlement, or consent order. All amounts collected shall be
  712  deposited with the Chief Financial Officer to the credit of the
  713  Division of Florida Condominiums, Timeshares, and Mobile Homes
  714  Trust Fund. If a developer, bulk assignee, or bulk buyer fails
  715  to pay the civil penalty and the amount deemed to be owed to the
  716  association, the division shall issue an order directing that
  717  such developer, bulk assignee, or bulk buyer cease and desist
  718  from further operation until such time as the civil penalty is
  719  paid or may pursue enforcement of the penalty in a court of
  720  competent jurisdiction. If an association fails to pay the civil
  721  penalty, the division shall pursue enforcement in a court of
  722  competent jurisdiction, and the order imposing the civil penalty
  723  or the cease and desist order is not effective until 20 days
  724  after the date of such order. Any action commenced by the
  725  division shall be brought in the county in which the division
  726  has its executive offices or in the county where the violation
  727  occurred.
  728         7. If a unit owner presents the division with proof that
  729  the unit owner has requested access to official records in
  730  writing by certified mail, and that after 10 days the unit owner
  731  again made the same request for access to official records in
  732  writing by certified mail, and that more than 10 days has
  733  elapsed since the second request and the association has still
  734  failed or refused to provide access to official records as
  735  required by this chapter, the division shall issue a subpoena
  736  requiring production of the requested records where the records
  737  are kept pursuant to s. 718.112.
  738         8. In addition to subparagraph 6., the division may seek
  739  the imposition of a civil penalty through the circuit court for
  740  any violation for which the division may issue a notice to show
  741  cause under paragraph (r). The civil penalty shall be at least
  742  $500 but no more than $5,000 for each violation. The court may
  743  also award to the prevailing party court costs and reasonable
  744  attorney fees and, if the division prevails, may also award
  745  reasonable costs of investigation.
  746         (e) The division may prepare and disseminate a prospectus
  747  and other information to assist prospective owners, purchasers,
  748  lessees, and developers of residential condominiums in assessing
  749  the rights, privileges, and duties pertaining thereto.
  750         (f) The division may adopt rules to administer and enforce
  751  this chapter.
  752         (g) The division shall establish procedures for providing
  753  notice to an association and the developer, bulk assignee, or
  754  bulk buyer during the period in which the developer, bulk
  755  assignee, or bulk buyer controls the association if the division
  756  is considering the issuance of a declaratory statement with
  757  respect to the declaration of condominium or any related
  758  document governing such condominium community.
  759         (h) The division shall furnish each association that pays
  760  the fees required by paragraph (2)(a) a copy of this chapter, as
  761  amended, and the rules adopted thereto on an annual basis.
  762         (i) The division shall annually provide each association
  763  with a summary of declaratory statements and formal legal
  764  opinions relating to the operations of condominiums which were
  765  rendered by the division during the previous year.
  766         (j) The division shall provide training and educational
  767  programs for condominium association board members and unit
  768  owners. The training may, in the division’s discretion, include
  769  web-based electronic media, and live training and seminars in
  770  various locations throughout the state. The division may review
  771  and approve education and training programs for board members
  772  and unit owners offered by providers and shall maintain a
  773  current list of approved programs and providers and make such
  774  list available to board members and unit owners in a reasonable
  775  and cost-effective manner.
  776         (k) The division shall maintain a toll-free telephone
  777  number accessible to condominium unit owners.
  778         (l) The division shall develop a program to certify both
  779  volunteer and paid mediators to provide mediation of condominium
  780  disputes. The division shall provide, upon request, a list of
  781  such mediators to any association, unit owner, or other
  782  participant in alternative dispute resolution proceedings under
  783  s. 718.1255 requesting a copy of the list. The division shall
  784  include on the list of volunteer mediators only the names of
  785  persons who have received at least 20 hours of training in
  786  mediation techniques or who have mediated at least 20 disputes.
  787  In order to become initially certified by the division, paid
  788  mediators must be certified by the Supreme Court to mediate
  789  court cases in county or circuit courts. However, the division
  790  may adopt, by rule, additional factors for the certification of
  791  paid mediators, which must be related to experience, education,
  792  or background. Any person initially certified as a paid mediator
  793  by the division must, in order to continue to be certified,
  794  comply with the factors or requirements adopted by rule.
  795         (m) If a complaint is made, the division must conduct its
  796  inquiry with due regard for the interests of the affected
  797  parties. Within 30 days after receipt of a complaint, the
  798  division shall acknowledge the complaint in writing and notify
  799  the complainant whether the complaint is within the jurisdiction
  800  of the division and whether additional information is needed by
  801  the division from the complainant. The division shall conduct
  802  its investigation and, within 90 days after receipt of the
  803  original complaint or of timely requested additional
  804  information, take action upon the complaint. However, the
  805  failure to complete the investigation within 90 days does not
  806  prevent the division from continuing the investigation,
  807  accepting or considering evidence obtained or received after 90
  808  days, or taking administrative action if reasonable cause exists
  809  to believe that a violation of this chapter or a rule has
  810  occurred. If an investigation is not completed within the time
  811  limits established in this paragraph, the division shall, on a
  812  monthly basis, notify the complainant in writing of the status
  813  of the investigation. When reporting its action to the
  814  complainant, the division shall inform the complainant of any
  815  right to a hearing under ss. 120.569 and 120.57. The division
  816  may adopt rules regarding the submission of a complaint against
  817  an association.
  818         (n) Condominium association directors, officers, and
  819  employees; condominium developers; bulk assignees, bulk buyers,
  820  and community association managers; and community association
  821  management firms have an ongoing duty to reasonably cooperate
  822  with the division in any investigation under this section. The
  823  division shall refer to local law enforcement authorities any
  824  person whom the division believes has altered, destroyed,
  825  concealed, or removed any record, document, or thing required to
  826  be kept or maintained by this chapter with the purpose to impair
  827  its verity or availability in the department’s investigation.
  828         (o) The division may:
  829         1. Contract with agencies in this state or other
  830  jurisdictions to perform investigative functions; or
  831         2. Accept grants-in-aid from any source.
  832         (p) The division shall cooperate with similar agencies in
  833  other jurisdictions to establish uniform filing procedures and
  834  forms, public offering statements, advertising standards, and
  835  rules and common administrative practices.
  836         (q) The division shall consider notice to a developer, bulk
  837  assignee, or bulk buyer to be complete when it is delivered to
  838  the address of the developer, bulk assignee, or bulk buyer
  839  currently on file with the division.
  840         (r) In addition to its enforcement authority, the division
  841  may issue a notice to show cause, which must provide for a
  842  hearing, upon written request, in accordance with chapter 120.
  843         (s) The division shall submit to the Governor, the
  844  President of the Senate, the Speaker of the House of
  845  Representatives, and the chairs of the legislative
  846  appropriations committees an annual report that includes, but
  847  need not be limited to, the number of training programs provided
  848  for condominium association board members and unit owners, the
  849  number of complaints received by type, the number and percent of
  850  complaints acknowledged in writing within 30 days and the number
  851  and percent of investigations acted upon within 90 days in
  852  accordance with paragraph (m), and the number of investigations
  853  exceeding the 90-day requirement. The annual report must also
  854  include an evaluation of the division’s core business processes
  855  and make recommendations for improvements, including statutory
  856  changes. The report shall be submitted by September 30 following
  857  the end of the fiscal year.
  858         (3)(a) On or before January 1, 2023, condominium
  859  associations existing on or before July 1, 2022, must provide
  860  the following information to the division in writing, by e-mail,
  861  United States Postal Service, commercial delivery service, or
  862  hand delivery, at a physical address or e-mail address provided
  863  by the division and on a form posted on the division’s website:
  864         1. The number of buildings on the condominium property that
  865  are three stories or higher in height.
  866         2. The total number of units in all such buildings.
  867         3. The addresses of all such buildings.
  868         4. The counties in which all such buildings are located.
  869         (b) The division must compile a list of the number of
  870  buildings on condominium property that are three stories or
  871  higher in height, which is searchable by county, and must post
  872  the list on the division’s website. This list must include all
  873  of the following information:
  874         1. The name of each association with buildings on the
  875  condominium property that are three stories or higher in height.
  876         2. The number of such buildings on each association’s
  877  property.
  878         3. The addresses of all such buildings.
  879         4. The counties in which all such buildings are located.
  880         (c) An association must provide an update in writing to the
  881  division if there are any changes to the information in the list
  882  under paragraph (b) within 6 months after the change.
  883         Section 7. Present paragraphs (b) and (c) of subsection (2)
  884  of section 718.503, Florida Statutes, are redesignated as
  885  paragraphs (c) and (d), respectively, a new paragraph (b) is
  886  added to that subsection, and paragraph (b) of subsection (1)
  887  and paragraph (a) of subsection (2) of that section are amended,
  888  to read:
  889         718.503 Developer disclosure prior to sale; nondeveloper
  890  unit owner disclosure prior to sale; voidability.—
  891         (1) DEVELOPER DISCLOSURE.—
  892         (b) Copies of documents to be furnished to prospective
  893  buyer or lessee.—Until such time as the developer has furnished
  894  the documents listed below to a person who has entered into a
  895  contract to purchase a residential unit or lease it for more
  896  than 5 years, the contract may be voided by that person,
  897  entitling the person to a refund of any deposit together with
  898  interest thereon as provided in s. 718.202. The contract may be
  899  terminated by written notice from the proposed buyer or lessee
  900  delivered to the developer within 15 days after the buyer or
  901  lessee receives all of the documents required by this section.
  902  The developer may not close for 15 days after following the
  903  execution of the agreement and delivery of the documents to the
  904  buyer as evidenced by a signed receipt for documents unless the
  905  buyer is informed in the 15-day voidability period and agrees to
  906  close before prior to the expiration of the 15 days. The
  907  developer shall retain in his or her records a separate
  908  agreement signed by the buyer as proof of the buyer’s agreement
  909  to close before prior to the expiration of the said voidability
  910  period. The developer must retain such Said proof shall be
  911  retained for a period of 5 years after the date of the closing
  912  of the transaction. The documents to be delivered to the
  913  prospective buyer are the prospectus or disclosure statement
  914  with all exhibits, if the development is subject to the
  915  provisions of s. 718.504, or, if not, then copies of the
  916  following which are applicable:
  917         1. The question and answer sheet described in s. 718.504,
  918  and declaration of condominium, or the proposed declaration if
  919  the declaration has not been recorded, which shall include the
  920  certificate of a surveyor approximately representing the
  921  locations required by s. 718.104.
  922         2. The documents creating the association.
  923         3. The bylaws.
  924         4. The ground lease or other underlying lease of the
  925  condominium.
  926         5. The management contract, maintenance contract, and other
  927  contracts for management of the association and operation of the
  928  condominium and facilities used by the unit owners having a
  929  service term in excess of 1 year, and any management contracts
  930  that are renewable.
  931         6. The estimated operating budget for the condominium and a
  932  schedule of expenses for each type of unit, including fees
  933  assessed pursuant to s. 718.113(1) for the maintenance of
  934  limited common elements where such costs are shared only by
  935  those entitled to use the limited common elements.
  936         7. The lease of recreational and other facilities that will
  937  be used only by unit owners of the subject condominium.
  938         8. The lease of recreational and other common facilities
  939  that will be used by unit owners in common with unit owners of
  940  other condominiums.
  941         9. The form of unit lease if the offer is of a leasehold.
  942         10. Any declaration of servitude of properties serving the
  943  condominium but not owned by unit owners or leased to them or
  944  the association.
  945         11. If the development is to be built in phases or if the
  946  association is to manage more than one condominium, a
  947  description of the plan of phase development or the arrangements
  948  for the association to manage two or more condominiums.
  949         12. If the condominium is a conversion of existing
  950  improvements, the statements and disclosure required by s.
  951  718.616.
  952         13. The form of agreement for sale or lease of units.
  953         14. A copy of the floor plan of the unit and the plot plan
  954  showing the location of the residential buildings and the
  955  recreation and other common areas.
  956         15. A copy of all covenants and restrictions that which
  957  will affect the use of the property and which are not contained
  958  in the foregoing.
  959         16. If the developer is required by state or local
  960  authorities to obtain acceptance or approval of any dock or
  961  marina facilities intended to serve the condominium, a copy of
  962  any such acceptance or approval acquired by the time of filing
  963  with the division under s. 718.502(1), or a statement that such
  964  acceptance or approval has not been acquired or received.
  965         17. Evidence demonstrating that the developer has an
  966  ownership, leasehold, or contractual interest in the land upon
  967  which the condominium is to be developed.
  968         18. A copy of the inspector-prepared summary of the
  969  milestone inspection report as described in ss. 553.899 and
  970  718.301(4)(p).
  971         (2) NONDEVELOPER DISCLOSURE.—
  972         (a) Each unit owner who is not a developer as defined by
  973  this chapter must shall comply with the provisions of this
  974  subsection before prior to the sale of his or her unit. Each
  975  prospective purchaser who has entered into a contract for the
  976  purchase of a condominium unit is entitled, at the seller’s
  977  expense, to a current copy of all of the following:
  978         1. The declaration of condominium.,
  979         2. Articles of incorporation of the association.,
  980         3. Bylaws and rules of the association.,
  981         4. Financial information required by s. 718.111.,
  982         5. A copy of the inspector-prepared summary of the
  983  milestone inspection report as described in ss. 553.899 and
  984  718.301(4)(p), if applicable.
  985         7. and The document entitled “Frequently Asked Questions
  986  and Answers” required by s. 718.504.
  987         (b) On and after January 1, 2009, The prospective purchaser
  988  is shall also be entitled to receive from the seller a copy of a
  989  governance form. Such form shall be provided by the division
  990  summarizing governance of condominium associations. In addition
  991  to such other information as the division considers helpful to a
  992  prospective purchaser in understanding association governance,
  993  the governance form shall address the following subjects:
  994         1. The role of the board in conducting the day-to-day
  995  affairs of the association on behalf of, and in the best
  996  interests of, the owners.
  997         2. The board’s responsibility to provide advance notice of
  998  board and membership meetings.
  999         3. The rights of owners to attend and speak at board and
 1000  membership meetings.
 1001         4. The responsibility of the board and of owners with
 1002  respect to maintenance of the condominium property.
 1003         5. The responsibility of the board and owners to abide by
 1004  the condominium documents, this chapter, rules adopted by the
 1005  division, and reasonable rules adopted by the board.
 1006         6. Owners’ rights to inspect and copy association records
 1007  and the limitations on such rights.
 1008         7. Remedies available to owners with respect to actions by
 1009  the board which may be abusive or beyond the board’s power and
 1010  authority.
 1011         8. The right of the board to hire a property management
 1012  firm, subject to its own primary responsibility for such
 1013  management.
 1014         9. The responsibility of owners with regard to payment of
 1015  regular or special assessments necessary for the operation of
 1016  the property and the potential consequences of failure to pay
 1017  such assessments.
 1018         10. The voting rights of owners.
 1019         11. Rights and obligations of the board in enforcement of
 1020  rules in the condominium documents and rules adopted by the
 1021  board.
 1022  
 1023  The governance form shall also include the following statement
 1024  in conspicuous type: “This publication is intended as an
 1025  informal educational overview of condominium governance. In the
 1026  event of a conflict, the provisions of chapter 718, Florida
 1027  Statutes, rules adopted by the Division of Florida Condominiums,
 1028  Timeshares, and Mobile Homes of the Department of Business and
 1029  Professional Regulation, the provisions of the condominium
 1030  documents, and reasonable rules adopted by the condominium
 1031  association’s board of administration prevail over the contents
 1032  of this publication.”
 1033         Section 8. Paragraph (q) is added to subsection (24) of
 1034  section 718.504, Florida Statutes, to read:
 1035         718.504 Prospectus or offering circular.—Every developer of
 1036  a residential condominium which contains more than 20
 1037  residential units, or which is part of a group of residential
 1038  condominiums which will be served by property to be used in
 1039  common by unit owners of more than 20 residential units, shall
 1040  prepare a prospectus or offering circular and file it with the
 1041  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1042  prior to entering into an enforceable contract of purchase and
 1043  sale of any unit or lease of a unit for more than 5 years and
 1044  shall furnish a copy of the prospectus or offering circular to
 1045  each buyer. In addition to the prospectus or offering circular,
 1046  each buyer shall be furnished a separate page entitled
 1047  “Frequently Asked Questions and Answers,” which shall be in
 1048  accordance with a format approved by the division and a copy of
 1049  the financial information required by s. 718.111. This page
 1050  shall, in readable language, inform prospective purchasers
 1051  regarding their voting rights and unit use restrictions,
 1052  including restrictions on the leasing of a unit; shall indicate
 1053  whether and in what amount the unit owners or the association is
 1054  obligated to pay rent or land use fees for recreational or other
 1055  commonly used facilities; shall contain a statement identifying
 1056  that amount of assessment which, pursuant to the budget, would
 1057  be levied upon each unit type, exclusive of any special
 1058  assessments, and which shall further identify the basis upon
 1059  which assessments are levied, whether monthly, quarterly, or
 1060  otherwise; shall state and identify any court cases in which the
 1061  association is currently a party of record in which the
 1062  association may face liability in excess of $100,000; and which
 1063  shall further state whether membership in a recreational
 1064  facilities association is mandatory, and if so, shall identify
 1065  the fees currently charged per unit type. The division shall by
 1066  rule require such other disclosure as in its judgment will
 1067  assist prospective purchasers. The prospectus or offering
 1068  circular may include more than one condominium, although not all
 1069  such units are being offered for sale as of the date of the
 1070  prospectus or offering circular. The prospectus or offering
 1071  circular must contain the following information:
 1072         (24) Copies of the following, to the extent they are
 1073  applicable, shall be included as exhibits:
 1074         (q) A copy of the inspector-prepared summary of the
 1075  milestone inspection report as described in ss. 553.899 and
 1076  718.301(4)(p), as applicable.
 1077         Section 9. Paragraphs (a) and (c) of subsection (2) of
 1078  section 719.104, Florida Statutes, are amended to read:
 1079         719.104 Cooperatives; access to units; records; financial
 1080  reports; assessments; purchase of leases.—
 1081         (2) OFFICIAL RECORDS.—
 1082         (a) From the inception of the association, the association
 1083  shall maintain a copy of each of the following, where
 1084  applicable, which shall constitute the official records of the
 1085  association:
 1086         1. The plans, permits, warranties, and other items provided
 1087  by the developer pursuant to s. 719.301(4).
 1088         2. A photocopy of the cooperative documents.
 1089         3. A copy of the current rules of the association.
 1090         4. A book or books containing the minutes of all meetings
 1091  of the association, of the board of directors, and of the unit
 1092  owners.
 1093         5. A current roster of all unit owners and their mailing
 1094  addresses, unit identifications, voting certifications, and, if
 1095  known, telephone numbers. The association shall also maintain
 1096  the e-mail addresses and the numbers designated by unit owners
 1097  for receiving notice sent by electronic transmission of those
 1098  unit owners consenting to receive notice by electronic
 1099  transmission. The e-mail addresses and numbers provided by unit
 1100  owners to receive notice by electronic transmission shall be
 1101  removed from association records when consent to receive notice
 1102  by electronic transmission is revoked. However, the association
 1103  is not liable for an erroneous disclosure of the e-mail address
 1104  or the number for receiving electronic transmission of notices.
 1105         6. All current insurance policies of the association.
 1106         7. A current copy of any management agreement, lease, or
 1107  other contract to which the association is a party or under
 1108  which the association or the unit owners have an obligation or
 1109  responsibility.
 1110         8. Bills of sale or transfer for all property owned by the
 1111  association.
 1112         9. Accounting records for the association and separate
 1113  accounting records for each unit it operates, according to good
 1114  accounting practices. The accounting records shall include, but
 1115  not be limited to:
 1116         a. Accurate, itemized, and detailed records of all receipts
 1117  and expenditures.
 1118         b. A current account and a monthly, bimonthly, or quarterly
 1119  statement of the account for each unit designating the name of
 1120  the unit owner, the due date and amount of each assessment, the
 1121  amount paid upon the account, and the balance due.
 1122         c. All audits, reviews, accounting statements, and
 1123  financial reports of the association.
 1124         d. All contracts for work to be performed. Bids for work to
 1125  be performed shall also be considered official records and shall
 1126  be maintained for a period of 1 year.
 1127         10. Ballots, sign-in sheets, voting proxies, and all other
 1128  papers and electronic records relating to voting by unit owners,
 1129  which shall be maintained for a period of 1 year after the date
 1130  of the election, vote, or meeting to which the document relates.
 1131         11. All rental records where the association is acting as
 1132  agent for the rental of units.
 1133         12. A copy of the current question and answer sheet as
 1134  described in s. 719.504.
 1135         13. All affirmative acknowledgments made pursuant to s.
 1136  719.108(3)(b)3.
 1137         14. A copy of the inspection reports described in s.
 1138  553.899 and 719.301(4)(p) and any other inspection report
 1139  relating to a structural or life safety inspection of the
 1140  cooperative property. Such record must be maintained by the
 1141  association for 15 years after receipt of the report.
 1142         15. All other written records of the association not
 1143  specifically included in the foregoing which are related to the
 1144  operation of the association.
 1145         (c) The official records of the association are open to
 1146  inspection by any association member or the authorized
 1147  representative of such member at all reasonable times. The right
 1148  to inspect the records includes the right to make or obtain
 1149  copies, at the reasonable expense, if any, of the association
 1150  member. A renter of a unit has a right to inspect and copy only
 1151  the association’s bylaws and rules and the inspection reports
 1152  described in ss. 553.899 and 719.301(4)(p). The association may
 1153  adopt reasonable rules regarding the frequency, time, location,
 1154  notice, and manner of record inspections and copying, but may
 1155  not require a member to demonstrate any purpose or state any
 1156  reason for the inspection. The failure of an association to
 1157  provide the records within 10 working days after receipt of a
 1158  written request creates a rebuttable presumption that the
 1159  association willfully failed to comply with this paragraph. A
 1160  member who is denied access to official records is entitled to
 1161  the actual damages or minimum damages for the association’s
 1162  willful failure to comply. The minimum damages are $50 per
 1163  calendar day for up to 10 days, beginning on the 11th working
 1164  day after receipt of the written request. The failure to permit
 1165  inspection entitles any person prevailing in an enforcement
 1166  action to recover reasonable attorney fees from the person in
 1167  control of the records who, directly or indirectly, knowingly
 1168  denied access to the records. Any person who knowingly or
 1169  intentionally defaces or destroys accounting records that are
 1170  required by this chapter to be maintained during the period for
 1171  which such records are required to be maintained, or who
 1172  knowingly or intentionally fails to create or maintain
 1173  accounting records that are required to be created or
 1174  maintained, with the intent of causing harm to the association
 1175  or one or more of its members, is personally subject to a civil
 1176  penalty under s. 719.501(1)(d). The association shall maintain
 1177  an adequate number of copies of the declaration, articles of
 1178  incorporation, bylaws, and rules, and all amendments to each of
 1179  the foregoing, as well as the question and answer sheet as
 1180  described in s. 719.504 and year-end financial information
 1181  required by the department, on the cooperative property to
 1182  ensure their availability to members and prospective purchasers,
 1183  and may charge its actual costs for preparing and furnishing
 1184  these documents to those requesting the same. An association
 1185  shall allow a member or his or her authorized representative to
 1186  use a portable device, including a smartphone, tablet, portable
 1187  scanner, or any other technology capable of scanning or taking
 1188  photographs, to make an electronic copy of the official records
 1189  in lieu of the association providing the member or his or her
 1190  authorized representative with a copy of such records. The
 1191  association may not charge a member or his or her authorized
 1192  representative for the use of a portable device. Notwithstanding
 1193  this paragraph, the following records shall not be accessible to
 1194  members:
 1195         1. Any record protected by the lawyer-client privilege as
 1196  described in s. 90.502 and any record protected by the work
 1197  product privilege, including any record prepared by an
 1198  association attorney or prepared at the attorney’s express
 1199  direction which reflects a mental impression, conclusion,
 1200  litigation strategy, or legal theory of the attorney or the
 1201  association, and which was prepared exclusively for civil or
 1202  criminal litigation or for adversarial administrative
 1203  proceedings, or which was prepared in anticipation of such
 1204  litigation or proceedings until the conclusion of the litigation
 1205  or proceedings.
 1206         2. Information obtained by an association in connection
 1207  with the approval of the lease, sale, or other transfer of a
 1208  unit.
 1209         3. Personnel records of association or management company
 1210  employees, including, but not limited to, disciplinary, payroll,
 1211  health, and insurance records. For purposes of this
 1212  subparagraph, the term “personnel records” does not include
 1213  written employment agreements with an association employee or
 1214  management company, or budgetary or financial records that
 1215  indicate the compensation paid to an association employee.
 1216         4. Medical records of unit owners.
 1217         5. Social security numbers, driver license numbers, credit
 1218  card numbers, e-mail addresses, telephone numbers, facsimile
 1219  numbers, emergency contact information, addresses of a unit
 1220  owner other than as provided to fulfill the association’s notice
 1221  requirements, and other personal identifying information of any
 1222  person, excluding the person’s name, unit designation, mailing
 1223  address, property address, and any address, e-mail address, or
 1224  facsimile number provided to the association to fulfill the
 1225  association’s notice requirements. Notwithstanding the
 1226  restrictions in this subparagraph, an association may print and
 1227  distribute to unit owners a directory containing the name, unit
 1228  address, and all telephone numbers of each unit owner. However,
 1229  an owner may exclude his or her telephone numbers from the
 1230  directory by so requesting in writing to the association. An
 1231  owner may consent in writing to the disclosure of other contact
 1232  information described in this subparagraph. The association is
 1233  not liable for the inadvertent disclosure of information that is
 1234  protected under this subparagraph if the information is included
 1235  in an official record of the association and is voluntarily
 1236  provided by an owner and not requested by the association.
 1237         6. Electronic security measures that are used by the
 1238  association to safeguard data, including passwords.
 1239         7. The software and operating system used by the
 1240  association which allow the manipulation of data, even if the
 1241  owner owns a copy of the same software used by the association.
 1242  The data is part of the official records of the association.
 1243         8. All affirmative acknowledgments made pursuant to s.
 1244  719.108(3)(b)3.
 1245         Section 10. Paragraph (n) is added to subsection (1) of
 1246  section 719.106, Florida Statutes, to read:
 1247         719.106 Bylaws; cooperative ownership.—
 1248         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1249  documents shall provide for the following, and if they do not,
 1250  they shall be deemed to include the following:
 1251         (n) Mandatory milestone inspections.—If an association is
 1252  required to have a milestone inspection performed pursuant to s.
 1253  553.899, the association must arrange for the milestone
 1254  inspection to be performed and is responsible for ensuring
 1255  compliance with the requirements of s. 553.899. The association
 1256  is responsible for all costs associated with the inspection. If
 1257  the officers or directors of an association willfully and
 1258  knowingly fail to have a milestone inspection performed pursuant
 1259  to s. 553.899, such failure is a breach of the officers’ and
 1260  directors’ fiduciary relationship to the unit owners under s.
 1261  719.104(8)(a). Upon completion of a phase one or phase two
 1262  milestone inspection and receipt of the inspector-prepared
 1263  summary of the inspection report from the architect or engineer
 1264  who performed the inspection, the association must distribute a
 1265  copy of the inspector-prepared summary of the inspection report
 1266  to each unit owner, regardless of the findings or
 1267  recommendations in the report, by United States mail or personal
 1268  delivery and by electronic transmission to unit owners who
 1269  previously consented to receive notice by electronic
 1270  transmission; must post a copy of the inspector-prepared summary
 1271  in a conspicuous place on the cooperative property; and must
 1272  publish the full report and inspector-prepared summary on the
 1273  association’s website, if the association is required to have a
 1274  website.
 1275         Section 11. Paragraph (p) is added to subsection (4) of
 1276  section 719.301, Florida Statutes, to read:
 1277         719.301 Transfer of association control.—
 1278         (4) When unit owners other than the developer elect a
 1279  majority of the members of the board of administration of an
 1280  association, the developer shall relinquish control of the
 1281  association, and the unit owners shall accept control.
 1282  Simultaneously, or for the purpose of paragraph (c) not more
 1283  than 90 days thereafter, the developer shall deliver to the
 1284  association, at the developer’s expense, all property of the
 1285  unit owners and of the association held or controlled by the
 1286  developer, including, but not limited to, the following items,
 1287  if applicable, as to each cooperative operated by the
 1288  association:
 1289         (p) Notwithstanding when the certificate of occupancy was
 1290  issued or the height of the building, a milestone inspection
 1291  report in compliance with s. 553.899 included in the official
 1292  records, under seal of an architect or engineer authorized to
 1293  practice in this state, attesting to required maintenance,
 1294  condition, useful life, and replacement costs of the following
 1295  applicable cooperative property comprising a turnover inspection
 1296  report:
 1297         1. Roof.
 1298         2. Structure, including load-bearing walls and primary
 1299  structural members and primary structural systems as those terms
 1300  are defined in s. 627.706.
 1301         3. Fireproofing and fire protection systems.
 1302         4. Elevators.
 1303         5. Heating and cooling systems.
 1304         6. Plumbing.
 1305         7. Electrical systems.
 1306         8. Swimming pool or spa and equipment.
 1307         9. Seawalls.
 1308         10. Pavement and parking areas.
 1309         11. Drainage systems.
 1310         12. Painting.
 1311         13. Irrigation systems.
 1312         14. Waterproofing.
 1313         Section 12. Subsection (1) of section 719.501, Florida
 1314  Statutes, is amended, and subsection (3) is added to that
 1315  section, to read:
 1316         719.501 Powers and duties of Division of Florida
 1317  Condominiums, Timeshares, and Mobile Homes.—
 1318         (1) The Division of Florida Condominiums, Timeshares, and
 1319  Mobile Homes of the Department of Business and Professional
 1320  Regulation, referred to as the “division” in this part, in
 1321  addition to other powers and duties prescribed by chapter 718,
 1322  has the power to enforce and ensure compliance with this chapter
 1323  and adopted rules relating to the development, construction,
 1324  sale, lease, ownership, operation, and management of residential
 1325  cooperative units and complaints related to the procedural
 1326  completion of milestone inspections under s. 553.899. In
 1327  performing its duties, the division shall have the following
 1328  powers and duties:
 1329         (a) The division may make necessary public or private
 1330  investigations within or outside this state to determine whether
 1331  any person has violated this chapter or any rule or order
 1332  hereunder, to aid in the enforcement of this chapter, or to aid
 1333  in the adoption of rules or forms hereunder.
 1334         (b) The division may require or permit any person to file a
 1335  statement in writing, under oath or otherwise, as the division
 1336  determines, as to the facts and circumstances concerning a
 1337  matter to be investigated.
 1338         (c) For the purpose of any investigation under this
 1339  chapter, the division director or any officer or employee
 1340  designated by the division director may administer oaths or
 1341  affirmations, subpoena witnesses and compel their attendance,
 1342  take evidence, and require the production of any matter which is
 1343  relevant to the investigation, including the existence,
 1344  description, nature, custody, condition, and location of any
 1345  books, documents, or other tangible things and the identity and
 1346  location of persons having knowledge of relevant facts or any
 1347  other matter reasonably calculated to lead to the discovery of
 1348  material evidence. Upon failure by a person to obey a subpoena
 1349  or to answer questions propounded by the investigating officer
 1350  and upon reasonable notice to all persons affected thereby, the
 1351  division may apply to the circuit court for an order compelling
 1352  compliance.
 1353         (d) Notwithstanding any remedies available to unit owners
 1354  and associations, if the division has reasonable cause to
 1355  believe that a violation of any provision of this chapter or
 1356  related rule has occurred, the division may institute
 1357  enforcement proceedings in its own name against a developer,
 1358  association, officer, or member of the board, or its assignees
 1359  or agents, as follows:
 1360         1. The division may permit a person whose conduct or
 1361  actions may be under investigation to waive formal proceedings
 1362  and enter into a consent proceeding whereby orders, rules, or
 1363  letters of censure or warning, whether formal or informal, may
 1364  be entered against the person.
 1365         2. The division may issue an order requiring the developer,
 1366  association, officer, or member of the board, or its assignees
 1367  or agents, to cease and desist from the unlawful practice and
 1368  take such affirmative action as in the judgment of the division
 1369  will carry out the purposes of this chapter. Such affirmative
 1370  action may include, but is not limited to, an order requiring a
 1371  developer to pay moneys determined to be owed to a condominium
 1372  association.
 1373         3. The division may bring an action in circuit court on
 1374  behalf of a class of unit owners, lessees, or purchasers for
 1375  declaratory relief, injunctive relief, or restitution.
 1376         4. The division may impose a civil penalty against a
 1377  developer or association, or its assignees or agents, for any
 1378  violation of this chapter or related rule. The division may
 1379  impose a civil penalty individually against any officer or board
 1380  member who willfully and knowingly violates a provision of this
 1381  chapter, a rule adopted pursuant to this chapter, or a final
 1382  order of the division. The term “willfully and knowingly” means
 1383  that the division informed the officer or board member that his
 1384  or her action or intended action violates this chapter, a rule
 1385  adopted under this chapter, or a final order of the division,
 1386  and that the officer or board member refused to comply with the
 1387  requirements of this chapter, a rule adopted under this chapter,
 1388  or a final order of the division. The division, prior to
 1389  initiating formal agency action under chapter 120, shall afford
 1390  the officer or board member an opportunity to voluntarily comply
 1391  with this chapter, a rule adopted under this chapter, or a final
 1392  order of the division. An officer or board member who complies
 1393  within 10 days is not subject to a civil penalty. A penalty may
 1394  be imposed on the basis of each day of continuing violation, but
 1395  in no event shall the penalty for any offense exceed $5,000. By
 1396  January 1, 1998, the division shall adopt, by rule, penalty
 1397  guidelines applicable to possible violations or to categories of
 1398  violations of this chapter or rules adopted by the division. The
 1399  guidelines must specify a meaningful range of civil penalties
 1400  for each such violation of the statute and rules and must be
 1401  based upon the harm caused by the violation, the repetition of
 1402  the violation, and upon such other factors deemed relevant by
 1403  the division. For example, the division may consider whether the
 1404  violations were committed by a developer or owner-controlled
 1405  association, the size of the association, and other factors. The
 1406  guidelines must designate the possible mitigating or aggravating
 1407  circumstances that justify a departure from the range of
 1408  penalties provided by the rules. It is the legislative intent
 1409  that minor violations be distinguished from those which endanger
 1410  the health, safety, or welfare of the cooperative residents or
 1411  other persons and that such guidelines provide reasonable and
 1412  meaningful notice to the public of likely penalties that may be
 1413  imposed for proscribed conduct. This subsection does not limit
 1414  the ability of the division to informally dispose of
 1415  administrative actions or complaints by stipulation, agreed
 1416  settlement, or consent order. All amounts collected shall be
 1417  deposited with the Chief Financial Officer to the credit of the
 1418  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1419  Trust Fund. If a developer fails to pay the civil penalty, the
 1420  division shall thereupon issue an order directing that such
 1421  developer cease and desist from further operation until such
 1422  time as the civil penalty is paid or may pursue enforcement of
 1423  the penalty in a court of competent jurisdiction. If an
 1424  association fails to pay the civil penalty, the division shall
 1425  thereupon pursue enforcement in a court of competent
 1426  jurisdiction, and the order imposing the civil penalty or the
 1427  cease and desist order shall not become effective until 20 days
 1428  after the date of such order. Any action commenced by the
 1429  division shall be brought in the county in which the division
 1430  has its executive offices or in the county where the violation
 1431  occurred.
 1432         (e) The division may prepare and disseminate a prospectus
 1433  and other information to assist prospective owners, purchasers,
 1434  lessees, and developers of residential cooperatives in assessing
 1435  the rights, privileges, and duties pertaining thereto.
 1436         (f) The division has authority to adopt rules pursuant to
 1437  ss. 120.536(1) and 120.54 to implement and enforce the
 1438  provisions of this chapter.
 1439         (g) The division shall establish procedures for providing
 1440  notice to an association when the division is considering the
 1441  issuance of a declaratory statement with respect to the
 1442  cooperative documents governing such cooperative community.
 1443         (h) The division shall furnish each association which pays
 1444  the fees required by paragraph (2)(a) a copy of this act,
 1445  subsequent changes to this act on an annual basis, an amended
 1446  version of this act as it becomes available from the Secretary
 1447  of State’s office on a biennial basis, and the rules adopted
 1448  thereto on an annual basis.
 1449         (i) The division shall annually provide each association
 1450  with a summary of declaratory statements and formal legal
 1451  opinions relating to the operations of cooperatives which were
 1452  rendered by the division during the previous year.
 1453         (j) The division shall adopt uniform accounting principles,
 1454  policies, and standards to be used by all associations in the
 1455  preparation and presentation of all financial statements
 1456  required by this chapter. The principles, policies, and
 1457  standards shall take into consideration the size of the
 1458  association and the total revenue collected by the association.
 1459         (k) The division shall provide training and educational
 1460  programs for cooperative association board members and unit
 1461  owners. The training may, in the division’s discretion, include
 1462  web-based electronic media, and live training and seminars in
 1463  various locations throughout the state. The division may review
 1464  and approve education and training programs for board members
 1465  and unit owners offered by providers and shall maintain a
 1466  current list of approved programs and providers and make such
 1467  list available to board members and unit owners in a reasonable
 1468  and cost-effective manner.
 1469         (l) The division shall maintain a toll-free telephone
 1470  number accessible to cooperative unit owners.
 1471         (m) When a complaint is made to the division, the division
 1472  shall conduct its inquiry with reasonable dispatch and with due
 1473  regard to the interests of the affected parties. Within 30 days
 1474  after receipt of a complaint, the division shall acknowledge the
 1475  complaint in writing and notify the complainant whether the
 1476  complaint is within the jurisdiction of the division and whether
 1477  additional information is needed by the division from the
 1478  complainant. The division shall conduct its investigation and
 1479  shall, within 90 days after receipt of the original complaint or
 1480  timely requested additional information, take action upon the
 1481  complaint. However, the failure to complete the investigation
 1482  within 90 days does not prevent the division from continuing the
 1483  investigation, accepting or considering evidence obtained or
 1484  received after 90 days, or taking administrative action if
 1485  reasonable cause exists to believe that a violation of this
 1486  chapter or a rule of the division has occurred. If an
 1487  investigation is not completed within the time limits
 1488  established in this paragraph, the division shall, on a monthly
 1489  basis, notify the complainant in writing of the status of the
 1490  investigation. When reporting its action to the complainant, the
 1491  division shall inform the complainant of any right to a hearing
 1492  pursuant to ss. 120.569 and 120.57.
 1493         (n) The division shall develop a program to certify both
 1494  volunteer and paid mediators to provide mediation of cooperative
 1495  disputes. The division shall provide, upon request, a list of
 1496  such mediators to any association, unit owner, or other
 1497  participant in arbitration proceedings under s. 718.1255
 1498  requesting a copy of the list. The division shall include on the
 1499  list of voluntary mediators only persons who have received at
 1500  least 20 hours of training in mediation techniques or have
 1501  mediated at least 20 disputes. In order to become initially
 1502  certified by the division, paid mediators must be certified by
 1503  the Supreme Court to mediate court cases in county or circuit
 1504  courts. However, the division may adopt, by rule, additional
 1505  factors for the certification of paid mediators, which factors
 1506  must be related to experience, education, or background. Any
 1507  person initially certified as a paid mediator by the division
 1508  must, in order to continue to be certified, comply with the
 1509  factors or requirements imposed by rules adopted by the
 1510  division.
 1511         (3)(a) On or before January 1, 2023, cooperative
 1512  associations existing on or before July 1, 2022, must provide
 1513  the following information to the division in writing, by e-mail,
 1514  United States Postal Service, commercial delivery service, or
 1515  hand delivery, at a physical address or e-mail address provided
 1516  by the division and on a form posted on the division’s website:
 1517         1. The number of buildings on the cooperative property that
 1518  are three stories or higher in height.
 1519         2. The total number of units in all such buildings.
 1520         3. The addresses of all such buildings.
 1521         4. The counties in which all such buildings are located.
 1522         (b) The division must compile a list of the number of
 1523  buildings on cooperative property that are three stories or
 1524  higher in height, which is searchable by county, and must post
 1525  the list on the division’s website. This list must include all
 1526  of the following information:
 1527         1. The name of each association with buildings on the
 1528  cooperative property that are three stories or higher in height.
 1529         2. The number of such buildings on each association’s
 1530  property.
 1531         3. The addresses of all such buildings.
 1532         4. The counties in which all such buildings are located.
 1533         (c) An association must provide an update in writing to the
 1534  division if there are any changes to the information in the list
 1535  under paragraph (b) within 6 months after the change.
 1536         Section 13. Paragraph (b) of subsection (1) and paragraph
 1537  (a) of subsection (2) of section 719.503, Florida Statutes, are
 1538  amended to read:
 1539         719.503 Disclosure prior to sale.—
 1540         (1) DEVELOPER DISCLOSURE.—
 1541         (b) Copies of documents to be furnished to prospective
 1542  buyer or lessee.—Until such time as the developer has furnished
 1543  the documents listed below to a person who has entered into a
 1544  contract to purchase a unit or lease it for more than 5 years,
 1545  the contract may be voided by that person, entitling the person
 1546  to a refund of any deposit together with interest thereon as
 1547  provided in s. 719.202. The contract may be terminated by
 1548  written notice from the proposed buyer or lessee delivered to
 1549  the developer within 15 days after the buyer or lessee receives
 1550  all of the documents required by this section. The developer may
 1551  shall not close for 15 days after following the execution of the
 1552  agreement and delivery of the documents to the buyer as
 1553  evidenced by a receipt for documents signed by the buyer unless
 1554  the buyer is informed in the 15-day voidability period and
 1555  agrees to close before prior to the expiration of the 15 days.
 1556  The developer shall retain in his or her records a separate
 1557  signed agreement as proof of the buyer’s agreement to close
 1558  before prior to the expiration of the said voidability period.
 1559  The developer must retain such Said proof shall be retained for
 1560  a period of 5 years after the date of the closing transaction.
 1561  The documents to be delivered to the prospective buyer are the
 1562  prospectus or disclosure statement with all exhibits, if the
 1563  development is subject to the provisions of s. 719.504, or, if
 1564  not, then copies of the following which are applicable:
 1565         1. The question and answer sheet described in s. 719.504,
 1566  and cooperative documents, or the proposed cooperative documents
 1567  if the documents have not been recorded, which shall include the
 1568  certificate of a surveyor approximately representing the
 1569  locations required by s. 719.104.
 1570         2. The documents creating the association.
 1571         3. The bylaws.
 1572         4. The ground lease or other underlying lease of the
 1573  cooperative.
 1574         5. The management contract, maintenance contract, and other
 1575  contracts for management of the association and operation of the
 1576  cooperative and facilities used by the unit owners having a
 1577  service term in excess of 1 year, and any management contracts
 1578  that are renewable.
 1579         6. The estimated operating budget for the cooperative and a
 1580  schedule of expenses for each type of unit, including fees
 1581  assessed to a shareholder who has exclusive use of limited
 1582  common areas, where such costs are shared only by those entitled
 1583  to use such limited common areas.
 1584         7. The lease of recreational and other facilities that will
 1585  be used only by unit owners of the subject cooperative.
 1586         8. The lease of recreational and other common areas that
 1587  will be used by unit owners in common with unit owners of other
 1588  cooperatives.
 1589         9. The form of unit lease if the offer is of a leasehold.
 1590         10. Any declaration of servitude of properties serving the
 1591  cooperative but not owned by unit owners or leased to them or
 1592  the association.
 1593         11. If the development is to be built in phases or if the
 1594  association is to manage more than one cooperative, a
 1595  description of the plan of phase development or the arrangements
 1596  for the association to manage two or more cooperatives.
 1597         12. If the cooperative is a conversion of existing
 1598  improvements, the statements and disclosure required by s.
 1599  719.616.
 1600         13. The form of agreement for sale or lease of units.
 1601         14. A copy of the floor plan of the unit and the plot plan
 1602  showing the location of the residential buildings and the
 1603  recreation and other common areas.
 1604         15. A copy of all covenants and restrictions that which
 1605  will affect the use of the property and which are not contained
 1606  in the foregoing.
 1607         16. If the developer is required by state or local
 1608  authorities to obtain acceptance or approval of any dock or
 1609  marina facilities intended to serve the cooperative, a copy of
 1610  any such acceptance or approval acquired by the time of filing
 1611  with the division pursuant to s. 719.502(1) or a statement that
 1612  such acceptance or approval has not been acquired or received.
 1613         17. Evidence demonstrating that the developer has an
 1614  ownership, leasehold, or contractual interest in the land upon
 1615  which the cooperative is to be developed.
 1616         18. A copy of the inspector-prepared summary of the
 1617  milestone inspection report as described in ss. 553.899 and
 1618  719.301(4)(p), if applicable.
 1619         (2) NONDEVELOPER DISCLOSURE.—
 1620         (a) Each unit owner who is not a developer as defined by
 1621  this chapter must comply with the provisions of this subsection
 1622  before prior to the sale of his or her interest in the
 1623  association. Each prospective purchaser who has entered into a
 1624  contract for the purchase of an interest in a cooperative is
 1625  entitled, at the seller’s expense, to a current copy of all of
 1626  the following:
 1627         1. The articles of incorporation of the association.,
 1628         2. The bylaws, and rules of the association.
 1629         3. ,as well as A copy of the question and answer sheet as
 1630  provided in s. 719.504.
 1631         4. A copy of the inspector-prepared summary of the
 1632  milestone inspection report as described in ss. 553.899 and
 1633  719.301(4)(p), if applicable.
 1634         Section 14. Paragraph (q) is added to subsection (23) of
 1635  section 719.504, Florida Statutes, to read:
 1636         719.504 Prospectus or offering circular.—Every developer of
 1637  a residential cooperative which contains more than 20
 1638  residential units, or which is part of a group of residential
 1639  cooperatives which will be served by property to be used in
 1640  common by unit owners of more than 20 residential units, shall
 1641  prepare a prospectus or offering circular and file it with the
 1642  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1643  prior to entering into an enforceable contract of purchase and
 1644  sale of any unit or lease of a unit for more than 5 years and
 1645  shall furnish a copy of the prospectus or offering circular to
 1646  each buyer. In addition to the prospectus or offering circular,
 1647  each buyer shall be furnished a separate page entitled
 1648  “Frequently Asked Questions and Answers,” which must be in
 1649  accordance with a format approved by the division. This page
 1650  must, in readable language: inform prospective purchasers
 1651  regarding their voting rights and unit use restrictions,
 1652  including restrictions on the leasing of a unit; indicate
 1653  whether and in what amount the unit owners or the association is
 1654  obligated to pay rent or land use fees for recreational or other
 1655  commonly used facilities; contain a statement identifying that
 1656  amount of assessment which, pursuant to the budget, would be
 1657  levied upon each unit type, exclusive of any special
 1658  assessments, and which identifies the basis upon which
 1659  assessments are levied, whether monthly, quarterly, or
 1660  otherwise; state and identify any court cases in which the
 1661  association is currently a party of record in which the
 1662  association may face liability in excess of $100,000; and state
 1663  whether membership in a recreational facilities association is
 1664  mandatory and, if so, identify the fees currently charged per
 1665  unit type. The division shall by rule require such other
 1666  disclosure as in its judgment will assist prospective
 1667  purchasers. The prospectus or offering circular may include more
 1668  than one cooperative, although not all such units are being
 1669  offered for sale as of the date of the prospectus or offering
 1670  circular. The prospectus or offering circular must contain the
 1671  following information:
 1672         (23) Copies of the following, to the extent they are
 1673  applicable, shall be included as exhibits:
 1674         (q) A copy of the inspector-prepared summary of the
 1675  milestone inspection report as described in ss. 553.899 and
 1676  719.301(4)(p), if applicable.
 1677         Section 15. This act shall take effect July 1, 2022.
 1678  
 1679  ================= T I T L E  A M E N D M E N T ================
 1680  And the title is amended as follows:
 1681         Delete everything before the enacting clause
 1682  and insert:
 1683                        A bill to be entitled                      
 1684         An act relating to condominium and cooperative
 1685         associations; amending s. 468.4334, F.S.; requiring
 1686         community association managers and community
 1687         association management firms to comply with a
 1688         specified provision under certain circumstances;
 1689         creating s. 553.899, F.S.; providing legislative
 1690         findings; defining the terms “milestone inspection”
 1691         and “substantial structural deterioration”; specifying
 1692         that the purpose of a milestone inspection is not to
 1693         determine compliance with the Florida Building Code or
 1694         the firesafety code; requiring condominium
 1695         associations and cooperative associations to have
 1696         milestone inspections performed on certain buildings
 1697         at specified times; specifying that such associations
 1698         are responsible for costs relating to milestone
 1699         inspections; providing applicability; requiring that
 1700         initial milestone inspections for certain buildings be
 1701         performed before a specified date; requiring local
 1702         enforcement agencies to provide certain written notice
 1703         to condominium associations and cooperative
 1704         associations; requiring condominium associations and
 1705         cooperative associations to complete phase one of a
 1706         milestone inspection within a specified timeframe;
 1707         specifying that milestone inspections consist of two
 1708         phases; providing requirements for each phase of a
 1709         milestone inspection; requiring architects and
 1710         engineers performing a milestone inspection to submit
 1711         a sealed copy of the inspection report and a summary
 1712         that includes specified findings and recommendations
 1713         to certain entities; providing requirements for such
 1714         inspection reports; requiring condominium associations
 1715         and cooperative associations to distribute and post a
 1716         copy of each inspection report and summary in a
 1717         specified manner; authorizing local enforcement
 1718         agencies to prescribe timelines and penalties relating
 1719         to milestone inspections; authorizing boards of county
 1720         commissioners to adopt certain ordinances relating to
 1721         repairs for substantial structural deterioration;
 1722         requiring local enforcement agencies to review and
 1723         determine if a building is unsafe for human occupancy
 1724         under certain circumstances; requiring the Florida
 1725         Building Commission to review milestone inspection
 1726         requirements and make any recommendations to the
 1727         Governor and the Legislature by a specified date;
 1728         requiring the commission to consult with the State
 1729         Fire Marshal to provide certain recommendations to the
 1730         Governor and the Legislature by a specified date;
 1731         amending s. 718.111, F.S.; revising the types of
 1732         records that constitute the official records of a
 1733         condominium association; requiring associations to
 1734         maintain specified records for a certain timeframe;
 1735         specifying that renters of a unit have the right to
 1736         inspect and copy certain reports; requiring
 1737         associations to post a copy of certain reports and
 1738         reserve studies on the association’s website; amending
 1739         s. 718.112, F.S.; restating requirements for
 1740         associations relating to milestone inspections;
 1741         specifying that if the officers or directors of a
 1742         condominium association fail to have a milestone
 1743         inspection performed, such failure is a breach of
 1744         their fiduciary relationship to the unit owners;
 1745         amending s. 718.301, F.S.; revising reporting
 1746         requirements relating to the transfer of association
 1747         control; amending s. 718.501, F.S.; revising the
 1748         Division of Florida Condominiums, Timeshares, and
 1749         Mobile Homes’ authority relating to enforcement and
 1750         compliance; requiring certain associations to provide
 1751         certain information and updates to the division by a
 1752         specified date and within a specified timeframe;
 1753         requiring the division to compile a list with certain
 1754         information and post such list on its website;
 1755         amending s. 718.503, F.S.; revising the documents that
 1756         must be delivered to a prospective buyer or lessee of
 1757         a residential unit; revising requirements for
 1758         nondeveloper disclosures; amending s. 718.504, F.S.;
 1759         revising requirements for prospectuses and offering
 1760         circulars; amending s. 719.104, F.S.; revising the
 1761         types of records that constitute the official records
 1762         of a cooperative association; requiring associations
 1763         to maintain specified records for a certain timeframe;
 1764         specifying that renters of a unit have the right to
 1765         inspect and copy certain reports; amending s. 719.106,
 1766         F.S.; restating requirements for associations relating
 1767         to milestone inspections; specifying that if the
 1768         officers or directors of a cooperative association
 1769         fail to have a milestone inspection performed, such
 1770         failure is a breach of their fiduciary relationship to
 1771         the unit owners; amending s. 719.301, F.S.; requiring
 1772         developers to deliver a turnover inspection report
 1773         relating to cooperative property under certain
 1774         circumstances; amending s. 719.501, F.S.; revising the
 1775         division’s authority relating to enforcement and
 1776         compliance; requiring certain associations to provide
 1777         certain information and updates to the division by a
 1778         specified date and within a specified time; requiring
 1779         the division to compile a list with certain
 1780         information and post such list on its website;
 1781         amending s. 719.503, F.S.; revising the documents that
 1782         must be delivered to a prospective buyer or lessee of
 1783         a residential unit; revising nondeveloper disclosure
 1784         requirements; amending s. 719.504, F.S.; revising
 1785         requirements for prospectuses and offering circulars;
 1786         providing an effective date.